The Board of County Commissioners of Brevard County, Florida, met in regular session on May 27, 1997, at 9:02 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Randy O'Brien, Commissioners Truman Scarborough, Nancy Higgs, Mark Cook and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Truman Scarborough.

Commissioner Helen Voltz led the assembly in the Pledge of Allegiance.

INTRODUCTION

County Manager Tom Jenkins introduced Engineer Beverly Garrett who will be in charge of the Land Development Section.

REPORT, RE: ENFORCEMENT OF CODE CONCERNING BASKETBALL GOALS IN RIGHTS-OF-WAY

Commissioner Scarborough advised of a letter from Mrs. West concerning basketball goals in rights-of-way in Port St. John and problems with selective enforcement. He requested he be allowed to bring the issue to the Board or refer it to the Advisory Committee for recommendation before it comes to the Board.

Chairman O'Brien suggested a temporary waiver for the area so Code Enforcement can do what is necessary to clean it up. Commissioner Scarborough suggested all enforcement of the Ordinance throughout the County could be abated until the issue is heard by the Board. Chairman O'Brien recommended Commissioner Scarborough put the issue on a future Agenda.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct Code Enforcement to abate enforcement of the Ordinance prohibiting basketball goals in rights-of-way until such time as Commissioner Scarborough puts the issue on the Agenda and the Board addresses it. Motion carried and ordered unanimously.

APPOINTMENT, RE: CHARTER COMMISSION

Motion by Commissioner Cook, seconded by Commissioner Voltz, to appoint Deanna Reiter, Cherie Thompson, and General Gene Sterling to the Charter Commission. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING FRED BYNUM

Chairman O'Brien read aloud a resolution commending Fred Bynum upon his retirement.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution commending Fred Bynum for his service to the children of Brevard County. Motion carried and ordered unanimously.

Chairman O'Brien presented the Resolution to Fred Bynum. Mr. Bynum expressed appreciation to the Board.

RESOLUTION, RE: PROCLAIMING SAFETY MONTH

Chairman O'Brien read aloud a resolution proclaiming June, 1997 as Safety Month.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution proclaiming June, 1997 as Safety Month in Brevard County. Motion carried and ordered unanimously.

Chairman O'Brien presented the Resolution to Christine Lane of the Florida Division of Safety. Ms. Lane commented on the progress of the County in becoming more proactive in the area of safety.

RESOLUTION, RE: PROCLAIMING MANAGEMENT WEEK

Chairman O'Brien read aloud a resolution proclaiming June 2 through 8, 1997 as Management Week.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to adopt Resolution proclaiming June 2 through 8, 1997 as Management Week in Brevard County. Motion carried and ordered unanimously.

Chairman O'Brien presented the Resolution to Art Culbertson. Mr. Culbertson, representing the Florida Space Coast Council of the National Management Association and the eight aerospace member chapters, expressed appreciation to the Board.

PRESENTATION BY ARTHUR LAMAR, LIBRARY BOARD CHAIRMAN, RE: PEN AND INK DRAWINGS FROM LIBRARY BOARD

Arthur Lamar, Chairman of the Brevard County Library Board, presented pen and ink drawings of the Marjorie Rawlings House to County Manager Tom Jenkins and Community Services Administrator Don Lusk, and advised drawings will be delivered to each Commission Office. Mr. Lamar provided an update on library construction projects. PRESENTATION BY MARGUERITA ENGEL, KEEP BREVARD BEAUTIFUL, RE: TRASH BASH COMPETITION AWARDS

Marguerita Engel, Executive Director of Keep Brevard Beautiful, introduced Trash Bash Chairman Peter Jurgel; and presented the Trash Bash Award to Commissioner Helen Voltz who had a 157.3% increase in her District, and served as a Trash Bash Site Captain. She presented Trash Bash T-shirts to the Commissioners.

Chairman O'Brien advised 50,375 pounds of trash were picked up.

PRESENTATION BY RON HIGHT, MERRITT ISLAND WILDLIFE REFUGE MANAGER, RE: REVENUE SHARING CHECK

Ron Hight, Merritt Island Wildlife Refuge Manager, presented the Board with a revenue sharing check in the amount $50,459; and explained the reason for the increased check. He advised next year the check will be transferred electronically. Mr. Hight advised an organization which rates refuges for eco-tourism listed Merritt Island Wildlife Refuge as number eleven. Commissioner Scarborough advised of activities at the Refuge.

ENGINEERING PLAN APPROVAL, RE: CRANE CREEK BOULEVARD

Motion by Commissioner Voltz, seconded by Commissioner Cook, to grant engineering plan approval for Crane Creek Boulevard, subject to minor changes if necessary. Motion carried and ordered unanimously.

PRELIMINARY PLAT AND FINAL ENGINEERING APPROVAL, RE: MAGNOLIA SPRINGS SUBDIVISION

Motion by Commissioner Voltz, seconded by Commissioner Cook, to grant preliminary plat and final engineering approval for Magnolia Springs Subdivision, subject to minor engineering changes as applicable, and accept the right-of-way deed for road access to County-owned property. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: DRAZICH ANNEX SUBDIVISION

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

FINAL PLAT APPROVAL, RE: WINDSOR ESTATES, PHASE II

Motion by Commissioner Voltz, seconded by Commissioner Cook, to grant final plat approval for Windsor Estates, Phase II, subject to minor changes if necessary and receipt of all documents required for recording. Motion carried and ordered unanimously.

APPROVAL OF SPECIAL EVENT PERMIT, RE: OUTSIDE MUSIC CONCERT AT COCOA EXPO STADIUM

Motion by Commissioner Voltz, seconded by Commissioner Cook, to grant permission for Robert James Jenkins of R.J.A. Promotions to hold an outside music concert at the Cocoa Expo Stadium on June 21, 1997 from 6:00 p.m. to 11:00 p.m. or on June 22, 1997 in the event of inclement weather. Motion carried and ordered unanimously.

AUTHORIZATION, RE: MUNICIPAL REVIEW OF LOCAL OPTION GAS TAX PERCENTAGE ALLOCATIONS

Motion by Commissioner Voltz, seconded by Commissioner Cook, to direct the Clerk to the Board to mail a copy of the Local Option Gas Tax percentage allocations to each municipality for review; and set date for the final review of the allocations for June 26, 1997. Motion carried and ordered unanimously.

ESTABLISHMENT AND FEE RESOLUTION, RE: ADOPT-A-MEDIAN PROGRAM

Motion by Commissioner Voltz, seconded by Commissioner Cook, to authorize establishment of Adopt-a-Median Program to assist with maintenance of medians currently maintained by the County; and adopt Resolution establishing fees for the program. Motion carried and ordered unanimously.

RESOLUTION AND JOINT PARTICIPATION AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION, RE: EAU GALLIE BOULEVARD SIDEWALK PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Cook, to adopt Resolution and execute Joint Participation Agreement with Florida Department of Transportation for the Eau Gallie Boulevard sidewalk project. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF CAPE CANAVERAL, RE: SR A1A PEDWAY PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Cook, to execute Interlocal Agreement with the City of Cape Canaveral for design of a pedway on SR A1A. Motion carried and ordered unanimously. PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS AND APPOINTMENT OF CONSULTANT SELECTION COMMITTEE, RE: ENGINEERING SERVICES FOR WICKHAM ROAD WIDENING PROJECT, FROM U.S. 192 TO NASA BOULEVARD

Motion by Commissioner Voltz, seconded by Commissioner Cook, to grant permission to advertise Request for Proposals for consulting engineering services to design the widening of Wickham Road, from U.S. 192 to Nasa Boulevard; and appoint Commissioner Helen Voltz, County Manager Tom Jenkins, Assistant Public Works Director Ed Washburn, Construction Management Director John Denninghoff, and Traffic Engineering Director Billy Osborne or their designees to the Consultant Selection Committee. Motion carried and ordered unanimously.

AMENDMENT TO LEASE AGREEMENT WITH PREVENT OF BREVARD, INC., RE: LEASE OF SPACE AT GIBSON COMMUNITY CENTER

Motion by Commissioner Voltz, seconded by Commissioner Cook, to execute Amendment to Lease Agreement with Prevent of Brevard, Inc., extending the lease of space at Gibson Community Center until February 13, 1999. Motion carried and ordered unanimously.

RELEASE OF RETAINAGE AND FINAL PAYMENT TO HEARNDON CONSTRUCTION, INC., RE: SOUTH BEACHES REGIONAL MAINTENANCE FACILITY

Motion by Commissioner Voltz, seconded by Commissioner Cook, to grant permission to release retainage and approve final payment to Hearndon Construction, Inc. in the amount of $43,154.90 for construction of the South Beaches Regional Maintenance Facility. Motion carried and ordered unanimously.

APPROVAL OF CHANGE ORDER NO. 3 WITH PAVCO CONSTRUCTION, INC., RE: DETENTION CENTER MINIMUM SECURITY DORMITORY MODIFICATIONS

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve Change Order No. 3 with PAVCO Construction, Inc. increasing contract price by $25,024.59 for dormitory modifications at the Brevard County Detention Center in Sharpes. Motion carried and ordered unanimously.

APPROVAL OF CHANGE ORDER NO. 4 WITH P. W. HEARN, INC., RE: MERRITT ISLAND PUBLIC LIBRARY

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve Change Order No. 4 with P. W. Hearn, Inc. increasing contract price by $12,519 for construction of renovations and additions to the Merritt Island Public Library. Motion carried and ordered unanimously.

