The Board of County Commissioners of Brevard County, Florida, met in regular session on May 16, 1995, at 9:00 a.m. in the Government Center Board Room, Building C, 2725 St. Johns Street, Melbourne, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Mark Cook and Scott Ellis, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Reverend Ken Babington, First Baptist Church of Cocoa Beach, Florida.

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

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve the Minutes of February 27, 1995 Regular Meeting, February 28, 1995 Workshop, March 9 and 14, 1995 Special Meetings, and March 7 and 14, 1995 Regular Meetings. Motion carried and ordered unanimously.

REPORT, RE: MEETING WITH NATIONAL PARK SERVICE

Commissioner Scarborough advised it was worthwhile going to Washington; and the Park Service representatives will be at the final public hearing on the ordinance prohibiting public nudity on May 18, 1995. He stated it was quite upsetting when they first got to Washington; there was a total lack of concern, such as if the Board passed an ordinance the Park Service does not plan to do anything with it attitude; but as time went on there were different postures taken by different people; and ultimately they recognized a responsibility and made management commitments sufficient to address the issue. He stated at the outset they were saying they did not see a role for a local ordinance, and by the end there were comments made that a local ordinance could have some relevance. He advised the tapes of the meeting are being copied for each Commissioner to listen to, as they may have questions for the representatives at Thursday's meeting.

Commissioner Ellis inquired what representatives will the Board have; with Commissioner Scarborough responding it will probably be Bob Deskins from the Atlanta Office, but they could send someone else. Commissioner Ellis inquired if he could speak with authority; with Commissioner Scarborough responding he would be able to speak with a great deal of authority.

Chairman Higgs advised the Newspaper said the Park Service would issue a policy statement today; and inquired if that was his understanding; with Commissioner Scarborough responding he has no idea what that is about. He stated the Park Service had not read or studied a whole lot of what he previously submitted; and it may have been in the process of developing a policy, but it was not clear from his conversations with the Park Service. Chairman Higgs inquired who was there from the Congressional Delegation; with Commissioner Scarborough responding representatives from REPORT, Congressman Weldon's Office, Congressman Dan Mica's Office, and Bill McCollum's Office, but no one from Senator Bob Graham or Connie Mack's office. He stated Senator Graham elected not to get involved in the issue because it was too controversial.

Commissioner Cook inquired if the Park Service was not interested in the Board's point of view; with Commissioner Scarborough responding in the end there was a significant change of attitude; there were so many different people there; and as the meeting evolved, it ended up with the Park Service wanting to implement management policies. He stated whether that will solve the real problem, or whether the ordinance will be an element in solving the problems is another issue; and each Commissioner will have to listen to the tapes and ask Bob Deskins questions before starting the ordinance discussion.

Commissioner Ellis inquired if the meeting will start with dialogue with Mr. Deskins before public comment; with Commissioner Scarborough responding it may be an advantage to do that because the people who were there with an interest in the issue would be knowledgeable of the limitations and possibilities.

Commissioner Cook stated his concern is yesterday the Park Service had no policy and today it will issue a policy statement even before the public hearing; and he wonders if it is analyzing the situation effectively.

Commissioner Scarborough advised there was a meeting on June 9 and 10, 1995 in Atlanta; and the same group he met with in Washington met with the naturalists on Friday. He stated when he first got there, they were under the impression he wanted to talk about their policy; and he said that is not what he is there to do, but he came to talk about what role the ordinance may play to take care of their problem. He stated after a period of time they began to understand that he was trying to get some definitions from the Park Service, and as that understanding came about, the dialogue became a little bit healthier.

Commissioner Cook advised Washington can promulgate any sort of rules it wants because it is a federal park; however, his concern is it is in Brevard County; and he would be very distressed if the Park Service was not willing to take the Board's input seriously.

Chairman Higgs inquired if the County Attorney had anything to add about the meeting; with County Attorney Scott Knox responding he had the flu and could not talk much at the meeting, but Commissioner Scarborough carried the ball; it started out with the traditional "we don't want to take a position on this" attitude; and at the outset of the meeting Commissioner Scarborough got very angry with that position; and the meeting became very constructive at that point. He stated they ended up with four directives the Park Service is going to issue to their people to try and correct the problem immediately, pending whatever the Board does on Thursday; and they will be at the meeting with some policy to present to the Board; so they received something constructive from the meeting. Chairman Higgs advised in anticipation of the Park Service being at the meeting Thursday to make a statement regarding its policy at the outset, she plans to have them come forward first on the Agenda ; and she assumes the Board will keep the same policy of three minutes per speaker. She stated she will ask the audience to hold the applause and cheers in between speakers so they can all be heard, unless the Board has a problem with that.

Commissioner Ellis inquired if what the Park Services is trying to do will be released to the County; with Mr. Knox responding the representatives indicated they hand scratched a new directive to issue, and that may be what they are referring to as the new policy.

Commissioner Cook stated if they are hand scratching out policies, something about that bothers him; and when the Board is about to take a position, the Park Service decides to get involved.

Chairman Higgs stated she would just welcome it doing something, and would like to know its position; and that has been frustrating to the Board to try and come up with a way to solve the problem not knowing where the Park Service is or what it is going to do. Commissioner Cook stated he thought the Board was going to try and influence its position; with Commissioner Ellis responding that is why Commissioner Scarborough went to Washington. Commissioner O'Brien stated there are nudists on the beach because the Park Service has no position.

Mr. Knox advised they presented the ordinance as a complete prohibition, and it became very clear soon in the proceedings that the Park Service was not going to buy any prohibitions, and if it will do anything, it will designate an area of the beach. Commissioner Ellis stated that would at least prohibit nudity at the south end of the beach which is better than what it has done in the past.

EXPRESSION OF BEST WISHES, RE: ASSISTANT COUNTY MANAGER DEAN SPRAGUE

Commissioner O'Brien inquired if Mr. Sprague is going to work for the City of Maitland for 32 years. Chairman Higgs advised Mr. Sprague has been offered a position, and she hopes he cannot negotiate a contract; but should he do so, the Board wishes him well if that is his desire.

Assistant County Manager for Community Development Dean Sprague advised it was with a great deal of trepidation that he actually entertained the offer; he has enjoyed Brevard County immensely and was not seeking employment; but it came to him, and is working out. He stated he was afforded an enormous opportunity here and learned a great deal working under Mr. Jenkins' tutelage; and he has grown tremendously in his profession, and will be forever indebted to Brevard County for that.

Chairman Higgs advised the Board appreciates his efforts and wishes him well.

DISCUSSION, RE: ITEMS PULLED FROM CONSENT AGENDA

Commissioner O'Brien pulled items III.A.14, III.A.15, III.B.8, III.B.9, III.B.11, III.D.14, III.E.4, and III.E.6.

Commissioner Cook inquired why Item III.D.16 was removed from the Agenda; with Central Services Supervisor Roger Donnelly responding staff requested an update on the appraisal which was received too late to attach to the Agenda package, so they have rescheduled it for the next meeting.

Commissioner Cook pulled items III.D.1 and III.D.4.

Chairman Higgs advised Commissioners O'Brien and Cook regularly pull items from the Consent Agenda on the morning of the meeting; and inquired if that is their policy and if she can anticipate that she will not see pulled items delivered to staff on Fridays.

Commissioner Cook advised that is not his policy, but many times he spends the weekends and Mondays going over the Agenda, but when possible, he tries to let staff know about the items he wants pulled beforehand.

Commissioner O'Brien stated that is essentially his reason, and also because he receives information so late that he has to wait until he gets it all. He stated last week he received information on Monday morning and Monday night by fax.

Chairman Higgs advised she just wanted clarification and to understand the reasons, because it is helpful to know what items are pulled so she can study those. She stated she wants to know what Commissioners are concerned about; and if the Board wants to have a different policy, she is willing to play by a different game. Commissioner Cook stated he does not have a problem with the policy, but sometimes it is not possible. Commissioner O'Brien inquired why is Chairman Higgs concerned about what he pulls; with Chairman Higgs responding because she is interested in the things that are of concern.

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

Chairman Higgs read aloud a Resolution proclaiming June 10, 1995 as International Young Eagles Day in Brevard County, and presented it to Martin Hadley, President of Valkaria Aviation Association.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution proclaiming June 10 ,1995 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.

Mr. Hadley advised the events will take place at Merritt Island and Valkaria Airports; during the course of the day, any individual between 8 and 17 accompanied by a parent or legal guardian can come out to get a briefing of how an airplane flies, pilot safety and aircraft safety; and that is followed by an orientation flight. He stated they are debriefed on what went on during the flight and receive a certificate; then all the information is sent to Oshkosh, Wisconsin, to the International Experimental Aircraft Association's Headquarters. He stated it will be an all day affair; and expressed appreciation to the Board for the County's participation.

PERSONAL APPEARANCE - BOB SALMONS, CANCER CARE CENTER, RE: RESOLUTION PROCLAIMING NATIONAL CANCER SURVIVORS DAY

Commissioner Ellis read aloud a resolution proclaiming June 3, 1995, as National Cancer Survivors Day in Brevard County, and presented the resolution to Bob Salmons, representing the Cancer Care Center.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to adopt Resolution proclaiming June 3, 1995, as National Cancer Survivors Day in Brevard County, and urging all citizens to join in the celebration of life. Motion carried and ordered unanimously.

Mr. Salmons advised once a person is diagnosed a cancer patient, he is a cancer survivor; they go through the new technology, what is new that they can do with insurance, and talk to patients who are in different stages of completing the cure of cancer; and they join hands in the celebration of a day of life.

PERSONAL APPEARANCE - MARK McMICHAEL, RE: RESOLUTION PROCLAIMING HURRICANE AWARENESS WEEK

Commissioner O'Brien read aloud a resolution proclaiming May 21 through 27, 1995, as Hurricane Awareness Week in Brevard County, and presented the resolution to Emergency Management Director Mark McMichael and Operations Supervisor Nancy Smith.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to adopt Resolution proclaiming May 21 through 27, 1995, as Hurricane Awareness Week in Brevard County, and urging all agencies and the media to inform residents and visitors of appropriate preparedness and safety measures. Motion carried and ordered unanimously.

Nancy Smith advised this is the kickoff for hurricane season; on May 25 they will have a hurricane hunter aircraft on display in the Melbourne area for the public to see what the aircraft looks like; that evening at Melbourne Auditorium they will do a presentation; and people from the National Weather Service and National Hurricane Center will be there.

RESOLUTION, RE: PROCLAIMING BEACH SAFETY WEEK

Commissioner Scarborough read aloud a resolution proclaiming May 22 through 29, 1995 as Beach Safety Week in Brevard County, and presented the resolution to the Public Safety staff.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution proclaiming May 22 through 29, 1995, as Beach Safety Week in Brevard County, and encouraging the people of Brevard County to practice water safety in all aquatic activities. Motion carried and ordered unanimously.

A staff member advised they will continue public education efforts with PSA's and go around to the schools in the K through 3 Program to introduce the children to water safety activities. He stated especially in Florida, with so much water to enjoy, it is important to get the message out to them as much as possible; and it is the time of year when beach activities increase.

PERSONAL APPEARANCE - PAM SHOEMAKER, STATE PRESIDENT, AND CHRISTY FISCHER, LOCAL CHAPTER PRESIDENT, RE: RESOLUTION PROCLAIMING FLORIDA WOMEN IN GOVERNMENT WEEK

Chairman Higgs read aloud a resolution proclaiming June 11 through 18, 1995, as Florida Women in Government Week in Brevard County, and presented the resolution to Pam Shoemaker, State President and Christy Fischer, Local Chapter President.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution proclaiming June 11 through 18, 1995, as Florida Women in Government Week in Brevard County, in recognition of all government employees who create a workplace environment that fosters mutual trust, open communication, honest feedback and teamwork. Motion carried and ordered unanimously.

Ms. Shoemaker advised they were here in 1990 and the members of the organization enjoyed it so much they voted to come back; during the week they will have, in conjunction with the institute of government, a three-day training seminar with various work force issues; they will include a turtle walk on the beach with the Turtle Association, and a protocol tour of NASA at the Space Center; they are looking forward to having a great time and appreciate the support they have received.

PERSONAL APPEARANCE - REPRESENTATIVE, RE: RESOLUTION PROCLAIMING EMERGENCY MANAGEMENT SERVICES WEEK Commissioner Cook read aloud a resolution proclaiming May 14 through 20, 1995 as Emergency Management Services Week in Brevard County, and presented the resolution to staff.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution proclaiming May 14 through 20, 1995, as Emergency Management services Week in Brevard County, and expressing appreciation to the emergency medical teams who give such incomparable service to the residents and visitors of Brevard County. Motion carried and ordered unanimously.

A staff member advised they are attempting to get the cities more involved; there are programs that involve Harbor City and the City of Titusville; and the County is assisting in those programs.

RESOLUTION, RE: RELEASING CONTRACT FOR IMPROVEMENTS IN NORTH GROVE SUBDIVISION

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution releasing the Contract with Shar-Mick, Inc. dated January 24, 1995, for improvements in North Grove Subdivision, as the developer has completed the sidewalk improvements. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT FOR IMPROVEMENTS IN FAIRWAYS AT THE GREAT OUTDOORS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution releasing Contract with EKS, Inc. for improvements in Fairways at The Great Outdoors, as the developer has completed all infrastructure improvements. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT FOR IMPROVEMENTS IN VIERA, TRACT DD

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution releasing Contract with The Viera Company dated December 6, 1994, for improvements in Viera, Tract DD, as the developer has completed all infrastructure improvements. Motion carried and ordered unanimously.

CONTRACT WITH CLASSIC FIELDSTONE, LTD., RE: IMPROVEMENTS IN SUNTREE ESTATES SUBDIVISION

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute contract with Classic Fieldstone, Ltd. for infrastructure improvements in Suntree Estates Subdivision. Motion carried and ordered unanimously.

CONTRACT WITH J & S ACQUISITION COMPANY, RE: IMPROVEMENTS IN MUIRFIELD VILLAS SUBDIVISION

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Contract with J & S Acquisition Company for sidewalk improvements in Muirfield Villas Subdivision. Motion carried and ordered unanimously.

CONTRACT WITH SASSO CORPORATION, RE: IMPROVEMENTS IN CITRUS ISLE SUBDIVISION

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Contract with Sasso Corporation for infrastructure and sidewalk improvements in Citrus Isle Subdivision. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: MORNINGSIDE MOBILE HOME ESTATES NORTH

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant final plat approval for Morningside Mobile Home Estates North, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: SUNTREE NORTH, PHASE III - EMERALD POINTE

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant final plat approval for Suntree North, Phase III - Emerald Pointe, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining jurisdictional permits. Motion carried and ordered unanimously.

EXTENSION OF CONSTRUCTION PERMIT, RE: BRIERE SUBDIVISION

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant one-year extension of Construction Permit for Briere Subdivision. Motion carried and ordered unanimously.

AMENDMENT WITH CITY OF MELBOURNE, RE: DISBURSEMENT OF TRANSPORTATION IMPACT FEE

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Second Amendment to Agreement with City of Melbourne for disbursement of transportation Impact fee for public transportation facilities in the amount of $1,461,671.31. Motion carried and ordered unanimously.

APPROVAL OF BUDGET CHANGE REQUESTS, RE: EMERGENCY SERVICES IMPACT FEE APPROPRIATIONS FOR BENEFIT DISTRICT 4

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve Budget Change Requests for Emergency Services impact fee funding recommended by the Public Safety Department and Technical Advisory Committee for Benefit District 4. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARINGS, RE: ORDINANCES ADOPTING 4TH AND 5TH SMALL SCALE PLAN AMENDMENTS 95S.4 AND 95S.5

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant permission to advertise public hearings to consider Ordinances adopting the 4th and 5th Small Scale Plan Amendments to the Comprehensive Plan 95S.4 and 95S.5, amending the Future Land Use Map Series. Motion carried and ordered unanimously.

