The Board of County Commissioners of Brevard County, Florida, met in regular session on May 28, 1996, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 St. Johns Street, Melbourne, Florida. Present were: Chairman Mark Cook, Commissioners Truman Scarborough, Randy O?Brien, Nancy Higgs, and Scott Ellis, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Randy O?Brien of District 2.

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

DISCUSSION, RE: ADDITIONAL ZONING MEETING

County Manager Tom Jenkins advised there is a large zoning agenda scheduled for the end of July, 1996; staff is proposing the Board consider options to address the agenda; one option is to have a second zoning meeting and continue a portion of the agenda to such meeting; and the other option is to start the meeting at 1:30 p.m., take a dinner break, and come back and finish that same day. Discussion ensued on the options given by the County Manager.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to schedule an additional zoning meeting for August 8, 1996 at 5:30 p.m. Motion carried and ordered. Commissioners Scarborough, Cook and Ellis voted aye; Commissioners O?Brien and Higgs voted nay.

ANNOUNCEMENT

Commissioner O?Brien stated his Special Assistant, Chuck Maxwell, suffered a heart attack at 2:00 a.m. yesterday morning; and requested everyone remember him in their prayers so hopefully everything will come out all right.

LETTER TO DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: MANATEE PROTECTION PLAN

Motion by Commissioner Ellis, seconded by Commissioner O?Brien, to authorize sending a letter to Department of Environmental Protection (DEP) communicating the modifications Brevard County is looking at to the Manatee Protection Plan, advising the Department that the Board still has public hearings and may have additional changes and input from the public and cities, and it wants to know if Mr. Frohlich?s statements are correct that if the Board makes any changes, such Plan is dead. Motion carried and ordered unanimously.

DISCUSSION, RE: COMMUNITY BASED ORGANIZATIONS

Chairman Cook advised the Community Based Organizations Committee (CBO) is meeting today; there has been a ruling by the County Attorney that the $288,000 Circles of Care received last year out of the $650,000 the County set aside is excluded this year by virtue of State law; and it will not come out of the CBO monies. County Attorney Scott Knox stated he is not aware of that ruling. Chairman Cook stated the County needs to specify that it set aside $650,000, but if the $288,000 for Circles of Care is coming out of another fund, then the CBO budget has to be reduced by $288,000; and it needs to be clear to the Committee.

Commissioner Higgs stated the $288,000 is not set aside for anyone as the County goes into the process; that is the important point; in the budget, it is proposing to set aside $650,000; and no one has determined where any of that money will be. Chairman Cook stated he agrees; the clarification he is looking for is the fact that if those monies for Circles of Care do not come from the $650,000, then it would have to be reduced. Chairman Higgs noted she is not in a position to say that; she understands as the County went into the $650,000, it is set aside for programs leveraging community based organizations; she is not prepared to set aside any of the $650,000 or make a determination that out of the budget the County would set aside any dollars for any agency; and she is not ready to set aside any money. Chairman Cook stated he concurs and that is not the Board?s role here today; but there is some confusion on it from some of the Committee members.

Housing and Human Services Director Bernice Jackson advised the Community Based Organization dollars last year were approximately $650,000; the process this year was to allow all organizations that wanted to apply for funding to make a presentation before the Advisory Board; and traditionally, the County had split the dollars that were funded for Circles of Care under a comprehensive package, along with Human Resources dollars that are paid for employees. She stated Assistant County Manager Joan Madden requested an opinion from the County Attorney?s Office, but has not yet received that opinion on whether the $288,000 is part of the mandated services for the indigent population; the best staff can understand right now is that it is because it is part of the Baker Act; it is a part of intake and treatment services; and until the opinion is received from the County Attorney, she cannot be sure of that. She stated if it is all mandated dollars, staff would have to ask for General Fund dollars to support that.

Chairman Cook stated if that is the case and it is Baker Act money which is mandated or partially mandated, the money will then have to come out of General Fund; and the County will have to lower the $650,000 by that amount because it cannot be funding them both.

County Manager Tom Jenkins inquired if staff can research it and report back to the Board at its next regular meeting; with Chairman Cook responding affirmatively.

DISCUSSION, RE: TRUCKS AND SEMI?S ON VIERA BOULEVARD

Chairman Cook requested the County Manager look into trucks and semi?s on Viera Boulevard and/or Murrell Road; stated residents are concerned that there is heavy truck activity there; he does not know what can be done; and he would like to see if any measures can be taken from a traffic engineering standpoint.

DISCUSSION, RE: DELTA DENTAL CONTRACT

Chairman Cook stated on the Delta Dental Contract, part of the Board action was to include the Orange County performance standards; that needs to be made part of the Contract before he signs it; and the current Contract makes no reference to the Orange County standards.

County Manager Tom Jenkins stated the Contract is being modified and will be re-executed with such standards in it.

PERSONAL APPEARANCES - WATER RESOURCES DEPARTMENT STAFF, RE: PRESENTATION OF PLAQUES IN RECOGNITION OF AWARDS RECEIVED FOR JOHN D. WRIGHT AND PORT ST. JOHN WASTEWATER TREATMENT PLANTS

Water Resources Director Richard Martens stated every year the State and the Professional Water Resources Community present awards to treatment plants for their operations; this year, County staff received two awards; one is a Department of Environmental Protection (DEP) award called the David York Reuse Award, which is presented to a facility that best develops and maintains a reuse plant in the State; and the award is for treatment plants of one million gallons a day or smaller. He stated present from the Port St. John Plant to receive the award are Chief Operator Tony Coco, Randy May, and Jim Lynk, the mechanic who maintains the Plant. He stated County staff also received from the Florida Water and Pollution Control Operators Association the Earle B. Phelps Award for the best secondary treatment plant in the State in the Category of 1 to 5 MGD?s, which includes most of the plants that Brevard County operates. He stated present are Ed Cantwell, former Chief Plant Operator, Mark Farias, Acting Chief Operator, Jerry Hensley, Plant Operator at the John D. Wright Plant in Mims; and Jim Lynk, who also is the mechanic who maintains the Plant.

The Board commended and presented plaques to the wastewater staff of the John D. Wright and Port St. John Wastewater Treatment Plants for winning two awards presented at the Florida Water Resources Conference held the first week in May, 1996.

DISCUSSION, RE: FLORIDA TODAY NEWSPAPER

Chairman Cook stated yesterday there was another wetlands story in the Florida TODAY Newspaper; one of the comments Mr. Misselhorn has is that the Board voted to allow commercial development and an undetermined amount of residential developments to increase in wetlands; and it is not correct. He noted there is a statement from someone with an organization who said, ?At this point, we would be reducing wetlands in the County by thousands of acres?; it is patently untrue; it is not even challenged by the reporter; there is not a policy maker quoted in this particular article; and it is ridiculous. He stated he is tired of the distortion of Florida TODAY on the wetlands issue; and it is a disservice to the community. Chairman Cook stated the Board has a concern for the wetlands and the environment; and he hates to see things like this.

PERSONAL APPEARANCE - MARTIN HADLEY, VALKARIA AVIATION ASSOCIATION, RE: RESOLUTION INTERNATIONAL YOUNG EAGLES DAY

Commissioner Higgs read aloud a resolution proclaiming June 8, 1996, as International Young Eagles Day in Brevard County; and presented it to Martin Hadley.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution proclaiming June 8, 1996, as International Young Eagles Day in Brevard County, and encouraging citizens to participate in activities in recognition of the Young Eagles Program. Motion carried and ordered unanimously.

Martin Hadley expressed appreciation to the Board for the Resolution and its continued support.

Commissioner Higgs thanked the Valkaria Aviation Association for its support of this activity.

PUBLIC HEARING, RE: ORDINANCE REVISING PERSONNEL RULES AND MERIT SYSTEM

Chairman Cook called for the public hearing to consider an ordinance revising personnel rules and merit system.

County Manager Tom Jenkins advised staff incorporated the changes the Board proposed at the last meeting; and Human Resources Director Frank Abbate circulated such changes extensively throughout the organization. He inquired if any comments were received; with Mr. Abbate responding only a few comments were received and they were positive.

