The Board of County Commissioners of Brevard County, Florida, met in regular session on August 27, 1996, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Mark Cook, Commissioners Truman Scarborough, Randy O?Brien, Nancy Higgs, and Scott Ellis, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Reverend Buddy Creek, First Assembly of God Church, Cocoa Florida.

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

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve the minutes of the March 21, 1996 Special Meeting, April 29, 1996 Zoning Meeting, May 7, 1996 Regular Meeting, and May 14, 1996 Special Meeting. Motion carried and ordered unanimously.

APPROVAL, RE: REMOVE AGENDA ITEM

Commissioner Scarborough advised Item VI.E.5 can be removed from the Agenda as it has been handled administratively.

REPORT, RE: CANDIDATES BREAKFAST

Commissioner O?Brien reported on the lack of attendance at the Candidate?s Breakfast held on the previous weekend.

APPROVAL, RE: MOVE AGENDA ITEMS

Chairman Cook requested Items III.C.4 and III.D.7 be moved to Section VII.

FINAL PLAT APPROVAL, RE: FAWN COVE SUBDIVISION

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to grant final plat approval for Fawn Cove Subdivision, subject to minor changes if necessary and receipt of all documents required for recording. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: THE OAKS AT LAKEFRONT

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to grant final engineering approval for The Oaks at Lakefront, subject to minor engineering changes as applicable. Motion carried and ordered unanimously.

RESOLUTION, RE: NAMING DUSA DRIVE

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt Resolution naming Dusa Drive in Township 27 South, Range 36 East, Section 13. Motion carried and ordered unanimously.

RESOLUTION, RE: RENAMING DANTE DRIVE AS SUNTREE WOODS DRIVE

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt Resolution renaming Dante Drive as Suntree Woods Drive in Township 26 South, Range 36 East, Sections 11 and 12. Motion carried and ordered unanimously.

RESOLUTION, RE: RENAMING SALT GRASS PLACE AS CORD GRASS LANE AND PORTION OF CORD GRASS LANE AS SALT GRASS PLACE

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt Resolution renaming Salt Grass Place as Cord Grass Lane and portion of Cord Grass Lane as Salt Grass Place in Township 29 South, Range 38 East, Section 10. Motion carried and ordered unanimously.

AGREEMENT WITH CINDY AND WAYNE STEWART, AND RUTH ANN WARING, RE: BUILDING PERMIT OFF CHICAGO AVENUE

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to execute Unpaved Road Agreement with Cindy and Wayne Stewart, and Ruth Ann Waring for building permits off Chicago Avenue, an existing County right-of-way constructed to the standards of Ordinance No. 96-25. Motion carried and ordered unanimously.

AGREEMENT WITH CATHY GRANT, RE: IMPACT FEE FINANCING FOR CONSTRUCTION IN CANAVERAL GROVES

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to execute Agreement with Cathy Grant for impact fee financing for property in West Canaveral Groves. Motion carried and ordered unanimously.

REDUCTION OF ADMINISTRATIVE FINE AND CONDITIONAL RELEASE OF CODE ENFORCEMENT LIEN, RE: JOHN FAROUK

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to execute Reduction of Administrative Fine and Conditional Release of Code Enforcement Lien on property located at 2713 Aurora Road, Melbourne for John Farouk. Motion carried and ordered unanimously.

WAIVER OF FEES AND TIME CONSTRAINT REQUIREMENTS, RE: SPECIAL EVENT SIGN FOR UNITED WAY CAMPAIGN Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to waive the fees and time constraint requirements for one special event sign for the United Way of Brevard County. Motion carried and ordered unanimously.

AUTHORIZE CHAIRMAN TO EXECUTE SUBGRANT APPLICATION WITH FLORIDA DEPARTMENT OF TRANSPORTATION AND FORMS, AND APPROVE TEMPORARY LOAN FROM GENERAL FUND, RE: SAFE SCHOOL ACCESS STUDY GRANT

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to execute Subgrant Application with Florida Department of Transportation for Safe School Access Study Grant; authorize temporary loan, not to exceed $30,000, from the General Fund; and authorize the Chairman to execute the forms establishing the revenue and expenditure budgets. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE AND ADDENDUM WITH FLORIDA CONFERENCE ASSOCIATION OF SEVENTH DAY ADVENTISTS, RE: MOSQUITO CONTROL IMPOUNDMENT SITES ALONG EAST BANK OF SYKES CREEK

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to execute Contract for Sale and Purchase and Addendum with Florida Conference Association of Seventh Day Adventists, a non-profit corporation, for purchase of Mosquito Control impoundment sites along the east bank of Sykes Creek, at $102,000. Motion carried and ordered unanimously.

BUDGET CHANGE REQUEST, RE: AMENDMENT TO ENGINEERING SERVICES BUDGET

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to approve Budget Change Request amending Engineering Services budget to recognize revenues received for services provided. Motion carried and ordered unanimously.

RESOLUTION AND LEASE AGREEMENT WITH CROSSWINDS YOUTH SERVICES, RE: LEASE OF PROPERTY AT 55 NORTH COURTENAY PARKWAY, MERRITT ISLAND

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt Resolution and execute Lease Agreement with Crosswinds Youth Services, Inc. for use of property at 55 N. Courtenay Parkway, Merritt Island, from October 1, 1996 through September 30, 2001, to provide shelter, board, and support services for pre-delinquent, runaway, and homeless youths. Motion carried and ordered unanimously.

