The Board of County Commissioners of Brevard County, Florida, met in regular session on March 21, 1995, at 9:00 a.m. in the Government Center Board Room, Building C, 2725 St. Johns Street, Melbourne, Florida. Present were: Chairman Higgs, Commissioners O'Brien, Cook, and Ellis, County Manager Tom Jenkins, and County Attorney Scott Knox. Absent was: Commissioner Scarborough.

A moment of silence was observed in remembrance of Nancy Steuben.

The Invocation was given by Reverend John Doctor, Trinity Lutheran Church, Rockledge.

Chairman Higgs led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Cook, seconded by Commissioner Ellis, to approve minutes of the January 10, 1995 Regular Meeting, as submitted. Motion carried and ordered unanimously.

REPORT, RE: SCHEDULE OF PUBLIC HEARINGS

County Manager Tom Jenkins advised the public hearing to consider the bingo ordinance will be on April 11, 1995; and the public hearing to consider the Nudity LDR will be in May, 1995.

REPORT, RE: SCHEDULE OF EXECUTIVE SESSION

County Attorney Scott Knox advised of a meeting with the Surety Company and others relating to the Miorelli matter; and there was a request for the Board to hold an executive session to consider some of the things discussed at the meeting. He noted his secretary is checking with the District Offices on possible dates.

Chairman Higgs inquired how much notice is required; with Mr. Knox responding five days. County Manager Tom Jenkins advised there are conflicts for next week. Mr. Knox advised of the preference to get this done before April 4, 1995. Chairman Higgs requested Mr. Knox check with each District Office and schedule at the earliest possible date with a full Board in attendance.

ANNOUNCEMENT

Chairman Higgs advised Commissioner Scarborough is ill and will not be here.

DISCUSSION, RE: SESQUICENTENNIAL COMMITTEE APPOINTMENT

Chairman Higgs advised Commissioner O'Brien was asked to appoint someone from Palm Shores to the Sesquicentennial Committee; but Palm Shores has declined; and requested Commissioner O'Brien select another community. Commissioner O'Brien selected Cocoa Beach.

DISCUSSION, RE: MOVING AGENDA ITEMS

Chairman Higgs stated the Board policies on personal appearances are reflected in the Agenda today. She advised someone requested an item be moved up because it dealt with treason, which the Board is legally bound to deal with in all haste; but she advised the gentleman the Board will deal with the item as scheduled.

Commissioner O'Brien requested items III.A.3 and III.C.15 be removed for discussion.

Chairman Higgs advised there are cards on III.B.16; and the Board will deal with it at the end of the Agenda.

County Manager Tom Jenkins advised the Board received a letter from Cocoa Beach on III.B.19 indicating the City will not be participating in the lifeguard program; and recommended deleting the City from the Item. Chairman Higgs inquired if there would be a problem if the Board does not act on the item today; with Assistant County Manager for Community Services Joan Madden recommending approval of the other contracts so lifeguards will be on the beach for Spring Break. Chairman Higgs stated Item III.B.19 will be discussed at the end of the Agenda.

RESOLUTION, RE: NAMING GOPHER TORTOISE TRAIL AND PERSIMMON LANE

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to adopt Resolution naming Gopher Tortoise Trail and Persimmon Lane in Township 23 South, Range 36 East, Section 30. Motion carried and ordered unanimously.

RESOLUTION, RE: NAMING PARADISE POINT DRIVE

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to adopt Resolution naming Paradise Point Drive, in Township 30 South, Range 39 East, Section 07. Motion carried and ordered unanimously.

RESOLUTION SETTING PUBLIC HEARING, RE: VACATING PUBLIC UTILITIES AND DRAINAGE EASEMENT IN SUNTREE PUD, STAGE 5, TRACT 55 - GARY L. AND LINDA J. GENTRY

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to adopt Resolution setting public hearing for April 18, 1995 to consider vacating public utilities and drainage easement in Suntree PUD, Stage 5, Tract 55 as petitioned by Gary L. and Linda J. Gentry. Motion carried and ordered unanimously.

RESOLUTION, RE: AMENDING RESOLUTION NO. 93-206, S.R. 520 SEWER MSBU PROJECT

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to adopt Resolution amending Resolution No. 93-206, specifically amending the cost of the project and amending Appendix "A", which defines the properties within the MSBU. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE AND ADDENDUM WITH FRANK G. BROCKERMAN, AS TRUSTEE, RE: DAIRY ROAD SOUTH WIDENING PROJECT

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to execute Contract for Sale and Purchase with Frank G. Brockerman for a drainage easement located in Section 20, Township 28 South, Range 37 East. Motion carried and ordered unanimously.

CHANGE ORDER NO. 6 TO AGREEMENT WITH SCHOPKE CONSTRUCTION & ENGINEERING, INC. AND FINAL PAYMENT, RE: WICKHAM ROAD UTILITY RELOCATION PROJECT

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to approve Change Order No. 6 to Agreement with Schopke Construction for the Wickham Road-Pineda Causeway to I-95 Utility Relocation Project, decreasing the amount by $12,173.95; and authorize final payment of $54,863.23 and acceptance of the improvements as completed. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING CHARLES E. HOWE

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to adopt Resolution commending Charles E. Howe for ten years of service to the County. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING PUBLIC WORKS DEPARTMENT TO APPLY FOR FDOT HIGHWAY BEAUTIFICATION GRANT FOR U.S. HIGHWAY 1 MEDIANS IN MIMS

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to adopt Resolution authorizing the Public Works Department to apply for FDOT Highway Beautification Grant to improve the U.S. 1 medians in the Mims area. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: WOODS AT IROQUOIS

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to grant final plat approval for the Woods at Iroquois, subject to minor changes, if necessary, and receipt of all documents required for recording. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: GEORGE T. EDWARDS ROAD

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to grant final engineering approval for George T. Edwards Road, subject to minor engineering changes as applicable. Motion carried and ordered unanimously.

RESOLUTION RELEASING CONTRACT WITH CENTEX CORPORATION, RE: SHERWOOD LAKES, PHASES I, II AND III

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to adopt Resolution releasing Contract with Centex Corporation dated November 2, 1993 for Sherwood Lakes, Phases I, II and III. Motion carried and ordered unanimously.

RESOLUTION RELEASING CONTRACT WITH PINEDA CROSSING CORPORATION, RE: PINEDA CROSSING, PHASE II

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to adopt Resolution releasing Contract with Pineda Crossing Corporation dated November 15, 1994 for Pineda Crossing, Phase II. Motion carried and ordered unanimously.

CONTRACT WITH THE SUNTREE PARTNERS, RE: IMPROVEMENTS IN SUNTREE NORTH PHASE III, MANDARIN LAKES UNIT ONE

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to execute Contract with The Suntree Partners for improvements in Suntree North Phase III, Mandarin Lakes Unit One. Motion carried and ordered unanimously.

CONTRACT WITH THE SUNTREE PARTNERS, RE: IMPROVEMENTS IN SUNTREE NORTH PHASE III, DEVONS GLEN UNIT ONE

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to execute Contract with The Suntree Partners for improvements in Suntree North Phase III, Devons Glen Unit One. Motion carried and ordered unanimously.

AMENDED AGREEMENT WITH G.L.S. HOMES, RE: ONSITE SEWAGE DISPOSAL SYSTEM FOR MODEL HOME AT 4150 FAY BOULEVARD IN PORT ST. JOHN

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to execute Amended Agreement with G.L.S. Homes for onsite sewage disposal system for model home at 4150 Fay Boulevard in Port St. John. Motion carried and ordered unanimously.

AGREEMENT WITH DEPARTMENT OF COMMUNITY AFFAIRS, BUDGET CHANGE REQUEST, AND AUTHORIZATION TO EXECUTE FOLLOW-UP AMENDMENTS, RE: LOW INCOME HOME ENERGY ASSISTANCE PROGRAM

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to execute Agreement with the Florida Department of Community Affairs for the 1995 Low Income Home Energy Assistance Program (LIHEAP) in the amount of $120,724; approve Budget Change Request amending the Health and Social Services Division budget; and authorize the Chairman to execute any necessary follow-up amendments or additions contingent upon Risk Management and County Attorney approval. Motion carried and ordered unanimously.

RESOLUTION, GRANT APPLICATION AND PERMISSION TO ADVERTISE PUBLIC HEARING AND EXECUTE FOLLOW-UP DOCUMENTS, RE: FY 1996 SCAT CAPITAL AND OPERATING ASSISTANCE GRANTS FROM U.S. DEPARTMENT OF TRANSPORTATION, FEDERAL TRANSIT ADMINISTRATION

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to adopt Resolution; approve grant application for FY 1996 (Urbanized Area Formula-Section 9) public transportation capital and operating assistance grant from the Federal Transit Administration in the amount of $2,723,904 for Space Coast Area Transit; authorize advertisement of a public hearing for the intent to file an application; and authorize the Chairman to execute the standard follow-up grant agreement contingent upon approval of the County Attorney and Risk Management. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 TO AGREEMENT WITH STARBASE DEVELOPMENT COMPANY, INC., RE: CYPRESS AVENUE PAVING AND DRAINAGE IMPROVEMENTS

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to approve Change Order No. 1 to Agreement with Starbase Development Company, Inc. for Cypress Avenue Paving and Drainage Improvement Project in East Mims, increasing the contract amount by $2,400 for a new total of $111,484.70. Motion carried and ordered unanimously.

APPROVAL OF AMENDMENT, RE: VOLUNTARY REPLACEMENT HOUSING POLICIES

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to approve Amendment to the Replacement Housing Policies to include payment of a deferred loan at 6.66% each year for a fifteen-year period, language to use the HOME Investment Partnership Program, State Housing Initiative Partnership Program and other available housing funds, and include loan documents the homeowner will sign. Motion carried and ordered unanimously.

AGREEMENT WITH EAST MERRITT ISLAND LITTLE LEAGUE, RE: USE OF AUDUBON ELEMENTARY SCHOOL

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to execute Agreement with the East Merritt Island Little League for provision of instructional and organized youth baseball at Audubon Elementary School for children from five to twelve years of age. Motion carried and ordered unanimously.

AGREEMENT WITH MERRITT ISLAND SENIOR LITTLE LEAGUE, RE: USE OF EDGEWOOD JUNIOR HIGH SCHOOL Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to execute Agreement with the Merritt Island Senior Little League for provision of instructional and organized youth baseball at Edgewood Junior High School for children ranging from thirteen to fifteen years of age. Motion carried and ordered unanimously.

WAIVER OF MUSIC AND ALCOHOLIC BEVERAGE REGULATIONS, RE: ARTS AND CRAFTS SHOW AT MANATEE HAMMOCK PARK

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to waive Brevard County Code of Laws and Ordinances, Article IV, Festivals, to allow musical entertainment, and Article V, Section 18-104(2) to allow for the sale/possession/donation of alcoholic beverages, for the Arts and Crafts Show at Manatee Hammock Park on July 1 and 2, 1995, subject to the group providing security and general liability insurance to include liquor liability, and acquisition of all state and local regulatory permits. Motion carried and ordered unanimously.

LICENSE AGREEMENT RENEWAL WITH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, RE: USE OF FLUTIE ATHLETIC COMPLEX FOR HYDROLOGICAL DATA COLLECTION

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to execute License Agreement renewal with the St. Johns River Water Management District for use of Flutie Athletic Complex to collect hydrological data through June 5, 1999. Motion carried and ordered unanimously.

RESCIND RESOLUTION AND ADOPT NEW RESOLUTION, RE: CHANGING PARKS AND RECREATION DEPARTMENT SOUTH SERVICE SECTOR ADVISORY BOARD TO PARKS AND RECREATION DEPARTMENT SOUTH AREA ADVISORY BOARD

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to rescind Resolution No. 92-304 and adopt Resolution changing the name of the Parks and Recreation Department South Service Sector Advisory Board to the Parks and Recreation Department South Area Advisory Board. Motion carried and ordered unanimously.

RESOLUTIONS REQUESTING FINANCIAL ASSISTANCE FROM F.I.N.D. AND FLORIDA BOATING IMPROVEMENT PROGRAM, RE: BOAT RAMP EXPANSION AND RENOVATION, PARKING, AND LANDSCAPING AT FIRST STREET BOAT RAMP

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to adopt Resolutions requesting financial assistance from Florida Inland Navigation District and Florida Boating Improvement Program of the Department of Environmental Protection for renovation and expansion of the boat ramp, construction of additional parking, and planting of landscape materials at the First Street Boat Ramp. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: EXTENDING GRANT FOR KENNEDY POINT PARK DEVELOPMENT

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to execute Amendment to Agreement with Department of Environmental Protection extending the grant construction period for the Land and Water Conservation Fund Grant for the development of Kennedy Point Park. Motion carried and ordered unanimously.

ACCEPTANCE OF EASEMENT FROM R.P.O. BEACH DEVELOPMENT, INC., RE: REDUCING BREEZEWAY REQUIREMENTS FOR SILVER PALM OCEANFRONT CONDOMINIUM PROJECT

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to accept an Easement from R.P.O. Beach Development, Inc. for a 15-foot access in exchange for reducing the breezeway requirements for Silver Palm Oceanfront Condominium Project, subject to receipt of acceptable title report and joinder of any mortgage holder. Motion carried and ordered unanimously.