APPROVAL OF CHANGE ORDER NO. 5, RELEASE OF RETAINAGE, AND FINAL PAYMENT TO PRIORITY ONE CONSTRUCTION, INC., RE: CAPE CANAVERAL PUBLIC LIBRARY

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve Change Order No. 5 to Agreement with Priority One Construction, Inc., for construction of additions and renovations to Cape Canaveral Public Library, increasing contract price by $2,500; authorize release of retainage; and approve final payment of $80,839.30 to the Contractor.

APPROVAL OF AWARD, AND EXECUTION OF AGREEMENTS WITH SPACE COAST SPORTS PROMOTIONS, RE: FOUR TDC SPECIAL SPORTS GRANTS

Motion by Commissioner Voltz, seconded by Commissioner Cook, to award four special sports grants to Space Coast Sports Promotions of $3,000 to bid for the 1997 AAU Boys' Basketball National Invitational Championships Age 13-15, $2,300 for the 1997 USSSA Men's Corporate Class A World Tournament, $1,100 for the 1997 USSSA Space Coast Classic Men's Class C NIC, and $1,100 for the 1997 USSSA Dudley Space Coast Classic Major NIT; and executed Agreements with Space Coast Sports Promotions for each grant including the terms of reimbursement for up to the full bid fee for amounts granted within six months after each of the 1997 events. Motion carried and ordered unanimously.

RESOLUTION AND AMENDMENTS TO TRUST INDENTURE AND LOAN AGREEMENT WITH FIRST UNION NATIONAL BANK, RE: INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1984 (NIDA CORPORATION)

Motion by Commissioner Voltz, seconded by Commissioner Cook, to adopt Resolution authorizing amendments to the Trust Indenture and Loan Agreement for Industrial Development Revenue Bonds, Series 1984 (Nida Corporation). Motion carried and ordered unanimously.

AGREEMENT WITH CITIES OF TITUSVILLE, COCOA, MELBOURNE, AND PALM BAY, RE: HOME CONSORTIUM PROGRAM

Motion by Commissioner Voltz, seconded by Commissioner Cook, to execute Interlocal Agreement with the Cities of Titusville, Cocoa, Melbourne, and Palm Bay to ensure that federal HOME Program funds are received by local jurisdictions for the provision of housing activities which benefit low and very low income citizens of Brevard County. Motion carried and ordered unanimously.

AGREEMENT WITH CHILD CARE ASSOCIATION, RE: RENOVATIONS AT HARRY T. MOORE CENTER

Motion by Commissioner Voltz, seconded by Commissioner Cook, to execute Agreement with the Child Care Association of Brevard County for renovations at the Harry T. Moore Center in Cocoa. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: EXTENDING GRANT PERIOD FOR RENOVATIONS OF HARRY T. MOORE CENTER

Motion by Commissioner Voltz, seconded by Commissioner Cook, to execute Amendment to Agreement with Florida Department of Environmental Protection extending time for completion of renovations of Harry T. Moore Center until June 30, 1997. Motion carried and ordered unanimously.

AGREEMENT WITH PAULINO O. VASALLO, M.D., RE: MEDICAL EXAMINER SERVICES

Motion by Commissioner Voltz, seconded by Commissioner Cook, to execute Agreement with Paulino O. Vasallo, M.D. for District 18 Medical Examiner Services in the amount of $240,000 for the period from June 1, 1997 through September 30, 1998. Motion carried and ordered unanimously.

PERMISSION TO TRANSFER, RE: TANGIBLE PERSONAL PROPERTY AT CANAVERAL PORT AUTHORITY

Motion by Commissioner Voltz, seconded by Commissioner Cook, to grant permission to transfer the following items to the Canaveral Port Authority: 1984 Chevrolet pick-up PR#328-0491, jointer/saw combination PR#502-0401, and typewriter PR#001-0814. Motion carried and ordered unanimously.

APPROVAL, RE: SUMMER FOOD SERVICE PROGRAM AT GRANT COMMUNITY CENTER

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve an additional Summer Food Service Program at Grant Community Center pending the participants meeting the State guidelines for qualification as an enrolled site through Florida Department of Education. Motion carried and ordered unanimously.

RESCIND AGREEMENT, AND ADOPT RESOLUTION AND EXECUTE AGREEMENT/EASEMENT WITH CITY OF PALM BAY, RE: JOINT WATER LINE PROJECT AT PALM BAY REGIONAL PARK

Motion by Commissioner Voltz, seconded by Commissioner Cook, to rescind the March 25, 1997 Agreement with the City of Palm Bay; and adopt Resolution and execute Agreement/Easement with the City of Palm Bay for the joint water line project at Palm Bay Regional Park. Motion carried and ordered unanimously.

APPROVAL OF FINAL PAYMENT TO SPEEGLE CONSTRUCTION, INC., RE: SCOTTSMOOR LANDING PARK

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve final payment of $26,541.52 to Speegle Construction, Inc. for Scottsmoor Landing Park. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: CUYLER PARK COMMUNITY CENTER ROOF REPAIRS AND PARADISE BEACH PARK PAVILION REPLACEMENTS

Motion by Commissioner Voltz, seconded by Commissioner Cook, to grant permission to bid, award to low responsible bidder, and authorize the Chairman to execute contracts for Cuyler Park Community Center roof repairs and Paradise Beach Park Pavilions replacement projects. Motion carried and ordered unanimously.

APPROVAL OF CHANGE ORDER NO. 1 AND FINAL PAYMENT TO HEARNDON CONSTRUCTION, INC., RE: KELLY PARK WEST

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve Change Order No. 1 with Hearndon Construction, Inc. decreasing contract total by $638.66 and increasing time by 42 days for development of Kelly Park West; and approve final payment of $64,638.04 to the contractor for the project. Motion carried and ordered unanimously.

AMENDMENT NO. 2 WITH DEPARTMENT OF STATE, DIVISION OF HISTORICAL RESOURCES, RE: EXTENDING GRANT PERIOD FOR SENATOR H. S. WILLIAMS HOUSE PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Cook, to execute Amendment No. 2 to Historic Grant Preservation Agreement with Department of State, Division of Historical Resources, extending the term to June 30, 1998 for the Senator H. S. Williams House Project. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF ROCKLEDGE, RE: FIRE SERVICE TO UNINCORPORATED PARCELS

Motion by Commissioner Voltz, seconded by Commissioner Cook, to execute Agreement with the City of Rockledge for provision of fire service to the unincorporated parcels within and surrounding the City. Motion carried and ordered unanimously.

PURCHASE OF SERVICE AGREEMENT WITH COMMUNITY SERVICES COUNCIL OF BREVARD, INC., RE: SCAT VOLUNTEERS IN MOTION PROGRAM TRANSPORTATION SERVICES

Motion by Commissioner Voltz, seconded by Commissioner Cook, to execute Purchase of Service Agreement with the Community Services Council of Brevard, Inc. in the amount of $70,000 for provision of transportation services for the Volunteers in Motion Program from July 1, 1997 through June 30, 1998. Motion carried and ordered unanimously.

MEDICAID PROVIDER AGREEMENT WITH AGENCY FOR HEALTH CARE ADMINISTRATION, RE: SCAT RE-ENROLLMENT AS MEDICAID PROVIDER FOR MED-WAIVER TRANSPORTATION SERVICES

Motion by Commissioner Voltz, seconded by Commissioner Cook, to execute Medicaid Provider Agreement for provider #0998826 96 to continue eligibility for the Space Coast Area Transit to provide Medicaid Waiver recipients' transportation. Motion carried and ordered unanimously.

RESOLUTION, GRANT APPLICATION, ASSURANCE FORM, GRANT AGREEMENT LOGT FUNDS, AND AMENDMENT TO BUDGET, RE: TRANSPORTATION DISADVANTAGED PROGRAM FOR 1997-98

Motion by Commissioner Voltz, seconded by Commissioner Cook, to adopt Resolution, execute Grant Application and Assurance Form, approve local matching funds of $125,000 from Local Option Gas Tax and $50,000 from fares to receive $829,475 to fund the Brevard County Transportation Disadvantaged Program, approve Budget Amendment, and authorize the Chairman to execute standard follow-up grant agreement contingent upon approval of the County Attorney and Risk Management. Motion carried and ordered unanimously.

RESOLUTION, GRANT APPLICATION, USE OF TOLL REVENUE CREDITS, AND EXECUTION OF CONTRACT DOCUMENTS, RE: 1998 SCAT CAPITAL AND OPERATING ASSISTANCE GRANTS

Motion by Commissioner Voltz, seconded by Commissioner Cook, to adopt Resolution, execute Grant Application, and authorize the Chairman to execute standard follow-up grant agreement contingent upon approval of the County Attorney and Risk Management for FY 1998 Space Coast Area Transit Capital Operating and Assistance Grant from the Federal Transit Administration in the amount of $3,180,902. Motion carried and ordered unanimously.

TASK ORDER NO. 97-02 WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC., RE: ENGINEERING SERVICES FOR CENTRAL DISPOSAL FACILITY

Motion by Commissioner Voltz, seconded by Commissioner Cook, to execute Task Order No. 97-02 with Post, Buckley, Schuh & Jernigan, Inc. to provide engineering services to evaluate the condition of the Central Disposal Facility's leachate piping, pumping, and storage system and prepare construction design specifications for rehabilitation of the system. Motion carried and ordered unanimously.

TASK ORDER NO. 97-03 WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC., RE: ENGINEERING SERVICES TO COMPLY WITH TITLES I AND V OF U.S. CLEAN AIR ACT

Motion by Commissioner Voltz, seconded by Commissioner Cook, to execute Task Order No. 97-03 with Post, Buckley, Schuh & Jernigan, Inc. to provide engineering services to assist the Solid Waste Department in complying with Titles I and V of the U.S. Clean Air Act. Motion carried and ordered unanimously.