AGREEMENT WITH CROSSWINDS YOUTH SERVICES, INC., RE: SHELTER AND SUPPORT SERVICES TO PRE-DELINQUENT, RUNAWAY AND HOMELESS YOUTHS

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to execute Agreement with Crosswinds Youth Services, Inc. for $12,000 to provide shelter, prevention and after-care services including weekly prevention groups for HIV/AIDS education and substance abuse, and life skills groups from October 1, 1996 through September 30,1997. Motion carried and ordered unanimously.

APPROVE SOLE SOURCE PURCHASE FROM MONDO-AMERICA FLOORING SYSTEMS, RE: REPLACEMENT OF COCOA WEST GYMNASIUM FLOOR

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to authorize sole source purchase from Mondo/America Flooring Systems of 7,000 square feet of Mondo Advance Floor to replace the gym floor at Cocoa West Community Center. Motion carried and ordered unanimously.

AGREEMENT WITH QUALITE SPORTS LIGHTING, INC., RE: KELLY PARK WEST LIGHTING COMPONENTS

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to execute Patent Indemnification Agreement with Qualite Sports Lighting for lighting components at Kelly Park West. Motion carried and ordered unanimously.

AGREEMENTS WITH AMERICAN LUNG ASSOCIATION OF FLORIDA, INC., RE: THE SAVANNAHS AT SYKES CREEK, SPESSARD HOLLAND, AND THE HABITAT AT VALKARIA GOLF COURSES GOLF CARDS

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to execute Agreements with American Lung Association of Florida, Inc. for golf card memberships at Spessard Holland, Savannahs at Sykes Creek, and Habitat Golf Courses from May 1, 1997 through November 30, 1997. Motion carried and ordered unanimously.

AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT WITH CITY OF PALM BAY, RE: DEVELOPMENT OF CASTAWAYS POINT

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to execute Amendment No. 1 to Agreement with the City of Palm Bay for development of Castaways Point, increasing the County?s contribution by $40,000 from District 3 Beach and Riverfront funds. Motion carried and ordered unanimously.

BUDGET CHANGE REQUEST, RE: UNEXPENDED FUNDS FROM PINEDA LANDING BOAT RAMP RENOVATION PROJECT

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to approve Budget Change Request for transfer of unexpended funds from Pineda Landing Boat Ramp Renovation Project to the General Government Fund. Motion carried and ordered unanimously.

APPROVAL OF TEMPORARY LOANS FROM GENERAL FUND, RE: SCOTTSMOOR LANDING, KELLY PARK WEST, MELBOURNE RIVERVIEW, AND PALM BAY REGIONAL PARKS

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to approve temporary loans from the General Fund for Scottsmoor Landing FBIP at $112,000, Kelly Park West FBIP at $64,000, Melbourne Riverview FBIP at $60,000, and Palm Bay Regional FRDAP at $150,000 with reimbursements made from the grant sources. Motion carried and ordered unanimously.

PERMISSION TO PARTICIPATE, RE: MUSCULAR DYSTROPHY ASSOCIATION BOOT DRIVE

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to authorize the Public Safety Department to participate in the Muscular Dystrophy Association Boot Drive for Labor Day weekend of August 31 through September 2, 1996; and authorize the County Manager or his designee to approve Public Safety?s future participation. Motion carried and ordered unanimously.

OPTION AGREEMENT WITH J. M. AND ALICE DIANE STEPHENS, RE: PURCHASE OF PROPERTY ADJACENT TO SARNO ROAD LANDFILL AND TRANSFER STATION

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to execute Option Agreement with J. M. and Alice Diane Stephens for purchase of 22.67? acres adjoining Sarno Road Landfill and Transfer Station. Motion carried and ordered unanimously.

TASK ORDER NO. 8 WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC., RE: CONSTRUCTION OBSERVATION SERVICES FOR CENTRAL DISPOSAL FACILITY EAST SIDE OF SLOPE CLOSURE PROJECT

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to execute Task Order No. 8 to Agreement with Post, Buckley, Schuh & Jernigan, Inc. dated January 21, 1992 to provide construction observation services for the Central Disposal Facility East Side Slope Closure Project not to exceed $177,300. Motion carried and ordered unanimously.

RESOLUTION AND USE AGREEMENT WITH SPACE COAST HABITAT FOR HUMANITY, INC., RE: USE OF BUILDING AT FORMER WASTEWATER TREATMENT PLAN SITE ON FORTENBERRY ROAD

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt Resolution and execute Use Agreement with Space Coast Habitat for Humanity, Inc. to use building at the former wastewater treatment plant site on Fortenberry Road, Merritt Island, at $700 per month from September 6, 1996 through September 6, 1999. Motion carried and ordered unanimously.

AGREEMENT WITH PUBLIC DEFENDER, RE: LEGAL REPRESENTATION OF INDIGENT DEFENDANTS

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to execute Agreement with the Public Defender for legal representation of indigent defendants at $45,000, from October 1, 1996 through September 30, 1997. Motion carried and ordered unanimously.

AGREEMENTS WITH ARTHUR KUTSCHE, DOUGLAS MARKS, KENNETH WEAVER, AND SEAN ANDERSON, RE: LEGAL REPRESENTATION OF INDIGENTS IN CONFLICT CRIMINAL AND JUVENILE COURT PROCEEDINGS

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to execute Agreements with Arthur Kutsche, Douglas Marks, Kenneth Weaver, and Sean Anderson for legal representation of indigents in conflict criminal and juvenile court proceedings at $26,000 each. Motion carried and ordered unanimously.

