The Board of County Commissioners of Brevard County, Florida, met in regular session on December 17, 1996, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Randy O?Brien, Commissioners Truman Scarborough, Nancy Higgs, Mark Cook and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Dick Phelps, Hope Recovery Ministries, Inc., Palm Bay.

Commissioner Randy O?Brien led the assembly in the Pledge of Allegiance.

PERSONAL APPEARANCE - SANTA CLAUS

Santa Claus wished everyone a Merry Christmas.

CLARIFICATION, RE: BOARD SCHEDULE

County Manager Tom Jenkins advised of two conflicts on the Board Schedule approved at the last meeting; and suggested changes.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to revise the 1997 Board Schedule to move the January 23, 1997 Zoning meeting to January 27, 1997 and delete the LDR hearing schedule for January 23, 1997. Motion carried and ordered unanimously.

DISCUSSION, RE: GOALS AND OBJECTIVES WORKSHOP

Chairman O?Brien requested the Board have a Goals and Objectives workshop on January 30, 1997; and advised of issues which may be discussed.

Commissioner Voltz requested constituents advise their Commissioners of those issues which should be discussed.

PERSONAL APPEARANCE - AMY ELLIOTT, GFOA REPRESENTATIVE, RE: PRESENTATION OF CERTIFICATE OF ACHIEVEMENT

Amy Elliott, representing the Government Finance Officers Association, presented a Certificate of Achievement for Excellence in Financial Reporting to Sandy Crawford, Clerk of the Circuit and County Courts, recognizing the Comprehensive Annual Financial Report for the Year Ended September 30, 1995 which is prepared by County Finance. Mr. Crawford advised of the purpose of the Report; and expressed appreciation to Ms. Elliott. Ms. Elliott presented certificates to Mark Peterson and Imtiaz Khan, Financial Accounting Supervisors, for their responsibility in preparing the award winning Report.

PERSONAL APPEARANCE - ROBERT G. LYNN, RE: COMMENDATION RESOLUTION

Commissioner Cook read aloud a resolution commending Robert G. Lynn for his contributions to the Citizen Budget Review Committee.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution recognizing and commending Robert G. Lynn for his contributions to the Citizen Budget Review Committee. Motion carried and ordered unanimously.

Mr. Lynn accepted the recognition on behalf of the members of the Citizen Budget Review Committee, the staff of the Budget Office and the County Manager.

PERSONAL APPEARANCE - PAUL GOUGELMAN, RE: RESOLUTION RECOGNIZING 30TH ANNIVERSARY OF HARBOR CITY VOLUNTEER AMBULANCE SQUAD, INC.

Commissioner Higgs read aloud a resolution recognizing the 30th anniversary of the Harbor City Volunteer Ambulance Squad.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution recognizing the 30th anniversary of the Harbor City Volunteer Ambulance Squad. Motion carried and ordered unanimously.

Paul Gougelman, Chairman of the Harbor City Volunteer Ambulance Squad Board, expressed appreciation to the Board; and recognized volunteers Mike Abels, Roger Mansfield, Lynn Doyle, Louise Owens, and Commissioner Helen Voltz. Mr. Mansfield advised Ms. Owens has volunteered in excess of 25,000 hours; and related a story of a recent response demonstrating the continued spirit of the Squad.

FINAL PLAT APPROVAL, RE: ISLAND CROSSINGS, PHASE III

Motion by Commissioner Cook, seconded by Commissioner Higgs, to grant final plat approval for Island Crossings, Phase III, subject to minor changes if necessary and receipt of all documents required for recording. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: VIERA, TRACT L, PHASE 1, UNIT 1

Motion by Commissioner Cook, seconded by Commissioner Higgs, to grant final plat approval for Viera, Tract L, Phase 1, Unit 1, subject to minor changes if necessary and receipt of all documents required for recording. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: CREEKWOOD SUBDIVISION

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

CONTRACT WITH JOSEPH A. HILL, RE: INFRASTRUCTURE IMPROVEMENTS IN COQUINA PALM TOWNHOMES

Motion by Commissioner Cook, seconded by Commissioner Higgs, to execute Contract with Joseph Hill for infrastructure improvements in Coquina Palm Townhomes. Motion carried and ordered unanimously.

AMENDMENTS TO AGREEMENTS WITH GEOFFREY J. STRANGE AND JOHN L. SOILEAU, RE: SPECIAL MASTERS FOR UNLICENSED CONTRACTORS HEARINGS

Motion by Commissioner Cook, seconded by Commissioner Higgs, to execute Amendments to Agreements with Geoffrey J. Strange and John L. Soileau to perform services of special masters and conduct hearings for violations of the Unlicensed Contractor Code. Motion carried and ordered unanimously.

RESOLUTION, RE: ACKNOWLEDGING ADOPTION OF EVALUATION AND APPRAISAL REPORT (EAR) OF BREVARD COUNTY COMPREHENSIVE PLAN

Motion by Commissioner Cook, seconded by Commissioner Higgs, to adopt Resolution acknowledging the adoption of the Evaluation and Appraisal Report (EAR) of the Brevard County Comprehensive Plan which occurred on October 24, 1996. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH BREVARD MPO, RE: EXTENDING CURRENT AGREEMENT THROUGH DECEMBER 31, 1997

Motion by Commissioner Cook, seconded by Commissioner Higgs, to execute Amendment to Agreement with Brevard Metropolitan Planning Organization, extending the current agreement through December 31, 1997. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING APPLICATION TO FDOT FOR HIGHWAY BEAUTIFICATION GRANT FOR U.S. 1 MEDIANS IN MIMS

Motion by Commissioner Cook, seconded by Commissioner Higgs, to adopt Resolution authorizing the Public Works Department to apply for a Highway Beautification Grant from Florida Department of Transportation to beautify and improve medians on U.S. 1 in Mims. Motion carried and ordered unanimously.

RESOLUTION, RE: INITIAL ASSESSMENT FOR RANCHWOOD COURT WATER MSBU PROJECT

Motion by Commissioner Cook, seconded by Commissioner Higgs, to adopt Resolution establishing the initial assessment for Ranchwood Court Water MSBU, and ordering acquisition and construction of assessable improvements. Motion carried and ordered unanimously.

FIRST RENEWAL TO AGREEMENT WITH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, RE: INDIAN RIVER LAGOON WATER QUALITY MONITORING NETWORK

Motion by Commissioner Cook, seconded by Commissioner Higgs, to execute First Renewal to Agreement with St. Johns River Water Management District for the Indian River Lagoon Quality Monitoring Network. Motion carried and ordered unanimously.

APPROVAL OF FINAL PAYMENT, RE: PORT ST. JOHN SURFACE WATER IMPROVEMENT PROJECT A

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve final payment to Star Base Development Company, Inc. for the Port St. John Surface Water Improvement Project in the amount of $76,447.80. Motion carried and ordered unanimously.

THIRD ADDENDUM TO LEASE WITH METROWEST, INC., RE: MEADOWLANE LIBRARY

Motion by Commissioner Cook, seconded by Commissioner Higgs, to execute Third Addendum to Lease Agreement with MetroWest, Inc. extending the lease for Meadowlane Library until December 31, 1997. Motion carried and ordered unanimously.

APPROVAL, RE: USE OF MIRA OFFICE SPACE BY EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL

Motion by Commissioner Cook, seconded by Commissioner Higgs, to authorize use of office space provided by the Merritt Island Redevelopment Agency at the Merritt Island Service Complex by the East Central Florida Regional Planning Council, with the Council providing office supplies and equipment as may be needed. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: GRANT APPLICATION TO HUD FOR CDBG AND HOME PROGRAMS

Motion by Commissioner Cook, seconded by Commissioner Higgs, to grant permission for the Housing and Human Services Department to advertise and conduct a public hearing to discuss the 1997-98 Grant Application to the U.S. Department of Housing and Urban Development for the Community Development Block Grant and HOME Program on January 29, 1997, at 7:00 p.m. Motion carried and ordered unanimously.