BUDGET CHANGE REQUESTS, RE: TENTATIVE APPROVAL OF BUDGET SUPPLEMENTS AND AMENDMENTS FOR SPESSARD HOLLAND, HABITAT AT VALKARIA, AND SAVANNAHS GOLF COURSES

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to approve Budget Change Requests granting tentative approval of Budget Supplements and approval of Budget Amendments for Spessard Holland, Savannahs and Habitat at Valkaria Golf Courses to reflect the new rate structure. Motion carried and ordered unanimously.

WAIVER OF FIRE LINE REQUIREMENT, RE: BOARDWALKS AT HOO HOO PARK

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to waive the fire line requirements for boardwalks at Hoo Hoo Park. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE FOR PROPOSALS, ESTABLISH SELECTION COMMITTEE, AND AUTHORIZE NEGOTIATIONS, RE: MOBILE VENDING SERVICE FOR LORI WILSON PARK

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to grant permission to advertise for proposals for operation of a mobile vending service at Lori Wilson Park; establish a Selection Committee consisting of Jack Masson and Scott Wallace of the Parks and Recreation Department and Jo Malota of the Purchasing Department; and authorize negotiation with vendors. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, ESTABLISH SELECTION COMMITTEE, PERMISSION TO NEGOTIATE AND PERMISSION FOR CHAIRMAN TO EXECUTE CONTRACT, RE: ARCHITECTURAL AND ENGINEERING SERVICES FOR DESIGN AND SPECIFICATIONS FOR ROOFING SYSTEM AT KIWANIS ISLAND PARK COMMUNITY CENTER AND TRAVIS PARK COMMUNITY CENTER

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to grant permission to advertise for proposals for architectural and engineering services for design and specifications for a roofing system at Kiwanis Island Park Community Center and Travis Park Community Center; establish a Selection Committee consisting of Commissioner O'Brien, Assistant County Manager for Community Services Joan Madden, Parks and Recreation Director Charles Nelson, Central Parks Operations Director Jack Masson, and Parks Support Services Director Marsha Cantrell or their designees; appoint a Negotiating Committee consisting of Assistant County Attorney Shannon Wilson, Assistant County Manager for Community Services Joan Madden, and Parks and Recreation Director Charles Nelson to negotiate with the firms, in order, beginning with the top ranked firm; and authorize the Chairman to execute Agreement with the selected firm for the service. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA DIVISION OF EMERGENCY MANAGEMENT, AND DESIGNATION OF AUTHORIZED AGENT, RE: MUTUAL AID FOR CATASTROPHIC DISASTER RESPONSE AND RECOVERY Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to execute Agreement with Florida Division of Emergency Management for Statewide Mutual Aid, and designate Emergency Management Director Mark W. McMichael as the authorized agent to execute like agreements with municipalities located within the County. Motion carried and ordered unanimously.

AUTHORIZATION, RE: REMOUNTING OF TWO RESCUE UNITS BY AERO PRODUCTS OF SANFORD

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to authorize the Public Safety Department to have two rescue units remounted by Aero Products of Sanford. Motion carried and ordered unanimously. PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, RE: COMPUTER-AIDED DISPATCH SYSTEM

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to authorize advertisement of request for proposals for Computer-aided Dispatch System. Motion carried and ordered unanimously.

APPROVAL, RE: REVISIONS TO TOURIST DEVELOPMENT COUNCIL OPERATING PROCEDURES MANUAL Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to approve revisions to the Tourist Development Council Operating Procedures Manual. Motion carried and ordered unanimously.

PERMISSION TO SEEK PROPOSALS, RE: VISITOR INFORMATION CENTER OFF I-95

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to authorize the Tourist Development Council to seek proposals from landowners to build a visitor information center which would also house the TDC Administrative Offices at a location off I-95 at a major intersection. Motion carried and ordered unanimously.

RESOLUTION AND GRANT APPLICATION, RE: FDEP EROSION CONTROL ASSISTANCE PROGRAM FOR U.S. ARMY CORPS OF ENGINEERS FEASIBILITY STUDY

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to adopt Resolution authorizing application to the Florida Department of Environmental Protection's Erosion Control Program for 75% of the required matching funds for the U.S. Army Corps of Engineers Feasibility Study and designating the Natural Resources Management Director as the project liaison for the County; and authorized the Chairman to execute the FDEP Grant Application. Motion carried and ordered unanimously.

RESOLUTION AND GRANT APPLICATION, RE: FDEP EROSION CONTROL ASSISTANCE PROGRAM FOR BEACH ACCESS AND DUNE IMPROVEMENT

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to adopt Resolution authorizing application to the Florida Department of Environmental Protection's Erosion Control Assistance Program for funding of beach access and dune improvements and designating the Natural Resources Management Director as the project liaison for the County; authorize the Chairman to execute the FDEP Application; and authorize staff to apply for the 25% local matching funds for the state funding request through the Tourist Development Council Beach Fund or other sources, as available. Motion carried and ordered unanimously.

ACCEPTANCE OF LAND DONATION TO EEL PROGRAM, RE: VALKARIA SCRUB MITIGATION PROPERTIES

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to accept title for 31.04 acres in Valkaria as part of a mitigation agreement between The Cavalear Company and U.S. Fish and Wildlife Service. Motion carried and ordered unanimously.

OPTION AGREEMENT FOR SALE AND PURCHASE WITH COCONUT POINTE, INC., RE: PURCHASE OF LAND WITHIN ARCHIE CARR CARL PROJECT

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to execute Option Agreement for Sale and Purchase with Coconut Pointe, Inc. to secure property located in the Archie Carr Sea Turtle Refuge on behalf of Florida Division of State Lands, Department of Environmental Protection CARL Program. Motion carried and ordered unanimously.

RESOLUTION, RE: REQUESTING TO REDUCE COST AND EXPENSE OF STATE PERMITTING FOR COASTAL EROSION MITIGATION PROJECTS

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to adopt Resolution requesting a reduction in time, expense and duplication of procedure for State permits and approvals for beach erosion mitigation projects. Motion carried and ordered unanimously.

RESOLUTION, RE: OPPOSING REMOVAL OF FEDERAL FUNDING AND REDUCING LEVELS OF PARTICIPATION IN WATER RESOURCES PROJECTS NOT CONSIDERED NATIONALLY SIGNIFICANT

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to adopt Resolution opposing removal of federal funding and reducing levels of participation in Water Resources Projects not considered nationally significant. Motion carried and ordered unanimously.

AUTHORIZE FINAL PAYMENT TO RKT CONSTRUCTION, INC., RE: SOUTH-CENTRAL NEAR TERM REUSE SYSTEM, CONTRACT 1 - STORAGE TANKS

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to authorize final payment to RKT Construction, Inc. for the South Central Near Term Reuse System, Contract 1 - Storage Tanks, at $753,930.16. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE OFF CITY OF MELBOURNE'S COOPERATIVE BID, RE: CHLORINE CYLINDERS

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to grant permission to continue to purchase chlorine cylinders for the Water/Wastewater Division treatment plants off the cooperative bid by the City of Melbourne from Harcros Chemicals, Inc. Motion carried and ordered unanimously.

PERMISSION TO BID, AND ACCEPT LOW BID, RE: CHEVROLET TWO AND ONE-HALF TON DUMP TRUCK

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to grant permission to bid and accept low bid for a 2-? ton Chevrolet Dump Truck, flatbed, diesel, for Water/Wastewater Division. Motion carried and ordered unanimously.

TASK ORDER WITH STOTTLER STAGG & ASSOCIATES, RE: CONSULTING ENGINEERING SERVICES FOR PORT ST. JOHN SURFACE WATER MASTER PLAN

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to execute Task Order #53709-92-005-008 with Stottler Stagg & Associates to provide consulting engineering services for development of a Surface Water Master Plan for the Port St. John area. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE PROPERTY, RE: SURFACE WATER IMPROVEMENT PROJECT IN FISKE AREA, PHASE 4

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to grant permission to expend necessary funds to acquire a 20-acre stormwater treatment site for the Fiske Area Phase 4 Project. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 TO AGREEMENT WITH PRINCE CONTRACTING COMPANY, INC., RE: SARNO ROAD LANDFILL PROJECT

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to approve Change Order No. 1 to Agreement with Prince Contracting Company, Inc. for the Sarno Road Landfill Project, increasing the time of construction by two days. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: DERELICT VESSEL REMOVAL GRANT

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to execute Agreement with Florida Department of Environmental Protection for a derelict vessel grant; approve budget amendment; and grant permission to bid and award to low bidder removal services for the derelict vessels. Motion carried and ordered unanimously.

ACKNOWLEDGE RESOLUTION FROM JACKSON COUNTY, RE: PROPOSING AMENDMENT TO FLORIDA CONSTITUTION ON RIGHTS OF CITIZENS TO ASSEMBLE

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to acknowledge Resolution from Jackson County proposing amendment to Florida Constitution on rights of citizens to assemble. Motion carried and ordered unanimously.

ACKNOWLEDGE REPORT, RE: AUDIT OF SCHOOL BOARD FOR FISCAL YEAR ENDING JUNE 30, 1994

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to acknowledge receipt of Audit #12452 of Brevard County School Board for the fiscal year ending June 30, 1994. Motion carried and ordered unanimously.

CONTRACT AMENDMENT WITH TELCO RESEARCH, RE: TELEPHONE CALL ACCOUNTING SYSTEM AND ADVANCED INVENTORY MANAGEMENT SOFTWARE

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to authorize the Chairman to execute Contract Amendment with Telco Research for the TRU System, telephone accounting system and Advanced Inventory Management Software. Motion carried and ordered unanimously.

REJECT BIDS AND AUTHORIZE RE-BID, RE: BID #B-1-5-12, CONSTITUTION PARK STABILIZATION

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to reject all bids received for Bid #B-1-5-12, Constitution Park Stabilization; and authorize re-bid of project. Motion carried and ordered unanimously.

REJECT LOW BID AND AWARD SECOND LOW BID, RE: BID #B-1-5-44, REHABILITATION OF GRAVITY SEWER LINES

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to reject low bid of Griner's A-1 Pipeline Service, Inc., and award Bid #B-1-5-44, Rehabilitation of Gravity Sewer Lines, to second low bid of Madsen/Barr Corporation; and authorize the Chairman to execute the Contract for the project. Motion carried and ordered unanimously.

AWARD OF BID #B-4-5-56 AND AUTHORIZE ISSUANCE OF OPEN PURCHASE ORDERS, RE: GRASSING SERVICES

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to award Bid #B-4-5-56, Grassing Services, to Nail Farms and Cox's Tractor Service; and grant permission to issue open purchase orders to both vendors. Motion carried and ordered unanimously.

REJECT LOW QUOTE AND AWARD SECOND LOW QUOTE, RE: QUOTE #Q-1-5-65, CHEMICAL TREATMENT AND WATER ANALYSIS FOR AIR CONDITIONING SYSTEMS

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to reject low quote and award second low quote for Quote #Q-1-5-65, Chemical Treatment and Water Analysis for Air Conditioning Systems, to Nalco Chemical at $12,960 for an 18-month period. Motion carried and ordered unanimously.

AWARD OF QUOTE #Q-4-5-67, RE: PARK MAINTENANCE PEST CONTROL

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to award Quote #Q-4-5-67, Park Maintenance Pest Control, to Black's Spray Service for North, Central and Merritt Island/Beaches Sectors and to Spencer's Pest Control for the South Sector. Motion carried and ordered unanimously.

APPROVAL OF MEDIATION SETTLEMENT STIPULATION, RE: BREVARD COUNTY V. WARDLOW/ELLIS AND SOUTHERN COMFORT BUILDERS

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to execute Mediation Settlement Stipulation regarding Brevard County v. Wardlow/Ellis and Southern Comfort Builders for North Courtenay Parkway Project. Motion carried and ordered unanimously.

AGREEMENT WITH CRISIS SERVICES OF BREVARD, INC., RE: FUNDING FOR SAVS DISPATCH, INFORMATION AND REFERRAL CRISIS INTERVENTION SERVICES

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to execute Agreement with Crisis Services of Brevard, Inc. to provide $6,000 in funding for the SAVS Dispatch, Information and Referral Crisis Intervention Services for FY 1995. Motion carried and ordered unanimously.

AUTHORIZATION, RE: SPECIAL LAW ENFORCEMENT TRUST FUND EXPENDITURES

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to approve expenditures of $36,962.27 from the Special Law Enforcement Trust Fund for a 1995 Chevy Cargo Van, "Stop Sticks" and "Mini Sticks", and Computer System for the Special Investigations Division as requested by Sheriff Miller. Motion carried and ordered unanimously.

APPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to appoint Mike Brady, 6630 Arequipa Road, Cocoa, to the Metropolitan Planning Organization Citizens Advisory Committee; appoint Barbara Stasko, 709 Palm Springs Circle, Indian Harbour Beach, and Betty Mattingly, 201 Bermuda Street, Titusville, to the Sesquicentennial Coordinating Committee; reappoint Laura Ward, 5317 Riveredge Drive, Titusville, and Sue Baiocco, 4225 Fox Lake Road, Titusville, to the Affordable Housing Council; appoint Richard M. Gramling, 230 Forrest Avenue, Cocoa, to the Zoning Board of Adjustment; and appoint Sheila Tubbs, 610 Venetian Way, Merritt Island, and Ben Shoemaker, P. O. Box 321162, Cocoa Beach, to the Merritt Island/Beaches Service Sector Advisory Board. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to approve the Bills and Budget Transfers, as submitted. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - BOB SCRINZI, RE: COMMENDATION RESOLUTION

Chairman Higgs read aloud a resolution congratulating Bob Scrinzi on his retirement.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to adopt Resolution congratulating Bob Scrinzi on his retirement. Motion carried and ordered unanimously.