AGREEMENTS TO EXTEND EXISTING CONTRACTS WITH RICHWORKS AND SOUTHEASTERN PRINTING COMPANY, INC., RE: HISTORY BOOK, VOLUME I

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreements to Extend Existing Contracts with Richworks and Southeastern Printing Company, Inc. for book design and printing of the Brevard County History Book, Volume I, extending the terms of the contracts from June 30 ,1995 to September 30, 1995. Motion carried and ordered unanimously.

RESOLUTION SETTING PUBLIC HEARING, RE: VACATING PUBLIC UTILITIES AND DRAINAGE EASEMENT IN RIVERSIDE LANDING OF SOUTH BREVARD - RICHARD AND REIKO ADAMS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution setting public hearing for July 11, 1995 to consider vacating public utilities and drainage easement in Riverside Landing of South Brevard as petitioned by Richard D. and Reiko A. Adams. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE WITH OMAR J. SMITH, RE: PORT ST. JOHN CONNECTOR ROAD

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Contract for Sale and Purchase and Addendum with Omar J. Smith to purchase 1.25 acres for the proposed Port St. John connector road at $7,000. Motion carried and ordered unanimously.

ACCEPTANCE OF RIGHT-OF-WAY DEED FROM ROCKLEDGE AVIATION, INC., RE: SPACE COAST INDUSTRIAL FLIGHT PARK SETBACK

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to accept Right-of-way Deed from Rockledge Aviation, Inc. for a five-foot strip of land adjacent to and north of Barnes Boulevard as a condition of site plan approval for Space Coast Industrial Flight Park. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, RE: PREVENTIVE MAINTENANCE SERVICES FOR HVAC EQUIPMENT AT CENTRAL BREVARD LIBRARY AND REFERENCE CENTER

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant permission to advertise Request for Proposals for preventive maintenance services for HVAC equipment at Central Brevard Library and Reference Center. Motion carried and ordered unanimously.

PERMISSION TO BID, RE: CASH REGISTERS FOR LIBRARY SYSTEM

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant permission to bid 14 cash registers for installation in each library. Motion carried and ordered unanimously.

AUTHORIZATION TO EXECUTE AGREEMENTS WITH CHILD CARE ASSOCIATION AND JTPA, RE: BEFORE AND AFTER SCHOOL CARE PROGRAMS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize the Parks and Recreation Director to execute agreements with the Child Care Association and JTPA for before and after school care programs. Motion carried and ordered unanimously.

AGREEMENT WITH PORT ST. JOHN SENIOR CENTER, INC., RE: USE OF MANATEE HAMMOCK AND STATHAM PARKS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreement with Port St. John Senior Center, Inc. for use of Manatee Hammock and Statham Parks to provide recreational activities from June 1, 1995 through May 31, 1996. Motion carried and ordered unanimously.

AGREEMENT WITH YMCA OF BREVARD COUNTY, INC., RE: USE OF TITUSVILLE HIGH AND MADISON MIDDLE SCHOOLS POOLS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreement with YMCA of Brevard County, Inc. for use of swimming pools at Titusville High and Madison Middle Schools. Motion carried and ordered unanimously.

WAIVER OF MUSIC REGULATIONS, RE: CHILDREN'S ORGAN TRANSPLANT ASSOCIATION FUND RAISER AT FOX LAKE PARK

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to waive provisions of Article IV, Festivals, to allow musical entertainment at the Children's Organ Transplant Association's fund raiser at Fox Lake Park on June 10, 1995, subject to the Association providing general liability insurance and obtaining all state and local regulatory permits. Motion carried and ordered unanimously.

AGREEMENT WITH KIWANIS ISLAND TENNIS ASSOCIATION, RE: USE OF KIWANIS ISLAND TENNIS COURTS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreement with Kiwanis Island Tennis Association for use of Kiwanis Island Park tennis courts from May 16, 1995 through May 15, 1996. Motion carried and ordered unanimously.

AGREEMENT WITH SCHOOL BOARD, RE: USE OF SHERWOOD ELEMENTARY SCHOOL FOR SUMMER DAY CAMP PROGRAM AND SPECIALTY CAMPS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreement with School Board for use of Sherwood Elementary School for Summer Day Camp and Specialty Camps from June 3, 1995 through August 4, 1995. Motion carried and ordered unanimously.

PERMISSION TO BID, RE: FIRE STATION GENERATORS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant permission to bid purchase of five fire station generators. Motion carried and ordered unanimously.

APPROVAL OF HAZARD MITIGATION GRANT PROGRAM APPLICATION, RE: WEATHER ALERT RADIO PROJECT

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve application to the Hazard Mitigation Grant Program of the Federal Emergency Management Agency and Florida Department of Community Affairs, Division of Emergency Management for the Weather Alert Radio Project. Motion carried and ordered unanimously.

CHANGE ORDER NO. 6 TO AGREEMENT WITH BUTLER CONSTRUCTION COMPANY, RE: NORTH BREVARD WATER TREATMENT PLANT EXPANSION

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve Change Order No. 6 to Agreement with Butler Construction Company, for North Brevard Water Treatment Plant Expansion Project, increasing contract price by $7,599.51 and extending time by 60 days for addition of direct drain line and other items. Motion carried and ordered unanimously.

AGREEMENT WITH KENNETH N. WEAVER, RE: CONFLICT ATTORNEY

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to accept resignation of Judith L. Kinney and execute Agreement with Kenneth N. Weaver to provide legal representation of indigent residents in conflict criminal proceedings until September 30 ,1996. Motion carried and ordered unanimously.

ACKNOWLEDGE, RE: CITY OF MELBOURNE COMMUNITY REDEVELOPMENT AGENCY FINANCIAL AUDIT

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to acknowledge receipt and accept the Annual Audit of the City of Melbourne's Community Redevelopment Agency. Motion carried and ordered unanimously.

ACKNOWLEDGE, RE: TITUSVILLE-COCOA AIRPORT AUTHORITY AUDIT

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to acknowledge receipt of TiCo Airport Authority's Audit for FY 1993-94. Motion carried and ordered unanimously.

AWARD OF BID #B-3-5-69 AND AGREEMENT WITH FLORIDA DEPARTMENT OF EDUCATION, RE: SUMMER FOOD SERVICE PROGRAM

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to award Bid #B-3-5-69, Summer Food Service Program, to sole bidder Brevard Community Kitchen at $25,839; and execute Agreement with Florida Department of Education for the Summer Food Service Program at Cuyler Park, Sylvan Park, Woody Simpson Park, Joe Lee Smith Park and Cocoa West Park. Motion carried and ordered unanimously.

AWARD OF BID #B-1-5-76, RE: GRADALL EXCAVATOR

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to award Bid #B-1-5-76, Gradall Excavator for Road and Bridge Division, to low bidder GSX, Inc. at $203,900. Motion carried and ordered unanimously.

AWARD OF QUOTE #Q-2-5-81, RE: JOE LEE SMITH POOL RENOVATIONS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to award Quote #Q-2-5-81, Joe Lee Smith Pool Renovations, to low quoter Santa Cruz Construction at $31,987. Motion carried and ordered unanimously.

AWARD OF QUOTE #Q-5-5-86, RE: SECURITY SERVICE AT MELBOURNE LIBRARY

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to award Quote #Q-5-5-86, Security Service at Melbourne Public Library, to low quoter G & S Security at $6.49 per hour estimated at $5,841 annually. Motion carried and ordered unanimously.

RE-AWARD OF BID #B-5-5-21, RE: JANITORIAL SERVICES AT GOVERNMENT CENTER

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to accept withdrawal of Controlled Building Services's bid, award Bid #B-5-5-21, Janitorial Services at Government Center, to Beeline Cleaning Express at $6,864 per month for 12 months with a one year extension, and execute Agreement with Beeline Cleaning for the service. Motion carried and ordered unanimously.

PERMISSION TO BID, EXECUTE SCHEDULES D AND F, RE: LIGHTING RETROFIT AT BREVARD COUNTY DETENTION CENTER

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize Florida Power & Light Company to bid lighting retrofit project at Brevard County Detention Center, and award to the bidder providing the best value to the County; and authorize the County Manager to execute Schedule D, Construction and Implementation Order, Schedule F, Payment Agreement, in accordance with the FP&L Services Agreement dated May 17, 1994. Motion carried and ordered unanimously.

PERMISSION TO BID, RE: EXPANSION OF DETENTION CENTER MINIMUM SECURITY FACILITY

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant permission to bid construction of the sixty-bed expansion of the Minimum Security Facility located behind the Detention Center in Sharpes. Motion carried and ordered unanimously.

ACKNOWLEDGE, RE: PROPOSED FY 1996 BUDGETS FOR CONSTITUTIONAL OFFICERS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to acknowledge receipt of the proposed FY 1995-96 budgets for Sheriff's Office, Supervisor of Elections, and Clerk of the Circuit and County Courts. Motion carried and ordered unanimously.

ACKNOWLEDGE, RE: F.I.N.D. 1995 PUBLIC FACILITIES REPORT

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to acknowledge receipt of the Florida Inland Navigation District (F.I.N.D.) 1995 Public Facilities Report. Motion carried and ordered unanimously.

ACKNOWLEDGE, RE: REVENUE MONITORING REPORT FOR QUARTER ENDING MARCH 31, 1995

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to acknowledge receipt of the Revenue Monitoring Report for the quarter ending March 31, 1995. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to appoint and/or reappoint the following:

Affordable Housing Council
Jacqui McPhillips, P. O. Box 1441, Cape Canaveral 32920 to replace Perry Miller with term expiring May 16, 1996.

Commission on the Status of Women
Anne Underhill, 123 June Drive, Cocoa Beach 32931 with term expiring June 30, 1996.
Jackie Fleener, 1480 N. Lester Court, Merritt Island 32952, with term expiring June 30, 1996.

Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING ROAD RIGHT-OF-WAY IN TITUSVILLE FRUIT AND FARM LAND COMPANY SUBDIVISION - BREVARD COUNTY SOLID WASTE DEPARTMENT

Chairman Higgs called for the public hearing to consider a resolution vacating a road right-of-way in Titusville Fruit and Farm Land Company Subdivision as petitioned by the Brevard County Solid Waste Department.

Assistant Public Works Director Ron Jones advised staff received a letter of objection from an adjacent property owner regarding drainage issues and right-of-way issues; and Mr. Rabon and the engineer is here to address any questions the Board may have.

Commissioner Ellis advised according to the map there is a culvert under SR 405 and a ditch that runs through the property to a culvert under I-95; with Solid Waste Management Director Richard Rabon responding that is correct, and the drainage will remain the same. Commissioner Ellis inquired if staff is going to loop the ditch around the mulching area or pipe it; with Mr. Rabon responding there will be culverts to take the water back under I-95 to the place where it is now. Commissioner Ellis inquired if the water will be re-directed; with Mr. Rabon responding no, pre-development and post-development drainage will be the same.

Gordon Threlkeld, Engineer with Gee and Jenson, advised they are the engineer of record on the mulching facility project; the issues raised in Mr. Moehle's letter concerning drainage have been addressed in the design; the Water Management District had similar questions; and there are actually two outfalls from the site. He stated one outfall is on the west side where the property abuts I-95; there is a culvert under I-95 at that location; and that is considered one outfall. He stated the other is a ditch that traverses the property from the northeast end and exits on the southern end about in the middle of the property; and that ditch continues on a little bit further south and flows through a different culvert under I-95 into the wetlands.

Commissioner Scarborough advised he wanted assurance from the engineer on the record that the County is not going to have a problem with drainage; with Mr. Threlkeld responding they maintain very similar drainage conditions in accordance with the Water Management District's rules and regulations.

Commissioner Ellis inquired if the new culverts that meet the Water Management District's rules will be able to carry the same amount of water as the existing ditch; with Mr. Threlkeld responding yes. Commissioner Ellis inquired if the water is being shifted south; with Mr. Threlkeld responding there will not be a re-diversion of water; the drainage will continue in the same manner as it is currently working; and all the culverts were sized in accordance with the District's criteria and will handle the 25-year storm event. Commissioner Ellis stated he wants to make sure they are big enough to handle the water and that the County is not going to have a problem.

Commissioner Cook inquired what were the objections from the adjacent property owner; with Mr. Jones responding the project removes the road bed and drainage to the west, the right-of-way intercepts major drainage from the entire area to the north and east, the project diverts the major drainage directly onto Modern's lands to the south causing an unfair hydrological burden, and mulching and hazardous waste storage and transfer facility project discharge may contain contaminants that would add further burden and damage to Modern, Inc.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution vacating road right-of-way in Titusville Fruit and Farm Land Company Subdivision as petitioned by Brevard County Solid Waste Management Department. Motion carried and ordered unanimously.

*NOTE: Reconsidered and continued later in the meeting.

PERSONAL APPEARANCE - SENATOR CHARLES BRONSON, RE: PRESENTATION OF OPERATING GRANT AWARD FOR LIBRARY SYSTEM

Senator Charles Bronson advised it is a very distinguished honor to do something today on behalf of Secretary of State Sandra Mortham; it was brought to his attention that Brevard County probably has one of the highest usage rates for library systems in the State of Florida; and under the grants program from the states and federal governments back to the counties, he is here to present a check to Kathryn Stewart for $447,502.50 to help in the library system. He stated there is another check coming which will complete this grant at over $800,000 for library systems; and Brevard County should be commended for such a great system that is recognized statewide. Senator Bronson presented the check to Library Services Director Kathryn Stewart.

Chairman Higgs expressed appreciation to Senator Bronson for bringing the check.

Commissioner Cook inquired if Senator Bronson can help with the costs of Article V; with Senator Bronson responding the Delegation has worked on a number of things for Brevard County; a lot of people around the state are trying to zero out things going on in Brevard County; the west coast TRDA was zeroed at one point during the budget talks; Spaceport Florida was zeroed at one point; and they managed to get the money back to keep those programs going. He stated the arts and science programs and cultural programs will be funded at a higher rate in Brevard County than they have been in the past; so they have managed to do a few things right in Tallahassee this year.

PUBLIC HEARING, RE: VARIANCE FROM ORDINANCES 85-17 AND 87-30, RE: COASTAL SETBACK LINE FOR BARBARA MEJIAS

Chairman Higgs called for the public hearing to consider a variance from Ordinances 85-17 and 87-30 regarding the coastal setback line for Barbara Mejias.

There being no objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant variance from Ordinances 85-17 and 87-30 regarding the coastal setback line as requested by Barbara Mejias. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING BUILDING AND TECHNICAL CODES TO INCLUDE SURFACE WATER DRAINAGE CRITERIA

Harry Fuller, 424 Dorset Drive, Cocoa Beach, representing Space Coast Builders Association, advised the item came out of the drainage problems between homes, many of which are in Port St. John; and the ones he looked at were due to differences in elevations of new and older homes which created runoff and swamping on the sides. He stated the ordinance proposes two conditions--(1) a positive outfall, which means if the lot is on a County maintained drainage system, all the owner has to do is provide a site map containing arrows showing the direction of the drainage; and (2) is no positive outfall, and requires an engineer to design the drainage system. He stated in the past, when they built on lots with relatively the same elevations, they did not have this problem; the site map will only show the drainage for the new home and will not involve the home next to it; and it does not solve the swamping that may occur between two homes. Mr. Fuller advised there has not classically been a problem in most cases where there is no County drainage system and just raw land; the lots are usually large and eliminates the conflict because there is a lot of area to drain to; however, the ordinance requires an engineer to design the system and the owner to grade to whatever the engineer requires, then the engineer comes back and examines it to ensure it is done according to his plan. He stated it gets another cost involved; engineers cost about $600 to $800 per home; and with the increased construction time, the cost would run higher. He stated based on what they know and what the real problem is, and because the ordinance is not a solution to the flooding of homes from side to side, the Association recommends the Board not go forward with the ordinance because it will not solve the real problem.