APPROVAL OF EXTENSION OF TRIAL PERIOD, RE: PATRON SELF-CHECKOUT SYSTEM

Motion by Commissioner Cook, seconded by Commissioner Higgs, to grant approval to extend the trial period for Patron Self-Checkout System for an additional 90 days under Purchase Order #417953 with Checkpoint Systems, Inc. Motion carried and ordered unanimously.

CONTRACTS WITH HOUSING AUTHORITIES OF THE CITY OF COCOA AND CITY OF TITUSVILLE, AND HIRING OF STAFF FOR SYLVAN PARK, GIBSON GYM, AND JOE LEE SMITH PARK, RE: HUD DRUG ELIMINATION PROGRAM GRANT

Motion by Commissioner Cook, seconded by Commissioner Higgs, to execute Subgrant for Purchase of Recreation Services Contracts with Housing Authority of the City of Cocoa and Housing Authority of the City of Titusville for HUD Drug Elimination Program Grants. Motion carried and ordered unanimously.

RESOLUTION AUTHORIZING AGREEMENT WITH SPACE TRACKERS, INC., RE: USE OF MCLARTY PARK RECREATION CENTER

Motion by Commissioner Cook, seconded by Commissioner Higgs, to adopt Resolution authorizing an Agreement with Space Trackers, Inc. for use of McLarty Park Recreation Center to provide square and round dancing from December 17, 1996 through December 16, 1997. Motion carried and ordered unanimously.

REMOVAL FROM INVENTORY, RE: STOLEN PICNIC TABLE

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve removal of a picnic table, PR #L716-1304, from the County?s Inventory that was stolen from Travis Park. Motion carried and ordered unanimously.

PURCHASE OF SERVICE AGREEMENT WITH COMMUNITY SERVICES COUNCIL OF BREVARD, INC., RE: SCAT SERVICES FOR SENIOR NUTRITIONAL AID PROGRAM

Motion by Commissioner Cook, seconded by Commissioner Higgs, to execute Purchase of Service Agreement with Community Services Council of Brevard, Inc. for SCAT to provide services for its Senior Nutritional Aid Program at $86,418 from January 1, 1997 through December 31, 1997. Motion carried and ordered unanimously.

AGREEMENT WITH IOCOM, RE: 1-800 TELEPHONE ANSWERING SERVICE

Motion by Commissioner Cook, seconded by Commissioner Higgs, to execute Agreement with IOCOM (Inbound, Outbound Communications) for 1-800 telephone answering service. Motion carried and ordered unanimously.

APPROVAL TO EXERCISE OPTION TO PURCHASE AND AUTHORIZE CHAIRMAN TO EXECUTE PURCHASE CONTRACT, RE: LAND ADJOINING SARNO ROAD LANDFILL AND MELBOURNE TRANSFER STATION

Motion by Commissioner Cook, seconded by Commissioner Higgs, to authorize exercising the option to purchase land adjoining Sarno Road Landfill and Melbourne Transfer Station. Motion carried and ordered unanimously.

PERMISSION TO BID, RE: RELOCATION OF SOUTH PATRICK DRIVE FORCE MAIN

Motion by Commissioner Cook, seconded by Commissioner Higgs, to grant permission to advertise bids, award to lowest responsive bidder, and execute construction Contract for relocation of the South Patrick Drive force main. Motion carried and ordered unanimously.

APPROVAL OF AWARD TO CRA MANAGED CARE, INC., RE: MANAGED CARE PROVIDER FOR WORKER?S COMPENSATION

Motion by Commissioner Cook, seconded by Commissioner Higgs, to award the managed care network provider for Worker?s Compensation to CRA Managed Care, Inc. at estimated cost of $46,649.40 annually, and authorize the Chairman to execute the Contract; and authorize Risk Management to file the necessary application with the State at a fee of $1,000 to implement the managed care program, and authorize the Chairman to execute Contract upon approval of Risk Management and the County Attorney. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-3-6-28, DIGITAL LOGGING RECORDERS, PERMISSION TO PURCHASE TIMING DEVICES, APPROVAL OF BUDGET CHANGE REQUESTS, AND EXTENSION OF EXISTING AGREEMENT WITH DICTAPHONE CORPORATION, RE: E-911 SYSTEM

Motion by Commissioner Cook, seconded by Commissioner Higgs, to award the top ranked proposal received from Dictaphone Corporation at $271,052.56 for eleven Digital Logging Recorders; approve the purchasing of timing devices from Spectracom Corporation in the amount of $25,865; approve a Budget Change Request for capital improvements to the E-911 System; and extend the existing Maintenance Agreement with Dictaphone Corporation through September 30, 1997. Motion carried and ordered unanimously. (Motion rescinded later in meeting.)

AMENDMENT TO AGREEMENT WITH TELCO RESEARCH CORPORATION, RE: MAINTENANCE AND ENHANCEMENTS FOR TRU SYSTEM, AND AIM SOFTWARE

Motion by Commissioner Cook, seconded by Commissioner Higgs, to execute Amendment to Agreement with Telco Research Corporation for maintenance and enhancements of the TRU System and AIM Software. Motion carried and ordered unanimously.

AGREEMENT WITH BRIAN J. ELLIS, M.D., RE: MEDICAL DIRECTION

Motion by Commissioner Cook, seconded by Commissioner Higgs, to execute Agreement with Brian J. Ellis, M.D. to provide medical direction from January 1, 1997 through December 31, 1997 for a total sum of $3,000. Motion carried and ordered unanimously.

APPROVAL OF REVISED POLICY BCC-41, RE: EDUCATION ASSISTANCE PROGRAM AND LICENSING FEE REIMBURSEMENT PAYMENT PROGRAM

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve the revised Policy BCC-41 regarding education assistance and licensing fee reimbursement payment program. Motion carried and ordered unanimously.

APPROVAL OF ADDENDUM D TO CONTRACT WITH ALEXSIS, RE: REVISED FEES FOR WORKER?S COMPENSATION AND LIABILITY CLAIMS

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve Addendum D to Contract with Alexsis revising fees for Worker?s Compensation and Liability Claims. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: AMENDMENT TO MERIT SYSTEM POLICY XI, EMPLOYEE PERFORMANCE EVALUATION

Motion by Commissioner Cook, seconded by Commissioner Higgs, to grant permission to advertise a public hearing to consider an amendment to the Merit System Policy XI, Employee Performance Evaluation. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: INTERNAL AUDIT OF HEALTH AND SOCIAL SERVICES DIVISION

Motion by Commissioner Cook, seconded by Commissioner Higgs, to acknowledge receipt of the internal audit of the Health and Social Services Division for the period from October 1, 1993 through September 30, 1994. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: INTERNAL AUDIT OF RISK MANAGEMENT PROGRAM

Motion by Commissioner Cook, seconded by Commissioner Higgs, to acknowledge receipt of the internal audit of the Risk Management Program for the period from October 1, 1993 through September 30, 1994. Motion carried and ordered unanimously.

APPROVAL OF BUDGET CHANGE REQUESTS, RE: ADJUSTMENT OF REVENUES FOR CONTRACTED SERVICES WITH CITY OF CAPE CANAVERAL AND PORT CANAVERAL

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve Budget Change Requests adjusting revenues for contracted services with City of Cape Canaveral and Port Canaveral. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE, RE: SHERIFF?S DESK

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve the purchase of Sheriff Miller?s desk for presentation to him upon his retirement at depreciated value of $27.19. Motion carried and ordered unanimously.

