The Board of County Commissioners of Brevard County, Florida, met in regular session on March 7, 1995, at 9:00 a.m. in the Government Center Board Room, Building C, 2725 St. Johns Street, Melbourne, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Mark Cook, and Scott Ellis, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Reverend James Niemeyer of North Merritt Island United Methodist Church, Merritt Island, Florida. Reverend Niemeyer invited the Board to the grand opening of their church on Palm Sunday.

Commissioner Scarborough led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve the Minutes of December 6, 1994 Regular Meeting, December 13, 1994 Regular Meeting, January 3, 1995 Workshop and January 12, 1995 Special Meeting. Motion carried and ordered unanimously.

REPORT, RE: GRISSOM ROAD LITIGATION

County Attorney Scott Knox advised he and Assistant County Attorney Eden Bentley were in the 5th District Court of Appeals yesterday on the Grissom Road litigation, and they are of the opinion that things went very well and are hopeful of getting a reversal, but cannot predict what the court will do.

Chairman Higgs congratulated Shannon Wilson who was successful in court on Friday, and extended the Board's appreciation for the efforts of the County Attorney's Office.

APPOINTMENT, RE: PLANNING AND ZONING BOARD

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to appoint Michael G. Brooks, 1697 N. Carpenter Road, Titusville 32796, to replace Carlos Springfield as the Alternate on the Planning and Zoning Board, with term expiring December 31, 1995. Motion carried and ordered unanimously.

REPORT, RE: DECLARATORY JUDGMENT ON EELS PROGRAM

Commissioner Cook inquired if staff is moving forward with a request for a declaratory judgment on the EELS Program; with County Attorney Scott Knox responding yes.

ANNOUNCEMENT, RE: STONE LIBRARY

Chairman Higgs advised the Stone Library issue that was scheduled for this meeting will be heard Tuesday night, and the Board will not heard it today.

APPOINTMENTS, RE: DISTRICT 3 REPRESENTATIVES

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to appoint the following District 3 representatives:

Spessard Holland Golf Advisory Committee
Warren S. Olin, 218 Ash Avenue, Melbourne Beach 32951, replacing Bill Tufts with term expiring December 31, 1995.

Palm Bay Regional Park Advisory Committee
Sam Senne, P. O. Box 628, Grant 32949, with term expiring December 31, 1995.

South Mainland Library Advisory Board
Keith Nelson, 3743 Lakeview Drive, Micco 32976, to replace Ann Nelson with term expiring December 31, 1995.

Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH DEPARTMENT OF ENVIRONMENTAL PROTECTION AND WAIVER OF REQUIREMENT FOR COMPETITIVE SELECTION OF ARCHITECT, RE: HARRY T. MOORE CENTER PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Amendment to Agreement with Department of Environmental Protection to permit remaining grant funds to be utilized for the Harry T. Moore Center reconstruction project, and extend deadline to December 31, 1995; and waive the requirement for competitive selection of a new architect. Motion carried and ordered unanimously.

RESOLUTION SETTING PUBLIC HEARING, RE: VACATING DRAINAGE RIGHT-OF-WAY AND PUBLIC UTILITIES AND DRAINAGE EASEMENTS IN PINE LAKE RANCH - MICHAEL A. DiCHRISTOPHER

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution setting public hearing for April 4, 1995, to consider vacating drainage right-of-way and public utilities and drainage easements in Pine Lake Ranch, as petitioned by Michael A. DiChristopher. Motion carried and ordered unanimously.

CONTRACT WITH CLASSIC FIELDSTONE, RE: FIELDSTONE SUBDIVISION, PHASE II

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Contract with Classic Fieldstone, Ltd. for sidewalk improvements in Fieldstone Subdivision, Phase II, subject to not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

CONTRACT WITH SUNTREE PARTNERS, RE: WATERFORD POINTE, UNIT 1

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Contract with The Suntree Partners, guaranteeing sidewalk improvements in Waterford Pointe, Unit 1, subject to not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

CONTRACTS WITH LENNAR HOMES, INC., RE: COPPERFIELD, PHASES I AND II

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Contracts with Lennar Homes, Inc. guaranteeing infrastructure and sidewalk improvements in Copperfield, Phases I and II, subject to not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

CONTRACT WITH SUNTREE PARTNERS, RE: SABAL PALM ESTATES

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Contract with The Suntree Partners, guaranteeing infrastructure improvements in Sabal Palm Estates, subject to not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

CONTRACT MODIFICATION AGREEMENT WITH SPACE COAST MANAGEMENT SERVICES, INC., RE: RIVERSIDE LANDING SUBDIVISION

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Contract Modification Agreement with Space Coast Management Services, Inc. for sidewalk improvements in Riverside Landing Subdivision, subject to developer obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

AGREEMENT WITH ITT HARTFORD, RE: COMMUNITY SERVICE INSURANCE COVERAGE

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with ITT Hartford, represented by Sid Banack Insurance, for community service insurance coverage. Motion carried and ordered unanimously.

PURCHASE OF SERVICE AGREEMENT WITH EASTER SEALS SOCIETY OF EAST CENTRAL FLORIDA, INC., RE: SCAT SERVICE FOR VENTURES IN LIVING Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Purchase of Service Agreement with Easter Seals Society of East Central Florida, Inc. for SCAT transportation services for Ventures In Living Program from March 8, 1995 through September 30, 1995, at $35,000. Motion carried and ordered unanimously.

PERMISSION TO ADD PASS-THROUGH CLAUSE, RE: SPACE COAST MARINE INSTITUTE DEED

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to authorize the County Attorney to add a pass-through clause to the deed being prepared for land donated to Space Coast Marine Institute. Motion carried and ordered unanimously.

AGREEMENT WITH RICHARD STOMSKI, RE: CARETAKER AT SAND POINT PARK Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with Richard H. Stomski to provide security services at Sand Point Park from March 23, 1995 through March 31, 1996. Motion carried and ordered unanimously.

WAIVER OF MUSIC REGULATION, RE: COUNTRY MUSIC FESTIVAL AT F. BURTON SMITH PARK

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to waive provisions of Article IV, Festivals, to allow musical entertainment at a country music festival at F. Burton Smith Park on March 12, 1995, subject to the organizers obtaining general comprehensive liability insurance and providing adequate security, cleanup and crowd control. Motion carried and ordered unanimously.

WAIVER OF MUSIC REGULATION, RE: OLD FASHIONED AFTERNOON AT THE PARK AT FOX LAKE PARK

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to waive provisions of Article IV, Festivals, to allow musical entertainment at the Old Fashioned Afternoon at the Park at Fox Lake Park on March 25, 1995, subject to the organizers providing public liability insurance and obtaining state and local regulatory permits. Motion carried and ordered unanimously.

WAIVER OF MUSIC AND ALCOHOLIC BEVERAGE REGULATIONS, RE: VIETNAM VETERANS REUNION AT WICKHAM PARK

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to waive provisions of Article IV, Festivals, and Article V, Section 18-104(2), to allow musical entertainment and sale, possession, and/or donation of alcoholic beverages for the Eighth Annual Vietnam Veterans Reunion at Wickham Park from April 3 through 9, 1995, subject to the organizers obtaining all state and local regulatory permits, providing security, port-o-lets, traffic control and cleanup and obtaining comprehensive general liability insurance with liquor liability coverage. Motion carried and ordered unanimously.

WAIVER OF MUSIC AND ALCOHOLIC BEVERAGE REGULATIONS, RE: INDIAN RIVER FESTIVAL AT SAND POINT PARK

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to waive provisions of Article IV, Festivals and Article V, Section 18-104(2), to allow musical entertainment and sale, possession, and/or donation of alcoholic beverages for the Indian River Festival at Sand Point Park from April 27 through 30, 1995, subject to the organizers providing security, general comprehensive liability insurance with liquor liability, crowd control, and cleanup, and obtaining all state and local regulatory permits. Motion carried and ordered unanimously.

WAIVER OF MUSIC AND ALCOHOLIC BEVERAGE REGULATIONS, RE: BLUEGRASS FESTIVAL AT FOX LAKE PARK

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to waive provisions of Article IV, Festivals and Article V, Section 18-104(2), to allow musical entertainment and sale, possession, and/or donation of alcoholic beverages for the Bluegrass Festival at Fox Lake Park on March 18, 1995, subject to the organizers providing security, general comprehensive liability insurance with liquor liability, and obtaining all state and local regulatory permits. Motion carried and ordered unanimously.

GRANT AGREEMENT WITH DIVISION OF LIBRARY AND INFORMATION SERVICES, RE: FY 1995 PHYSICALLY HANDICAPPED-ACCESS EXPRESS GRANT

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with Division of Library and Information Services, providing for FY 1995 Physically Handicapped-Access Express Grant of $76,271, and approve Budget Change Request amending the budget to include the grant. Motion carried and ordered unanimously. (See pages for Agreement and Budget Change Request.)

ACCEPTANCE OF DONATION, RE: METAL SCULPTURE FOR CENTRAL BREVARD LIBRARY AND REFERENCE CENTER

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to accept donation of a metal sculpture from Brian M. Lally appraised at $1,400 in December, 1993, to be displayed at Central Brevard Library and Reference Center. Motion carried and ordered unanimously.

AMENDMENT TO MANATEE PROTECTION PLAN EDUCATION AD HOC COMMITTEE MEMBERSHIP, RE: NEW VOTING AT-LARGE MEMBER

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve an amendment to the Manatee Protection Plan's Education Ad Hoc Committee members to allow the addition of a new voting member as the Brevard County appointee at-large. Motion carried and ordered unanimously.

HOLD HARMLESS AGREEMENT WITH SCHOOL BOARD, RE: USE OF PARKING LOT AT DeLAURA JUNIOR HIGH SCHOOL

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Hold Harmless Agreement with School Board of Brevard County for use of parking lot at DeLaura Junior High School during the Spring 1995 Household Hazardous Waste Roundup on March 30, 1995. Motion carried and ordered unanimously.

AWARD OF BID #B-2-5-57, RE: AE 200H ASPHALT EMULSION

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to award Bid #B-2-5-57, AE 200H Asphalt Emulsion, to low and only bidder E. A. Mariani Asphalt Co. at $20,450. Motion carried and ordered unanimously.

AWARD OF BID #B-4-5-43, RE: RECREATIONAL SUPPLIES

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to award Bid #B-4-5-43, Recreational Supplies, to U.S. Games, Pyramid School Products, Braxton Recreation, Flaghouse, Inc., A-1 Trophy, Tennis Supply, Adolph Kiefer & Associates, and Zipp Sporting Goods for various items; and reject low line item bids for Items 13 through 20, 24, 29, 31, 49, 56, 62, 79, 81, 43, 73 and 77, and awarded those to second low and third low bidders. Motion carried and ordered unanimously.

AWARD OF BID #B-5-5-50, RE: GIBSON CENTER RE-ROOFING

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to accept withdrawal of low bid from Rinkus Construction & Roofing, Inc. for Part B, and All Florida Roofing & Home Improvements for Part C, and award Bid #B-5-5-50, Gibson Center Re-roofing, to second low bidder Caster Roofing at $28,917 for Parts B and C. Motion carried and ordered unanimously.

AWARD OF BID #B-5-5-53 AND AGREEMENT, RE: FORCE MAIN AND LIFT STATION FOR MANATEE HAMMOCK CAMPGROUND

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to award Bid #B-5-5-53, Force Main and Lift Station for Manatee Hammock Campground, to low bidder Prime Construction Group at $267,800; and authorize the Chairman to execute the Agreement with the contractor. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-3-4-21, RE: EMS PEN-BASED DATA COLLECTION SYSTEM

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to award Proposal #P-3-4-21, EMS Pen-based Data Collection System, to low proposer P-DOCS Group, Inc. at $163,900. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-4-4-25, RE: SYSTEMS FURNITURE

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to award Proposal #P-4-4-25, Systems Furniture, to American Business Interiors for Steelcase Systems furnishings as the primary source for all applications; ARCH Interiors, Inc. for Haworth System furnishings used as secondary source for only special applications requiring heavy electronic and computer use, for a period of 12 months with option to exercise a second 12-month period at an increase no greater than the CPI, subject to utilization of the secondary source requiring approval by the County Manager and sufficient justification. Motion carried and ordered unanimously.

AWARD OF QUOTE #Q-4-5-64, RE: TRACTOR FOR PARKS AND RECREATION SSS MAINTENANCE DIVISION

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to award Quote #Q-4-5-64, Tractor for Parks and Recreation South Service Sector Maintenance Division, to fourth low quoter Volusia Ford Tractor Co. at $26,320, and reject low quotes of Orlando Ford New Holland Berggren Equipment and Robinson Equipment Co. as they did not quote on the spreader/grader blade attachment and did not meet specifications. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 TO AGREEMENT WITH PAVCO CONSTRUCTION, INC., RE: NORTH BREVARD PUBLIC LIBRARY

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve Change Order No. 1 to Agreement with PAVCO Construction, Inc. for North Brevard Public Library project, for a credit of $16,480 due to City of Titusville's waiver of impact fees for city services. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 TO AGREEMENT WITH HEARD CONSTRUCTION, INC., RE: SCAT CENTRAL TRANSIT FACILITY MODIFICATIONS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve Change Order No. 1 to Agreement with Heard Construction, Inc. for SCAT Central Transit Facility Modifications, extending contract time for 24 days with no change in contract amount. Motion carried and ordered unanimously.

REMOVAL FROM INVENTORY AND AUTHORIZE SALE, RE: TANGIBLE PERSONAL PROPERTY

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve removal from inventory of County-owned tangible personal property declared not repairable, incompatible, or of little value to the County; approve sale to highest bidder with Central Services Supervisor determining if the highest bids are acceptable; and all items that do not receive bids be surplused in accordance with County Procedures. Motion carried and ordered unanimously.

ACCEPTANCE, RE: INVESTMENT ACTIVITY REPORT

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to accept Investment Activity Report as of January 31, 1995, prepared by the Finance Department. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to appoint/reappoint the following:

Manatee Protection Education Ad Hoc Committee
Walter Bradford Smith, 22 Olive Street, Cocoa 32922

Art in Public Places Advisory Committee
Janet Bonder, 11650 Point Drive, Merritt Island 32952, replacing Sandy Sevigny with term expiring November 13, 1996

Community Development Block Grant Advisory Board
Michael McDonald, P. O. Box 541442, Merritt Island 32954-1442 (reappointed)

Citizen Budget Review Committee
James Strickland, 1351 N. Courtenay Parkway, Merritt Island 32952, replacing Robert Chope

Merritt Island/Beaches Service Sector Advisory Board
James Strickland, 1351 N. Courtenay Parkway, Merritt Island 32952, replacing Stan Allen with term expiring March 23, 1997.

Palm Bay Regional Park Advisory Committee
Martin Hadley, 1479 Ashboro Circle, S.E. Palm Bay 32090, replacing Shawn Bancroft with term expiring December 31, 1995.

Motion carried and ordered unanimously.

PERSONAL APPEARANCE - HUMAN RESOURCES DIRECTOR FRANK ABBATE, RE: 1994 MANAGEMENT CERTIFICATION PROGRAM

Human Resources Director Frank Abbate recommended the Board recognize the candidates who participated in the 1994 Management Certification Training Program, attended eight out of ten workshops, and passed the exams. He named the workshops from Managing Cultural Diversity to Team Building, and the 65 candidates who successfully completed the program, those who took the examination and passed, and those who received a score of 90% or better.

The Board applauded the candidates for their outstanding achievement and thanked them for their efforts in improving their skills which will help them in their jobs.

Commissioner O'Brien inquired why there is no sexual harassment training; with Mr. Abbate responding it is included in the Affirmative Action Training which has 19 courses and is also covered in the hiring and equal employment classes.

Commissioner Ellis inquired if there is some way, when the Board considers the budget, to award those employees who finish with honors. He stated 227 attended and 7 finished with honors and they should have more than a certificate. Commissioner Cook stated if the Board is going to give an incentive, it should be given to all of them and not base performance on one test score. Commissioner Ellis stated he does not have a problem doing it for all who complete the course, but they must have a minimum passing score.

Chairman Higgs instructed the County Manager and Human Resources Director to review the potential item and give the Board alternatives on how it might reward those employees who excel in the Management Training or satisfactorily complete the examination.

PERSONAL APPEARANCE - SHIRLEY KING, OFFICIAL COURT REPORTERS, RE: HOLDING OF COURT REPORTER PAYMENTS FOR APPROVAL

Shirley King, owner of Official Court Reporters, advised when a court reporter finishes a transcript and turns it in, the County approves payment and Finance cuts the check and sends it to them immediately; but they were notified the Board decided to look at those and hold the checks and not have them sent out. She stated she talked to Commissioners Cook and Ellis about this and Commissioner Cook pointed out the Board meets three times a month, so it is not a problem for her if the Board gets those bills three times a month. She stated Finance told her the Board does not get the bills three times a month and they only turn them in once a month; and if a transcript bill is approved the day after the meeting, then she will not get a check for four weeks, and the reporter has been off the books for three or four weeks and would have to wait another three to four weeks for a check. Ms. King advised for an indigent person the County has to pay for his court costs; the judge approves it by giving them a direction to transcribe; the product itself cannot be added to, deleted, or in any way abused; when they turn it in, there are certain number of pages and they are verified by the Clerk and Finance Department; and at the point the Board gets them, they have been done and verified and ordered. She stated she would hate for the reporter to wait another three to four weeks for something the Board is going to approve any way; and inquired if there is some way they can ask Finance to submit the bills more frequently or divide the folder of bills for the Board.

Commissioner Cook advised he has a bill from King Reporting which was submitted to Finance on February 14, 1995, checked off by the Clerk's employee on February 17, 1995, and did not appear for approval until today. He stated between February 17 and today, there were three Board meetings; and he does not understand why they could not have gotten the bills and transfers to the Board at one of those meetings.

Finance Director Stephen Burdett advised the bills will be submitted three times as long as there are three regular meetings in a given month; however, they are also required to give seven or ten days notice as part of the agenda requirements; and if they do not have the bill and have it processed the day it goes to Administration, it will wait until the next bill folder. He stated it all depends on when the invoices are received by Finance; then they are audited and set on the Board's agenda.

Commissioner Cook advised it was approved by the Clerk's Office on February 17; after that the Board met on February 21, February 27, and March 2; and at any one of those meetings the Board could have approved the bills.

Chairman Higgs advised February 21 and 27 would have been too soon to make the public agenda. Commissioner Cook inquired why; with Chairman Higgs responding because all the information would have already gone from the Clerk's Office to Administration. Commissioner Cook stated there should be a way to expedite the process to get the bills paid sooner. Mr. Burdett stated the Clerk handles the courts and Finance; and what the judge awards is going to take time before they get it unless they start getting special treatment. He stated Ms. Callin has numerous things she has to approve; and inquired if Finance should top prioritize certain things and let others go by the wayside. Commissioner Cook advised Ms. Callin approved the bill on February 17, and it is March 7 before they get the bill to approve; the Board is only looking at bills over $1,000; and that is not too much to ask that the public expects the Board to review bills before they are paid. Commissioner Ellis advised the Board has reviewed witness fees and travel, etc., but what mechanism does it have to review court reporting fees. Commissioner Cook stated in this bills and transfers folder, there is no court reporting fee over $1,000 so they have already been paid by Finance; but when her fees are in excess of $1,000, it has to come to the Board for review before being paid. Commissioner Ellis inquired if it is based on a summation; with Commissioner Cook responding it does not appear to be this time.

Ms. King advised they have some very large bills sometimes reaching $5,000, $6,000 and $7,000. Commissioner Cook stated the last time it was $8,000. Ms. King advised when that happens, it means the court reporter may be off the books for six to eight weeks which means they have no income and are waiting for the money to come from the County which comes in a lump sum; and they would have to wait an extra three to four weeks because of this process. Commissioner Cook repeated there ought to be some way to expedite the process. Ms. King advised there is no room for abuse in the transcript bills because there is a hard product, an order to do it, an order to pay, and a statute that says the defendant is entitled to it; it is verified twice before it gets to the Board; so she does not know on what basis the Board would refuse to pay one of those bills. Commissioner Cook advised he does not know either, but none of the bills were questioned until a month ago, so he does not know under what circumstances that would happen; he knows there were some questionable bills, not from court reporters; and the public has a right to think, before they approve payment, that they made a cursory look at what they are paying.

Commissioner Ellis stated perhaps Finance could expedite the bills the Board has to approve that are over $1,000; and inquired if that would be possible to audit the large bills first; with Mr. Burdett responding in most cases the court reporter bills are going to be over $1,000; as Ms. King mentioned, most of their cases are over a period of time and they submit invoices at the end of the case; and if they are less than $1,000, it would be a relatively small case. Ms. King advised they get some small cases and anything less than $1,000 is considered a small case; and reiterated how she does not know on what basis the Board would disapprove a bill that has already gone through the process. She indicated a problem of explaining to court reporters after they put two months of their lives into a case with no income that the Board may refuse to pay the bill. Commissioner Ellis stated he had this discussion with attorneys; it is no different than the current system; the only difference is they get the check first and the County would have to ask for it back; and the Board always has the option to disapprove bills.

Chairman Higgs advised there is less than a 30-day turnaround in the payment of the bills from the time the invoice is submitted to the time it is paid. Ms. King stated 30 days is not unreasonable, but when they could have been paid four weeks earlier it is difficult to explain to the reporters to wait another four weeks for the Board to approve the bill after they have done the work.

Commissioner Cook stated he does not understand the additional four week wait; with Ms. King responding Ms. Callin informed her that the Board only approves bills once a month, but she does not know if that is true. Chairman Higgs stated Finance will submit bills three times a month and that should take care of it. Mr. Burdett stated there may be a problem with the two months during the year when there is only one regular Board meeting; and the Board may want to address something at that point. Ms. King indicated they would not have a problem if it is 30-day turnaround or less. Commissioner Ellis stated if in a few months it continues to be a problem, Ms. King should call the Commissioners and they will bring it back to the Board.

PERSONAL APPEARANCE - EARTHY SPAULDING, RE: AFRICAN AMERICAN MALE SUMMIT AND PARENTS SUMMIT-UP

Earthy Spaulding, Co-Chair of Central Planning Committee of the African American Male Summit and Parents Summit-up, advised there is a perception in Brevard County and the country about some of the communities; an article in the TODAY Newspaper on February 25, 1995 noted 7 and 13-year old boys charged in a crime spree; that is the perception she is talking about; and that is the general perception. She read excerpts from the article depicting one mother watching her baby being led out in shackles through a cloud of cigarette smoke as she stood on the porch of her government housing apartment in Cocoa and the other mother who wanted the authorities to keep her child and help him because he was out of hand. She stated what they will accomplish with the African American Male Summit and Parents Summit-up is identify solutions; solutions change perceptions and people; and they will offer something that will help solve problems and prevent future problems. Ms. Spaulding advised it is a one-day conference held on October 28, 1995 at Brevard Community College Cocoa Campus and several of its buildings; the purpose is to bring survival skills to African American males on one hand and using the knowledge that people already have. She stated in addition, the other parent track is to organize parents to act, organize neighborhood councils to do something to impact their communities; and requested the Board be involved in the solutions. She advised they have Brevard Community College, HRS District 7, Concerned African American Parents and Organization, Central Florida Legal Services, and Walt Disney World as co-sponsors; and requested the Board be a part of what they are going to achieve. She stated they are going to achieve a sense of inclusion, a sense of empowerment, education and skills as well as safety and support; and requested the Board be a co-sponsor of the event.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorize co-sponsoring the African American Male Summit and Parents Summit-up Conference; and direct the County Manager to coordinate transportation services and donate t-shirts.

Chairman Higgs inquired if the Board wants to consider the organization submitting a proposal with other nonprofit organizations for funding; with Commissioner Cook responding this is a one-time event. Ms. Spaulding advised they are a coalition of organizations; this will be the male summit and in six months they will begin organizing the female summit.

Commissioner Cook amended the motion to direct Community Services Assistant Manager Joan Madden to coordinate and determine if there is any other source of funding.

Chairman Higgs advised the motion is to co-sponsor the conference, work on transportation, check on T-shirts, and work with the organization to get a proposal in the cycle for funding consideration.