Chairman Higgs presented the Resolution to Mr. Scrinzi. Facilities Maintenance Superintendent John Godwin advised Mr. Scrinzi will be missed.

PERSONAL APPEARANCE - MADELYN BRACE, RE: COMMENDATION RESOLUTION

Commissioner Ellis read aloud a resolution commending Madelyn Brace for her efforts in fighting drugs and drug dealers at Tropical Manor Apartments on Merritt Island.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to adopt Resolution commending Madelyn Brace. Motion carried and ordered unanimously.

Madelyn Brace expressed appreciation to the Board; and stated without the help of her staff, the neighboring homeowners, the Sheriff's Department, and others, cleaning up Tropical Manor would not have been possible.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITIES AND DRAINAGE EASEMENTS IN GATEWAY, UNIT 3 - ALEXANDER H. BOBINSKI

Chairman Higgs called for the public hearing to consider a Resolution vacating public utilities and drainage easements in Gateway, Unit 3 as petitioned by Alexander H. Bobinski.

Engineering Director Susan Hann advised staff recommends approval.

There being no further comments or objections, motion was made by Commissioner Ellis, seconded by Commissioner O'Brien, to adopt Resolution vacating public utilities and drainage easements in Gateway, Unit 3 as petitioned by Alexander H. Bobinski. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN BAREFOOT BAY, UNIT 1 - GEORGIA METCALF

Chairman Higgs called for the public hearing to consider a Resolution vacating public utility easements in Barefoot Bay, Unit 1 as petitioned by Georgia Metcalf.

Engineering Director Susan Hann advised staff recommends approval.

There being no further comments or objections, motion was made by Commissioner O'Brien, seconded by Commissioner Ellis, to adopt Resolution vacating public utility easements in Barefoot Bay, Unit 1 as petitioned by Georgia Metcalf. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING NOISE ORDINANCE NO. 93-09

Chairman Higgs called for the public hearing to consider an Ordinance amending Noise Ordinance No. 93-09.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to adopt Ordinance amending the Noise Ordinance No. 93-09, to include tropical birds under the definition of "farm animals" for the purpose of the Noise Ordinance.

Roy Johnston, 4605 Seville Avenue, Cocoa, stated all that is being requested is exclusion in the agriculturally zoned areas; and no one is proposing to breed birds in residential areas where it will cause a disturbance.

Commissioner O'Brien advised of phone calls he received against the change in the Ordinance; and suggested a distance be specified for the birds to be caged or bred. He advised of the problems with agricultural properties which abut residential properties.

Commissioner Cook suggested a 100-foot setback for AU property that abuts residential property. Chairman Higgs inquired if that provision could be included in the Ordinance. County Attorney Scott Knox advised the Ordinance deals with the exemption, and adding the setback would require readvertisement. Commissioner Ellis stated he thought the Board could make it more restrictive but not less restrictive; with Chairman Higgs responding it can be less restrictive, but not more. Chairman Higgs inquired if an additional setback would be proper in this Ordinance. Commissioner Ellis stated what the Board is dealing with is an exemption to the Noise Ordinance; and what is being said is for a tropical bird to be exempted from the Noise Ordinance, it has to be on AU property and be setback 100 feet from any residentially-zoned property. Mr. Knox stated it can be done that way within the framework of this Ordinance.

Commissioner O'Brien inquired why was the Noise Ordinance created; with Chairman Higgs providing the history.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to amend the motion to add the language "provided that tropical birds shall be exempt only in AU districts where there is a minimum setback of 100 feet from abutting residentially zoned property." Motion carried and ordered unanimously.

Chairman Higgs called for a vote on the motion to adopt the Ordinance as amended. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: LABOR AGREEMENT WITH INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 2969

Chairman Higgs called for the public hearing to consider a Labor Agreement with the International Association of Fire Fighters (IAFF), Local 2969.

Public Safety Director Don Boykin provided a history of the negotiations; and outlined the six outstanding articles. He explained the shift exchanging benefit; and noted employees are utilizing shift trading rather in place of using annual leave which allows them days off while still building annual leave benefits for pay in lieu of use. He stated the payout for 1992 was $44,000; for 1993, it was $63,000; and explained the problems involved in the shift trades. He stated the Department proposes language which still allows unrestricted shift trades for continued education training or union activity, but allows the Department to manage personal shift trades. He explained the unresolved issue with Article 40, Overtime; and stated the County initially proposed an article which stated employees could not work for another agency in a similar job classification as their present position with the Department. He noted the Union found the language to be agreeable; however the Union requested "or volunteer" be added. He stated it is in the best interest of the County to prevent Public Safety employees from working for another agency; and explained the rationale. He advised the Department wishes to remain with its original language which allows employees to volunteer with an outside agency. He addressed the issue of Shift Captains in terms of overtime status; and advised of a Department of Labor opinion and Human Resources Department audit which provide that Shift Captains are properly classified as overtime exempt employees. He explained the difference in opinion between the County and the Union relating to substance abuse testing. He noted Article 43 deals with annual leave; and expressed concern that employees are not taking advantage of their annual leave benefits and are not getting the necessary down time away from their jobs. He noted employees are banking their leave for an end of the year pay in lieu of use bonus payout on annual leave; but this benefit is not possible, nor is it budgeted for. He advised of the Union position. He stated Article 50 deals with wages; and advised of the Union position. He advised of pay surveys; and noted the Union fails to take into consideration the benefit package the County offers. He advised of proposals made to the federal mediator; and noted for five years, the Public Safety employees have received greater pay increases than other County employees. He explained the fair and fiscally sound pay package which has been put together for the employees, which provides for merit and across the board increases. He advised of increases for Shift Captains. He recommended the bargaining unit receive the same increases as non-bargaining unit employees. He addressed Article 51, Physical Fitness; and advised of the Union position. He explained the Department's position relating to the Employee Physical Fitness Program. He addressed the issue of discrimination with relation to fitness testing. He stated the program is relative and legal; the Union should be held to earlier negotiations; and the Combat Challenge should go forth.

Karl Thompson, representing the Union, described the negotiations thus far; and advised the mediator helped to hammer out a lot of areas, with only a few areas remaining. He advised of the increased complexities in Fire Rescue over the past ten years; and outlined the changes. He described the increasing job hazards. He compared the County's pay scale with surrounding areas and municipalities; and advised of the need to remain competitive. He noted Article 50, Wages, is the only one the Union brought to the table; and described the Union proposal. He advised there is no provision for experience, with little to no difference between starting wage and that of people who have been on the job for five years; and the Union proposal establishes a vehicle to provide raises at certain intervals. He stated the Union proposes rewards for special skills and training, and opposes a merit plan. He explained the problems with the merit plan. He advised of gross inequities in incentives; and recommended a promotion be treated like an incentive. He addressed the issue of annual leave as it relates to overtime; and advised the Union proposal corrects the problem, and fire fighters will begin to utilize their annual leave instead of the shift trades. He stated the Union opposes any restriction on second jobs or caps on shift trades. He stated the Union is in favor of a wellness program, but not the Combat Challenge Test. He noted the Union is not opposing the second part to look at aerobic capacity and strengthening; but the people should get in shape before the test. He detailed the Union position regarding fitness training. He stated Shift Captains are hourly employees; and cited federal case law. He questioned the need for another layer of management; and advised of the need for a retroactive pay raise for the Shift Captains. He expressed concern about the alcohol restrictions in the drug testing policy; and advised the Union is willing to work with the County on the policy. He stated the money is there; and advised of recent purchases by the Public Safety Department. He suggested reviewing pay and classifications for all employees. He noted Orange County is going to begin hiring fire fighters; and warned the County will experience losses.

Commissioner O'Brien inquired about the positions on shift exchanges. Chief Boykin advised the purpose of shift exchange was for educational purposes. Commissioner O'Brien inquired what it is really used for; with Chief Boykin responding it is unlimited. Chief Boykin advised the Department does not pay overtime for a shift exchange. Mr. Thompson stated the Union's position relates to unusual overtime; and if an employee is sick, overtime occurs. Commissioner O'Brien read the position on shift exchanges and overtime; and advised the overtime policy allows the supervisor to authorize overtime if it is needed. Mr. Thompson advised the Union is not looking for overtime on shift trades; and the language was to address unusual circumstances.

Commissioner Ellis explained why he supports the ability to have shift exchanges; and stated the big issues are flexibility and pay. He noted the County is unable to pay more than what the other County employees got; and if that is the case, the flexibility on the job needs to continue.

Commissioner O'Brien advised he is not fighting the shift exchange, but has a problem with the language. Commissioner Ellis stated the concerns he read about were about the accrued leave time being sold at the end of the year. Discussion ensued on the issue of shift trades. Mr. Jenkins advised the real issue is the excessive accumulation of vacation time at the end of the year. Commissioner Ellis suggested this be addressed when the Board gets to it, and not tie shift trades to it. Discussion ensued on ways to handle the situation. Commissioner Ellis advised of his experience with shift work. Commissioner O'Brien noted the County is not trying to get rid of shift exchanges. Commissioner Cook noted there is a cost associated with it. Chairman Higgs stated limited shift changes are allowed; it is reasonable; and she would support the Public Safety Department proposal. Mr. Jenkins noted the restriction only applies if you have 280 hours of accrued leave.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to accept the County position on Article 5. Motion carried and ordered. Commissioners O'Brien, Higgs, and Cook voted aye; Commissioner Ellis voted nay.

Chairman Higgs noted there is a time certain item which the Board will need to address; and it will return to this item.

DIRECTION, RE: SPACE ANALYSIS

Judge Jere Lober stated he is present to answer questions or address concerns about the space reallocation of judicial and court resources. Chairman Higgs inquired if Judge Lober has a copy of the proposed facility allocations; with Judge Lober responding he agrees with putting all court related energies at Viera and using the non-court related facilities in the Titusville facility; but if there are changes to the plans which are already approved, he needs to be aware of them.

Chairman Higgs stated the issue of the Public Defender building is one that is a change.

Judge Lober advised he was referring to inside the main facility. Chairman Higgs stated she has seen no plan to change the courthouse. Judge Lober expressed concern with retaining the theme of keeping all court functions in this area and non-court functions in Titusville.

Commissioner Ellis noted he discussed the possibility of having Court Administration in the Government Center and using the Court Administration area in the Courthouse for another judge's quarters. Judge Lober advised it will not do any good to have another judicial suite without another courtroom; Court Administration should be with the people they are responsible for managing; and recommended keeping the design of the Courthouse as is.

Commissioner O'Brien stated until the Board receives the Growth in Government Committee findings, the Board should not move this item.

Motion by Commissioner O'Brien, to table consideration of space needs allocation to the second meeting in May, 1995.

Chairman Higgs inquired when the report is expected; with Commissioner O'Brien responding by May, 1995.

Motion died for lack of a second.

Commissioner Cook inquired if there is a problem with delaying this item; with Mr. Jenkins responding no, and moves can wait until May, 1995. Commissioner Cook suggested the Board could approve the recommendations on page 13, and address the rest at a later date.

Commissioner Ellis expressed desire to start the move to Titusville and Merritt Island to get people out of rental space.

Commissioner O'Brien expressed concern about the cost of the moves. Management Services Director Michael Managan advised the $1.7 million includes things that will have to be done anyway; the actual move cost is approximately one-third of $1.7 million; and when balanced with cost avoidance, the cost can be amortized in three years. Mr. Jenkins advised the current plan calls for locating the Public Defender and the State Attorney next to the Courthouse; those costs which have already been scheduled; the State Attorney is still coming to Building B as planned; but the Public Defender, rather than moving to the new Courthouse, will be moving into the Government Center. Commissioner Ellis advised space at the Government Complex-North needs to be finished for someone. Mr. Jenkins advised minimal finish is anticipated with an open office concept.

Commissioner O'Brien stated his concern is the Board did not want to spend $1 million for expansion of the Government Complex-North or $1 million for the Justice Center; but yet, the Board is going to spend $1.7 million this way instead. Mr. Jenkins stated what is being avoided is spending the $1 million to add the 10,000 square feet in Titusville; and there were always costs programmed to do the interior finishing of the second, third and fourth floor. He stated by eliminating the construction of the Public Defender's building, expenditures will be reduced by over $1 million; however, due to inflation, the remaining part of the Justice Center is going to absorb that savings. Commissioner O'Brien expressed concern about the empty space in the Government Complex-North and the money spent to remove the asbestos. Commissioner Cook noted it is good to have some expansion space.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to authorize proceeding with the following moves: (1) HRS Administration to the Merritt Island Service Complex, (2) Utility Finance and One-stop Permitting to the Brevard County Government Complex-North, (3) Management Services to the Brevard County Government Complex-North to allow expansion of Budget into area currently occupied by Purchasing, (4) State Attorney expansion to Brevard County Government Complex-North, and (5) GIS to the Brevard County Government Complex-North. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to table consideration of other moves to the second meeting in May, 1995. Motion carried and ordered unanimously.

Commissioner Cook stated the County is saying the Shift Captains are overtime exempt but are on an hourly basis. Mr. Abbate advised they are on a salary, not hourly.

Chairman Higgs stated in Article 40, the County deals with employees not working for any other agency; and outlined the two positions. She stated the other part of Article 40 is the Shift Captain issue.