APPROVAL OF BOND AND PAYMENT, RE: SHERIFF PHIL WILLIAMS

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve the public official bond for incoming Sheriff Phil Williams, and authorize payment of $170 to Hunt Insurance Group, Inc. for the bond. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARD

Motion by Commissioner Cook, seconded by Commissioner Higgs, to appoint/reappoint the following: Bettye G. Murray, 2404 South Lipscomb Street, Melbourne, Carmen Contreras Shrum, 318 Eutau Court, Indian Harbour Beach, and Susan Wright, 1200 Hilltop Court, SE, Palm Bay to the Brevard County Commission on Status of Women; Michelle Lindsey, P. O. Box 10062, Cocoa, and Donald Simms, 411 Palm Springs Boulevard, Indian Harbour Beach to the Building and Construction Advisory Board; M. Rene Davis, 2577 South Park Avenue, Titusville to the Citizen Budget Review Committee; David Azar, 7321 Highway A1A, Melbourne Beach, and Michael Rowland, 2880 Rocky Point Road, Malabar to the Code Enforcement Board; Tony Boyles, 2890 St. Marks Drive, Titusville, and Clara Smith, 616 East Roberts Street, Melbourne to the Community Based Organization Funding Advisory Board; Bud Crisafulli, 5525 North Courtenay Parkway, Merritt Island, Kevin Daneu, 1041 Piedmont Avenue NE, Palm Bay, Hank Lemerise, 357 Imperial Boulevard, Cape Canaveral, Lena Nordell, 3765 Laurette Road, Merritt Island, Daniel Petro, 157 North Orlando Avenue, Cocoa Beach, and Nick Witek, 1793 Rockledge Drive, Rockledge to the Contractors Licensing Board; Traci Wood, 684 Kenwood Street NE, Palm Bay to the Country Acres Advisory Board; Lonnie Ellis, 1153 Malabar Road NE, Palm Bay to the Economic Development Commission of East Central Florida; Gladys Hildre, 357 Earruso Street, Cocoa, and Brooks Humphrys, P. O. Box 540215, Merritt Island to the Extension Advisory Board; Jim Culberson, 218 Ash Street, Melbourne, Brooks Humphrys, P. O. Box 540215, Merritt Island, and Les Widick, 1413 Turnesia Drive, Titusville to the Historical Commission; Arthur Lamar, 1337-C Cheney Highway, Titusville, and Lynda Sabara McClellan, 781 Brisbane Street NE, Palm Bay to the Library Board; Gloria Sommer, 2165 Royal Drive, Melbourne, and Libby White, 8021 Pine Needle Lane, West Melbourne to the Meadowlane Community Library Board; Ronny McLellan, P. O. Box 500231, Malabar to the Metropolitan Planning Organization Citizens Advisory Committee; George Broyles, 5540 Hastings Street, Cocoa, and Christopher White, 1155 Baymeadows Drive, Titusville to the North Brevard Commission on Parks and Recreation; Dr. Walter Cerrato, 3561 Palmer Drive, Titusville, and Kerry Kennedy, 550 Ora Dell Ave., Titusville to the North Brevard County Hospital District Board; Sheila Hutcheson, 3860 Grantline Road, Mims, and Herman Wattwood, 1010 Lane Avenue, Titusville to the North Brevard Library District Board; Michael Couture, 670 Kenwood Street NE, Palm Bay, and John Yust, 2560 Rocky Point Road, Malabar to the Palm Bay Regional Park Advisory Committee; Ken Black, 5864 Lindsay Road, Micco, Jon England, 2981 Ohio Street, Melbourne, and Thomas Redmond, 750 Highland Avenue NW, Palm Bay to the Parks and Recreation Department South Service Sector Advisory Board; Johnny Albert Diggs, P. O. Box 5764, Titusville, Oscar Gamboa, 305 Emerson Drive NW, Palm Bay, and Ralph Robertson, 106 South Hilltop Drive, Titusville to the Personnel Council; Mike Brady, 6630 Arequipa Road, Cocoa, Ed Coburn, 3780 Canaveral Groves Boulevard, Cocoa, Hank Hurley, 109 East Nelson Avenue, Melbourne, Ronny McLellan, P. O. Box 500231, Malabar, and Nick Tsamoutales, 1900 Palm Bay Road NE, Palm Bay to the Planning and Zoning Board; Robert E. Mills, Jr., 4625 Rosebud Street, Cocoa to the Port St. John Public Library Advisory Board; Brett Wood, 684 Kenwood Street NE, Palm Bay to the Public Golf Course Advisory Board; Helen Gustafson, 9605 Riverview Drive, Micco to the South Mainland Community Center Citizens Advisory Committee; James E. Ball, 921 Indian River Avenue, Titusville, Tom Barnett, 219 Indian River Avenue, Titusville, and Susan Cossey, P.O. Box 267, Cape Canaveral to the Spaceport Commerce Park Authority; Richard Adams, 797 Isar Avenue NW, Palm Bay, and Linn Walters, 1955 Valkaria Road, Valkaria to the Valkaria Airport Advisory Board; and Dick Cottrell, 3001 Oklahoma, Melbourne, Leonard Daye, 4270 Hemlock Lane, Titusville, Mary Redmond, 750 Highland Avenue NE, Palm Bay, and Frank Wrisley, 711 Altura Drive, Cocoa to the Zoning Board of Adjustment. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

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

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN PLAT OF MELBOURNE MANOR, SECTION B - LEO BOURQUE

Chairman O?Brien called for the public hearing to consider a resolution vacating right-of-way in Plat of Melbourne Manor, Section B as petitioned by Leo Bourque.

There being no comments heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution vacating right-of-way in Plat of Melbourne Manor, Section B as petitioned by Leo Bourque. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AND RESOLUTION AMENDING ROADSIDE VENDORS ORDINANCE AND SETTING FINES

Chairman O?Brien called for the public hearing to consider an ordinance and resolution amending Roadside Vendors Ordinance and setting fines.

There being no comments heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Ordinance amending Chapter 86, Article IV, Roadside Stands, amending penalty; amending enforcement; providing resolution for conflicting provisions; and providing an effective date and a Resolution setting fines. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING ORDINANCE NO. 90-39, TUITION REIMBURSEMENT

Chairman O?Brien called for the public hearing to consider an ordinance amending Ordinance No. 90-39, Tuition Reimbursement.

There being no comments heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Ordinance amending Brevard County Ordinance 90-39 providing for tuition and licensing fee reimbursement programs; amending the term County Administrator to County Manager; providing for the Office of Human Resources to administer the reimbursement programs; striking the provision which restricts affected employees from using such license for purposes other than County employment; clarifying that Departments/Offices funded mainly by non-General Fund revenues are responsible for funding tuition reimbursements to the Departments?/Offices? respective employees; clarifying that all Departments/Offices are responsible for funding licensing fee payments/reimbursements to the Departments?/Offices? respective employees; amending such Ordinance to provide for codification of the original Ordinance as amended; providing for severability and an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE UPDATING SCHEDULE OF IMPROVEMENTS IN CAPITAL IMPROVEMENTS AND PROGRAMS ELEMENT

Chairman O?Brien called for the public hearing to consider an ordinance updating Schedule of Improvements in Capital Improvements and Programs Element.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Ordinance of Brevard County, Florida amending Chapter 62, Article III, Code of Ordinances of Brevard County, Florida, relating to the Comprehensive Plan; specifically amending Section 62-501, Contents, Part IX Capital Improvements and Programs Element to update the Schedule of Traffic Circulation Improvements and the Schedule of Improvements and funding for Mass Transit, Potable Water, Sanitary Sewer, Solid Waste, Surface Water Management, Community Facilities, and Parks and Recreation Facilities; providing for severability; and providing for an effective date.

Commissioner Scarborough inquired about the grant for the Harry T. Moore Homesite; with Planner Steve Swanke responding he included listings for the Harry T. Moore Homesite, Phase III, the Merritt Island National Wildlife Refuge non-motorized trail, and turn lanes on South Courtenay Parkway to access improvements at Tropical Elementary and Jefferson Junior High School; and recommended the motion incorporate the additions. Chairman O?Brien explained the safety problems which necessitate the improvements. Mr. Swanke outlined the funding sources. Growth Management Director Susan Hann advised the change was described in the December 12, 1996 memorandum and included a reduction in funds from another project which offsets the increase for the South Courtenay project. She advised another change to a stormwater improvement project affects Districts 4 and 5. Mr. Swanke suggested if the Board is going to make changes to the Capital Improvements Program, it may be useful to wait to adopt the Ordinance until the full scope is known.