Commissioner Ellis inquired if the County has a trip fund for the transportation; with Chairman Higgs responding yes and if the County co-sponsors the event, it should qualify. Commissioner Ellis inquired if the proposal would go in with everyone else's proposal; with Chairman Higgs responding yes.

Ms. Spaulding asked the Board for a proclamation; with Chairman Higgs responding that can be handled easily, and asked Ms. Spaulding to work with Commissioner Cook or her office on the right language for the proclamation.

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

PUBLIC HEARING, RE: ORDINANCES ESTABLISHING CIVIL TRAFFIC INFRACTION HEARING OFFICER PROGRAM

Chairman Higgs called for the public hearing to consider ordinances establishing the Civil Traffic Infraction Hearing Officer Program.

Judge Preston Silvernail advised the County Attorney drafted the ordinance and submitted it to him; he and Court Administrator Mark VanBever made suggested changes to comply with Florida Statutes; and in the form before the Board, the Ordinance does comply with the law. He stated the advantages of the program are: (1) the time it will save officers and place officers on the street as opposed to travel to and from courthouses and waiting in courtrooms; and (2) save taxpayers funds in terms of travel time and expense for those officers because the hearings will be held in the municipalities where the infractions occurred or located convenient to the officers and citizens. Judge Silvernail advised he talked to the Police Chiefs organization and explained the program; one of the things he has been dealing with the Police Chiefs on is a way to save them time and money with officers traveling and waiting for hearings; and they are excited about the program and indicated they are anxious to get it on board. He stated he appreciates the Board's consideration of the program.

Chairman Higgs advised page 1 of the ordinance says, "All traffic infractions shall be heard by the traffic hearing officer. . ." which means they have to be unless transferred to a County judge; and inquired if it should be changed to "should" to allow flexibility. Judge Silvernail advised he is comfortable with "shall" because under the Florida Statutes they have the option to have the hearing held by a County judge, and "shall" will put more emphasis on having traffic hearing officers hear the matter who have much more expertise than individual County judges. Chairman Higgs advised she would like to provide the courts maximum flexibility to manage its caseload.

Commissioner Ellis stated if at some time there is no traffic hearing officer because one has not been hired or they are in the process of finding another one, something has to fill the gap. Judge Silvernail advised there is flexibility later in the ordinance providing options to deal with that.

Chairman Higgs advised she has concerns that IRS rules may not define a person as an independent contractor but as an employee; and inquired if anyone reviewed that; with Court Administrator Mark VanBever responding he looked at the requirements of independent contractor, and because the County will not be providing office space or equipment, not paying benefits, not providing for travel expense, etc. as it would an employee, it points towards an independent contractor relationship. Chairman Higgs inquired if the County Attorney is comfortable that it is an independent contractor as opposed to employee; with County Attorney Scott Knox responding it has to work its way out and see how it goes, but it is possible to do it as an independent contractor and ultimately that is the way it will turn out, but they have to monitor it and make sure they do not step over the bounds. Chairman Higgs suggested not specifying independent contractor in the ordinance and just say the hearing officer shall be appointed by the chief judge; with Judge Silvernail responding that is a good modification.

Commissioner Cook inquired if other counties have done this; with Judge Silvernail responding the state recognized the need to economize and the judicial branch decided there were things they should try out in other areas and passed a law enabling counties to take the project on in Dade, Hillsborough, Broward, Jacksonville/Duval. He stated they tried it and decided it was wonderful; so two years ago the Legislature made it available to other counties.

Commissioner Scarborough inquired about compensation for the hearing officers; with Judge Silvernail responding $35 an hour, and the program would consume about 60 hours a month. Commissioner Scarborough inquired how many officers are anticipated; with Judge Silvernail responding three or four maximum. Commissioner Scarborough inquired if the time could be more convenient to the public such as evenings and weekends; with Judge Silvernail responding they discussed night court with a few chiefs and everyone is against it because of the officers' time; they may be forced into it in the future; but at this time they are reluctant.

Commissioner Cook inquired if the program will be paid for from excess fees and forfeitures; with Judge Silvernail responding yes. Commissioner Cook inquired if no general funds will be used; with Mr. VanBever responding assuming unbudgeted excess fine and forfeiture fees will cover the cost of the program, there will be no impact on the General Fund. Commissioner Cook recommended before hiring four or five people, if it is going to impact the General Fund, no more people be hired than the fine and forfeiture fund can accommodate initially at least.

Chairman Higgs advised they are not hiring anyone because they will be independent contractors; with Judge Silvernail responding it will be executory-type contracts and they will be paid by the service they render. County Manager Tom Jenkins advised the budget has to be set up because they do not have money to spend currently. Mr. VanBever advised the budget would be $32,000 annually regardless of how many people are contracted.

Commissioner O'Brien stated he thought the program was to save money and not spend it; with Mr. VanBever responding they estimate $25,000 for hearing officers and a part-time court clerk which would be part of the Clerk's budget for support at the hearings, and all that would total $31,752 annually. Commissioner O'Brien inquired how much will be saved per year; with Judge Silvernail responding the savings ultimately is hard to compute because it involves over time and travel for officers; and the time it would take to do that would cost more than they would save.

Commissioner Ellis advised this program can avoid hiring another judge if they can reduce the work load of County judges.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Ordinances creating Chapter 106, Article IV, Sections 106-75 - 106-78, establishing a Civil Traffic Infraction Hearing Officer Program; providing funding necessary to operate the program; and placing implementation of the program under the supervision of the Chief Judge of the 18th Judicial Circuit; and Ordinance amending Chapter 106, Article II, Division 2, Parking Violations, Code of Ordinances of Brevard County, Florida; specifically amending Section 106-46 to refer violations of parking ordinance to the Civil Traffic Infraction Hearing Officer; amending Section 106-47 requiring citation provide notice that case will be before a traffic hearing officer unless violator files written request that case be assigned to County court; amending Section 106-48 mandating traffic hearing officer may hear parking violations and impose fines and court costs; amending Section 106-49 requiring municipalities to pass ordinances pursuant to Chapter 318, Florida Statutes, to participate in the Civil Traffic Infraction Hearing Officer Program; amending Section 106-50 authorizing traffic hearing officer to defer final judgment pending determination of registered owner of vehicle; amending Section 106-51 providing disbursement of fines, forfeitures and court costs received from parking violations; providing for severability; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN PINEY WOODS SUBDIVISION - BARBARA C. CLYBURN

Chairman Higgs called for the public hearing to consider a resolution vacating public utility easements in Piney Woods Subdivision, as petitioned by Barbara C. Clyburn. Engineering Director Susan Hann advised the vacating involves portions of a side easement and easement that runs between two lots; and there were no objections from staff or utility companies contacted. Attorney Robert Westman, representing the petitioner, advised two 40-foot lots were combined to make an 80-foot lot for a mobile home several years ago; the plat shows side lot easements on each side; and his client did not know the side lot easement existed. He suggested when building permits are applied for, the County check on it because the plat showed the easements, and the problem could have been corrected before the mobile home was put on the lots.

Commissioner O'Brien advised he looked at it and understands the problem; however, his concern is in the future, should the mobile home deteriorate or be moved and someone wants to subdivide the lot again, those easements will not be there.

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Cook, to adopt Resolution vacating public utility easements in Piney Woods Subdivision as petitioned by Barbara C. Clyburn. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: VESTED RIGHTS DETERMINATION FOR PROPOSED TREASURE LAGOON SUBDIVISION

Chairman Higgs called for the public hearing to consider vested rights for the proposed Treasure Lagoon Subdivision.

Planner II Todd Peetz advised the vested rights determination is for the proposed Treasure Lagoon Subdivision, located in Township 23, Range 36, Section 34, Parcels 4, 251 and 254, approximately 21 acres; staff recommended denial based on the reliance on his zoning action; however, the Local Planning Agency recommended approval.

Poul Heide, 440 Indian Bay Boulevard, Merritt Island, requested approval of the vested rights determination for the proposed Treasure Lagoon Subdivision as they have a Binding Development Plan Agreement with the County which was recorded in the Public Records for 1.48 units per acre; and explained the provisions and conditions of the Agreement. He stated on November 23, 1994, the rezoning request was granted with conditions; he spent approximately $10,000 on landscaping with native vegetation; and paragraph 9 of the Agreement states it will inure to his successors or assigns. Mr. Heide advised they have obeyed their part of the Agreement and requested the Board agree it is a valid Agreement. He stated they are not asking for more than what was already approved.

Commissioner Scarborough requested the County Attorney explain the recording of the binding development plan; with County Attorney Scott Knox responding the binding development plan was approved prior to the amendment of the Land Use Plan, and subsequently recorded by staff after the land use plan was changed; the binding development plan was recorded in the Public Records of Brevard County reflecting the ability for Mr. Heide to use his property at 1.48 units per acre, but the land use amendment reduced the density; however, Mr. Heide's testimony is he proceeded on the basis that he had a binding development plan that was recorded by the County after the amendment was changed. Commissioner Scarborough stated recording of the agreement does not negate the necessity to show acts of reliance; with Mr. Knox responding the recording of the agreement is an act on the part of the County which could trigger vested rights and can be relied on. Commissioner Scarborough advised Mr. Heide indicated he hired surveyors and other professional people to proceed but did not have bills or checks attached; and inquired if he had documentation; with Mr. Heide responding no, but he spent over $200,000 for engineering and submitting to the state agencies based on pre-application meetings with the County staff.

Commissioner O'Brien advised they have problems determining whether Mr. Heide has vested rights because one side says an application was not submitted nor fees paid for the proposed subdivision and at the same time Mr. Heide submitted $1,000 for his planning; everyone else has one unit per acre in the area, but the facts indicate he got it through before the change was made; however, when his property was zoned for 1.48 units per acre, he did not come forward in a timely manner to pay his fees, and the paperwork fell apart.

Commissioner Cook advised there is a recorded document; the applicant claims he acted in reliance on that document; and if that is the case, the Board has no choice but to grant him vested rights unless it wants to get into a legal battle.

Commissioner Ellis stated it is clearly a vested rights because they were in the hopper in November, 1992 and the down zoning was done in February, 1993. Commissioner O'Brien stated the problem was caused by Mr. Heide and not the County; however, he started the process before the zoning was changed.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to approve vested rights determination for the proposed Treasure Lagoon Subdivision.

Chairman Higgs advised zoning does not vest someone, but the County recorded the binding development plan after the Comprehensive Plan was amended; the preliminary plat and final engineering plans and appropriate fees were submitted which indicate the applicant acted in reliance of the binding development plan and its recording; and he showed significant expenditures, so she will support the motion.

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

RESOLUTION AND BOND DOCUMENTS, RE: INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR GRAYWATER INVESTMENTS, LTD. (METRETEK, INC.)

County Manager Tom Jenkins advised the Finance Committee met, Commissioner Ellis was in attendance, and they recommended approval. Chairman Higgs inquired if they had time to review all the documents; with Commissioner Ellis responding they had discussion on the bank and everyone felt comfortable with the arrangement on the bond. Finance Director Stephen Burdett advised this is not the first time the issue came before the Committee; they discussed it with Mr. Holley, the County's Financial Advisor, and they are satisfied with the way it is structured. Chairman Higgs inquired if it meets all the County's and Board's financial policies and criteria set forth in those policies; with Mr. Burdett responding yes and they established that in each industrial revenue bonds is a requirement of their bond counsel to insure and attest to the Board that they have complied with all requirements.

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to adopt Resolution authorizing the issuance, sale and delivery by the County of Brevard, Florida, of its Industrial Development Revenue Bonds (Graywater Investments, Ltd. Project) Series 1995, in an aggregate principal amount not to exceed $2,002,000 to acquire, construct, and equip manufacturing facilities which will be leased by Metretek, Inc.; pledging lease payments to secure payment of the principal of and interest on such bonds; providing for certain terms of such bonds; authorizing the sale of such bonds by negotiated sale; authorizing the execution of various documents, instruments, actions, and matters necessary for or pertaining to such bonds; appointing a bond trustee; and providing for an effective date. Motion carried and ordered unanimously.

The meeting recessed at 10:13 a.m. and reconvened at 10:28 a.m.

PERMISSION TO HOLD OUTSIDE MUSIC EVENTS, RE: GIZMO'S REEF DOCKSIDE

Sherri Otcenasek, 4255 N. Harbor City Boulevard, Melbourne, advised on April 13, 1993, the need for a noise ordinance was first addressed by the Board and the Ordinance adopted and officially filed on May 21, 1993; but the Ordinance has made little or no difference to those who live around Gizmo's. She stated since then there has been 59 disturbances reported and 5 written up in a case report; she and Mr. Leffler were asked to appear at an alternative dispute resolution hearing; the mediation took place October 6, 1994; Mr. Leffler agreed to cease all live entertainment during December, January, and February; however, on December 2, Gizmo's violated the mediation agreement by having live entertainment, and at 10:00 p.m. was served with a notice to appear. She stated on March 15, 1995, the State Attorney will prosecute one of the cases in a non-jury trial; the problems have been expensive and unbearable; and the managers at Gizmo's have no regard or respect for the neighbors. Ms. Otcenasek advised it is not their intention to close his doors for business; they encourage it and its success; but they want him to contain his music within his building at all times. She stated they strongly object to the festival permit being granted to Gizmo's; and Commander Robinson of the Sheriff's Department denied it because of the close proximity to neighbors as well as the number of complaints brought against the establishment.

Stephen Farrington, 4355 N. Harbor City Boulevard, Melbourne, advised until Gizmo's opened they did not have problems; the noise Ordinance was passed and took time to implement; and since then, Gizmo's has gone from annoyance to nuisance. He stated Black's Law Dictionary states, "A nuisance comprehends interference with the owners reasonable use and enjoyment of his property by means of smoke, odors, noise or vibration;" the music is so loud that he can close all his windows and put his air conditioner on and still hear it, interfering with his watching of television; and his plate glass windows vibrate from the base sounds. He stated if the permit is granted for one weekend, they may request continuation of the permit or another for a month; and the only time they have real problems is on the weekends. Mr. Farrington stated if the Board grants this permit, it will have to grant other establishments the same; and it will negate the Ordinance they worked so hard on. He stated as a procedural issue, all neighbors should be notified if an event is going to occur; the Zoning Division's procedure has a courtesy notice to all residents within 500 feet of an establishment requesting a variance or conditional use permit which is not the same; but there is a process whereby the residents know what is happening; and it was only by sheer chance they found out this request was on the Agenda. He stated they are opposed to the permit whether for one time or continuing; their quality of life has been degraded; the Sheriff had to come out Sunday because there was a band on the deck without a permit; and it violates their rights to quiet enjoyment.

Dale Howe, 4325 Harbor City Boulevard, Melbourne, advised he lives two doors down from Gizmo's and the letter from Mr. Farrington says everything he has to say. He stated he has lived there for 38 years; during that time there have been four or five different owners or renters; and they never had a problem with noise until Mr. Leffler owned it. He stated they are retired and want to enjoy their home, but Mr. Leffler is making it very difficult; he has never called the Sheriff; but since Mr. Leffler came along, they have called five times; and requested the Board deny the special permit and future permits. He presented a letter from Mr. and Mrs. Hanson which was partially read, objecting to the permit and noise of the live bands, advising of patrons of Gizmo's parking on their property, and thanking the Board for considering the welfare of the neighbors who live near Gizmo's.

Bill Eakin, 4225 N. Harbor City Boulevard, Melbourne, advised he has a business and has no desire to put anyone out of business; two days ago he lost a perspective buyer because it is intolerable; the Sheriff's Department had to respond 59 times which is costing money; and in the last seven years another establishment, the Hurricane Inn, has not had two complaints.

Commander Mike Robinson, Sheriff's Department South Precinct, advised after talking to Mr. Farrington and his initial refusal of the request for a special event permit, they collected historical data; in 1993, they received 43 calls for service at Gizmo's relating to noise complaints; in 1994 they received ten and made one arrest under the Noise Ordinance; and it has been a continual problem. He stated the amount of hours they have spent responding and documenting the incidents are excessive and keeps them from doing other pro-active enforcement; it is a nuisance to the neighborhood; and it takes a lot of resources to answer those complaints.

K. C. Leffler, 4263 N. Harbor City Boulevard, owner of Gizmo's Reef, advised Ms. Otcenasek failed to advised the Board she missed four hearings and the mediation hearing found in his favor, but it was altered after they called them back for a re-hearing that she finally showed up at. He stated they not only complain about noise, they send Code Enforcement to harass him with building inspections; they wrote letters to Department of Environmental Protection to stop his construction of a dock; and they constantly call the police even if it is not justified. He stated they were out there 43 times in 1993 with no arrests and 10 times in 1994 with one arrest; and that means there is a conspiracy to constantly harass him. Mr. Leffler stated he applied for the festival permit because of a request from 13 charities that he used to contribute to before the noise Ordinance went into effect; now those charities no longer have the community chest and he does not believe any of the people will support it or do fund raisers on their behalf, nor employ 27 people. He stated there are only 5 residences and 19 businesses in the mixed use district; Bill Eakin owns a bar on the street; Mr. Hanson does not live on the property which has a welding shop; and only his son is there during the day. Mr. Leffler advised he does not want to cause complications with his neighbors so he will withdraw the permit request and try to work things out; he will submit others in the future and hopes they do not have complications; he does not want to put the Board in a bind; but it is a mixed use area where the majority of the property is zoned BU-1. He noted he had no idea there was that much animosity.

Chairman Higgs advised since the applicant has withdrawn his request for a permit, there is no further action required of the Board.

Commissioner Ellis advised Court Alternatives should keep the Board informed on this case because according to the issue, it says on or about March 1, 1995, parties agreed to meet at a mutually agreeable time and place to review the efficacy of the music noise abatement referenced above.

Chairman Higgs instructed the County Manager to get a report to the Board in regard to the mediation with homeowners and Gizmo's.

STAFF REPORT, RE: WAIVER OR RELEASE OF CODE ENFORCEMENT LIEN ON TIMOTHY FLACK'S PROPERTY AT 1475 CANAVERAL COURT, MERRITT ISLAND

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to move Item V.E. up on the Agenda, Staff Report on Waiver or Release of Code Enforcement Lien on Timothy Flack's Property. Motion carried and ordered unanimously.

Commissioner O'Brien recommended the County Attorney advise the Board of the legalities regarding this item.

County Attorney Scott Knox advised this item came before the Board as a personal appearance, and there is no obligation on the part of the Board to hear it at all; there is an appeal pending from a Code Enforcement decision that affected Mr. Flack; he filed the appeal with the Circuit Court; and there is also a case pending in Circuit Court that the County filed against Mr. Flack in a judgment injunction prohibiting him from continuing the activities that he was conducting on his property. He stated since there are two pending cases involving Mr. Flack in Circuit Court, it may not be wise for the Board to be listening, talking, or discussing his situation.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, not to hear the waiver or release of Code Enforcement lien on Timothy Flack's property pursuant to the advice of counsel that there are cases pending involving Mr. Flack and anything said at this meeting can be held for or against the Board.

Commissioner Ellis stated if the Board does not hear this item based on legal counsel, he would like to discuss the issue of fine amounts and retroactive fines; and inquired what would be the format for that.

Commissioner O'Brien suggested people going through the Code Enforcement process have their hearing; the fine begin on the date of the hearing; defendant have a right of appeal to the Code Enforcement Board once he is in compliance; and if they want to appeal it further, it should go to the courts and not before this Board unless the Board is prepared to have its attorney, the defendant's attorney, and Code Enforcement Board's attorney with all the evidence from both sides, and hear the full case. He stated that is not the job of the Board, and that is why it established a Code Enforcement Board.

Commissioner Ellis recommended clearly defining the powers of the Code Enforcement Board to levy fines because he has a fundamental problem with retroactive fines which is an ex post facto law. He stated some fines are $500 a day and others $25 a day; and there are a lot of inconsistencies.

Commissioner Cook stated if Mr. Flack wants to address the Board, it should give him that opportunity; he is not sure whether the Board can actually prohibit hearing it; but if it is going to put it on the Code Enforcement Board, it needs to tighten up their procedures. He stated the fines are inconsistent, and from looking at the report on Mr. Flack's case, it seems the decision was made while he was out of the room; and inquired if that is legally binding.

Commissioner O'Brien advised he assigned his staff to investigate the case completely; Ms. Ford, Mr. Maxwell and he spent over 40 hours reviewing the whole case; and it boils down to a legal opinion of what he received. He stated Mr. Flack received his hearing within the confines of the law; they could not find any way for the Board to help him unless it changes the way Code Enforcement is operated; and other than that, the County Attorney has advised not to discuss this issue.

Timothy Flack, 1475 Canaveral Court, Merritt Island, advised he is here again to address the issue of his excessive fine; he was served with foreclosure notice on his home; and he has come to the Board again to ask what did he do. He stated he brought a car home that belonged to Coast To Coast Auto Sales; he may have washed and waxed that car and done minor repairs to it; and if he was not a car lot owner, a one-man operation that runs on a shoe string, it would not be a problem. He stated his ability to make a living has been taken away from him as a direct result of the excessive $15,000 fine plus interest; he has the actual reports of the Code Enforcement hearing with him; the Code officers found him guilty three times; and he has a stack of papers showing cases where he was found not in violation of anything. Mr. Flack stated he is involved in a vendetta; for some reason he has been alienated from his neighborhood; he has not done anything to those people; and he has testimony from the Code Enforcement that will back up what he is saying. Mr. Flack stated he is coming to the Board and throwing himself on its mercy because this could happen to them; his ability to make a living has been taken from him; he is guilty of bringing cars to his house, but when his neighbor changes his oil at his house, what is he guilty of; when his neighbor brings a commercial vehicle into the neighborhood and unloads his house full of furniture, what is he guilty of; lawn service that brings a commercial truck in and does business in the neighborhood, what is he guilty of; he is asking for his life; and it is a case for the County. He stated for Code Enforcement officer to show up at a house around 10:30 p.m. and stand in front of his house until 11:30 p.m. is a bit excessive. Mr. Flack advised the reason he was put in repeat violation was because he had a tire let go on the Interstate and had to come back to the house; he brought the trailer into the neighborhood, broke it down, pulled it in his driveway, and changed the tire; then he hooked the trailer back up and left; and that was the repeat violation. He stated he is not going to say he did not get disgusted and say things he should not have said; but with a stack of papers saying he did not do anything and a small stack saying he did, he needs help.

Mr. Knox advised the circuit court does not hand out temporary injunctions like candy, so there must have been some basis for the judge to do that; if Mr. Flack is interested in getting relief and wants to discuss things with the Board, perhaps dismissing his appeal of the Code Enforcement Board action would be appropriate; and that way the Board could discuss it freely without worrying about what ramifications its discussions may have.

Commissioner Cook inquired if Mr. Flack would have the opportunity to appeal to this Board for a reduction in the fine regardless of what happens on the court cases; with Mr. Knox responding the Board is vested with the authority to waive or release the fine which means it can reduce the fine; however, there is pending litigation going on; and it is better not to talk about it unless Mr. Flack wants to dismiss his case. Commissioner Cook advised the County Court does not have the same authority to retroactively fine repeat violators as the Code Board does; and he would like to find out why that Board is or whether it should be fining anyone retroactively.

Commissioner Scarborough advised historically the Board has seen very little of the Code Board's actions because it has gone to the courts; and only since the Board can release liens has it begun to see those items. He stated it is structured as a judicial procedure and should be appealed in a judicial process; they have an attorney; and if they disagree, they should go to the courts. He stated for this Board to undertake that task would require a great deal of review that could burden the Board time wise and sacrifice a process that is supposed to be judicial in nature; and if the Board is going to get into that posture, it would need to have the County Attorney represent it, an attorney represent staff and become some type of appellate board.

Mr. Knox stated the Board should think seriously about that before it gets into that posture; but if it decides it wants to go that route, the only way is to get involved in the situation after the time for appeal to the court has passed. He stated there is a 30-day period after the Code Enforcement Board takes action that the applicant has a chance to file an appeal; if he does not do that, he can come to the Board and ask for relief; and the Board needs to make it incumbent upon the applicant to come forward with the transcript of what happened at the Code Enforcement Board hearing so it has a record it can look at as an appellate body saying there were mitigating circumstances or there were no mitigating circumstances, and make decisions based on the record rather than go over the whole process again.