AGREEMENT WITH KEEP BREVARD BEAUTIFUL, INC., RE: RECYCLING EDUCATION PROGRAM

Motion by Commissioner Voltz, seconded by Commissioner Cook, to execute Agreement with Keep Brevard Beautiful, Inc. for the Recycling Education Program. Motion carried and ordered unanimously.

CONTRACTS FOR SALE AND PURCHASE WITH SOPHIE AIELLO AND SYLVIA MAIL, RE: PROPERTIES ADJACENT TO CENTRAL DISPOSAL FACILITY

Motion by Commissioner Voltz, seconded by Commissioner Cook, to execute Contracts for Sale and Purchase with Sophie Aiello, guardian for James Aiello, and Sylvia Mail for property adjacent to the Central Disposal Facility. Motion carried and ordered unanimously.

MEMORANDUM OF AGREEMENT WITH UNIVERSITY OF FLORIDA, INSTITUTE OF FOOD AND AGRICULTURAL SCIENCES, COOPERATIVE EXTENSION SERVICE, RE: EMPLOYMENT OF LAURA BENNETT AS ANIMAL SCIENCE EXTENSION AGENT

Motion by Commissioner Voltz, seconded by Commissioner Cook, to execute Memorandum of Agreement with University of Florida, Institute of Food and Agricultural Sciences for employment of Laura Bennett as Animal Science Extension Agent. Motion carried and ordered unanimously.

SUBMISSION OF NOMINEES TO GOVERNOR, RE: CHILDREN'S SERVICES COUNCIL

Motion by Commissioner Voltz, seconded by Commissioner Cook, to authorize staff to submit Stephen Bunker, John Duncan Williams, Rehlla Murdaugh, and E. Jean Sharpe to the Governor as nominees for appointment to the Children's Services Council. Motion carried and ordered unanimously.

REJECT BIDS AND AUTHORIZE RE-BID, RE: BID #B-3-79-49, SOUTH MAINLAND LIBRARY (MICCO)

Motion by Commissioner Voltz, seconded by Commissioner Cook, to reject all bids for Bid #B-3-7-29, South Mainland Library (Micco); and authorize re-bid under revised specifications, including additive alternatives. Motion carried and ordered unanimously.

PERMISSION TO SOLICIT PROPOSALS, RE: ANNUAL INVENTORY OF COUNTY-OWNED PROPERTY

Motion by Commissioner Voltz, seconded by Commissioner Cook, to authorize Purchasing Services to solicit proposals from firms interested in providing annual property inventory services; and appoint a Selection Committee consisting of Management Services Director Stockton Whitten, Property Control Supervisor Roger Donnelly, and Facilities Management Director Hugh Muller or his designee, with Cheryl Pramuk of Purchasing Services serving as staff liaison. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, RE: DIGITAL PAGING SERVICES

Motion by Commissioner Voltz, seconded by Commissioner Cook, to authorize advertising requests for proposals from qualified paging companies to provide digital paging services; and appoint a Selection Committee consisting of Communications Systems Manager Joe Lamers, Community Services Administrator Don Lusk, Public Works Director Henry Minneboo, Battalion Chief Tom Long, and Eric Conklin of the Information and Communication Systems Department, with Patty Hostettler of Purchasing Services serving as staff liaison. Motion carried and ordered unanimously.

ACCEPTANCE, RE: BUDGET AND FINANCIAL REPORT FOR TWO QUARTERS ENDING MARCH 31, 1997

Motion by Commissioner Voltz, seconded by Commissioner Cook, to acknowledge receipt and accept the Budget and Financial Report for two fiscal quarters ending March 31, 1997. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Voltz, seconded by Commissioner Cook, to appoint/reappoint the following: Richard Wallace to the Historical Commission; Dorothy Hill, Evon Jackson, Kathy Jarrell, William T. Parlon, Nick Beninate and Alan Hemenway to the Merritt Island/Beaches Service Sector Advisory Board; and Robert A. Klaus to the Citizen Budget Review Committee. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: SPECIAL DISTRICTS FINANCIAL REPORTS

Motion by Commissioner Voltz, seconded by Commissioner Cook, to acknowledge receipt of Sebastian Inlet Tax District and St. Johns River Water Management District's audited financial statements for Fiscal Year ending September 30, 1996. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve bills and budget transfers, as submitted. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITIES AND DRAINAGE EASEMENTS IN WINDOVER FARMS, UNIT 4 - GLEN AND JANET ESTERKAMP

Chairman O'Brien called for the public hearing to consider resolution vacating public utilities and drainage easements in Windover Farms, Unit 4 as petitioned by Glen and Janet Esterkamp.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution vacating public utilities and drainage easements in Windover Farms, Unit 4 as petitioned by Glen and Janet Esterkamp. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PARKS IN PLAT OF KELLY PARK - FRANCIS GROOMS

Chairman O'Brien called for the public hearing to consider resolution vacating parks in Plat of Kelly Park as petitioned by Francis Grooms.

Doug Wohlert, BRPH Architects and Engineers, representing the Canaveral Port Authority, requested action be delayed to allow the Port to evaluate establishment of a park in the area; and described the area being considered.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to continue the public hearing to consider a resolution vacating parks in Plat of Kelly Park as petitioned by Francis Grooms to August 12, 1997. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITIES EASEMENTS IN VILLA DE PALMAS, SYKES COVE - IRVING AND ALICE BUBECK

Chairman O'Brien called for the public hearing to consider resolution vacating public utilities easements in Villa De Palmas, Sykes Cove as petitioned by Irving and Alice Bubeck.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution vacating public utilities easements in Villa De Palmas, Sykes Cove as petitioned by Irving and Alice Bubeck. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITIES AND DRAINAGE EASEMENT IN WOODBRIDGE AT SUNTREE, UNIT II, SUNTREE PUD, STAGE 85 - LARRY GOODSON

Chairman O'Brien called for the public hearing to consider resolution vacating public utilities and drainage easement in Woodbridge at Suntree, Unit II, Suntree PUD, Stage 85 as petitioned by Larry Goodson.

Commissioner Cook inquired about comments or objections to the vacating; with County Surveyor Beverly Sutphin responding the only comments was from Zoning that setback requirements will have to be met. Commissioner Cook inquired about the 99-year lease with the Country Club; with Michael Spillers advising it is immediately behind the easement. Discussion ensued on the location of the easement. Commissioner Cook inquired about drainage; with Ms. Sutphin responding she has not reviewed the drainage, but no comment was received from the staff engineers.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution vacating public utilities and drainage easement in Woodbridge at Suntree, Unit II, Suntree PUD, Stage 85 as petitioned by Larry Goodson.

Commissioner Voltz inquired about the size of the easement; with Ms. Sutphin responding it is a 15-foot easement, ten feet of which would be vacated leaving five feet.

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

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC DRAINAGE EASEMENT IN RIVER OAKS WEST - MICHAEL AND LINDA WINBURN

Chairman O'Brien called for the public hearing to consider resolution vacating public drainage easement in River Oaks West as petitioned by Michael and Linda Winburn.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Cook, to adopt Resolution vacating public drainage easement in River Oaks West as petitioned by Michael and Linda Winburn. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: CONSENT TO TRANSFER AND ASSIGNMENT OF NON-EXCLUSIVE CABLE TELEVISION FRANCHISE FROM CABLE BY CHOICE, LTD. TO TIME WARNER ENTERTAINMENT-ADVANCE/NEWHOUSE PARTNERSHIP D/B/A TIME WARNER CABLE

Chairman O'Brien called for the public hearing to consider Consent to Transfer and Assignment of Non-Exclusive Cable Television Franchise from Cable by Choice, Ltd. to Time Warner Entertainment-Advance/Newhouse.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to execute Consent to Transfer and Assignment of Non-exclusive Cable Television Franchise Agreement from Cable by Choice, Ltd. to Time Warner Entertainment-Advance/Newhouse Partnership, d/b/a Time Warner Cable. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE CREATING FLORA AND FAUNA WATER MUNICIPAL SERVICE BENEFIT UNIT

Chairman O'Brien called for the public hearing to consider ordinance creating the Flora and Fauna Water Municipal Service Benefit Unit.

Commissioner Cook inquired if all affected property owners have been notified of the cost; with Public Works Finance Director Jim Helmer responding affirmatively. Commissioner Cook noted 76.45% were in favor of the MSBU. He inquired if the conditions outlined in the letter from James Robertson are acceptable as part of the motion. Mr. Helmer advised Mr. Robertson is one of four who voted against the MSBU; the project would go forward in any event; and if the project goes forward as planned, the criteria should be met.

There being no further comments or objections, motion was made by Commissioner Cook, seconded by Commissioner Voltz, to adopt an Ordinance of Brevard County, Florida; creating the Flora and Fauna Water Line Municipal Service Benefit Unit; incorporating the terms and provisions of Chapter 98, Article II, Brevard County Code, entitled "Special Assessments and Bonds", to authorize the acquisition and construction of certain capital improvements within such improvement area and the imposition of non-ad valorem assessments within such improvement area; and providing an effective date, subject to the conditions specified by James and Joyce Robertson in their letter of May 14, 1997. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE REVISING SUBDIVISION AND SITE PLAN REGULATIONS

Chairman O'Brien called for the public hearing to consider ordinance revising subdivision and site plan regulations.

Commissioner Scarborough inquired if this comes from the change in the subdivision plan initiated by Commissioner Higgs; with Commissioner Higgs responding the changes were all staff initiated, but the change she desired is included.