Commissioner O'Brien inquired why an employee who voluntarily withdraws his name from the overtime list must remain off the list for a minimum of six months; with Commissioner Cook noting there is no dispute on that point. Mr. Abbate advised that is not at issue; both sides have agreed to that point; and the only items at issue are outside employment, the Shift Captains, and built in overtime not being reduced by use of accrued annual leave.

Chairman Higgs inquired if other employees of the County are allowed to work in other places; with Mr. Abbate responding each appointing authority has the discretion to determine whether or not to approve outside employment; and the two standards are that it does not violate ethics nor cause a hardship to the organization. Chairman Higgs stated Fire Rescue employees should be treated as all other employees. Discussion ensued on whether the rule should apply to full-time or part-time employment. Chief Boykin noted part time employment could mean a 24-hour shift for another agency; and expressed concern for the safety of the personnel and the burnout associated with too many work hours. Chairman Higgs stated that would be evident in job performance which would be part of the employee's evaluation. Mr. Jenkins stated it would go beyond the employee safety to public safety. EMS Chief William Farmer stated there is ability to know how the employee is performing. Commissioner Cook inquired how it would be addressed if an employee was fatigued; with Chief Farmer responding if an employee is unable to carry out his duties for any reason, his superior would find out why, and take appropriate action. Chairman Higgs inquired if the County has the ability to relieve an employee of duties under those circumstances; with Mr. Thompson responding there is language in the contract which prohibits the employee from working greater than 48 hours at a time; there are a number of safeguards already in place; and this has not been a problem in the past. Commissioner O'Brien stated that could become an arbitrary decision and could be used punitively. Commissioner Cook stated if someone is determined to not be fit, it could endanger the lives of the public. Chairman Higgs stated the supervisory personnel would use the ability responsibly, and the employees would also recognize their responsibility. Commissioner Ellis stated he does not want to limit the type of job; and if there is a problem, it should be addressed in the station. He stated if it is a problem, the Board may consider moving Battalion Chiefs back into the districts to be with the stations. Chairman Higgs suggested language such that part time employment would be allowed as long as it does not violate the State Ethics Standards or cause a hardship on the Department.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to approve language for #9 such that part time employment would be allowed as long as it does not violate the State Ethics Standards or cause a hardship on the Department. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to approve the County recommendation that Fire Rescue Shift Captains are not eligible for overtime pay at the rate of time and a half. Motion carried and ordered unanimously.

Commissioner Ellis inquired about point 10 on page 52 concerning built-in overtime. Mr. Abbate advised that is not at issue as the parties have agreed.

Chairman Higgs stated on Article 42, staff is suggesting the County policy; and inquired what is at odds. Mr. Thompson advised of the Union position. Commissioner Ellis stated he sees no problem with having the drug and alcohol abuse testing on the job for those driving County vehicles.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to adopt Article 42, as proposed by the Public Safety Department. Motion carried and ordered unanimously.

Chairman Higgs inquired what is the difference between what Public Safety has proposed versus what is provided for all County employees. Mr. Abbate outlined the leave policy for County employees; and advised pay in lieu of leave only occurs for two to three employees a year. He stated the proposal is for a cap of 336 hours; and employees who voluntarily do not use their annual leave at the end of the year and are not paid out can carry that leave over, which is not the case for other employees. Mr. Thompson advised IAFF employees work more hours in a month which is why there are higher leave rates.

Chairman Higgs stated the proposal is 336 hours versus 240 for other employees.

Motion by Commissioner Cook, seconded for discussion by Commissioner Higgs, to approve Article 43 as recommended by the Public Safety Department.

Commissioner Ellis expressed concern about the clause which provides for excess annual leave to be converted to sick leave in the event the County prevents the employee from utilizing annual leave; and stated in that case, it should be a payout situation. Chairman Higgs requested a description of a situation where the County would prevent an employee from using annual leave; with Mr. Thompson explaining how leave could be restricted. Chairman Higgs inquired about long term; with Mr. Thompson advising many employees save their leave for Christmas, and some have to be denied. Mr. Jenkins stated historically that is one of the main reasons he would authorize payout; if an employee cannot take annual leave because the County does not allow them to take it, that is one of the primary justifications for paying for the leave; and he would not object to that. Mr. Abbate advised the last sentence on page 61 which is C-11 is misworded; and the intent is not when the County prevents the employee from taking leave. He stated if the employee does not utilize annual leave, in the past the employee was allowed to carry excess leave over; but the rest of the County is not allowed to carry over excess leave; so, the proposal is to convert it to sick leave.

Commissioner Cook inquired if the sick leave conversion would be automatic; with Mr. Abbate responding it would be automatic, but it is not a benefit provided to the rest of the County. Mr. Abbate noted currently they are able to carry it over to annual leave, and the change is to convert it to sick leave. Commissioner Cook expressed desire to include that as part of the County's proposal.

Chairman Higgs stated the change would be that if an employee is prevented by the County from using their annual leave, they would be eligible for payout; but if the accumulation of leave is of the employee's choosing, the excess would be converted to sick leave. Mr. Thompson and Chief Boykin indicated the language is acceptable.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to approve Article 43 with the amended language. Motion carried and ordered unanimously.

Chairman Higgs stated she has read both sides of the issue on wages; and she supports the Public Safety Department position which is that increases provided to the Fire Rescue employees should be the same as those to other employees.

Commissioner Cook concurred; but advised he does not think merit increases are effective or desirable; and suggested they be addressed during the budget hearings.

Commissioner Ellis supported the recommendation for the cost of living raise; but advised there are other areas that need to be addressed. He suggested a break point on a step plan at two, five, and ten years because it is not right that a five-year employee and a new hire are the same; and stated he does not support bringing up the floor wage because that is not where the problem is. He suggested a bonus for educational incentives. Commissioner O'Brien agreed with the proposal.

Chairman Higgs suggested the bonus for educational incentives should be a part of the benefit package for all employees. She stated the Board will be able to address this as part of the wage discussions in the budget. Commissioner Ellis inquired if it could be retroactively applied to the IAFF Contract; with Chairman Higgs responding the Board could agree that any proposal that applied to non-bargaining unit employees would apply to bargaining unit employees. Emergency Management Director Mark McMichaels advised of incentives for job-related courses, etc. already included in the Contract. Mr. Thompson agreed there are incentives, but the Union is trying to broaden the incentives. Commissioner Ellis stated he does not want to raise the entry level, and would prefer to have that money put into a step system to retain the more experienced people. Discussion ensued on the step system. Mr. Abbate advised the across the board increase would provide a raise for all classifications including entry level. Mr. Jenkins stated what Commissioner Ellis is proposing is to manually calculate the savings that would be achieved by not increasing the entry level and on a pro-rata basis applying that money to the two, five and ten-year employees. Mr. Thompson recommended moving forward with the 3% COLA today; and direct that negotiations be opened to develop the step plan, with a definite time for it to come back to the Board. Commissioner Cook concurred.

Chairman Higgs stated the Board will accept the County's position, including the language that any incentives for education for other employees would be applied to bargaining unit employees, and that the Union and the County would be directed to negotiate a step plan and bring it back to the Board within four months. Mr. Abbate inquired if the 1% and 2% merit increases would be withheld and used for step increase plan; with Chairman Higgs responding no. Commissioner Cook advised the money that would have gone to the entry level positions would be used for the step plan. Mr. Abbate inquired if the only money being discussed is the money for the Fire Fighter/EMT entry level positions; with Commissioner Cook responding affirmatively. Chairman Higgs noted this would apply only to new hire positions. Mr. Abbate explained who would be affected. Commissioner Ellis stated the idea is start the principle of the step plan.

The Board unanimously approved Article 50 as recommended by staff and as amended to provide that any educational benefit applied to non-bargaining unit employees would be applied to bargaining unit employees, and with negotiations to be opened for a step plan to be brought back to the Board for consideration.

Commissioner Ellis stated he reviewed Article 51; and recommended the second part, which is the general fitness testing, be accomplished before beginning the first part, which is the Combat Challenge.

Chairman Higgs stated there would be a voluntary Combat Challenge in July, 1995; then the target fitness through October, 1995; and a mandatory challenge would not be until January, 1996. Commissioner Cook stated that allows an opportunity to get ready for the test; and this is a position where a certain amount of physical fitness is required. Commissioner Ellis expressed concern about people going through the Combat Challenge if they have not successfully completed the fitness assessment. Chairman Higgs stated it will be voluntary in July, 1995; and they can do target physical fitness assessment in October, 1995. Commissioner Ellis inquired what about people who do not do well in October, 1995. Mr. Abbate advised the mandatory consequences do not start until January, 1997, so they have a long period of time before there are any consequences. Commissioner Ellis stated it is mandatory in 1996 even though there are no consequences; and people should get through the physical assessment first before they go through the Combat Challenge and risk having people get hurt. Mr. Abbate suggested having the County physician certify that employees are able to take the Combat Challenge as part of the procedure. Chairman Higgs stated no one would be asked to take the Combat Challenge even on a voluntary basis unless they have been certified as passing the physical assessment by the County physician.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to approve Article 51 as amended. Motion carried and ordered unanimously.

The meeting recessed at 11:00 a.m. and reconvened at 11:19 a.m.

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

County Manager Tom Jenkins advised a memorandum was prepared that provided suggestions to the Board for processing of indigent defendants.

Commissioner Ellis stated he likes the recommendation to direct staff to communicate Board's interest in having a financial affidavit to determine indigency.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to direct staff to communicate the Board's interest in having a financial affidavit to determine indigency. Motion carried and ordered unanimously.

Commissioner Cook stated the Florida Statutes say the County may pay the salary of one Assistant Public Defender whose sole function will be to defend indigents charged with violations of special laws or with violations of Ordinances of the county or municipality; and inquired if that is applicable. Assistant County Attorney Shannon Wilson advised of an amendment to the Statute which provides that when the Public Defender indicates he is overloaded such that a conflict is created, then the county can provide additional funds for people to be retained to represent indigents. Commissioner Cook requested a copy of the Statute. Mr. Jenkins advised of the choices. Commissioner Cook inquired if the language is "may" or "will." He noted the Public Defender could get a court order and the County will have to pay anyway, but this should be a state expenditure. Mr. Jenkins advised of an effort being mounted by the Florida Association of Counties. Commissioner Cook inquired if the Public Defender's certification was his letter of 1992 or 1993. Assistant to County Manager Yvette Parker advised there is a 1993 memorandum from the Public Defender in addition to the one provided to the Board; and this issue was to support the funds that were approved for the 1994 budget year, which is what the contract is. She noted the contract is not reallocating new funds; and that will happen in the budget cycle that the Board will have to address.

Chairman Higgs inquired if any counties have refused to provide these funds and has it been litigated. Ms. Wilson responded litigation resulted in the Second District Court of Appeal; and the Supreme Court said when the Public Defender cannot adequately represent people because of inadequate resources, that becomes a matter of conflict. She advised of an existing Statute which mandates the County paying in certain circumstances. She stated the Statute enacted subsequent to that indicates that when the Public Defender certifies because of inadequate resources he could not adequately defend the defendants to whom he was assigned, then the County may contribute to retain attorneys and support staff to assist in the adequate representation of indigents. Mr. Jenkins advised what has been done in the past. Commissioner O'Brien stated if the Board makes it a block grant of $300,000, there is a high probability of saving money. Mr. Jenkins advised if the Board does not do it this way, the Public Defender will do it on a case by case basis, declaring a conflict; and suggested directing staff to find out what the Florida Association of Counties is doing and whether the County can support getting someone to challenge.

Chairman Higgs stated she supports the Florida Association of Counties, but the County is going to have to pay this. Commissioner Cook stated the Board can readdress this in the budget process; and encouraged the FAC to stop this burden being put on the counties by the state. Chairman Higgs requested the County Manager provide a report on the Article 5 actions the FAC is taking.

Ms. Parker advised she was appointed a member of the Criminal Justice Technical Advisory Group for the Florida Association of Counties which is addressing this; and she will provide the Board with current information.

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to execute Agreement with the Public Defender for legal representation of indigent defendants; and direct staff to communicate the Board's interest in having a financial affidavit to determine indigent status. Motion carried and ordered unanimously.

Commissioner Ellis stated the memorandum addresses the Public Defender's lien, and advises the Clerk's collection rate is low. He inquired how the collection rate can be increased. Ms. Parker advised the Board will be addressing this issue within the next month; the final meeting of a Delinquent Fines/ Bad Debt Group will be March 29, 1995; and it is hoped the recommendations to the Board will be finalized at that time.

Commissioner Cook inquired about the Agreement with the Clerk's Office for collection; with Ms. Parker advising of actions implemented by the Clerk to prevent delinquency from occurring. Chairman Higgs inquired when it will come to the Board; with Ms. Parker responding April, 1995.

Commissioner O'Brien inquired about the deadbeat dad issue; with Ms. Parker responding that is being handled by the Sheriff.

Human Resources Director Frank Abbate requested clarification of the Board action relating to the wages. He stated his understanding is there would be a 3% increase to the hourly rate retroactive to December, 1994 to all current, on board, bargaining unit employees; all base and incentives in the 1994-95 Contract schedule will remain as is and not be increased; employees with at least one year of service will be eligible for the 1% or 2% merit increase which will be given March 25, 1995; Shift Captains will also receive the retroactive increase which they did not receive during the prior fiscal year; and the County and Union will look at a step plan for two, five and ten-year employees with the funding source to be the savings realized from leaving the entry level salaries as is.