Chairman Higgs advised the motion is not to hear this issue today; and inquired if the Board can have a follow-up motion to ask the County Attorney to clarify the issues of the appeals and fines and what is driving the Code Enforcement Board's actions that bring the cases to this Board, and return with a report as an issue of policy and not a specific case; with Mr. Knox responding yes. She stated she supports the motion not to hear this issue today and have the County Attorney clarify the issues of how the Board can review these cases or have another group do it.

Commissioner Cook stated if the Board is going to shuffle off these cases to the Code Board, it needs to look at the process very closely and the parameters the Code Enforcement Board works under regarding retroactive fines, because that is alien to anything he believes in.

Commissioner Scarborough advised this Board did not create the Code Board concept; when the Florida Constitution was amended to do away with municipal courts, there was a need to create code boards; so the Florida Legislature created it with a judicial concept and kept the elected body out of the process to maintain the judicial process. He stated it is not a creature of this Board; the Board did not set the guidelines and parameters; but the concept was to replace the municipal courts, like the traffic infraction hearing officer, as a means to down load the court system so it would not be overwhelmed with these cases.

Chairman Higgs advised the County Attorney could provide the Board in writing, the options it could look at, what is required by Florida Statutes, and what options it has to deal with those cases.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to direct the County Attorney to provide additional information in writing on what is required by the Florida Statutes, and options the Board may have to deal with the Code Enforcement cases.

Commissioner Ellis stated he does not doubt there was a problem and violation, but the fine should have been assessed from the date of the hearing and not retroactively going back 30 days, because staff cannot prove there was a violation on each of those 30 days. He stated it should move forward and not backwards; and he has a problem with retroactive fines. Chairman Higgs advised the County Attorney the Board would like to have information on that issue.

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

DISCUSSION, RE: CURRENT PLANS FOR NEW JUSTICE CENTER

County Manager Tom Jenkins advised the cost projections for the new justice center indicate there will not be sufficient funds to include the Public Defender's building; and if the projections are accurate, it will be necessary to delete that part of the facility from the project. He stated based on that, staff attempted to identify a space allocation plan that would provide space for the Public Defender at the Government Center as well as utilize space in the six-story building in Titusville; they have proposed a number of steps to accomplish that; there are countless options that can be created from the information; and this is only one option staff put together. He stated they attempted to provide a location for the State Attorney and Public Defender in the Government Center that was as close as possible to the proposed justice center across the street to reduce travel time and walking distance, and provide space for anticipated additional assistant state attorneys that would be assigned to Brevard County, and so they would not be over-crowded before they get into the facility. Mr. Jenkins advised based on that, the building that seemed best suited for the State Attorney, Public Defender, Court Alternatives, and JASP is Building A which is the largest building and on the corner; staff proposes that building be converted for functions that support the justice center; and they prepared distribution of space for Buildings B, C, D and E, including relocation of Parks and Recreation and Public Safety from the Government Center to other locations, partial relocation of the Sheriff's Operation on the second floor of Building E, and retaining development and planning functions which service all areas of the County at the Government Center. He noted there is a close interface between development and planning functions, so they want to keep them in close proximity of each other. Mr. Jenkins advised the second part of the Plan is to take Parks and Recreation Department and some functions of the Sheriff from Building E, and relocating HRS Public Health Unit Administration into Merritt Island Service Complex which would bring that facility to 100% occupancy. He stated the third part of the scenario is to reassign the Human Services, Housing, Veterans Services, Health and Social Services, etc. that have high public contact functions, as well as the Public Safety Department, to the Rockledge Courthouse; Public Safety would be best served by being in a central location and the Rockledge Courthouse is relatively central. Mr. Jenkins advised they are proposing to move Management Services Department to the Government Complex-North in Titusville; that would put the building at 90% occupancy, leaving the remaining issue of use and disposal of the Melbourne Courthouse or Sarno Road facility. He stated the Board's current plan is to try and get a state appropriation for HRS to turn the courthouse into a health clinic; however, the prognosis for that appropriation is marginal at best. He stated they could squeeze everyone at Sarno into Melbourne Courthouse and try to sell the Sarno facility or the opposite and sell the Melbourne Courthouse; however, Sarno is in much better condition and more marketable because of its location and condition.

Construction Facilities Director Joseph Vislay advised normally they would anticipate 3 to 4% inflation on construction costs; however, what has happened in the industry and state is 12 to 15% inflation; and they shared articles from the Wall Street Journal and Engineering News Record that support those findings. He stated the impact of the unanticipated cost inflation on the justice center project caused the Public Defender building to be an add alternate right now; that will allow staff to build the justice center with the funds set aside for the project and the opportunity to evaluate the exact cost of the Public Defender building by receiving actual bids from the construction manager. Mr. Vislay advised the Change Order No. 1 establishes a guaranteed maximum price which is within the budgeted funds originally established at $15,946,000.

Mr. Jenkins advised he forgot to mention that a component of the plan also includes the feasibility of disposing of the Public Works compound on Wickham Road and returning the proceeds from that sale to the General Fund.

Commissioner Cook inquired if the Sheriff will retain a substation at Viera and holding cells; with Mr. Jenkins responding yes on the entire first floor of Building E.

Commissioner Ellis stated it is mostly a good plan, but he has a few questions; and inquired why the Sheriff's South Precinct cannot go to Sarno; with Mr. Jenkins responding it could, but the neighbors who live behind Sarno complained about the noise and activity late at night; and to make Sarno desirable for the Sheriff, they would have to move the fuel tank from the back to the side and provide expanded holding cells if the holding cells at Viera will not be used. Commissioner Cook stated there were numerous complaints about the Sheriff being at Sarno, but here is the opposite, and the people prefer his substation at Viera. Commissioner Ellis advised Building A is the same size as Buildings B and E combined; when he started this idea, the County was giving up Building B and the Public Defender would go to Building E; now there are people moving across the sidewalk; and inquired why not leave everyone where they are even if Engineering is combined with Public Works, because they do not all have to be in the same building. He stated that will save money; and if the Sheriff stays on one floor of Building E, there will be enough space to use Buildings B and E to fit the Public Defender and State Attorney. Commissioner Ellis stated a problem was having the State Attorney and Public Defender in the same building; and if they can split them in Buildings B and E, they would be in separate buildings. He stated he would hate to take everybody and move them out of Building A within the same complex. Mr. Jenkins advised it will be possible to put the Public Defender in numerous locations, but they were attempting to provide for growth space; what will eventually happen is the State Attorney will end up in two buildings because they do not have any building that will totally hold his entire operation over a period of time; so on the short term, they can squeeze the State Attorney in, but in a matter of time, they will have to split his operation into more than one building, and that was the driving consideration. Commissioner Ellis inquired if there are other agencies that can move to Titusville or Merritt Island; with Mr. Jenkins responding there are others, but it is a matter of having the space in one building; he is not suggesting they cannot find the space for the State Attorney when he needs it at the Government Center, the problem is having it in the same building because most of the buildings will be maxed out when he goes into them. Commissioner Ellis inquired what kind of space is the State Attorney coming from; with Mr. Jenkins responding from three locations in Titusville, Cocoa, and Melbourne. Commissioner Ellis inquired why is he coming from Titusville; with Mr. Jenkins responding because this will be the principal judicial facility and most of his staff would be here, so he wants to be here as well. Commissioner Ellis inquired why is the State Attorney on the fourth floor of the Titusville facility; with Mr. Jenkins responding to provide two units to support the courts that are in Titusville. Commissioner Ellis inquired about the modular office he is in now; with Mr. Jenkins responding he can stay there, but it is a considerable distance from the historic Courthouse. Commissioner Ellis inquired about moving other agencies to Titusville and Merritt Island if space for expansion is needed at the Government Center; with Mr. Jenkins responding they can find the space at the Government Center, but it will not be in one building; and that is the issue. Commissioner Ellis stated the County has reached a point where it has to say they are getting a whole building and will have to make due because what is going to happen if he gets to Building A and starts squeezing out whoever is there also. Mr. Jenkins advised Mr. Muller believes he can squeeze the State Attorney into one building, but it will be tight and have no growth space; so if the Board prefers, he can get into Building D as originally planned and not relocate other agencies to the extent proposed. Commissioner Ellis inquired about the size of Buildings B and E; with Mr. Muller responding Building E is 27,929 square feet departmental, Building D is 27,341 square feet departmental, and Building B is about 600 square feet less than Building E departmental, but Building E has holding cells. Commissioner Ellis advised the Public Defender will use less space, so he can be co-located with the Sheriff's South Precinct; the State Attorney will all be in Building D and Building C there are other agencies that need to be in the same courtyard but not in the same building; and the Board needs to get away from the same building concept because it is very expensive when they can walk out of one building into the next or use the phone. He stated he can understand if they move to Merritt Island or Titusville which are real moves, but to move across the sidewalk cannot justify the expense to accomplish that. Mr. Jenkins advised they can accommodate that.

Chairman Higgs advised the Change Order agreeing to delete the Public Defender facility or make it an alternative bid is the action needed to trigger other moves; the finalization of any utilization plan does not have to be made today; the Board needs to make a decision on the bid that goes out so they can continue to figure out how they are going to put people into spaces; but the action needed is to approve the Change Order to the Contract with Brown & Root.

Mr. Muller advised the Board needs to be aware that the State Attorney is currently undersized for his current needs in Titusville; and putting 6,000 square feet in the six-story building at this time will alleviate the current space crunch he has now. Commissioner Ellis stated staff said he was moving people to the Government Center; with Mr. Muller responding that is not until August, 1996; the modular in Titusville is exploding and he needs additional space now; and part of the plan was to provide the space quickly so he can move some staff out and make room for his day-to-day operation. He stated when the State Attorney moves to the Government Center, he can vacate the whole modular that he is in now. Commissioner Ellis inquired if he intends to move that many people here; with Mr. Muller responding yes.

Commissioner Scarborough advised he has a lot of questions on the whole thing, and recommended it be put on the Agenda for the next meeting so they can talk further about it because it is very comprehensive. Mr. Jenkins recommended 30 days to give staff time to look at it; with Commissioner Scarborough responding that is fine.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve Change Order No. 1 to Agreement with Brown and Root Building Co. providing for a guaranteed maximum price of $15,946,794 with deletion of the Public Defender's building. Motion carried and ordered unanimously.

Commissioner O'Brien stated this is an extremely complex issue to work out in a proper manner; and he would like to see a presentation besides papers that are difficult to read and comprehend, to have charts to see which is the best route to take. Commissioner Cook stated his concern is waiting 30 days when there are needs for the State Attorney and others that are immediate; so he would like to see it in two weeks if possible. Chairman Higgs inquired what is the State Attorney's immediate pressure; with Commissioner Cook responding he is out the door at his current facility. Chairman Higgs stated he is not going to get a solution to that until the justice center is built. Mr. Jenkins stated they need to do interior renovations to the Government Complex-North for the State Attorney. Commissioner Cook advised the more the County delays, the more his condition becomes critical; they keep putting things off for 30 days, but if two weeks is adequate, he is willing to address it in two weeks if that is enough time for staff to do the charts on who is moving where. He stated the plan is good, and Commissioner Ellis made good suggestions to incorporate; but since the plan is in motion, they should hear it at the next meeting. Mr. Jenkins advised he was concerned about having enough time to do it and if anyone wanted briefings prior to the meeting, but they will try to do it in two weeks.

Commissioner Scarborough stated staff can try to have it in two weeks, and if not, the Board can extend the time; he has another concern that was discussed in detail when the Board decided not to move the Clerk into the six-story building; and that is the wind speed issue. He stated it was his understanding they talked about 140 m.p.h. and the memo now discusses 100 m.p.h.; and he recalls the Board requested Mr. Muller to come back and indicate what would have to be done to the modulars to withstand winds of 140 m.p.h. Commissioner Cook stated he does not recall that, but the Board asked what wind speed the modulars could withstand, and he was surprised they were at the amount noted; so they are more structurally sound than he thought they were. Mr. Jenkins advised Parkway's gym was 100 m.p.h. and the modulars were higher. Commissioner Scarborough stated it is one thing to lose desks and chairs, but those buildings hold the public records; the Clerk is the custodian of those records; and the Board should not consider a minimal wind resistance. He stated he was told there are copies in a cave in Virginia, but he does not want to drive a truck to Virginia and tell them what happened in Brevard County. He inquired if it is wrong to ask for additional tie downs to get to 140 m.p.h. wind speed.

Commissioner Cook stated the idea on the documents is kind of a canard; all the back up is in Virginia; plus the gym is a sturdy place, as well as the evidence room that can experience wind loads that are incredible; so he is not sure if that is a legitimate issue, but has no problem looking at it if there are additional items the County can do to make them more secure.

Commissioner Ellis stated they took the records out of the courthouse in Melbourne and put them in the modulars. Commissioner Scarborough inquired if the Board is really protecting the records; with Commissioner Ellis responding there is adequate notice of a hurricane; and if the Board takes the jail, reroof it and seal it, the records at Parkway and Melbourne could be stored in the jail until the hurricane goes by. Commissioner Scarborough stated he was talking about the records on the Clerk's computer system; with Commissioner Ellis responding he thought the Board was talking about the criminal files and property records. Commissioner Scarborough inquired what would happen if the computer equipment is destroyed; with Commissioner Ellis responding everything is on disks and can be put back in.

Commissioner O'Brien inquired about the wind load for the Government Center; with Mr. Muller responding 140 m.p.h. was the design load for the buildings and windows. Commissioner O'Brien inquired if the buildings fall at 128 m.p.h., who would be sued; with Mr. Muller responding the designers.

Chairman Higgs advised she would like to have discussion on the advantages or disadvantages of moving the Sheriff's South Precinct.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to table the current plans for the new Justice Center for two weeks, with the option that if the plans are not ready, it will be put on the agenda for a later date. Motion carried and ordered unanimously.

DIRECTION, RE: DRAINAGE ISSUE OF NEW RESIDENCES IN ESTABLISHED NEIGHBORHOODS

Harry Fuller, 424 Dorset Drive, Cocoa Beach, representing Space Coast Builders Association, presented a handout to the Board; and stated the flooding problem is due to new houses being built higher than existing houses. He stated drainage is not a problem and never has been; there are a few isolated cases where drainage is a problem; and those can be solved by the County doing drainage re-work. He stated the big problem is the difference in elevations of houses adjacent to each other; he has been fighting that problem with Mr. Jenkins and Commissioners who have the problem in their Districts for the past year; and they do not think what is being recommended is a solution to the problem. Mr. Fuller advised taking no action would cause the problem to recur, more constituents complaining, and communities that are not aesthetically pleasing because houses will be up and down on the blocks; limiting maximum elevation of adjacent lots is a solution, but it is controlled by FAC 10.D-6, and the County cannot limit elevations; and that is why their recommendation will work. He stated their recommendation went to the Building and Construction Advisory Committee and did not pass because someone said it does not comply with Florida law: and that is false, but they voted it out. He requested the Board delay a decision and give them a few weeks to meet with Commissioners Scarborough and Ellis, explain the problem, and show why their recommendation complies with state law and will work. He stated if the Board thinks elevation is the problem, the world needs to know that because most of the industry does not want to talk about it and is afraid what may come out of it. He stated making it comply with state law will go a long way to solve the problem, but he wants to discuss it with Commissioners.

Commissioner Scarborough advised of problems west of I-95 where builders have not put enough fill on the back of the lots and slough areas formed in the back and where the County ruined people's properties by issuing building permits then allowing homes to be built three feet higher than adjacent homes so the septic systems would work. He stated since the County is the permitting agency, it is responsible for what happens when it tells a person to build according to the County's instructions then create new rules that destroy a permit issued 18 months before.

Commissioner Ellis stated the real problem is not siting septic tanks consistently; and inquired why are there five or six adjacent homes with septic tank elevations that vary by a few feet on quarter-acre lots. He stated Mr. Fuller recommended a way to make elevations consistent because that is the big problem; a site drainage plan may not be what is needed, but making elevations consistent throughout the subdivision; and recommended waiting until staff evaluates Mr. Fuller's recommendation that talks about leveling of the houses on the pads.

Commissioner Cook stated he has no problem waiting for more information and does not know if adding $500 or $700 for engineering is the right way to go either. He advised the city permitted a new subdivision in Rockledge which backs up to a County area which has four or five feet of water in their back yards; so the City permitted the development that affected the County area.

Chairman Higgs advised the Board has been talking about this for at least a year and she has a problem putting it off much longer. She recommended staff prepare an amendment to the Ordinance and get it to the Building and Construction Advisory Committee for its recommendation to get an action on this item.

County Manager Tom Jenkins advised Mr. Sims can respond why there is fluctuation in septic tank elevations which is 90% of the issue; and there is 10% where developers like to build higher to have the houses stand out which could cause the problem.

Larry Sims advised the major point is the County does not set the floor elevation, only the septic tank elevation; there is a correlation, but there are alternatives to the builder to keep elevation of the slab lower and meet the requirement of Chapter 10.D-6; they do not have leeway to interpret 10.D-6; and they try to cut it as close as they can, but sometimes the lots go in different elevations. He stated the builder often builds the house higher than staff asks them to and staff cannot forbid them from doing that; 25% of the septic tank permits are set by an engineer; many residences they looked at in Port St. John were set by private engineers and not the County; and the only time they question an engineer is if they think it is not what it should be. He stated they also question it if they set it higher than they think it should be, but they cannot force them to make a change to lower the elevation.

Chairman Higgs inquired if any staff was there when the Committee discussed Mr. Fuller's recommendation; with Building Official Paul Smith advising he was there; it is not exactly what was submitted to the Committee; David Wickham said it did not conform with 10.D-6; and the Committee was not interested in going that route because of the costs involved. He stated shooting elevations for a subdivision and having someone confirm that the house next door is only six inches higher than the adjacent property will have costs involved; so the Committee accepted what was given with the exception of Mr. Fuller. He stated he asked the Committee not to vote on it, but David Wickham and Roger Molitor said they could go along with it except the 25 year/24 hour storm event. Mr. Smith advised the consensus of the Committee was to go along with the recommendation, except for Mr. Fuller; and suggested Mr. Fuller's recommendation go back to the Committee and ask it to revisit the recommendation and put something in writing when they meet the first Wednesday in April.

Chairman Higgs inquired if the Committee did not accept staff's recommendation; with Mr. Smith responding he asked the Committee not to vote on it because the Board was going to be asked to direct staff to amend the Ordinance, and that would be presented back to the Committee for approval, but the consensus was it would go along with what the Board has.

Commissioner Ellis stated his appointee is a civil engineer and did not vote for it; with Mr. Smith responding he did not vote against it because they were asked not to vote; however, they voted against Mr. Fuller's recommendation due to the cost factor. Commissioner Ellis inquired why would they have to shoot elevations and not be able to look at the plans for the homes next door; with Mr. Smith responding some homes are 25 years old and the plans are in archives. Commissioner Ellis stated some homes in Port St. John were built a few years apart. Mr. Smith stated a fireman built an FHA house that drained his backyard because there were no other houses around and he did not want to disturb his trees; that lot should have been tilted to drain to a legal positive outfall and it did not; they let the backyard slope and other houses around him caused his yard to puddle; and he wanted the County to fix it. He stated staff's recommendation does exactly what the Board wants it to do; the County cannot tell him he cannot build more than six inches above his neighbor's house; and if it starts setting elevations, it will become liable and the property owner will come back to the County. Commissioner Ellis stated the County tells them what elevation to build when it sites the septic tanks; with Mr. Smith responding no it does not.

Surface Water Improvement Director Ron Jones advised there are five scenarios where the County gets involved in the permitting of those types of situations; the first is with respect to FEMA elevations which it has no ability to control; and it has an agreement with the federal government to set the minimum elevation if it involves a floodplain. He stated if there is an approved lot grading plan per an existing subdivision requirement which does not constitute most of those problems; third is others want to be higher; fourth, the County has a requirement for minimum floor elevations being ten inches above the crown of the road, but there is the ability to waive that in certain circumstances; and fifth, septic tank permitting, but the County does not specifically require any set finished floor elevation with regard to the septic tank permit. He stated under 10.D-6, there is a minimum elevation between the seasonal high water table and the bottom of the rock bed of the drain field; in order to achieve that elevation, the builder/homeowner has two options; he can elect to go with gravity drain system or pump system; the pump system involves construction of a small sump pump that pushes it up into an elevated mound drain field; but most people find that aesthetically unpleasing, so there is not a lot of those in the County. He stated that will allow them to achieve the septic tank permit requirement without adversely affecting adjacent properties or providing for a large amount of fill on the property. Mr. Jones advised under the gravity flow scenario, where the home builder/owner chooses or elects to go with the gravity drain system at the County's direction, he can either construct on a stem wall and provide nominal fill around the building for aesthetic purposes to achieve an elevation such that he can get a positive flow from their system into his drain field, or he can provide for filling. He stated the recommendations address primarily that option where the home builder/owner of the property elects to provide fill on the lot; if he provides fill, it does not require a sign and sealed engineering plan for every single family residential structure application; if he can get the water to a legal positive outfall such as a right-of-way, County-maintained system, natural creek, lake, or wetland system, or if he has some other arrangement in terms of legal positive outfall with a private easement and ditch system, the builder is required, as part of the recommendation, to submit a lot drainage plan that demonstrates that the builder has looked at the issues, is aware, made plans, and is responsible for providing for that positive drainage without adversely affecting adjacent properties. Mr. Jones advised in a few instances that occur, 10 to 15% of the time, there is not a legal positive outfall available; if the County is unable to provide for the legal positive outfall as part of the infrastructure that exists, at that time a registered engineer would probably be involved and it would be a lot grading and drainage plan with elevations and with an engineer of record involved in signing and sealing the plans. He stated the 25 year/24 hour retention requirements are exactly mimicking what a new subdivision requirement would be today; they are not in excess of that requirement; and basically what that provides for is when a new property is built on, additional runoff is created because they cover the pervious surface and create the additional runoff; it offsets the additional runoff and not block what historically went down the hill; and activities undertaken by the owner or contractor are basically what is driving those issues.

Commissioner Ellis inquired if Mr. Jones is saying all septic tanks in Port St. John were sited at the same elevation; with Mr. Jones responding he cannot speak specifically to that issue, but 10.D-6 has been modified; and the interpretation and setting of seasonal high water table elevations has varied dramatically over the years as a result of guidance from the state that affects not only septic tank permitting but also retention pond siting and design. He stated there are many systems that were designed as dry systems but are functioning as wet systems and have maintenance problems. Commissioner Cook inquired if that is a yes; with Mr. Jones responding yes. Commissioner Ellis inquired if the septic tanks are at different elevations because the state changed the way high seasonal water mark is sited; with Mr. Sims responding there were no adjustments for wet season water table in older homes and they did not have transits; there was not such a thing and there was no way to measure elevations; now they take into consideration the season water table that they see and adjust it to what they think it may be during the rainy season; and that may be the reason some of the homes are lower than the newer homes. Commissioner Ellis stated if there are four consecutive quarter-acre lots would he shoot a consistent septic tank elevation on all four lots; with Mr. Sims responding not necessarily because the water table can vary from lot to lot although normally it does not. Commissioner Ellis stated that is where he has a conflict because he cannot understand how four quarter-acre lots can vary 18 to 36 inches.

Commissioner Scarborough advised the Committee came up with language that to some extent is incorporated in the recommendation from staff; the only thing staff took and further defined was the surface runoff problem, but picked up the first sentence; Mr. Fuller's language deals with a total septic issue with uniform setting of septic tanks; and it appears the language suggested by staff should be in the ordinance and Mr. Fuller's language considered as part of a procedure. Mr. Jenkins advised the County could consider Mr. Fuller's language in terms of Consumer Health as long as it is not in conflict with 10.D-6.