Commissioner Higgs and Commissioner Cook accepted the inclusion of the changes.

Discussion ensued on discussion of the CIP in conjunction with the Ordinance.

Chairman O?Brien called for a vote on the motion to adopt the Ordinance, as amended. Motion carried and ordered unanimously.

DISCUSSION, RE: CAPITAL IMPROVEMENTS PROGRAM

Chairman O?Brien advised capital improvements drive tax increases; things should not be built until the tax base is big enough so there will not need to be any tax increases; and questioned building the Viera Fire and Rescue stations. Planner Steve Swanke advised projections show that when the station is scheduled to begin operations, sufficient funds will be available to support one station. Discussion ensued on tax increase for one station and operating costs for three-person crews with ALS capability.

Chairman O?Brien questioned the $750,000 price of the Moore homesite project. Commissioner Scarborough questioned the responsibility of the State and Nation to participate. Chairman O?Brien suggested including a request in the Legislative Package for the State to make the site a State Park. Discussion ensued on the advantages of the Harry T. Moore homesite being a State Park.

Chairman O?Brien described the National Wildlife Refuge non-motorized trail project; and inquired if the project should be the responsibility of the Kennedy Space Center, the U.S. Fish and Wildlife Service and the National Park Service. Discussion ensued on application for the grant and who will do the work.

Commissioner Voltz inquired why the County is doing school projects such as the Madison Middle School pool repair and the Satellite High School tennis courts. Parks and Recreation Director Charles Nelson explained the projects are done through a Joint Use Agreement with the School Board. Discussion ensued on maintenance and use of the tennis courts, cost of the tennis court restoration project, and cost of new tennis courts. Commissioner Voltz expressed concern about taking away soccer fields to put in a retention area at Johnson Junior High School. County Manager Tom Jenkins advised he directed Public Works to see if there is an alternative. Surface Water Improvement Director Ron Jones advised a meeting has been scheduled with a representative of the School Board; and he will report to the Board.

Commissioner Cook requested items already accomplished or underway not be included in the CIP, and suggested streamlining the process.

Commissioner Voltz suggested the library budget increase be implemented incrementally.

Discussion ensued on staffing of fire stations, removing operational budget issues from the CIP, and future library budget issues, and whether the Board previously voted on a motion to go to three-man crews. County Manager Tom Jenkins advised staff was directed to come back with additional information on three-man crews; the recommendations will be done on a case-by-case basis with justification; and it will come to the Board in the near future.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution with attachments for the Capital Improvements Program, removing reference to three-man crews with ALS capabilities on fire engines; and direct staff to work with the School Board to determine if there is another alternative to put in a retention pond at Johnson Junior High School without using the soccer fields, and look at incremental increases for the Library Services budget rather than a 3.9% increase in two years. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct staff to include in the Legislative Packet a request to make the Harry T. Moore homesite a State Park. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: REQUEST FROM BARBARA C. MEJIAS FOR VARIANCE FROM BREVARD COUNTY COASTAL SETBACK LINE

Chairman O?Brien called for the public hearing to consider a request from Barbara C. Mejias for variance from the Brevard County Coastal Setback Line.

Ed Fleis, representing Barbara Mejias, advised of previous Board action approving a variance of eight feet from the Brevard Coastal Setback Line; and explained the problems with building within that variance. He requested a variance to cover the first floor; presented aerial photographs showing the vegetation and area of impact; and described the site. He explained why the site meets various criteria and why the variance would not be contrary to public interests.

Commissioner Higgs inquired if the applicant has applied for a variance from the A1A setback; with Mr. Fleis responding no. Discussion ensued on requesting variance from the A1A setback.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to continue the public hearing to consider request from Barbara C. Mejias for variance from the Brevard County Coastal Setback Line to March 25, 1997 to allow the applicant to seek a variance from the A1A setback from the Board of Adjustment.

Commissioner Voltz inquired about the present A1A setback and whether the building would be in line with other structures; with Mr. Fleis responding the setback is 80 feet from the center line of A1A and it is in line. Discussion ensued on the parameters of the request for variance and how many times the request has been before the Board.

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

Discussion ensued on when the item will come back to the Board.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to reconsider the motion to continue the public hearing to March 25, 1997. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to continue the public hearing to consider request from Barbara C. Mejias for variance from the Brevard County Coastal Setback Line to February 18, 1997 to allow the applicant to seek a variance from the A1A setback from the Board of Adjustment. Motion carried and ordered; Commissioner Voltz voted nay.

PUBLIC HEARING, RE: REQUEST FROM TONI AND KEITH WIGGINS FOR VESTED RIGHTS DETERMINATION FOR MOBILE HOME ON 1.4 ACRES IN CANAVERAL GROVES

Chairman O?Brien called for the public hearing to consider a request from Toni and Keith Wiggins for vested rights determination for mobile home on 1.4 acres in Canaveral Groves.

Planner Mel Scott explained the three-prong test for vested rights determination; and advised of the verbal conversation between applicant and a member of the zoning staff indicating the applicant had the necessary zoning, the action taken by the applicant to get a mobile home on the property, and the expiration of the deadline to get a rezoning through the normal procedure. He requested, if the Board grants the vested right, that staff be allowed to administratively rezone the property to ARR at the February 25, 1997 hearing, with the cost to be covered administratively.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve the vested rights determination for a mobile home on 1.4 acres in Canaveral Groves as requested by Toni and Keith Wiggins. Motion carried and ordered; Commissioner Higgs voted nay.

Motion by Commissioner Scarborough, to direct staff to place the administrative rezoning on the February, 1997 Zoning Agenda, and waive fees for the rezoning.

Mr. Scott explained why it would set bad precedent. Discussion ensued on waiver of fees, cost of the procedure, and approving waivers on a case-by-case basis.

Commissioner Cook seconded the motion. Motion carried and ordered; Commissioner O?Brien voted nay.

PUBLIC HEARING, RE: ORDINANCE APPROVING SMALL SCALE PLAN AMENDMENT 96S.6

Chairman O?Brien called for the public hearing to consider an ordinance approving Small Scale Plan Amendment 96S.6.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to continue the public hearing to consider an ordinance approving Small Scale Plan Amendment 96S.6 to January 27, 1997. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: REQUEST FROM CHARLES W. AND ELIZABETH HERZIG FOR VARIANCE FROM BREVARD COUNTY COASTAL SETBACK LINE

Chairman O?Brien called for the public hearing to consider request from Charles W. and Elizabeth Herzig for variance from Brevard County Coastal Setback Line.

John Parrot, representing Charles and Elizabeth Herzig, explained the justification for the request for the 20-foot variance; and advised seeking a variance from the A1A setback would be their next course of action.

Discussion ensued on the data from 1986 through 1996, erosion rate, surveys showing two-foot erosion rate, calculation of erosion rate using the Olsen Report, the building envelope without variance, and size of the proposed structure. Rebecca James and Bob Schuett opposed the request due to impact to the dune system.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to continue the public hearing to consider a request from Charles and Elizabeth Herzig for variance from the Brevard County Coastal Setback Line to February 18, 1997 to allow the applicant to seek a variance from the A1A setback from the Board of Adjustment.

Commissioner Voltz inquired what will happen if the variance is denied by the Board of Adjustment; with Commissioner Cook explaining the item will be reheard by the Board on February 18, 1997.

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

The meeting recessed at 10:25 a.m. and reconvened at 10:40 a.m.

PERSONAL APPEARANCES - MAUREEN RUPE AND JOE STADNIK, RE: RELOCATION OF TEMPORARY LIVING FACILITY

Maureen Rupe, representing the Port St. John Homeowners Association, Port St. John AARP, Port St. John Seniors, Port St. John Football, Port St. John Little League, and Port St. John Soccer, expressed opposition to relocation of the Temporary Living Facility to a site on Camp Road; and advised of the impact to the Port St. John area.