Commissioner O'Brien inquired if positive outfall means the water will be collected close by the lot; with Mr. Fuller responding it means the County has agreed to the drainage process of the community; and in older communities, the positive outfall is the swale in front of the house and the water is carried away by a County system. Commissioner O'Brien advised Mr. Fuller brought photographs showing the problem with houses elevated higher than the others and water came off one lot and flooded another; with Mr. Fuller responding in the past, when they had no difference in elevation and were all building relatively on the same elevation, they did not have this problem. Commissioner O'Brien inquired if the Association recommends all houses be built on the same elevation to the house next to it; with Mr. Fuller responding to get the flooding problem under control cannot be done with something that says how to carry the water away after the problem has been created; it needs to solve the cause of the problem that creates the flooding; and the cause is the difference in elevations. He stated the solution to the problem is controlling elevations. Commissioner O'Brien stated the ordinance refers to ten inches and not two or three feet; it says, "In the event the contractor/owner/builder has inadvertently built a portion of a home structure where the lowest floor elevation is less than the required ten inches as stated above." Mr. Fuller advised the ten inches above the crown of the road is a Federal Emergency Management Administration (FEMA) requirement; they have to satisfy that to keep the flood insurance program in effect; and if the federal government comes in and finds they are violating the ten-inch requirement, they can take away the flood insurance program. Commissioner O'Brien stated it also says, "Shall have the lowest floor, excluding the floor of the garage, elevated at least ten inches above the crown grade of the public thoroughfare of which the property abuts." He inquired if Mr. Fuller is saying that is not a good idea; with Mr. Fuller responding the problem is created when they do not build down to the ten inches and build two feet above the crown of the road for one house and ten inches for the house next door.

Commissioner Cook advised Mr. Fuller makes a good point about solving the problem after creating it; he concurs it may be an elevation problem; but he does not have a problem sending the ordinance forward to advertise the public hearing because it can be amended.

Commissioner O'Brien advised Mr. Fuller is saying use elevation control to eliminate swamping; the photographs were evidence of the real problem; and he does not know what the Board is trying to accomplish with this ordinance.

Chairman Higgs advised there are two parts to it; and the Building and Construction Advisory Board recommended the ordinance for advertising by a vote of 3 to 1.

Commissioner Ellis advised paragraphs B and C came up when people were building along South Tropical Trail where the land falls away from the road; and to get ten inches above the crown of the road would end up with houses on stilts. He stated Section 22-48(d) is the septic tank issue that gets into the different elevations; if a house next door is 24 inches, and the builder on the next lot has to come in at 36 inches, he has to have a site drainage plan; that was the issue in Port St. John and Ms. Ormsby who had five houses on quarter-acre lots with various elevations; and the question is why were the elevations different. He stated under the current rules the septic tank has to be 24 inches above the high water mark; and inquired why would there be 36 to 48 inches of fill when it says 24 inches above the high water mark, and is it from the bottom of the septic tank. Larry Sims advised the bottom of the rock in the drainfield has to be 24 inches above the wet season water table. Commissioner Ellis inquired what is the depth of the rock; with Mr. Sims responding approximately one foot. Commissioner Ellis stated it would make sense that the most they would have to go is 36 inchres, and that would be if the water was at ground level.

Mr. Jones advised in the past, Chapter 10.D-6 has undergone one change, specifically the area of where the seasonal high water table is in terms of the procedures that are utilized; what has happened is that in a number of instances, past construction had been permitted at an elevation which would not be permitted again today per Chapter 10.D-6, Florida Administrative Code. Commissioner Ellis inquired if Mr. Jones is referring to the change from six to 24 inches; with Mr. Jones responding yes. Commissioner Ellis repeated Ms. Ormsby's plight and the scenario of building at a maximum elevation of 36 inchres for the 24 inches above the high water mark and the 12 inches of rock.

Assistant Code Compliance Director Ralph Brescia advised there is a slope for the drainage pipe leading from the house into the drainfield; and it makes sense what Commissioner Ellis is saying; however, there are some cases where they will go above 36 inches.

Mr. Jones advised sometimes it occurs because the water table varies. Commissioner Ellis stated it would be hard to see the water table varying 20 inches from quarter acre to quarter acre.

Building Official Paul Smith advised there is no limitation on the height, and sometimes that happens because the owner decides he wants his house higher than the neighbor's house.

Commissioner Ellis stated the Board could control that by having a maximum height based on the septic tank. Mr. Jones advised Brevard County does not set a finished floor elevation regarding single-family construction except in the instance where it is in accordance with agreements made with FEMA in order to allow for flood insurance within Brevard County. Commissioner Ellis stated the County does defacto set the finished floor elevation when siting septic tanks because most people will put the finished floor elevation where it will drain the septic tank without using a pump system. Mr. Jones stated it may be as much as an 18-inch variation depending on the plumbing layout of the home with respect to reaching the quarter inch per foot slope. He stated if one house had all the restrooms close to the installed septic tank, it may be at a lower elevation than a house with the restrooms located on the opposite side of where the septic tank is. Commissioner Ellis stated the ordinance does not address the owner's decision on the height of his homesite.

Mr. Jones advised he would like to provide clarification of some of the statements that were made; the Space Coast Builders Association did come forth with a proposal during the last Board meeting; Mr. Sims transmitted that proposal with regard to setting of finished floor elevations to Tallahassee; and HRS came back and said no, it would not be in accordance with Chapter 10.D-6 which requires a site specific investigation at each location. He stated a positive legal outfall definition was given as being a County-maintained system; however, a positive legal outfall could be a lake, stream, river, etc. which the property is directly adjacent to or a County-maintained drainage system. Mr. Jones advised the ten inches above the crown of the road is not a FEMA requirement, it is a County Ordinance regulation. He stated the problem exceeds the scope of the septic tank issue; the Board directed staff to come up with a mechanism with which to address the issues; unfortunately the position staff has been in is to advise adjacent residents it is a civil matter.

Commissioner O'Brien advised Mr. Fuller brought up the issue previously if there were any septic tank failures with tanks less than 24 inches above the high water mark; and the answer was not really; so they are installing tanks above the ground and covering them with dirt, which forces the house to be higher than the tank to run down to the tank, and creating the drainage problem. He inquired if there are 20 houses on a street built before the 24-inch rule and their septic tanks are not failing, why would the new house owner be forced to build according to the new rule; with Mr. Sims responding the State went to the 24-inch separation so that the septic effluent is treated properly before it gets into the ground water table; a septic system may function properly closer than 24 inches and could function if it was directly in the water table; but it would not meet the State standards for clarifying the water before it is discharged into the water table. Commissioner O'Brien inquired if staff went back to the State and asked to use discretion; with Mr. Sims responding no, they follow the State rules. Commissioner O'Brien stated sometimes, when things do not make common sense, it is better to go back to the State and say its rules may apply in Tallahassee, but it does not work well in Brevard County.

Commissioner Cook inquired if the County can set a maximum height elevation; with Mr. Jones responding the County could, but with that would come liability should anything adverse occur. He stated if there was a flooding event and the finished floor became inundated, the County could have put itself in a liability position. Commissioner Cook stated everything the County is mandating such as the site drainage plan, permitting process, etc. would place it in a liability position.

Chairman Higgs inquired how many times the Building and Construction Advisory Board has seen the proposed ordinance; with Mr. Jones responding three times in which it took action. Chairman Higgs inquired if the problems with Ms. Ormsby and Treasure Lane will be addressed by the provisions in the proposed ordinance; with Mr. Jones responding that is correct. Chairman Higgs inquired if the Local Planning Agency has reviewed the ordinance; with Mr. Jones responding the Local Planning Agency unanimously approved it. Chairman Higgs stated she is comfortable that the ordinance will take care of many concerns. The Board briefly discussed the vote of the Building and Construction Advisory Board on the proposed ordinance.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to grant permission to advertise a public hearing to consider an ordinance amending the Building and Technical Codes to include surface water drainage criteria. Motion carried and ordered; Commissioner O'Brien voted nay.

BOARD DISCUSSION AND DIRECTION, RE: SPACE ALLOCATION

County Manager Tom Jenkins requested the item be tabled to the next meeting as the report was not given to the Board in time.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to table Board discussion and direction on space allocation until June 6, 1995. Motion carried and ordered unanimously.

DISCUSSION, RE: BEVERLY ENTERPRISES, INC./MERRITT ISLAND NURSING CARE CENTER

Economic Development and Legislative Affairs Director Greg Lugar advised representatives from Beverly Enterprises, Inc. are here to give a presentation to the Board.

Attorney Chuck Grice, with the law firm of Farris, Warfield, & Kanaday in Nashville, Tennessee, representing Beverly Enterprise, advised with him from Beverly Enterprises is Vice President Jim Pietrzak, from Fort Smith, Arkansas; and their purpose is to discuss acquisition of a nursing care facility operated by Beverly in Merritt Island. He stated in 1973, Mediplex began construction of a nursing home in Merritt Island; and Mediplex was a start-up company that could not get conventional financing, so its only means of constructing the project was through high yield tax exempt bonds. He stated in 1973, Florida had no laws creating industrial development authorities for taxing and financing, so the only means was through an arcane IRS Rule called 63-20; the Rule said the Board could create a special non-profit corporation that could issue tax-exempt bonds for projects of this type; so the Merritt Island Health Care Authority was formed and issued $750,000 of bonds; and in 1980, it did additional bonds of $1,000,000 for expansion, which was approved by the Board at that time. Mr. Grice advised the Authority that was created held title to the facility and leased it to a subsidiary of Mediplex; the subsidiary under the lease had to retire the debt reserve and debt payments of the bonds; but there is one very unusual condition about the IRS 63-20 Rule. He stated when the bonds are paid off, title of the project goes back to Brevard County; there are two bond issues that are outstanding now that mature in 1998; and when they mature, the County will be the owner of the building and the land. He stated Beverly acquired the facility in 1982, assumed the lease, and has been paying the bonds which are now down to $580,000; and because title reverts to the County in 1998, that is why they are here. Mr. Grice advised Beverly would like the Board to consider the concept of selling the facility to Beverly now rather than in 1998; they propose to pick an appraiser from an approved list of the County to determine the value of the County's interest in the Merritt Island home; and that would be the beginning point for negotiations with County officials. He stated if they agree in principal on a price, Beverly would then pre-pay the existing bonds, and title would go to the County; however, there is another unusual rule about the 63-20 IRS Ruling. He stated after the bonds are paid off, they must wait 90 days before the County can sell the facility to Beverly; so to legally get around the problem, when Beverly pays off the bonds, simultaneously Beverly will enter into a long-term lease with the County which is tantamount to Beverly's ownership. He noted that would give Beverly comfort during the 90-day period that it would have control of the project; and to give the County the comfort it wants to get the purchase price, the County would be given a "put" option so it can sell the project to Beverly at any time after the 90-day period. He stated for legal reasons discussed with Mr. Knox, the sale would be done through the non-profit authority. Mr. Grice advised the advantages to both parties of approaching this now instead of 1998 are: (1) Beverly would like to make some capital improvements to the project, but renters are reluctant to make major capital improvements and additions without assurance that it will have control of the home; and they think the planned additions will help the residents of the home; (2) the County would receive the money now rather than in 1998, and should receive more money now rather than later; an appraisal of a building with an existing operator that is not older and not empty should be a higher appraisal than having a single-purpose building in 1998; (3) Beverly would continue to operate the facility with a long-term commitment to the County as an employer for the benefit of its residents; and (4) he assumes the County does not want to be in the business of operating nursing homes since it requires a great deal of expertise with potential liability. He requested the Board allow Beverly to pick an appraiser at Beverly's cost to begin the negotiations and give an indication that the concept is acceptable so they can begin the process.

Jim Pietrzak, 5111 Rogers Avenue, Fort Smith, Arkansas, Vice President of Beverly Enterprises, advised motivation of Beverly is simple; it is a renter right now; in 1998 it will have no residual interest in the facility; the nature of the business has changed quite a bit; they are a very low margin business; and with all the budgetary constraints on the federal and state level, they need to reach out and do different things with the facility. He stated one of the things that is important in their business is therapy; they desperately need a therapy addition and a major renovation of the facility; he anticipates they would spend between $250,000 to $300,000 improving the building; they are reluctant to do that if they will not have an interest after 1998; and that is why they are trying to get this accomplished.

Commissioner O'Brien inquired how long is the lease and how much per square foot have they paid for the last five years; with Mr. Pietrzak responding they do not do it by square footage in their business; they started out at $1,750,000, which is down to $580,000 right now; and they have made all the lease payments required under the bond issue which has essentially been the rent. Commissioner O'Brien inquired if they want to secure an appraisal at their expense by an appraiser Beverly and the County agree upon, and to reconvene the Merritt Island Health Care Authority to make the deal come about; negotiate with the County for purchase of the facility and land; pay off the remainder of the bond indebtedness; and pay the County for the property and facility. Mr. Grice stated that is correct, but what they plan to do is pay the County now rather than in 1998; and when they pay the old bonds off, then the County gets title. He stated the Authority was created a special purpose nonprofit corporation; it was only formed for the purpose of issuing tax exempt bonds; they would like to negotiate with the County officials since it is the entity they need to deal with; and they presume they would work with Mr. Jenkins to get to the point where they can come back to the Board. Commissioner O'Brien advised he does not have a problem with the concept.

Commissioner Cook advised he has no problem if the appraiser would be agreed upon by the County and the final agreement would come back to the Board for approval. Mr. Grice advised since they are undertaking the expense of the appraisal and his return to negotiate, they need to know whether or not the Board buys into the concept; if it does not, that will save them time and money; and if it thinks the concept is something it is interested in, that is what they are asking for. He stated they intend to deal with whomever the Board chooses to come up with a definitive price and would come back to the Board for its approval of the deal.

Motion by Commissioner O'Brien, to approve the concept of selling the Merritt Island Nursing Care Center to Beverly Enterprises.

Chairman Higgs inquired what is meant by the motion; and stated she has concerns about the appraisal. She stated if she was negotiating a business deal, she would want her own appraisal; what they get on their appraisal and what they are willing to pay is their business; but she would prefer that the County have its own appraiser. She stated it will cost money, but the cost can come out of the deal. Commissioner O'Brien stated he assumed staff would not let them get their own appraiser to say what it is worth.

Chairman Higgs suggested the County indicate its interest in opening negotiations with Beverly on this issue; proceed to get its own appraisal; and when the appraisals are in, entertain an offer from Beverly for the purchase of the facility. Mr. Grice stated they talked about doing it one of two ways, either way is acceptable to them; the first was to pick one appraiser acceptable to the County; and the second was to have their appraiser and the County pick its appraiser then come back with two appraisals. Chairman Higgs advised she wants the County to proceed independently and the appraiser be paid by the County.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize staff to obtain an appraiser for the Merritt Island Nursing Care Center building and real estate; proceed with activating the Merritt Island Health Care Authority, and indicate an interest in opening negotiations with Beverly Enterprises for sale and purchase of the Nursing Center.

Commissioner Ellis advised he understands why Beverly would not want to make capital improvements with only two or three years left, and he has no problem liquidating the asset. He suggested the County Attorney look into how the County would disburse the revenues from the sale and if it is required to put it into medical programs, federal programs, etc.

Mr. Grice inquired who should they negotiate with; with Chairman Higgs responding County Manager Tom Jenkins and County Attorney Scott Knox, or their designees, as they have jointly worked on this issue.

Commissioner Cook inquired if Mr. Jenkins will pick an appraiser; with Chairman Higgs responding the County has some appraisers under contract, but staff needs to check to determine if there is one with expertise in this area. County Manager Tom Jenkins advised the CON belongs to Beverly, so what will be appraised is the value of the real estate and building and not the business, so a typical appraiser can do that. Commissioner Cook suggested an MAI appraiser. Chairman Higgs advised the Board went out to bid on appraisers a year ago, and she wants someone who will work for the Board to give it an appraisal.

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

Stuart Campbell inquired if they can contact the County Manager in a few days to determine the identity of the appraiser; with Chairman Higgs responding yes.