Commissioner Ellis inquired if it is in conflict with 10.D-6; with Mr. Jones responding under 10.D-6, they require differential of two feet between seasonal high water table and bottom of the rock bed; the issue at this time is the County is not specifying what the finished floor elevation has to be unless it is in a flood zone; and if the finished floor is regulated by the County, in order to be consistent with Chapter 10.D-6, and in a large number of circumstances, it will force elevated mound systems, thereby taking the choice away from the property owners. Commissioner Ellis stated what Mr. Fuller presented does not address finished floor elevation; with Mr. Jones advising if two older homes with septic tank systems that were at a low elevation and were impacted at certain times of the year by the water table, what this would do is say there are two systems that are not functioning in accordance with 10.D-6 in force today, but the County will issue a permit to provide the same circumstance for the third house that lies between them. Commissioner Ellis stated that is not what this says.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to direct staff to draft an amendment to the Ordinance incorporating its recommendations and simultaneously work on Mr. Fuller's recommendations as a part of a procedure in siting septic tank elevations.

Chairman Higgs inquired if it can be scheduled with other LDR's in May; with Mr. Jenkins responding yes. Chairman Higgs called for a vote on the motion. Motion carried and ordered unanimously.

Commissioner O'Brien recommended staff get with Mr. Fuller and those who have opposite opinions and work out what is right. He stated there is no controversy, just two opposing ideas; and staff has one opinion and Mr. Fuller has another, but no one is able to come to a consensus.

The meeting recessed for lunch at 12:00 noon, and reconvened at 1:03 p.m.

DISCUSSION, RE: RELOCATION OF MERRITT ISLAND REDEVELOPMENT AGENCY

County Manager Tom Jenkins advised for legal reasons, staff needs to withdraw the relocation of Merritt Island Redevelopment Agency.

Chairman Higgs inquired why; with County Attorney Scott Knox responding the Board is trying to make a decision on whether MIRA should move out of the existing quarters that have an existing lease which is ongoing for another period of time; and he is uncomfortable doing that until he has a release from the landlord saying it is okay to do that, otherwise the County could be accused of intentionally interfering with their relationship with MIRA.

Commissioner Ellis inquired if the Board could make a commitment that it would hold that space open; with Mr. Knox responding yes, but in terms of negotiating the termination of the existing lease with the landlord, he would not get into that now until the landlord has agreed.

Commissioner Cook inquired if the Board could ask MIRA to look into that possibility with the landlord; with Mr. Knox responding yes.

Chairman Higgs inquired if Mr. Jenkins is asking that the item be withdrawn; with Mr. Jenkins responding yes based on legal counsel that it should not discuss breaking the lease, but it could discuss holding the space. Chairman Higgs inquired what is the pleasure of the Board; with Commissioner Cook responding it is not wrong to look into it. Commissioner O'Brien stated they have held Kiwanis Island Office for a while and Mr. Knox has given good legal advice the Board should follow. Motion by Commissioner O'Brien, seconded by Commissioner Cook, to remove Item VI.D.1, Relocation of Merritt Island Redevelopment Agency, from the Agenda. Motion carried and ordered unanimously.

DISCUSSION, RE: MERRITT ISLAND REDEVELOPMENT AGENCY

Bud Cantwell, Chairman of Merritt Island Redevelopment Agency (MIRA), 4265 Randon Lane, Merritt Island, advised there was concern about a lawsuit, but Mr. Easton has withdrawn it as of this morning; and he wants to recap the highlights of the history of the Agency since its inception in late 1989. He stated one of the first priorities was to accelerate the demolition of 12 vacant condemned buildings on SR 520 which had an immediate impact on drugs and prostitution activity in that area; during pre-construction and construction phase of the six-laning of SR 520, the Agency served as coordinator between FDOT and property owners, business owners, and the public; and numerous meetings were held to resolve questions and problems concerning the road project. He stated the Agency funded the upgrading of street lights, street signs, and traffic signals; in addition, reuse water mains were installed at critical intersections and crossing points; the landscape architectural firm was hired; and after a series of public meetings, a landscape plan was adopted for the corridor. Mr. Cantwell advised during that period, the Brevard County Veterans Memorial Center was completed; the Agency obtained the grants and administered the project; the eight-acre Waterway Park was constructed and dedicated; and over 1,200 trees have been planted by the Agency on SR 520, Sykes Creek Parkway, Merritt Avenue, and Bowman Drive. He stated the Agency has worked with landowners, developers, and entrepreneurs to open Home Depot, Wal-mart, Albertson's, Office Depot, Mike Irdman Toyota, Outback Restaurant, Applebee's, Chili's, Ruby Tuesdays, and expansion of A. J. Hiers Boniface Buick; and it is estimated those operations brought in excess of 1,000 jobs to Merritt Island. He advised there are currently a number of exciting projects under consideration for the redevelopment area; and all new projects conform to the stringent County and St. Johns River Water Management District requirements which have greatly reduced the runoff into the Indian River and Sykes Creek. Mr. Cantwell advised when the Agency was formed, they were funded by a $70,000 loan from the County; the loan has been repaid; subsequently, they obtained a $400,000 bond anticipation loan which has been repaid; and they are currently operating under a $3,000,000 line of credit of which they have drawn $1,180,000. He stated all payments are current and have been made on time; in a five-year period, the Agency obtained 11 grants totalling $1,443,000; in addition, there were private contributions of approximately $43,600; and everything has been accomplished with a two-person staff. Mr. Cantwell advised it is a record any political subdivision would be proud of; the Board has re-affirmed its support of its Executive Director by a vote of confidence at its January meeting; the Board feels, like many Commissioners do, that the office should be in the District or in the redevelopment area; and they feel they should have office space that gives the impression to developers, landowners, and citizens that they have a successful operation. He stated the location and staff give them the flexibility; they feel the need for a stable political environment; and at least one of their members does not feel that exists, so they lost a valuable Board member, Kevin Steele. He presented a copy of Mr. Steele's resignation letter to each Commissioner. Mr. Cantwell stated the questions that are being raised about the Agency seem to be misdirected; they seem to be directed at Mr. Easton when they should be directed to the Agency Board; and requested the discussion today be directed to the Board and not to individuals.

Kay Brown, 245 Nora Avenue, Merritt Island, advised she is a Board member of MIRA, lifelong resident of Merritt Island, business owner on Merritt Island, and advised she has a lot to do with her time so this is not something to fill empty hours; no one has come to her from District 2 Commissioner O'Brien's Office to ask anything about the Agency, the operation, or the Board to gather information or with any concerns; and if one wanted information, they should start with the people directly involved in a positive questioning manner to gain that information rather than jump in with hostile attitudes. She stated that is the way she feels they have been treated and hopes they can turn this around and answer questions in a positive way.

Larry Biener, 250 S. Sykes Creek Parkway, Merritt Island, President of Merritt Towers Condominium Association, Inc., advised the condominium is adjacent to Merritt Square Mall and consists of 224 units; on February 20, 1995, after learning that MIRA was under attack, they filled their clubhouse at a special meeting called to support Mr. Kurt Easton and his mission on Merritt Island; they are adamantly opposed to Mr. O'Brien's attempt to emasculate MIRA and are prepared to do everything within their power to prevent the blatant political takeover. He stated Mr. Easton is a fine public servant who has overwhelming support on Merritt Island; following the February 20th meeting, he wrote letters to Florida TODAY and Merritt Island Press expressing their dismay with the Commissioner's plans; subsequently, he has been stopped by many islanders who have indicated strong support for the Agency. Mr. Biener advised the reason for the strong support is not difficult to understand; in the six years on Merritt Island, Mr. Easton has accomplished more than anyone else in the last two decades; the many improvements are a testimony to his effectiveness; he widened SR 520, created several beautiful parks, landscaped the entire area with palms, trees and shrubs; and his efforts have energized the business community, attracting such new enterprises to the Island as Home Depot, Albertson's and Office Depot as well as four outstanding restaurants. He stated through Mr. Easton's efforts, hundreds of new jobs have been created at a time when job growth across the nation is extremely weak; Mr. Easton has plans to improve a number of other blighted areas on Merritt Island, including the northwest corner of Courtenay and SR 520 in the future, as well as the old Winn Dixie Shopping Plaza; he is a man of vision who deserves everyone's wholehearted support; he is articulate, well organized, and highly competent; and he has only one employee to assist him. Mr. Biener stated Commissioner O'Brien criticized his office which is located in a modest two-room suite at 775 East Merritt Island Causeway; Commissioner O'Brien's crusade to eliminate bureaucratic fat is ill-conceived when it is directed toward an Agency which has achieved so much and promises to accomplish much more in the future; Commissioner O'Brien's recent actions has called attention to himself; and he is sorry to report the reaction to his performance has been almost totally negative. He advised Merritt Islanders find it difficult to understand why a new Commissioner, a political novice, would attempt to undermine the work of an Agency which is so highly admired by the residents. He urged Commissioner O'Brien to listen to the citizens of Merritt Island and reconsider his position. He noted the test of Commissioner O'Brien's effectiveness as their representative will be his attitude toward Merritt Island; and requested the Board help them to continue to make Merritt Island grow and prosper.

Peggy Morgan, 2306 Mercer Drive, Cocoa, advised she is a previous Board member of MIRA and served most recently as its Vice Chairman; they had 17 different Board members and worked with 10 different Commissioners, two of whom were local, one Democrat and one Republican; and their efforts have always been characterized by a positive straightforward approach. She stated they developed a consensus in the corridor to get the work done; they are supported by businesses, the Chamber, and residents of Merritt Island; but that spirit of positiveness and cooperation ended when Commissioner O'Brien was elected. She stated it is a slap in the face to all the volunteers both on the Board and who worked to make the Agency and redevelopment corridor what it is today. Ms. Morgan advised a great deal was made about the time card incident; Commissioner O'Brien signed the time cards from November when he was elected and nothing was said whether or not it was appropriate or inappropriate for him to do that; since January 17 to February 16, Mr. Easton tried to meet with Commissioner O'Brien to brief him on the projects, and he refused to meet with them; however, on the last day of the pay period, when the time cards are due at 10:00 a.m., a FAX was received from Commissioner O'Brien's Office demanding the following information: names of all companies, businesses, or persons representing such businesses that contacted or were contacted by MIRA and/or Mr. Easton regarding such business relocating or locating on Merritt Island and what duties and activities he personally performed to assist them from January 28 to February 10, 1995, the time period covered by the period he is asked to sign for; the names of all local persons Mr. Easton met with or dealt with during the work hours referenced above, and the specific nature and subject and content of those meetings; avoid such generalizations as for public relations purposes only; and include members of the Press and MIRA Board and telephone numbers, calls, and written communication. She inquired how many Commissioners could provide that information in less than a day. Ms. Morgan advised Mr. Cantwell was out of town so the office contacted her to ask how they should respond to the memo; she was Vice Chairman at the time and suggested they send a FAX to Commissioner O'Brien stating Mr. Cantwell was out of town and would not be in town until next week which they did; then a second FAX was sent at 4:32 p.m. directing Mr. Easton to respond directly. She stated the time card was held on purpose so that Mr. Easton would not be paid and was not returned until after the point that he could have been paid; that may be a violation of the County Charter which specifically states that no Commissioner shall involve himself in the day-to-day operations and administration of the County; and she hopes the Board will consider those comments in the way they were meant.

Bob Heger, Real Estate Developer, advised this is an era of government reduction and tax savings and getting more bang for your bucks; he is in favor of that and that has been a laudable goal of Commissioner O'Brien and part of his platform; that is tremendous and he supports him on that; and he also supports the position of having an audit like a second opinion. He stated he worked with the Redevelopment Agency and Mr. Easton for over a year; he was attracted to Merritt Island from another county; and having worked with other redevelopment agencies, he was attracted to this Agency because of its unique, special effective relationship with the public sector, entrepreneurial sector, and government sector. Mr. Heger advised MIRA is a linkage to all of those, but at the same time is not a part of the total of any of those; that type of organizational structure enables it to be extremely effective, as he has experienced having worked with them for over a year; and he spent thousands of hours and tens of thousands of dollars so that when the project comes out of the ground it will have many new jobs and everyone will be proud to be associated with it. He stated to dismantle the Agency and replace the Director is not in the best interest of the Agency because it has a number of strengths as evidenced by what has manifested so far up and down SR 520 and elsewhere; and suggested the Board make no changes in the Agency at this time from a management advice point of view. He stated he would continue to monitor to see if the achievements they have demonstrated so far are a flash in the pan or if they are going to extend and expand or whatever; but the Board should give them the opportunity to extrapolate upon what they have done today which by everyone's admission has been an extreme success.

Stan Allen, 1255 W. Scots Avenue, Merritt Island, member of MIRA, advised it would be beneficial if they could get down to the specific issues that were raised in the memoranda from Commissioner O'Brien, and have discussions on solutions to those issues and concentrate on that. He stated they want a solution for the reporting and auditing requirements for the Agency; they have the enabling legislation where it speaks to reports, audits to the governing body, and to the Auditor General, and another place that speaks of activities reports; and they have a third reporting requirement because they are a dependent special district. He requested the Board and County Attorney give them some guidelines on interpreting the reporting requirements of the legislation and special district reporting requirements, with the first item being 163.356, 3.c. Mr. Allen advised a question was raised regarding the Agreement with the County for services; they had such an agreement prepared some time ago and submitted to the Board; it was removed by then Commissioner Andreas; and they are ready to submit it back on the Agenda for consideration if that is the proper approach. He stated a question was raised about the by-laws; the by-laws call for review every two years; they had not done that and will do that; and he has done it since the last meeting and find the by-laws do not require any great changes although he plans to recommend clarification of language as it now stands. Mr. Allen stated he does not know whether the restructuring is still an issue or not, but those are the issues they need help from the County Attorney on.

Sharon Ordonez, 225 S. Tropical Trail, Merritt Island, representing Post River Apartments as the Property Manager, stated she did not come with intentions of speaking, but she has been in the same room with Mr. Easton on several occasions, sometimes on the same side and sometimes not, but she was very impressed that the MIRA was present yesterday when she thought it would be a few businesses fighting one small issue they need to resolve. She stated he spoke up for an individual landowner who has been on Merritt Island for 30 years; and she was impressed that he would speak for someone like that. She stated she was in Orlando and involved with the Orlando Downtown Partnership; she knows how important it is to have an agency like MIRA in a city if they are going to be able to be successful; and coming back to Merritt Island she was very impressed by all the things that had been done in the community. Ms. Ordonez advised Post Properties does a lot of daily maintenance and capital improvements to its properties to offer their residents the finest quality; they are one of the leaders in the industry and feel MIRA holds the same quality and standards that her company does. She stated doing away with the Agency would be total detriment to all of Merritt Island; the restaurants and businesses have added opportunities for people who had to go to Melbourne or Orlando to do things; so it is nice to have them on Merritt Island. She stated any dime Mr. Easton is paid he definitely deserves because she has seen him earn every penny; and she dittos the comments from Merritt Towers.

Tom Norwood, 1131 Lake Harvey Woods Boulevard, Mims, advised he has been a lifelong resident of Merritt Island and still owns property there; he remembers when there was a wooden bridge going across and no SR 520; and seeing the tremendous growth and watching what MIRA has done for central Merritt Island and the surrounding area, he feels any action to move it off Merritt Island will cause a loss of a tremendous amount of its effectiveness. He stated if they have a problem on Merritt Island, they go to MIRA which goes over the idea; they go to the P&Z Board and go over the idea; then they come to the Commission which says whether they get it or not; and if MIRA is taken off Merritt Island and put at Viera, there will be a second layer of bureaucracy. Mr. Norwood advised MIRA is an autonomous board of sorts that uses the people on Merritt Island as a direct link of communication to this Board; and for that reason he agrees with the man who requested the Board maintain its status quo and see if it is going to expand and continue its mission, because it has been accomplishing its mission well within the assets it has available. He stated he does not like deviousness; the Commissioner has a place he has to defend on Merritt Island; he does not agree with him on this matter, but he understands his position; but MIRA needs to stay on Merritt Island and needs an executive director who is strong enough to see that things get done. He stated Kurt Easton has been doing that; and he can say that from his standpoint and from dealing with him.

Nan Myers, advised she is the only one who would not sell any of her property to the Redevelopment Agency; she is going to stay there as long as she lives and is going to be carried out in a coffin; but that is where she is going to live and nobody is going to buy it from her unless she knows more about that than she does about what she was offered. She stated she is with Commissioner O'Brien; everybody else seems to be against him but she is not; this is a democracy; and she does not know why they had to have the Agency in the first place and heard it was a brainstorm of other Commission members. She stated a lot of the new businesses have come to Merritt Island because it is a magnet; it has the Space Agency no one else in the world has that kind of attraction; and business is going to come with or without MIRA because Merritt Island is a magnet. Ms. Myers advised when business decides to relocate, they check out the area themselves and they will be here without benefit of the Redevelopment Agency; Merritt Island is the most desirable place to live in the world; it is a beautiful island and tourists come for the East Coast of Florida; and a lady friend who owned the Holiday Inn on Cocoa Beach sold it because she wanted to live on Merritt Island because Cocoa Beach is a resort area. She stated if there was no crime in Florida, they would be inundated with people. Ms. Myers stated they built a park at the end of the bridge that cost a lot of money for the amount of land that is used there; the EPA would not let them fill in any more land and that was unfortunate; and they should have let the County have some land because of all the expenditure that will go into the upkeep of it. She stated she went under the bridge a lot of times fishing; now officers have to go there at night and the taxpayers pay for them; and it is time for Commissioner O'Brien to speak and express his ideas.

Chairman Higgs asked the County Attorney to respond to the question of audit and reporting requirements of a dependent special district.

County Attorney Scott Knox advised the audit requirements require MIRA to submit annually to the governing body, which is the Board, and the Auditor General, an audit of their activities and financial status for that year; there are two different requirements; one is Chapter 163.356 and the other is 218.32; both require financial statements be submitted to the Auditor General and governing body; in addition, 163.356 requires a report on activities of the Agency during the previous year.

Commissioner O'Brien advised MIRA representatives came to his office and wanted to discuss some of its financial conditions; because of the initial conversations with MIRA, they looked at it and found MIRA was spending close to $115,000 for administration of $1,000 in capital improvements. He stated the majority of their work is actually for maintenance; MIRA is making a lot of claims about bringing in specific industry, but those stores and industries would have come there anyhow because SR 520 was being redone; and he suggested restructuring to save money and put it back into MIRA rather than spend it on administration. He stated he asked MIRA to move its office and save about $18,500 to $20,000 per year; they felt Mr. Easton needed accountability; the time card brought things to light, when Mr. Cantwell refused to explain what Mr. Easton's actions were for the last ten days; they did not ask for three or four months, but as for Mr. Easton to account for his time; and that was not done and was refused. Commissioner O'Brien advised he felt Mr. Easton should come under Mr. Jenkins' authority, but never once did he say abolish MIRA; that has never been said or proposed; and he does not want MIRA abolished because it is important to Merritt Island. He stated Mr. Easton changed the situation by suing the Board; those were not acts of a rational person, especially when he sued the Board before it had time to convene and resolve the situation; and suing the Board was an irrational act. He stated he asked for accounting, Mr. Easton sued demonstrating everything he has been talking about so far, because he sued, the situation with MIRA is out of hand; so he is going to make a motion to direct staff to research and prepare the necessary documents to obtain certain results.

Motion by Commissioner O'Brien, seconded for discussion by Commissioner Cook, to direct staff to research and prepare necessary documents to make the Board of County Commissioners the governing board of Merritt Island Redevelopment Agency (MIRA); make the existing Board of Directors an advisory board; maintain the membership requirement that directors either live, conduct business, or work in Merritt Island and serve at the will of the governing board; that MIRA continue to be financed through incremental taxes as it is now; and that the Agency staff become County employees and subject to the authority of the County Manager.

Commissioner Ellis inquired, since the Board has budget approval for MIRA, is that similar to being the governing board; with Commissioner O'Brien responding there is a big difference with a board of directors that has autonomy; they have not answered to this Board in years; they have not addressed the issues of their by-laws, legislation, or audit compliance until he started asking them why they have not done those things and obeyed the law; and after seven years they still have not done it. He indicated Mr. Allen did not know what the reporting requirements were after seven years, and is asking the Board what are the enabling legislation requirements; this has gone on far enough; and it has gotten out of hand. Mr. Allen advised they have been making reports and were advised the reports they make through the County meet the auditing requirements. Commissioner O'Brien advised MIRA has done a good job and he is not attacking its accomplishments; they have some very good accomplishments; whether or not they brought big businesses to Merritt Island is not the issue; and the issue before this Board is accountability. He stated they have refused to be accountable and even sued the Board rather than be accountable; and inquired what is the big secret about what Mr. Easton does. He stated he asked for accounting of Mr. Easton's time and never got it; MIRA has refused to be accountable to anyone; it has an extremely high rent, but nobody seems to care; and there is an extreme lack of information given to the Board of Directors. Commissioner O'Brien advised on zoning matters brought before the Board, there are no maps showing the adjoining zones; there is no discussion on how money is spent versus how little money the community receives in capital improvements; $12,000 to build an educational kiosk at J. C. Penney's at the mall and $2,500 a year rent for a kiosk that nobody can find is ridiculous; and there is no contract with the County for services which are rendered. He stated somebody stated earlier the contract was pulled by Ms. Andreas; his documentation of January 27, 1992 says "after reviewing the agreement, I have asked the County Attorney's office to investigate the issue of reimbursement for indirect costs;" and Eden Bentley expressed other concerns with the agreement that she wanted to discuss with MIRA's staff. He stated those things were done; it was not incumbent upon this Board to go back to MIRA and ask it if it wanted to make a deal; it was incumbent upon MIRA to follow the orders of the audit saying they must have a contract and put it back on the Agenda; but that was not done and has not been done in three years although they were told five years ago to do it. Commissioner O'Brien advised MIRA is not in compliance with its enabling legislation and has not been in compliance for seven years; it is not in compliance with its by-laws which are required to be reviewed every two years, but no one was interested in doing that; and MIRA is not part of the planning process to get money from EDA. He stated the big bucks are with the federal government, and that is why the Port, Brevard Community College, City of Titusville, and Space Coast Development Commission are all part of the OEDP process; yet MIRA is not part of that process and their sole mission is to fix blighted areas by getting federal grants. He stated the Board should take over and get MIRA back on the right road so the people on Merritt Island get their money's worth and get federal money to improve Merritt Island. He stated he does not feel MIRA is getting any where; it is spinning its wheels and will continue to spin its wheels; so it is time for this Board to take it over.

Commissioner Cook advised he has concerns about what procedures MIRA works under, such as the pay procedures; when Mr. Easton got a $5,000 bonus then a $5,000 increase for the next year, that is not in line with County policy on pay increases; under the current procedure, they could pay him anything they want to; but if it is somewhat a County agency, there should be some procedures and rules that are followed in concert with the rest of the County. He stated that is something the Board needs to pursue. He stated the Board asked for a state audit; and inquired if the letter has gone out or will go out; with County Manager Tom Jenkins responding it has gone out.

Commissioner Cook advised the audit is a great first step; hopefully the Auditor General will concur and come down and do the audit; then the Board can get more information about MIRA. He stated he is baffled about the audit done by the Clerk's Office in 1991 and the response from the Director that they would comply with that; somehow it got pulled off the Agenda; and none of the audit recommendations were adhered to. He stated they were valid audit criticisms and should have been addressed.

Commissioner Ellis inquired if it would be possible to have MIRA come into compliance with the audit over the next few months before the County actually assumes operation of MIRA. He stated he has not understood whether they are County employees or not; he had that question the last time because it seems nebulous; and if they are County employees, it would be logical to have Mr. Easton report to Mr. Lugar who does the Economic Development section of the County; so the Board has to determine if they are County employees or not. Mr. Knox advised based upon his research during the lawsuit that was pending, they are not County employees at this time; they probably could be if the Board decided to change the Ordinance and did not impair any contracts that exist; but right now they are not County employees. Commissioner Ellis stated they participate in the Florida Retirement System; with Mr. Knox responding they may participate in that system, but it does not mean they are County employees. He noted municipal employees do the same thing. Commissioner Ellis inquired what is MIRA; with Mr. Knox responding a sub-agency of the County that the County created; they are more or less a special district created by a County Ordinance. Commissioner Ellis inquired if time in service to MIRA contributes towards the same retirement system but they are not called County employees; with Mr. Knox responding they were set up that way originally, and Mr. Easton's contract includes provisions which MIRA has worked into the contract. He stated the contract is with MIRA and not with the Board of County Commissioners. Commissioner Ellis inquired if they could be County employees, report to Mr. Lugar, and still have an independent governing board; with Mr. Knox responding the Board could restructure it that way; the Ordinance sets up the structure for MIRA is it exists now; Mr. Easton is working under a contract that was set up under that structure; and if the Board changes the structure, the only thing it has to be concerned about is whether Mr. Easton's contract is somehow affected by that change. He stated the Board cannot do that if it is impairing his contract; it would need to have his agreement; and he is not sure what the answer to that would be. Commissioner Cook inquired if it is the contract with MIRA; with Mr. Knox responding yes. Commissioner Ellis inquired if Mr. Easton works under an employment contract with MIRA, but is not an employee of MIRA; with Mr. Easton responding he is under contract with MIRA on an annual review. Commissioner Ellis stated he has concerns about the Board of County Commissioners being the governing board; with Chairman Higgs responding she does also.