Commissioner O?Brien stated staff has a great plan, especially in the merit rules. Mr. Jenkins stated he gives credit to Mr. Abbate, the department heads and employees who have put so much time into this; and it has been a real team effort.

Commissioner Ellis stated it is a very good plan; the County has reduced the number of job classifications to get a more flexible workforce; by having fewer classifications, it could have a more productive, more responsive workforce; private industry has been going that way for years; and he is glad to see the County is also going in that direction. He stated not only does the County get a more responsive workforce, but more responsible; and it has the ability to delegate more authority down to lower levels of government to the person who actually handles the customer.

Commissioner Ellis stated the only way to have a more effective government and lower cost is to push the responsibility down the management pyramid to the bottom levels.

There being no further comments or objections heard, motion was made by Commissioner O?Brien, seconded by Commissioner Ellis, to adopt Ordinance amending Brevard County Code, Chapter 82, Personnel; amending Section 82-1, Definitions, to update terminology, delete obsolete terminology, and include placement of an employee on probation as a type of disciplinary action; amending Section 82-2, Purpose and Intent, to update terminology and include provisions relating to prohibition of discrimination; amending Section 82-3, County Service, to update terminology, and include grant funded employees in appointive service; amending Section 82-4, Method of Staffing, to update terminology; amending Section 82-5, Director of Human Resources, to update terminology and remove Human Resources Director from career service; amending Section 82-6, Personnel Council, to update terminology and delete specification of calendar year for terms of office; amending Section 82-7, Personnel Rules, to update terminology and include placement of an employee on probation as a type of disciplinary action; amending Section 82-8, Classification Plan, to update terminology, include requirement of position descriptions, and specify certain actions which apply only to positions in the career service; amending Section 82-9, Promotions, to delete reference to length of service and update terminology; amending Section 82-10, Transfers and Demotions, to include allowing transfers between equal job classes to coincide with current personnel rule, specify that involuntary demotions shall be for good cause, delete the right of appeal to the Personnel Council upon demotion, and specify demoted employees may grieve such actions up through the level of the Grievance Committee; amending Section 82-11, Separations, to change title of Section to Suspensions and Separations; repealing Section 82-13, Payroll Certification; replacing Section 82-13, Payroll Certification, with Appeal Procedures for Employees, to update terminology and delete suspensions of more than three working days and demotions from disciplinary actions which may be appealed to the Personnel Council; amending Section 82-14, Cooperation of County Officers and Employees, to update terminology; amending Section 82-15, Activities Prohibited, to update terminology and include provisions related to the prohibition of discrimination and deleting obsolete provisions relating to payroll certification; amending Section 82-16, Service to Other Governmental Units, to update terminology; providing for severability; and providing an effective date. Motion carried and ordered unanimously.

ITEMS PULLED FROM CONSENT AGENDA

Commissioner Ellis pulled Item III.E.2 and Chairman Cook pulled Item III.E.4 from the Consent Agenda.

PERMISSION TO HOLD OUTSIDE MUSIC EVENT AND WAIVE PERMIT APPLICATION REQUIREMENTS, RE: EAST COAST CHRISTIAN CENTER

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to grant permission for the East Coast Christian Center of Merritt Island to hold an outside music event, and waive permit application requirements of medical personnel, security and disclosure of financial backing. Motion carried and ordered unanimously.

RESOLUTION, RE: ADMINISTRATIVE PERMITTING FEE FOR COMMERCIAL VEHICLE PARKING AT RESIDENCE AND FARM ANIMAL AS PET AT RESIDENCE

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to adopt Resolution adding a $25 administrative permitting fee for commercial vehicle parking at a residence and for a farm animal as a pet at a residence. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH FLORIDA EAST COAST RAILWAY COMPANY, RE: LEASE OF SPACE FOR STREET ENCROACHMENT AT MP 168 + 1111' (CITY POINT)

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to execute Amendment to Agreement with Florida East Coast Railway Company for lease of space for street encroachment at MP 168 + 1111' (City Point). Motion carried and ordered unanimously.

PERMISSION FOR CHAIRMAN TO EXECUTE APPLICATIONS TO DEPARTMENT OF COMMUNITY AFFAIRS, RE: DRUG CONTROL AND SYSTEM GRANT FUNDS

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to execute Applications to Department of Community Affairs for Drug Control and System Grant Funds of $334,338, requiring a local match of $111,446. Motion carried and ordered unanimously.

AGREEMENT WITH SOUTH BEACHES LITTLE LEAGUE, RE: ORGANIZED AND SUPERVISED BASEBALL AND SOFTBALL FOR YOUTH AT FLUTIE ATHLETIC COMPLEX

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to execute Agreement with South Beaches Little League for organized and supervised youth baseball and softball at Flutie Athletic Complex. Motion carried and ordered unanimously.

AGREEMENT WITH ROCKLEDGE PARK RACQUET ASSOCIATION, INC., RE: CLUB ACTIVITIES AND FUND RAISING TOURNAMENTS AT ROCKLEDGE PARK

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to execute Agreement with Rockledge Park Racquet Association, Inc. for provision of club activities and fund raising tournaments at Rockledge Park. Motion carried and ordered unanimously.

AGREEMENT WITH NORTH BREVARD BEARS FOOTBALL CLUB, INC., RE: SUPERVISED YOUTH FOOTBALL ACTIVITIES AT GIBSON FIELD

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to execute Agreement with North Brevard Bears Football Club, Inc. for supervised youth football activities at Gibson Field. Motion carried and ordered unanimously.

AGREEMENT WITH PORT ST. JOHN ROCKETS YOUTH FOOTBALL LEAGUE, INC., RE: SUPERVISED YOUTH FOOTBALL ACTIVITIES AT FAY BOULEVARD PARK

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to execute Agreement with Port St. John Rockets Youth Football League, Inc. to provide supervised youth football activities at Fay Boulevard Park in Port St. John. Motion carried and ordered unanimously.

AGREEMENT WITH PORT ST. JOHN SENIOR CENTER, INC., RE: RECREATIONAL ACTIVITIES FOR SENIOR CITIZENS AT STATHAM PARK

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to execute Agreement with Port St. John Senior Center, Inc. to provide recreational activities for senior citizens at Statham Park from June 1, 1996 through May 31, 1997. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH PALM BAY BOXING CLUB, RE: TDC GRANT FOR 1996 POLICE ATHLETIC LEAGUE BOXING CHAMPIONSHIPS

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to execute Amendment to Agreement with Palm Bay Boxing Club to increase the original bid fee grant amount from $1,500 to $5,000 for the 1996 Police Athletic League (PAL) Boxing Championships. Motion carried and ordered unanimously.

APPROVAL OF ADDITIONAL EXPENDITURE, RE: ENERGY SAVING LIGHTING RETROFIT OF BUILDINGS A AND C AT GOVERNMENT CENTER

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to authorize expenditure of $17,000 for electronic ballasts and lamps to complete the energy saving lighting retrofit of Buildings A and C at the Government Center. Motion carried and ordered unanimously.

ACCEPTANCE, RE: SECOND QUARTER BUDGET AND CAPITAL IMPROVEMENT PROGRAM REPORTS

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to accept the Quarterly Budget and Capital Improvement Program Reports for the two fiscal quarters ending March 31, 1996. Motion carried and ordered unanimously.

AUTHORIZATION OF EXPENDITURES, RE: SPECIAL LAW ENFORCEMENT TRUST FUND

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to authorize expenditures totaling $32,442.55 from the Special Law Enforcement Trust Fund. Motion carried and ordered unanimously.

ACCEPTANCE, RE: REVENUE MONITORING REPORT FOR QUARTER ENDING MARCH 31, 1996

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to accept the Revenue Monitoring Report for the fiscal quarter ending March 31, 1996. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF STAFF REPORT AND PROVIDE DIRECTION, RE: REGULATION OF TRANSIENT BUSINESSES, INCLUDING TALENT SEARCHES

Lucy Heim, 209 S.E. First Street, Satellite Beach, representing MDM Studios, introduced George Becker who is a photographer; requested the Board look at Option 1 that County Manager Tom Jenkins and Assistant to the County Manager Peggy Busacca have come up with to see what can be done with this item; and urged the Board to continue working on this because it is extremely important. She stated if transient businesses do not to have any type of license, she should be exempted also; she has lived and worked in this community since 1958, and had her business since 1981; and she has followed all the rules and regulations. She stated the transient businesses continue to hurt and stress her out; every time one of them is in the area, she is on the telephone the next week talking to people to let them know such businesses are ripping them off; and requested the Board look further into this.