AWARD OF BID #B-3-6-94 AND AGREEMENT, RE: TRANSPORTATION OF SIGNAL 7'S

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to award Bid #B-3-6-94, Transportation of Signal 7's, to Herndon Transport Services, Inc. at $108.50 per Signal 7 removal; and execute Agreement with Herndon Transport Services, Inc. for the service. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to appoint Dan Kubitschek, 1399 Banana River Drive, Indian Harbour Beach, to the Live-Aboard Vessel Committee; and reappoint Phyllis McCullers, 9920 Riverview Drive, Micco to the Community Development Block Grant Advisory Board, and Stephen C. Marcum, 604 Alden Place, Melbourne Beach to the Planning and Zoning Board. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to approve the Bills and Budget Transfers, as submitted. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - NANCY FAZIO, RE: RESOLUTION PROCLAIMING FIREFIGHTERS? APPRECIATION WEEK

Commissioner Scarborough read aloud a resolution proclaiming August 26 through September 2, 1996 as Firefighters? Appreciation Week.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution proclaiming August 26, through September 2, 1996 as Firefighters? Appreciation Week, and commending the firefighters for their efforts on behalf of the Muscular Dystrophy Association. Motion carried and ordered unanimously.

Nancy Fazio thanked the Board for the Resolution and its continued support; advised of the amount of money collected for Muscular Dystrophy; and presented the Commissioners with pins.

PERSONAL APPEARANCE - JANICE KERSHAW, VERY SPECIAL ARTS, RE: COUNTY CULTURAL GRANT

Janice Kershaw, representing Very Special Arts, expressed appreciation to the Board for the County Cultural Grant; and outlined the services provided. She advised of an upcoming event, and distributed certificates to the Commissioners.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENT IN VETTER ISLES ESTATES - HAROLD R. AND ALBERTA J. DANZIS

Chairman Cook called for the public hearing to consider a Resolution vacating public utility easement in Vetter Isles Estates as petitioned by Harold R. and Alberta J. Danzis.

There being no objections heard, motion was made by Commissioner O?Brien, seconded by Commissioner Scarborough, to adopt Resolution vacating public utility easement in Vetter Isles Estates as petitioned by Harold R. and Alberta J. Danzis. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITIES AND DRAINAGE EASEMENTS IN HOLIDAY SPRINGS AT SUNTREE - SUNTREE COMMUNITY DEVELOPERS, INC.

Chairman Cook called for the public hearing to consider a Resolution vacating public utilities and drainage easements in Holiday Springs at Suntree as petitioned by Suntree Community Developers, Inc.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution vacating public utilities and drainage easements in Holiday Springs at Suntree as petitioned by Suntree Community Developers, Inc. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTIONS ADOPTING ANNUAL SOLID WASTE DISPOSAL, COLLECTION AND RECYCLING SPECIAL ASSESSMENTS, IMPOSING SOLID WASTE IMPACT FEE, AND RATIFYING, CONFIRMING AND CERTIFYING ANNUAL DISPOSAL, COLLECTION AND RECYCLING SPECIAL ASSESSMENTS

Chairman Cook called for the public hearing to consider Resolutions adopting the Annual Solid Waste Disposal, Collection, and Recycling Special Assessments, imposing Solid Waste Impact Fee, and ratifying, confirming and certifying the Annual Disposal, Collection, and Recycling Special Assessments.

There being no objections heard, motion was made by Commissioner O?Brien, seconded by Commissioner Scarborough, to adopt Resolutions adopting the Annual Solid Waste Disposal, Collection, and Recycling Special Assessments, imposing Solid Waste Impact Fee, and ratifying, confirming, and certifying the Annual Disposal, Collection and Recycling Special Assessments. Motion carried and ordered; Commissioner Ellis voted nay.

ACKNOWLEDGE RECEIPT OF ORDINANCE NO. 96-19 FROM CITY OF WEST MELBOURNE, RE: VOLUNTARY ANNEXATION

Assistant to County Manager Peggy Busacca advised the City of West Melbourne desires to annex the property in question; explained the concerns about cost sharing on canal and street maintenance; and advised of a meeting with the City Manager at which direction was set. County Manager Tom Jenkins advised the County would maintain the large canal and the City would maintain the smaller canal.

Discussion ensued on road maintenance, who would approve the site plan, and access to the canal. Commissioner Ellis requested the issue of piping and the canal come back to the Board. Ms. Busacca advised the County will coordinate with the City on the site plan.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to acknowledge receipt of Ordinance No. 96-19 from the City of West Melbourne providing for voluntary annexation of real property; and direct the Public Works Department to begin negotiations with the City regarding shared maintenance and cost responsibilities for the existing Crane Creek lateral canal system. Motion carried and ordered unanimously.

TEMPORARY LOAN FROM GENERAL FUND, RE: PRINTING BREVARD COUNTY HISTORY BOOK, VOLUME II

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve temporary loan from the General Fund in the amount not to exceed $25,000, and execute Budget Change Request to print 3,000 copies of the Brevard County History Book, Volume II. Motion carried and ordered unanimously.

ACKNOWLEDGE STAFF REPORT AND PROVIDE DIRECTION, RE: MEETINGS WITH LOCAL HISTORICAL GROUPS AND IMPLEMENTATION OF HISTORIC PRESERVATION ELEMENT

County Manager Tom Jenkins advised of the background leading to the meetings with local historical groups.

Planner II Todd Peetz advised the recommendations from the meetings are to proceed with a enacting Historic Preservation ordinance and including the ordinance in the Historic Preservation Element. Discussion ensued on the regulatory effect and participation of the East Central Florida Regional Planning Council.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize staff to proceed with discussions with the East Coast Regional Planning Council concerning a Historic Preservation Ordinance, and come back to the Board when the relationship has been solidified.