Chairman Higgs stated all the dependent and independent district relationships are very complicated; the Board discussed TICO Airport Authority, North Brevard Hospital, the Water Control District, etc.; but she is not comfortable pulling MIRA directly under Greg Lugar or Tom Jenkins. She stated she is willing to look at that, but the whole issue of what to do with accountability of dependent districts have not been satisfied; and it is not just MIRA, but all of the districts.

Commissioner Scarborough advised the Titusville City Council had a similar situation and became the redevelopment agency for downtown Titusville; however, he felt more comfortable making decisions for downtown Titusville while on City Council than he would in making decisions for Merritt Island because the level of knowledge and information is important in doing the job well. Commissioner O'Brien stated that is why the motion keeps the Board of Directors as an advisory board to this Board to keep it informed on which direction they want to travel. Commissioner Scarborough stated if he would rely on an advisory board to give him information, he would basically be rubber stamping whatever they give him, so why should they not be the decision-making body and not take his time from other issues to pretend he is doing a job. Commissioner O'Brien inquired if Commissioner Scarborough does that with Planning and Zoning issues; with Commissioner Scarborough responding no, he assumes his responsibility on all of that which is required by law.

Commissioner Cook stated he is concerned that there is not some County oversight with policies, personnel, etc.; the Board may not want to direct MIRA, but there should be some type of agreement; all districts have criteria they work under; there should not be a group of people appointed by the Board doing what it wants to; and there should be something in writing to make it stick. He stated working under the County may improve the relationship between the County and MIRA in the sense of giving more resources to the District to accomplish what it is trying to accomplish, because apparently they are just off on their own.

Commissioner Scarborough advised the Board ran into the same problem with TICO; the budget information provided was so inadequate and incomplete that the Board discontinued all ad valorem taxing; and subsequently, they came back with that information. He stated the Board did not discuss becoming involved with TICO; the dialogue was having it merge with the Port which has elected officials; but the Clerk's audits making sure budgets are in order, the efforts of the District 2 Commission office to oversee things within his District, and those types of things seem to be more prudent than this Board becoming the governing body at this time. He stated he would have to see a whole lot more improprieties before he would want to assume the responsibility of MIRA.

Chairman Higgs advised the Memorandum of Understanding needs to be considered; but she would hate to vote on something of this scope and would prefer to table it to the next meeting to allow everyone an opportunity to work on the issues involved and possible solutions, and the MIRA Board would also have a chance to look at it and get back to this Board at that meeting. She stated the Board faced other issues on accountability of dependent districts, how to do that, how to set up the mechanisms, and what is the right way to do it, and that would give everyone a chance to work on those issues. She stated she would entertain a motion to table.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to table discussion of Merritt Island Redevelopment Agency until the next regular meeting. Motion carried and ordered unanimously.

Commissioner Ellis advised he does not think the Board should be the governing board of MIRA, so perhaps it can also look at alternatives on how to set up the governing board; and reporting to the Commission is not going to work. He stated when the Board cut the money off TICO, he did not want to get into the job of supervising how they rent hangars, etc.; and the same is true with MIRA.

Commissioner Cook agreed with the request to the Auditor General for an audit, and stated the memorandum of understanding is essential because boards should not be operating without some sort of written agreement with the County if they are going to perform a County function.

Executive Director of Merritt Island Redevelopment Agency Kurt Easton stated he was hoping to discuss or answer some of the questions that were raised. Chairman Higgs advised she did not have a card from Mr. Easton, and the Board has concluded action on the item at this time. Commissioner Cook inquired if Mr. Easton can respond in writing; with Mr. Easton responding he has done quite a bit of responding in writing, and would like to discuss those issues. Commissioner Ellis inquired if Mr. Easton could write to the Commissioners or come by their offices; with Mr. Easton responding he would be happy to brief any and all of the Commissioners. Chairman Higgs allowed Mr. Easton to speak. Mr. Easton advised a lot of the issues are valid; he agrees with some of the points that Commissioner O'Brien made; the memorandum of agreement is coming back to the MIRA Board at its next meeting for re-submittal to the County; but either way, they have been operating under the same description of what is going in here. He stated the audit of 1991 said they had very strong internal control as it relates to County policies and procedures because the County was basically who they were working through; so there is nothing really going on; and they will be happy to re-submit the agreement which they agreed to ever since 1991.

Chairman Higgs advised the issue will come back to the Board in two weeks at its next regular meeting; the MIRA Board will have an opportunity to look at those issues and meet with Commissioner O'Brien to work the issues along with staff; and hopefully they can all come back and resolve some of those and define better ways to operate.

Ms. Morgan requested an evening meeting to discuss MIRA. Chairman Higgs recommended the April 11, 1995 evening regular meeting.

Mr. Cantwell inquired what the issues are; with Chairman Higgs responding accountability, audit compliance from 1991, and the memorandum of understanding are the issues. Commissioner Cook stated adhering to policies the County has set up on personnel should be addressed. Chairman Higgs advised Mr. Cantwell they could call the Commissioners for further clarification.

Commissioner O'Brien advised Mr. Easton calls the individual MIRA Board members quite often concerning MIRA problems or policies; and inquired if he discussed the ideas of individual Board members with other Board members, or told one Board member what another Board member was thinking; with Mr. Easton responding no. He stated he has described issues to the Board members to get their input on administrative matters when it counts for him to have an understanding of where his Board is coming from on something that is generally left up to the Executive Director's discretion. He stated in accordance with the new Charter policies, the County Manager handles the daily administrative affairs; he could proceed on many matters on his own as the administrative officer of MIRA, but as a policy, he prefers to inform his Board by telephone and make sure that the things he is doing are in concurrence with their general directions; however, he does not share information between one Board member and another.

PERMISSION TO AMEND AND ADVERTISE PUBLIC HEARING, RE: OCCUPATIONAL LICENSE ORDINANCE

Commissioner Ellis advised occupational license fees should be the cost of keeping records of occupational license and should not be a source of revenue for the County to tax somebody's way to make a living. He stated what is before the Board not only continues to make a profit, but increases that profit another $187,000 to help fund EDC; and it is not proper to tax all businesses to support EDC. He stated if a person has a city license, he or she should not have to obtain a County license; and there should be a flat rate for all occupational licenses. Commissioner Ellis advised there are a few people who handle licenses plus a file room or administrative area; that is the cost and what should be reflected; and whether they are big or small companies, they should pay the same fee because it costs the same to keep the records of licenses. He stated there is no reason for progressive licensing costs since there is no progressive cost to keep those licenses on file; to increase the fees for more money is wrong; the cost should be limited to the cost of keeping the files; and if they live in the city they should not have to buy a County license.

Commissioner O'Brien stated he agrees with Commissioner Ellis, and those who have businesses in the unincorporated area would be the only ones to buy a County license and eliminate separate city/county licensing.

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to amend the Occupational License Ordinance to provide that County licenses be applicable only if the place of business is in the unincorporated areas, and if the business is in the incorporated areas, they are not required to have a County license.

Commissioner Scarborough stated he will vote for that motion because businesses pay out for a multitude of things, solicitations, etc.

Chairman Higgs advised she has done the same thing since 1980 and paid for both licenses; as a business person she recouped some benefit from County services; so she will support the Equity Study Committee's report and not the motion.

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

Commissioner Ellis advised, since each occupational license costs the County the same to keep the records, the Board should direct staff to look at a flat rate per license rather than a sliding scale.

Budget Director Kathy Wall advised the cost depends on what information is needed such as square footage, number of employees, etc. which takes considerable time for different businesses. Commissioner Ellis inquired if that information is provided by the business owner; with Ms. Wall responding yes. Commissioner Ellis inquired if it includes the fee for vending machines; with Ms. Wall responding the fee she calculated was to maintain the license roll which would be approximately $15.00 per license for the unincorporated area. Commissioner Ellis inquired about 90 cents per machine for Laundromats; with Ms. Wall responding she estimated the number of licenses in the unincorporated area and divided that by the charge levied by the Tax Collector.

Commissioner Cook suggested a $15 flat fee to simplify the process and address individual businesses later. Commissioner Ellis stated the flat rate should be a little higher than $15.00. County Manager Tom Jenkins inquired if the Board wishes to keep the small ones or have a flat rate for the vendor; with Commissioner Ellis responding one fee for all machines is fine with him.

Chairman Higgs stated it would be fundamentally unfair for Harris making a billion dollars a year and her business making much less paying the same cost for a license. Commissioner Ellis stated progressive taxation is unfair. He stated if he makes $50,000 and his neighbor makes $10,000, they both pay $7.00 a month to have their garbage collected; and maintaining the file on occupational licenses is a service and not a tax.

Commissioner Cook stated it is easier to have a flat rate without doing all the calculations; small business persons would not think $15.00 is unreasonable especially since they would not have to buy a city and County license; so it is a good way to move and would not be a hardship.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to approve a flat rate for occupational licenses in the unincorporated area of Brevard County.

Commissioner Scarborough advised there were investigations and tests for astrologists to make sure they were legitimate; and inquired if there will be additional costs for special occupations; with Mr. Jenkins responding he is not aware of any, and the additional investigations for astrologists were discontinued.

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

Chairman Higgs inquired how much would the flat rate be; with Commissioner Cook responding the original fee was $15.00 so the Board could go with that. Commissioner Ellis indicated $25.00. Mr. Jenkins advised if it is established at $15.00 and does not generate enough money, the Board will be subsidizing the cost of collection from the General Fund.

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to establish a flat rate for occupational licenses at $18.00. Motion carried and ordered; Commissioner Higgs voted nay.

Mr. Jenkins advised the changes will require an ordinance amendment that will come back to the Board. Chairman Higgs recommended staff calculate what it is going to cost and let the Board know. Management Services Director Michael Managan inquired if the calculation is only for the unincorporated area; with Chairman Higgs responding yes. Commissioner Cook stated if the cost is less than $18.00, the Board should be advised of that also.

DISCUSSION, RE: INDOOR AIR QUALITY AT GOVERNMENT CENTER

Chairman Higgs advised staff is requesting direction on the indoor air quality issue; three bids were received; and inquired if the Board wants to do something with it.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to award Quote for Indoor Air Quality testing at the Government Center to Grove Scientific at $6,000 for 53 air samples consisting of 48 inside and 5 outside, and up to 9 bulk samples.

Commissioner Ellis inquired if it is for all buildings; with Facilities Management Director Hugh Muller responding for four buildings, but they could take 48 inside five buildings 10 in four and 8 in one. Commissioner Ellis stated four buildings is fine.

Commissioner O'Brien inquired why is the County spending money on a non-problem; the air quality issue came out fine engineering wise; and inquired what will be accomplished for $6,000.

Commissioner Scarborough advised when they did the original tests, the humidity levels were such that they could get microbial growth; changes were made to the system and humidity levels dropped; some reports came back that although they brought the humidity levels down, it does not cause the death of microbial growth and would not eliminate it; so the question is was there any microbial growth to begin with, and is there any cleansing or additional monies that need to be spent. He stated $6,000 will tell the Board if the job is finished or if it has to spend additional monies, and if there is no problem, the employees will find the Board acted responsibly.

Commissioner Cook inquired if there are occupant complaints being generated; with Mr. Muller responding he is not aware of any. Mr. Managan advised the Board's recommendation to CH2M Hill was to create a more viable occupant complaint system. Commissioner Cook inquired if the Board should wait until that is instituted; with Commissioner Scarborough responding this issue has been around for almost two years; the microbial growth that can occur in that environment may be a problem; and the Board has yet to answer that question. He stated it would be nice to find something out.

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

ACCEPT STAFF REPORT AND PROVIDE DIRECTION, RE: USE OF CERTIFIED MAIL FOR COURTESY NOTICES

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to direct staff to utilize post cards for courtesy notices.

Commissioner O'Brien recommended the motion be amended to include that the language of the post card be no higher than 4th grade level, be extremely simple, direct, and to the point, and that the radius for courtesy notices be increased from 500 feet to 1,000 feet.

Chairman Higgs inquired if it will require an amendment to an ordinance to expand to 1,000 feet; with Planning and Zoning Director Peggy Busacca responding she is not certain, but if it does, staff will bring it back to the Board.

County Attorney Scott Knox recommended the Board include courtesy notice on the post card so it is not boxed in to having to provide notice.

Commissioner Scarborough stated signs posted on sites for rezoning are difficult to find; ads in newspapers are worthless, and this is the only notice that is effective. He stated he would like to see certified mail but there is no support for it. Commissioner O'Brien stated it is too expensive. Commissioner Scarborough stated this country has the most expensive form of government to operate but it is doing well and totalitarian governments are failing; so a few cents for a certified letter is money well spent. Commissioner Cook stated he would support certified mail. Commissioner O'Brien stated people tend to read a post card and not open a letter.

Chairman Higgs advised the motion is to approve Option 3 and expand the radius to 1,000 feet; and called for a vote on the motion. Motion carried and ordered unanimously.

RESOLUTION SETTING PUBLIC HEARING, RE: VACATING RIGHT-OF-WAY IN BRYAN AND CARLILE RESUBDIVISION - ELBERT AND JUDY BURNS AND PHILIP HUCKABEE

Motion by Commissioner Cook, seconded by Commissioner Ellis, to adopt Resolution setting public hearing for April 11, 1995, to consider vacating a right-of-way in Bryan and Carlile Resubdivision as petitioned by Elbert C. and Judy Burns and Philip T. Huckabee. Motion carried and ordered unanimously.

RESOLUTION, RE: APPOINTMENT OF BEACH EROSION ADVISORY COMMITTEE

Chairman Higgs advised historically the Beach Erosion Committee appointments have been made by the Board as opposed to individual Commissioners making the appointments; she is happy to have Bea Fowler serve and do not wish to change it; but the next time there is a vacancy, it should come to the Board for a full Board appointment.

Commissioner O'Brien advised he did not know it was an at-large appointment.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to adopt Resolution updating the membership of the Beach Erosion Advisory Committee. Motion carried and ordered unanimously. The meeting recessed at 2:34 p.m. and reconvened at 2:47 p.m.

MEMBERSHIP, RE: GUN DISCHARGE TASK FORCE

Graydon Corn, 3690 Aurantia Road, Mims, advised the NRA will not participate as a member of the Task Force because all gun control is retained by the state; Commissioner Scarborough told him the ordinance was scrubbed and the group was going to look at how the present laws can keep people from trespassing on private property; the Board is given three options; and the only viable option is to disband the study.

Commissioner Scarborough advised he understood the Board wanted to see why the ordinances were not working; people were at risk; and he thought that was the charge for the Task Force. He stated there is a need for people who are interested in seeing the ordinance enforced and their health and safety protected, and people who are interested in safe gun usage, to meet and affect those items.

Chairman Higgs inquired if the Board desires to continue the Task Force to debate the issue of gun discharge limited to voluntary or incentive type solutions that would assist the Board in reducing or eliminating the incidents of gun discharge in the community. Commissioner Scarborough stated what the ordinances currently have, how they work, and what could be done to make them work if they are not working within the current laws.

Commissioner Ellis stated he supports Option 2 also; the report will probably come back and show a need to post private property that is being used as gun ranges by people who do not own the properties; and then the Sheriff can arrest them as trespassers if they are out there again.

Commissioner Cook stated as long as the direction include that there will be no ordinance he can go along with that; there are laws against firearms in occupied buildings and residential areas, and all that, but if it is only voluntary to persuade people or educate people in the use of firearms, he has no problem with it.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to continue the Task Force and direct that the debate of the issue of gun discharge be limited to voluntary or incentive type solutions that would assist the Board in reducing or eliminating the incidents of gun discharge in the community; and ask the NRA if they wish to participate and inform them the Task Force would not be discussing new ordinances or new laws, but how the current laws can be enforced to protect human safety and property.

Commissioner Cook inquired if this will accomplish anything if they meet and ask for voluntary compliance; with Commissioner Ellis responding experienced people may find out where the homeowners' complaints are at, and posting the property may be a solution. Commissioner Cook inquired if that should be up to the owner; with Commissioner Ellis responding it would be difficult if it is an absentee owner. Commissioner Scarborough stated it has been a problem for a long time; there were cases of people having rounds fired into their homes, breaking windows and glass, and they could have been killed; it may not have been intentional, but they are discharging firearms close to residential areas; and bringing the interest groups together would not hurt.

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

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to appoint Arthur Chavonelle III as the new representative of the Port Malabar Rifle & Pistol Club on the Gun Discharge Task Force. Motion carried and ordered unanimously.

EXTENSION, RE: REPORT ON WETLAND COMPREHENSIVE PLAN POLICIES

Motion by Commissioner Ellis, seconded by Commissioner Cook, to extend the period given to the Natural Resources Management Division to provide a report on amending the Comprehensive Plan Policies dealing with wetlands until March 21, 1995. Motion carried and ordered unanimously.

PRELIMINARY PLAT APPROVAL, RE: WINDSOR SUBDIVISION

Hugh Evans, Jr., 3333 Gateway Drive, Melbourne, representing FM Development Company, advised staff recommended approval of the preliminary plat with a condition that the proposed access connection to Wickham Road is only temporary and will be relocated to the proposed Pineda Extension; when they submitted their plans for the property for pre-construction, there was no MPO plan or any plan to extend the Pineda Causeway through this property; when they submitted construction plans on January 24, 1995, prior to the Board receiving the balance of the right-of-way for extension of the Pineda Causeway some 800 feet to the south, that was submitted prior to the Board accepting the balance of the right-of-way; and the basic stipulation they understand the County at any time can consider putting a roadway through any area, and he assumes that was the intent of counsel when they added that to staff's comments.

Commissioner Ellis inquired how the private road is going to work; with Mr. Evans responding it will be a 100-foot right-of-way from Wickham Road to access the property. Commissioner Ellis inquired if the Pineda Causeway were extended, where would the property be accessed; with Mr. Evans responding next to the Presbyterian Church there is a commercial parcel, and it is between the two parcels. Commissioner Ellis inquired if it would come down the commercial parcel; with Mr. Evans responding yes on the south side with a straight line into the subdivision. Commissioner Ellis inquired if the Pineda was extended in the future, how would they align the road to enter the subdivision; with Mr. Evans responding he is not sure, but the theory is to use part of the 100 feet and veer off to the south; but with a billion dollars worth of road projects, it would probably be 20 years before it would even be addressed by people probably not in this room. Commissioner Ellis stated that may be true, but he does not want another Palm Bay extension and wants to do it intelligently now and make sure the road does not go through the subdivision. Mr. Evans stated there is 1,000 feet before they get to the subdivision proper, and he assumes they would probably go down the 100-foot right-of-way then head south entering the Church property; and there would have to be another entrance to what would be the future Pineda Causeway.

Commissioner Cook inquired if that is correct; with Engineering Director Susan Hann responding that is generally correct; staff has looked at several alternatives for the Pineda Extension and the one that goes through the property Mr. Evans is proposing to develop has been discounted because of the proposed development. She stated the option staff is looking at now as the most viable is where they would negotiate with the Church to go through its property; and that is the option highlighted on the map. She stated if Mr. Evans' development is a reality at that time, they would have to realign the access to the subdivision to tie into the proposed Pineda Extension at some point where it begins to curve or slightly thereafter.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to grant preliminary plat approval for Windsor Subdivision, subject to the proposed access connection to Wickham Road be only temporary and be relocated to the proposed Pineda Extension, and approval not relieving the developer from obtaining all necessary jurisdictional permits.

Chairman Higgs inquired if the County has done everything it can at this point to put it in a position of having notified the owner of the potentials involved with the Pineda Extension; with Ms. Hann responding yes. She stated Mr. Evans' comment about the MPO plan and County's plan is correct that there was no alignment established for the Pineda Extension; however, the MPO plan as well as the Comprehensive Plan do make reference to the Pineda Extension; and the logical conclusion is that the Pineda Extension would align with the current terminus of the Pineda Causeway so it would in essence impact the access to Windsor Subdivision that is currently proposed. Chairman Higgs asked the County Attorney if the Board has done everything it needs to do to notify the owner of the subdivision of the County's pending road that may impact the subdivision; with County Attorney Scott Knox responding yes, if Mr. Evans is the owner. Mr. Evans stated he is the owner.

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

DISCUSSION, RE: ADVISORY BOARDS

Commissioner Ellis recommended appointments that come from Commissioners expire with the end of the Commissioners' terms.

Commissioner Cook stated he supports that or January 1st of each year.

Commissioner Scarborough stated a lot of boards have staggered terms and could lose continuity; and recommended any nominations within a year of an election. Commissioner Cook stated he is not sure losing continuity of staggered terms is all bad.

Commissioner O'Brien stated Commissioners are elected with staggered terms; but what concerns him is an elected commissioner may have a platform, but is stuck with committees that the previous commission appointed and cannot apply his philosophy.

Chairman Higgs suggested within the final year of the term of a commissioner, no appointments would last longer than the term of the commissioner or six months into the term of the new commissioner, so that the new commissioner has an opportunity to replace those people.

Commissioner O'Brien recommended appointments go to the end of the term of the commissioner and they serve until reappointed or replaced with a new appointment.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to establish that all District commission appointments to advisory boards shall expire with the term of the commissioner making the appointments, but the appointees may continue to serve until they are either reappointed or new appointments are made.

Chairman Higgs stated that would mean every member expires at the time a new commissioner begins; with Commissioner Cook responding no, he had a lot of people who wanted to participate and he tried to appoint them but there were a lot they had no place for. He stated he has people on boards he never met, and if they want to be reappointed, it would be nice if they would come and tell him they want to be reappointed; however, he does not have that opportunity now and are stuck with them. Commissioner O'Brien stated the amendment is to have the term expire upon the new commissioner taking office or continue until reappointed or replaced so they would not all expire in November. Commissioner Cook stated appointees will serve until replaced, but if a commissioner wants to replace all appointees he should have the opportunity to do that.

Commissioner Scarborough stated some appointments he makes require concurrence from the City; and inquired how would that work; with County Attorney Scott Knox responding they would serve until replaced. Commissioner Scarborough inquired how would the change affect those boards that are established by Special Acts; with Mr. Knox responding the amendment is good as far as it can carry, but there are laws that require certain people in certain professions and at a certain time which he does not think the Board can vary by saying they are terminated.

Chairman Higgs advised then the motion would include unless it is in conflict with Florida Statutes. Chairman Higgs stated she never had a problem and wanted the people to continue who were there; she has been happy to have them serve, and would hate to get into that much political cleansing which is not healthy for government and the political process.

Commissioner O'Brien stated he had a lot of problems trying to get Mr. Dobson appointed to the TDC because of staggered terms; page 30 of the report says, "In regards to altering membership of TDC terms, the Board could amend the resolution and ordinance; each five can appoint one and the chair nominate three and one commissioner from the Board, but it is staggered terms." He stated if the TDC was fixed terms, he could make his appointment without a problem; and if they are staggered, it should be by the length of the term of the commissioner.

Commissioner Cook stated from a political standpoint, when people are elected they have people who want to serve on committees and right now he cannot go in and fire everyone on the committees.

Commissioner Scarborough stated there may be a blend of the two suggestions; it would be a shame to have someone go in and clean house and take people off who were hard working conscientious people to have change for change sake; however, he can go with no appointments beyond the term of a commissioner if made in the last year. He stated to have all of them due at once may cause a loss of integrity on some boards.