Commissioner Ellis clarified the entry level salaries as is applies to new hires only. Mr. Abbate stated everyone currently on board would receive the increases; but anyone hired after the 25th would not receive the 3%.

Chairman Higgs advised the Board is not holding to a particular step plan, such as two, five and ten.

DISCUSSION, RE: PAYMENT IN LIEU OF TAXES

Commander George Wilson, Brevard County Sheriff's Office, 1505 N. A1A, Indialantic, advised the Board needs to identify the amount of money that could be received through PILT and the lands in tax exempt status. He advised the political system has been exhausted with negative results; and as the County goes toward the lawsuit, the government organizations are more given to working things out. He expressed desire to move forward with the lawsuit against the Department of Interior; but cautioned more extensive research is needed.

Commissioner O'Brien advised he requested the Property Appraiser provide a more precise mapping of the properties being discussed; originally the Property Appraiser advised there were 4,823,000 acres; but the County is not predicating its argument against that original statement. He stated Mr. Ford is still researching to find the exact boundary lines; and once that is established, the Board will have a good idea of what it is shooting for. He stated if the County enjoins into a lawsuit, Congressman Weldon will drop any further help to the County; and Congressman Weldon wishes to go back to Washington to get this done for the County, if he can.

Commissioner Cook stated he is sure Congressman Weldon will do all that he can; but noted previous Congressmen have worked on this issue without much success. Commissioner O'Brien stated the problem is the County supplies services on federal lands, but does not get any return on it; and the local taxpayer is doing this. He described the situation in Merritt Island.

Chairman Higgs stated the new Congressman has indicated a willingness to work with the County; and she would like that to be exhausted as well as the agreement with NASA before moving to a law suit.

Commissioner Ellis inquired how long does the Board wish to wait before it considers it exhausted. Discussion ensued on a time limit; with consensus reached to wait six months. Commissioner Cook stated he is happy to support the waiting period; and advised Assistant County Attorney Catherine Harasz indicates the County's argument would be if Congress meant to require ownership, it would have said that; and if the County seeks a declaratory action in federal court, it would require a filing fee, depositions and County staff time, with U.S. Fish and Wildlife probably stipulating to most of the facts, requiring little discovery. He stated if the County does go to the filing of a suit, it would not be particularly onerous on the County, and is something which should be considered. He stated at the end of the six-month period, he would like this placed on the agenda to proceed with filing suit.

Motion by Commissioner O'Brien, seconded by Commissioner Ellis, to authorize soliciting assistance from Congressman Weldon for a period of six months with regard to pursuit of PILT; and approve pursuit of an agreement with NASA for in-kind services. Motion carried and ordered unanimously.

Commissioner O'Brien requested the County Manager write a letter to Property Appraiser Jim Ford asking for a precise number or map of the properties involved.

DISCUSSION, RE: ALTERNATIVES TO PRE-EXISTING USE PROVISIONS OF THE ZONING CODE

Sandy Taldo, 8795 A1A, South Melbourne Beach, advised she does not know her status or what papers she needs to file. She stated the property was downzoned; she has an eight-unit motel; and inquired if she will be permitted to rebuild to what she has if a storm wipes her out; with Chairman Higgs responding Ms. Taldo can file a pre-existing use application at no cost and would be permitted to rebuild the structure that she has. Commissioner Ellis inquired if she can rebuild if she is one of the RU-2-6 properties. Ms. Taldo advised of the location of her property. Zoning Official Rick Enos stated Ms. Taldo would not qualify for the pre-existing use as it is constructed now; and advised when pre-existing use would be applicable. Ms. Taldo inquired how the structure was built if it was only for two units. Chairman Higgs explained RU-2-6 is a multi-family designation. Ms. Taldo requested direction from the Board. Chairman Higgs requested Ms. Taldo meet with staff to discuss her specific situation.

Commissioner Ellis stated this needs to be addressed; this property was taken down; and pre-existing use does not apply to the property.

Chairman Higgs stated Ms. Taldo has not been changed from RU-2-6. Ms. Taldo advised she is not even RU-2-6. Planning and Zoning Director Peggy Busacca advised there have been no rezonings on the farthest portion of the South Beaches. Commissioner Ellis advised the Board is going through administrative rezonings. Ms. Busacca stated the motels in the South Beaches fall into two categories; most have always been classified as tourist use; but two or three have always been classified as multi-family. She stated the multi-family motels are running into problems because they were not consistent to the Comprehensive Plan at the time it was amended; it was not an amendment to the 1988 Comprehensive Plan which put them in a non-conforming status; it was a previous Board action which made them non-conforming; and they are not eligible for pre-existing use. Commissioner Ellis stated their density is being further reduced by the administrative rezonings; and the businesses would not be able to rebuild. Ms. Busacca agreed they would not be able to rebuild as they are today. Chairman Higgs stated the ones that are RU-2-6 are the Sandy Brook Motel, the Sea View, and the Jolly Roger. Chairman Higgs recommended Ms. Taldo confer with staff.

Giedre Snipas, 4215 South A1A, South Melbourne Beach, owner of the Sea View Resort Motel, stated she falls into that category; and she has been downzoned to single-family residential. She stated pre-existing use does not protect the properties from cuts in land use and zoning; and even the protection it does provide to properties is nebulous since rebuilding is only allowed as closely as possible to existing zoning, which is one or two units per acre. She outlined the problems with the pre-existing use provisions; and noted the 15% expansion allowed is meaningless. She stated the Sea View Motel was built in 1950 before any land use or zoning was in effect; but it was built legally. She advised of the history of the motel which made it non-conforming and illegal. She expressed concern that the value of her property was taken away, even against specific recommendations of staff that this parcel remain designated as urbanizing at six units per acre due to the character of the area. She noted at the time of that decision, former Chairman Karen Andreas instructed staff to resolve the dilemma of the Sea View zoning and land use; but nothing has been done even though she had meetings with staff. She stated only the Board can pass a law which would make the Sea View legal; she has gone full circle, and gotten nowhere; and maintenance of her inequality is discriminatory. She advised the motel has always operated legally as a motel; but when zoning was implemented, it was made illegal; and it appears there was an oversight in the zoning process which was never corrected. She noted this is her legal residence; and she cannot add living space. She expressed concern that property values have decreased as densities have decreased. She advised density has been taken from built out areas; seven units have been taken from her; and inquired how many units have been taken from other motels or high-rises. She advised of the consequences of lowered densities; and stated the densities have been taken away from some and given to developments.

Alice Petty, 6010 South A1A Highway, Melbourne Beach, suggested this issue be moved to a workshop situation so all propositions can be discussed and evaluated to insure there is understanding between the people, staff and the Board. She stated the businesses and people have been affected by the uncertainty of the past ten years, since the first downzoning; and advised of the consequences of downzoning. She noted a lot of developments rushed in so as not to lose their density; and requested this be researched. She stated a lot of things are being said that are not true. She expressed approval of the Archie Carr Refuge; but noted development has not had as big an impact on the turtles as the lack of dirt; and explained the problem with the lack of littoral drift. She noted most of the tax base of the County comes from oceanfront properties; and Jim Ford should be asked how this affects the County's ability to function. She stated she does not know how the businesses are taking away from the quality of life in subdivisions. She advised of problems in the subdivisions; and stated the Board is favoring residential people.

Chairman Higgs inquired if South Shores built in response to the possibility of losing its zoning. Mr. Enos advised South Shores was not a PUD; but it was site planned just before the 1985 South Beaches Comprehensive Plan was adopted.

Michele Cremins, 5055 South A1A Highway, Melbourne Beach, inquired if she is operating her business, Ocean Pines Village, in a non-conforming use, how can she get a loan to make her business work. She noted most of the motels have been existing as motels for 30 and 40 years; and inquired why is the zoning being changed. She noted she recently acquired her property; and she will need to be able to get a loan.

Chairman Higgs inquired what is the status of Ocean Pines Village. Ms. Busacca stated she believes it is pre-existing use, but does not have the file. She recommended Ms. Cremins come to the Planning and Zoning Division to check the status of the property.

Commissioner Cook stated once an explanation of pre-existing use was forwarded to the local banking community, that has given the financial institutions some level of comfort. Ms. Busacca advised she has found that to be true; and bankers often call and inquired about status before a mortgage loan is approved. She noted there is better response to the explanation of pre-existing use than for non-conforming use.

Larry Bell, 150 Heron Drive, Melbourne Beach, President of the Melbourne Shores Property Owners Association, urged the Board to retain the current pre-existing use policies. He read aloud from the staff report on policies; and inquired why should the current policy be changed. He stated he has been told this is another issue being spearheaded by Commissioner Ellis; and noted Commissioner Ellis believes the current policies are unfair to businesses in the South Beaches. He inquired if the need for a change is aimed only at the South Beaches or is it aimed at perceived problems throughout the County. He stated Commissioner Ellis' letter to General Hollis treats the problems in a general way and does not specifically spell out why the current policy is unfair to businesses in the South Beaches. He noted some speakers have mentioned possible hardship; but the problems are not clear why the current policy is unfair. He stated in his letter, Commissioner Ellis cites certain businesses which are having problems with pre-existing uses; and advised of the status of businesses which were mentioned. He inquired if a change in policy is justified; and advised the residents want any modification or expansion to the businesses to conform to the character of the South Beaches. He described the experience of one resident.

Commissioner Ellis advised he has been opposed to pre-existing uses throughout the County, not just the South Beaches; and when the zoning issues have come up, he has not supported putting anyone into the non-conforming use.

Susan Simoes, 5895 Riverside Drive, Melbourne Beach, advised the 1993 Comprehensive Plan was developed in good faith to preserve the South Beaches; but it seems every week Commissioner Ellis has brought something up to change the Plan. She noted approximately one hundred people from Melbourne Shores attended the February 27, 1995 meeting, and several hundred people signed petitions; and she worked to let people know the Surfcaster Motel was attempting to change the Comprehensive Plan in reference to the pre-existing use which allows 15% increase. She noted she read the letter from Commissioner Ellis' Office referring to the suffering small businesses. She advised of the status of businesses and small motels on the South Beaches. She noted she is not trying to inhibit businesses as she is a small business person; she does not see the need to change the Plan; and bigger is not always better. She advised of the expansion of Ray's By The Sea in Melbourne Beach which resulted in the owner having to lease the business to others because there were not enough customers. She noted even the Driftwood Plaza will suffer in the summer when it finds only a small amount of people remain in the South Beaches. She stated the Board would be doing the businesses a favor by not increasing their businesses and watching them fold; and progress can also mean preserving the South Beaches.

Commissioner Ellis advised he has a letter from Whitey's Bait and Tackle regarding its problems; and the owner of the New England Eatery was present the last time this issue was discussed.

Sybil Wilensky, 122 Pelican Drive, Melbourne Beach, advised she is present to speak against any change in the current pre-existing use provision of the Zoning Code. She advised residents and visitors do not come to the South Beaches because of a motel, restaurant or t-shirt shop; and they are there for the pristine environment, the Archie Carr Preserve, Sebastian Inlet, Long Point Park, and the Indian River. She stated the residents do not wish to harm the commercial people; but they do not feel the current 15% they are allowed to increase their property is an unfair disadvantage. She expressed desire for all parties to be taken into the decision making process; and advised many of the alternatives would remove the residents from the process. She stated the small motel owners are asking questions today which should have been asked before they purchased their properties; and she sympathizes with their difficult positions; but questioned whether zoning should be changed throughout the County. She expressed support for preservation of property rights; and advised of residential properties which are no longer buildable. She advised she is not opposed to rebuilding in the case of fire or storm. She advised of a recent trip to Pensacola which was disappointing because all she could see were motels, restaurants and t-shirt shops; and stated she does not want the South Beaches to have that kind of look. She stated making no change would not present a specific hardship or economic impact to the County. She stated the South Beaches are different from other areas of the County; and requested the Board choose Option 3 for no change. She suggested working together to solve the small problems with the residents continuing to be part of the decision making process.

Fred Lindahl, 175 Riverwalk Drive, Melbourne Beach, advised the Archie Carr Refuge is only 1% of the total land area of the County; the barrier island from Melbourne Beach to the Sebastian Inlet goes from a quarter mile to a mile and a half including wetlands; and there is little room for residential or commercial development. He noted the Archie Carr Refuge is compatible with the residential areas; and advised of water concerns on the South Beaches. He advised of the extra infrastructure that would be needed to support additional development.

Commissioner Ellis stated he understands the argument against residential development, but not how it applies to pre-existing use. Mr. Lindahl stated if the pre-existing use is changed, it will open new avenues to encourage development. Commissioner Ellis inquired if a five-unit motel goes to nine units, will it be a back breaker; with Mr. Lindahl responding it may or may not be. Commissioner Ellis stated he was driving on the South Beaches over 20 years ago, and no one asked him if Mr. Lindahl's home could be built; "Mom and Pop" motels are not being replaced with thirty-story condominiums; there is not upzoning of the properties; and he does not see that much density being increased. Mr. Lindahl advised builders are building heavily in the South Beaches, and it is getting congested; and expressed concerns about expansion of businesses. Commissioner Ellis reminded there are setback issues, height restrictions and the Coastal Construction Line; and advised the businesses are only allowed to expand 15% which does not work for a small business.