Joseph Stadnik, representing the Canaveral Groves Homeowners, advised of other detention and correction institutions and drug and alcohol treatment centers in the County; and expressed opposition to the relocation of the Temporary Living Center to a site on Camp Road and use of County funding to support a private enterprise.

Walter Butler, representing the North Cocoa Civic League and AARP, expressed opposition to relocation of the Temporary Living Center to a site on Camp Road.

Commissioner Scarborough addressed inability to lock up residents of the Temporary Living Center, provision of free land, and endangering children going to soccer fields.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct staff look at other options for relocation of the Temporary Living Center.

Discussion ensued on whether another location can be found, adopting Board policy that land not be given away, vacant facility in Palm Bay, and Board policy on taking public comment.

Eric Jones, President of Temporary Living Center (TLC), advised of the County?s notification that the Lease on the TLC facility in Valkaria is being terminated on April 1, 1997, the Board?s indication that the Camp Road area was where TLC should be looking for a site, and ability of TLC to make an offer to buy the land.

Discussion resumed on Board policy to not give away land, working with TLC to find a suitable location even if it is not on County property, TLC?s ability to purchase property, Port St. John/Canaveral Groves Special Taxing District, whether County staff should assist any agency seek private property, ability of the EDC to assist, and advantages of TLC owning property.

Mr. Jones advised effort has been concentrated on the Camp Road area; and the offer to buy the land was not an indication that TLC wants to look everywhere in the County. Commissioner Scarborough indicated problems with selling the Camp Road property to TLC. Kathleen Turner, Executive Director of TLC, advised of advantages of the Camp Road site, and difficulties in locating another property. Commissioner Scarborough advised of the resistance of Port St. John. Mr. Jones explained the difficulties of financing land and finding other locations. Ms. Turner expressed concern about using up 90 days looking at an option suggested by the Board when TLC only has six months to relocate.

Discussion ensued on unwillingness of the Board to provide land for $1 a year, history of County?s leasing practices, selling the County?s surplus properties, decision to put in a park preceding decision to relocate on the Camp Road site, reasons Camp Road site was considered suitable, and need for programs provided by TLC.

Commissioner Higgs expressed support for staff assisting TLC to find another location. Commissioner Cook expressed support for giving TLC a clear message so it can plan accordingly. Commissioner Scarborough explained why the Board thought the Camp Road site was suitable; and recommended scheduling a public hearing on the issue to allow the people of Port St. John and Canaveral Groves to participate fully as the people of Valkaria did previously. Commissioner Cook expressed concern that public hearings will continue while the TLC lease runs out.

Commissioner Voltz suggested extending the Lease. County Attorney Scott Knox advised of the Board?s ability to extend the Lease. Discussion ensued on extending the Lease, commitment to the people of Valkaria, lack of vote on the Camp Road property, and extending the Lease another 90 days.

Chairman O?Brien called for a vote on the motion to direct staff look at other options for relocation of the Temporary Living Center. Motion did not carry. Commissioners Scarborough and Higgs voted aye; Commissioners O?Brien, Cook, and Voltz voted nay.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to direct staff to prepare a policy for the Board?s consideration providing that County property not be given away and that surplus property with no foreseeable use be put up for sale.

Discussion ensued on putting the issue on a future Agenda for Board discussion and development of a detailed policy for surplus properties with criteria.

Commissioner Cook amended his motion to include development of criteria providing for exceptions; and Commissioner Voltz accepted the amendment.

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

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct staff to cease work on relocation of Temporary Living Center to the Camp Road site. Motion carried and ordered; Commissioner Higgs voted nay.

Discussion ensued on extension of the Lease.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to direct that a hearing be set for January 7, 1997 to consider extension of the Lease with Temporary Living Center.

Discussion ensued on how long to extend the Lease; with Commissioner Voltz suggesting 60 to 90 days from April 1, 1997.

Chairman O?Brien called for a vote on the motion to set a public hearing to consider extension of the Lease. Motion carried and ordered unanimously.

DISCUSSION, RE: PRO RATA AGREEMENTS FOR UNPAVED ROADS AND WASTEWATER INFRASTRUCTURE

Buzz Tietig advised he and James Ownby own approximately 80% of the undeveloped land in the Cape Kennedy Estates area, which was subdivided in the late 1960's in accordance with County regulations; at that time and for a considerable period after, the parcels were all subject to development and sale; and today they are not developable, buildable or saleable. He alleged the Unpaved Road Ordinance and other Board actions are designed to insure the Cape Kennedy Estates area does not develop any further. He questioned the arithmetic used by the Public Works Department; and stated the County is getting a road built to DOT standards for nothing. He questioned the estimated maintenance costs; and expressed concern about the lack of equitable contribution. He expressed concern about lack of notice, lack of opportunity to meet with staff to challenge the figures, and lack of opportunity to rebut.

Chairman O?Brien inquired if Mr. Tietig is requesting the item be continued to another meeting; with Mr. Tietig responding affirmatively. Mr. Tietig requested the issue be combined with the MSBU; and explained the Catch 22 policy involved. He expressed concern about the policy of one vote per owner regardless of the number of lots owned and lack of opportunity to meet with the County Attorney?s and Public Works? staff.

County Attorney Scott Knox reminded the Board that Mr. Tietig is the attorney for Farm and Grove Realty which is serving the County on at least two different suits involving the issue being discussed; and recommended the Board be careful about what is said. He noted he has no problem with Mr. Tietig meeting with staff to work out numbers; and a report will be provided to the Board.

Commissioner Higgs noted the Ordinance has Countywide application; advised of the experiences of the Town of Malabar which has done six roads under a Pro-rata Ordinance; and stated she does not believe that lots cannot be developed, built on or sold in the area Mr. Tietig is discussing. She recommended the Board listen to the issues regarding Item V.B. and not table both issues.

Commissioner Scarborough expressed interest in having the issue tabled to enable constructive dialogue to move forward. He explained if a wealthy doctor lives at the end of a road, he can pave the road, and when others get their building permits, they can pick up the cost of the paved road; everybody on the road, whether they build or not, will have an immediate increase in property value; and he has no problem allowing private money to make public improvements, with the people benefitting from such improvements paying. Commissioner Voltz indicated agreement. Commissioner Higgs expressed concern about how costs will be established, what percentage of people on the road would have to agree, and what kind of legal obligation would be put on those people to pay. Commissioner Scarborough advised it will be necessary to set up a legal mechanism to place liens on property as a matter between two property owners instead of the County being the intermediary; and recommended the issue be discussed. Commissioner Cook advised of the need for some audit capacity of the cost of the road.

Jay Moynahan, President of Pineda Crossing, expressed support for tabling the item; and stated any time a facility such as a road is built by a private developer who then turns it over to the County, the costs are well established in the public record because the developer has a two-year maintenance bond, and the Engineering and Land Development Departments are familiar with what are realistic numbers. He noted there is some administrative burden, but a lot can be shifted to the wealthy landowner at the end of the street who keeps an eye on who is developing.

Chairman O?Brien inquired if the Board wishes to hold a workshop on this issue. Discussion ensued on when to hold the workshop.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to table consideration of Pro-rata Agreements for unpaved roads and wastewater Infrastructure to the February 27, 1997 workshop. Motion carried and ordered unanimously.

APPROVAL OF AMENDMENTS AND PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING UNPAVED ROAD ORDINANCE NO. 96-25

Michelle Ryan requested the Board approve a 20% or 264-foot increase beyond the current 1,320-foot limit; and addressed the cost of maintenance of unpaved roads in the County. She requested advertising of the public hearing proceed as quickly as possible; and advised of her inability to construct her road and home.