Commissioner Cook stated the old Board reappointed a whole committee at its last meeting, and that was political; he has nothing against the EELS Committee, but the perception is not right; commissioners are appointed by the people in their Districts and when they are elected and feel it is necessary to replace advisory boards, they are representing their Districts and should have that right. Commissioner Scarborough responded it can be handled by precluding appointments within the last year of a commissioner's term.

Chairman Higgs advised the motion on the floor says District commission appointments will coincide with the terms of the commissioners. Commissioner O'Brien advised they stay in office until they are reappointed or replaced. Commissioner Ellis stated some appointments are not for four years so they cannot coincide with the term of the commissioner and should not exceed the commission term. Commissioner O'Brien inquired if the motion will affect the TDC; with County Manager Tom Jenkins responding it is an ordinance or resolution and has to be changed, and staff would have to check the Florida Statutes as well. Commissioner Cook stated the ones that can be changed, the Board wants changed.

Chairman Higgs called for a vote on the motion. Motion carried and ordered; Commissioners Scarborough and Higgs voted nay.

Commissioner Ellis advised a number of Boards are jointly appointed, have specific professions, each Commissioner draws for the professions, and those are the appointments made by the Commissioners to set up the initial board; however, once the board is set, it stays in perpetuity because the only way to put someone new on it is to recommend who will be removed which puts Commissioners in an awkward position. He recommended the appointment process go back to the way the original appointments were made. He stated when the terms expire, they should go back to the original commission districts that made the appointments so they can decide if they want to reappoint the individuals or appoint someone else. He stated committees that are done jointly never changes unless someone resigns. Chairman Higgs inquired if the term of the person appointed by District 5 expires, would that position go back to District 5 with the same classification; with Commissioner Ellis responding yes.

Commissioner O'Brien advised elections for commissioners are held every two years and affect the entire Board; and recommended appointments made as at-large automatically come due February 1st the year after elections for the Board to reappoint members or make new appointments. Commissioner Cook inquired if it would solve the problem having appointments every two years for at-large members; with Commissioner Ellis responding yes. Chairman Higgs inquired what happens if someone quits; with Commissioner Ellis responding it would fall to whoever nominated that person. Chairman Higgs inquired if every committee would be reappointed every two years; with Commissioner O'Brien responding those with at-large appointments, but the person would not be relieved until February 1st to give a new commissioner time to settle in. Chairman Higgs recommended staggering appointments and not do all at once. Commissioner Ellis stated it is not only the new commissioners, but putting current commissioners in an awkward position of taking a member off; with Commissioner O'Brien responding reaffirming the entire board or making new appointments every two years would solve that problem. Commissioner Ellis suggested April 1st of odd years which would put it on the staff to stagger those out for four months. Commissioner Cook stated people serve until they are replaced, so he does not see where the problem is if they are not done all at once. Chairman Higgs stated it is difficult to find people who are willing to serve all at one time; with Commissioner Ellis responding they could reappoint the current member.

Chairman Higgs advised appointments will be made every two years. Commissioner O'Brien stated every two years terms will expire, but the persons will remain until reappointed or replaced, no later than the first meeting of the Commission in April. Commissioner Scarborough inquired if every member has a two-year term now; with Commissioner Cook responding only at-large members appointed by the Board. Commissioner Ellis stated the appointments will be completed by the first meeting in April, but can begin earlier. Chairman Higgs inquired how this would affect existing boards; with Commissioner Cook responding it would not unless the Board makes it retroactive. Commissioner Ellis stated any jointly-appointed members' terms will not go longer than April, 1997.

Chairman Higgs advised the Board established a policy that all at-large appointments made by the entire Board of County Commissioners shall expire every two years, but the appointees may continue serving until they are either reappointed or new appointments are made which shall be done no later than the first meeting of the Board in April; and any current jointly-appointed advisory board would serve no longer than April, 1997.

Mr. Jenkins inquired if the Board wishes to discuss removing members from committees.

Commissioner Cook stated there should be a mechanism to do that if someone does not attend meetings. Commissioner Scarborough suggested rules be established that three un-excused absences in one year be considered a resignation. He stated a good member could miss three meetings, but he could have an excuse.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to establish that three un-excused absences in one year by advisory board members will be considered a resignation and the appointment considered vacant. Motion carried and ordered unanimously.

Mr. Knox advised the changes will require amending a lot of ordinances and resolutions; and rather than return with a stack of ordinances that need to be changed, he would recommend one uniform appointment ordinance that repeals all other provisions in conflicting ordinances. Chairman Higgs stated that would be fine.

DISCUSSION, RE: COST-SHARING AGREEMENTS

Ed Tietig, 1326 Malabar Road, Palm Bay, representing Farm and Grove Realty Company and the Tietig family, advised the cost-sharing agreements refer to equitable sharing of cost for installing unpaved roads to be borne by benefiting landowners; a cost-sharing policy has been in effect and worked for more than 40 years; and that is the Florida Water and Sewer Extension Policy. He stated the cost to administer the Policy is negligible; he knows that because he has dealt with County staff and requested an opinion from Jim Stevenson with the City of Cocoa Water Department who said the costs were so small they did not have an item for it in their budget; and the Town of Malabar said their cost were practically nothing. He stated the sharing formula for water and sewer extension policy is per household hookup; that same basis can be established for roads on a per building permit allowed; and that concept will take care of two-lot families, wetland lots, flag lots, and everything else. He noted no matter how big or small the lot is, if they can put one house on it, they will bear one share of the cost. Mr. Tietig advised there are methods of public notice before a road is put in and the cost determined, including audits of the figures and determination of reasonable cost, as well as provide for appeals before and after the road work is done; and that can be included in the ordinance at little or no cost. He stated in 1982, the Board changed the policies; before they did not need a road ordinance and could get a building permit for their properties; in 1982 the Board said no, they have to have a road to County standards or cannot build on their properties; and in 1988, the Grant Drainage District, to fill a void caused by the Board, created the same equitable contribution ordinance; however, the Board's response to that was to abolish the Grant Drainage District. He stated that ordinance is what the Town of Malabar copied and is using today. Mr. Tietig advised in 1994, the Board said it would not use MSBU's anymore; now they have no way of putting in paved roads; so the effect of all that is, in order to build and use land, they are taxed 100% of a common road going in that is going to benefit not only the property but everyone else on that road; and they must pay that out of their pockets and get no reimbursement no matter what. He stated it does not take much to see that denies the owner reasonable use of his property and is a taking; so there must be an equitable way of getting roads in and a way that costs are borne.

Chairman Higgs inquired how many unpaved road agreements did the County have in the last year or two; with Land Development Director John Sternagel responding approximately 25 dirt road agreements. Chairman Higgs inquired if people have been able to use their lands using the existing Dirt Road Policy; with Mr. Sternagel responding absolutely.

Commissioner Ellis inquired how many of the 25 agreements were in areas with similar situations like Canaveral Groves, Grant and Valkaria where they go pass many adjoining properties and the owners do not contribute to the cost of the road; with Mr. Sternagel responding many times the individual who is going to build, design and engineer the road will get with the neighbors and fair share the cost of the road; when it does not occur, the property owner realizes he has to pay the bill for engineering and construction; but he also knows down the road eventually when more than 50% of the property owners adjacent to that dirt road obtain building permits, they will participate in an MSBU to turn that dirt road into a paved road. Commissioner Ellis inquired what is the most properties seen on a road; with Mr. Sternagel responding the maximum length is 1/4 mile, typically the lots are one acre in size, so about 10 to 12 lots would be on each side of the road.

Chairman Higgs advised the Board discussed the possibility of the person who builds the road being omitted from the MSBU for paving; and inquired if that action took place; with Mr. Sternagel responding no, it was discussed, but the Board did not direct staff to do that. Chairman Higgs inquired if in Malabar the roads are very small segments, almost equal to the width of the properties; with Mr. Sternagel responding that is true. He stated they called the Town of Malabar; they have six dirt roads and a number are short segments of a couple of hundred feet which affects one or two property owners; staff asked them how they felt about the program and they are not 100% sure it was a good or bad program, but they were definitely pleased to be able to obtain building permits; Mr. Tietig indicated it was a successful program; however, it is premature at this time.

Commissioner Ellis stated in areas like Grant and Canaveral Groves, it is almost impossible to do an MSBU and cost-sharing agreements are more equitable because they do not pay if they do not use the benefit. Chairman Higgs stated the property will benefit from the road by increased value; with Commissioner Ellis responding but if they do not plan on doing anything with the property there is no benefit to them even if the value goes up.

Commissioner O'Brien stated forcing people to use the road bothers him; the road is not an optional benefit and adjacent property owners have no choice but to connect to the system and paying at the time of issuance of building permits; and secondary buyers of undeveloped property could pay a premium for property on an improved road. He stated they would pay more for the property at the time they buy it, then be charged their fair share at the time they obtain a building permit and pay again for the road. Commissioner Ellis stated without the road they cannot build.

Chairman Higgs stated the Board said it would not do MSBU's to develop undeveloped land; with Engineering Director Susan Hann responding that was the direction the Board gave staff. She stated they have not brought the ordinance back to the Board because they are waiting for the audit results to make sure the new ordinance addresses any results of the audit, but they anticipate bringing it back for final action relatively soon. Commissioner Ellis inquired if the MSBU is not an option, why not have a cost-sharing agreement; with Chairman Higgs responding she is uneasy about the cost-sharing agreement because it basically puts liens on people's properties without a process that establishes notice and costs and all those things. Commissioner Ellis stated there is no lien; with Chairman Higgs responding but it requires people to pay a share of the road when they have not participated or been noticed.

Commissioner O'Brien stated a secondary buyer could pay $12,000 for a lot instead of $7,000 and then pay $3,000 for the road again; with Commissioner Ellis responding the secondary buyer has recourse against the realtor and seller because that has to be a disclosed condition at the time of the sale.

County Attorney Scott Knox advised if the Board is going to do something like that, it would have to record the agreement so everyone is on notice that it is out there and the Title companies will pick it up so people will know in advance they are buying into that situation. He noted it does not do a lot of good to have recourse against the seller or real estate company because that requires them to exercise their rights in court and that is expensive and time consuming and does not always get the results they want, so it is better to have it up front. Commissioner Ellis inquired if it can be recorded, but not as a lien; with Mr. Knox responding it will show up as an encumbrance on the property. Chairman Higgs inquired what is the difference; with Mr. Knox responding an encumbrance will allow them to know there is an additional cost they are going to be taking if they go back and read the document. Chairman Higgs inquired if they are obligated to pay that cost; with Mr. Knox responding no, unless they want to build.

Commissioner Scarborough indicated there could be corruption if a property owner hires his brother to do the road work for three times the amount then sock it to the adjoining property owners. Commissioner Ellis stated the County would audit the costs. Commissioner Scarborough inquired if the County will have public hearings, notice people and poll people like the MSBU's; with Commissioner Ellis responding that is not currently done for water and sewer lines. Commissioners Ellis and Scarborough discussed the Police Foundation MSBU, liens, pro-rated share, requirements to connect and pay the assessments, and the inability to opt out of paying for the road.

Commissioner O'Brien advised Commissioner Scarborough made a statement the last time that the Board needs to make sure it does not proceed without consent from adjoining property owners that there is not somebody driving a project that everyone is opposed to; and inquired what happens if one lot owner at the end of the dirt road drives a project through and nobody wanted it. Commissioner Ellis stated the Board is talking about cost-sharing agreements for the cost of putting in a dirt road in an unimproved right-of-way. Commissioner O'Brien stated he is concerned about the corruption angle. Chairman Higgs inquired who pays the cost of the dirt road that is constructed in the right-of-way.

Mr. Tietig advised an applicant can come in and have a road design, have an engineer certification of the probable cost of that road, and a public notice go out to the people who would be directly benefited by that road, advising who is putting in the road, what the cost would be, who the people are that will benefit, and what the cost per individual would be. He stated after the road is permitted, whoever puts it in pays all the costs; at the end of that time, the engineer comes back and certifies that the road has been put in according to County plans and specifications, the affidavit of reasonable cost given by the owner is attached to the certificate, and that goes and is examined by the County Engineering Department to determine whether the costs are reasonable. Mr. Tietig advised he has done multifamily housing for 40 years and always went through cost certifications; it is nothing new and they are not re-inventing the wheel; in his ordinance he has a cap that says the actual cost could not exceed the estimated cost by more than 10%; and at the end of that time, another notice would go out to the people saying the road is finished and what the actual cost is approved by the County, as well as their portion of the cost. He stated the builder of the road and the property owners have a right to appeal at that time. He advised there will be a notice before, a good faith estimate of cost before, an audit of the actual cost, and appellate and notice provisions after the road is built.

Commissioner Ellis inquired if they would only pay if they use the road; with Mr. Tietig responding they would only pay if they use the benefit, and if they wait 20 years they do not pay during that 20 years. He noted the County could have a computer system to flag the project. Commissioner Scarborough stated he was concerned that someone could stack the deck against the property owners; with Mr. Tietig responding no, because to start with they would have a professional engineer and there is oversight. Commissioner Scarborough recommended the County Attorney review the ordinance with staff and report back to the Board on the mechanics.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to direct the County Attorney to review the ordinance on cost-sharing agreements and report back to the Board on the mechanics and with additional recommendations. Motion carried and ordered unanimously.

Mr. Tietig requested to participate; with Chairman Higgs advising Mr. Tietig he could call the County Attorney and make an appointment to meet with him.

PERMISSION TO HOLD OUTSIDE MUSIC EVENTS, RE: HOLIDAY INN MELBOURNE OCEANFRONT

George Toler, 1916 S. Orange Avenue, Orlando, advised he will be providing the entertainment and will respond to any concerns the Board may have.

Kerry Bennett, 2605 North Highway A1A, Melbourne, representing Holiday Inn Oceanfront, advised their goal is to put on a quality event that people can come to and bring their friends and family, have a good time, and get home safe and come back another time.

Commissioner Ellis stated there should not be a fee; this has gone on for years; there has never been a noise problem; there is vacant property to the south and the Radisson to the north; and the County is just extracting money from them.

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to waive all fees for Holiday Inn Melbourne Oceanfront to hold outside music events.

Assistant County Manager for Community Development Dean Sprague advised staff has some hard costs that are associated with this activity; and they actually do field inspections on special events to look at electrical and other aspects of the event. Commissioner Ellis inquired what did they do for all the years they did not have special event permits; with Mr. Sprague responding he does not know. Commissioner Cook inquired if the field inspections are essential; with Mr. Sprague responding it is a requirement they comply with to certify that those events are safe for the public.

Chairman Higgs inquired if staff is required by Ordinance to perform inspections; with Mr. Sprague responding yes. Chairman Higgs advised this is the same process Gizmo's went through; the Board's only ability to be involved in these issues is the permitting process; and the only way to control what seemed to be a problem at Gizmo's is this activity. Commissioner Ellis inquired if the ordinance is coming back to the Board; with Mr. Sprague responding the special events ordinance should come to the Board in June or July. County Manager Tom Jenkins advised currently staff does inspections for electrical hookups and if there are structural things; but if they do not do inspections, the cost would be minimal. Mr. Sprague advised the Building Division estimated a field inspection costs about $50 including staff time. Chairman Higgs stated she understands the fee and inspection concerns, but there are some situations that are only controlled by the involvement of the Board.

The Board discussed inspections of a band on a deck, electrical issues, noise issues, flat fees for events similar to licenses, fire prevention fee, and generation of tourist tax.

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to approve issuance of a single special event permit covering sixty individual music events at Holiday Inn Oceanfront in Melbourne; and waive all fees for such events.

Commissioner Scarborough stated the Board is required to operate on a balanced budget; it is beginning to discuss cutting fees here and there; and if it does not have revenue, sooner or later it is going to the General Fund to subsidize events that the general taxpayer should not be subsidizing, such as permitting of these events. He stated there is some cost to handle them, so he will not support the motion.

Chairman Higgs stated she supports approving the request and has no problem looking at the existing ordinance; but a governmental entity needs to follow the laws as established, so she cannot support the motion. She stated if the Board wants to change the law that is its prerogative; but it should not waive fees and not follow the law. She stated the Board has to abide by the law in terms of notice; it must hold public hearings with public notice given; here in essence it is saying it does not like the law and is going to change it without going through the procedures it is required by law to follow. She stated it is not sound public policy to just ignore the law.

Commissioner Cook advised the Board has the ability to legally waive fees. Chairman Higgs inquired if the Board has that ability; with County Attorney Scott Knox responding yes. Commissioner Ellis stated although he does not agree with the law, he does not see the Board not following it and does not see a band on a deck as a musical festival. Chairman Higgs inquired how does the ordinance define musical festival; with County Attorney Scott Knox responding "musical or entertainment festival means any gathering of groups of individuals for the purpose of listening to or participating in entertainment which consists primarily of musical renditions, conducted in open spaces not within a completely enclosed structure."

The Board discussed the impropriety of not notifying people and changing laws, the Board's ability to waive fees, taxpayers paying the cost of processing requests for commercial establishments to put on events for profit, and playing a guitar in the backyard being classified a festival.

Chairman Higgs called for a vote on the motion. Motion carried and ordered; Commissioners Scarborough and Higgs voted nay.

RESOLUTION, RE: REQUESTING FINANCIAL ASSISTANCE FROM F.I.N.D. FOR FISHERMAN'S LANDING PARK

Graydon Corn, 3690 Aurantia Road, Mims, advised over a long period of time he has spoken against state or federal grants when they came into the County for the benefit of a few people or an individual; the majority should not be sharing their money with someone else that way; and F.I.N.D. is one of the most belligerent and uncooperative group of people he has ever seen. He stated he pays about $8.00 a year for F.I.N.D. to take care of the Florida Inland Navigation System; the Board is asking them for a grant to fix a dock for a few people; and he protests that as much as he protested F.I.N.D. providing $20,000 to perform maintenance on the Titusville dock. Mr. Corn stated the people in the rest of the County should not have to bail Titusville out when the City Council over the years spent the monies that came in for maintenance of that dock; and now they are going for federal grants. He stated the mind set on the previous board and some members of staff is if the County does not spent it, someone else will; he considers that an inappropriate reason to ask the government for money; the Board should not make F.I.N.D.'s job easier by giving it a reason to raise his taxes; they like to get out and do all those things; and pretty soon his tax will not support it; so he is against this request and hopes the Board turns it down.

Chairman Higgs advised Fisherman's Landing is a park in South Brevard on U.S. 1 on the Indian River; it serves a lot of people; and she hopes the Board approves the request to F.I.N.D.

Commissioner Cook advised it is important to provide access to the Indian River, and anytime the Board can improve access for recreational boating, it should do it.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to adopt Resolution requesting financial assistance from Florida Inland Navigation District (F.I.N.D.) for Fisherman's Landing Park.

Commissioner Scarborough advised a lot of federal and state programs are set up to send money back to the state and local governments; F.I.N.D. brings money back into local boat launches; and the Board would have to say it is going to send money to F.I.N.D. but not take any back. He stated they established the program; he wishes it was under local control; but that is the way they do business.

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

GRANT AGREEMENT WITH U.S. FISH AND WILDLIFE SERVICE, RE: DEVELOPMENT OF SCRUB CONSERVATION AND DEVELOPMENT PLAN

Graydon Corn, 3690 Aurantia Road, Mims, advised he is against wasting $100,000 on the Habitat Conservation Plan (HCP); it should be apparent that the HCP will cost between 130 and 200 million dollars over its lifetime for establishment and maintenance of it; and the County will have to have numerous studies on how to affect the maintenance programs for those properties. He stated they have to be burned over a period of 10 to 20 years in sequence; it is going to be a real headache; and requested the Board cease spending money on the Plan and let the U.S. Fish and Wildlife be responsible for its own mandates. Mr. Corn stated the first case they would take to court will more than likely come up to be unconstitutional because they want people to buy three acres so they can use three acres they already own; that is not the way it is supposed to work under the Constitution; and all they are doing is using the County to bail them out of their responsibilities. He stated they proved they did not want to do it when they had one lady to do the whole state; and all they are doing is dumping their responsibility on the County and making it spend upwards of 200 million dollars to buy 6,000 acres and maintain it.

Commissioner Ellis advised the money is a combination; one is to finalize the task on the HCP, one is to generate resource maps for public use, and the other is to educate the public on the HCP; and he has concerns on the education issue if this goes to referendum.

Commissioner Cook expressed the same concerns about the education process because sometimes it could turn out to be persuasion to convince people it is a good plan; and that is not the proper expenditure of public funds.

Chairman Higgs advised the Board talked about the need to let landowners know about the plan; with Commissioner Ellis responding that is notification because all owners of scrub need to be notified they are owners of scrub and as such fall under the Fish and Wildlife Service.

The Board discussed the need for notification, concerns about education, the possibility of a referendum, and changing the terms of the Agreement to reflect no education.

Natural Resources Management Director Lisa Barr advised under the Grant Agreement, staff is required to comply with the requirements of NEPA, the National Environmental Policy Act; so in lieu of education, they can put "meet the requirements of NEPA" which would be the notification; and basically it is a public notification process about the process and how to become involved in it.

Commissioner Cook recommended doing the notification and maps and leave it at that.

Ms. Barr requested the item be tabled for one meeting so she can clarify it with Fish and Wildlife Service. She stated prior to the federal government taking any agency action regarding the Endangered Species Act, the County needs to meet NEPA requirements; that is part of the contractual agreement; and she needs to negotiate those with them and come back with the minimum the County can do as far as education versus public notice.

Chairman Higgs recommended amending the Agreement and notifying Fish and Wildlife Service, and if they have a problem, they can tell the County and the Board will deal with it then. She stated the Board is willing to notify and provide maps, but it does not want the propaganda process.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Grant Agreement with U.S. Fish and Wildlife Service to develop the Scrub Conservation and Development Plan, amended to exclude education. Motion carried and ordered unanimously.

The meeting recessed at 4:20 p.m. and reconvened at 4:33 p.m.

AGREEMENT WITH BREVARD COMMUNITY COLLEGE, RE: PARTIAL FUNDING OF WATER QUALITY MONITORING PROGRAM

Commissioner Ellis stated the overall cost will be over $300,000 for different agencies; the Stormwater Division will provide technical support and give classroom presentations; and recommended the County lend out staff when needed and not get into a cash grant program. He inquired if the County is already doing sampling and if this program is not taking the place of what the County already does.

Commissioner O'Brien stated the Board just gave $50,000 to F.I.T. to develop stormwater things and Brevard Community College is running the other side of it, but the two are not talking to each other about it.

Chairman Higgs asked staff to address the issue of how the sampling differs from others.

Surface Water Improvement Director Ron Jones advised staff operates a sampling program that is primarily based on roving samplers; consistent with federal requirements, they will be implementing a program and doing preliminary screening analysis that involves water quality test kits; and this program is a far less expensive mechanism than to provide for laboratory analysis on each and every implementation of the sampling program. He stated each and every sample that is pulled and utilized with the test kits will be analyzed by a certified laboratory; the County's part is $10,000 for lab fees; in addition, the test kits cost approximately $3,000, and there is about $9,000 in administrative support and quality control and assurance. He stated Brevard Community College is providing approximately $10,000 in lab services in which the County is not participating. Mr. Jones advised the grant previously authorized by the Board is specific to the design of sediment control devices and was not a sampling grant. Chairman Higgs inquired what is F.I.T. going to do; with Mr. Jones responding it is taking existing designs and some of the data they have utilized in terms of changing the design and will do a series of tests which will provide for an improved optimized design that will decrease construction costs and increase efficiency.

Commissioner Scarborough inquired if this is just a District 3 project because the funds are coming from District 3 Surface Water Account; with Chairman Higgs responding they are using schools in District 3; they will benefit by the samples that are drawn from waters in District 3 being analyzed and regularly sampled; and she supports the project because it will give data that will drive placement of retrofit projects based on knowing exactly what it is dealing with. She stated it makes a much more cost effective program in the placement of structures and they will know where the pollutants are and what they are and will be leveraging County dollars against all the other dollars to do that.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with Brevard Community College for partial funding of a water quality monitoring program.