George Becker, Becker Photography, Melbourne, stated there was a newspaper ad in the classified section of the newspaper; his 17-year old son was looking for a summer job; it said models, no experience necessary at $85 an hour; and after an hour talk at the Best Western Hotel, it turned out that for $350, they will make you a star. He stated it is a total scam; and there should be a law or some type of screening process.

Commissioner Scarborough stated he has always been concerned when people come in and pull some scam; changes should take place at the State level, but if it is not taking place there, the Board should do whatever it can to make people understand it is concerned about who does business in Brevard County; and they have a responsibility to the community.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to direct the County Attorney to examine possibilities of what the County can do regarding regulation of transient businesses, including talent searches, and report back to the Board.

Commissioner O?Brien stated this is a Statewide problem; it should have gone to Tallahassee a long time ago; these people are carpetbaggers who come down, take the money of Brevard County citizens and run somewhere else; they are also taking the money out of the County; and that is part of its economy. He stated he hopes to find a way to turn it around and help; and suggested the Chairman sign a letter and send it to Tallahassee requesting the Legislative Delegation look at this as a consumer protection that is needed in the State of Florida.

Commissioner Ellis stated he wants to make sure that what the County Attorney brings back to the Board will help isolate where the problem area is; there are other areas such as art shows and gun shows; and what the Board gets back from the County Attorney needs to be very specific in its application and not broad.

Commissioner Higgs stated she is concerned about some of the other businesses that are established on the roadside; she understands the transient business that is addressed in terms of the talent search; she had a businessman in the office last week concerned about the ability of his business to compete with some of the roadside vendors; and the County has some very typical businesses establishing on the side of the road, particularly on Saturday and Sunday. She noted she is concerned about them as well; they need to be addressed; it is almost impossible to compete at a price with someone who has no overhead, no license, no staff they are paying for workmen?s compensation, or any of those things; and that is grossly unfair to Brevard?s established businesses who are contributing to the economy.

Commissioner Ellis stated if that were completely correct economically, then everyone would be on the side of the road and no one would have a business; clearly there are advantages to having a fixed location for business; his concern is like the Melbourne and Indialantic Art Festivals; and those people are roadside transients for a two-day period. Commissioner Higgs stated they are basically licensed through the non-profit; the County does not want to license those people and get into that; and the ordinance can be written in such a way that it does not address those kinds of issues. She noted the Board has a responsibility to some of its other businesses to assist them in maintaining a competitive atmosphere.

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

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to direct the County Attorney to prepare a letter for the Chairman?s signature addressing the problem from the legal research taken, send such letter to appropriate offices in Tallahassee, and request the Legislative Delegation look at this as a consumer protection that is needed in the State of Florida. Motion carried and ordered unanimously.

Commissioner Scarborough requested the County Attorney reference any other Ordinances that have been passed in the State regarding this issue, and make suggestions on the advisability of adopting similar ordinances.

Ms. Heim stated she can work with the Board very closely on the Department of Business and Professional Regulations with the talent searches; she has tried for years and met with them last year trying to get them to do something; Tallahassee has no clue of what this is all about; and to try to go there may be a waste because the House just deregulated talent agencies this year. She stated it went before the Senate and the Senate has put it on hold; it is trying to get more research; and she is working on that.

LAND DONATION, RE: ALZHEIMER?S FOUNDATION

Chairman Cook stated the request is for the Board to discuss and provide direction to staff regarding donation of Road and Bridge site off of Wickham Road to the Alzheimer?s Association.

Joe Steckler, Executive Director of the Alzheimer?s Program for Brevard County, provided a package to the Board which sums up some of the issues that have been discussed previously about the land donation; advised he has gone before the two Park Advisory Boards; they both agree that the need exists to help the Alzheimer?s Association; and they do not want to use park land and want to use other land. He advised the biggest issue is it sets a precedent to use park land to help someone else; he checked with the County Manager?s Office; there is city sewage and water at both locations which were discussed; and the Association has $300,000 of the $740,000 needed to build the center. He noted it is becoming a critical issue because he has to get back to the Kreskie Foundation and the Weinberg Foundation for a total of $185,000. He stated the Association has two other sources for $100,000 each, which will make their decision once they know where the land is going to be; the building costs have not changed; it still holds firm at $740,000; and there is one modification to the building plan itself, adding on a quiet room, so it can do work with the hospitals in the area. He stated a new survey was done by United Way; it used a committee of some 11 committees consisting of 140 people over a two-month period to increase the organized capacity of people who care for one another in Brevard County; there 19 critical areas; and he marked nine of the most critical areas which his Association is directly involved with. Mr. Steckler stated the Association is on track with building a coalition to care for elderly people in Brevard County; and if it goes to the proposed location, which is not park land, it would need a larger area than the one acre. He stated with the new statistics from Tallahassee of the 452,000 people in Brevard County, 106,000 of them are 60 years of age or older; 51,000 are 75 years of age or older; there is a more drastic need to assist the elderly people in Brevard County; and something needs to be done. He requested the Board?s support for one of the two sites; and the site which the Association requested first, which is park land of 2.3 acres, is probably the best location.

Commissioner O?Brien stated by the Spyglass Center, Mike Williams and Minton Cooper, who is Director of the Buena Vista Life Care Home, formed a new company called Community Care Associates; they are going to build a 48-unit Alzheimer?s care facility directly across from the Wuesthoff Nursing Care; the 48 units are for Alzheimer?s patients only; and they will reside there. He stated Wuesthoff owns 15 acres and is trying to develop a campus on Spyglass Road; if the County talks to its Board of Directors and tries to bring it forward, it may be willing to donate two acres of land to the Association; what it would have is the transient Alzheimer?s patients; and if the patient gets worse, across the street from their own facility would be the HUD program, 48 units for Alzheimer patients; or if they need medical care, there is the Nursing Care plus the Wuesthoff full-time nurses. Commissioner O?Brien stated there is one package that could be offered to the Association; he is willing to go forth to the Board of Directors; and all three facilities would be interrelated for what they do and how they do it. He stated the second place is the property in front of the Government Center; the SCAT bus system passes down Lake Andrew Road on a regular scheduled basis; a lot of the patients and the elderly could take a bus and not have to drive down the streets; Viera intends to build apartment buildings to the south next to Wickham Road; and that would only be two blocks from the center. He stated those are the two locations he is looking at; they are better than the Road and Bridge site; he refuses to set a precedent by giving away County park property; and he needs additional time to discuss the issue with Wuesthoff Hospital.

Commissioner Ellis stated either of those locations is better than the Road and Bridge site; and he has concerns on such site and what the County is going to have to clean up and move in there.

Chairman Cook stated County staff has worked hard to try to come up with a solution; the Board disposed of the question on the park land at the last meeting; he agrees with Commissioner O?Brien it is totally inappropriate; and he could never support it. He stated the Board wants to work with Mr. Steckler to get an alternative site and look at what is appropriate. He stated on the initial site, he thought there was talk of one acre or 1.2 acres.

Public Works Director Henry Minneboo responded when staff met with Mr. Steckler, it outlined on the Road and Bridge parcel on Wickham Road what would be a suitable site; after staff did the calculations, the total came out to approximately one acre; it took into account at that time an 8,000-square foot building, which left 3/4 of an acre for other utilities. He stated staff thought that was desirable; and if it is the Board?s desire for that specific location, staff will have to make some retention pond modifications to go beyond that.

Chairman Cook stated the Board sees the need for this and wants to be cooperative; this is public property and the Board has to be very stringent on what it does as far as giving it away, even for a good cause; and it has to make decisions that are going to be good public policy and in the public interest. He noted that is why it was shifted at the last meeting to the Road and Bridge site, to see if something can be worked out; and inquired if more than one acre at the Road and Bridge site is going to create some problems. Mr. Minneboo responded staff will have to modify the retention pond that is there.