Commissioner Higgs inquired if the 50% threshold is consistent with what is existing; with Ms. Heller responding it is, but it includes clarifying language.

Commissioner Cook inquired about certain sidewalk provisions; with Land Development Specialist Gwen Heller explaining the provisions. Commissioner Cook read aloud a portion of Section 6; and recommended the words "if any" be added after "a minor site plan may be submitted, in which case the land development section may select those agencies for review that are affected by the proposed plan."

Commissioner Voltz inquired about substantive changes; with Ms. Heller explaining the only substantive change was requested by the Board on the use of a parcel after it was platted; and there are no new requirements imposed on developers with the other changes.

Discussion ensued on allowing the Homebuilders and Contractors Association to review the ordinance, the addition of a wall requirement to the ordinance, walls or fences on industrial properties abutting residential properties, removing the wall requirement to allow agreement between property owners, walls versus fences, Indialantic Code, options in BU-1 and BU-2, and conditions for waiver.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to add "unless there are signed affidavits from all adjoining property owners that some alternative means of protecting the adjoining properties has been installed" after the words "masonry wall" in Section 7.

Commissioner Cook explained why he supports having the masonry wall as the standard, with exceptions coming to the Board.

Chairman O'Brien called for a vote on the motion. Motion did not carry. Commissioners Scarborough and Voltz voted aye; Commissioner O'Brien, Higgs, and Cook voted nay.

There being no further comments or objections, motion was made by Commissioner Cook, seconded by Commissioner Higgs, to adopt an Ordinance amending the Code of Ordinances of Brevard County, Florida, Volume II, specifically amending Article VII Subdivisions and Plats, Subsection 62-2844 (C) relating to maintenance security; adding Subsection 62-2897 providing for modifications to approved final plat; amending Subsection 62-2956 (B)(2) relating to bicycle and pedestrian facilities; amending Subsection 62-2956 (C) relating to construction specifications; amending Article VII Site Plans, Subsection 62-3203 (5) relating to other developments requiring site development plans; amending Subsection 62-3204 (D) (3) relating to minor site plan submittal requirements; amending Subsection 62-3204 (G)(4)(g) relating to requirements for commercial developments; Subsection 62-3205 (A) entitled Time Limitations and Expiration for Review and Approval of Site Development Plans; amending Subsection 62-3206 (D)(2)(n) relating to parking and loading requirements; amending Subsection 62-3206 (E)(4) relating to parking and loading area space design; amending Subsection 62-3206 (E)(8) relating to parking access; providing for severability; providing for an effective date, amended to add the words "if any" at the end of Section 6. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CODE ON TOWERS AND ANTENNAS

Chairman O'Brien called for the public hearing to consider ordinance amending Code on towers and antennas.

Mary Doty, representing APT Tampa/Orlando, Inc., expressed appreciation for changes in the proposed ordinance; and advised of support for the LPA recommendation of 1,200-foot tower separation. She outlined concerns about the vegetative buffer requirements.

Donna McIntosh, representing BellSouth Mobility, advised concerns have been expressed to County staff and the County Attorney. She expressed concerns about tower separation, separation from single-family residential homes to be from the base of the tower rather than the property line, and exclusion of existing on-site single-family residential homes.

Commissioner Higgs read aloud paragraph 4; and advised ARR should be in the same classification as AU. Planner Tom Myers outlined the ARR zoning classification. Commissioner Voltz commented on West Canaveral Groves.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to amend the ordinance to delete ARR from paragraphs 4 and 7 and add it to paragraph 8. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to add "off-site" under residential in paragraph 3(a). Motion carried and ordered unanimously.

Discussion ensued on distance from tower rather than distance from the parcel.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to amend paragraph 3(a) to read "five times the height of the tower and antenna, from the base of the tower or antenna." Motion carried and ordered unanimously.

Discussion ensued on separation requirements for billboards.

Motion by Commissioner Voltz, to amend the ordinance to provide a 1,500-foot separation under paragraph 4(b). Motion died for lack of a second.

Discussion proceeded on tower farms and separation requirements.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to amend the ordinance to provide a 3,500-foot separation under paragraph 4(b). Motion carried and ordered. Commissioner Voltz voted nay.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to amend paragraph 6(c) to require submittal of a sealed statement every second year. Motion carried and ordered unanimously.

Commissioner Cook inquired about paragraph 7; with County Attorney Scott Knox explaining the intent. Commissioner Cook inquired if it would be beneficial to add something to address property values of adjoining properties; with Mr. Knox advising economic effect is one of the things considered under compatibility issues.

Discussion ensued on construction of the equipment cabinet and buffering.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to amend paragraph 6(d) to read "shall be landscaped and maintained with opaque landscape buffer" and delete 6(f).

Discussion ensued on buffering.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to amend the motion to provide equipment cabinets will not be visible from existing properties.

Discussion resumed on buffering, and costs to citizens.

Chairman O'Brien called for a vote on the amendment. Motion did not carry. Commissioners Scarborough and Voltz voted aye; Commissioner O'Brien, Higgs and Cook voted nay.

Commissioner Voltz inquired about waiver provisions; with Chairman O'Brien advising of the provisions.

Chairman O'Brien called for a vote on the motion to amend paragraph 6(d) to read "shall be landscaped and maintained with opaque landscape buffer" and delete 6(f). Motion carried and ordered unanimously.

Commissioner Voltz inquired about the height in paragraph 2; with Mr. Myers responding the discussion last time was to go up to 200 feet. Commissioner Cook clarified it was up to 200 feet as long as there was no light.

There being no further comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner Scarborough, to adopt an Ordinance amending Chapter 62, "Land Development Regulations", Code of Ordinances of Brevard County, Florida; amending Article VI, Division 5, Subdivisions III, "Conditional Uses"; specifically amending Section 62-1953 "Towers and Antennas", providing additional conditions, providing for circumstances where a conditional use permit is not required, providing for location of antennas on existing structures, providing for conflicting provisions; providing for severability; providing for inclusion in the Brevard County Code; and providing an effective date, as amended. Motion carried and ordered. Commissioner Voltz voted nay. (Reconsidered later in the meeting.)

The meeting recessed at 10:25 a.m. and reconvened at 10:41 a.m.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to reconsider the Ordinance amending Code on Towers and Antennas. Motion carried and ordered unanimously.

Commissioner Voltz advised the 50-foot buffer around the perimeter of the property is excessive and should be removed from the Ordinance.

Motion by Commissioner Voltz, to strike from the Ordinance the provision calling for the 50-foot buffer around the perimeter of the property. Motion died for lack of a second.

Commissioner Scarborough stated the question was raised whether the Board was talking about 50 feet around the perimeter or around the equipment cabinet. Commissioner Higgs stated it was clear about the vegetation around the equipment cabinet, and the industry is concerned about the buffer around the perimeter of the parcel.

Ms. McIntosh explained the concerns about the perimeter buffer; stated the requirement for the perimeter buffer is an onerous burden; and requested it be deleted.

Discussion ensued on the perimeter buffer, compliance with the Federal Communications Act, burden on property owners, burden to industry, inability to have towers or antennas near I-95, cost of compliance with setback and buffer requirements, including 50-foot buffer in 200-foot setback, creating new parcel for tower application, and provision applying to all zoning categories.

County Attorney Scott Knox suggested adding "until the property is developed and County landscape requirements are met" to subparagraph c. Commissioner Higgs inquired about AU property.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to allow Mary Doty to speak. Motion carried and ordered unanimously.

Mary Doty advised companies do not typically lease the setbacks; exhibited a drawing depicting a typical site; and explained how the Ordinance is cost prohibitive and burdens the industry. She stated it is the most dangerous provision in the Ordinance in terms of non-compliance with the Telecommunications Act; and it will be impossible to lease sites. Mr. Knox stated the additional language takes care of the property owner; with Ms. Doty advising it does not take care of the cost. Discussion ensued on the buffering provisions of the Ordinance, and height of vegetation.

Commissioner Cook outlined the three options; stated the language the County Attorney suggested is reasonable; and suggested amending paragraph 4(c), to add "any existing vegetation six feet in height or above along a fifty-foot perimeter around the entire parcel upon which the tower is to be erected must be preserved until the property is developed and County landscaping requirements are met."

Commissioner Scarborough suggested including landscaping and land clearing requirements.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to amend paragraph 4(c), to read, "any existing vegetation six feet in height or above along a fifty-foot perimeter around the entire parcel upon which the tower is to be erected must be preserved until the property is developed and County landscaping and land clearing requirements are met." Motion carried and ordered. Commissioner Voltz voted nay.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt an Ordinance amending Chapter 62, "Land Development Regulations", Code of Ordinances of Brevard County, Florida; amending Article VI, Division 5, Subdivisions III, "Conditional Uses"; specifically amending Section 62-1953 "Towers and Antennas", providing additional conditions, providing for circumstances where a conditional use permit is not required, providing for location of antennas on existing structures, providing for conflicting provisions; providing for severability; providing for inclusion in the Brevard County Code; and providing an effective date, as amended. Motion carried and ordered. Commissioner Voltz voted nay.

PERSONAL APPEARANCE OF JOHN BEESON, PRESIDENT OF CONSTELLATION CONDOMINIUM ASSOCIATION, RE: INSTALLATION OF WOODEN DUNE PROTECTIVE WALL

John Pekar, Stottler Starmer and Associates, representing Constellation Condominium, advised over 42 homes are located in the complex; and explained the permit process with Beaches and Shores. He stated the residents have been working on the process for ten to twelve years; and displayed photographs showing the area. He advised there has been over 30 feet of erosion; it is within 40 feet of the foundation of the building; and seven major storms are predicted. He outlined the request for installation of a wooden wall with low material and vegetation at the toe of the wall to provide stabilization. He advised of the location of the complex; and stated just north of the facility a low dune retaining wall has been installed which is working well.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize the County to do anything possible to help the Constellation Condominium Association.