Chairman Higgs instructed the County Attorney to advise the Board what it has to do to activate the Merritt Island Health Care Authority.

The meeting recessed at 10:33 a.m. and reconvened at 10:49 a.m.

DISCUSSION, RE: DRAINAGE OF NORTH BREVARD MULCHING FACILITY

Commissioner Scarborough advised Charles Moehle with Modern, Inc. missed the discussion on the drainage issues of the mulching facility.

Chairman Higgs advised the representative from Gee & Jenson was here; Mr. Rabon was here; and she is not sure they are still here.

Commissioner Scarborough stated if they are still here, he would like to bring it up for reconsideration; with Assistant County Manager for Environmental Services Stephen Peffer responding they are on their way over.

Chairman Higgs advised a legal question is the public hearing was advertised and held; if someone was here and left, it would be a dangerous precedent to rehear the issue that was a public hearing and required to be advertised when people think it was handled in a certain way. County Attorney Scott Knox advised if there were cards from speakers the Board could not reopen the public hearing; but since there were no cards, no one would be prejudiced; and the Board can move to reconsider.

ACCEPT AND ACKNOWLEDGE, RE: BUDGET MONITORING REPORT FOR SECOND QUARTER ENDING MARCH 31, 1995

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to accept and acknowledge receipt of the Budget Monitoring Report for second quarter ending March 31, 1995.

Commissioner Ellis advised he has been going to the golf courses, and will put a letter together on some of the things he has seen; the Board was given a legal opinion from Mr. Knox that it cannot sell the courses or lease them; so he will have the letter to everyone and the Board can discuss it in June. He encouraged Commissioners to look at the courses to see if they have any other ideas.

Commissioner O'Brien stated page 3 says, "The Public Defender's Office which has spent 69% of its County funded budget largely because of high levels of expenditures for court reporting services, consultant's services, other professional fees and communications expenses." He stated they are still paying $1.00 per copy and $1,000 for airline tickets; and it appears that judges know how to adjudicate, but they do not know how to negotiate a business deal. He stated the Board keeps seeing uncontrolled spending; this is an example of a complete section of government that does not have a handle on spending; and it is unbelievable the kind of money the Public Defender and other legal offices are spending without real care.

Commissioner Cook stated he shares that concern; the Legislature passed a new law where now there has to be a proposal to be a court reporter; at the last meeting where this came up, the Board was going to relay to the Chief Judge its concern; and inquired if that has been done; with County Manager Tom Jenkins responding they have done that, and will be bidding that service and will take cost into consideration as part of the bid.

Commissioner O'Brien stated on page 5, regarding Jetty Park, it states, "The Park's operating revenues during the second quarter equaled 47% of the total budget of $816,280;" Port Canaveral wants to spend upwards of one million dollars it has set aside to fix Jetty Park and expand it; and Mr. McClouth and he are discussing it. He stated the Port wants to take over all the parks within the Port; there is another item that talks about spending $1.00 a year for the property on the corner of the Barge Canal and Sykes Creek; and he hopes the Port will rent it instead of the County and give the Board a time period when it can build a nice park for fishermen and the public. He stated if they cannot come to an agreement on a sufficient park for the people, the County may want to take over the park and privatize the north end and bare land to the south and make it a KOA park and take the money back in the County. He noted the Port has been adamant about taking it over; and he is not unwilling to do that.

Commissioner Cook advised that is not always an option; the camping area is quite successful; and it is the other park activities that bring it down. Commissioner O'Brien inquired if the Board would consider funding sufficient money to improve Jetty Park and expand it into the property south of the Park, or does it want to give it to the Port; with Commissioner Ellis responding he would give it to the Port before he would pull money out of the other parks to put into Jetty Park the way it is being done now. Commissioner Cook stated he would like to look at options; he had private individuals say they would be happy to bid on the park and make it a private enterprise if the County wanted to do that; he does not see why that is not an option too rather than just giving it to the Port; and inquired if there are private individuals who may invest money in the Park and take it over as a private enterprise, what would be wrong with that. Commissioner Ellis stated that may be an option, but he does not think an option is to take money from other parks to rebuild Jetty Park. Commissioner O'Brien stated they do not have that kind of money especially in District 2 because Jetty Park is draining all the money. Commissioner Cook stated he is not adverse to looking at the Port option, but he would like to look at the option of allowing private individuals to make proposals also to take over the park, especially the camping aspect. He stated it might create a situation where everything would be upgraded and could produce some revenue for the County on a long-term lease. Commissioner O'Brien stated the channel marking project was to move to Road and Bridge; and inquired if that has been done; with Mr. Jenkins responding he is looking at that and is certain they will, but cannot say it has been done.

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

Commissioner Cook inquired if there is interest on the Board, as part of the negotiations to let them move forward with the Port, to also look at allowing private individuals through an RFP to operate the park or submit some sort of proposal.

Commissioner Scarborough advised District 1 purchased Manatee Park which is an RV camping facility; it has not hit its full marketing potential; there has been discussions with Parks and Recreation Board members; and there is a feeling they could make a million dollars by the sale of that Park, and it would still be available to the Public. He stated it would be back on the tax rolls and be marketed more actively than it would under the County; whether or not Jetty Park has the same situation as Manatee Hammock, the Board needs to ask whether the greater good has been served by the County operating it; and he is willing to look at it.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to direct the County Manager to explore the possibility of allowing private individuals to operate Jetty Park and bring back options for the next meeting.

Mr. Jenkins advised the Board is leasing the Park from the Port, so it would be best to get some information on it.

Commissioner O'Brien stated DOT will not give access for a park at the end of the Barge Canal, and that is why he has backed up to this park on the corner of the Barge Canal and Sykes Creek; it is on Sea Ray Road and there is good access to it; it is 72 acres; but he does not want the County to develop that park and wants the Port to develop it because it is on Port property.

Chairman Higgs inquired if Commissioner O'Brien is referring to the option of the boat ramp to relieve the Port St. John boat ramp is dead; with Commissioner O'Brien responding yes. Chairman Higgs requested Commissioner O'Brien send a copy of the letter from DOT to all Commissioners.

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

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to reconsider Item IV.A., Resolution vacating road right-of-way in Titusville Fruit and Farm Land Company Subdivision as petitioned by Brevard County Solid Waste Management Department. Motion carried and ordered unanimously.

Charles Moehle, 65 Country Club Road, Cocoa Beach, advised he had an emergency and could not be here earlier; the Board has a copy of his letter regarding the vacating; Satterfield Road provides access; but more importantly, the construction of a facility proposed by the County will ultimately involve hazardous waste discharge or control. He stated the map he gave the Board outlines in yellow where Satterfield Road is; the blue line is the ditch that goes between SR 405 and I-95 , and the culvert under I-95 and ultimate ditching that goes out to the St. Johns River; the pink line to the north of it is where the drainage is being dumped, or a portion thereof under the modification proposed this morning, on his property, and meanders around and gets to I-95; and there is some sort of culvert there, but it is not defined and scatters all over the place and in flood conditions on his property and all over in the floodplain because it is not a defined and normal pattern to consider to drain the site. He stated he understands the Board was presented with a modification to the plan which puts the culvert under part of the facility to take drainage out; however, the facility itself and discharges from the improvements go into a retention area and into the ditch directly and indirectly through a weir system, and discharges into the ditch such that most of that drainage would normally tend to go out to the south. He stated it would be the drainage that would have any possible contaminants in it from the operation that is being proposed over the natural state that it is now; and it would be a relatively minor matter to redesign that site drainage and relocate that weir to a position other than where it is now so that the drainage off the improvements the County is putting in there would go into a more defined system and be more contained as opposed to spreading all over the place and possibly contaminating or influencing other areas both in quality and quantity.

Chairman Higgs advised Mr. Moehle is talking about the design and site plan, not the issue before the Board which is the vacating of the right-of-way; with Mr. Moehle responding they go hand-in-hand; and his letter suggested several solutions if there is an overwhelming desire to close the road and not care about the access availability, the damaging situation to Modern's property, and the quality and quantity of the discharge that will come from the facility when it is built. He stated the weir is located very close to the end of the pink line at the edge of the County's property; and inquired if the Consultant could bring the site plan so they could look at it.

Commissioner Scarborough advised he would like to have Mr. Threlkeld bring the site plan up because he would like to get the issue solved. Chairman Higgs stated the issue before the Board is not the site plan. Commissioner Scarborough stated Mr. Threlkeld engineered the project and said there will be no negative impacts; and he would like him to respond to Mr. Moehle to resolve the issue. Chairman Higgs stated when an item is advertised that is what the Board should be dealing with; with Commissioner Scarborough responding he understands.

Gordon Threlkeld, Gee & Jenson, advised he has a copy of the drainage map; the project has been designed in accordance with the St. Johns River Water Management District's criteria; the pre- and post-development criteria require that the discharge from the property improvements cannot exceed the pre-development discharge; and there are two outfalls on the property.

Chairman Higgs recommended Mr. Threlkeld and Mr. Moehle discuss the issues and try to answer the questions then come back to the Board, because she cannot engineer a site plan or drainage plan, it is not her job, and she is not qualified to do that. She stated she cannot sit here and design a drainage plan. Commissioner Scarborough stated he is not asking the Board to do that, but someone has questions that need answers; and he does not want to vacate an easement and have a drainage problem. Mr. Moehle advised they did talk about it and that is what his modified position is about.

Commissioner Cook advised Mr. Moehle that Mr. Threlkeld said there will be no negative impact; and inquired why he is disputing that; with Mr. Moehle responding because that has not been determined yet; the application came before the Water Management District a few months ago and has not been approved because the District had questions; he will pursue it with the District and Department of Environmental Protection; and unless the impact of the County's industrial waste improvement is negated and taken away from possible contamination of his site, he will continue to pursue it. He stated a solution is to use Satterfield Road right-of-way drainage system that does not influence either side of the property, only the County's property, and divert the drainage from the site directly to the area as opposed to directing it to their site or a part of their site; and it would be simple to do it at this time because once it is built, there will be more problems.

Chairman Higgs inquired if staff discussed this; with Solid Waste Management Director Richard Rabon responding yes, he told Mr. Moehle they would be happy to look at it and re-run some calculations to see how easily that could be done; it would require modifications to the plans and permitting; but it possibly can be done and they can work it out with him.

Mr. Threlkeld advised the changes they discussed with Mr. Moehle will have no impact on the right-of-way; the right-of-way needs to be vacated for the facility and has no effect on the changes Mr. Moehle has requested staff look at; Mr. Rabon has asked them to look into that; and they are going to do that, and get back with Mr. Moehle.

Mr. Moehle stated it will have an impact if the road is destroyed; he is trying to do something reasonable in the planning stages so they do not have to fight about it later on; and it does not cause a hardship on them and the County. He stated right now it is delaying the permitting process for the County; and it will delay it further because it is a real issue, but it can easily be taken care of. He stated contingent upon vacating the right-of-way, the Board should instruct the engineers to direct the discharge from the improvements to the drainage area and away from his property.

Commissioner Cook advised the staff will be directed to work with Mr. Moehle, and they are willing to do that; but the vacation is going to happen. Commissioner O'Brien inquired why is the vacation necessary; with Assistant Public Works Director Ron Jones responding when a right-of-way is vacated, the issues associated with its dedication to the public go away with that; and in order to utilize the site to its fullest extent, the right-of-way must be vacated in accordance with state law.

Commissioner Ellis advised there is a retention pond on the south side of the mulching facility and the overflow from the pond would be into the ditch that goes southeast; the concern Mr. Moehle has is when the ditch hits I-95, there does not appear to be another ditch to convey the water out; so it would sheet flow under I-95 and into the wetlands, but it may back up and overflow to the south. He stated when ditches end up sheet flowing, a lot of times the water ends up going farther than people intend it to go. Mr. Rabon responded that is correct; and if the Board would like to authorize staff to work with Mr. Moehle and see what can be diverted along the traditional drainage path of what would have been Satterfield Road, they can do that without any problem. Commissioner Ellis stated that is where the Board is right now and it is going to try and get the drainage sent back down Satterfield Road ditch. Chairman Higgs stated that is not what has been said; the Board said it is happy to have staff work with Mr. Moehle, but she did not hear anyone say anything about doing something with Satterfield Road. She stated she cannot negotiate a site plan or drainage plan that she has never seen and were not advertised, nor is it the business of the Board to do that; it should direct staff to work with Mr. Moehle, as the Board recognizes his concerns; and see if they can resolve it, or bring it back if it is not resolved. Chairman Higgs stated it is not the Board's intention to adversely impact neighboring property, but she cannot determine what size culvert is needed or where it should be located. Mr. Jenkins advised Mr. Rabon has committed to try and work out the problem; with Chairman Higgs responding that is what the Board is committing to also.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution vacating road right-of-way in Titusville Fruit and Farm Land Company Subdivision as petitioned by Brevard County Solid Waste Management Department. Motion carried and ordered unanimously.

JOINT MOTION AND STIPULATION FOR ABATEMENT, RE: DEPARTMENT OF COMMUNITY AFFAIRS v. BREVARD COUNTY, RESPONDENT, AND PORT ST. JOHN HOMEOWNERS ASSOCIATION, INC. AND REBECCA CRONAU, INTERVENORS

Mary Tees, 5115 Fay Boulevard, Port St. John, Vice President of Port St. John Homeowners Association and Chairperson for the problem they are having with DCA, advised they are working with the County staff; they need a comprehensive study that is a good field study and not another desk top, run it through the computer, and see what it is study; they need the time to complete the study, which is a two-year time frame; in two years they can figure out which way the water is flowing in the Port St. John area; and more importantly there is no cost to the County. She stated it is federal money that is in place; it is not going to cost the County anything to do the complete study; and it is being done by a reputable engineering company with expertise in those matters. Ms. Tees advised they are hydrologists and know what they are looking for and they have no affiliation with the Homeowners Association or the County; and they are a completely independent entity. She stated their concerns are for the Indian River Lagoon; they are also looking towards the St. Johns River Basin because they sit between those two bodies of water; and they recommend and strongly support County staff's position that it be put into abatement to have the field study completed.

Commissioner Scarborough advised they have had extensive discussions with a lot of people; the Homeowners Association was represented by counsel as a part of this suit; and it appears there is a consensus that it may be the best way to proceed, so he will move approval.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve the Joint Motion and Stipulation for Abatement for the administrative hearing scheduled for June 13 through 16, and authorize a letter to EPA regarding the case of DCA v. Brevard County, Respondent, and Port St. John Homeowners Association and Rebecca Cronau, Intervenors. Motion carried and ordered unanimously.

Commissioner Cook inquired if there will be no financial impact on the County; with Commissioner Scarborough responding there is less financial impact than proceeding with the 120 hearing; and if this resolves the problem, it would be a reduction in cost since the study is not being paid for by the County. He stated there may be a conflict and it may not work out, so they would have to go back to the 120 hearing; but having the EPA study the County did not pay for to prepare for the 120 hearing makes this item better cost wise.

County Attorney Scott Knox advised in essence EPA would be doing what the County would have had to do to present the case at a 120 hearing.

Chairman Higgs stated she supports the motion because the study is needed and that is what she wanted to do. She called for a vote on the motion. Motion carried and ordered unanimously.

WAIVER OF APPLICATION FEES, RE: VARIANCE FOR JANICE MAYNARD'S BUSINESS SIGN

Janice Maynard, 91A E. Merritt Island Causeway, Merritt Island, representing Maynard Agency, advised she has a small business on SR 520 on Merritt Island; there are two tenants that occupy the same building; the sign for the building is in front of her business; and her business needs a sign to survive. She stated when she started to get the sign, she stayed within the height and size requirement that was in place, and was going to add three feet to the sign, but when she tried to get the permit, the County staff kept coming up with all the variances they wanted her to obtain. She stated the sign has been there for many years; it is nonconforming now because they moved the SR 520 Causeway closer to the building, so it made it too close to the road; however, it has been there years before the road was moved. She stated they told her she needed a variance because it was too close to adjoining businesses; then they told her she had to go before the Zoning Board because the frontage of the building was only 60 feet instead of 70 feet, which is not entirely true because there is another 150 feet that runs along the side road; and the fees are now approaching $1,000 which makes it hard for a small business. She requested the Board consider what can be done with all the fees she would have to pay for a sign that was there and which will not be any more nonconforming with the changes she wants to make, which is to add her business to the sign.