Discussion ensued on the number of parcels on the roads, costs to maintain the unpaved roads, and costs associated with additional culverts and piping. County Manager Tom Jenkins advised he will provide additional information on the maintenance costs prior to the workshop. Discussion proceeded on increasing maintenance fees, correlation between number of people on unpaved road and maintenance required, and building dirt roads to standards.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct staff to advertise a public hearing in January, 1997 to consider an ordinance amending Unpaved Road Ordinance No. 96-25.

Commissioner Cook questioned advertising a public hearing before the Board has the workshop. Discussion ensued on whether to advertise the public hearing, pro-rata agreements being a separate issue, cost estimates on extending 20%, provision of flexibility in wording of the advertisement, and whether one or two public hearings are required.

Mr. Tietig requested Mr. Knox stipulate that anything discussed with the Board or staff would be under the privileged settlement provisions of the law, and would not be used by either party; with Mr. Knox indicating acceptance.

Commissioner Scarborough cautioned about the impact of the extension of the Ordinance on the County?s budget.

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

RECOGNITION

County Manager Tom Jenkins advised this is Code Compliance Director Mahmoud Najda?s last week with the County. The Board recognized Mr. Najda?s many years of service to the County.

The meeting recessed at 11:59 a.m. and reconvened at 1:01 p.m.

DISCUSSION, RE: TRANSFER OF NORTH ANIMAL SHELTER TO THE SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OF NORTH BREVARD, INC.

Commissioner Scarborough advised of a proposal to have, in place of a reverter, payment of cash for the value if the SPCA disposes of the property; and recommended tabling the issue until the Board gets the policy back on transfer of surplus County properties.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to table consideration of transfer of the North Animal Shelter to the Society for the Prevention of Cruelty to Animals until the Board receives information on the proposed policy regarding transfer of surplus properties. Motion carried and ordered unanimously.

RESOLUTION, RE: AMENDING DOG/CAT RABIES VACCINATION TAG/CERTIFICATE FEES, AND LIVESTOCK BOARD AND FEED FEES

Chairman O?Brien suggested discussing the animal control issue at the February 27, 1997 workshop. He suggested the Board request the State government impose a tax on dog and cat food to fund various animal control functions.

Discussion ensued on the consequences of deferring the fee resolution, advantages of discussing the issue at a workshop, status of previous Board action, and objections of the veterinarians.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to table consideration of resolution amending dog/cat rabies vaccination tag/certificate fees, and livestock board and feed fees to the February 27, 1997 workshop. Motion carried and ordered; Commissioner Higgs voted nay.

Chairman O?Brien advised of opportunity for public input at the workshop. Discussion ensued on the workshop format. Commissioner O?Brien requested staff provide information at the workshop on funding animal control through a tax on pet food.

ACCEPTANCE OF STAFF REPORT, RE: ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE, AND IMPLEMENTATION OF RECOMMENDED ACTIONS

Motion by Commissioner Cook, seconded by Commissioner Voltz, to acknowledge receipt of the staff report, Analysis of Impediments to Fair Housing Choice. Motion carried and ordered unanimously.

Discussion ensued on pursuing actions outlined in the report, existing education and outreach programs, continuing dialogue with Board and Consortium members, financial impact, and how the process will proceed. Commissioner Voltz expressed concerns, and recommended moving slowly.

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

Mary Tees spoke in support of the Fay Boulevard I-95 pedestrian overpass.

Growth Management Director Susan Hann advised of the availability of $1.5 million in enhancement projects starting in 2001; and explained the need to revisit the prioritized list for consideration by Florida Department of Transportation. She advised the deadline to submit the projects to the MPO is January 3, 1997; and advised of the process which will result in a recommendation on February 12, 1997 which will be forwarded to FDOT.

Discussion ensued on the bicycle parking facilities at Erna Nixon Park, estimated cost of pedestrian overpass, School Board participation, and possibility of having an underpass rather than an overpass. Commissioner Higgs expressed support for the Fay Boulevard I-95 pedestrian overpass. Commissioner Cook expressed his support for the sidewalk/bikepath on Port Road between Wickham Road and Turtlemound Road. Ms. Hann advised there is some funding, but it is not fully funded from impact fees. Commissioner Voltz inquired about funding for number 11; with Ms. Hann advising it would be funded partially with impact fees. Discussion ensued on the priority list.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize submittal of projects to the Brevard Metropolitan Planning Organization for consideration for federal transportation enhancement funds, in the following order of priority: (1) Project 1-Fay Boulevard I-95 Pedestrian Overpass, (2) Project 8-Sidewalk/bikepath on Post Road between Wickham Road and Turtlemound Road, (3) Project 3-Sidewalk/bikepath on east side of SR A1A between Patrick Air Force Base and 1st Street in Cocoa Beach, and (4) Project 7-Sidewalk/bikepath on Micco Road from Fleming Grant Road to U.S. 1.; and authorize the Chairman to execute Application to the MPO. Motion carried and ordered unanimously. The meeting recessed at 1:34 p.m. for Executive Session and reconvened at 2:06 p.m.

ACTION AS RESULT OF EXECUTIVE SESSION

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct the County Attorney to assume responsibility for defense that is now being carried by Harbor City Volunteer Ambulance Squad. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: REVISIONS TO MUNICIPAL SERVICE BENEFIT UNIT ORDINANCE NO. 91-12

County Manager Tom Jenkins advised the recommendations are the result of an audit.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to grant permission to advertise a public hearing to consider adopting the revised Municipal Service Benefit Unit Ordinance, amending Chapter 98, Article II, Brevard County Code.

Buzz Tietig expressed concern about denial of use of an MSBU in his area, the 75% approval requirement, and each landowner only having one vote no matter how many lots he owns. He recommended doing it on a building permit basis which is more equitable. He recommended an opt out provision be included; and advised the 9% figure for fees is too rigid.

County Attorney Scott Knox advised this is the subject matter of the $18 million suit the County is involved in; and he assumes the discussion will be brought under the framework of settlement negotiations.

Discussion ensued on ways for people to opt out and lack of a contingency fund. Mr. Knox recommended the Board revise the title and wait until the workshop to tie everything together. Commissioner Voltz inquired about impact to the workshop. Discussion proceeded on the advertisement and workshop, how much money has been contributed to the Port St. John MSBU, litigation on the Police Home Foundation MSBU, and getting issues resolved beforehand. Commissioner O?Brien advised all issues will be discussed at the workshop. Commissioner Scarborough advised of problems with the Port St. John and Rambling Acres MSBUs. Commissioner Higgs advised the Board has dealt with the same sort of issues; and expressed concern that it will continue to be involved with people who have liens on their property. Commissioner Scarborough suggested a way to handle through a contingency fund.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to table consideration of revisions to Municipal Service Benefit Unit Ordinance until after the February 27, 1997 workshop. Motion carried and ordered unanimously.

SECOND AMENDMENT TO AGREEMENT WITH HARBOR CITY VOLUNTEER AMBULANCE SQUAD, INC., RE: EMERGENCY SERVICES

Assistant County Manager Joan Madden advised of Harbor City Volunteer Ambulance Squad?s requested amendments to the Agreement to delete the staffing in Section 5, and the second request is dispatching and payments.

Discussion ensued on where the increased match would come from; what the $13,000 would have been spent on, change in staffing to State standards, staffing of County?s engines, and the effect on the level of service.

Mike Abels, Executive Director of the Harbor City Volunteer Ambulance Squad, advised of the advantages of the volunteer aspect in providing a third person on an engine.

Discussion ensued on transition of service if the financing does not work out, County staff person serving on the Harbor City Volunteer Ambulance Squad Board, and financial status of Harbor City Volunteer Ambulance Squad.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to execute Second Amendment to Agreement with Harbor City Volunteer Ambulance Squad, Inc. deleting Section 5, and revising Sections 10 and 19; and acknowledge the commitment of Harbor City Volunteer Ambulance Squad to provide a written contingency plan to the Board within 90 days and have a County staff member serve as an ad hoc member of the Harbor City Volunteer Ambulance Squad Board. Motion carried and ordered unanimously.