Commissioner Higgs advised the policy does not allow new shore hardening structures, but does allow for beach erosion control consisting of restoration projects or three-bag sills; and inquired if either has been done. Mr. Pekar advised of various activities undertaken since the 1980's, and explained the problems with bags.

John Beeson, Chairman of the Constellation Condominium Association, explained actions taken in 1994; and advised they have not placed bags in front of the dune as it appears to be ineffective in the long run. He stated they are trying to identify the process that will be the most effective and aesthetically acceptable.

Commissioner Higgs explained the provisions of the Comprehensive Plan; and stated there are other options which would be legal.

Chairman O'Brien advised the Board can change the wording in the Plan from "shall" to "should"; and read aloud from the Plan. Community Development Administrator Peggy Busacca advised removing the word "shall" through a Comprehensive Plan amendment, and putting the word "should" in, would add some flexibility.

Discussion ensued on actions that can be taken within the Comprehensive Plan, need for flexibility, impact of the U.S. government digging the deep water channel at Port Canaveral, need for immediate action to help the Constellation Condominium Association protect their property, and letter from the State.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to endorse the project; direct that a letter be sent to the Governor, and direct staff to prepare an amendment to the Comprehensive Plan providing for flexibility.

Commissioner Scarborough noted the Governor has power to act in the case of an emergency; and the Board can advise that it cannot proceed until the Comprehensive Plan is changed.

County Attorney Scott Knox advised the Board does not have to enforce every provision against everybody all the time; if the Board directs staff the change the Comprehensive Plan to "should", there is case law that provides that once steps are taken to move forward, the ordinance can be treated as if it was in effect.

Chairman O'Brien requested the letter include that this is an emergency situation.

Commissioner Cook amended the motion to include directing the County Attorney to prepare a letter to the Governor declaring this to be an emergency situation.

Commissioner Higgs inquired if Mr. Pekar looked at engineering for the three-bag sill; with Mr. Pekar explaining why the alternative would not work and why other alternatives were presented. Commissioner Higgs inquired about other wall installations; with Mr. Pekar advising of the status of other projects. Commissioner Higgs inquired if the County Attorney is saying if the Board determines it will change the "shall" to "should", it can subsequently act as though it was already changed; with Mr. Knox responding affirmatively. Commissioner Higgs inquired why that has not been done with other things; with Mr. Knox explaining the case law that allows amendments to be treated as if they are in effect if staff has been directed to prepare the amendments. Discussion ensued on the case law, the appeal provision, whether DCA approval is meaningless, and the inconsistency of the action.

Chairman O'Brien called for a vote on the amendment to the motion. Motion carried and ordered. Commissioner Higgs voted nay.

Chairman O'Brien called for a vote on the motion, as amended. Motion carried and ordered. Commissioner Higgs voted nay.

PUBLIC HEARING, RE: ORDINANCE AMENDING ADULT ENTERTAINMENT REGULATIONS

Chairman O'Brien called for the public hearing to consider ordinance amending adult entertainment regulations.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt an ordinance amending Chapter 62, Article XV, Adult Entertainment Code, Code of Ordinances of Brevard County, Florida; updating County Departments; providing findings of fact; amending nonconforming use grace period; amending time for license application review; amending notice for license application issuance or denial; providing procedure for processing incomplete license application; amending appeal process for license denial, suspension or revocation; repealing employee permit requirement; requiring maintenance and reporting of employee records; providing violation for failure to obtain occupational license; providing for severability; providing interpretation for conflicting provisions; providing an effective date. Motion carried and ordered unanimously. (Reconsidered later in meeting.)

Assistant County Attorney Shannon Wilson advised of typographical errors in the draft ordinance to be corrected. Ms. Wilson advised notebooks containing factual documentation have been available for public review, and one copy has been submitted for the record. She advised of additional documentation; suggested the Commissioners review the documentation; and advised a summary has been provided.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to reconsider Ordinance amending Adult Entertainment Ordinance. Motion carried and ordered unanimously.

Commissioner Higgs pointed out another typographical error for correction.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to continue the public hearing to consider ordinance amending the Adult Entertainment Ordinance to after the lunch recess. Motion carried and ordered unanimously.

DISCUSSION, RE: SHERIFF'S BUDGET REQUEST

Mary Tees, D. J. Olsen, and Maureen Rupe spoke in support of the Sheriff, but against the referendum.

Commissioner Scarborough explained the problems with funding the Sheriff's budget under the tax cap. Commissioner Cook advised of misconceptions about the Sheriff's budget and the tax cap. He advised the Board does not have the ability to fund the Sheriff's request without going to referendum; the amended request is still in excess of the cap; and funding law enforcement is a priority. Commissioner Higgs advised options to fund the three-year plan have been presented using different revenue sources.

Motion by Commissioner Higgs, seconded for discussion by Commissioner Scarborough, to approve not proceeding at this time with referendum for funding for the Sheriff's Office.

Commissioner Cook recommended leaving the referendum option open through the budgetary process. He noted the Sheriff's amended budget will not put new deputies on the street. Commissioner Scarborough advised of problems with the referendum in the unincorporated areas of the County, concerns of the municipalities, the Sheriff being unprepared for a referendum, and the difficulty in putting things back together once a referendum fails. He expressed desire to work with the Sheriff; and advised if the Sheriff goes to Tallahassee and gets his budget, and the Board has already set the millage, the County will be unable to provide vital services. Commissioner Voltz stated if the Board is required by law to fund the Sheriff's budget, it needs to work accordingly; and she has gotten calls against the referendum.

Discussion ensued on the referendum being the will of the people, requirement of the Board to fund the Sheriff, cutting the budget, decreasing expenditures per capita, balancing the budget, and unwillingness to raise taxes.

Commissioner Voltz inquired about the solid waste disposal fee; with Budget Director Kathy Wall responding the fee could be cut without cutting programs. Commissioner Voltz suggested cutting the solid waste disposal fee and adding the twelve dollars to the ad valorem taxes for no net increase in taxes. Commissioner Cook suggested cutting the assessment, but not increasing taxes; with Commissioner Voltz agreeing.

Commissioner Scarborough explained the correlation between paying taxes and living in a civilized country. Commissioner Cook advised of his desire to increase the Sheriff's budget, cut other areas of the County budget, and not have a tax increase. Commissioner Higgs stated she is not interested in raising taxes, but is interested in supporting what is necessary for public safety. She advised the decision today is whether to go forward with the referendum; and in the budget process, the Board can look at all revenues and make appropriate decisions. Commissioner Voltz inquired about the time period for the referendum. County Attorney Scott Knox advised if the Board gets approval to raise ad valorem revenues 2.754% to cover this particular increase in the budget, it will carry over from year to year unless taxes are cut again. Commissioner Voltz stated it would fund the Sheriff's budget this year, and after that, the Board could use the extra revenue for whatever it wanted. Mr. Knox advised the increase in taxes would remain, but it is up to the Board how it chooses to allocate DISCUSSION, RE: SHERIFF'S BUDGET REQUEST (CONTINUED)

it. Commissioner Voltz stated if the ballot says the taxes are specifically for the Sheriff's budget, then that would be only for the Sheriff's budget and nothing else, even ten years down the road; with Mr. Knox advising that is not necessarily true.

Discussion ensued on leaving the referendum option open, time frame for referendum, informing the public about the referendum, budget limitations, structuring the referendum fairly, and public input on decision to fund the Sheriff.

Ms. Wall advised the referendum time frame is a 90-day notice of the Board's intent to hold a referendum, and a 60-day window for the ballot language to be submitted to the Supervisor of Elections. Commissioner Voltz inquired if the Board decides in July or August that it does not need to go to referendum, can it back out. Duwane Lundgren, Assistant Supervisor of Elections, advised there have been minor expenditures, but there are no large expenditures until July; and that is the reason for the time limit on ballot language. Commissioner Scarborough inquired if it is difficult to have a referendum only for the unincorporated areas; with Mr. Lundgren responding no. Commissioner Scarborough inquired about the cost; with Marjorie Stump, Financial Manager, explaining the cost of various elections. Commissioner Cook noted last year not having a run-off election saved $170,000. Ms. Stump explained how things are budgeted by fiscal year; and stated the Supervisor of Elections is willing to give the money back for the run-off, but if the Board intends to have a referendum, it will be necessary to keep part of the money to fund it. Commissioner Cook inquired how much is the Supervisor willing to give back; with Ms. Stump responding $120,000. Commissioner Cook expressed confusion at the amount; with Ms. Stump explaining the discrepancy. Discussion ensued on the cost of a referendum. Commissioner Cook stated he will look at documentation on the expenses during the budget process; with Ms. Stump advising she will provide any documentation the Board desires.

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

The meeting recessed at 12:13 p.m. and reconvened at 1:17 p.m.

Commissioner Cook inquired if Commissioner Voltz intends to make a motion to eliminate the solid waste assessment; with Commissioner Voltz responding it will be done in the budget process.

PERMISSION TO QUOTE AND AWARD QUOTE, RE: REMOVAL OF TIMBER FROM VALKARIA SCRUB SANCTUARY

Norma Savell compared money spent on the environment versus human needs; and recommended money derived from the timber be given to the Community Based Organizations Advisory Board.

Jim French described the properties and ownership, the Georgia-Pacific profit/loss picture, and positions of St. Johns River Water Management District and Dynamac. He recommended it be allowed to go out to bid, but delaying execution of the agreement until there is more information.