Discussion ensued on costs, the regulatory effect, incentives for voluntary preservation of historic sites, and terms of appointment.

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

Mr. Peetz advised the second recommendation is for the County to be a hub of local historic information; and outlined the options.

Discussion ensued on the cost of the options.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to establish historical information on Brevard County?s Internet home page, to be maintained by a volunteer from the Brevard Heritage Council. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to authorize staff to assist local historical organizations in formulating a ?County Heritage Day Celebration.? Motion carried and ordered unanimously.

Mr. Peetz advised the final recommendation is to maintain the Historic Preservation Element. Chairman Cook stated the Board has already taken action to maintain that. Mr. Jenkins advised the issue will be put on the agenda for the Board?s discussion. Commissioner O?Brien requested staff comment on problems in maintaining the Historic Element and the cost to do so. Mr. Jenkins stated staff will provide fiscal impact of each task.

ACCEPTANCE OF SUBGRANT AWARD FROM FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, RE: DRUG CONTROL AND SYSTEM IMPROVEMENT GRANT

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Certificate of Acceptance of Subgrant Award for the Office of the State Attorney Juvenile Crime and Data System Project, and authorize the Chairman to sign future acceptance awards for the remainder of the 1996-97 Edward Byrne grant. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - ROWENA BALTER, RE: REMOVAL OF SPEED HUMPS ON SOUTH TROPICAL TRAIL

Rowena Baltar advised of problems with speed humps on South Tropical Trail; and presented results of an October, 1995 survey indicating the majority of the residents favor removal of the speed humps. She advised of irregularities in the original survey; and described the area which should be surveyed. She advised of other detrimental effects of speed humps; and requested the speed humps be removed.

Robert Wallace advised of problems with South Tropical Trail; and stated speed humps are not a good solution.

Jack Baltar provided a history of problems on South Tropical Trail; and requested those against the speed humps stand. A group of approximately 25 people stood in support of removal of the speed humps.

Paul Shupe advised of concerns expressed by neighbor Jack Chambers. Mr. Shupe expressed concern about increased auto maintenance and operating costs due to the speed humps.

Melvin Woodford and William Ferrell spoke in opposition to the speed humps, and Christopher Barrett spoke in favor of retaining the speed humps.

Chairman Cook suggested the best alternative is to direct Traffic Engineering staff to do an independent survey. Commissioner Higgs suggested the survey be divided into those who are in the speed hump area and those who are outside the area. Traffic Engineering Director Billy Osborne recommended a survey area. and outlined the areas that was surveyed previously.

Motion by Commissioner O?Brien, seconded by Commissioner Cook, to direct staff to do an independent survey of all residents in the area from Pineda Causeway to Mathers Bridge to determine desire for speed humps on South Tropical Trail, and report back to the Board. Motion carried and ordered unanimously.

The meeting recessed at 10:15 a.m. and reconvened at 10:30 a.m.

DISCUSSION, RE: GROUP HEALTH INSURANCE RECOMMENDATIONS

Charlie Burns read aloud a letter which he previously faxed to all Commissioners providing recommendations to improve the group health insurance program for the County including employee contributions and requiring proof of other insurance before allowing employees to opt out. He advised of his experience with HMO?s.

Human Resources Director Frank Abbate provided an overview of the prescription benefits card.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to accept prescription benefits proposal from BeneCard Services, Inc. for benefits to be effective January 1, 1997; and authorize the Chairman to execute Contract, subject to approval of the County Attorney and Risk Management. Motion carried and ordered unanimously.

Mr. Abbate explained the suggested co-payment structure. Discussion ensued on the effect to the program and the proposed savings.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to change the pharmacy card to co-payments of $7 generic and $14 brand, when a generic drug is not available or the physician states that a brand is ?medically necessary?, and $7 plus the difference in cost between brand and generic when a generic is available and the physician does not state that a brand is ?medically necessary.? Motion carried and ordered unanimously.

Mr. Abbate explained the non-mandatory formulary concept; and advised the rebate to the County would be approximately 4% of the formulary.

Discussion ensued on how the formulary program would be implemented and tracked. Mr. Jacobs advised of the cost of the present program and the savings to be derived from the change. Discussion resumed on the formulary program and the confidentiality of employees? health and pharmaceutical records. Commissioner Higgs requested staff clarify in writing any circumstances in which a person?s pharmaceutical or medical records would be accessible.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to accept a non-mandatory formulary listing of preferred drugs to be distributed to employees, pharmacies, and physicians in order to qualify for manufacturer?s rebates whenever those drugs are dispensed. Motion carried and ordered unanimously.

Mr. Abbate explained the recommendation which would allow local pharmacies to fill mail order prescriptions if they are willing to do so on the same financial basis as BeneCard.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to approve a contract provision that will allow local pharmacies to fill mail order prescriptions if they are willing to do so on the same basis as BeneCard. Motion carried and ordered unanimously.

Mr. Abbate advised the next item for consideration is the Aetna Health Plans which have performance guarantees.

Discussion ensued on turnaround time for payment.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to accept performance guarantees from Aetna Health Plan for PPO and HMO plans effective January 1, 1997; and authorize the Chairman to execute contract, subject to approval by the County Attorney and Risk Management. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to accept performance guarantees from United HealthCare Plans for a POS plan effective January 1, 1997; and authorize the Chairman to execute contract, subject to approval by the County Attorney and Risk Management.