Commissioner O'Brien advised Ms. Maynard has a legitimate complaint; SR 520 was widened which changed the rules; the grandfathered location of the sign and a combination of other things make the rules a hardship for her; and it is to the benefit of the County and public to support a small business and waive the fees to let her apply for the variances to add to the sign.

Motion by Commissioner O'Brien, seconded for discussion by Commissioner Cook, to waive the fees for Janice Maynard to apply for variances to add her business sign on SR 520.

Commissioner Ellis advised he agrees to waiving the fees and amending the ordinance so the problem will not recur again. Commissioner Cook stated he would be happy to look at it and Commissioner Ellis could put it on the agenda. Commissioner Ellis inquired why would a person need to be put in that position.

Code Compliance Director John Sternagel advised at the last meeting staff asked for permission to amend the Sign Ordinance and was granted that. Commissioner Ellis inquired will it come back with a new sign ordinance to preclude some of these situations; with Mr. Sternagel responding they could include a section on nonconforming signs and a percentage of expansion. Commissioner Ellis inquired if it can address the issue of how a sign becomes nonconforming; with Mr. Sternagel responding yes. Commissioner Ellis stated he does not like the idea of something becoming nonconforming when it was legal at the time it was put up, even if other factors change.

Commissioner Scarborough inquired is the Board being asked to waive the fees and the variance would be by the Board of Adjustment; with Commissioner O'Brien responding yes, because the variance is still required under the current Ordinance, but the widening of SR 520 created the problem. Commissioner Ellis stated if the Board waives the fee, the County will have to bear the cost of advertising, so it should go to the root of the problem and not have to go through this again.

Chairman Higgs inquired if by waiving the fee, the County picks up the cost of advertising. She stated somebody will pay, and it will not be the business owner but the general taxpayers who will pay for her ability to get a variance; and she has a concern that the Board will get in the posture of paying for fees and everyone else paying the cost. Chairman Higgs stated she would rather have the Board look at what the fees are for getting a variance as opposed to just waiving her particular fees because it becomes an issue of unfairness to everybody else. She stated if it is unfair to her, then it is unfair to everyone else. Commissioner O'Brien stated Chairman Higgs is probably right.

Commissioner Cook advised the reason he supports waiving this fee is because the widening of SR 520 created the problem, so it was government's fault; but Chairman Higgs brought up an excellent point; some of the fees have gotten out of hand; and he would like to look at the fees again because they add up, and $1,000 is a lot of money to pay to try and go through a variance procedure. He inquired if billboards are included in the Sign Ordinance; with Mr. Sternagel responding yes. Commissioner Cook stated some signs go rampant like billboards, then signs for a business has to go through all sorts of hoops; so he would like to take a close look at that also.

Commissioner Ellis inquired how long will it take to make an adjustment to the Sign Ordinance; with Mr. Sternagel responding staff is going to look at the entire Ordinance and rework it. Commissioner Ellis stated he understands, but if it went straight to the heart of the matter and right to this problem, how long would it take to make a change in the Sign Ordinance; with Mr. Sternagel responding they would need to schedule two public hearings; go through the BCAC and Local Planning Agency which takes time; and it would be probably three months if they fast track it. Commissioner Cook inquired if they can just go to the Local Planning Agency; with Chairman Higgs responding Mr. Fuller would be here to request it go to the BCAC. Commissioner Cook stated he would like to look at that process and the fees; and he would like to look at billboards in general, as they are proliferating the County, and he is not sure there is a handle on it.

Chairman Higgs stated she is concerned about the fairness issue in waiving fees; if the Board establishes a policy to pay for or waive variance fees for an applicant when the government action caused the need for the variance, rather than take a particular citizen's problem, then that would be its policy rather than to seemingly be arbitrary in helping her deal with her problem. She stated if the Board establishes a policy that says if the County caused it, the Board would waive or pay the fee from some other fund, because somebody is going to pay for it until the Board reviews the fees to be sure it covers ultimate fairness.

Commissioner Scarborough stated there is some thought along those lines, because sometimes the Board does administrative rezonings for that same purpose so the person does not have to pay for the rezoning; so it basically has a philosophy like that. Chairman Higgs stated she does not want the Board to be arbitrary in waiving fees; and if it can establish a policy saying it will do it for everybody in this circumstance, then the Board is being fair and equitable to all.

Chairman Higgs passed the gavel to Vice Chairman Ellis.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to establish a policy to pay the variance fee for an applicant when the government causes the necessity for the variance by its own action.

Commissioner O'Brien stated he has a motion on the floor. Commissioner Higgs requested the motion be held in abeyance; and Commissioner O'Brien agreed.

Commissioner Ellis stated he will not support the motion because the rules should be written so that if the government caused the problem, the citizen should not have to go in for a variance; even though the Board waives the fees for Ms. Maynard, she has to spend all her time going to Board of Adjustment meetings; and it is still a costly process to go through even when the fees are waived. He stated he does not understand why those people are not grandfathered in and why they are put in a position like this. He reiterated going to the ordinance to address the problem and not the symptom. Chairman Higgs stated she is trying to give the Board a mechanism to deal with this problem that would not seem arbitrary.

Commissioner Cook stated he will oppose the motion because he would like to see a written proposal come back to the Board that it can look at; and he does not object to the concept, but he would like to see staff return with something in a policy form that the Board can vote on.

Commissioner Scarborough stated all Chairman Higgs is trying to create is if someone walks in tomorrow they would be advised these are things the Board would consider; and it is something staff can act on saying there is a Board policy that they will consider when looking for a variance. He stated he knows Commissioner Ellis wants to go further, but he cannot go any further than advising people that the Board is looking at relieving fees when some governmental action has caused the necessity to seek a variance. He stated it is a matter of fairness in spreading the equity of this lady to other people.

Commissioner Cook suggested directing staff to come back at the next meeting with a policy. Chairman Higgs stated the Board can adopt this today and ask staff to come back at the next meeting for clarification; but that puts Ms. Maynard in a position of knowing her fees are going to be paid, she goes forward, and the Board has established a policy which means it is not arbitrary in this instance in granting a favor to one individual it is not willing to grant to everybody else. She stated if government is going to do things, it should do it as a policy that applies to everyone; and this may be imperfect, but it puts the Board in a position of having a policy as opposed to addressing an individual case; if it is wrong to make Ms. Maynard pay, then it is wrong for other people; and the Board should establish things by policy and not by person. She stated it can be cleared up at the next meeting; it can move on the Sign Ordinance or what Commissioner Ellis is talking about, but it needs to do a policy. Commissioner Cook stated he does not disagree, but is concerned about making policy as the Board is discussing it; and it would be better to see something in writing that could come back at the next meeting. He stated it is not necessarily wrong to grant a waiver here and it is not arbitrary when there is a good reason; and he does not disagree with the concept, but prefers to have staff return with a policy the Board can look at.

Commissioner O'Brien requested the motion be amended to include that the policy will come back to the Board from staff for final approval.

Commissioner Higgs amended the motion to include direction to staff to come back with a written policy; and Commissioner Scarborough accepted the amendment.

Vice Chairman Ellis called for a vote on the motion as amended. Motion carried and ordered unanimously.

Commissioner O'Brien advised he had a motion before the Board to waive the fees for Ms. Maynard.

Vice Chairman Ellis stated even though the Board waives the fees, Ms. Maynard has been working for a long time trying to get the sign done, and that is why it needs to go back to the Ordinance and get away from the case-by-case situation. Commissioner O'Brien stated the Board is trying to make life easier on people and be customer friendly; that is very important; and that is why the Board needs to look at how to speed up a process to make life easier for everyone let alone a business.

County Manager Tom Jenkins advised staff is looking at that whole process and will try and create a simplified sign permitting process where they can go to one place; and they will address the grandfathering issue. Commissioner Cook recommended factoring in all the other comments that were made today. Chairman Higgs inquired if the Board needs to take further action for Ms. Maynard or will the policy allow her to go forward; with Mr. Knox responding since she is here today, it should act on it.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to waive fees for Janice Maynard to apply for a variance for her business sign. Motion carried and ordered unanimously.

DISCUSSION, RE: CONSUMER INFORMATION GRANT FOR SCAT

Tanya Klepper, 945 Villa Drive, Melbourne, President and General Manager of WLRO FM and WMYM AM in Cocoa, advised she has been an illustrated bus advertiser with Space Coast Area Transit (SCAT) since June, 1994; and she has been pleased with the results of the advertising, and plans on renewing her contract in 1995, but her only complaint about participating in the program is the amount of phone calls the radio station receives requesting information on how people can ride on the bus. She stated they talked to their receptionists and air personalities, and instructed them on how to handle the calls and explain to people that Brevard County has a transit system, and refer them to SCAT. She advised they have chartered their light rock bus on numerous occasions for different station promotions; last year they went to the Manatees playoff game in Vero Beach; and all the people who participated in their promotions were amazed at the condition of the buses, what they were like, how nice they were to ride in, and were unaware that Brevard County had something that nice. Ms. Klepper stated she spoke with Don Lusk about how a large number of Brevardians are not aware they have public transportation; he mentioned that he has the opportunity to apply for up to $100,000 from FDOT; subsequently she has been following the issue and understands the $100,000 grant would not require matching funds from SCAT other than the existing necessary budget for route maps; coming from a radio station background, she believes that marketing is important and essential, and hopes the Board would not let this grant go to another part of the state, and will let it stay in Brevard County, and allow SCAT to market the transportation system, and to serve the citizens of Brevard County.

Commissioner Cook inquired if Mr. Lusk indicated to Ms. Klepper what the Board's stance was; with Ms. Klepper responding no, she read the paper a few weeks ago.

Chairman Higgs advised she put the item on the Agenda when she received the letter from FDOT; the Board's stance in December was not to go forward with the marketing in terms of hiring a person; there are ways to do marketing; and it is essential for the transit system to increase ridership. She stated marketing can be done in ways other than hiring someone, through contract with the private sector; there would be no additional cost to go forward; they would use the current allocated public information monies as match; so there would be no additional cost to Brevard County. She stated to let people know about the transit system so they can use it, the County needs to be more aggressive with public information.

Commissioner O'Brien advised the letter states, "The Department programmed $37,500 in state funds to be matched with $37,500 in local funds and $25,000 in Federal Transit Administration money for this purpose; so $37,500 will be spent by the County; and it is probably more in the area of payroll to prepare route maps and signs, advertising via radio, newspaper, television, and having someone go to meetings. He stated in December, the Board did not want to spend $37,500 and directed SCAT to come up with a plan on how they were going to advertise; and the Board has not seen the plan. Chairman Higgs advised the money to leverage against the state and federal dollars was going to be used to do exactly what Commissioner O'Brien talked about; so the routing maps and information brochures is the money that will be used to match the state money. Commissioner O'Brien stated the letter also states, "This function is essential in order to understand the best opportunities for service expansion, customer needs, and effective ways of helping customers access the system." He stated he has a general feeling that at this point he does not want to see expansion take place because ridership is so low and the buses have been empty for years and will be in the future; and inquired how much money does the County want to dump into a system that it is not ready for because buildouts have not taken place. He stated there are 15 cities in the County; and perhaps specific bus routes along the beaches or Kennedy Space Center to Titusville do not exists. He inquired how much more will taxpayers pour into this, whether state or local funds are used to run the system; stated they come back and say they need 10 more businesses, 5 more vans, 15 more drivers, 5 more mechanics and that price tag starts getting pretty high; he is not against public transportation; but he is against it when it is premature for the present situation in the County.

Chairman Higgs advised she sat on the Committee that looked at the ten-year plan for SCAT and one of the key concerns was that people did not know what was available and that is what this grant is designed to do. She stated she does not hear support; and unless she hears a motion, she will just let it go. Commissioner O'Brien stated what bothered him was an article in Florida TODAY or some other newspaper that to implement the SCAT system the County would loose upwards of $2,000,000 per year; that is a lot of money; it could not find $1,000,000 to fix Jetty Park; and it will throw $2,000,000 for 4,000 people to ride buses. Chairman Higgs stated there are far more than 4,000 people; the grant from the state would be leveraged against dollars that the County is already spending for ridership information; so it is not new money the County would be using. She stated she hears no support for the grant, so the Board will move on.

Commissioner Ellis advised he does not have a problem with marketing the system, but he has a problem with adding personnel because it will use money for salaries; the last time it was to add another person and not do the marketing; but now the money will be spent on marketing and not personnel. Commissioner O'Brien stated he is willing to look at it if it has nothing to do with adding personnel. Chairman Higgs advised she put on the Agenda Report "no new staff". Commissioner Ellis inquired if this has to be approved now; with Chairman Higgs responding if it is not done by June 30, 1995, the County will not have the opportunity to get the money. Commissioner Ellis recommended setting it as an agenda item in June and get input from SCAT on what they intend to do with the money.

The Board directed staff to return on June 6, 1995, with information on specifically what will be done with the grant funds.

RESOLUTION SETTING PUBLIC HEARING, RE: VACATING PUBLIC UTILITIES AND DRAINAGE EASEMENT IN VIERA NORTH PUD, TRACT D-3 - GERALD AND GERALDINE VAUGHN

Commissioner Scarborough advised from time to time the County gets into vacating for various reasons; the problem is the house was recently built and the swimming pool is ready for completion; there are a lot of surveyors out there when people are building to show them where the setbacks are; so this one scares him because the Board may be getting to the point where people are taking advantage of it.

Commissioner Cook stated he does not disagree; and inquired who is the applicant; with Commissioner O'Brien responding Gerald and Geraldine Vaughn.

Commissioner Scarborough recommended tabling the resolution and inviting the petitioners to come to the meeting, because there may be extenuating circumstances that would relieve his concerns.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to table resolution setting public hearing to consider vacating a public utilities and drainage easement in Viera North PUD, Tract D-3 as petitioned by Gerald and Geraldine Vaughn until June 6, 1995. Motion carried and ordered unanimously.

AWARD OF BID #B-1-5-35 AND CONTRACT, RE: NORTH BREVARD YARD WASTE MULCHING AND RECYCLING FACILITY

Chairman Higgs advised she pulled the item because it would be improper to award the bid before vacating the right-of-way; but since that has been done, she has no problem with the item.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to award Bid #B-1-5-35, North Brevard Yard Waste Mulching and Recycling Facility, to low bidder RKT Constructors at $2,055,603.25; and authorize the Chairman to execute a contract with the contractor.

Commissioner Ellis advised the only reason he will vote for this project is because the County has to meet the State mandate on recycling; it is a lot of expense to get rid of yard waste; and it is not a practical expenditure. Commissioner Cook stated he concurs, but the County is at the point where it has to meet the mandates which are very burdensome. Commissioner Ellis stated he talked to Mr. Rabon about it; if it is just to get rid of yard waste, they could dig a borrow pit and fill it with yard waste then cover it up and grass it over for peanuts compared to going with this project; and it is called mulching, but it is just grinding up yard debris.

Commissioner O'Brien inquired what will happen if the Board does not do it; with Solid Waste Management Director Richard Rabon responding the State has a number of sanctions, and one that would probably happen immediately is loss of all grant funding for the County and cities, which is about 3/4 of a million dollars right now; but beyond that, the State has been indecisive about how it will deal with people who are not meeting the mandates. He stated the State is trying to distinguish between those that are trying to meet them and do not, and those that are not trying at all; he does not know what is happening in the counties where they have not met the mandates; and there have been one or two counties that have not done anything. He noted the State is separating those out from the ones that are trying.