Martin Lamb presented a video showing the EEL area; described the area, birds, and wildlife; and advised access to the Bull Creek Management Area is being limited. He commented on government conspiracy.

Zeke Nations advised he owns property abutting the EEL property and the F.I.N.D. site; and explained the proposed action is preventative maintenance. He stated he met with Georgia-Pacific and Dynamac, and walked the property; and Georgia-Pacific is the only company that could meet the stringent requirements of the County.

Environmental Services Administrator Stephen Peffer advised the proposal is for selective removal of timber on the site which will enhance the habitat for Florida scrub jays; explained the need of preventative maintenance; and stated it is part of the CARL Project for scrub jay habitat.

Chairman O'Brien inquired about the impact to endangered woodpeckers. Dr. Duane DeFreese, EEL Coordinator, responded there have not been reports of colonies of red-cockaded woodpeckers; but if trees with red-cockaded holes are identified, they will be flagged for protection.

Commissioner Higgs inquired about the cost; with Ann Burch responding the contract will provide approximately $10,000 in revenue. Commissioner Higgs inquired if there is no proposal to go with Georgia-Pacific; with Ms. Burch responding Georgia-Pacific will be able to re-bid in the sealed quote process. Commissioner Higgs noted there was a statement that the County owns 7,700 acres with Georgia- Pacific. Dr. DeFreese explained there is a property in Volusia County on which the St. Johns River Water Management District entered into a less than fee agreement with Georgia-Pacific, where certain rights for conservation were transferred to the District, and timber rights remaining with Georgia-Pacific; but the County does not have an agreement with Georgia-Pacific on any other properties. He clarified the confusion on the Buck Lake property where the County is partners with St. Johns River Water Management District.

Commissioner Cook expressed desire for verification of the siting of the red-cockaded woodpecker prior to any timbering taking place; and inquired about the Volusia County property. Dr. DeFreese indicated he is unaware of the full agreement. Commissioner Cook inquired what will the CARL reimbursement funds be used for; with Dr. DeFreese responding they are considered capital bond dollars reimbursed to the County, and can only be used for one-time capital expenditures, including acquisition, fence construction, signage, and an environmental learning center.

Commissioner Voltz inquired about verifying whether there are red-cockaded woodpeckers on the property; with Ms. Burch explaining the habitat of the woodpeckers, and how their presence is verified. Commissioner Voltz advised she flew over the property, and very few burned trees could be seen. Commissioner Cook expressed concern about loss of the trees; and stated if there are woodpecker nesting sites on one tree, that should implicate the whole area. Commissioner Voltz stated it is necessary to save 127 acres per bird. Ms. Burch advised she will look into the requirements for the species; the contract calls for saving long-leaf pines and the oldest, largest pines; and those things will be taken into account when the survey is done. Ms. Burch advised she will consult with U.S. Fish and Wildlife Service to insure the County is managing in accordance with red-cockaded management practices, if they are found on the site.

Motion by Commissioner Higgs, to grant permission to obtain sealed quotes for timber removal from the Valkaria Scrub Sanctuary, and award to the most responsive and qualified quoter submitting the highest quote; and authorize the Chairman to execute contract upon award of the quote, with the understanding staff will consult with the U.S. Fish and Wildlife Service if it is verified that red-cockaded woodpeckers are on the site.

Commissioner Scarborough expressed preference to have the contract come back to the Board so he can review information on the bird species on the site.

Discussion ensued on the report, putting the contract on the agenda, and cost and time to prepare report.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant permission to obtain sealed quotes for timber removal from the Valkaria Scrub Sanctuary, with the quotes to come to the Board for review before a contract is awarded.

Commissioner Voltz requested an opportunity to visit the property prior to awarding the contract.

County Manager Tom Jenkins advised the County can get volunteers to help with the siting report. Discussion ensued on volunteers.

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

APPROVAL OF VOLUNTARY WORKFARE PROGRAM, AND ACKNOWLEDGE RECEIPT OF REPORTS, RE: EMERGENCY RENT AND UTILITIES EXPENDITURES, COUNTY EMERGENCY WELFARE PROGRAMS AND STATE PROGRAMS

Housing and Human Services Director Bernice Jackson advised of budgets, services provided and eligibility guidelines of similar counties for emergency assistance; and explained how various programs are changing and operating with shrinking budgets and increased caseloads. She requested approval of the voluntary workfare program, and acknowledgment of status reports on emergency rent and utility expenditures. She advised she is not requesting additional funds for the emergency assistance program at this time.

Commissioner Higgs commented on the terms of the agreement; advised the funds for emergency assistance were cut in the budget by approximately 50%; and stated the proposal would provide valuable community service and training to allow people to become self-supporting.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve a pilot Voluntary Workfare Program for citizens who are unable to honor their repayment Agreements; and acknowledge status reports for emergency rent and utility expenditures and a comparison report of other Emergency Welfare and State programs.

Chairman O'Brien expressed concern that emergency welfare funds were not repaid. Commissioner Cook explained why the emergency assistance funds were used to pick up Medicaid expenses. Ms. Jackson advised grant monies have been received for utility services.

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

RESOLUTION, RE: SPECIAL ELECTION FOR REFINANCING CERTIFICATES OF PARTICIPATION

Motion by Commissioner Cook, to adopt Resolution calling for a special election on the question as to whether Brevard County should refinance its Certificates of Participation relating to construction of the Government Center.

Discussion ensued on the history of the COP's, the advantages of refinancing, whether money would be saved, term of the refinancing, not calling special election, and referendum date.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution calling for a special election on the question as to whether Brevard County should refinance its Certificates of Participation relating to construction of the Government Center, and approve September 9, 1997 as the target date.

Commissioner Scarborough expressed desire to have Tom Holley come to address the Board on the cost of refinancing and the cost savings.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution calling for a special election on the question as to whether Brevard County should refinance its Certificates of Participation relating to construction of the Government Center; approve September 9, 1997 as target date; and direct Financial Advisor Tom Holley to provide a report to the Board in early July, 1997 on the refinancing issue.

Discussion ensued on whether to set a referendum date at this time.

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

APPROVAL OF MATCHING FUNDS TO INTERNATIONAL SPACE STATION FOUNDATION, RE: EARTH STATION ONE

Chairman O'Brien advised the Tourist Development Council (TDC) receives all of its funding from tourist taxes.

Bonnie King, TDC Marketing Specialist, advised the TDC reviewed the funding request on May 21, 1997, and believes investment in the project has the potential to reap huge economic and tourism benefits. She commented on the word "museum", and advised it is the merging of education with entertainment. She advised of tourism advantages; and described the attraction.

Commissioner Higgs advised the project does not qualify under the laws for use of the tourist development dollars. Commissioner Scarborough inquired if the TDC had a copy of the County Attorney's memorandum; with Ms. King responding affirmatively. Ms. King stated the concern expressed was that the project was a theme park, but it meets the museum criteria. County Attorney Scott Knox stated the issue is whether the project qualifies as a museum; there have been changes in museums; but whether the proposed project qualifies as a museum is a decision for the Board. Commissioner Scarborough inquired if Mr. Knox reviewed the specific plans; with Mr. Knox responding Assistant County Attorney Kim Brautigam reviewed them.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve funding and entering into agreement with Earth Station One in the amount of $50,000, with $25,000 for consultant services to concentrate on securing additional funding and development and an additional $25,000 contingent on a 3 to 1 match, with the Foundation matching TDC funds with $75,000; and authorize the Chairman to execute the agreement.

Discussion ensued on the details of the arrangement, opportunity to monitor the performance of the project, billing the County, and verification of the 3 to 1 match.

Commissioner Scarborough amended the motion to include approval for the Foundation to bill the County. Commissioner Voltz accepted the amendment.

Chairman O'Brien advised a TDC member will be appointed to the Board of Directors of Earth Station One which will help with accountability. Commissioner Scarborough advised that will be included in the motion.

Commissioner Higgs expressed concern that the project cannot be defined as a museum. Commissioner Voltz advised it is up to the Board to decide that. Discussion proceeded on whether the project is a theme park or museum.

Chairman O'Brien called for a vote on the motion as amended. Motion carried and ordered. Commissioner Higgs voted nay.

APPROVAL OF ITEMS, RE: DAIRY ROAD SOUTH WIDENING PROJECT, FROM PALM BAY ROAD TO U.S. 192

Commissioner Higgs advised staff recommended not closing the road.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to decline to partially close Dairy Road during construction.

Commissioner Voltz advised that is with partial closing; with Public Works Director Henry Minneboo responding it is closing as indicated in the contract.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve all staff recommendations; execute Amendment to Contract with Kimley-Horn & Associates, Inc. for Dairy Road South Widening Project, from Palm Bay Road to U.S. 192; adopt Resolution for Florida Department of Transportation and authorize execution of County Deed transferring all of the County's interest in a portion of U.S. 192 that was acquired for a right-turn lane on the southwest quadrant of U.S. 192 and Dairy Road to FDOT; approve the concept, direct staff to develop an agreement with City of Melbourne, FIT Board of Trustees, and Forest Lake Development Company for the necessary exchange of properties for modification of Pond C; and direct staff to prepare all required County deeds for such exchanges. Motion carried and ordered unanimously.

INITIAL ASSESSMENT RESOLUTION AND PERMISSION TO AWARD BID, AND EXECUTE CONTRACT, RE: FLORA AND FAUNA WATER MUNICIPAL SERVICE BENEFIT UNIT

Motion by Commissioner Cook, seconded by Commissioner Higgs, to adopt Resolution ordering the acquisition and construction of assessable improvements in the Flora and Fauna Water Municipal Service Benefit Unit (MSBU) in District 4; and award bid and execute Contract with William Turnbaugh Construction, Inc. in the amount of $84,960 for Flora and Fauna Water MSBU improvements. Motion carried and ordered unanimously.