Discussion ensued on the worst case out-of-pocket expense and out-of-network disincentives.

Mr. Abbate advised United HealthCare is continuing negotiations with Holmes and Cape Canaveral Hospitals; and recommended if Holmes and Cape Canaveral Hospitals do not join the United network, the contract be contingent on United HealthCare treating admissions by network primary physicians to those hospitals as network admissions if the primary care physician does not have admitting privileges to a network hospital.

Commissioner Higgs advised that provision is incorporated in the motion; with Commissioner Scarborough including such provision in the second.

Discussion ensued on other companies offering a POS program, additional performance guarantees, what will happen if there is loss of network, the IRS regulations, obligation of County to give all options, and obligation of employees to understand the plans.

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

Mr. Abbate recommended the Board permit the Committee to rehear presentations on PPO mental health services from short listed vendors.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize the Committee to rehear presentations from short list vendors for PPO mental health services. Motion carried and ordered unanimously.

Mr. Abbate advised the next item for consideration is the service of Chapman, Schewe & Smith; and the Board has received information on the service.

Discussion ensued on omission of broker not reducing proposed rates, performance guarantees, and re-evaluation at the end of one year to see if savings have taken place.

Jeff Smith, representing Chapman, Schewe & Smith, explained how the performance guarantees are implemented; and advised Chapman, Schewe & Smith will be compensated by Aetna Insurance, and the Board will receive information on a quarterly basis. Discussion ensued on how the RFP was structured. Commissioners Higgs and Scarborough expressed concerns about the process. Mr. Smith clarified the services Chapman, Schewe & Smith will provide; and inquired why the issues are not being addressed with the United HealthCare agent. Chairman Cook expressed concern about the possible conflict of the employee advocate being paid by the provider; with Mr. Smith responding if Chapman, Schewe & Smith does not perform, the County will fire the firm.

Philip Saul, representing Aetna Health Plans, clarified the position of Chapman, Schewe & Smith. Commissioner Scarborough inquired what role will Aetna plan if Chapman, Schewe & Smith does not perform as stated. Mr. Saul clarified the positions of Aetna and Chapman, Schewe & Smith; and stated if Chapman, Schewe & Smith does not satisfy the performance guarantee, it will refund the money to the County. Commissioner Higgs advised Chapman, Schewe & Smith is a broker like any other, but is performing additional services for the County. Discussion resumed on the services of Chapman, Schewe & Smith and whether the performance guarantees are enforceable.

County Attorney Scott Knox suggested an addendum or separate contract with Chapman, Schewe & Smith reciting its guarantees for a consideration of $100.

Motion by Commissioner Scarborough, to accept the services of Chapman, Schewe & Smith as part of the Aetna proposal, and authorize an addendum with Chapman, Schewe & Smith reciting its performance guarantees for a consideration of $100.

Chairman Cook inquired if the motion includes re-evaluation at the end of one year; with Commissioner Scarborough responding that is automatic. Chairman Cook inquired if the proposal is acceptable to Chapman, Schewe & Smith.

Mr. Smith read aloud portions of the letter reciting the performance guarantees; and advised the Agent of Record Letter is the method of recourse. He explained the performance guarantees; and advised Chapman, Schewe & Smith will sign the addendum and would prefer a quarterly review.

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

FIRST AMENDMENT TO AGREEMENT WITH THE NATURE CONSERVANCY, RE: ENVIRONMENTALLY ENDANGERED LANDS ACQUISITION PROGRAM

Robert Bendick, Jr., representing The Nature Conservancy, advised of the mission and previous actions of The Nature Conservancy; and requested the County continue to work with The Nature Conservancy on the implementation of the EEL Program.

Carole Pope, Karen Cogan, Priscilla Griffith, Jim Swann, Ralph Bird, Greg Thomas, Christine Ambrose, Margaret Broussard, Charlene Berger, Richard Stees, Diane Stees, and Kim Zarillo spoke in support of extension of the contract with The Nature Conservancy.

Al Notary opposed extension of the contract with The Nature Conservancy; and recommended an audit be done of The Nature Conservancy.

Deanna Reiter read aloud from an article on The Nature Conservancy; and inquired about purchases from the RTC. Dr. DeFreese explained how the RTC works when banks fail; and advised Malabar scrub was purchased as an RTC deal with help from The Nature Conservancy in a bid process. Mr. Reiter inquired if the property would have come to the County if no one had bid; with Dr. DeFreese responding no. Ms. Reiter inquired about commissions on each property; with Dr. DeFreese responding there is no commission on any property; and the contract is $166,511 per year fixed fee for all services. Ms. Reiter inquired about opportunities for local realtors to bid; with Dr. DeFreese advising the RFP was advertised locally and in Orlando.

Micah Savell, Harry Fuller, and Norma Savell spoke against extension of the contract with The Nature Conservancy; and suggested staff, local realtors and volunteers do the job. Mr. Savell compared the amount spent on land acquisition to the amount spent on community-based organizations.

B. B. Nelson spoke against extension of the contract with The Nature Conservancy; advised of increasing taxes and permit fees; and inquired about savings; with Dr. DeFreese advising an $11 million reimbursement to the County is pending.

Commissioner Higgs advised she supports the extension as it is the most effective and economical way to provide the services.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Amendment to Agreement with The Nature Conservancy providing for a three-year extension for land acquisition and management services.

Discussion ensued on the bidding process, time requirement to complete the acquisition process, expertise required to make the program work, staff comments to the newspaper, money spent on social services, desire of the public for privatization, and the status of the Cochran property.