Commissioner Cook advised he understands it is within budgeted funds, but sometimes staff tries to meet the mandates of the State without knowing what it will do if anything; the State may do something or it may not; but staff always thinks the worst case scenario if it does not do something; and he is not sure the County is not just rolling over and playing dead every time the State says something.

Commissioner Scarborough advised taking the waste stream and dividing it saves the more expensive landfills so the County would not have to expand them so quickly; this is an expensive project, but it meets requirements and allows the County longer use of other more expensive landfills with liners and protection.

Mr. Rabon advised that is true, and there is another issue involved, the collection of the material. He stated Western Waste and the City of Titusville are now collecting the material that does not compact well in trucks and hauling it to Cocoa; and the payback to the citizenry for that in the long run is going to be a decrease in transportation costs as they go to a facility in town rather than 20 miles south. He noted that is why the City entered into an Interlocal Agreement with the County; hauling the material was pressuring its collection; they are anxious for the County to do it because it is taking a toll on their equipment, time and cost; and they are literally having a hard time getting it off the streets and down to Cocoa where before they could mix it with the waste and take it to the Transfer Station for the County to transport it to Cocoa. Mr. Rabon advised they have done some things to try and accommodate Western Waste and the City; there are two push pits at the Transfer Station; and certain days a week they are able to divert one of those for that waste; however, it is only a stop gap measure. He stated it is true that it would be cheaper to dispose of the yard waste once it got somewhere in something other than mulching, but the County probably got the cheapest cost for this project anywhere around because of its contract with the electric-generating plant in Polk County which takes the chip material for $6.00 a ton, as it almost offsets transportation costs. He indicated it is about $15.00 a ton to manage the material which is considerably cheaper than traditional landfilling; but it probably is not as cheap as putting it in borrow pits.

Commissioner Ellis stated he agrees the County does not want to waste landfill space for yard debris, but if they cannot put tree stumps back in the ground, he does not know what can be put in the ground. He stated if the County dug a borrow pit, it could sell the fill and put yard waste and landclearing debris in it, and when it is full, grass it over; however, the County could not sell it because it would not want anyone building on top of it, but it would be cheaper than this project. He noted when he talked to Mr. Rabon about that, he was told the County would not get recycling credit if it buried the stumps versus grinding them up and letting them be burned in Polk County.

Commissioner Cook stated he does not know how beneficial getting a credit on that is, or what will happen if the County does not get the credit; the County is making a good faith effort to comply with the State mandates; and he is not comfortable of always rolling over and playing dead every time the State says it has to do something, or trying to comply to the maximum extent possible with everything that comes down from Tallahassee. Commissioner Cook advised another concern is the project exceeding bonding capabilities of many general contractors in the area, so the County received only two bids; he is not comfortable having only two bids; and the Board needs to address the bonding requirements because many requirements exclude local contractors.

Commissioner O'Brien advised the States of Alabama and Florida are bringing back the chain gangs; so instead of spending two million dollars on a chipper, the County could get 100 prisoners with hatchets and let them chop the chips. He stated the chips could be sold to Polk County to pay for the prisoners in the jail. Mr. Rabon commented if they are sent to the facility, he will put them to work.

Commissioner Scarborough advised the County purchased the land for the facility; it worked with the City of Titusville which acquired land and proceeded to straighten out Park Avenue because of the mulching facility; so the City has done some things in anticipation of the project. He stated they also talked to FDOT for signalization; and if the Board is not going to do the project, there will be surprised people in the community. He stated it will be one of the biggest breaches of faith with one of the local municipalities that could ever occur. He advised the City acquired property and relocated and reconfigured a road for safety purposes because of where the County located the project; and if it changes directions now, it is going to have credibility problems with the City.

Commissioner Cook inquired if this has to be done today. Commissioner Scarborough stated the Board does not have to act and he has no problem waiting, but the City has gone through a lot and paid premium dollars for the land; and if the Board is saying it is not going to put the facility there and is going to try something different, he will have a problem with the community. Commissioner Cook stated he understands, but the cost is over two million dollars. Commissioner Scarborough stated if the Board did not want to do it, it should not have had other people expend monies to do certain things. Commissioner Cook stated he understands, but the County received only two bids which disturbs him because it is not very competitive; and most of the local contractors were excluded from bidding on the project because of bonding problems; those two things changed the picture for him with regard to the project.

Commissioner Scarborough advised the Board could rebid the project or obtain additional information on the bidding process and whether they were good bids or not; but if it is talking about not doing the project, he has to vote against that because he made too many commitments to too many good people who took a lot of heat.

Commissioner O'Brien inquired if this project is going in Titusville, will the County have to build one in South County and in Central County; with Mr. Rabon responding they already have facilities in South and Central County for mulching. Commissioner O'Brien inquired if Titusville is the only area without that type of facility; with Mr. Rabon responding yes; and the facility will also contain peripheral things that will be a benefit to the system as well, such as drop off centers for household hazardous waste and other recyclables, white goods, bulky items that cannot go into the transfer station and that can be sold. He stated it is more than a mulching facility and will take a load off the transfer station that will extend the life of the station for many years and set up the north area for its disposal needs for some time. Commissioner O'Brien inquired if the Board discussed operating expenses; with Mr. Rabon responding it has been projected in the CIP and been budgeted partially for this year. He noted it will be approximately $150,000 a year to operate the facility. Commissioner O'Brien stated if they used prisoners it would be free; with Mr. Rabon responding it would not be free, but it would reduce the cost. Mr. Rabon advised although the project has been bid at two million dollars, approximately 30% of that is the City's cost because the County has a cost-sharing arrangement with the City for the project.

Chairman Higgs stated her concern was going ahead with it before vacating the road which would not make sense, but she will support a motion today to go with the project.

Commissioner Cook stated there were only two bids and they were half a million dollars apart, so he cannot support it with that type of bidding process.

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

Commissioner Ellis stated he has nothing against North Brevard, but the County is going through a lot of expense for things that really should not be that expensive.

Commissioner Scarborough stated the questions are relevant, but sometimes they get so far down the road with one of those things and other people send money and the City did what it did to make it a viable project because of his pushing them into that position; so it puts him in a tremendously awkward position if the County were to back out now. He stated the City does not have money to waste either; it would be like the County acquiring land and building a road for a State facility and the State decided not to build it.

Commissioner Ellis inquired if there is a tipping fee for yard waste; with Mr. Rabon responding no, it is in the assessment and it is purely for household yard waste.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE ESTABLISHING UNIFORM ADVISORY BOARD APPOINTMENTS

Gayle Cannon, 529 Southern Hills Court, Melbourne, advised she is Local Government Chair of the League of Women Voters of the Space Coast, and presenting the statement on behalf of Priscilla Griffith, Natural Resources Chair of the League, who could not be here. She stated the League is extremely concerned that the proposed ordinance entitled Uniform Advisory Board Appointment, if not amended, would allow for politicization of the Land Selection Committee of the Environmentally Endangered Lands Program. She stated it will provide for the appointment or reappointment of the Land Selection Committee members no later than April 1, 1997; they were last reappointed in November, 1994; and that situation would be fine with them, but they want to make sure the standards and procedures for selecting the Committee members remain the same as those used originally. She stated the Board, in selecting the Committee members, reviews the names and qualifications collected by staff and uses a ranking process detailed in the Land Acquisition Manual; the criteria for membership include a willingness to serve and make a long-term commitment to the Selection Committee as well as having an academic graduate degree or demonstrated expertise in biological or environmental sciences or a closely-related field, have demonstrated concern for and actively participated in an environmental conservation, and have familiarity with Brevard County Eco-systems. Ms. Cannon advised the Commissioners may appoint members who do not reside in their respective Districts; the public was promised prior to the 1990 Referendum that the Committee would meet those standards; the Committee was appointed prior to the Referendum, and their names and qualifications publicized; and that promise was an important factor in the approval of the millage by the voters. She requested assurance from the legal staff that the proposed ordinance will not change how the Committee is chosen, or an amendment to the ordinance which will ensure the original procedures will be retained.

Commissioner Ellis recommended the County Attorney answer Ms. Cannon's question; with County Attorney Scott Knox responding the ordinance would have to be amended to include a provision saying if there are any existing standards for appointments, it would have to be followed. Commissioner Ellis inquired if the reappointments made in 1994 did not have standards; with Mr. Knox responding the question was whether or not there were any assurances that the ordinance would preserve that system; and the answer is no, it does not. Commissioner Ellis inquired if there are any assurances without the ordinance; with Mr. Knox responding there are none.

Commissioner Cook advised the ordinance does not change the current selection procedure.

Chairman Higgs advised Mr. Knox said the ordinance would have to be changed; and inquired why if it does not change anything; with Mr. Knox responding if the Board wants assurances that it is not changing the policy on how it selects the EELS Committee members, the ordinance would have to be amended. Chairman Higgs stated if the Board stands by the resolution on EELS, then it would not have to add anything; with Mr. Knox responding that is right.

Margaret Hames, 667 Acacia Avenue, Melbourne Village, advised she fully supports the statement of Priscilla Griffith; what she was going to say would be a duplication of her statement; she is concerned that the criteria would not be followed because the ordinance says only those as established by law; everything else is amended; and the criteria was not established by law. She urged the Board to take into consideration the expertise and integrity of the Committee which was approved by the voters prior to the referendum in 1990; they have continued to serve and one of the qualifications was a commitment for long-term service because it is not an ordinary committee; the Committee had to design a program out of the political influence due to the fact that there was so much criticism concerning a previous program and the political influence that was alleged to have been involved in that; so the Procedures Committee came up with a way to design an environmentally endangered lands selection program and committee that would be A-political, and the determination would only be based on science and economics. Ms. Hames advised it has proven to be very successful because the Committee is recognized nationally and in the state and has been successful both nationally and in the state because of the caliber, qualifications, expertise, and integrity of the members. She urged the Board to let the Committee go forward and if the ordinance needs to be amended to take care of something that is outside the normal actions of a political body, to do so because it is too important a program and is functioning very well. She noted they had to wait a long time to get the State started and now it recognizes Brevard County and has full confidence in the staff to negotiate those lands; the Committee has proven to be successful; and urged the Board not to change it. She noted it is important for the Board to also look at the people it will select as appointees to the Procedures Committee because criteria was set out for those also; and encouraged the Board to adhere to the criteria.

Commissioner Ellis advised the ordinance does not change any requirements for any boards; he has an appointment to the Contractors Licensing Board that has to be a pool contractor; and if the ordinance passes, he will still have to appoint a pool contractor; so he does not understand what is going on in the community with people thinking the ordinance will abolish the requirements for boards and committees when nothing in the ordinance has anything to do with that.

Commissioner Cook advised the ordinance does not abolish any requirements or establish anything different; Commissioners can find non-political people to serve on the Committee; and it is not necessarily a lifetime appointment. He stated the ordinance does not affect the EELS Committee; and he resents the implication of a County employee that thinks everything is politically motivated if a Commissioner objects to a particular piece of property with regard to the way it was purchased and the exorbitant profits the individual made when it was purchased. He stated it is a good ordinance and does not change anything regarding the EELS Committee.

County Attorney Scott Knox advised the ordinance does not address the criteria for appointments; the Resolutions are in effect that affect criteria for appointments to different boards; those resolutions will remain in effect unless the Board repeals them; and the ordinance merely address the terms of appointments.

Chairman Higgs inquired if the provision in Section 2 that says, "All prior ordinances and resolutions in conflict with the provisions contained herein are hereby repealed," applies only to terms; with Mr. Knox responding that is correct.

Commissioner O'Brien stated he understands the requirements for the EELS Committee does not change and the persons appointed are non-political; however, when a Commissioner comes into office, perhaps the public who elected him wants someone on the Committee who will voice their opinions about what kind of lands are being purchased. He stated no one is complaining now, but perhaps in the future someone may say he does not like what the Committee is doing and unless the Commissioners have the ability to change appointments and do something to bring the voice of the people back into the process, it leaves them in a bad position of trying to meet the public's will. He stated the ordinance will allow Commissioners who take office the ability to make changes if that is part of his platform when he ran for office.

Commissioner Cook stated if the EELS Committee does something that is considered a problem, the people are not going to that Committee, they will come to this Board and ask what happened because they appointed the Commissioners to keep an eye on what is going on. He stated his appointee to the Procedures Committee was told by Mr. DeFreese they are not going to meet; the EELS Committee is not a private club; and the Board has responsibilities to make sure it operates within the public interest. He stated all the taxpayers in the County have an interest in the EELS Program; the Board has an interest to see that it is successful and works; the ordinance addresses the terms of appointments that should expire with the election of the new commissioner; and part of it was driven by the fact that the entire EELS Committee was reappointed six days before he and Commissioner O'Brien took office. He stated he may have voted for the same people, but he should have had the opportunity to vote on that and it should not have been done by a Commission that was going out of office at its last meeting. Chairman Higgs advised three Commissioners now sitting on the Board were sitting when the reappointments were made, so they would have been the majority.

Commissioner Ellis stated the ordinance is being caught up in the details of the EELS Committee, but it applies to all committees; appointments were made prior to the change of Commissioners; and Commissioners O'Brien and Cook were not allowed to have those changed out. He stated if his appointees serve after he is gone it is because the new commissioner wants them to serve and not because he or she is saddled with the appointments; and that is what the ordinance addresses. He noted it is about appointments made by Commissioners exceeding their term in office.

Commissioner Scarborough advised that was the intent the Board voted on; it is being misconceived; and while the Board does not need to do it, is there a problem saying it is not the intent of the ordinance to remove any criteria for appointments currently existing. He stated a lot of times it is not what is done but how it is perceived; people read things into the ordinance that are not there; and the best way to answer their questions is to clarify that there is no intention to change basic criteria. Commissioner Cook stated he does not see why it has to be made an amendment to the ordinance. Commissioner Scarborough stated there are people who apparently would like to see it clarified further; the purpose of the ordinance is to say what the Board means and have the community ordinance it; and since it is clearly not the intent of the Board to change the criteria, it could make that clear in the ordinance.

Commissioner O'Brien advised the ordinance states, "This ordinance provides for uniform method of advisory board appointments. All District Commissioners appointments will expire at the term of the commissioner. At large appointments will expire every two years." He stated the ordinance also provides an attendance policy and does not address requirements or anything else; so to add more verbiage is not necessary.

Commissioner Cook stated he does not know how many times the Board has to reaffirm its support for EELS; he has been on the Board six months and this is the 1,600th time it has come up; and inquired how many times does the Board have to keep doing it. He stated every time the Board asks a question about the program, people say it is trying to kill the program; that is not the point, and nobody is trying to kill any program; but the Board has a responsibility to the public beyond the people currently participating; and he cannot see where the ordinance has any impact on the EELS Committee.

Chairman Higgs recommended inserting "on terms" in Section 2 which deals with repeal of existing provisions to clarify the intent. Mr. Knox suggested after "herein" inserting "pertaining to terms".

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to include in Section 2 of the ordinance after "herein", the language "pertaining to terms." Motion carried and ordered unanimously.

Chairman Higgs advised page 3, paragraph (1) says "all advisory board appointments made by an individual district commissioner shall expire with the term of the commissioner making the appointment. . ." that would mean appointments made in the first of a Commissioner's four-year term will not change unless that person is removed for some action; so she would be more comfortable if it said the term shall expire with the term of the commissioner or one year, whichever comes first. She stated it basically sets an individual on a one-year term or with the term of the commissioner, but it is not committed to four years. She recommended one year or with the term of the commissioner, whichever comes first.

Commissioner Cook inquired if that means all appointees would serve for one year. Commissioner O'Brien suggested all appointees serve at the pleasure of the Board and expire with the term of the commissioner. Chairman Higgs stated sometimes it is easier to allow a term to expire than to terminate the appointment of an individual. Commissioner Cook advised that means all district commission appointments would be for one year terms and expire at the time the commissioner leaves office.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to amend page 3, paragraph (1) to add "or one year, whichever comes first" on the third line. Motion carried and ordered unanimously.