Commissioner Ellis inquired what happened to the Indian Harbour Beach wastewater site; and stated the County has a little over 20 acres there. He stated the two locations Commissioner O?Brien mentioned are both excellent locations, better than what the Board has seen so far; and if for some reason those fall through, the Indian Harbour Beach site is a very large site. Chairman Cook stated the Board action last time was specifically to look at the Road and Bridge site; and Mr. Steckler mentioned the Association preferred to be on the Mainland. Mr. Steckler stated the Association prefers to be on Wickham Road; the southern most site is the most preferred; and the second would be at the County site.

Commissioner Higgs stated the building can be well placed on the parcel that Public Works has; it can meet the needs; what the Association has been able to do in terms of getting Foundation money and bringing that to Brevard County is very significant; and it is more than a half a million dollars being brought to the project from outside sources. She stated if the County looks at health care in the next 20 years, how it is dealing with the elderly is going to be critical; it has an opportunity to leverage its dollars with volunteer hours and money from outside foundations; and it is good public policy and a good way to move. She stated it is a volunteer organization using private, non-profit resources to build the facility; the one small acre that the County would be providing is a very good use of public dollars to service thousands of people; and she will support the Road and Bridge site at a little over an acre.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to support the one-acre land donation of the Road and Bridge site off Wickham Road to the Alzheimer?s Association.

Chairman Cook concurred with Commissioner Higgs? comments; stated it is a good opportunity for the County to leverage some money and also allow the Association to get on the Wickham Road corridor which it wants to do; the organization does some wonderful work; and it is meeting a need in the community.

Mr. Steckler stated he has come before the Board to present honest facts; the Association was expecting to get another $80,000 in Alzheimer?s disease initiative money from the State this year; there were $2 million dollars passed; that money went to 37 Florida counties that get no money to take care of elderly Alzheimer?s disease initiative people; and that meant the Association has to figure out a way to take care of 300 people in Brevard County who were getting money from the State and had it cut off. He stated he has 10 people who have absolutely no way to exist unless the Association can find a way to help them; it works with the coalitions and tries to work with the hospitals; and it does these things to bring assistance and help families. He stated the Association has trained 177 volunteers to go into homes and help people; but it needs to have access to people; and requested something be worked out so it can stay at the Wickham Road site. He stated he and Mr. Minneboo looked at the site; it is a satisfactory place; the Association will bring in $700,000 to build the building and provide care for people at no cost to them; and it is very important.

Commissioner O?Brien stated the Board may be moving too quickly on this; and there are other options it has not explored, including the ones he previously mentioned. Chairman Cook stated he has to rely on Mr. Steckler?s expertise; Commissioner O?Brien makes some valid points; Mr. Steckler has a real need to be on the Wickham Road corridor; he believes he can serve the population best on that corridor; and the County is trying to be cooperative and work with him. Chairman Cook stated the Board understands how important this issue is; that is why he supports the motion; this will designate a site so Mr. Steckler can move forward with the grants and leveraging the money; and it is important to move forward and make a decision.

Commissioner Ellis stated just because the Board approves a land donation today does not preclude it from continuing negotiations on the other sites; it gives Mr. Steckler the land and the bank that he needs to apply for his grants, however, Commissioner O?Brien can still work on the other sites and potentially change the final location by working with Mr. Steckler and other property owners; and today does not have to be a final decision. He stated the west side of Wickham Park is the better site; and he has concerns locating at the Road and Bridge barn, especially if the one acre turns out not to be enough property.

Commissioner Scarborough stated Mr. Steckler had concerns about the Road and Bridge site and the transportation of equipment in and out of that area, whether it would be conducive to elderly people; and inquired if he still has those concerns. Mr. Steckler stated there would have to be a fence there; the parking for the County would be on the opposite side of the fence; such fence could be moved more to the west so the Association will have access for parking behind the fence; and if that can be worked out, there will be no problem.

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

The meeting recessed at 10:11 a.m. and reconvened at 10:28 a.m.

ALTERNATIVES FOR PROCUREMENT, RE: SOLID WASTE DISPOSAL SERVICES

Jerry Gresh, Brevard Landfill Company, stated the Company is part of a joint venture that proposes a new site in Brevard County; and presented the Board cost comparisons that were not discussed last week. He stated his Company will show it is cheaper to operate two sites rather than one site, with the high cost of transfer. He advised the Company?s alternate bid, which is Alternate 2, versus Waste Management?s Alternate 1, is shown on the first chart; it varies from $27.85 to $ 24.60 a ton, depending upon volume; the higher the volume, the less the County pays; Waste Management was $35.69 for its alternate; and its alternate is the S.R. 192 site. He noted a major difference is that his Company picks up all the risk; there is no risk on the County?s part whatsoever; and in terms of Waste Management, it is the County?s risk totally. Mr. Gresh stated the second comparison was to put in a better perspective the alternate Waste Management has of operating the County?s present site and transferring to it; his Company tried to take the monies that would be put into its site and divide it over 25 years for the total tonnage that goes into that site; it came up with numbers that range in terms of volume from $16.81 to $13.56 a ton versus $21.89 for Waste Management; and even taking out all of their costs, including site, construction, and engineering, and leaving transferring and operating costs, his Company is still substantially cheaper. He stated in Waste Management?s bid, it did not include the $30 million dollars the County has in terms of bonds on that site; there is no cost write-off for that in its bid; it is clear to his Company that two sites are cheaper than one site and one transfer station; and the County has enough information from his Company and has Waste Management?s information. Mr. Gresh requested the Board move ahead with the selection committee and make that decision; the County needs a C&D site in South Brevard County; his Company has it; it is a 2,700-acre site; and the Company has a lower cost of any bid. He stated it has proposed to increase the water quality of the C-54 Canal; it is spelled out in detail how it would do that; the site will lend itself to recreation facilities for the south part of the County; and there is enough information proposed by his Company and its competitor that the Board can continue in the process and make a decision.

Mark Roth, Brevard County Landfill Company, stated such Company is a joint venture between Sanifill, Inc. and Waste Services of America; Brevard County made the decision more than three years ago to site and permit a brand new landfill to take its solid waste needs well into the 21st Century; the original site brought more resistance than the County originally estimated it would with well-financed opposing land owners; and the site he is speaking of is the S.R. 192 site. He noted when it went out for bid, the Company teamed up with its partner and did a thorough examination of what it felt was best for the citizens of Brevard County; it knew the County wanted to own the site and have someone operate it; and it treated it like it was its own Company. He stated in responding to the County?s RFP, the Company presented a sincere, well thought out proposal to the County, a well engineered, environmentally sound facility that will satisfy the County?s solid waste needs; if it reviews the numbers, the writing is on the wall; and even though some of the competitors did not bid or were disqualified, there have always been concerns about the contractual agreement. Mr. Roth stated most of them still required extensive modification; in other areas of the country and other counties in Florida, the same type of ploy was used, only to delay a decision more than a year to have them walk away from the table; and his Company?s proposal gives the County what it wants, a brand new landfill in the southern portion of the County. He stated when comparing the Company?s base bid to any other alternatives or bids put in, its proposal is in the best financial interest of Brevard County citizens; and requested the Board render a motion to vote to continue on Proposal #P-1-6-14 and let the Selection Committee perform its function and continue the valuation of the bids. He stated the timing to successfully develop and construct any project of this magnitude will require a significant commitment of capital and resources over a period of years; and any delay now will only increase the cost to the citizens of Brevard County.