Commissioner Ellis stated they already have $300,000 from Department of Education, TRDA and other organizations; he has no problem with technical support; but there is no point in throwing another $20,000 into the hopper when they have $300,000.

Brenda Maxwell, representing Brevard Community College, advised the budget is the matching funds; those funds help to develop this program and provide teacher training so teachers can go out into the field and do those types of things; they are not asking the County to train teachers; they are asking it to help cover the cost of some of the kits and sampling so they can provide a real life experience and service to Brevard County. She stated the program is going statewide and being supported by different water management agencies because they feel there is an importance in involving the students in sampling, saving individual counties and districts manhours of technicians to sample sites and do field analysis; and students can do that at a relatively cheaper cost and still benefit from the educational gains. She stated they can identify different hot spots so counties and water districts can concentrate their manpower on those areas they identify as hot spots. Ms. Maxwell advised generally people sample once a month; if there are 2,000 sites and 20 people, they could not sample many times to get a good understanding of what is going on in a particular water body; students who sample it weekly can begin to build a baseline of database and do that for the County at a relatively inexpensive cost; but in the world of scientific phenomena, they have to prove that the data they are getting is good reliable data; so they are teaching teachers and students to use QA/QC. She stated from time to time they will need to back that up with a lab; so the data being sent off to EPA to store will have some value to not only governmental agencies but to researchers and other policy and decision makers throughout the State of Florida.

Commissioner Cook inquired if the students are from Brevard Community College; with Ms. Maxwell responding no, they are from Brevard County Schools. Chairman Higgs advised they are elementary, middle school and senior high school students. Ms. Maxwell stated there are some college students involved and some citizens. Commissioner Cook inquired if they are being sent out to do sampling, collect data and analyze it; with Ms. Maxwell responding some schools that are not located on water bodies that contribute to the lagoon will have samples drawn and brought to them. She stated it is part of the science requirement of the program to meet the State K-12 curriculum and science framework so it aids teachers and gives them the opportunity to move toward blueprint 2000 to bring in business, government, and science with hands-on experience. Commissioner Cook inquired if it is in addition to their other studies; with Ms. Maxwell responding it is part of their classroom once a week and mainstreamed in there as an activity they do weekly.

Bert Purga, Campus President of Palm Bay Campus of Brevard Community College, advised the $300,000 shown as matching is to show the Board the super structure of this project as it is taken on over a three-year period statewide focus; they received three different Department of Education grants, and TRDA Grant; and they have touched over 20 counties in the state and trained over 240 science teachers in quality water testing. He stated within those grants they not only delivered the training, they also created Brevard Education Network which is a bulletin board system; and they created a super structure which can be very beneficial to the County particularly the children, and provide an expensive learning method of how to do water testing and being an integral part of the water testing. Dr. Purga advised the proximity of the ten schools to Palm Bay Campus is very important because they have the laboratory facilities there and can aid in the testing; they would like to have the program designed as an indicator of hot spots inexpensively; and the professionals can then move into the environmental areas where those hot spots are indicated. He stated Brevard Labors is an HRS certified lab, so the database Ms. Maxwell referred to would not only be integrated to the bulletin board, but would be on file with the state.

Commissioner Ellis stated $8,000 of the grant goes for salaries; with Dr. Purga responding they have people working with the students and visiting the ten schools every week. He stated samples will be dropped off at some schools and students will not all be going to the fields to do the testing; however, there is travel involved and various staff time in compliance with the grant proposal, including the final report and evaluation. Commissioner Ellis stated some of the places are a good distance from the schools such as Goat Creek from Meadowlane and Trout Creek from Palm Bay High School; and inquired how will the children get to those sites; with Ms. Maxwell responding the sampling coordinator will take them out, but at some point during the project they would like to have the students take a field trip to see the sites they are sampling. She stated the sites were identified by Brevard County Surface Water Improvement Division as sites they need to have sampled, so some of them are a distance from the schools; and it shows that samples can be dropped off to schools that are doing good work and still be analyzed without having everyone on the site. Commissioner Ellis inquired if the analysis will be done in the schools; with Ms. Maxwell responding yes, one part of it. She stated there are three steps to the analysis; one will be done on site, one done at the schools, and one done by the laboratory once a month; all the data will be sent to the laboratory; the QA/QC officer at Brevard Labs will look at the data and determine whether they are getting the right kind of feedback; and if they are, the labs confirm what the students find, and they will know they have a hot spot.

Dr. Purga advised if after six weeks a particular water body is found to be okay and within norm, another location will be identified and the students will begin work on that, so this may involve more locations than they have shown in the proposal.

Chairman Higgs advised the County will get a number of sites sampled continuously so that the data driving where they go with their projects are based on solid information of where pollutants are; and the secondary part is the educational process with the children learning about those things. She stated driving stormwater projects to sites that are clearly identified as problem areas is the most valuable thing; and at this point most of the sampling the County does is in the body of the lagoon as opposed to the mouth of the different tributaries. Mr. Jones stated that is correct; however, Natural Resources Division has been working on an ambient monitoring program; that data goes back ten years, but does not provide adequate data directly identifying the nature and types of pollutants in terms of project prioritization and selection. Chairman Higgs stated this program gets to the source of the fresh water and pollutants coming into the lagoon, and identifies them in a cost- effective manner.

Dr. Purga advised another component is the affiliation with the Indian River Lagoon National Estuary Program; they are delivering the citizens monitoring program through Brevard Labs; their intent is to integrate the schools and students into that program; so this project will live on beyond the length of the grant with the students and perhaps even longer than the kits will survive.

Commissioner O'Brien advised he supports the motion because he wants to see the rivers cleaned up and fish and wildlife brought back that belong there, and this is one more step towards getting the rivers back to the condition they should be.

Commissioner Ellis stated he will not support the motion because it gets into salaries; once salaries come from the grant, it develops a constituency for the grant money and makes it difficult in the future for it to be cut off; there is already $300,000 used for other things; and he does not want to get caught up with the salary issue.

Commissioner Cook inquired if it is a one-time funding; with Chairman Higgs responding yes. Commissioner Cook inquired if the final report will be submitted to Mr. Jones and the Board.

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

AGREEMENT WITH INSTITUTE FOR SELF-ACTIVE EDUCATION, RE: COMMERCIAL REUSABLES RECOVERY AND REUSE EDUCATION PROGRAMS

Solid Waste Management Director Richard Rabon advised his Department's policy in dealing with the commercial recycling program has been to work through groups such as the Institute for Self-active Education, Keep Brevard Beautiful, etc. to contract out activities that will help initiate commercial recycling programs in the County; and it has been extremely successful. He stated since the program was initiated in 1989, they have achieved the 30% recycling goal established by the State as a mandate; Brevard County is one of only 11 counties that did make that goal; and they are extremely proud of that, and did it with virtually no staffing. He stated the County's Recycling Program has a staff of two; the reason they were able to do it is because of efforts like this contract with local groups and nonprofit groups working with businesses and industry and using their infrastructure to help the County get into the commercial areas and achieve that goal. He stated 10% of the 30% recycling credits come from the commercial sector; and it was done through the use of cadres of volunteers and people working with businesses, and without the use of ordinances or mandates or any heavy-handed activities. Mr. Rabon advised this contract is with the Institute for Self-active Education which provides a direct link with the volunteer community, manufacturers, and businesses that cast off products; those products are brought to the Brevard Schools Recycle Center where they are used creatively; teachers and others are brought in and taught how to use them; and it is a cornerstone of the recycling program. He stated it is more a reuse program than a recycling program; it keeps other materials from having to be used; and $30,735 is not a lot of money compared to what other communities are doing to achieve the same results. He noted staff thinks it is a worthwhile project.

Commissioner Ellis inquired if this is the first time they have applied for funding; with Mr. Rabon responding yes; however, staff has worked with this group and became involved with them and the recycle center; they brought proposal to staff; and the agreement has performance standards of what they have to do to earn the money.

Commissioner O'Brien inquired why the School Board is not doing this; with Mr. Rabon responding the School Board participates and Mr. Drew can advise the Board of the School Board's involvement.

Walter Drew, 103 Budris Road, Melbourne Beach, President and Founder of the Institute for Self-active Education, advised they are requesting support from the Board to deepen and strengthen the commercial partnership with industries; there are between 500 and 600 industries in the County that generate substantial amounts of materials every day that are incredibly valuable; and if they can reduce those materials from going into landfills, they will save substantial amounts of money for the taxpayers. He stated the School Board has participated since 1991; it began by giving the Center a $900 grant; the second year it was $5,000, and then $10,000, all of which were Eisenhower grants. Mr. Drew advised that grant expired, but the School Board continues to support by giving them space and transportation; however, they now need the resources to have a full-time director to expand the program. He noted last year they had 1,700 teachers come to the Recycle Center.

Commissioner Cook inquired if the money is to hire a director; with Mr. Drew responding yes. Chairman Higgs stated the County is not paying directly for a director, it is paying for services rendered through the contract; with Mr. Drew responding that is correct. Chairman Higgs asked Mr. Drew to explain how the materials flow from the businesses to the Center and what happens. Mr. Drew advised the Harris Corporation has a lot of different types of materials, from plastic containers which could be used in classrooms to hold materials for children to paper; and before the program was initiated, the materials were being dumped in the landfill. He stated they now receive those materials and from Rockwell; teachers come to the Center and use those materials in their classrooms; and the industries deliver or they pick up the materials. He noted for the most part, volunteers are working to retrieve those materials. Mr. Drew advised the second benefit is the benefit directly to children and teachers; if a teacher needs binders to do a program, what typically happens is he or she will buy the binders and those become part of the landfill; however, this program provides materials without the teachers having to buy them and cuts waste going into the landfills. Chairman Higgs inquired if anyone else besides the schools use the Center; with Mr. Drew responding it is a community-based project and after-school programs, Boy Scouts, Girl Scouts, Head Start, Day Care Centers, retirement communities all use the materials for arts and crafts, etc. He stated last year the program was chosen Keep Brevard Beautiful's favorite program in the County and Keep Florida Beautiful's first place in the community service category; it is not the first program in the nation, but it is the first in Florida; there are eight centers in the United States; and this is a cornerstone for a network of recycle programs planned for the state under this Institute. Chairman Higgs inquired if the Institute is being considered for a state award; with Mr. Drew responding they were reviewed by the Department of Education, Environmental Affairs Office; they have chosen the Center as the site for their bio-diversity conference in May; there are 40 key bio-diversity coordinators from across the state convening in Orlando; and through the Department of Education, they asked to see the Brevard Schools Recycle Center as a model program.

Linda Brandt, 607 Sheridan Woods Drive, West Melbourne, Chairman of the Board of Directors for the Institute for Self-active Education, advised the Institute operates the Brevard Schools Recycle Center; they have a good response from industries giving them materials to recycle such as Florida TODAY, Encore Computers, Harris Corporation, Hemox, Holiday Builders, Holmes Regional Medical Center, Hydro-aluminum, Indian River campus, Island Tile, Melbourne Square Mall, Mercer Paints, and many more; and it is a nice list of people who think this is an environmentally responsible and positive project. She stated it puts the industry leaders in a position of being roll models for children, youth and citizens in showing there are ways to think responsibly and work with educators, environmentalists, and volunteers to divert things from the landfills and look at materials differently. Ms. Brandt advised the project teachers long-term attitude shifts; teachers look at products differently and think less is trash and more is creatively reusable; and that is what they are saying to students as well, so students are learning to think differently about how deep their environmental responsibility needs to run that may be deeper than a few cans and bottles on the corner once a week. She stated they are making in-roads in changing attitudes and practices of Brevard County citizens, and they hope the Board will support their program.

Commissioner Cook stated he is sure it is a fine program but he cannot support the request; there are a million fine programs the Board could fund but cannot fund them all; its recycling element has done an excellent job without the expenditure of additional funds; and $30,000 here and $30,000 there adds up to real money as stated by Commissioner Ellis stated he is not going to vote for it either; one reason is from the $31,000 over $28,000 goes for salaries; they have gone for the last three years without getting money from the County; and essentially when salaries are dependent upon a grant, it draws up a constituency. He stated it is like adding an employee.

Chairman Higgs stated she supports the recommendation from staff because it is the long-term solution to the high cost of landfills; it not only teaches people, but diverts things from the waste stream to the landfill for other uses; and it is a sound investment that will pay back considerably and result in decrease of products going into the landfill. She passed the gavel to Vice Chairman Ellis.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Agreement with Institute for Self-active Education to implement a commercial reusables recovery program and reuse education program through the Brevard Schools Recycle Center at $30,735 for one year. Motion did not carry; Commissioners Scarborough and Higgs voted aye; Commissioners O'Brien, Cook and Ellis voted nay.

County Manager Tom Jenkins inquired if the Board would have an interest in participating in the program if Mr. Rabon can identify an existing staff person and make it part of his or her duties. Chairman Higgs stated she would support that; it is the least expensive way to leverage dollars against other dollars to multiply the effect and keep things out of the landfill. Commissioner Ellis inquired about Keep Brevard Beautiful people; with Mr. Jenkins responding that could be another option.

Chairman Higgs advised she assumes the Center can come back under the nonprofit grants program, submit a proposal and be considered for that funding cycle.

AUTHORIZATION, RE: CONTINUED USE OF FOWLER, WHITE LAW FIRM IN MIORELLI LITIGATION PENDING RESOLUTION OF PAYMENT DISPUTE WITH F.A.C.T.

Attorney Seth Mills with Fowler, White law firm, advised they have been defending the Miorelli litigation at the request and expense of Florida Association of Counties Trust (F.A.C.T.); as of February 18, 1995, they received notice from F.A.C.T. that they will no longer be funding the litigation; and they were authorized temporarily through today by the County Attorney as approved by the Board to continue to represent the County's interest, subject to his appearing before the Board today to discuss further arrangements. He stated he put together the estimate of probable costs that is before the Board and is prepared to discuss it; the numbers are estimated numbers and the best numbers they can come up with of what will be required to adequately and properly defend the case; and he will admit it can be done for less, but it is a question of how much is adequate and how much risk the County is willing to take. Mr. Mills advised all the numbers, the attorneys' fees, expert witness fees, etc. are subject to approval by the County Attorney under the current Board Procedures and Policies which they have been operating under since February 18, 1995; and just AUTHORIZATION, RE: because it is on the paper does not mean it will be expended. Mr. Mills advised during the last two weeks, there became an occasion where they needed to gain the approval of the County Attorney, pursuant to the Board's Policies, to do some research they felt was necessary and to attend a particular meeting they felt was necessary to prepare for the case; and they were given that approval. He stated the vast majority of the expenses are still going to be subject to a degree of control by the County Attorney.

County Attorney Scott Knox advised this issue comes up in the context of a choice the Board has to make as to how it wants to proceed at this point, as F.A.C.T. has indicated it is not going to pay any further expenses; it has been the County's position that F.A.C.T. was responsible for making those payments and paying all attorneys' fees and costs involved with this case; and it is still his position that they continue to have the obligation even though they have disclaimed it at this point. He stated F.A.C.T. is currently considering the County's appeal of that issue to its Board of Trustees; that Board was scheduled to hear it this past week, but they may have continued it to next month; so that issue is still outstanding and has not been formally resolved although on their staff level they said they are not going to pay. Mr. Knox advised the Board has to decide how it is going to handle that; he gave the Board three options to consider; of primary importance is the fact that the judge moved the trial date up from August to May 26, 1995; so the time frame to get the case to court has been significantly shortened and a lot of work has to be put in between now and the time of the trial.

Mr. Mills advised when he was advised that F.A.C.T. would no longer be paying defense expenses, he was also advised that was subject to reconsideration, depending on the outcome of the appeal that is pending; and if the appeal is resolved in the County's favor, they would reconsider this and presumably the County would be able to recoup any expenses it may have had. He stated they had a trial date for August set by the court; they had a change in judges because of a shift in assignments within the judicial system; and because of the shift they got a new trial date order at the courts own request. He noted it was not requested by anyone to move the trial date up; the court just issued the order that set the trial date for May which is about 11 weeks away; and there is a substantial amount of work that must be accomplished in the 11 weeks as a result of the acceleration of the trial date. Mr. Mills advised there is a motion that will be heard tomorrow before the court that has been filed by Miorelli Engineering's attorneys and the attorneys for Hartford attempting to delay the case; they will oppose that motion for reasons previously discussed; they believe it is in the County's best interest to resolve this case as quickly and efficiently as possible; and they believe the best way to do that is to pursue it with all due haste. He stated it will accelerate the expenses that are set forth in the package, but the budget will hold fixed if the case is continued tomorrow at the request of opposing counsel. He noted it is a question of how fast it will be expended and not whether it is going to be necessary as a result of that acceleration. Mr. Mills advised he had discussions with Mr. Knox concerning one of the Board's policies that is creating a degree of hardship for them; they have been operating under it for the last couple of weeks; under the current Policy, no single attorney can charge more than 8 hours per day; that seems like a liberal amount; but when they cram what would be six to eight months of discovery into 11 or 12 weeks, it becomes a burden because they are working more than 8 hours a day to be ready for trial. He noted an example of that is Mr. Miorelli was ordered by the court to appear for deposition at the Viera Complex on Friday, Saturday and Sunday because he had no other time to be available for deposition; he personally took the deposition for those three days, February 24, 25 and 26, 1995; and they were working with the County staff 14 and 15 hours per day and billing the County for 8 hours. He noted that is a significant savings for the County; they have been continuing on that pace of late; but they are requesting some minimal relief from the County of the eight-hour requirement to expand to ten hours a day. Mr. Mills advised the second exception he is requesting is a matter of accounting; because of the size of the matter, there are substantial expenditures that they have budgeted and think 50% of the budget is for outside expenses for which there is no mark up and are just straight costs; the County's Policy currently says such expenses would be borne by the law firm then billed to the County subsequently without mark up; and the firm's policy is that outside expenses in excess of $100, with exception of travel, they would forward the billings to the County for direct payment. He stated he discussed it with the County Attorney who did not have an objection because there are substantial amounts of expenditures they would have to pay; the Policy allows for that; but he wanted to bring it to the Board's attention that it is their intent to bill the County for direct payment.

Commissioner Scarborough stated the County may not have an option today, but he would like to go into executive session over the $300,000 in legal fees; the Board needs to talk about what is happening, and he would like to talk to the Commissioners about this case. Mr. Knox stated that is fine with him; he brought this back today because of the problem with F.A.C.T., and the Board authorized continued representation by Fowler White through today.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to authorize Fowler White law firm to continue to represent Brevard County regarding the Miorelli litigation.

Commissioner Cook stated he cannot proceed with it at this time; he is happy to go back in executive session and discuss it; he does not want to hurt the case in public discussion; but at $332,000 and no cap with nothing coming back to the Board, he cannot go forward with that today.

Commissioner Ellis recommended authorization to proceed until the Board can meet in executive session in a few weeks.

Commissioner Scarborough stated there are things going on right now such as the hearing tomorrow, and the County cannot proceed without counsel. Mr. Mills advised there are depositions the following day and the day after that. Commissioner Scarborough stated the bill will not be $300,000 if it is continued for a week; but it will incur some expenses prior to meeting in executive session. Mr. Knox advised the Board has a night meeting scheduled for March 14, 1995, and he could probably advertise it for then. Commissioner Scarborough advised he will make that part of the motion. Commissioner Ellis inquired if the firm can meet with the Board; with Mr. Mills responding he will plan to be there, and if there is a problem, he will contact the County immediately.

Chairman Higgs advised the motion is to proceed with Fowler, White as counsel in the Miorelli litigation until the Board goes into executive session on March 14, 1995, at 4:00 p.m.

Commissioner Cook stated it is ratifying what is proposed in the budget unless the Board is saying it will continue with the law firm until it goes into executive session at the next meeting. He stated he hopes the Board is not approving this budget today because there are a lot of items he needs to discuss, but will not do it now because of the advice of the County Attorney. Commissioner Scarborough stated all the Board can do is continue the firm until the 14th.

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

Chairman Higgs advised Mr. Mills asked for expansion of the time from 8 hours a day to 10 hours a day and to submit bills to the County for direct payment; and inquired if the Board wished to act on that.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to authorize Fowler White law firm to directly submit bills to the County Attorney for approval and direct payment, and to bill up to ten hours a day for attorneys' fees. Motion carried and ordered unanimously.

DISCUSSION, RE: ALTERNATIVES FOR DISTRICTS 2 AND 4 TDC APPOINTMENTS

County Manager Tom Jenkins advised he put the item on the Agenda for clarification of appointment to the Tourist Development Council, and provided two options; one is to rescind the appointment that occurred several weeks ago, and the other is Commissioners O'Brien and Cook swap the slots they have so that Commissioner O'Brien can make his appointment now and Commissioner Cook can make an appointment when Mr. Fisher's term expires in October.

Commissioner Cook advised if Commissioner O'Brien wants to withdraw his appointment of Roger Dobson, he will appoint Mr. Dobson to fill the term of Carson Justice; and that should solve the problem with Mr. Fisher rather than swapping.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to withdraw the appointment of Roger Dobson to the Tourist Development Council made on January 26, 1995. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to appoint Roger Dobson, 6245 S. Tropical Trail, Merritt Island 32952, to the Tourist Development Council, replacing Carson Justice with term expiring October 7, 1997. Motion carried and ordered unanimously.

Commissioner Cook advised Mr. Justice had to resign because he switched professions, but at the end of his term, Mr. Dobson's term will expire, and he will have a new appointment to the TDC.

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

Commissioner Ellis advised he raised the question about having some kind of certification of indigence to certify they are truly indigent residents; and inquired if that is done by the Public Defender, Judge, or Court Administration.

County Attorney Scott Knox advised he has his staff look into that and did a memo which is on his desk, but he has not had a chance to read it yet. He stated he will send copies of the memo to the Commissioners tomorrow.

Commissioner Ellis stated he wants to know if indigence certification is done before he gives them more money. Commissioner Cook stated the Public Defender can force the County to pay by going to court, but it is still a state responsibility and should not be the responsibility of Brevard County taxpayers; so he would like to see that memo before he votes. Commissioner O'Brien expressed similar concerns about indigence.

County Manager Tom Jenkins advised the item is already funded in the budget and the money has been expended; and the contract was requested by Finance, so it can be continued without interrupting the program.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to table the agreement with the Public Defender for legal representation of indigent defendants until March 21, 1995. Motion carried and ordered unanimously.

DISCUSSION, RE: AGENDA PROCESS

Commissioner O'Brien stated he finds it annoying that they are still receiving add ons to the Agenda sometimes on Mondays; there should be a close out time where he can review the items, do some research, and be ready to make intelligent decisions; he does not mind getting a real emergency add on; but a lot of the add ons they have gotten are not emergencies. He stated they are pushed through the system and brought to the Commissioners extremely late; a lot of them were from Commissioners and some perhaps from his office; but the point is to see if the Board will agree by Friday noon everything must be in unless it is a true emergency. Commissioner Cook stated the Board could agree to that informally. Commissioner O'Brien stated if the Board agrees, then it should direct staff accordingly. He stated some times Monday nights things come out of his FAX that were added to the Agenda and he does not see them because he does not stop by the office before coming to the meeting. He stated there should not be anything coming in after 5:00 p.m. on Monday.

Chairman Higgs inquired if Commissioner O'Brien is referring to new items and not additional information because she agrees all items should be on the agenda by Friday unless there is a dire emergency; however, she wants to get information as early as she can get it, but if someone has information, she would not tell them not to give her the information up to the minute she walks in.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to direct staff that by noon on Fridays prior to the Tuesday meetings there will be no add-ons to the Agenda unless it is a real emergency; and that all information be received by Commissioners no later than noon on the Mondays prior to the Tuesday meetings, and if not, to remove the item from the Agenda.

County Manager Tom Jenkins advised staff should not add anything to the Agenda after Friday; however, there are others who have access to the Agenda besides staff; there are occasions when they get a FAX from a third party on Mondays; and inquired if they should delay the item and not give the FAX to the Commissioners. He stated staff will do whatever the Board wants it to do.

Commissioner Cook stated he agrees with Commissioner Higgs on backup information and will take it any time he can get it; but Commissioner O'Brien makes a good point that Friday noon should be the drop dead time.