Chairman Higgs advised page 3, paragraph (2) says "except as otherwise provided by law" relating to at-large appointments; and inquired if the term is provided by resolution will it be the same; with Mr. Knox responding no, law means special act or general law. Chairman Higgs inquired if ordinance or resolution needs to be a part of the at-large appointment provisions; with Mr. Knox responding all it says is that the appointments last for two years unless set by law; so if a Special Act says four years, then they must serve for four years.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to grant permission to advertise a public hearing to consider an ordinance establishing uniform advisory board appointments, as amended. Motion carried and ordered; Commissioner Higgs voted nay.

AUTHORIZATION AND PRIORITIZATION, RE: SUBMITTAL OF ENHANCEMENT PROJECTS TO BREVARD MPO

Commissioner O'Brien stated he pulled this item because there is a closeout date that an application is due May 19, 1995; and he would like to add to the list a sidewalk/bikepath from Via De La Reina to Hall Road on the East side of Courtenay Parkway; and to add a sidewalk/bikepath from Church street to Port Canaveral on the west side of A1A. He stated he would also like to add landscaping of SR 3 from the Barge Canal to the Kennedy Space Center.

Chairman Higgs advised the total recommendation will go to the MPO; and inquired if the Board has to write those; with Growth Management Director Susan Hann responding yes, the MPO would prefer that each local government submits their projects in priority order.

Commissioner Cook advised Wickham Road is a heavily traveled road and it is essential to have pedestrian access. Commissioner O'Brien stated there is a lot of traffic on SR 3 also especially from just south of the Barge Canal all the way up to the north side of Hall Road and there are no sidewalks. Commissioner Ellis stated Wickham Road has about three inches and they would probably just widen the shoulder. Commissioner O'Brien stated SR 3 has nothing; the sidewalk goes from Divine Mercy Catholic Church to Villa DePalmas and stops there; there are all subdivisions along there; and a lot of people do bicycling or walk and they cannot do it because it is too dangerous. Commissioner Ellis stated there was a battle over SR 520 landscaping a few years ago; and his feeling is the bikepath/pedestrian projects should be ahead of landscaping projects. Commissioner Cook inquired if this has to go today because if he has to prioritize, he would like to think about it.

Chairman Higgs stated Palm Bay Road between Babcock and I-95 is an extremely heavily traveled road. Commissioner Ellis advised Eau Gallie Causeway project would be fully state funded; the sidewalk goes halfway up the bridge and stops; then there is a sidewalk that goes over the bridge that is closed on both ends and they cannot get into it. Commissioner Cook inquired if it is mandatory they be prioritized; with Ms. Hann responding the process that will be used is the Citizens Advisory Committee will sit on July 24 and rank all the submittals from the local governments, public, or any other agencies; the process that the MPO has established is requesting that all applications be submitted to MPO staff by May 19 and be shown in priority order so the CAC knows the priorities that have been established by the local governments; so while the Board has some time before the CAC meets and makes those recommendations and staff can provide the Board's rankings to them at a later date, the established procedure is for the Board to provide that data to the MPO by May 19th, but it is not absolutely mandatory because the CAC will not sit until July 24th.

Chairman Higgs inquired if the Board took the seven projects and each Commissioner ranked them one through seven and gave that to Ms. Hann, she could add it together. Commissioner O'Brien stated he would prefer to do it here. Commissioner Cook stated he does not mind the ranking Commissioner Ellis has them ranked. Commissioner Ellis stated Eau Gallie Causeway would be the least because it is fully state funded, and it is just to try and get them moving. Chairman Higgs inquired if Eau Gallie Causeway would be #4; and Commissioner Ellis stated that would be fine.

Chairman Higgs stated she would support (1) Palm Bay Road bikepath/shoulders, (2) Wickham, (3) Wickham, and (4) Eau Gallie. Commissioner O'Brien advised the bikepath/sidewalk from Via De La Reina to Hall Road is very important and would like to have it as #3 or #4; and the SR 3 seriousness is probably equal to the Wickham Road/Sheridan Road project, and would like to see it listed as #3.

Commissioner Cook stated Eau Gallie Causeway is state funded; and inquired if that could be dropped out and put SR 3 as #1. Chairman Higgs stated no. Commissioner Cook recommended #4 which was agreeable.

The Board discussed prioritization of the seven projects.

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to set priorities to submit to the MPO as follows:

(1) Palm Bay Road Bike Lane/Shoulders, Babcock Street to I-95
(2) Wickham Road Sidewalk/Bikepath between Sheridan Road and U.S. 192
(3) Wickham Road East Side Sidewalk/Bikepath between Nasa Boulevard and Sarno Road
(4) SR 3 Bikepath and Sidewalk from Via De La Reina to Hall Road on east side
(5) SR A1A Bikepath and Sidewalk from Church Street to Port Canaveral on west side
(6) Eau Gallie Causeway Sidewalk and Bridge Access
(7) Landscaping of SR 3 from Barge Canal to Kennedy Space Center

Motion carried and ordered unanimously.

RESOLUTION SETTING PUBLIC HEARING, RE: VACATING RIGHTS-OF-WAY IN PLAT OF SHORES HOLDING - CANAVERAL PORT AUTHORITY

Commissioner O'Brien advised earlier the Board talked about Port Canaveral and parks; this is to waive the vacating fee and adopt the resolution for property at the corner of the Barge Canal and Sykes Creek; and that is a great location for a park. He stated if the County is giving the Port Jetty Park, it should build a park. Chairman Higgs advised this item is to advertise the public hearing, so between now and the public hearing, Commissioner O'Brien will have an opportunity to talk to the Port about a park.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to waive the vacating fee and adopt Resolution setting public hearing for July 11, 1995, to consider vacating rights-of-way in Plat of Shores Holding as petitioned by Canaveral Port Authority. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, APPOINT SELECTION COMMITTEE, AND AUTHORIZE NEGOTIATIONS, RE: VENDING MACHINE SERVICE FOR DESIGNATED PARKS

Commissioner O'Brien advised the Board discussed the libraries lack of accountability for money being collected from machines; here they are collecting $3,000 to $4,000 annually from vending machines; and inquired who is collecting the money and what is the County's share. He stated it is all cash and that worries him the same as it did with the libraries.

Parks and Recreation Director Chuck Nelson advised the company handles the money; he did not want employees handling the money; and they compare the proceeds against the stock list which they receive every time the machines are reloaded. He stated the price of a can of soda is 55 cents and the County gets 10 cents; and the company maintains the machines, in some cases in high vandalism areas, which the County does not pay for. He stated he gets the stock information and knows how much went through the machine.

Commissioner Cook inquired if the Contract will come back to the Board; with Mr. Nelson responding in this case it would not come back, as they were going to follow a standard contract, but they can do that if the Board wants it. He stated they want to expand to the Cocoa area which is currently handled by the Division of Blind Services which the County receives no money from. Commissioner Cook stated the last contract came to the Board with staff's recommendation; with Mr. Nelson responding they are trying to minimize activities that are relatively routine coming to the Board, but they will be happy to do that. Commissioner Cook stated he would not know how routine it is.

Commissioner O'Brien inquired why there are no vending machines at Jetty Park; with Mr. Nelson responding there are concessionaires who operate a store and bait and tackle shop. Commissioner O'Brien stated the store is 1/4 mile away from the boardwalk; with Mr. Nelson responding the bait and tackle shop is in the building by the jetty and the camp store is by the campground.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to grant permission to advertise request for proposals for vending machine service at designated parks, appoint David Pemberton, Scott Wallace, and Jo Malota to the Selection Committee, authorize negotiations, and direct the Agreement come back to the Board for execution. Motion carried and ordered unanimously.

Commissioner O'Brien advised he pulled this item to tell fellow Commissioners that he will be there singing to help raise money for the Pat McKee fund and hopes they will all attend.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to waive provisions of Article III, Festivals to allow musical entertainment, and Article V, Section 18-104(2) to allow sale/possession/donation of alcoholic beverages for the Pat McKee Benefit at F. Burton Smith Park on May 21, 1995, subject to all state and local permits being obtained, and security, cleanup and general comprehensive liability insurance with liquor liability being provided by the organizers. Motion carried and ordered unanimously.

WAIVER OF MUSIC AND ALCOHOLIC BEVERAGE REGULATIONS, RE: MARY PADGETT BENEFIT AT WICKHAM PARK

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to waive provisions of Article III, Festivals, to allow musical entertainment, and Article V, Section 18-104(2), to allow sale/possession/donation of alcoholic beverages for the Mary Padgett Benefit at Wickham Park on May 27, 1995, subject to all state and local regulatory permits being obtained and security, traffic control, and clean up and comprehensive general liability insurance with liquor liability being provided by the organizers. Motion carried and ordered unanimously.

AGREEMENT WITH MERRITT ISLAND REDEVELOPMENT AGENCY, RE: COUNTY SERVICES

Commissioner Cook inquired if the Agency will still have the ability to hire and fire; with Economic Development and Legal Affairs Director Greg Lugar responding yes. Commissioner Cook inquired if Mr. Lugar will act as supervisor of the Director; with Mr. Lugar responding yes. Commissioner Cook advised the MIRA Director makes more money than Mr. Lugar, and inquired why it was not put under the County Manager especially with Charter Government. County Manager Tom Jenkins advised he delegated it to Mr. Lugar. Commissioner Cook stated it may be more appropriate that the County Manager be the supervisor.

Commissioner O'Brien advised Mr. Amari and he worked very hard on the issues; he represented the MIRA Board of Directors; they have an excellent contract that addresses all the items required by the Clerk's Audit four or five years ago; and the only change he would like to make is on page 6, paragraph 3.c., to add "federal and" before "state laws and County ordinances." He advised MIRA has been extremely good in looking at the entire situation; Mr. Jenkins has the ability to come up with a fee for services that do not have an established fee; it is not wide open, but it keeps everything honest on what they do and do not do; so the accountability is there.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreement with Merritt Island Redevelopment Agency, amended to add "federal and" to paragraph 3.c.

Commissioner Cook stated it would be more appropriate to say county manager or designee and Mr. Jenkins can designate Mr. Lugar; and since Mr. Easton makes $10,000 plus more a year than Mr. Lugar, it would be a more appropriate way to address the issue and more compatible with the Charter's intent.

Commissioner O'Brien advised the MIRA Board looked at that very closely and came back a few times; it had no problem being under the Director of Economic Development and Legislative Affairs because of the close linkage of their jobs; and directly under the County Manager is something they did not want to feel.

Commissioner Cook advised the MIRA Board can hire or fire the Director; Mr. Jenkins will probably delegate Mr. Lugar that responsibility; so it is more appropriate to say County Manager or designee. Mr. Jenkins advised it was previously said that all those documents should refer to the county manager or designee because it can change from time to time; in this case MIRA was looking for assurance that it was going to be at a senior level and not delegated way down in the organization; that was part of the negotiations; and because Mr. Lugar reports directly to the County Manager and is across the hall, that was a level of assurance MIRA wanted. Commissioner Cook inquired if there is a problem making it the county manager or designee; with Commissioner O'Brien responding negotiations have been completed and everyone is comfortable with the agreement as written; the reasons for being the Economic Development and Legislative Affairs Director have been thoroughly discussed; and the MIRA Board is comfortable with it.

Discussion ensued on the county manager or his designee being the authorized person over the Merritt Island Redevelopment Agency.

Motion by Commissioner O'Brien, seconded by Commissioner Ellis, to amend the Agreement with Merritt Island Redevelopment Agency for County services, as amended to add that the director report to the county manager or designee.

Commissioner Scarborough advised sometimes in negotiations one has to deviate from the norm to move things forward; apparently this is a sensitive item; Mr. Jenkins will ultimately designate Mr. Lugar, so they will end up with square one; and there has been a lot of dialogue which he does not want to jeopardize by changing Mr. Lugar to Mr. Jenkins.

Commissioner Cook advised since it is an agreement between the Board and MIRA, the Board has a right to negotiate also; it has a right to change the agreement; and this is a minor issue. He stated it is hard for him to fathom someone making in excess of $10,000 more than his supervisor; sometimes the cure is worst than the disease; and inquired if it would have been better to leave it the way it was with the MIRA Board running its own operation. Commissioner O'Brien stated no, this agreement identifies the services and costs; and it makes MIRA accountable for use of County facilities and personnel. Commissioner Cook stated the director will be working for someone who cannot fire him, and the whole situation seems different.

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

Commissioner Cook inquired about the status of the audit requested by the Board; with Mr. Jenkins responding he sent the letter but has not heard from the state. He noted they will follow up on that. Commissioner Cook advised there were problems with the Letter of Credit with Sun Bank; and inquired if that has been resolved; with Mr. Jenkins responding the Finance Department issued a report; he asked the Budget office to look at it and it is finalizing its report; but the issue is still unresolved at this time. Commissioner Cook stated that is a major concern; over 40% of the MIRA budget is debt service; and he supported Commissioner O'Brien in his efforts to look at the Agency and find out what it is doing. Commissioner O'Brien advised the problems Commissioner Cook has brought up will be addressed in the near future; and the MIRA Board and Mr. Easton are looking closely at all those things with more scrutiny and trying to resolve any problems. Commissioner Cook requested the County Manager report back to the Board on the line of credit status.

Chairman Higgs called for a vote on the motion amended to add "federal and". Motion carried and ordered unanimously. PERMISSION TO NOTIFY DCA, RE: RETAIN BREVARD COUNTY EXPRESSWAY AUTHORITY IN INACTIVE STATUS

Commissioner Cook recommended the Board preserve its right to serve as the Expressway Authority. He stated a sister county delegated the authority which was responsible for raising tolls and revenue; and he has a concern that it gets away from the elected board and diffuses that responsibility from the people who should be responsible which is the Board.

Growth Management Director Susan Hann advised if the Board wants to preserve that authority it needs to preserve the Brevard County Expressway Authority as specifically written in the statutes and not rely on the general law that allows counties to enact expressway authorities on their own. She stated if the Board proceeds with staff's recommendation, it would preserve that authority.

Commissioner O'Brien inquired how the Charter affects the authority; with Ms. Hann responding it does not, but Mr. Knox may want to address it. County Attorney Scott Knox advised it does not affect it at all, and whatever the Board does will be consistent with the law.

Commissioner Cook inquired if the Board will be preserving its right to act as the expressway authority; with County Manager Tom Jenkins responding yes, because it has a special authority, but if it was done the standard way, it would not have that right. Commissioner Cook inquired what will be gained by keeping the Authority; with Mr. Jenkins responding the option to activate if it wants to.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorize the County Manager to notify Department of Community Affairs that the Brevard County Expressway Authority will remain inactive, but should not be dissolved in case there is a need for the Authority in the future. Motion carried and ordered unanimously.

CHANGE ORDER NO. 2 WITH BROWN & ROOT BUILDING COMPANY, RE: HARRY T. AND HARRIETTE V. MOORE JUSTICE CENTER

Commissioner Cook advised basically we are going to direct purchase of materials so they can get tax exempt status; but it seems to me when it happened they ran into problems with the stadium doing the same thing; and it gave him some concern; there are two computers on here; and will those come back to the County; with Management Services Director Michael Managan responding they will go back to the County along with some radios. Commissioner Cook inquired if the tax exempt ability to purchase materials was in the original RFP; with Mr. Managan responding yes. Commissioner Cook inquired what safeguards does the County have that it will not run into similar problems.

Chairman Higgs inquired if the County Attorney reviewed the Change Order and if the County is getting into another potential problem; with County Attorney Scott Knox responding he reviewed it specifically with that in mind and he does not think there is a problem.

Commissioner Cook inquired if doing direct purchase will not encounter similar problems as the stadium; with Mr. Knox responding no it will not. Commissioner Cook inquired if the accountability is there to make sure it does not happen; with Mr. Knox responding yes.