Warren Smith, Waste Management, Inc. stated he appreciates the opportunity to address the Board in this decision process; a letter was sent to the Board with some suggestions for its consideration if it continues or modifies the RFP process; and the first suggestion is to take advantage of the expertise of qualified vendors. He stated while County staff and the consultants have done an excellent job, the Board can gain by drawing from the experience of vendors like Waste Management; it has a different perspective than the County or its consultants; and the Board should try to get that perspective to make its best and most informed decisions. He suggested the County consider eliminating its gag order in this process, as the process continues, in order to get the full range of views and information possible for its decision. He further suggested the Board streamline the RFP process; stated part of the reason the County only received two qualified proposals is that it designed a very complicated RFP; and it needs to simplify the process, define what it wants to accomplish in general terms, seek responses from qualified vendors, and seek a fair mutually beneficial agreement. Mr. Smith stated if the risks are too great either way, the County will not get the results it hopes for or expects; and suggested the Board permit vendors to provide contract language and take advantage of the experience of private industry. He advised Waste Management has landfill disposal agreements with approximately one dozen Florida communities; and requested the Board let his Company share what has worked in other places. He stated the fourth suggestion is for the County to take advantage of economies of scale; experience has shown that per ton disposal rates are less when waste volumes to be handled are greater; and splitting the waste stream between two disposal facilities will be more expensive. Mr. Smith stated the County should make sure it evaluates the financial impact of its decisions; and suggested it consider some minimum waste stream guarantee. He stated it can be set conservatively; and it gives a private company something it can bid on.

Bill Redman, Browning-Ferris Industries, stated out of 12 vendors who picked up the RFP, nine qualified and two ended up submitting a proposal; there are several issues to be addressed based on this RFP and decisions to be made today; these issues are complex enough that the Board may want to consider having another workshop where the nine qualified vendors could come back before it and have the opportunity to discuss why the six vendors did not prepare a response and why Waste Management had problems with the baseline bid to begin with; and it might help the Board in its decision process in the future.

Jon Moyle, Attorney representing Chambers U.S.A. Waste, stated it was some time ago that he appeared before the Board when it was developing the RFP; he hopes the comments at that time were helpful in shaping the RFP; and he believes the County was well prepared in the RFP process. He stated Chambers owns and operates a state-of-the-art regional sanitary landfill located in Okeechobee County, Florida; it has a permittable capacity of over 200 million cubic yards; at its target rate of 5,000 tons per day, this regional landfill has over 100 years of potential capacity; and Chambers is able to offer one of the lowest tipping fees in the State. He stated another unique advantage of Chambers is its ability to offer Brevard County and other counties in this region an interlocal agreement with Okeechobee County because the Berman Landfill is a public/private joint venture-type of operation between Chambers and Okeechobee County; Chambers is a wholly-owned subsidiary of U.S.A. Waste Services, Inc., and at this point, is the third largest solid waste management company in the country. He stated he is here to support Item 1.A. in the Solid Waste Director?s report; Chambers has followed the evolution of the Brevard County RFQ and RFP for solid waste disposal services very closely over the past year; it was represented and actively involved at each step in the process; and Bill Gresham has been at every meeting and workshop that has been held. Attorney Moyle stated Chambers invested its time and considerable resources based on the information provided by the County?s expert consultants, as well as its professional staff; the County has invested significant tax dollars and staff time in this process; with its expert consultants, it devised documents, clearly outlining its approach to the selection process; and today it must decide the next step in this process. He stated Chambers respectfully submits that fairness, consistency, and a recognition of the true cost incurred by the County, not only in preparation of the current RFP, but in the purchase of the Deseret site, will hopefully compel it to accept Item 1.A. in Solid Waste Management Director Richard Rabon?s memo; and that item is to continue the current RFP process. He noted Chambers complied with the RFP process to the letter with one exception involving a map, which was extremely minor and corrected; it did it as outlined clearly in the County?s qualification and bid documents; companies that chose not to respond had the full opportunity to advise the County?s professionals and staff of any questions or the challenges presented by the documents; and their requests for amendments to the bid documents were decided in the public forum by the Board. Attorney Moyle stated repeatedly, companies said if this requirement is part of the final document, they would not be able to respond; repeatedly, the Commission chose to include these requirements in the interest of the citizens of Brevard County; and it left those in the RFP. He stated the fact some companies chose not to respond should not be used as a reason not to continue today; the playing field was open and even; the final package had the full support of the Commission; companies that chose to submit non-conforming bids should not be surprised that their bids were set aside; the County?s RFP documents were clear; and repeated questions in the public forum reinforced the essential ingredients necessary for a conforming bid. He stated Brevard County was the first to do its Comprehensive Plan and submit it to the State; they have a regional facility that is in compliance with Chapter 187 of the State Comprehensive Plan and the State Land Development Plan which says alternatives focusing on regional and other multi-jurisdictional solutions for siting and operating sanitary landfills is encouraged; this was adopted in March, 1989, and is one of the things that led Chambers to enter this public/private partnership with Okeechobee County due to the State Comprehensive Plan and desire to serve the counties in this part of Florida; and urged the Board to adopt Item 1.A. which is the proposal to continue the RFP process.

Mitch Barlow, Attorney for Brevard County Landfill Company LLC, the joint venture between Sanifill and Waste Services of America, stated he wants to follow the remarks of the partners in only one respect, to re-emphasize that with all of the existing proposals, the thing that seems to be missed here is the cost of transfer. He stated if the County continues with the Cocoa Landfill site and expands that, it will still have that transfer cost which is estimated by County staff to be $10.37 per ton and that will continue; and that cost does not exist with the other two existing proposals that were responsive to the RFP. He stated if the County recognizes that and adds it to the Waste Management proposal it saw last week, clearly the operating costs for both the two alternatives it has before it of Chambers and Sanifill are lower than the Waste Management proposal. He stated that would suggest that the best method of proceeding from this point would be to continue the evaluation of the two compliant proposals the County has; and once it finishes the evaluation, if it wants to look for bids solely dealing with expansion of the existing landfill, that would be fine. Attorney Barlow stated with the dollars the County has invested in the present RFP, its best course of action would be to go forward with the evaluation of these two proposals as they stand.

Mr. Smith stated it is his Company?s understanding that there has been no financial evaluation of any of the proposals; and while it is aware it has been disqualified in the process, it would urge the Board before it continues, to make that financial evaluation.

Mr. Redman stated he would like to re-emphasize that the County has two remaining proposals on the table; the issues are very complex; and it may want to address this through a workshop with all the qualified vendors.

Commissioner Higgs stated she appreciates that everyone wants to give the Board information on the costs and everything at this point; but to evaluate the various proposals is not the issue today. She stated the issue is whether or not to continue with the proposals the County has, which is Alternate 1.A.; the County has an obligation to those people who have bid to continue to evaluate those; it worked very carefully and closely to come up with an RFQ and RFP that it thought were going to meet the needs of Brevard County for a long time to come; significant dollars have been invested in this process; and it should continue.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to approve continuing with the RFP process and having the Selection Committee evaluate the proposals for procurement of solid waste disposal services.

Chairman Cook stated he does not mind reviewing the particular alternatives that have been presented; he is still not comfortable with the level of participation the Board received; and the County has expended quite a sum of money, which was approved by a previous Board, to do this entire process. He stated he is concerned about the Deseret property sitting there with the owners having the money for the property in a bank getting $200,000 or $300,000 of interest a year; he would implore the Board to make a decision on the Deseret property; if its intent is not to pursue it for any future use as a landfill, it needs to get the money back that was used to purchase the property; and all that money now is drawing interest for the land owner who is waiting to see what the County?s final action will be.

Commissioner Ellis stated it will come back to the Board when the economic analysis is done on the remaining two proposals; the County currently has that opportunity cost on the Deseret property; while the land owner may be earning $300,000 a year, the County is probably paying $400,000 a year in interest costs on that money; and that is a factor that will come in as an economic analysis when the County looks at the two proposals. He stated it may sell the property back to the owner if it looks at the two proposals and finds they are viable for long term needs.

Commissioner O?Brien stated he will support Chairman Cook on the Deseret property; and after the County goes through this process a little further, it needs to make a decision.

Commissioner Scarborough stated the County has to crunch numbers and know where it is going; there are probably no absolutes with this; the County has a lot of options that are not necessarily mutually exclusive; and the Board is going to get into a very complex analysis. He stated it wants to keep the lowest rate for the rate user for the longest period of time possible; in accomplishing that, it has to look at risk; and it is not a simple decision.