SPEED HUMP REQUESTS, RE: CAMDEN AVENUE

Chairman O'Brien advised Sharon Gaffney supports installation of the speed humps.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve installation of speed humps on Camden Avenue in Port St. John Subdivision.

Commissioner Cook noted Camden is a short street and not a main corridor; with Traffic Engineering Director Billy Osborne advising staff proposes denial of the request, but if approved, the recommendation is for two speed humps. Commissioner Voltz advised the request does not meet the criteria, but she will support the preference of the District Commissioner.

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

RESOLUTION, RE: TAX ABATEMENT APPLICATION OF RELM COMMUNICATIONS, INC.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution on behalf of Relm Communications, Inc. that: (1) states the Company is a qualified expanding business in Brevard County; (2 requests the Property Appraiser provide the Board with the necessary report; (3) requests the Economic Development Commission conduct an economic analysis and provide the Board with a recommendation of the Company's tax abatement application; and (4) authorizes publication of a public hearing notice to consider adopting an exemption ordinance. Motion carried and ordered unanimously.

APPROVAL OF CONSTRUCTION MANAGER, RE: OFFICE RENOVATIONS TO BUILDING D AT GOVERNMENT CENTER

Commissioner Voltz advised she did not receive information on the negotiated fee prior to the meeting. County Manager Tom Jenkins advised the negotiation did not take place until Friday afternoon, and it was impossible to get the information to the Board prior to this morning.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve the Selection Committee's number one ranking of Mach III Design/Build, Inc. for construction management services for office renovations to Building D at the Government Center; and approve the negotiated

fee of $17,371 for design/pre-construction phases of the project. Motion carried and ordered unanimously.

STAFF DIRECTION, RE: MUNICIPAL OVERLAY FOR PORT ST. JOHN

Mary Tees, President of the Port St. John Homeowners Association, requested the Board look favorably on the request for staff direction on the municipal overlay in Port St. John; and stated the residents are uneasy about encroachment from the north, and would like the borders protected while the area considers whether to go through the incorporation process.

Hans Saurenmann advised he wishes to address the Board about the incorporation of Port St. John. Commissioner Scarborough advised that is a separate issue. Mr. Saurenmann advised of his request for personal appearance prior to discussion of the overlay; stated his March, 1997 article was the cause of the request for the overlay; and he was treated unfairly. He explained how incorporation of Canaveral Groves would eliminate certain portions of Port St. John from the overlay.

Planning Section Manager Mel Scott stated when an area wishes to incorporate, one of the antiquated provisions is the two-mile separation requirement; advised of correspondence from the Joint Legislative Management Committee indicating Tallahassee does not give much weight to the two-mile separation requirement; and explained the reasoning behind the separation requirement and the legislative intent behind the municipal overlay. He advised of discussion with J. Thomas Beck, Chief of the Bureau of Local Planning, Department of Community Affairs, in which Mr. Beck concurred with his report on the municipal overlay. He advised this requires a Comprehensive Plan amendment; and if granted, Port St. John would be shown on the Future Land Use Map as a municipal overlay.

Commissioner Scarborough inquired about the municipal overlay process in terms of determination of the boundary. Mr. Scott responded if the Board chose Option 1, to determine the boundary, that would only be the first step to receive a municipal overlay. Commissioner Scarborough advised it would come to the Board at that time for public input; and until there is a defined boundary, it is difficult to proceed beyond that point. He emphasized that the municipal overlay and incorporation are different functions.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct staff to formulate a municipal overlay for Port St. John.

Discussion ensued on what is gained by the municipal overlay, desire of Port St. John to establish its borders against Cities of Titusville and Cocoa, incorporation, benefit of municipal overlay if no incorporation, going to referendum first, and why the overlay is being done if it is not necessary.

Commissioner Cook expressed desire to have the Advisory Board look at the issue.

Commissioner Scarborough amended the motion to direct that the boundaries be sent to the Port St. John Advisory Board to provide a recommendation to the Board of County Commissioners. Commissioner Voltz accepted the amendment, as long a staff is also involved.

Discussion proceeded on limits on use of staff time and expenditures and function of the Advisory Board.

County Attorney Scott Knox advised the Statute authorizing the municipal overlay district provides two mechanisms for evaluation; one is the staff evaluation; the other is to appoint a community organization to do it; and it is possible to use a combination.

Commissioner Voltz suggested having staff set the boundaries, and the Advisory Committee provide its opinion.

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

APPOINTMENTS, RE: CHARTER REVIEW COMMISSION

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to appoint Maureen Rupe, Gayle Cannon, Vern Jansen, Dr. Fred C. Leiser Jr., Al Notary, John Anderson, Carol Floyd, Paul Gougelman III, George W. Maxwell III, Martin Lamb, Hank Hurley, and Norma Savell to the Charter Review Commission. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING DRAW FROM TAX EXEMPT COMMERCIAL PAPER PROGRAM

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution authorizing a draw of $430,000 from the Florida Local Government Finance Commission Tax Exempt Commercial Paper Program to purchase a Northern Telecom Option 11 Switch for Rockledge Courthouse telephone services, finance the Vally Road Paving MSBU project, additional costs of the Habitat Road Construction MSBU, and the water line extension in Flora and Fauna Subdivision MSBU; authorize the Chairman to execute documents necessary to obtain the commercial paper draw; and direct staff to execute budget changes necessary to recognize the debt proceeds and appropriate the funds for the projects.

Commissioner Voltz inquired about the funding source for repayment of the $100,000 for the Telecom Switch; with Budget Director Kathy Wall responding the Communication Fund through savings realized by the capital purchase.

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

The meeting recessed at 2:59 p.m. and reconvened at 3:11 p.m.

PERSONAL APPEARANCE OF HANS SAURENMANN, RE: SATELLITE BOULEVARD FUNDING AND INCORPORATION OF CANAVERAL GROVES

Hans Saurenmann read aloud a statement concerning a proposed project for Satellite Boulevard in Canaveral Groves, between S.R. 520 and S.R. 407 and outlining project priorities; and requested the Board direct the Public Works Director to proceed with necessary measures to accomplish needed improvement for completion of the Satellite Boulevard project. He requested the Board focus on the Transportation Master Plan on an equal and fair basis per square mile, not only by population density. He continued reading a statement concerning incorporation of Canaveral Groves; submitted a map and proposed charter for incorporation of Canaveral Groves; and requested the Board assist and support the creation of the City of Canaveral Groves. He requested the Board proceed in accordance with Chapter 163.061, Florida Statutes; and explained the desired action. He advised of the need for funding for mailing of surveys and referendum ballots; stated the feasibility study will be complete in ten days; and the time frame for the referendum is set. He advised Canaveral Groves is ready to incorporate now, and is in an earlier stage than Port St. John. He advised of the area and population of Canaveral Groves; stated the population meets the State density requirements; and advised of his need for legal descriptions of the boundaries of Canaveral Groves. He requested the Board direct staff to produce a procedure for the incorporation, fund mailing of the feasibility study and charter to the voters, and prepare for a mail-out ballot next year. Chairman O'Brien inquired about the criteria for a seat on the Metropolitan Planning Organization (MPO). Growth Management Director Susan Hann explained the procedure for allocation of members to the MPO; and advised neither Port St. John nor Canaveral Groves have representation on the MPO other than the Commissioners.

Joe Stadnik spoke in support of incorporation of Canaveral Groves.

Chairman O'Brien inquired if the issue of the road should be brought to the MPO by the Commissioner of the District; with Ms. Hann advising Mr. Saurenmann will be addressing the MPO in July.

Commissioner Scarborough inquired if staff reviewed the documentation presented by Mr. Saurenmann; with Mr. Saurenmann responding no. Commissioner Scarborough stated he received a letter from President of the Canaveral Groves Homeowners Association, Francis Costello, advising the matter has not been discussed by the Board of Directors of the Association, but a public meeting will be scheduled on May 29, 1997, and requesting action be deferred until the community has an opportunity to become more involved. Mr. Saurenmann advised it is not an association. Commissioner Scarborough advised Ms. Busacca will be attending the meeting; and requested staff look at the information. Commissioner Scarborough emphasized the amount of work involved with seeking incorporation.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to acknowledge the presentation of Hans Saurenmann regarding funding for Satellite Boulevard and incorporation of Canaveral Groves; table the issue to allow for additional community input and staff review; and direct staff to place the item on a future agenda. Motion carried and ordered unanimously.

APPLICATION FOR F.I.N.D. GRANT FUNDING, RE: PURCHASE OF TWO MARINE VESSELS FOR SHERIFF'S OFFICE

Chairman O'Brien inquired why the Sheriff needs boats; with Major Chris Dorman responding to enforce County Ordinances and State laws. Major Dorman outlined various regulations and criminal activities which require the Sheriff to have a presence on the water. He advised the boats are replacement units; and there is no intent to increase the Marine Unit. Chairman O'Brien advised Florida Marine Patrol wants more officers for activities which are listed on the Sheriff's list; the Board will be adopting the Manatee Protection Plan ordinance; and inquired if the Board has to pay the Sheriff to enforce the Ordinances. Commissioner Cook advised the Board has not committed to the Manatee Protection Plan ordinance, and there is some indication an ordinance may not be appropriate. Chairman O'Brien advised the County has no authority over State waters; and inquired why the County should pay to patrol waters of the State. Major Dorman stated the County shares jurisdiction with the State; described the parameters of shared jurisdiction with the Highway Patrol on the I-95; and outlined enforcement on waterways. He advised with 540 square miles of waterways in the County, a fleet of three vessels is not excessive; and explained various functions performed by the Sheriff's Marine Patrol.