David Micka, 1401 Oak Street, Melbourne Beach, noted people raising questions about protective issues and zoning run the risk of being perceived as eco-nuts; and advised of his credentials. He stated the key to business success is differential advantage; this is the last chance to protect the unique nature of the South Beaches; and its economic value is underestimated. He stated taxpayers support maintaining the South Beaches as they are by a two to one majority and are willing to raise their taxes to do that. He advised commercializing the South Beaches will destroy its differential advantage as a tourist attraction along with the ecological damage that will be done. He stated the EELs changes are part of the same package; and expressed concern about destruction of an asset. He advised the biggest cause of failure of small business is cash flow problems resulting from unjustified expansions. He stated the intent of downsizing is to reduce the population; and that is supported by the majority of the taxpayers.

Commissioner Ellis noted EELs was a Countywide referendum, and purchases are Countywide. He advised expansion is a commercial not government factor; and it is not up to government to decide if the expansion is a mistake or not; with Mr. Micka agreeing. Mr. Micka advised expanding commercialism in the South Beaches is inconsistent with what else is transpiring there. Discussion ensued on the issue of expanding commercialism. Commissioner Ellis advised every time someone comes for expansion of pre-existing use beyond 15%, staff recommends denial. Zoning Official Rick Enos advised as long as the existing use is inconsistent with the Comprehensive Plan, staff has no other option but to recommend denial. Mr. Micka advised the Board has the option of overriding that.

Brigadier General W. S. Hollis, U. S. Army Infantry Retired, 3035 A1A, Melbourne Beach, Chairman of BIPPA, distributed two handouts; and stated the first is a memorandum from Commissioner Ellis. He read aloud from the memorandum; and advised BIPPA requests a list of the businesses that have been put out of business by the pre-existing provision. He advised there are at least four statements by Commissioner Ellis that are not factual. He stated one contention which is false is that many of the Comprehensive Plan amendments approved relating to the pre-existing use were done so over the objections of staff and the LPA. He noted the LPA was the initiator and developer of the pre-existing concept. He stated on page 4 Commissioner Ellis advises he cannot comprehend the opposition to small expansions; and advised that is already in the Pre-existing Use Ordinance, and is working. He stated Commissioner Ellis alleges downzonings were effected to avoid four-laning A1A which is a half-truth; and the principal reason for that was to downzone density to facilitate hurricane evacuation. He enumerated other reasons for the downzoning. He stated Commissioner Ellis advises BIPPA was arguing to maintain the 180-foot corridor so A1A could be widened; and that is a total falsehood. He stated the Barrier Island Preservation and Protection Association did not argue for four-laning; and read aloud BIPPA's statement. He noted the issue of jobs was a big part of the campaigns of Commissioner Cook and Commissioner O'Brien; Brevard County is within one hour's drive of the number one tourist destination in the world; nearly 24,000 jobs have been created by the Space Center and the beaches; and over 20% of tourist taxes, retail sales, and gasoline taxes are paid by tourists. He requested the Board honor its commitment to preserve and protect the Archie Carr Turtle Refuge.

Commissioner Ellis noted a business does not necessarily have to be out of business to be harmed; the objections were not over pre-existing use, but over the fact that the LPA did not want to put people in a non-conforming use; and pre-existing use was done after the fact to try and help the people in a non-conforming use. He advised of examples. He stated 15% expansion does not work; the downzoning was done for infrastructure reasons; and the water and sewer lines have not been run south because the residents do not wish to have them run south. He advised the only purpose of the setback is to widen the road.

Commissioner Cook advised the Board needs to move on; the pre-existing use policy may not be perfect, but he does not see that is causing burdens; and expressed support for the current policy. Commissioner Ellis advised it does not allow everyone to rebuild because not everyone can apply for pre-existing use. He stated when this was brought up under the Comprehensive Plan, one of the alternatives was to adopt a tourist use policy and land use designation, similar to pre-existing use was an idea presented by Paul Gougelman because the City of Melbourne was using it; and this affects people throughout the County.

Chairman Higgs stated the situation with Sandy Brook Motel and the Sea View Resort Motel are different from pre-existing use; and she would like to see the Board come up with something that would keep those properties in a legal status. She noted she does not support major expansions of the existing businesses; but she does support them having a legal status adequate for financial transactions, rebuilding, and 15% expansion. She noted she sat in on the Small Area Plan in 1991; and they worked to find a way to support the existing businesses and balance the desire not to have major expansion by some of the hotels which have adjoining properties. She advised of the proposed TU-1-A use which did not seem to work for everybody; and stated they settled on the pre-existing use provision. She noted the pre-existing use provision does not address the Sandy Brook Motel or the Sea View Resort Motel; and suggested the Board come up with a recommendation to put them into a legal status to allow a reasonable expansion. She advised some of the hotels abut residential areas; and major expansion into those residential areas is unacceptable to most people. She stated the pre-existing use may need to be moved out of the non-conforming clause of the Ordinance, to set it aside as a legitimate zoning category. She reiterated that does not address the problems of all businesses. She stated she does not have a problem with the existing businesses being in a category; and if the name causes problems, it could be changed to get it out of non-conforming category without relaxing the standards. She stated the major issue is the expansion; and she cannot support that.

Commissioner O'Brien stated the LPA tried to develop a tourist zoning; but the Board turned it down. He suggested the Board direct staff to develop a new category. Chairman Higgs suggested taking the pre-existing use out of the non-conforming category so it will be a legitimate usage; but advised she does not know how to solve the problem of the three non-conforming motels. Ms. Busacca advised staff could develop something to address the problems of the three specific residentially-zoned motels, if the Board desires. She advised of the history of the three properties; and she does not know the extent of their non-conformity. Chairman Higgs inquired if those properties can be a PEU (pre-existing use); with Ms. Busacca responding if the PEU provisions are changed. Ms. Busacca stated staff can come back to the Board after investigating the problems of the specific motels; and until she knows the specific problems, she cannot solve the issues.

Commissioner Ellis noted the CRG originally brought up the idea of a tourist use. He advised of the problems with the 15% expansion for small motels and restaurants.

Chairman Higgs stated for those people that abut large establishments, 15% is huge; and that is the problem. She stated 50% would allow certain other uses that are controversial; and the problem is to come up with a law that can work in both situations. She stated there would be no riot if one of the six-unit motels expanded by 50%; but 50% on a large establishment would pack the audience. Commissioner Ellis advised of various restrictions. Commissioner Cook stated he has no objection to staff looking for a solution for the three specific businesses; but there has to be restriction on expansion when something is no longer in character with the area; and people know that going in. Commissioner Ellis noted this has just been done in the last few years; and when it was done, almost every business that was affected came to speak. He stated the Board needs to think what can be done with a 15% expansion, and what kind of expansion is justifiable for the expense of extending the roof, knocking out walls, etc.

Chairman Higgs described the process of developing the Small Area Plan; and stated she could support moving PEU out of the non-conforming category to a zoning class, but cannot go very far beyond that. Ms. Busacca advised the three motels do not meet the provisions of the PEU as it is. Commissioner Ellis inquired if they would meet the provisions if they were zoned into TU-1-A; with Ms. Busacca responding the provisions of PEU say that the structure or the use was consistent until an amendment to the Comprehensive Plan changed it; but what has happened with the three structures is that they were made inconsistent by previous zoning actions so they were inconsistent before any changes were made to the Comprehensive Plan. Chairman Higgs suggested adding the language "or previous zoning action." Ms. Busacca stated in that case, all non-conforming uses would be eligible for pre-existing use; and there would be no non-conforming uses within the County. Chairman Higgs suggested getting information on how to solve the three problems before doing anything else.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to direct staff to report to the Board on possible solutions to the problems of the three non-conforming motels in the South Beaches which had residential zoning classifications. Motion carried and ordered unanimously.

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to direct staff to investigate TU-1-A land use.

Commissioner Ellis stated with a TU-1-A land use, the properties could be made conforming to TU-1-A and expansion capabilities could be set up within that zoning.

Chairman Higgs stated she will support the motion to get more information and see the consequences on each of the properties.

Commissioner Cook stated at some point the Board has to end this; and he is happy to stay with the current policy and work out something for the three people; but he is not comfortable with further studies. He stated the people need a decision.

Chairman Higgs stated she would like to put this to rest; she does not mind getting a staff report on TU-1; but she will not go along with the motion to further investigate TU-1-A.

Chairman Higgs called for a vote on the motion to get further information on TU-1-A. Motion did not carry. Commissioner Ellis voted aye; Commissioners O'Brien, Higgs and Cook voted nay.

Chairman Higgs advised she would support moving PEU out of non-conforming to a separate zoning classification that gives a further impression that this is a legitimate status.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to direct staff to develop a mechanism to move pre-existing use out of non-conforming status into a separate zoning classification to further give the impression it is a legitimate status.

Chairman Higgs advised this would require a change of the Zoning Code. Ms. Busacca requested staff be allowed to come back to the Board with the best way to accomplish that.

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

The meeting recessed at 12:54 p.m. and reconvened at 2:07 p.m.

STAFF REPORT, RE: COMPREHENSIVE PLAN POLICIES FOR WETLANDS

Harry Fuller, 424 Dorset Drive, Cocoa Beach, representing Space Coast Builders Association, advised of the impact of wetlands on building; and requested wetlands be considered as any other lands. He noted no matter what is controlled, a property belongs to the owner, and when the County says the owner cannot use it, the County has taken the property. He noted there have been a number of litigations; and described the case of Lovelady Harbor Properties v. Department of Interior. He advised the chart in the Commissioners' package shows that 90% of the counties have no control of wetland permitting; any time you want to do something you either have to go to the Army Corps of Engineers or the Water Management District for a permit; and since there are two permitting processes already, there is no reason to have a third. He recommended the Board do what the rest of the State is doing and let the two agencies control the wetlands; and inquired why there should be a third layer of permitting. He stated it should be easier and cheaper for the County. Margaret Hames, 667 Acacia Avenue, Melbourne Village, advised much of the wetlands have been lost; and it is important to preserve the goals and objectives in the Comprehensive Plan. She stated wetlands are a natural resource; and if they are not addressed in the Comprehensive Plan, then all of the natural resources are not being addressed. She expressed preference for local control by the County government, with regulations set in place to preserve as much of the wetlands as possible. She stated people should know what they are buying when they buy land; and it is not the County's place to oversee this.

Commissioner Ellis stated the issue he brought up on the wetlands had to do with governing land use because of the presence of wetlands. He explained the current rules are that the land use is governed by the presence of wetlands; but no where in the policy does it say how much wetlands have to be on the parcel, so the presence of any wetlands could deny having a commercial use on the property. He advised Policy 5.2.F.2 should be removed from the Comprehensive Plan.

Commissioner O'Brien expressed concern about making a decision on an important topic without having sufficient time to study the issue. He stated the Board can discuss the issue, but he would prefer to take no action today. Commissioner Cook stated Commissioner Ellis can point out the areas of concern and it can be placed on the agenda at the next meeting.

Commissioner Ellis advised Policy 5.2.F.2 does not allow commercial/industrial use in wetlands, but it does not matter how much wetlands, and it is not a floodplain issue. He stated residential development can plat around wetlands; however, the County is dictating land use based on that presence. He read aloud from page 4 of the document from the Natural Resources Division; and advised of the problems with commercial parcels. Natural Resources Management Director advised how rezoning reviews are done when wetlands are present; and stated staff does not usually recommend denial zoning of commercial/industrial if only a small portion of the property is wetlands. She noted if a large portion of the property is wetlands, staff confers with the applicant to see if the site can be reconfigured to avoid the wetland impacts; and if the site is predominantly wetlands, then staff will make a recommendation that the zoning should not be granted. Commissioner Ellis noted that may be how staff handles it, but it is not the wording of the Comprehensive Plan. He stated the Comprehensive Plan prohibits industrial or commercial land use if wetlands are present unless the project has a special reason or need to locate within the wetlands; and the only one he has seen so far is the public driving range. Chairman Higgs read aloud the Policy. Commissioner Ellis advised everything Ms. Barr has said has to do with site plans, and not land use; and the Comprehensive Plan talks about a land use issue. He stated not all wetlands are adjoining to surface waters; and questioned the figures given of those who observe and photograph birds in wetlands. He expressed doubt that the Kissimmee Project, Lake Apopka, and the St. Johns River Upper Basin were degraded by permitting; and explained the history of the water bodies. Chairman Higgs stated the point is the area surrounding Lake Apopka through its agricultural use destroyed the wetlands, and now they are being restored. Commissioner Ellis reiterated these are site plan issues, not land use issues. Chairman Higgs stated the land use issue would have been appropriate at Lake Apopka fifty years ago. Commissioner Ellis advised Lake Apopka was drained, diked and turned into farmland which is not the same as having a 20-acre parcel with a half-acre wetland, and being unable to get a commercial use. He expressed concern about the list of economic impacts; stated many counties do not deal with the density development restrictions, but pass it to the State; and even most of the counties that do deal with it do not address commercial. He listed counties that do not deal with commercial; and stated he does not see that DCA would bring the County into Chapter 120 hearings over a change in the Comprehensive Plan when there are scores of counties that do not do the same thing. Chairman Higgs noted the column to which Commissioner Ellis referred deals with permitting requirements as opposed to Comprehensive Plan issues; with Commissioner Ellis advising he is looking at density development restrictions. Ms. Barr advised that is a Comprehensive Plan issue; and those counties that also permit on top of that would be under the permitting requirements. Commissioner Cook stated he finds the estimates to be phenomenal. Commissioner Ellis stated it would make sense if there was a list of counties which had the same types of restrictions, but numerous other counties do not; with Chairman Higgs disagreeing. Chairman Higgs raised a question about the chart; with Ms. Barr advising how to read the chart. Commissioner Ellis stated his request is to not have land use dictated by the presence of wetlands, and that commercial property be treated the same as any other. Chairman Higgs inquired if Commissioner Ellis supports option 2. Ms. Barr clarified the policy is commercial/industrial land uses shall be prohibited in wetlands; and it does not mean that because part of it is wetlands and part is uplands, that the uplands portion is prohibited the commercial/industrial land use. Commissioner Ellis stated the parcel would have to be split; with Ms. Barr advising if the parcel is predominantly uplands, the owner cannot use the wetland portion for a commercial/industrial use. Commissioner Ellis inquired if the development is a matter of permitting and site plan; with Ms. Barr advising it could be done at the site planning stage, but there have been problems with doing it then; and staff started reviewing at the zoning stage for the determination of restrictions because of wetlands on site, with notification to the applicant. She noted most of the time the applicant can reconfigure the site plan; but if the site is predominantly wetlands, it is not feasible to redesign the site plan; and the applicant is notified at the rezoning phase. Commissioner Ellis noted it may be that the wetlands are in a location that cannot be worked around; and provided an example. Ms. Barr advised staff notifies the applicant at the rezoning stage to let them know they have to address that issue.