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

APPROVAL OF SCOPE OF SERVICES, RE: NORTHWEST PALM BAY TRANSPORTATION ALTERNATIVES STUDY

James Ansell, representing City of Palm Bay, stated one of his concerns is the continuing issue in the newspaper that shows Emerson Drive widening as an option of this particular study; the City is currently widening Emerson Drive, from Minton Road to Jupiter, to a four lane facility; it is interested in supporting the scope of services; and would not like to see it diminished any further. He stated some element of increased transit is going to have to be used in any kind of a system; whatever the alignment for east/west is or north/south in that area, this proposed scope and the whole study was envisioned as a relief, not only to the northwest Palm Bay area, but also that area continuing all the way up to S.R. 192.

Cathy Rodby, 1527 Willard Road, NW, Palm Bay, stated many studies have been done by people in her homeowners association; they are very intelligent and well thought out studies that could bring relief to the sections south of the canal and help everybody without disturbing the very unique homeowner?s site out there. She stated she would like to remind the Board that Palm Bay has consistently known it does not have enough large home sites; they have tried to pass laws saying the homes must be larger, which have failed; in the Hield Road area, they have large home sites and large homes that are quite valuable; and to extend Palm Bay Road through that area over the canal would damage their property values and a very nice living environment which they have. She advised it is not just empty property out there; and it is homeowners? property.

Chairman Cook inquired if Ms. Rodby opposes going forward with the study; with Ms. Rodby responding she approves going forward with the study; and she just wants to remind people to extend Palm Bay Road out would not be the right thing to do.

Commissioner Ellis stated he would like to move forward with the study; Mr. Curry has done a lot of work; he has some very good suggestions, many of which involve working with the Air Force station; and such station is like a huge plug that keeps northwest Palm Bay from getting to Minton; if the County can work with the Air Force station for some alternative sites or roads, that would be a tremendous benefit of this study; and he supports proceeding with the study.

Motion by Commissioner Ellis, seconded by Commissioner Higgs, to review and approve the scope of services for the Northwest Palm Bay Transportation Alternatives Study; and authorize staff to make minor changes in the scope if additional comments are received or as may be necessary to meet FDOT procedural requirements.

Commissioner Higgs stated the area needs additional road outlets; the County needs to come up with a solution soon; and she is excited about the County going forward with the study.

Chairman Cook stated the County has designated $31,000 in impact fees for the local match and inquired are there any additional funds required as a result of this study; with Growth Management Director Sue Hann responding it is possible. Ms. Hann stated as the County goes through the consultant selection and contract negotiation processes, the scope of the study has been expanding over time; perhaps additional local match may be required; staff suggests the Board designate impact fees for that purpose; and it will bring that back at the time it has the data available as to the exact cost of the study.

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

ACCEPTANCE, RE: STATE HAZARD MITIGATION GRANT PROGRAM APPLICATIONS

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to accept Public Works Department?s recommendation on using funding approved by the Division of Emergency Management of the State of Florida Department of Community Affairs for State Hazard Mitigation Grant Program applications.

Commissioner Ellis advised the County tried to pick the best project; there are a number of other projects on here; and now that the County has done preliminary ground work, he would like to see them work those into the CIP Program to have the other projects done in the next four or five years or sooner if possible.

Commissioner O?Brien stated he cannot support Option 1; and the Pine Island drainage problem is an absolute and must be taken care of.

Commissioner Ellis stated the Pine Island problem came up during Hurricane Gordon; the FEMA dollars here are for Hurricane Erin; and South Brevard was where the County was flooded from Erin. Chairman Cook stated the County needs to look at expending where the worst flooding is regardless of the District and where it happens to fall; and he agrees with Commissioner Ellis that the other items need to be worked into the CIP and addressed also. Commissioner Ellis stated Pine Island is proceeding under stormwater funding.

Surface Water Improvement Director Ron Jones stated the Pine Island system was not directly affected by Hurricane Erin; the County had the majority of its impacts in South County where it had a majority of the rainfall; and in terms of addressing Commissioner O?Brien, staff is looking toward implementing the analysis of the North Merritt Island project over the next two-year period.

Commissioner Higgs stated all of these projects are going to be addressed; in this case, the County is using the FEMA funding source and designating it to that particular project; none of the projects are being ignored; and the County has to designate a severely impacted area from the storm.

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

STAFF DIRECTION, RE: S.R. 3 CORRIDOR IMPROVEMENTS

Marian Lambers, 1180 Montego Bay Drive, North Merritt Island, representing Catalina Isle Skylark Homeowners Association, stated the Association would like street lights from S.R. 520 to S.R. 528; and they need the signal at Needle Boulevard relocated. She stated there needs to be some type of warning light, preferably a signal, at Alma Boulevard; there are emergency vehicles coming out of that street; and she has witnessed twice where those vehicles have had problems getting out and turning north onto S.R. 3. She advised the arrows in the median streets are not placed where the driveways are; at Merritt Island Library, one could make a bad mistake if they did not know the driveway into the Library was 25 to 30 feet north of where the arrows are; the arrows are not meant to point to a driveway; but one would assume there would be a driveway or something there when there is an arrow pointing that way; and the arrows need to be replaced. She stated between Lucas Road or Mustang Way and Courtenay, there should be some medians, but not all the way because they cannot cut off people turning into the major shopping centers. She advised a right turn lane is needed off of Courtenay onto Crockett Boulevard; they need a right turn lane off of Crockett onto Courtenay; Colonial Plaza is a sad situation; and if they had a M.I.R.A. to come in and clean it up like they have on S.R. 520, the people on Merritt Island would appreciate it.

Commissioner O?Brien advised this item is about Courtenay Parkway and S.R. 3 on Merritt Island; there have been many public meetings; the studies have been quite comprehensive; and today?s motion is to send this forward to the MPO with the County?s final recommendations. He stated there should be a bicycle/pedestrian path and aesthetic improvements on S.R. 3; there is a great need for these; and he hopes the MPO does not remove the aesthetic improvements from the plan. He stated the roadway would look terrible without good landscaping and other improvements; he agrees with Commissioner Scarborough that the public wants quality work done, which includes quality landscaping; and the improvement to the interchange on S.R. 3 and S.R. 528 should be prioritized by the MPO and FDOT in their recommendations.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to support prioritization by the MPO and FDOT of the improvement to the interchange at S.R. 3 and S.R. 528. Motion carried and ordered unanimously.

Commissioner O?Brien stated also in the recommendations, it must be recognized that S.R. 3 south of Mustang Way will probably become a ?F? level road, meaning that the average speed in that section will end up being 10 m.p.h. or less; and the present traffic counts north of Mustang Way are an indication that it too will become completely clogged with everyone only able to attain 10 m.p.h. He stated he is taking Option C with the drainage improvements being incorporated; and he would like to four-lane from Lucas Mustang Way to Route 520, and six-lane from Lucas Mustang Way to Route 528. He stated they are supporting lighting improvements at intersections and especially from Mustang Way to Route 528; they are supporting improvements of the S.R. 3 and Route 528 interchange with Concept 3 as an urban interchange, and also improving the west bound on ramp which goes west, to be two-laned onto Route 528 for a much longer distance than its present merging distance. Commissioner O?Brien stated it is approving widening to five feet or four feet, whatever the law is, and approving sidewalks from Merritt Avenue North; they are supporting a landscape median from Mustang Way to Route 528; they do not want a cement divider; and they support transit service provisions for express route to Kennedy Space Center, and a Park and Ride facility at a variety of locations along S.R. 3. He noted they support Concept 4 which is the S.R. 528 west bound off ramp and all ramp modifications at North Banana River Drive; Ms. Lambert?s two suggestions that would be incorporated into the plan are that at Needle Boulevard the signal should be looked at very closely for improvements, especially for safety; and Alma Boulevard needs an emergency signal similar to the one at Cape Canaveral. He stated they support all other roadway improvements, including the reconstruction as a three-lane segment to provide the badly needed turn lanes on North Banana River Drive from Harbor to Riviera Drive, enhancing the bridge at Central Avenue, turn lanes at Martin Boulevard, reconstructing the triangle area for safety, and widening North Banana River Drive for safety, especially in the area around Kelly Park. Commissioner O?Brien stated there is a curve south of the Park; the road becomes thin; there are trucks, SCAT buses and school buses moving up and down that area; and he does not support a median closure from Mustang Way south to the existing median, a S.R. 3 loop ramp called Concept 1, a flyover from S.R. 528 to Sea Ray Drive called Concept 2, or a pedestrian overpass over S.R. 520 at S.R. 3. He stated there is totally insufficient pedestrian traffic to justify the high cost and expense.