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

AUTHORIZATION, RE: USE OF DAVID DEE IN SOLID WASTE MATTERS

County Attorney Scott Knox advised he received a letter from Carlton Fields law firm indicating Mr. Dee was leaving that firm and going to Landers and Parsons; they asked if the County wanted to continue using them as special counsel on Solid Waste matters or if it wants to use Mr. Dee; so he contacted Mr. Rabon who indicated his desire to continue to use Mr. Dee.

Motion by Commissioner O'Brien, seconded by Commissioner Ellis, to authorize continued use of the services of Attorney David Dee for Solid Waste permitting matters. Motion carried and ordered unanimously.

DISCUSSION, RE: REVISION OF ORDINANCE AFFECTING FENCES

Commissioner Ellis advised if people wanted eight-foot fences in their backyards, they should be allowed to have them; many people prefer an eight-foot fence for privacy; and some people have large dogs that have the ability to jump a six-foot fence.

Commissioner Cook stated the only way he could support that is if the lot backed up to a major highway or arterial road and the fence would be a sound barrier, but not in a residential area because it could devalue property.

Motion by Commissioner Ellis, to amend the Ordinance affecting fences to increase the maximum height of residential fences to eight feet. Motion died for lack of a second.

Commissioner Ellis stated it would be nice to have justification of why it is six feet because the burden of proof is on government, if it makes a rule, to justify it.

DISCUSSION, RE: STORMWATER UTILITY FEE EXEMPTIONS FOR GOVERNMENT PROPERTIES

Commissioner Ellis advised it is a waste of paper work and billing time taking money from one hand and putting it into the other; the County has golf courses paying stormwater fees to the Surface Water Improvement Division; and he does not see the point in taxing itself to churn up paper work. He stated it is not a wise use of funds or time.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to exempt County properties from the stormwater utility fee.

Commissioner Scarborough inquired if the Board is going to exempt other public entities from paying the stormwater fee; with Surface Water Improvement Director Ron Jones responding it would be preferable to exempt government properties. Commissioner Ellis inquired what other governments are there; with Mr. Jones responding TiCo Airport Authority pays stormwater utility fees, but the cities are exempt.

Commissioner Ellis amended the motion to exempt government-owned properties.

Chairman Higgs inquired what would the fiscal impact be to the surface water budget; with Mr. Jones responding $169,649, broken down to $78,402 in District 1, $32,888 in District 2, $43,313 in District 3, $14,258 in District 4, and $787.29 in District 5. Chairman Higgs stated she will not support the motion because the County should treat itself in the same way it treats everyone else; if it receives credits for retention areas or surface water improvements, it should get those; but it should also treat itself the same way as everyone else.

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

Chairman Higgs inquired if staff needs to amend the Ordinance and return it to the Board; with Mr. Jones responding the fee is governed by an annual rate resolution so at the Board's direction, they will modify the resolution which may require a public hearing. County Attorney Scott Knox advised there is an annual public hearing on that.

Chairman Higgs inquired if it will not be in effect until the next budget; with Mr. Knox responding they could modify the resolution immediately. Commissioner Ellis stated the fees are already collected so it should not take effect until next year.

CONSENT AGREEMENT WITH JEFFREY AND JANICE CLIFT, RE: RESTORATION OF LAND CLEARING VIOLATION

Land Development Director John Sternagel advised the consent agreement is for a single-family residential lot of approximately one acre in size; the owner cleared 8/10ths of the acre; and the builder was in the process of applying for a building permit. He stated typically staff requires the number of landscaping points removed from the site be replaced with the same number; the Ordinance specifically identifies types of trees and vegetation and assigns points based on the size of that vegetation; and in this case the planting of eight trees will satisfy the restoration requirement. Mr. Sternagel advised the owner has offered to plant additional 14 trees for a total of 21 trees.

Commissioner O'Brien inquired how this compares with Code Enforcement fining someone $14,000 for noncompliance, when this person did something rash. Commissioner Ellis stated he cleared his own land; with Commissioner O'Brien responding Code Enforcement cited a guy who parked cars in his own driveway. County Manager Tom Jenkins advised it is negotiated by staff and does not go through the Code Enforcement Board. Commissioner Scarborough advised if he had gotten the building permit before clearing the land he would probably not have been in violation at all.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Consent Agreement with Jeffrey and Janice Clift to restore land clearing violation. Motion carried and ordered unanimously.

ADDENDUM NO. 2 TO WORK ORDER NO. 1 TO AGREEMENT WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC., RE: SOLID WASTE MANAGEMENT SYSTEM

Commissioner Ellis advised the reason the Board needs this Addendum is because of two vacancies; he understands the need to do the Addendum; but if the County is paying $123,000, they should delay filling those vacancies. He stated because Solid Waste lost two people, they had to hire Post Buckley because they could not bring someone on and up to speed; however, if Post Buckley is paid to do the job that would have been done by those two positions, then they should not fill those vacancies until the next fiscal year. Commissioner Cook suggested eliminating the two positions; with Commissioner Ellis responding the $123,000 will not last forever, so they should not eliminate the positions but not fill them until next fiscal year.

Solid Waste Management Director Richard Rabon advised there will be more consultants if those positions are not filled; the County is doing a lot of construction and this is one of the major projects, but bids were opened for another project this afternoon and another one yesterday. He stated if they do not put those people on, they will have to continue to hire consultants at much higher prices than they would pay staff to do it; and it will defeat the purpose if that is to save money.

Commissioner Cook stated he wonders if that is true when comparing the short-term cost of a consultant to hiring a lifetime employee with benefits, retirement, etc; and he concurs if the purpose of hiring the consultant is to replace two individuals, then they should not fill the vacancies until the next budget cycle.

Chairman Higgs advised Mr. Rabon is saying those individuals will supervise other projects as well, and to pay Post Buckley and other consultants to monitor additional construction projects will cost more each time. Mr. Rabon stated that is true, and those people do other work that is not being done or being done by others on an interim basis until they can replace them. Chairman Higgs inquired about the salary for the two positions; with Mr. Rabon responding the whole contract is for $123,360; the additional construction services for Sarno facility is $80,000 of that $123,360; there is some design changes at approximately $24,000 for Melbourne Transfer Station and there is about $18,000 for construction services related to the transfer station when that project is bid. Chairman Higgs inquired if it is $80,000 for construction services on this project alone; with Mr. Rabon responding that is correct. Chairman Higgs inquired what is the combined salaries of the two people; with Mr. Rabon responding about $80,000 and slightly more with benefits. Chairman Higgs inquired what else do those people do; with Mr. Rabon responding one was the safety officer, and in addition to construction work, he did all safety training in all their facilities. Chairman Higgs inquired who is doing it now; with Mr. Rabon responding they relegated it to front line supervisors.

Commissioner Cook stated the County has a safety officer; with Mr. Rabon responding but there is only one and most of the meetings and safety events are required by OSHA and others and not things they do because they like to do them. He stated there are some that are mandatory and they have to do those.

The Board discussed the salary of the safety officer when he left, the number of construction projects, use of consultants even with the two positions, the cost of two employees versus hiring consultants, and additional jobs of the two special projects coordinators.

Mr. Rabon advised the special projects coordinators or engineers are assigned as project managers so they can oversee the consultants and contractors; they can relieve a lot of construction inspection burden by doing day to day work and save a significant amount of money; and at the same time, they get double benefit of project management and other things they do. He stated they cannot manage those projects without staff; if they try to hire outside management strictly with consulting engineers, eventually they will lose something; the County needs the owners representative out there to manage it; and when they turn it completely over to consultants, there is a separation, and that may not always represent the County's interest.

Commissioner Scarborough inquired if the Board did not approve the contract and authorized Mr. Rabon to hire two people would that work; with Mr. Rabon responding not in this case because the project is already under construction. Commissioner Scarborough inquired if the contract could be limited not to spend the full $123,000 and allow Mr. Rabon to get his men; with Mr. Rabon responding no. County Manager Tom Jenkins advised $80,000 of the $123,000 applies to the oversight, and Mr. Rabon is also getting additional design work from Post Buckley. Commissioner Cook stated one way or another the Board has to hire two people and go with this Addendum.

Motion by Commissioner Scarborough, seconded for discussion by Commissioner Ellis, to execute Addendum No. 2 to Work Order No. 1 to Agreement with Post, Buckley, Schuh & Jernigan, Inc. for Solid Waste Management System projects.

The Board discussed the length of the vacancies, transferring someone from Engineering, delaying of start dates, hiring consultants or providing in-house inspections, possibility of saving money on future projects by hiring one inspector, one inspector being hired at Christmas that is new and not up to speed yet, and specialization of landfill projects.

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

Chairman Higgs inquired if Solid Waste has adequate personnel to avoid additional costs on other construction projects; with Mr. Rabon responding no, he would need a special projects coordinator with construction inspection experience.

Commissioner Cook inquired if Mr. Rabon wants to fill the other position and still come back to the Board for additional consultant items; with Mr. Rabon responding Gee and Jenson will do the same if the County does not have someone to fill the gap. Commissioner Cook inquired if Mr. Rabon has to hire additional personnel and outside consultants; with Mr. Rabon responding it is either or.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to allow Solid Waste Management to fill the second position of special projects coordinator. Motion carried and ordered; Commissioner Cook voted nay.

ACKNOWLEDGE, RE: INTERNAL AUDIT OF LIBRARY SERVICES DEPARTMENT

Commissioner O'Brien advised the internal audit of the Library Services Department points out a lot of things that are wrong, for example, the Department's system of accounting and administrative control is inadequate, significant improvement is needed over cash controls, Board approval should be obtained for destruction of revenue records, and agreements should be in writing, motion by Commissioner O'Brien, to direct staff that revenue records shall not be destroyed without Board approval, and all agreements must be in writing.

Commissioner O'Brien stated the Library Department is seemingly out of control; and inquired who is in charge and why appropriate action has not been taken. He stated the libraries have been around for 50 years; funds are being diverted to support other County functions; personnel rolls are not purged in a timely manner; cash controls are weak; and the Board needs to take immediate, direct, and firm action to correct the problems. He identified findings of the audit that cash from coin- operated machines are not verified; some cash is going into accounts of The Friends of the Library; the Department is not collecting and paying sales tax; the maintenance contract was made without Board approval and is not in the contract database; the County does not control operating income generated by Merritt Island Library; controls for reconciling and processing cash are weak; the Department is conducting business with non-county entities without an agreement; and there are no written procedures to require receipting of cash received.

Library Services Director Kathryn Stewart responded the Department was not required to collect or pay sales tax prior to this time; and as soon as they found out the County had to pay it, they did so. She stated they wrote procedures that were approved by the Finance Department and Audit Department, and they are in place now; the maintenance agreement was presented to the Board and required signatures on both documents; it was put in as one item on the Agenda rather than separate items; and it was signed by the Board. Commissioner O'Brien stated it may have been signed but the requested action and minutes refer only to permission to negotiate the contract; and the Board did not identify the maintenance agreement that cost $161,000 as part of that negotiation. Ms. Stewart advised they followed procedures and brought it to the Board; it was signed by the Board at the meeting and not at a later date; so it was done according to procedures. Commissioner O'Brien stated the agreement was not recorded in the contract database; with Ms. Stewart responding the second agreement was considered as one contract with the same company; it was agreed to by the Board and signed and considered as one agreement; and only the Audit Department considers it a second agreement. She stated the Merritt Island Library Tax District has always done its own thing; staff has tried several times to have some control of operating income generated by that Library; and it has finally been corrected. She stated as of January, 1995, the Library Board was instructed that they had to comply with this requirement. Commissioner O'Brien inquired if Ms. Stewart was aware in 1989 that an agreement between the Library Board and the County provided that the County would have exclusive control over the collection of income attributable to the operation of the library; with Ms. Stewart responding that was agreed to by the former Commissioner of District 2 that it would not be done, so it was not done.

Commissioner Cook inquired how could that happen when the County had an Administrative Code that said it could not be done; and why was it not brought back to the Board if a commissioner had instructed that. Commissioner O'Brien inquired if Ms. Stewart was personally told do not do that; with Ms. Stewart responding no. Commissioner O'Brien inquired how did it happen; with Ms. Stewart responding it has been a standard practice for Merritt Island Library Board. Commissioner O'Brien stated the Agreement was done on November 7, 1989, and now it is 1995; and inquired why it was not implemented; with Ms. Stewart responding they have implemented and followed through now and staff was directed to do it. Commissioner O'Brien inquired who directed staff to do it; with Ms. Stewart responding she directed the Library Director of Merritt Island Library that he had no choice but to do it. Commissioner O'Brien inquired who directed Ms. Stewart earlier to do the opposite; with Ms. Stewart responding it was their standard practice before she came to Brevard County, and it was followed through and worked that way by their Board. Commissioner Cook stated he cannot accept standard practice as an excuse; it is not adequate; and if it is wrong it is wrong and should have been corrected. Ms. Stewart stated she agrees, and it was corrected as soon as they were able to do so.

Commissioner O'Brien questioned the personnel roll showing inactive employees in an active status; with Ms. Stewart responding they have temporary employees who fill in on an as-needed basis; they kept those time cards because they have those employees on call; and rather then terminate them then bring them in the next week, it was decided by the Human Resources staff that it was best to leave them on the roll and use them as needed. She stated when this was brought up, they discussed it again with Human Resources, and it was decided to terminate all that were not active for a certain period of time. Commissioner O'Brien questioned the use of revenues to offset the cost of the County's Records Management Program which is not a library service; with County Manager Tom Jenkins responding it is the County's Archives Program; the Archives were removed from the third story of the Historic Courthouse in Titusville, assembled in a format where the public can have access; and it is debatable whether it is part of the Library System or not. County Attorney Scott Knox advised he agrees, but the Clerk's and his legal opinion differ on that. Mr. Jenkins advised they are gradually removing it from the Library budget and making it a General Fund item, but it will be done over a period of several years because they did not have an Archives Program before this. Commissioner O'Brien questioned Finding No. 7 that records needed to generate potential revenue were destroyed without Board approval; with Ms. Stewart responding they have a difference of opinion on that; the computer records have been deleted but the paper records are still available and are in Archives; however, it takes longer to get that information out.

Chairman Higgs inquired how does the Library collect those fines; with Ms. Stewart responding they keep track of them; the individuals are still listed on the computer as having those receipts outstanding; if a patron comes back, he is stopped after he reaches $5.00; and sometimes they do not return.

Commissioner O'Brien inquired about the Department conducting business with non-county entities without agreements; with Ms. Stewart responding non-county entities are The Friends of the Library and Library Boards; Merritt Island Library Board is appointed by the Governor and have the right to raise funds; all the money collected by The Friends of the Library go back into the library; and they are not dealing with any other non-county entity. Commissioner O'Brien questioned collecting money from copy machines and depositing the money in accounts belonging to third parties such as library boards and friends of the library and a library employee having access to the bank account; with Ms. Stewart responding that is not correct. Commissioner O'Brien advised any business relationship should be well defined with duties, rights, and obligations in written agreements; and inquired if Ms. Stewart contacted the Friends of the Library or local library boards about agreements; with Ms. Stewart responding they have prepared agreements with the County Attorney's Office; it is in the process of being revised right now; and it will be sent out.

Chairman Higgs inquired who services the copy machines; with Ms. Stewart responding if they are owned by The Friends of the Library, they must service or have a maintenance contract; staff does not do any maintenance or put paper, toner, or anything else in the machines. Chairman Higgs inquired how much revenue is being collected for copiers; with Ms. Stewart responding between $3,000 and $5,000 a year.

Commissioner O'Brien advised Finding 10 says there are no procedures to require receipting of all cash received; in the absence of an automated system, any payments made in amounts less than $2.00 can be easily omitted from deposits and the loss never detected. Ms. Stewart advised the present procedure was approved by the Board; the Resolution was brought to the Board stating they will not provide receipts for under $2.00; and the Board approved that. She stated anything over $2.00 or if a patron requests it, they will provide a receipt; they have checked with other counties in the state and some do not provide receipts for less than $10.00 and some do not provide receipts unless requested; so staff felt $2.00 was something they could present to the Board and request its consideration. Commissioner O'Brien referred to the coin-operated copy machines revenues not being verified and no written procedures to provide assurance that all revenue from the machines is deposited; with Ms. Stewart responding they are in the process of writing a procedure, but the auditors want two people to count all the money from each coin-op; in some cases when they only have a staff of five, it is not possible to have two people go around and do that; so they have one person who is doing it. She noted they go early before the libraries are open and without the public being there; and they do not have the staff to have two people go to every coin-op in the libraries and count the money and verify that someone is not pocketing a dime.

Commissioner Ellis inquired if the machines have a counter; with Ms. Stewart responding yes, but staff has a key to bypass the coin-op for library purposes, but it does not bypass the counter.

Commissioner Cook stated this is a rather scathing audit; he is concerned about the Library System; the audit points out a lot of areas that should be addressed and should not ever have gotten to that point; the audits are serious because they point out things that the County should comply with and address public funds; and this is one of the most critical audits he has ever seen.

Commissioner Ellis stated a lot of the policies were carryovers from the old days when libraries were run by the cities; and it may look bad, but they are all things that can easily be corrected once they make the commitment to go in and correct it. Commissioner Cook stated it is not justifiable to say that is the way they did it when there are procedures in place that should be followed.

Commissioner Scarborough advised the question is have the problems been addressed and taken care of or is there a dispute and staff does not recognize the problem; it looks like staff is creating controls to take care of the problems except for having two people count the change. Ms. Stewart stated the cash registers is an item of dispute, but if the Board directs them, they will do it. Commissioner Scarborough stated the $2.00 receipt is a Board policy staff is following; and the Board can amend the policy if it wants to do that.

Commissioner Cook advised the ultimate responsibility is the County Manager's; he is the guy who runs the operations; and he is expressing his concerns to him. He stated Ms. Stewart works in the system and is his responsibility; and he wants to say this shows shoddy procedures and should be cleaned up.

Mr. Jenkins advised he hears what is being said and takes the matter very serious; however, used in a constructive sense, an audit is an opportunity to have a third party identify areas that need to be improved. He stated of the 11 items, two appear to be from prior audits which means 9 were not previously reported that needed to be corrected; of the two items, one is that library funds are being used to support other County functions which is the Archives; and there is a philosophical difference between him and the auditor on that, but they could move General Fund money to support the Archives. Mr. Jenkins stated the other item is the cash receipt for less than $2.00; everything else appears to be new issues; he is not suggesting they are not significant and do not warrant immediate correction, and in most cases they have been corrected; but he will handle it as an opportunity to continue to improve operations and take it as constructive input.

Commissioner Ellis advised that is the way he looks at it too, to treat most audits in a constructive manner; and he prefers to look at an audit as a positive thing to be done than as an adversarial relationship. He stated his concern are the items previously audited that are still problems.

Commissioner Cook stated in a perfect world that would be great, but people do mis-manage and make mistakes, and those need to be pointed out when there is an expenditure of public funds. He stated he does not think anything he said should be taken as anything other than real serious concerns; it is a very damning audit; and it is the County Manager's responsibility to make sure it is corrected.

Commissioner O'Brien advised it is an age-old problem with libraries; they have counted money for years and no one thought that these problems would pop up and that they should take corrective action long before the audit took place; pre-thought and County procedures should have been there 20 years ago, not in 1995; and he is very concerned about what he read in the audit.

Chairman Higgs inquired if the Board desired any action other than to be advised of implementation of all the corrective actions.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to acknowledge receipt of the internal audit conducted of the Library Services Department; and direct the County Manager to advise the Board as things are resolved. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Commissioner O'Brien questioned telephone charges from Tallahassee on New Year's Eve and FAX charges as high as $98 on the bill from Carlton, Fields, Ward, Emmanuel, Smith & Cutter, P.A.; with Chairman Higgs responding the Board is paying a total of $219 which is $195 for professional services, $5.00 for FAX, $3.60 for copies, etc. Commissioner O'Brien questioned the Sheriff's SID special vehicles at $27,000; and inquired if it is car rental for one month. Commissioner Cook recommended the Board request supporting documentation for expenses and pull the bill from the bill folder.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to pull the Sheriff's Request for Reimbursement for $35,635 from the Forfeiture Fund 6030 from the bill folder; and direct the County Manager to request additional information. Motion carried and ordered unanimously.

Commissioner O'Brien advised he has 13 pages of a murder case; multiplied by the number of copies made to put in all the books and for everyone's package, it amounts to a lot of waste of paper; and inquired if that document is necessary to be included in the bill folder.

Chairman Higgs instructed the County Manager to ask the Clerk if the Board needs to have that kind of detail in the bill folder.

Commissioner O'Brien advised King Reporting Service charged $734 for 362 pages of the original transcript; and the copies were $1.00 a page and were done twice. Commissioner Cook advised they charge $4.00 a page for the original and $1.00 a page for each copy. Commissioner Ellis stated for this item they charged $2.00 for the original and $1.00 for the copy. Commissioner O'Brien stated it is robbery, and the Board is allowing itself to be ripped off. Commissioner Scarborough stated transcribing is a chore and requires a special technique, but why there is so much charge for the copy he does not understand. He stated sometimes the transcripts are filed in the Courthouse and attorneys go there to make copies and save the cost. Commissioner Cook stated he understands the original charge to transcribe it because it is a tedious chore, but questions $1.00 a page for copies. Mr. Jenkins responded he will get an answer for the Board.

Chairman Higgs advised nobody books in advance for air transportation so the County is paying outrageous air fares; in this case, someone flew in on Sunday and out on Thursday; and the County is paying $1,176.00. She inquired if there is a way to control those travel costs. Commissioner O'Brien recommended requiring they fly tourist class; with Chairman Higgs responding they are coach class, but they are booking them up to the day ahead. She stated the Board needs to get a control on those witness fees. Commissioner Ellis recommended the item be pulled from the bill folder to find out why it cost so much. Chairman Higgs stated the air fares are three times what they could pay if they booked them in advance; and recommended pulling Titusville United National Travel bill from the bill folder.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve the bills and budget transfers except for the request for reimbursement from the Sheriff and travel voucher for witness Hope McCullum. Motion carried and ordered unanimously.

DISCUSSION, RE: HIRING FREEZE

Commissioner Cook advised the hiring freeze expired on Sunday so the Board may want to put it on the Agenda for its next meeting and in the meantime the County Manager keep an eye on what is going on. County Manager Tom Jenkins inquired if that means to keep the freeze on; with Commissioner Cook responding no, but not let the flood gates open; essential people okay; he has to trust the judgment of the County Manager; and to put it on the Agenda for the next Board meeting.

Commissioner Ellis indicated a lot of people can be hired before the next meeting, and he would like to decide right now whether or not to extend the freeze.

Chairman Higgs stated it is wrong; it is not on the Agenda; there is nobody at the meeting; and that is the kind of thing Commissioner Ellis has consistently objected to.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to direct the County Manager to come before the Board and tell it how many people were hired in the last 30 days.

Chairman Higgs stated the item should be put on the Agenda and dealt with then. Commissioner Scarborough stated there is a motion and second to get information on a monthly basis, and he sees no problem with that. Chairman Higgs stated the Board is acting on an item that was not on the Agenda and nobody has knowledge of it. Commissioner Cook recommended the item be put on the Agenda for the next meeting also. Commissioner Scarborough advised this can be viewed as a separate item from the hiring freeze and is just to let the Board know where it stands with new employees. Chairman Higgs stated it is a fine idea, but she will vote against it because she objects acting on items that have not been previously put on the Agenda and no one has any idea what is going on.

Chairman Higgs advised the motion is to ask the County Manager to report on new hires once a month; and called for a vote on the motion. Motion carried and ordered; Commissioner Higgs voted nay.

Commissioner Ellis stated it is just for information purposes; with Chairman Higgs responding she understands that, but it is the same kind of garbage they should not do. She stated the Board will ask for information this time, and next time it may take action on something; and that is not right.

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to reconsider the motion to request a report from the County Manager on new hires, and schedule it for consideration by the Board on March 14, 1995 along with the hiring freeze. Motion carried and ordered unanimously.

Commissioner Cook noted the County Manager understands the direction to keep an eye on what is going on and not open the flood gates.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 6:43 p.m.

NANCY N. HIGGS, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

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