RESOLUTION, RE: ESTABLISHING FEES AND CHARGES FOR HARBOR CITY VOLUNTEER AMBULANCE SQUAD, INC.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution establishing fees and charges for Harbor City Volunteer Ambulance Squad for emergency ambulance service, non-emergency inter-facility ambulance service and wheelchair service.

Commissioner Voltz inquired about Medicaid rate; with Alan Escoffery explaining Medicaid transport is handled by Coastal Ambulance Services.

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

APPOINTMENT OF COMMISSIONER, RE: INFORMATION SYSTEMS STEERING COMMITTEE

Chairman O?Brien inquired if the appointee could be a Commissioner or designee. Discussion ensued on the appointment.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to appoint Commissioner Scarborough or his designee to the Information Systems Steering Committee. Motion carried and ordered unanimously.

Discussion ensued on whether the designee should be a County employee, whether the County Manager should designate a representative, and benefit to having an appointee who is not a government employee. Commissioner Scarborough advised he will have a designee from the outside workforce.

AT-LARGE APPOINTMENTS, RE: CITIZEN BUDGET REVIEW COMMITTEE

The Board participated in a random drawing which determined Chairman O?Brien and Commissioner Scarborough will make at-large appointments to the Citizen Budget Review Committee.

PERSONAL APPEARANCE - FRANCES KAY GROOMS, RE: RETURN OF PARCELS IN PLAT OF KELLY PARK

Jack Kirschenbaum, representing Frances Kay Grooms, submitted documents; advised of the history of the parcels north of Kelly Park on the eastern shore of Merritt Island on the Banana River; described the area and the parcels; and advised of Ms. Grooms? request for return of the parcels. He advised of the Chief Deputy Property Appraiser?s opinion that the parcels were never properly dedicated or accepted and that the County does not have a need for the land, the Parks and Recreation Director?s opinion that the property should be sold, and Assistant County Attorney Eden Bentley?s legal opinion that there is an implied dedication, which outlines how the County can accept the parks. He refuted Mr. Johns? opinion that the intent was to give the parcels to the County and Ms. Bentley?s opinion that there has been an implied dedication; and pointed out fallacious elements of the Resolution adopted to accept the property. He requested the parcels be returned to the Estate of Mr. Kelly and his heirs; and outlined a method to accomplish the action.

Discussion ensued on why the Board adopted a Resolution to accept property it will not use as a park, County policy of retaining waterfront property, use of smaller parks as neighborhood parks, Beach and Riverfront Program, and preservation of property for future needs.

Commissioner Voltz inquired about the recent decision to use the property as a park. Parks and Recreation Director Charles Nelson explained the necessity to manage the property due to illegal dumping; and stated it was the decision of the County Attorney that it was the County?s property; with Chairman O?Brien advising it was also a Board decision.

Mr. Kirschenbaum submitted an aerial photograph of the property.

Discussion ensued on the location of the parcels, concern about development of riverfront property, other donations of property from the Kelly family, benefit of having the property back on the tax rolls, value of the property, and sale of the property. County Attorney Scott Knox advised of the status of properties not accepted by the County and the actions which would be necessary to return the property to the Kelly family; and warned of setting a precedent.

Discussion ensued on the status of Kelly Park, interest of the County in the other parcels, and value of the properties.

Motion by Commissioner Voltz, to direct staff to take whatever actions are necessary to return the property to the Kelly family. Motion died for lack of a second.

Discussion ensued on the correct procedure to return the property.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to direct the County Attorney to advertise a public hearing to consider vacation of the parcels in the Plat of Kelly Park which the heirs of Mr. Kelly are requesting be returned to the family. Motion carried and ordered; Commissioners Higgs and Cook voted nay.

Commissioner Scarborough requested a memorandum from the County Attorney on issues relating to the County?s interest in parcels which have not been accepted by the County.

BOARD DIRECTION, RE: CONTINUATION OR WITHDRAWAL OF MODIFICATION OF STORMWATER MANAGEMENT PERMIT FOR CENTRAL DISPOSAL FACILITY?S WETLAND MITIGATION SITE

County Manager Tom Jenkins advised of the dual purpose of the proposed project, obstacles encountered in pursuing the permit, and financial feasibility of the project. He advised of the ability to pump out water on an emergency basis.

Solid Waste Management Director Richard Rabon explained the problems with the permit modification and the pending administrative hearing; and requested direction.

Discussion ensued on need to address stormwater needs of Lamplighter Village, use of pumps in emergencies, purposes of the pump station at Lamplighter Village, master plan for the M-1 canal, reduction in flood elevations and duration of flooding, cost of pump station, alternative solutions to the problem, improvements identified in draft study, and cost/benefit of project. Surface Water Management Director Ron Jones advised of the implications of not constructing the pumps. Discussion proceeded on the elements of the master plan, the interrelation of the issues of the master plan for the M-1 Canal and the Lamplighter Village, and the time required to pump Lamplighter Village with mobile pumps.

Commissioner Cook expressed preference for applying the $250,000 to the $3 million for the entire plan.

Discussion ensued on the number of pumps in the County, where the water flows, cost of the mobile pumps, advantages of fixed system, costs associated with pursuing the permit, advantages of the mobile pumps, response time in storm events, cost of defending inverse condemnation action, benefit to the community, and ability to draw down waters in anticipation of storms.

Commissioner Scarborough inquired about deferring the discussion until January, 1997 when the Post, Buckley, Schuh & Jernigan study comes to the Board. Mr. Knox advised of the ability to apply to the hearing officer for an extension.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to table consideration of modification or withdrawal of the Stormwater Management Permit for the Central Disposal Facility?s wetlands mitigation site to January 7, 1997 to get more information. Motion carried and ordered unanimously.

The meeting recessed at 3:40 p.m. and reconvened at 3:57 p.m.

SETTLEMENT AGREEMENT BETWEEN U.S. FISH AND WILDLIFE SERVICE AND VALKARIA AIRPORT ADVISORY BOARD, RESOLUTION AMENDING JOINT PROJECT AGREEMENT WITH DEPARTMENT OF TRANSPORTATION, AND SUPPLEMENT TO JPA WITH DOT, RE: RESOLUTION OF VIOLATION OF ENDANGERED SPECIES ACT AT VALKARIA AIRPORT

Curtis Lorenc presented a video tape showing work done at Valkaria Airport during scrub jay nesting season, and requesting estimate of the work and submittal of the plan before final approval, confinement of the project to specific limits, deletion of the taxiways from the airport layout plan, protection of the scrub jay corridor, maintenance of the sound buffer, and evaluation by Risk Management before approval for the work.

Bob Varley, Janis Walters, Marcelle Kinney, Theo Adkins, and Curtis Lorenc spoke against the settlement agreement and mitigation plan, and in support of the video tape.

Linn Walters spoke in favor of the settlement agreement and mitigation plan.

County Manager Tom Jenkins summarized Valkaria Airport Manager Ron Henderson?s report concerning the 1993 incident and the actions taken.

Assistant Road and Bridge Director Mary O?Neal advised the main buffer areas of tall pines along the Golf Course can remain. Commissioner Higgs inquired about including the buffer in the U.S. Fish and Wildlife document; with Assistant County Attorney Katherine Harasz advising the final plan with the work areas defined has been approved by U.S. Fish and Wildlife; and the trees the residents are concerned about are outside the defined work areas.

Discussion ensued on preserving the sound buffer, updating the master plan, formalizing the new concept which was approved by the Board, use of infield money to provide clear area, risk management issues, delineation of work areas, and lack of FAA money for taxiway.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve the recommendation of the Valkaria Airport Advisory Board; authorize the Chairman to execute Settlement Agreement with U.S. Fish & Wildlife Service and Valkaria Airport Advisory Board regarding violation of Endangered Species Act, Notice of Violation dated April 18, 1994; adopt Resolution amending Project Agreement with FDOT; authorize the Chairman to execute supplement to Joint Project Agreement with FDOT; and direct staff to bring back a revised Valkaria Airport Plan including those things approved by the Board previously including preservation of the sound buffer and lack of a taxiway.