Chairman Cook called for a vote on the motion. Motion carried and ordered; Commissioner Ellis voted nay.

DISCUSSION, RE: JUVENILE ASSESSMENT CENTER FUNDING IN LEGISLATIVE PACKAGE

Judge Larry Johnston advised of the rise in juvenile crime, size of the Brevard County Juvenile Detention Facility, and lack of coordination of services. He advised Chapter 39.0471, Florida Statutes, creates authority to establish a juvenile assessment center; and Chapter 775, Florida Statutes, provides a means of paying for the center by allowing the County to add up to $3 on criminal offenses. He described how a juvenile assessment center would operate; and requested the Board call upon the Sheriff?s Department and the Department of Juvenile Justice to enter into a written agreement so that funds can be made available from the newly assessed court fund described in F.S. 775, and create a working committee to establish a location and name for the juvenile assessment center. He read aloud from a poem, ?Remember Me.?

State Attorney Norm Wolfinger spoke in support of the proposed juvenile assessment center. He suggested the makeup of the proposed committee; and stated the issues to be decided are location, financing, and what the facility will do.

Keith Chandler, representing Brevard Police Chiefs? Association, spoke in support of the proposed juvenile assessment center; and stated the Sarno site is ideal.

Don Nettles, representing Dr. Sawyer of the School Board, spoke in support of the proposed juvenile assessment center.

Discussion ensued on current policy dealing with juveniles, travel distances due to size of the County, existing Sarno facility, and establishment of the steering committee.

Motion by Commissioner Ellis, seconded by Commissioner Higgs, to include a request for Juvenile Assessment Center funding in the Legislative Package.

Discussion ensued on the number of centers.

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

County Manager Tom Jenkins inquired if the Board wishes to put the sale of the Sarno Complex on hold.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to direct the County Manager to maintain flexibility including withholding sale of the Sarno Complex until the Juvenile Assessment Center matter is resolved. Motion carried and ordered unanimously.

Chairman Cook inquired about the purpose of the steering committee. Discussion ensued on the committee. Commissioner Ellis requested Mr. Wolfinger submit his ideas on the steering committee to the Board for discussion at the next meeting.

Commissioner Higgs inquired about the suggested agreement between the Sheriff and the Juvenile Justice Department. Judge Johnston advised the agreement is necessary to implement the $3 fee. Commissioner Higgs requested the County Attorney research and provide more information. Discussion ensued on the fee. Judge Johnston stated he will provide copies of Agreements from other counties.

The meeting recessed at 1:12 p.m. and reconvened at 2:00 p.m.

Human Resources Director Frank Abbate outlined the options to deal with the projected fiscal year deficit of $360,000; and advised as a result of the Board?s action on the prescription card earlier, the deficit is only $260,000.

Chairman Cook expressed support for charging $10 per month for the prescription card program. Commissioner Scarborough expressed support for option 4 which only impacts those choosing premium services; and advised of the figures to eliminate the deficit.

Discussion ensued on the options and discussions with the Unions.

Commissioner O?Brien advised he cannot support increase in the cost of the prescription card, and supports option 4.

Discussion resumed on the options and buy-out clauses. Commissioner O?Brien expressed concern about offering the buy-out unless the employee shows proof of other insurance. Discussion ensued on whether to require proof of insurance to opt out, whether there would be an effect on Workers Compensation, loss of worker time, difference between cash incentives and benefits, increased costs to the County if employees are not covered by insurance, and how other jurisdictions are handling this type of program.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve the figures presented by Mr. Abbate with an additional $4.50 per month for the United HealthCare POS insurance and $13 per month for Aetna PPO Plan. Motion carried and ordered unanimously.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to approve a program offering $30 per month as an incentive for those who desire not to take insurance coverage.

Commissioner O?Brien requested the Human Resource Director explore a controlling mechanism so it is not a free-for-all giveaway. Chairman Cook suggested making it a pilot program for one year. Commissioner Higgs requested it be contingent on the statement that the employee have other health care. Commissioner Scarborough suggested Mr. Abbate come back to the Board in one week on procedure for implementation.

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

Mr. Abbate advised the deficit was contingent upon the dependent and retiree rate structure that were contained in requested action 6.1 which is a return to the pre-Humana rate structure for the HMO and PPO; and outlined the figures for each plan. Discussion ensued on whether the proposal has been discussed with the Unions or employees, the Insurance Committee recommendation, the effect of going to a lesser rate for PPO, use of reserves, the programmed increase and supplement, the pre-Humana rates, and impact to employees? paychecks. Mr. Jenkins stated how to structure the pay increases will be on the next agenda. Discussion resumed on the insurance increases and making up the deficit. Commissioner Scarborough suggested deferring discussion of increases until the Board discusses wages. Mr. Jenkins advised there is a double impact on the PPO, and the prescription card may be the alternative. Discussion resumed on the alternatives to make up the deficit, how many employees will opt out of the insurance program, the impact of families opting out of the program versus single employees opting out, use of insurance reserves, and polling employees to determine who will opt out.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to table consideration of the funding alternatives to the September 10, 1996 Board meeting. Motion carried and ordered; Commissioner Cook voted nay.

PERSONAL APPEARANCE - NANCY FAZIO, BREVARD PROFESSIONAL FIREFIGHTERS IAFF LOCAL 2969, RE: PAY BACK OF OVERTIME OVER PAID TO FIRE RESCUE PERSONNEL

Nancy Fazio, representing Brevard Professional Firefighters IAFF Local 2969, outlined the problem with overtime overpayment and suspended leave accrual; and requested the Board consider other alternatives including suspended leave accrual, use of annual leave already accrued, payment program through payroll deduction, and lump sum payment. Ms. Fazio explained how the overtime problem occurred.