Commissioner O'Brien inquired if the applicant could move the wetland and mitigate on their own property; with Ms. Barr responding no. Commissioner O'Brien inquired when was the policy written; with Ms. Barr responding in 1988 as part of the original Comprehensive Plan. She advised in 1988 the language was "should"; and it was amended in 1990 to "shall." Commissioner O'Brien inquired why it was changed; with Ms. Barr responding at the same time the County passed a no net loss of wetlands policy, and standards were tightened. She stated the rationale was residential land uses do not have as much as impervious surface impact; and the current Codes prohibit any filling except for the house pad, septic and access; but with commercial/industrial, there is more potential impact to the wetlands. Commissioner O'Brien inquired about the mitigation policy; with Ms. Barr responding the mitigation policy is not working in the sense that you have a complete no net loss of wetlands; many of the creation projects are not that successful; and the State is readdressing that.

Commissioner Ellis requested the Board also discuss why the land use issue is addressed; with Ms. Barr responding by not addressing the land use, the County defers to the State on the site by site permitting, and acknowledge the consequences of potential drainage issues, water quality issues and habitat loss from the County level.

Commissioner Cook requested a list of mitigation projects that have not worked. Ms. Barr responded she will provide a copy of the State audit on that program.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to table consideration of wetland policies to April 18, 1995. Motion carried and ordered unanimously.

REPORT, RE: STATUS OF CRIMINAL PROSECUTION OF LAND CLEARING VIOLATIONS IN CANAVERAL GROVES

County Attorney Scott Knox advised the matter of the land clearing violations in Canaveral Groves has been turned over to the State Attorney's Office.

Commissioner O'Brien stated the Board requested the County stay a friend of the court to stay with this to prosecute it. Commissioner Ellis advised it was supposed to come to the Board before it went to the State Attorney. Mr. Knox advised the Board directed him to take whatever action was necessary to get them prosecuted; and the only thing that can be done is to hand it over to the State Attorney, noting he filed all the appropriate affidavits. He stated there are some counties where the County Attorney's Office is appointed as Deputy Assistant State Attorneys for the purpose of prosecuting Ordinance violations, but Brevard County is not one of them. Commissioner Ellis stated he still has not received an answer as to whose land was cleared. Discussion ensued to clarify the Board's previous action. Mr. Knox stated the directions to clear the land were given by private property owners. Commissioner Ellis stated they were not clearing someone else's property, nor were they clearing right-of-way. Mr. Knox advised a permit is still necessary. Chairman Higgs stated it is now in the hands of the State Attorney.

APPROVAL, RE: COMMUNITY HOUSING DEVELOPMENT ORGANIZATION PROJECT SELECTION FOR FY 93 AND FY 94 HOME PROGRAM FUNDS

Planner II Nancy Slater recommended three projects be funded through the Home Investment Partnership funds, specifically the Community Housing Development Organization (CHDO) funds. She stated the projects are all rental projects; and described each. She stated the CHDO funds can only be used for these types of non-profits; and requested additional regular activity funds be included which would be tied up until December, 1997 if the finances do not come through or the construction projects do not go.

Discussion ensued on the procedure for speakers; with the Board determining to allow ten minutes per group.

Fran Gordon, 543 Orange Avenue, Daytona Beach, Director for Mid-Florida Housing Partnership, advised the Four Winds project is relatively small; and distributed photographs. She noted she is working with the Brevard County Coalition for the Hungry and Homeless to assist in developing this project; they work in a three-County area; and the project will be retained by the Brevard Coalition. She advised of previous CHDO experience; and explained the purpose of projects like this. She stated the goal is to promote home ownership, whenever possible, as well as provide quality housing for people of low income. She advised of the steps that will be taken with the project; and stated this will be a bridge living situation. She advised the rents will be approximately $200 a month; it will address the needs of the "working poor"; and hopefully within 24 months, they will be able to get into private sector housing or into home ownership.

Commissioner Ellis stated this is the only project he has seen with a rent below market rate. Commissioner O'Brien stated he would not want to lose the Four Winds Project considering the area and the condition of the building; and this would reduce blight. Commissioner Ellis inquired how is the $116,000 allocated on the project. Ms. Slater advised there is some contingency; and if they do not expend the funds, they would not be allocating use for the expenditure. Commissioner Ellis inquired if that is purchase and upgrade; with Ms. Slater responding yes, and probably a fence around the area. Chairman Higgs inquired if they document for the staff specific examples of how that has been expended; with Ms. Slater responding affirmatively. Motion by Commissioner Cook, seconded by Commissioner O'Brien, to approve recommendation to fund the Four Winds project; and authorize the Chairman to execute Agreement to commit HOME funds subject to fulfillment of terms of agreement. Motion carried and ordered unanimously.

Malcolm Kirschenbaum, 402 High Point Drive, Cocoa, Chairman of Assisting Communities Toward Self Help, Inc., representing the Highland Woods project, stated several members he is associated with have developed affordable housing in the County over the past fifteen years; and advised of their experiences. He stated as the rules changed, CHDOs became important in trying to leverage public/private partnerships; they looked at several projects; and they settled on the Highland Woods project in partnership with the Richman Group. He stated they are dealing with students, working families, day care and the amenities that will be provided with the project; and the competition for the money is the competition the Task Force put on. He advised all three projects have been recommended for approval; and requested the Board approve the CHDO set aside for this partnership so the project can move forward. He stated he is looking for the $200,000 that had been awarded to the project which is part of the $14.5 million project, and approval of the process.

Dodi Glas, 330 Clematis Street, West Palm Beach, The Richman Group, displayed a colored site plan; and provided details concerning the site. She noted the site plan is currently being reviewed by the City of Melbourne. She stated the project is 220 units; it is a combination of one, two and three-bedroom units; and there will be a day care center. She advised there will be a community center and pool on site; the community facility is an important part of the development; and they will be establishing a resident association which will provide services to the residents. She noted the rents are geared to individuals and families earning between 40% and 50% of the median income for Brevard County; and that would be a family of four in the $20,000 range. She stated the units are 900 square feet to 1,148 square feet with full appliances; and on site there are "tot lots" and picnic areas as well as a pedestrian bikepath. She advised of the background of the Richman Group; and advised in this case, the Group would be managing the property.

Commissioner Ellis inquired what are the expected rents; with Ms. Glas responding the two-bedroom units start in the upper $200's and the three-bedroom units top out at $470; and they are geared at 40% and 50% of the median income. Chairman Higgs inquired what is the existing market level for a three-bedroom unit; with Ms. Glas responding there are few comparables, but smaller one and two-bedroom units are going in the mid-$400 range. Discussion ensued on comparables. Commissioner Cook inquired what would be the maximum income a person could have; with Ms. Glas responding it is relevant to household size; there are requirements you can have in a unit based on the bedroom size; and a family of four for 40% of income is approximately $20,000 a year. Commissioner O'Brien noted at $450 a month, they will be paying close to $6,000 in rent. Ms. Glas explained the adjustment for median income. Commissioner Cook stated the rents would be predicated on the $40,100 figure; with Ms. Glas responding they are based on 50% of that figure. Ms. Glas advised in this project all of the rents are 50% of the median or below. Commissioner Ellis inquired if certain percentages are set aside; with Ms. Glas responding they are looking at 20% of the units at 40% and below and the remainder at 50% and below. Chairman Higgs inquired who monitors that; with Ms. Glas responding it is monitored through the funding, agreements, and through other programs. She advised there will be quarterly reports as well as annual monitoring and auditing requirements for the State program. She noted there will be a fifty-year life on the covenants on the properties. She advised of various requirements with which the Richman Group must comply. Chairman Higgs inquired what is the function of the local group that is actually the CHDO; with Mr. Kirschenbaum responding the group is responsible for the social services that are required. Chairman Higgs inquired if that group is part of the management; with Ms. Glas responding they are integrated; and explained how it works. Mr. Kirschenbaum advised it is part of the restrictive covenants that are recorded as part of the financing package; and explained the change in the law.

Commissioner Ellis inquired how applicants are screened; with Ms. Glas explaining the process. She noted all records have to be maintained and inspected by the investors and the State. Commissioner Ellis expressed concern that the project will be filled with FIT students, and the impact the project will have on other apartment units in the area. He stated as more people move to the nicer subsidized apartment complex and out of the south side apartments, the area will become more blighted and a greater problem than they are. He outlined the problems in the area. Ms. Glas advised when income is verified, anyone qualifying would be considered, but students would not qualify unless they are fully independent and supporting themselves without assistance from family; and that is verified through records and tax returns. Commissioner Ellis stated he attended UCF but never made enough to file a tax return; with Ms. Glas advising Commissioner Ellis would have been unable to provide the evidence that he had sufficient income to support himself in the project. Mr. Kirschenbaum advised of the requirements to live in the project. Commissioner Ellis inquired how much income does a person have to have; with Ms. Glas responding enough to pay the rent, and there are maximums set which cannot be exceeded. She noted credit checks are done. Commissioner Ellis advised of his experiences working while attending school. Ms. Glas stated grant money is reviewed, and it has to be shown as tuition expense in order to be qualified as not taxable.

Commissioner O'Brien inquired what is low income; with Ms. Glas responding $20,000 for a family of four. Commissioner O'Brien inquired if 40% of the units can be rented to people who make $40,000 or more; with Ms. Glas responding no. Ms. Glas advised 20% of the units will go for people earning no more than 40% of the median income; and the remainder will be at 50% of the median income. She noted the caps are approximately $18,000 and $20,000. Commissioner Cook noted no one in the project could make more than $20,000; with Ms. Glas advising that is true unless there is a situation where there are a lot of children, and household size is limited. Commissioner O'Brien inquired what if the person gets a raise and makes $26,000 a year. Ms. Glas responded you cannot exceed the maximum by a certain amount; and that is why incomes are verified annually. Commissioner O'Brien inquired if the person gets a raise will they have to find another place to live; with Ms. Glas responding if you exceed the maximum, you would have to find another place to live. Commissioner Cook inquired if a husband and wife making $20,000 each would qualify; with Ms. Glas responding no because the household income, which is $40,000, is over the limit. Discussion ensued on the financial requirements to live in the project. Commissioner O'Brien inquired where is the incentive to make more money. Ms. Glas explained the project addresses the need for lower income households for people working up; and the ultimate goal is to get people to advance into single family home ownership. Commissioner Cook inquired at what point are people just being warehoused. Ms. Glas stated the point is to get the people moving along to quality housing. Commissioner Cook expressed regret that this meeting comes before the Affordable Housing Workshop. Mr. Kirschenbaum advised the applicants have been working on this for a year.

Chairman Higgs stated the area of the project needs positive influences; and the project meets the criteria. She stated she will support the project.

Commissioner Ellis stated he will not support the project. He expressed his concerns about the negative effect it may have on area apartment complexes, and whether it will fill up with students.

Chairman Higgs stated the demand is there; and the negative consequences on adjacent properties will not be there. She stated money has been allocated from the federal and state government; and it should be used in the community to help those people who need housing.

Commissioner Ellis inquired if this serves the community if it has negative consequences on existing facilities, such as Briarwood. Chairman Higgs stated it does a better job for Briarwood when a nice complex comes in to upgrade the area, and it gives Briarwood a better chance to be a positive place. Commissioner O'Brien expressed concern about the low incomes in Florida; and stated there are many families including government employees who make less than $20,000 a year and are looking for affordable housing. Commissioner O'Brien stated he will support this because if the County continues to allow the other areas to be blighted, children will grow up and repeat the cycle. Commissioner Ellis inquired if this helps continue the decline by pulling more tenants out of there; with Commissioner O'Brien responding the slums are already there; and this can help people get out of the slum. Commissioner Cook noted this is what was said in Chicago about the high-rise developments; and he has a concern about warehousing people. He stated public housing does not work; but this is not technically public housing; and although he still has concerns, he will support it. Commissioner Ellis inquired how private complexes can compete against this; with Chairman Higgs responding this is private. Commissioner Cook noted the bonds are sold to private investors. Chairman Higgs noted it is operated by a public/private partnership.