Discussion ensued on the cost of the plan, other options with U.S. Fish & Wildlife Service, assurance there will be no conflict between birds and planes, no requirement for subsequent action relating to the Comprehensive Plan, and inaccuracies in the Florida TODAY newspaper.

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

DISCUSSION, RE: REQUEST FROM OFFICIALS OF PARRISH MEDICAL CENTER TO AMEND CURRENT PROCESS FOR ELECTION OF BOARD OF DIRECTORS

Commissioner Scarborough advised of a letter from Senator Bronson concerning amendment of the process by which members of the Board of Directors of the Parrish Medical Center are selected; and requested direction from the Board.

Discussion ensued on who should respond to Senator Bronson, how appointments are made currently, outlining the pros and cons of the issue, and what generated the proposed change.

Chairman O?Brien advised the consensus is for Commissioner Scarborough to answer Senator Bronson?s letter as he sees fit. Commissioner Scarborough noted he will indicate that other Commissioners may also respond.

Becky Cronau, representing Parrish Medical Center, explained the history of the request for a legislative change in the appointment process; and clarified the intent.

Discussion ensued on the proposed change not coming from the District 1 Commissioner, change not removing authority from the Board, lack of negative comment from the community, lack of recourse if the District 1 Commissioner made a bad appointment, and previous appointments.

DISCUSSION, RE: HEALTH PLAN - GROUP CONTRACT BETWEEN BOARD AND AETNA

County Attorney Scott Knox advised of an addendum to the Contract with Aetna which resolves the difficulties.

Chairman O?Brien inquired if the two-year guarantee is in effect; with Mr. Knox responding affirmatively.

NEW POLICIES AND PROCEDURES, RE: MUNICIPAL SERVICE BENEFIT UNIT PROGRAM

Commissioner Higgs advised this issue will be part of the MSBU workshop.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct that new policies and procedures for the Municipal Service Benefit Unit Program be a part of the February 27, 1997 workshop. Motion carried and ordered unanimously.

REVISED RESOLUTIONS, SUBORDINATION AGREEMENT, AND QUITCLAIM DEED, RE: SR 513 (SOUTH PATRICK DRIVE) IMPROVEMENT PROJECT

Commissioner Cook requested language be included in the Agreement guaranteeing restoration of the sidewalks; with Land Acquisition Specialist Susan Wellen responding the plans include construction of sidewalks.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve and authorize the Chairman to execute revised Quitclaim Deed, Subordination Agreement, and Resolution for the purpose of quitclaiming the County?s interest in a bicycle pathway easement to the Florida Department of Transportation in conjunction with the S.R. 513 roadway improvement project, with the stipulation that sidewalks be provided on both sides of the road. Motion carried and ordered unanimously.

TERMINATE AGREEMENT WITH PAT MANSFIELD, GRANT PERMISSION TO ADVERTISE REQUEST FOR PROPOSAL, ESTABLISH SELECTION AND NEGOTIATING COMMITTEES, AUTHORIZE SELECTION AND NEGOTIATION, AND AUTHORIZE CHAIRMAN TO EXECUTE AGREEMENT WITH SUCCESSFUL VENDOR AND TEMPORARY AGREEMENT WITH WILLIAM LESTER, SR., RE: LONG POINT PARK CONCESSION

Commissioner Higgs advised of the availability of businesses in the area that provide the services.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to direct staff not to go forward with providing concession services at Long Point Park.

Commissioner Voltz emphasized the importance of having concession services onsite; with Chairman O?Brien agreeing.

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

APPROVAL OF MERIT INCREASES, RE: SHERIFF?S OFFICE CIVILIAN NON-SWORN PERSONNEL

Commissioner Higgs expressed concern that the requested increases are not consistent with the Board?s increases; with Commissioner Cook suggesting alternative 2.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve option 2, providing for a $.30 per hour salary increase for Sheriff?s Office civilian non-sworn personnel.

Discussion ensued on differences in evaluation methods, impact on union negotiations, impact on other constitutional officers, inability to change the Sheriff?s system, impact to the budget, performance evaluations, exercising the power of the purse, and standardizing evaluation systems. Commissioner Higgs requested the County Manager generate alternatives. Commissioner Cook requested the County Manager communicate the Board?s concern about the Sheriff?s evaluation system. Commissioner Voltz recommended encouraging the new Sheriff to look at performance-based evaluations.

Commissioner Cook withdrew the motion.

Motion by Commissioner Cook, to defer action on merit increases for the Sheriff?s Office civilian, non-sworn personnel to allow an opportunity to look at other funding options; and direct the County Manager to communicate to the Sheriff the Board?s concern about the pass-fail evaluation policy.

Chairman O?Brien suggested all Constitutional Officers be asked to standardize evaluation policies.

Commissioner Cook advised of the inability to compel the constitutional officers to take action. Commissioner Scarborough requested the motion include communicating the desire for uniform evaluation policies to the constitutional officers as well.

Commissioner Cook stated the motion will include communication to the constitutional officers as well as the Sheriff. Commissioner Scarborough seconded the motion.

Commissioner Higgs emphasized the Board?s desire to be fair to the Sheriff?s employees. Commissioner Scarborough advised they should be treated like all other employees.

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

Dee Hilliard, representing Seltronics/Eyretel, advised of a formal protest; and expressed concerns about Dictaphone not meeting the specifications. She explained the requirements for an expandable system; advised of the consequences of going beyond 32 channels; and emphasized the need to meet specifications.

E-911 Communications Systems Manager Steve Latza advised it is a matter of interpretation, and Dictaphone meets the specifications.

Discussion ensued on the specifications, the intent of the specifications, maintenance and repair costs, ability of other companies to provide comparable equipment, and how long the equipment will meet the needs of the County.

Commissioner Higgs requested a synopsis from staff of the specifications and how the decision was made. Commissioner Voltz requested the prices be included.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to reconsider previous motion to award the top ranked proposal received from Dictaphone Corporation at $271,052.56 for eleven Digital Logging Recorders; approve the purchasing of timing devices from Spectracom Corporation in the amount of $25,865; approve a Budget Change Request for capital improvements to the E-911 System; and extend the existing Maintenance Agreement with Dictaphone Corporation through September 30, 1997.

Discussion ensued on vendor protests, preserving right to correct error, and expiration of the bids.

Chairman O?Brien called on the vote to reconsider. Motion carried and ordered; Commissioner Higgs voted nay.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to table consideration of award of Proposal #P-3-6-28, approval to purchase additional equipment for the E-911 system, Budget Change Request for E-911 capital improvements, and extension of Maintenance Agreement with Dictaphone to January 7, 1997. Motion carried and ordered; Commissioner Higgs voted nay.

PUBLIC COMMENT

Sarah Jane Ayres inquired about the Board?s power to forgive a person?s taxes. County Manager Tom Jenkins advised Ms. Ayres was seeking a waiver of property taxes due to financial hardship; and he is not aware of a mechanism that allows that.

County Attorney Scott Knox advised the only time the Board can waive taxes is when it acquires property which has outstanding taxes.

Ms. Ayres advised of another case twenty years ago where taxes were waived. Mr. Knox explained why the Board has no control over the collection of taxes.

Commissioner Cook requested Mr. Knox respond to Ms. Ayres by letter. Chairman O?Brien suggested Ms. Ayres make an appointment with the County Attorney to discuss her concerns. Ms. Ayres advised of her necessity to have an answer by January. Commissioner Scarborough suggested Ms. Ayres meet with Assistant County Manager Joan Madden to determine if there is any assistance available. Ms. Madden advised she will sit in with the County Attorney to address the problem.

RECOGNITION

County Manager Tom Jenkins advised this is Facilities Construction Director Joseph Vislay?s last week with the County. The Board recognized his service to the County.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 3:58 p.m.

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

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