Chief Bill Farmer advised the Public Safety Department has no problem with any of the suggested options.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to direct the County Manager to work with the Public Safety and Finance Departments on options for payback of overtime overpaid to Fire Rescue personnel including payroll deduction, annual leave reimbursement, and lump sum payment. Motion carried and ordered unanimously.

DISCUSSION, RE: BUILDING CODE REVISION

Commissioner O?Brien described the problem of a North Merritt Island resident whose neighbor is building at a great elevation; and stated the County has a minimum elevation, but no maximum. County Manager Tom Jenkins advised there is no cap on building elevation; but there is a requirement for the new construction to demonstrate through a drainage plan that it will not run water off onto the neighbor?s property; however, if it does happen, it is a civil matter between neighbors. Code Compliance Director Ralph Brescia advised the drainage plan is required as part of the building package; and the certificate of occupancy is not issued unless it is submitted. Commissioner O?Brien stated he is looking for something up front. Commissioner Scarborough advised of similar problems in Port St. John; and requested staff report back on Ordinances from other counties to address this issue.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to direct staff to develop an ordinance providing a maximum elevation for new houses, and report to the Board on Ordinances adopted by other counties to address the issue.

Commissioner O?Brien requested staff look at other options to solve the problem. Commissioner Scarborough stated that is included in the motion.

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

RESOLUTION, RE: INCREASING ZONING APPLICATION FEES

Chairman Cook stated there is a request for the zoning fees to be increased by 5%.

Discussion ensued on rising costs to process zoning requests, current level of fees, General Fund subsidy, typical applicants, cost for interpretation of home occupations, and cumulative effect of taxes.

The Board reached consensus to take no action.

APPROVAL, RE: DEVELOPMENT OF BID DOCUMENT FOR SALE OF THE SAVANNAHS AT SYKES CREEK GOLF COURSE

Commissioner Higgs stated the audit and new marketing program indicate the golf courses may potentially be at a break even point in the near future; and she is unwilling to go forward with a sale which will leave the County still owing $1.4 million. Commissioner Ellis noted the fiscal decision is to determine what the property is worth and what is owed on it, and then decide how to take the loss; and the decision today is not whether to sell the golf course, but to go out to bid. Commissioner O?Brien advised of the $781,000 loss in the last three years; stated government does not belong in the golf course business; and it would take $1 million to bring the course up to standards to be a premium golf course. Commissioner Scarborough commented on the financial analysis.

Discussion ensued on comparable sales, how long it took for Spessard Holland Golf Course to be profitable, concerns about selling at a deficit, the loss of $1.2 million in the last four years on the Savannahs, the extended loss as opposed to the current loss, and the minimum bid.

Chairman Cook advised of the losses by year; and stated the intent was for the course to be self sustaining. Commissioner O?Brien recommended selling the course now.

Commissioner Higgs noted the value of the recreation facility; and stated the County has not done the minimum necessary to make the course break even. Discussion ensued on the location of The Savannahs, the location of Spessard Holland Golf Course, the controversy surrounding The Savannahs, the unrealized guarantee that the course would be self sufficient, the work done at the course, the minimum bid, the effect of inflation, the possibility of the course becoming more profitable as Merritt Island builds out, and the possibility of restructuring some of the holes to create buildable lots. Golf Operations Director Gene Burress advised staff has not looked at restructuring holes, but there is nowhere to expand or redesign the golf course. Commissioner Higgs inquired about creating a shorter course, and cutting out lots in the interior; with Parks and Recreation Director Charles Nelson advising that is the only way to use the existing acreage, but it may be prohibited by the covenants. Commissioner O?Brien advised the golf course would have to show a profit of $650,000 per year for ten years to make up for current losses.

Motion by Commissioner O?Brien, seconded by Commissioner Ellis, to approve development of a bid document for sale of The Savannahs Golf Course, with a minimum bid of $3 million.

Commissioner Scarborough recommended getting more information before taking action. Discussion ensued on when the analysis should be done and where the minimum bid should be set. Commissioner Ellis outlined the numbers for the golf course. Chairman Cook recommended seeing what bids the County receives; and stated the Board will make a decision when the analysis comes back. Discussion ensued on the number of golfers necessary to break even and an analysis including depreciation.

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

AGREEMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: SECTION 319 EPA NONPOINT SOURCE MANAGEMENT GRANT

Commissioner O?Brien inquired about itemized costs and measurable outcomes for the student intern; with Dr. DeFreese responding the intern or new professional would receive $35,000 and $5,990 was in-kind contributions from the EEL staff; it was split over two years; and it is without benefits. Commissioner O?Brien expressed concern about various positions; suggested one individual cover several positions; and questioned use of EEL money; with Dr. DeFreese advising it is consistent with the intent of the referendum. Commissioner O?Brien inquired about various positions, expansion of government, use of recycled paper, cost of printing, and cost to build an environmental center; with Dr. DeFreese clarifying the terms of the Agreement. Discussion ensued on funding the environmental center, location of EEL purchases, development of EEL property, and capital-related aspects. Commissioner Higgs outlined the item before the Board; stated it has always been understood there would be access to the EEL properties and staff would insure the properties are properly managed; and the positions are temporary with no vesting in the system.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to execute Section 319 Environmental Protection Agency Grant Contract, administered through Florida Department of Environmental Protection, for environmental projects at the Malabar Scrub Sanctuary.