Motion by Commissioner O?Brien, to include all items with the recommendations of the MPO.

Commissioner Scarborough inquired how much is the total cost; with Commissioner O?Brien responding he did not have the time to get the cost of what is being discussed here. Commissioner Scarborough stated sooner or later the MPO is going to want to know the cost impact of the project. Commissioner O?Brien stated this is to show they are in support of these things; the MPO may want to come back to the Board and say it cannot afford doing this; he discussed this with the FDOT; it did not feel there was any significant problem in the four-lane, six-lane manner; and the six laning of S.R. 528 all the way would have been financially impossible. Commissioner Scarborough inquired what the motion would entail in cost; with Growth Management Director Sue Hann responding the roadway improvements on S.R. 3 are in the $20 to $30 million dollar range, based on the cost estimate in the document; some of the other improvements that were mentioned are probably in the $2 million dollar range; and for the interchange, she does not have the cost but it is probably several million dollars.

Chairman Cook inquired would this knock off other projects from priorities; with Ms. Hann responding the way staff is approaching this with the MPO priority list is it is putting the new projects on the list after those projects that are already funded and in progress on the MPO list; it has other projects such as U.S. 1 in the Melbourne area that is in the $40 million range; it would not be intended to replace a project like that; and it would be intended to come after that project was implemented. She advised today?s direction is whether or not the Board supports including the S.R. 3 project on the priority list.

Commissioner Scarborough stated he will second Commissioner O?Brien?s motion.

Commissioner Scarborough stated when this came up it was presented to the MPO; he saw an MPO that was concerned about the dollar amounts; and this is going to be scrutinized when it comes back to the MPO. Commissioner Ellis stated his concern is about the six lanes; and the right-of-way costs become extremely high when trying to six-lane. Commissioner O?Brien stated the right-of-way is already there. Commissioner Ellis stated it is not what he has on Page 16; when going to six laning, it has a right-of-way cost of $14 million; and he is concerned when getting into six laning and having to buy the additional right-of-way and potentially having to buy businesses along the route. Commissioner O?Brien stated he does not see that north of the high school because the setbacks are all there; there is no business that sticks out even against the sidewalks; and there are no businesses presently in the right-of-way.

Ms. Hann stated the estimate would assume some business damages as a result of taking parking places and that type of thing; there are no buildings that she can recall; and there may be some business damages that the consultant was assuming in the analysis. She stated even buying just a small strip where the County is affecting parking places or traffic circulation can be expensive; and when looking at the comparison between the six-laning on the north section and six-laning of the south section, the right-of-way cost is approximately double for the south section which is a lot more serious impact.

Commissioner Higgs stated Page A.6 talks about the summary of the level of services; and inquired based on what Commissioner O?Brien is talking about which is reconstruction of the four lanes on the south and six lanes on the north, is the County looking at a level of service E being maintained on the southern portion and level service of C coming on the north; with Ms. Hann responding yes. Commissioner Higgs inquired will the County be spending a total on A.16 of $32 million and still have a level of Service E; with Ms. Hann responding yes.

Chairman Cook stated he has a problem with the motion; the cost estimates are astronomical; and he does not feel comfortable moving forward. He stated this an enormous project and a considerable amount of money could be spent. Commissioner Ellis stated he would like to move forward with something on this; S.R. 3 is going to require some major improvements over time; Option A is not a valid option; and he prefers Option B at this point.

Commissioner O?Brien stated the project is 10 to 15 years out before it is even approached; it is an improvement the community badly needs; the County will see a major impact from the high school north, especially as North Merritt Island continues to grow; Option C is the safest for the entire community; and the right-of-way costs are not anywhere near what has been projected. Chairman Cook stated he can go with Option B. Ms. Hann stated if the Board wants to direct staff to include either Option B or Option C on the list, perhaps the difference between B and C can be analyzed as part of the PD & E study; and if there is concern about whether B or C is better, staff can leave both in and ask DOT to look at that as part of the alternatives analysis in the PD&E study.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to support prioritization by the MPO and FDOT of improvement to the interchange at S.R. 3 and S.R. 528; and direct staff to include Option B or C on the list, and request FDOT review it as part of the alternatives analysis in the Project Development and Environment (PD&E) Study. Motion carried and ordered unanimously.

DISCUSSION, RE: EMPTY RETAIL CENTER USES

Dennis Basile, Vice-President of the Economic Development Commission, stated Lynda Weatherman asked him to fill in for her today; the EDC supports this; and it is well aware of the buildings Commissioner Ellis outlined, and a number of other buildings around town that could be used for industrial uses. He advised if the EDC finds a user for those buildings and zoning is not right, or whatever needs to be done, it would try to get the County to fix it at that point; the EDC applauds Commissioner Ellis? efforts to do it before hand; the K-Mart building and Albertson?s building on Babcock Street and Apollo Boulevard are both airport leased land; the Florida Choice building in Titusville went to Interconnect; and it was a nice conversion and worked very well. He stated besides shopping center buildings, there are a couple of old bowling alleys and old Babcock Buildings and supply type buildings; EDC recognizes them, but has not found users for them yet; and if the EDC can help, he hopes the County will let it know.

Commissioner Ellis requested staff look at this and try to address what the problems would be before they happen; and stated many times if someone is looking for a building and has a certain date they need to be up and running by, they find out it is going to require a Comprehensive Plan Amendment and may walk away. He stated if the County can get someone into these empty facilities, the light manufacturing is a completely enclosed facility to begin with; not only has it turned that building around, but those employees will work up and down that area; and they will work there, drive, eat lunch, shop, and help the entire area. He stated he does not know what kind of impediments the County has, but what brought this to mind was when the County went through the BU-1-A and BU-1 for the antique store.

Commissioner O?Brien stated the County should assess how much manufacturing space is empty throughout Brevard County right now; the J. M. Fields building on Merritt Island is now called Home Depot; if a light manufacturer moved in there with a special exception, the County may never have seen Home Depot totally revive the entire mall; and the area grew because of it. He stated that is one of his fears; the County should do this on a case-by-case basis; and the Board could look at things for special exceptions which only goes with the Company and not the land owner.

County Manager Tom Jenkins stated a lot of the buildings are in the cities; he wonders if there is something the County could do with the cities to encourage them to consider a similar concept; and the County by itself is not going to be able to do it in that many years. Chairman Cook stated it is the concept; staff can take a look at it; and if the County comes up with a viable concept, it can send it to the cities and say they need to look at this also.

Motion by Commissioner Ellis, seconded by Commissioner Higgs, to direct staff to investigate potential impediments to retail store conversion, and report back to the Board with proposed solutions. Motion carried and ordered unanimously.

DISCUSSION, RE: VOTING PRECINCT AT INDIAN RIVER COLONY CLUB

John Ritner, 1431 Patriot Drive, Melbourne, representing Indian River Colony Club, a planned community of approximately 750 homes located in Viera, stated as it now stands, approximately 578 of the homes are in Precinct 142, which was established within the boundaries of the IRCC; the expansion of the IRCC to 750 homes placed about 172 of the homes in Precinct 94 with the polling place located on Fiske Boulevard in Rockledge, a 12-mile round trip; and the subject was addressed by the Brevard County Legislative Delegation last December. He advised at that time, recommendations were made by that body to the Supervisor of Elections to establish a new Precinct for the 172 homes affected and allow the residents to vote in the same location as Precinct 142 in IRCC; and the Supervisor of Elections has consistently refused to accept the recommendations of the Legislative Delegation. Mr. Ritner stated the IRCC requests the Board, with the Supervisor of Elections, favorably consider implementing the recommendations of the Legislative Delegation to establish a new precinct to allow the 172 IRCC families concerned to vote in the same location as Precinct 142.

Chairman Cook stated this has been of concern for some time; the Board can only look at a new precinct, subject to approval of the Supervisor of Elections, according to a memo from the County Attorney; the County cannot create a new precinct on its own; it can request it; but it must be approved by the Supervisor of Elections as he is a separate Constitutional Officer. Mr. Ritner stated he understands, but it takes four Commissioners and the Supervisor of Elections to establish a new precinct; and he is depending on the weight of the four Commissioners who are going to vote for this to put the pressure on the Supervisor of Elections.