Motion by Commissioner Scarborough, seconded for discussion by Commissioner O'Brien, to approve Change Order No. 2 to Agreement with Brown & Root Building Company, for construction of Harry T. and Harriette V. Moore Justice Center, reducing contract price by $514,162.62 to accommodate owner direct purchases.

Commissioner O'Brien advised he had the same concerns, and hopes the baseball stadium has taught the County a lesson; he hopes Mr. Managan does not allow to occur what happened with the stadium where the County spent the money and they kept it; and recommended a direct system be instituted from the beginning and the books are straight and what the County spends come off the contract price. Commissioner Cook stated there has been problems with every major construction project the County has ever done; and as far as he is concerned, he wants every screw and bolt accounted for; and whatever it takes to do that, it should be done, otherwise the County will have no credibility.

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

ACKNOWLEDGE RECEIPT, RE: INTERNAL AUDIT OF MEDICAL EXAMINER'S OFFICE

Commissioner O'Brien advised the Internal Audit of the Medical Examiner's Office (MEO), contains serious defaults that have probably been corrected by now, but, it says, "The MEO's system of accounting and administrative control is adequate except with respect to controlled substances and prescription drugs. Some improvement is also needed to ensure that material receipts are properly documented and computer backup files are stored offsite." He stated it appears the MEO has serious accountability problems that he hopes have not only been addressed but corrected; the MEO is being over charged for disposal of non-sterile waste; the Board's Resolution No. 92-252 states $10 and the MEO is spending $15; and the Board must authorize, through resolution, all changes to fees charged. He stated the Audit says, "Without authorization to change its directive, the Board's efforts to utilize taxpayer resources in the most economical and efficient manner is frustrated." Commissioner O'Brien advised he is frustrated that the Resolution by the Board was ignored. He stated the recommendation is, "We recommend the MEO comply with Board Resolution No. 92-252. If a change in authorized fees is needed to cover an increase in cost of the disposal of non-sterile waste, we recommend the MEO obtain approval from the Board." He stated Finding No. 2 states, "Invoices were not dated when received." He stated if the terms are 210 net 30, they cannot possibly take the 2% discount if they have not dated the invoices of when the items were received; he does not know how long this has been going on, but a 2% discount on net 30 terms adds up to a lot of money with a big budget; and big dollars may have been taken by suppliers because the bills were not paid in less than 10 days or whatever the terms were or because they did not know when the items came in. He stated the accountability is not there; invoices and packing slips, etc. have to match up for accounting; and if they are not stamped on the spot when received, then someone is ill-trained or a policy is not in place. He stated the recommendation is, "We recommend the MEO comply with BCC-35 with respect to dating of invoices." He noted that should have been done all along and he does not know why it is happening now. Commissioner O'Brien advised Finding No. 3 says, "The MEO has not executed an Agreement with the Medical Eye Bank of Florida." He stated the MEO indicated the agreement was sent to the County Attorney's office for review and approval in 1993; that was two years ago and nothing has been done; it is incumbent upon the MEO to follow up on it; and if he cannot agree with the County Attorney, then he should have brought it to the Board a year and a half ago. He advised Finding No. 5 states, "The MEO did not properly document the receipt of materials purchased." He stated if they do not document packing slips and what was purchased and received, it is perceptible they could buy personal items and put them in their cars and take them home and no one would know what was purchased or received. He stated someone has to open the boxes, take out the packing slip, verify what was in the box is on the slip, and date the slip for payment; and the next part is somebody paid the bills without verifying what was received. He stated the recommendation is, "The MEO comply with Section III of its purchasing procedures; and he does not recommend it, he demands it. Commissioner O'Brien advised Finding No. 6 states, "The department did not store computer backup files offsite." He stated if the MEO does not have people qualified to use computers, then he better find someone; anyone who uses computers knows he must backup and file offsite; it is something that is done every day; and if they do not do that, it could lose all the Department files. He stated a lot of money was invested in the system, so they should find someone who knows how to use it. He stated Finding No. 7 says, "Drugs found at death scene are not properly controlled." He stated if there is no proper control to label and follow through with medicines taken off people who pass away or were murdered, a whole case could be lost by improper use, transport, or whatever. He advised if the people do not have the training, they should be retrained; and if they are doing it wrong and still do it wrong, then they should be fired and someone who can do it right be hired.

Commissioner Cook stated the Medical Examiner is important to law enforcement functions; the audit is critical of many things; it is very disturbing that controlled substances are not controlled at the death scene as they should be; but there is a response from the Medical Examiner.

Human Services Director Bernice Jackson advised the Medical Examiner is appointed by the Governor and contracted by the County; there are seven paid County employees, two are medical investigators that are at the scenes; however, they do not transport the drugs from the scene. She stated the drugs come with the body by the Transport System contracted with; and once it arrives with the body, then the control mechanism begins with the staff. She stated they have put in place that once the documentation is given, along with the drugs, to the Sheriff's Department for destruction, it will be witnessed by someone else; when the Sheriff's Department destroys the medication and returns the documents to the County, it will again be witnessed; and the document will be placed in a safe. She stated those steps have been added to the policies and procedures. Commissioner O'Brien inquired why were they not done before; with Ms. Jackson responding it was not being done in that manner; they were not witnessing any documentation that were given to the Sheriff's Department or being brought back by the Sheriff's Department because they did not feel the need to have two staff people witness at that time; however, since it is a critical concern of the auditors, they will take the time to release another staff person to witness both incidents. Commissioner O'Brien inquired why does it have to be a staff person and not an innocent bystander, patrolman, or nurse; with Ms. Jackson responding they have no nurses or patrolmen on staff. Commissioner O'Brien stated when the body is delivered there are patrolmen; with Ms. Jackson responding no, bodies are delivered by the Transport System which is a private vendor; and they do not remain once the body is brought to the facility.

Commissioner Cook stated at the scene there are law enforcement officers; with Ms. Jackson responding yes, but the auditor's concern is not at the scene, but once it arrives at the facility and the County is the custodian. She stated they have not taken proper control methods with the medication leaving the facility to be destroyed and the documentation returning and were not as crisp as they should have been.

Chairman Higgs inquired if one person was witnessing and documenting it, and it was the auditor's opinion that two people were needed; with Ms. Jackson responding yes.

Commissioner O'Brien inquired why were the backup files not removed from the building on a daily basis; with Ms. Jackson responding during the audit it was brought to her attention they needed to be stored offsite; personally she did not know that; but once it was brought to her attention, she had the secretary bring those files to Viera on a daily basis. She stated during the briefing with the auditors, it was perfectly clear it was legal and okay to store them in the locked safe; so that is what they are doing now versus having to transport them to Viera daily. Commissioner O'Brien inquired if the building burns down, can the safe take the heat; with Ms. Jackson responding yes.

Commissioner Cook advised the reason the Board has audits is to look at how things can be improved; the Medical Examiner has an impact on the law enforcement community, trials, and if people are convicted or innocent at times; so all the procedures he institutes need to be as tight as possible to ensure he is meeting the criteria from a legal standpoint. Ms. Jackson advised the policies and procedures are written by staff and not the Medical Examiner. Commissioner Cook stated what he is saying is those need to be as tight as possible.

Commissioner O'Brien inquired if the County has a policy on receiving materials and stamping packing slips, etc.; with Ms. Jackson responding yes. Commissioner O'Brien inquired if the policy was ignored; with Ms. Jackson responding she does not want to use the word "ignored," but she will accept full responsibility for the oversight. She stated it has been corrected and will remain corrected. Commissioner O'Brien stated that is what he wants to hear that accountability is there. He noted the Medical Examiner is involved in the justice system which is charging large sums for services which the Board is trying to correct; so it wants to put a clamp on this service as well.

Commissioner Cook complimented Commissioner O'Brien on his scrutiny of the audit; and noted when he worked in County Finance it was a big joke that Commissioners never read the audits; so it is beneficial to bring it and discuss it in a public forum.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to acknowledge receipt of the internal audit of the Medical Examiner's Office. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Commissioner O'Brien advised County Manager Tom Jenkins sent him a memorandum on how the judicial system charges for services; page 18 of the Bills and Transfers shows $2.00 a page for the original and $1.00 a page for the copies; and for one original and two copies the total cost was $1,388 which is a lot of money. He stated on page 20, the attendance fee was $104 for 6 hours and 30 minutes; and that is $16.00 an hour which is a lot of taxpayers' money. He advised page 23, private investigation costs of $40.00 an hour for 40 hours seems excessive; and inquired if anyone compared private investigation costs. He stated he hired a private investigator for about $27 an hour who supplied his own vehicle, gas and camera, but charged him for the film; and he did a great job. Commissioner O'Brien stated the judges or whoever is authorizing those charges are not seeking out competitive prices; and the judges are establishing the prices instead of saying what is a better rate than that to be competitive. He stated page 25 has appeal transcript volumes 1 and 2 at $1,500 for the original and two copies of 375 pages; page 28 has appeal transcript volume 1 at $1,064 for the original and two copies of 266 pages; yet page 43 shows 8 cents a copy. He stated the County is being ripped off.

Commissioner Cook stated he does not disagree and understands Mr. Jenkins contacted the Chief Judge and is in the process of going out to bid on those things. County Manager Tom Jenkins advised they are going to bid the court reporter costs. Commissioner Cook stated part of the will be cost of what they will charge; and thanks to the Legislature, the County can do that now; and it is something that needed to be looked at.

Commissioner O'Brien advised page 72 shows a payment of $275 for a search fee of medical records for one of the Public Defender's clients; and Melbourne only charges $18 for the exact same thing. He stated page 88 shows costs for the original and a copy; Mr. Anliker in Titusville appears to always like to have an original and copy at $2.00 a page for the original and $1.00 a page for the copy; but Bonnie Callin gets one copy and goes to the machine to make copies at 8 cents a page.

Commissioner Ellis inquired if they pay for the original, why can't they run a copy on their own machine; with County Attorney Scott Knox responding he has no good explanation; the reason was because the originals were automatically filed in a lot of cases; however, the rules have changed and now they get the original and then file which means they can make copies. He noted those are for depositions, and for transcripts of trials, perhaps the originals are filed automatically and they need to get a copy. Commissioner O'Brien inquired then why are they paying $2.00 a page for the original; with Mr. Knox responding that is a different issue. Commissioner Ellis inquired if the copy would be obtained through the Clerk's office or court reporter. Commissioner Cook stated the Clerk charges a dollar a page; with Commissioner O'Brien responding no, he charges 15 cents a page. Commissioner Cook stated he charges a dollar a page for court documents.

Commissioner O'Brien stated page 243 is an invoice for services from the Center for Independent Living to Space Coast Disability Rights Association paying for an interpreter at $40 an hour for two hours to interpret for a deaf client; he can get an interpreter for $8.00 an hour who speaks Spanish and another who speaks German for the same price; sign language is a little special; but $40 an hour is outrageous for any kind of interpreter. He stated pages 245 and 248 have bills for air fare at $1,500 and $1,600.

Commissioner Cook stated he is keeping an eye on the air fares; they have new procedures now, but it appears the costs are the same; however, the reason he has not said anything about it is because they have not had time to implement the procedures and he wants to give them a fair opportunity to initiate the procedures. Mr. Jenkins advised he asked that question again and Mr. Wolfinger has implemented those, but these bills were done in March which was prior to the new procedures. Commissioner Cook inquired has staff gone to the Chief Judge about the costs Commissioner O'Brien mentioned; with Mr. Jenkins responding they have gone to him on court reporter costs primarily. Commissioner Cook stated the state law has changed which should make it more competitive, so staff is moving in the right direction.

Commissioner O'Brien stated it is typical of boards to say send a letter and ask how but not when they will implement changes; with Mr. Jenkins responding it is in process now; they are preparing the RFP and upon receiving responses will go through the selection process. Commissioner O'Brien recommended staff send a letter to the judges saying the idea of $40 an hour for private investigators and interpreters are outrageous and those should be put out for bid. Commissioner Cook recommended a letter stating the Board is concerned about court costs in general rather than being specific. Commissioner O'Brien indicated some judges and Mr. Anliker do not care what they are doing; it does not seem that anyone is putting out a message or looking over the shoulders of a variety of people who are having originals and copies made and saying do not do that; and the letter should express sincere and deep concern with the waste of taxpayers money because of the lack of controls on expenditure of public funds.

Commissioner Scarborough suggested Commissioner O'Brien or Commissioner Cook visit with the Chief Judge on the Board's behalf and discuss court costs; the Board has spent a lot of time on it and needs to get to the bottom of it; so someone should meet with Judge Lober. Mr. Jenkins suggested meeting with the State Attorney and Public Defender also. Commissioner Scarborough stated it may be worthwhile for someone to make an appointment, visit with them, and report back to the Board.

Chairman Higgs inquired if Commissioner O'Brien would be willing to visit with the Chief Judge and report back on how the Board can help control those costs; with Commissioner O'Brien responding his schedule is beyond belief right now. Chairman Higgs asked Commissioner Cook if he would meet with the Chief Judge; with Commissioner Cook responding yes. Commissioner Cook inquired if the Board prefers the visit instead of a letter; with Commissioner Scarborough responding a personal visit will further give them an opportunity to get into details of why they are where they are and what they have to do to change it; and Commissioner Cook could ask follow up questions on the Board's behalf.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve the bills and budget transfers as submitted; and authorize Commissioner Cook to meet with the Chief Judge on the Board's concern about court costs. Motion carried and ordered unanimously.

DISCUSSION, RE: VERBATIM TRANSCRIPTS OF WASHINGTON MEETING ON NUDITY

Commissioner Scarborough advised the Clerk's office will not have the transcription of the meeting with Park Service in Washington before Thursday night's meeting; the Board directed the Clerk to transcribe the tapes; Rene Davis told him if someone goes to the Clerk's office with their own tapes, the Clerk will copy the tapes for no charge; and if they use the Clerk's tapes, it will be $1.00 per tape; so if the tapes are available to the public, and the transcript will not be ready before Thursday, there is no need for it.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct that the Clerk does not have to transcribe the tapes of the meeting in Washington with Park Service on public nudity and to provide copies of tapes under its normal policies.

Commissioner Ellis stated he likes to have the verbatim transcript because he does not want to get into arguments of who heard what on the tapes.

Commissioner Scarborough stated the Clerk cannot have those ready before Thursday; with Clerk to the Board Berni Talbert responding her staff is currently working on the transcript and are trying very hard to have it ready by May 18, 1995.

Commissioner Cook withdrew the second to the motion, and Commissioner Scarborough withdrew the motion, commenting he was trying to avoid work that was not going to be applicable.

DISCUSSION, RE: MEETINGS AND WORKSHOPS

County Manager Tom Jenkins advised staff is working to ensure the workshops are well organized and that the Commissioners get the information a few weeks in advance of the workshops; in order to meet those two criteria, he would like to cancel the May 23, 1995 meeting scheduled, re-schedule it to June 5, 1995, and delay the June 5, 1995 workshop until later in the Summer.

Chairman Higgs advised she heard no objections, and directed the County Manager to proceed with those changes.

Chairman Higgs advised the meeting of the Public Safety Coordinating Council has been scheduled for May 23 or 24, 1995; the purpose of that group getting together is to better coordinate the issues of the jail; and if Commissioners have concerns, they should transmit them to staff so they could be there for the group to deal with.

Commissioner Cook advised Sheriff Miller would like an hour at a workshop or the next Board meeting to discuss alternatives he has to expanding the jail and asked him to bring that to the Board. He inquired if it is the pleasure of the Board to schedule an hour at a workshop or at the next meeting for the Sheriff.

County Manager Tom Jenkins advised if the Sheriff is ready now, the Board just opened May 23, 1995 date. Commissioner Cook stated Mr. Jenkins could talk to the Sheriff to determine if that would work because from his impressions, the Sheriff wanted to move quickly and was ready to come and have open discussion with the Board. Mr. Jenkins advised he will tentatively schedule May 23, 1995 as a workshop to discuss the jail expansion at 1:00 p.m.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 1:42 p.m.

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

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