Commissioner O?Brien compared the education program to the literacy program. Dr. DeFreese indicated there would be no need to hire an environmental educator. Chairman Cook read aloud the referendum ballot language. Discussion ensued on using volunteers.

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

The meeting recessed at 4:02 p.m. and reconvened at 4:15 p.m.

ACKNOWLEDGE, RE: TAX COLLECTOR?S PROPOSED FY 1996-97 BUDGET

Commissioner O?Brien inquired if the Board has ever requested the Tax Collector to lower his budget so he can return more to the General Fund; with Ms. Wall explaining the formula to establish the Tax Collector?s budget. Commissioner Higgs advised of the Board?s previous action to request the Constitutional Officers to cut their budgets. Discussion ensued on the Tax Collector?s budget. Commissioner Higgs suggested the Board send a letter to the Tax Collector requesting he reduce his budget in line with last year?s budget. Commissioner O?Brien stated he would like all Constitutional Officers to help.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to acknowledge the Tax Collector?s Proposed 1996-97 Budget; and direct the Chairman to send a letter to the Tax Collector requesting he reduce his budget to bring it in line with last year?s budget. Motion carried and ordered unanimously.

OPTION AGREEMENT FOR SALE AND PURCHASE WITH THE NATURE CONSERVANCY, RE: EEL PROGRAM LAND ACQUISITION OF BATCHELOR PROPERTY

Chairman Cook advised the City of Melbourne expressed concern about future public use of the property and it being kept in a natural condition; he is in favor of the purchase; and requested public access be guaranteed.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to authorize execution of an Agreement with The Nature Conservancy for 22.0 acres of waterfront property along Crane Creek with guaranteed public access.

Commissioner Ellis expressed concern about site improvements of a public works nature. Chairman Cook stated that will be a County decision. Commissioner Ellis advised of the possible necessity to use the Batchelor property for access to do the dredging.

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

APPROVAL, RE: WORKERS? COMPENSATION SETTLEMENT WITH JEAN LEWIS Chairman Cook advised of the original estimate; stated the person involved is no longer employed; and expressed concern that the settlement has increased as a result. Risk Management Director Gerry Jacobs advised in the current judicial environment the change in employment status would be a factor; there would be a good opportunity to convince the judge the claimant is permanently and totally disabled, which would have a current present value liability of $260,000; and it is in the best interest of the County to settle at this time for $50,000 including attorney?s fees. Discussion ensued on what was originally offered and the mediation process, and whether the claimants separation from employment was voluntary or involuntary.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve the negotiated settlement to the Workers? Compensation claim of Jean Lewis in the amount of $50,000 inclusive of her attorney?s fees. Motion carried and ordered; Commissioner Cook voted nay.

PUBLIC COMMENT - LEE BOYLAND, RE: BID #B-5-6-74

Lee Boyland, President of Allegra Printing Company, d/b/a American Speedy Printing Centers, protested award of Bid #B-5-6-74, Printing Services, based on procurement irregularities including allowing one bidder to amend the bid twice, stretching the definition of qualified bidder, reinterpreting the written instructions provided to bidders in Addendum 2 to justify canceling the procurement, and cancellation of the procurement rather than awarding it to legitimate low bidders. Mr. Boyland elaborated on each element of the protest. He requested the Board instruct staff to award contracts for each area to the qualified low bidders.

Vista Boyland, Co-owner of American Speedy Printing, advised of additional cost to the County involved in re-establishing the procurement; and inquired why was the procurement canceled. She provided further details of the protest, including the disadvantage to those companies which previously bid and obstruction in addressing the Board. She requested the Board consider the policy requirements on future procurements for printing; and advised of present policy. She advised the purpose of the bidding was to make the contract all inclusive for the entire year?s printing; noted the revised bid will not have a residency requirement; and recommended a limit on the amount of money going to Pride, Inc. She requested American Speedy Printing be given the opportunity to fulfill the contract that was verbally awarded to it.

Purchasing Manager Jo Malota advised the procurement has not been awarded although it was communicated verbally to all potential awardees and other bidders, and will come before the Board on September 10, 1996.

Chairman Cook inquired why is it coming back; with Ms. Malota advising of the vendors? concerns about the award of the bid. Assistant to County Manager Stockton Whitten explained the concerns of the vendors about other vendors and the concerns of staff about bid specifications; and advised the intent is to request permission to re-bid with revised specifications on September 10, 1996.

Chairman Cook expressed concern about the process. Commissioner Higgs requested on September 10, the Board discuss the concerns that have been expressed as well as the issue of re-bidding. County Manager Tom Jenkins advised Ms. Boyland was informed the item would be on the Agenda on September 10; and there may have been a misunderstanding, but there was no obstruction. Chairman Cook requested staff provide background material. Commissioner O?Brien expressed concern about the process. Staff advised the Board of the low bidders for each area of the County. Commissioner O?Brien expressed concern about the unfairness of having to re-bid when the previous bids are public documents.

Ms. Boyland advised the County Manager was provided with preliminary information. Mr. Boyland advised of irregularities in the address used by another vendor.

Chairman Cook requested the County Manager do a review of the bidding process for printing services, and report to the Board. Discussion ensued on the bidding process.

Ms. Boyland requested the entire file be made available to the vendors. Mr. Boyland noted there were legitimate bids for each area. Chairman Cook stated the County Manager will be happy to supply anything that is public record. Commissioner Scarborough requested all vendors be notified of the September 10, 1996 meeting.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 4:58 p.m.

MARK COOK, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

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