Commissioner Ellis stated the County has other areas where it has two precincts or more voting in the same location; clearly the problem is due to the taxing district line; the problem must be resolved at the local level; and all the Board can do is send a letter to the Supervisor of Elections requesting formation of a new precinct. He noted if the Supervisor does not wish to act on it, there is nothing the County can do to force the action; and the Board needs to express its desires to see the new precinct formed. Chairman Cook inquired if Commissioner Ellis would like the County Manager or the Chairman to write the letter; with Commissioner Ellis responding the Chairman would be appropriate.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to authorize the Chairman to send a letter to Supervisor of Elections Fred Galey requesting creation of an additional precinct at Indian River Colony Club. Motion carried and ordered unanimously.

DISCUSSION, RE: SIX WEEKS DELAY ON FILLING VACANT POSITIONS

Commissioner Scarborough stated he received a memo from the County Manager which suggested sometimes not hiring requires overtime, therefore, the County ends up with a shortfall rather than a benefit; and the quality of service can be adversely impacted as well.

County Manager Tom Jenkins stated this came out of a recommendation from the Growth and Government Committee; the County has been trying it for a number of months; with front line positions, it is creating a problem; and he has been getting complaints from both Managers and staff in the field about some of the problems it creates. He stated it was his recommendation to continue that practice for supervisory and management positions which is primarily where the County is looking to flatten the organization, but no longer do it for the rank and file positions who are providing the services.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to continue the practice of six weeks delay on filling vacant positions for supervisory and management positions, but not for rank and file positions who are providing the services.

Chairman Cook stated he has County people telling him there are problems in the organization; the County is hiring additional individuals because some individuals are not pulling their weight; instead of holding certain individuals accountable, the County comes back and asks for more personnel; and it is a very serious problem which he would like to see addressed in the budgetary format. He noted the County may need to look at other options in regard to that; and hiring more individuals is punishing productive employees.

Commissioner Scarborough stated the problem is the County is constantly being requested to run like a business; but a business will simultaneously be hiring and firing; in government you do not have that; the person you are losing may be the one you need the most; and the person you keep may be the one who is dead weight. He stated how to do that is very difficult; the County Manager?s job is harder than some in the private sector; there are different types of rules; there is job security here that does not exist elsewhere; and there becomes a point that the County needs to keep the machinery of government working.

Chairman Cook stated a week ago he had someone who left the County and had a full-time position indicate to him they left so they could have a full-time job; and they did not feel the position they were occupying warranted a full-time position. He stated the County Manager needs to take a hard look at some of these departments who come to him constantly complaining about how they are understaffed and under funded, and whether that is actually a fact or business as usual.

Commissioner Ellis stated sometimes the decision is rather than add an employee, there is an employee who either needs to get to work or be replaced; and it only takes one or two individuals out of many to bring down an entire department.

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

PERSONAL APPEARANCE OF ROBERT KEIM, RE: APPROVAL OF TEMPORARY RESIDENCE

Robert Keim, 357 E. Merritt Island Causeway, Merritt Island, stated he passed the request to Commissioner Scarborough?s office; he was in a bind and did not know where to take it; he assumed this was the right place to come; and he is requesting the Board approve a temporary residence for his family while they await a pending rezoning of the parcel.

Zoning Official Rick Enos stated this is a request by Mr. Keim to obtain a temporary permit for a residence on this parcel; this parcel is a minimum 10-acre parcel; staff informed Mr. Keim that the permit for a mobile home was available; however, there are some conditions; and he cannot meet the conditions. He stated there is no other administrative remedy available to him other than a rezoning or variance to be able to get this mobile home on the property sooner.

Commissioner Scarborough stated when he spoke to Mr. Enos, he had some administrative capacity to go ahead and let Mr. Keim proceed; the problem is the existing pad out there; and he does not have the capacity to put the trailer on the existing pad. Mr. Enos stated that is correct; there are some required setbacks which Mr. Keim cannot meet without some administrative waiver; although he has authority to give an administrative waiver, the location Mr. Keim wants to put the mobile home on is an old pad that does not meet the setback even with the administrative waiver; and that is why he is not in the position to help him place it on that pad.

Commissioner Scarborough stated Mr. Keim has an application for rezoning before the Board which will be heard in August, 1996; and one of his concerns was whether or not certain things were said that would create equitable estoppel where the County could grant Mr. Keim the right to proceed on the property.

County Attorney Scott Knox stated Mr. Enos has discussed two alternatives, which is the rezoning and the variance; the third alternative would be a vested rights determination; it is an equitable estoppel situation; Mr. Keim contacted individuals in the Zoning Department prior to making the move he is attempting to make now; and was told several things that he relied upon in order to make that move. He stated whether or not it is exactly the way he heard it or just the way Mr. Keim has presented it, he does not know; it is something the Board has to hear and decide; based upon what he has heard so far, he believes Mr. Keim could state a case for vested rights and come before the Board on that basis as well; Mr. Keim is trying to make a move and there is no place to move to; and if he does complete that move, he could be doing it at his own risk, pending any kind of administrative determination by the Board or whoever the appropriate authority would be.

Chairman Cook inquired if Mr. Keim could move forward, but it would be pending a decision by the Board; with Mr. Knox responding yes. Chairman Cook inquired what are the fees if he applies for rezoning; with Mr. Keim responding the application for rezoning has been paid for and submitted. Mr. Keim stated the administrative waiver that Mr. Enos has the ability to make does not apply in his case; the property is 400 feet wide; the law allows an administrative waiver up to 10%; and that is 20 feet. He noted his trailer which he already purchased is 24 feet; even with the administrative waiver, he is still making a mortgage payment on 10 acres of land and a home; and he and his family live in a motel.

Chairman Cook stated the County would like to work out something; there is nothing today it can do as far as granting Mr. Keim an exception; he is sympathetic to his condition; and the County Attorney said Mr. Keim could move forward at his own risk, pending the outcome of the hearing.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve issuance of a conditional Certificate of Occupancy (CO) for Robert Keim, with the understanding this is proceeding with a rezoning which would affect his rights. Motion carried and ordered unanimously.

EXECUTION OF CONSENT DECREE, RE: SETTLEMENT OF LEGAL ENVIRONMENTAL ASSISTANCE FOUNDATION, INC. VS. BOARD OF COUNTY COMMISSIONERS

Commissioner Ellis stated he understands the legal reasons why the County ends up having to pay these fees; what was disturbing to him was the Environmental Fund from Florida; one of the people they give money to is LEAF; and inquired is the County helping employees subsidize LEAF to sue the County. He stated he gives money to the Red Cross; Red Cross does not sue Brevard County; most of these other firms do not sue Brevard County; and he is disturbed that the County is handling something to collect money for a non-profit organization which goes around suing local governments throughout the State. He stated the end result of the one where they have sued here is the County is paying off all these legal fees, but nothing has changed.

Commissioner Ellis stated one of the firms they give the money to turns around and sues local government; and here the County is today having to settle out with this local government suit. He stated $56,000 is what the County pays them and whatever it spent on its fees; and he does not think it is right.

Commissioner Scarborough requested the subject be agendaed as a separate matter; and stated the County Manager can place it on the next agenda.

Chairman Cook suggested the County make an offer of $50,000; with Assistant County Attorney Katherine Harasz responding she can do that if it is the desire of the Board.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to direct the County Attorney to make an offer of $50,000 in settlement of Legal Environmental Assistance Foundation, Inc. vs. Board of County Commissioners. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS

Chairman Cook stated he pulled this item from the Consent Agenda; there are 2,356 pages at $4 a page, coming out to $9,424; he would like another explanation on how it is that thousands of pages are done at $4 a page; it seems like an exorbitant amount of money; and he would like to remove that from the bills to receive additional explanation on it.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve the Bills as submitted, minus bill on Page 8 from Brevard Associated Court Services, Inc. in the amount of $9,424; and request further explanation of the cost. Motion carried and ordered unanimously.

Upon motion and vote, the meeting adjourned at 12:25 p.m.

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

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