Commissioner Cook advised there was a marine contingent to the Sheriff's office; and inquired if it was discontinued; with Major Dorman responding no, it is ongoing. Commissioner Cook inquired if boats were disposed of; with Major Dorman responding the past administration disposed of large boats with the intention of replacing them. Major Dorman advised the Sheriff applied for the same grant last year, but did not get the funding.

Discussion ensued on the application, other applicants, and prioritizing.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution supporting the Sheriff's application for F.I.N.D. grant funding in the amount of $61,542 to purchase two 21-foot marine vessels. Motion carried and ordered unanimously.

RESOLUTION, RE: SUNTREE INCORPORATION REFERENDUM

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution calling a special election referendum on July 12, 1997 on the question of whether Suntree should be incorporated. Motion carried and ordered unanimously.

REDUCTION OF FINE AND PARTIAL RELEASE OF SPECIAL MASTER LIEN, RE: KENNETH AND JACKIE ELLIOTT

Attorney Frank Griffith, representing Kenneth and Jackie Elliott, advised his clients went to the Code Enforcement Board on several occasions, finally got all their permits, and the Special Master at the last hearing recommended the existing lien be waived with the Elliotts to be responsible for costs.

He stated the costs were estimated at $150, and the item was removed from the Consent Agenda because the costs were not realistic.

Commissioner Higgs expressed concern that the costs are not realistic in terms of covering the County's costs; and suggested the costs be changed to $1,000; and in the future, staff be directed to go before the Special Master or Code Enforcement Board with realistic administrative and time costs.

Mr. Griffith advised the $1,000 figure is agreeable to his client; and requested the lien be released.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to execute Reduction of Administrative Fine and Partial Release of Lien in the amount of $1,000; and direct staff to provide the Code Enforcement Board or Special Master with realistic administrative and time costs in the future.

Discussion ensued on the amount of the fine, contribution of $10,000 water line, whether the Elliotts knew they needed a permit, paying double for building permits, and costs of Code Enforcement cases.

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

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt an ordinance amending Chapter 62, Article XV, Adult Entertainment Code, Code of Ordinances of Brevard County, Florida; updating County Departments; providing findings of fact; amending nonconforming use grace period; amending time for license application review; amending notice for license application issuance or denial; providing procedure for processing incomplete license application; amending appeal process for license denial, suspension or revocation; repealing employee permit requirement; requiring maintenance and reporting of employee records; providing violation for failure to obtain occupational license; providing for severability; providing interpretation for conflicting provisions; providing an effective date.

Chairman O'Brien advised of discussions with the County Attorney and the Mayor of Cocoa Beach; and stated it is possible to adopt a Countywide ordinance if specific places are set up for adult entertainment, and to amortize establishments even if they are within municipalities, unless the municipalities opt out. Commissioner Cook requested the County Attorney provide a memorandum concerning amortization, noting it is possible to cause more problems than are solved.

Discussion ensued on amortization, not funneling establishments to unincorporated areas, and bringing in attorneys to implement a legally defensible regulation.

Chairman O'Brien called for a vote on the ordinance. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct the County Attorney to investigate the possibility of adopting a Countywide ordinance regulating adult entertainment and amortizing existing establishments; and direct staff to assist on zoning matters. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: JOHNSON JR. HIGH SCHOOL DRAINAGE IMPROVEMENT PROJECT

Commissioner Voltz requested clarification of the financial terms of the Johnson Jr. High School Drainage Improvement Project and the engineering services for the Master Drainage Study. Surface Water Improvement Director Ron Jones explained the time constraints on the school project, why there are funding constraints in District 5, and how they will be paid back in the next fiscal year.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to grant permission to bid the Johnson Junior High School Drainage Improvement Project and award to the lowest responsible and responsive bidder; and authorize the Chairman to execute the construction agreement with the successful bidder. Motion carried and ordered unanimously.

TASK ORDER NO. 53718-97-001 WITH CAMP, DRESSER & MCKEE, INC. RE: ENGINEERING SERVICES FOR MASTER DRAINAGE PLAN

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve Task Order No. 53718-97-001 with Camp, Dresser & McKee for engineering services for Master Drainage Study. Motion carried and ordered unanimously.

ASSIGNMENT OF OPTION TO PURCHASE WITH ENVIRONMENTAL LAND MANAGEMENT CORPORATION, AND APPROVAL TO ISSUE CHECK, RE: ACQUISITION OF GAFFNEY PROPERTY

Commissioner Voltz inquired if the property is not scrub habitat now; with EEL Coordinator Dr. Duane DeFreese responding it is dominated by scrubby flat woods, and so may be utilized by scrub species. Commissioner Voltz questioned the purchase by the EEL Program; with Dr. DeFreese explaining why the property is appropriate. Commissioner Voltz stated it is not good for scrub habitat as it is now; with Dr. DeFreese advising there will be some management, but the area is the premiere southern scrub jay core. Commissioner Voltz inquired about the details of the transaction. Dr. DeFreese advised of a correction to the purchase price; and explained the particulars of the deal. He advised the net cost is less with the deal on the table than it would have been if it had been possible to negotiate with the landowner; and the two mitigation interests are contributing significant dollars for wetland mitigation deals they require, which offsets the net cost for purchase of the property. Dr. DeFreese elaborated on the mitigation deals.

Commissioner Voltz inquired if Environmental Land Management Corporation is going to do this for nothing. Zeke Nations advised he is the real estate broker for the seller; and he is being paid a real estate commission by the seller, but not by the County. Mr. Nations explained the deal was packaged as it is to save on multiple survey and closing costs.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Assignment of Option to Purchase with Environmental Land Management Company for acquisition of 29.55? acres in Section 29 in Valkaria owned by John C. Gaffney; and authorize issuance of a check for $60,000 at closing. Motion carried and ordered; Commissioner Voltz voted nay.

AUTHORIZATION TO JOIN CLASS ACTION LAWSUIT, RE: COMPUTER MONITORS

Commissioner Voltz inquired how much money is involved in the issue; with County Attorney Scott Knox explaining it is not a lot of money, but the only action required is filing a notice to be part of the class action lawsuit.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to authorize joining the class action lawsuit against Gateway 2000, Inc. for misrepresentation of monitor screen sizes. Motion carried and ordered unanimously.

AGREEMENT WITH TOM JENKINS, RE: COUNTY MANAGER

Commissioner Cook expressed concern about the terms of the contract, the amount of the pay increase, the four-year term being in violation of the County Charter, and lack of reference to the County Manager serving at the pleasure of the Board. He advised how the Charter addresses the issue, and of salary levels in Polk County.

Commissioner Scarborough inquired about salary levels in other counties of similar size; with Chairman O'Brien quoting higher salary levels for Volusia, Lee, and Seminole Counties. Commissioner Scarborough noted the longevity of the contract is important. Commissioner Cook suggested increasing the County Manager's pay to $93,550 with up to a $350 a month car allowance, and that he serve at the pleasure of the Board.

Chairman O'Brien commented on the salaries of the Constitutional Officers and Director of the Port Authority, stability of the County, expense of finding a qualified replacement, other counties starting salaries being significantly more than Mr. Jenkins salary after nine and one-half years, and maintenance of continuity in the County. He suggested deletion of the term provision in the contract. Commissioner Cook advised $12,000 is a big jump in one year. Chairman O'Brien advised Mr. Jenkins has been under compensated for too many years. Commissioner Scarborough advised compared to the Constitutional Officers the proposed salary is reasonable; but expressed concern about the increase being automatic. He suggested the contract read the increase would be automatic unless there is other action by the Board. Commissioner Cook agreed. Chairman O'Brien stated the contract could provide that the County Manager will get the same increase as the Constitutional Officers, but he went with the Consumer Price Index instead. Commissioner Scarborough advised it would be automatic unless the Board takes action to the contrary; with Chairman O'Brien accepting the change. Commissioner Cook stated it should be evaluated on a year-to-year basis like other employees; in some years, the Board gave no increases; expressed concern about automatic increases; and suggested it be evaluated annually at budget time. Commissioner Scarborough stated the automatic increase, as long as things are going well, makes things run smoother rather than the Board being in the uncomfortable position of discussing the Manager's performance; and if there are problems, there are ways to deal with it.

County Manager Tom Jenkins advised if the Board is willing to discuss the salary and car allowance, he would prefer to continue with his current Employment Agreement.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize continuation of current Employment Agreement with County Manager Tom Jenkins, with the salary to be modified to $99,209 annually and car allowance of $350 per month.

Commissioner Higgs inquired about the vacation allowance; with Mr. Jenkins advising he is satisfied to leave it the way it is.

Commissioner Cook inquired if all the Charter provisions apply; with Mr. Jenkins responding yes.

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

DISCUSSION, RE: CASE LAW ON PROCEEDING BY DIRECTION

Commissioner Higgs advised the County Attorney advised when the law seems to be in conflict with what the Board wants to do, it can proceed after giving staff direction to change the law; and requested the County Attorney prepare a report for the Board thoroughly explaining that position and the case law involved.

County Attorney Scott Knox stated he can provide an explanation on the specific matter of the item which the Board handled today. Commissioner Higgs advised she would like the specifics of today's item, and how that may affect other issues.

WARRANT LISTS Upon motion and vote, the meeting adjourned at 4:23 p.m.

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

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