Chairman Higgs noted she is concerned about the impact to the small property owner; however, those people are able to compete and get additional funds through this type of program.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve recommendation to fund the Highland Woods project; and authorize the Chairman to execute Agreement to commit HOME funds subject to fulfillment of terms of agreement. Motion carried and ordered. Commissioners O'Brien, Higgs, and Cook voted aye; Commissioner Ellis voted nay.

Elliott Stone, 3538 North Harbor City Boulevard, Melbourne, representing Community Housing Initiative Trust, advised they are seeking Home Investment Partnership funds to meet the goal of providing housing while taking advantage of the private sector strength of efficiently producing it. He stated non-profit groups bridge the gap between the government and the private sector; and in this case, they are acting as the developer. He outlined the process which they went through; and advised the loan funds they are requesting will be used only for real construction costs. He stated the savings will allow them to charge the lower than market interest rates; and advised of the competition that exists for these funds. He stated the amount meets the construction financing gap; and the commitment will link the local government support with the State and private sector support. He described the proposed apartment complex.

Hugh Normile, 1495 South U.S. 1, Melbourne, representing Community Housing Initiative Trust, stated he has been involved in the permitting and approval process for this site; the project has been approved by the Melbourne City Council; and outlined the intrinsic benefits of the site. He advised the site meets the requirements of the City and all Code; it will have no net increase in drainage runoff; and it qualifies for all affordable housing for city and State. He advised the project complies with all requirements of the State Housing Initiative Program; the development is consistent with the Comprehensive Plan of Melbourne; and the project complies with the Melbourne Affordable Housing Incentive Plan. He noted the project is well down the road in terms of permitting. He advised the funding is critical to the process. He noted this is not public housing, but affordable housing; and the Board has an obligation to use these funds to provide this type of housing to the community.

David Petroni, 3538 North Harbor City Boulevard, Melbourne, representing Community Housing Initiative Trust, advised the rents are for those earning 40% and 50% of the median income; the two-bedroom units are 1,000 square feet; and there is a need for 930 units in this area. He stated the two-bedroom units are $289 for very low income; the three-bedrooms are $339; and the rents of the market are $525 to $650 for two to three-bedroom units. He stated the 60% median incomes will be charged $473 and $552 which is still below what the market has. He described the incentives for families to move out; and advised there will be access to affordable day care. He stated this is not warehousing; it creates a nice environment as far as safety issues; there has been input from the community; and they are requesting $179,000 to compete in the State funding allocation.

Thomas Michalski, 3325 Rivercrest Drive, Melbourne, outlined his credentials and experience. He stated in Brevard County there are almost 14,000 single parent families headed by women and another 4,300 headed by men; and 11.7% of the total households have incomes of less than $10,000. He advised a variety of housing types is needed for a variety of housing needs including the very poor. He noted the project lies in an area which is all new housing, and there is no situation such as on University Boulevard. He expressed intent to look into rehabilitation projects in the future; advised he is on the board of C.H.I.T.; and stated government incentives are necessary to finance and provide seed money, and then the private sector can build and rent housing units.

Pat Merrill, 1400 Jernigan Avenue, Melbourne, advised the developer reflects her own perception of the County's critical need for decent housing at an affordable price. She advised with such limited affordable housing, instability is the condition of life for minimum wage employees; and there are young children, families and elderly people in this condition. She stated Willow Brook Village would ease the pressure on the existing housing at lower levels; and landlords might be stimulated to do greater maintenance. She advised Community Housing Initiative Trust has committed to stay involved with the project for thirty years to insure affordability; and the developer's involvement in the wider community has proven its sense of responsibility and commitment. She requested approval of the project.

Commissioner Ellis requested a breakdown on the rents; with Mr. Petroni responding the projection was for seven units at $289, five units at $339, eighteen units at $473, and twenty-seven units at $552.

Chairman Higgs inquired about the interest; with Mr. Petroni explaining the rationale behind the interest structure. Chairman Higgs inquired if the loan is paid back in its entirety at 7%. Mr. Stone advised it is an 8% loan with 7% interest deferred until the end of the term, at which time a balloon will be paid. Chairman Higgs stated it is not amortized monthly or paid monthly; with Mr. Stone responding that is correct; it is interest payment only.

Commissioner Ellis stated it is inverted in that not only is the principal waived until the end, but so is the accrued interest. Mr. Stone advised this works in the County's favor. Mr. Stone advised it had originally been structured as 7.5% interest, and pay the whole interest; but it was found there was no benefit according to the State competitive cycle in doing that because there is only a 2% differential between that and a market rate interest rate.

Commissioner Cook expressed concern about the rental rate. He stated the rents sound high; and he has never paid that much in his life; but he may be out of touch. He noted the Housing Council could not review this after the funding was changed. Ms. Slater advised of problems in getting a quorum of the Housing Council to vote on the change in financing for the two projects. Chairman Higgs inquired if there is a payback on the other two projects. Ms. Slater advised the Housing Council looked at all three projects; the first one, because staff wanted to separate the 1993 money from the 1994 money, it was increased by $9,000; and the other two had changes in financing due to shortage of funds at the State level. She noted the Highland Woods project is going through bonds which costs a little more, but provides a good chance of getting money; and the payback is the same. She stated Mr. Petroni's C.H.I.T.'s project needed to go another route to get the financing and the payback had to be changed. Commissioner Cook stated he would have felt better if the Housing Council had reviewed all of them after the changes.

Mr. Petroni advised development has been underwritten not only by the State of Florida, but they have a construction and permanent financing commitment that they paid for, which includes the pro forma runs that were presented to the Council at a 7.5% payback of cash flow. He advised they are paying back more with the twenty-year balloon and increased interest rate at a later period; and this design is similar to a State program. He advised of the structure of the financing.

Chairman Higgs inquired if the payback is less or more than the Council originally reviewed; with Ms. Slater responding it comes later and not as quickly, so it is more.

Commissioner Cook inquired if Mr. Petroni is going after all the State HOME funds as part of the financing for the project. Mr. Petroni responded the State had $3.5 million of HOME funds; there is $1.76 million left; and explained the method of award. Ms. Slater advised if this project had the highest score, they would get it. She advised it is competitive; and they are asking for the whole amount. Commissioner Cook inquired if that is likely; with Mr. Petroni explaining the process. Ms. Slater advised this project will be competing against everyone in the State of Florida for those funds; that is one of the reasons why there are $200,000 of regular activity funds that are not CHDO funds; and they wanted to set the deadline for December, 1997. Commissioner Cook expressed concern that this could tie up activity funds if it does not turn out to be a viable project that could be used for other uses. He advised he would rather assist people to purchase homes than look at affordable housing as rental units. Mr. Petroni explained his position. Chairman Higgs inquired how long is the County committing the funds; with Ms. Slater responding it is contingent upon negotiating an agreement; and it can include that either all the financing is completed by December, 1997 and/or construction by that date. She advised the funds will need to be expended by 1999.

Mr. Normile advised this is a transition program; and the ultimate goal is to have home ownership. Commissioner Ellis stated 80% of the units rent from $473 to $552; but he and his brother have houses in Eau Gallie on which they pay less than the rents; and inquired how someone can transition out of an apartment that costs more than a house.

Commissioner Cook stated he will not support this; he pays $307 in rent; and he cannot see $473 and $552 as being affordable housing.

Chairman Higgs stated the objection is that it is a market rent instead of below market value; with Commissioner Ellis agreeing. Chairman Higgs stated she will support the project; it has been approved; and it is below market rents based on what she has seen.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to deny funding of the Willow Brook Village project.

Commissioner Ellis explained his rationale for denial of the funding.

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

ATTORNEY JOHN EVANS, RE: AMENDMENT TO DEVELOPMENT CODE RELATED TO STORAGE WALLS John Evans, 1702 South Washington Avenue, Titusville, representing Goodson Paving, stated the company recently purchased property in the Cidco Industrial Park to start a new business; the property is zoned industrial as are the surrounding properties; and they will have a storage area in the back. He advised the Code requires a storage area on industrial-zoned property to be surrounded by a six-feet high masonry wall; the cost is an extraordinary expense for a start-up business, particularly since the property is being buffered from other industrial property; and he does not understand the requirement. He provided letters from abutting property owners indicating they have no problem with an alternative wall system. He noted he met with the Zoning Official who concurred that the Code may be stiff in this area, and amendment may be appropriate; and met with Commissioner Scarborough who agreed it would be appropriate to look at the Code for properties abutting other industrial properties. He stated Commissioner Scarborough requested he appear before the Board to ask for a motion directing staff to review this revision to see if an alternative form of fencing can be found that is more affordable.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to direct staff to develop an amendment to Section 62-1544(9)(b) of the Development Code relating to storage walls and look at alternative forms of fencing that are more affordable, and report to the Board prior to advertisement. Motion carried and ordered unanimously.

ZEKE NATIONS, RE: PROPOSED MSBU FOR HABITAT ROAD

Zeke Nations, 1900 South Harbor City Boulevard, Melbourne, representing the property owners of Habitat Road, stated the Board has been provided with all the documents for the personal appearance request. He requested the Board direct staff to proceed with the MSBU on the Habitat Road. He advised the property owners have complied with all requests of the County. He noted this project is much different than the other two projects which were presented in that out of thirty-nine separate parcels, there are thirty-three different property owners; this is not a developer trying to get the County to subsidize a subdivision; and these are individual property owners trying to get a road built so they can build houses.

Commissioner O'Brien noted Commissioner Ellis brought up a different way to do this. Commissioner Ellis stated under a cost sharing agreement, one person would pay the cost of putting in the road; each person pulling a building permit would then contribute back his share of the cost; and if you sat on your lot forever, you would never pay. Commissioner O'Brien stated almost every property owner is saying upfront they want to do the MSBU; he feels that Mr. Nations should be grandfathered in to allow him to do this; and enumerated some of the extenuating circumstances.

Chairman Higgs requested staff distinguish this request from an MSBU that comes up today. Engineering Director Susan Hann responded there are many different property owners, so it is not a subdivision development project being put forth by one or two property owners. Ms. Hann advised it is a small project in a localized area; and it has been going on for many years, with Mr. Nations working in good faith with staff and previous Boards, and followed the direction given to him at the time. She stated staff would not have any objection to proceeding with the project, given the Board's current policy on MSBU. Chairman Higgs advised she can distinguish this project from others; and explained her reasoning.

Commissioner O'Brien stated he supports it; but part of it should be if something in the project drives the cost up, the people are stuck with it, and the County is not. Mr. Nations advised the property owners are aware of that; he sent out petitions prior to this meeting, as recommended by staff; and out of thirty-three single vote owners, he received twenty yes votes and two no votes using a $12,000 per parcel estimate.

Commissioner Ellis inquired if that is a high enough percentage to continue; with Mr. Nations responding it is a majority. Chairman Higgs stated it would have to meet all of the criteria; with Ms. Hann advising it is 75% approval. Mr. Nations stated the petitions were just sent; and it takes a while to get them from out of the country. Commissioner Cook inquired if they will be verified by staff; with Ms. Hann responding it will go through the normal MSBU procedures. Chairman Higgs stated Mr. Nations was in the process prior to the Board changing the policy and acted in good faith for a number of actions that were taken.

Commissioner Ellis noted it says all lots are buildable; with Mr. Nations responding it says preliminary investigations with U.S. Fish and Wildlife Service and St. Johns River Water Management District show no unbuildable lots, but he is not guaranteeing that all lots are buildable. Commissioner Ellis expressed concern that if you have an unbuildable lot in an MSBU, you are still assessed. Ms. Hann stated the appropriate way to address that is in the preliminary assessment roll to advise the owners the County is assuming the property is buildable; and if owners believe the property is not buildable and wish to be removed from the assessment, they will inform staff in a timely manner, so it is on the record.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to approve proceeding with the Habitat Road MSBU Project, including verification of 75% approval of property owners and with all property owners informed of the mechanism to advise the County if their lot is unbuildable. Motion carried and ordered unanimously.

The meeting recessed at 3:53 p.m. and reconvened at 4:11 p.m.

*County Attorney Scott Knox's absence and Assistant County Attorney Lisa Troner's presence were noted at this time.

DISCUSSION, RE: SPEED HUMP REQUEST FOR SOUTH BANANA RIVER DRIVE

Commissioner O'Brien advised this does not meet the current criteria; and he would prefer to table this.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to table consideration of speed humps on South Banana River Drive to April 18, 1995. Motion carried and ordered unanimously.

DISCUSSION, RE: STORMWATER TAX ISSUES OF QUALITY AND QUANTITY

Bill Kerr, 326 Fifth Avenue, Indialantic, advised he is speaking as an individual, as Chairman of the Indian River Lagoon National Estuary Program, a Citizens Action Committee, and Chairman of the Marine Resources Council. He advised of the history of water quality control in the County, and the current requirements. He noted there are no funds available which allow a community to protect its water quality; reports were put out by the Water Management Districts; and the National Estuary Program is currently studying water quality within the Indian River Lagoon. He stated over the last four years the Stormwater Program has spent $1.1 million to provide master plans and baffle boxes; and it is projected to spend $2 million by the end of 1995 for the same projects. He advised in 1984, it was reported that there was $54 million revenue generated in Brevard County for commercial fishing and $14 million revenue generated for recreational fishing. He noted $3.1 million is a considerable amount of money, but it is a minimal amount of money to protect those industries. He advised there is no way to improve the water quality coming off of projects constructed before 1978; the only way to reach the water quality improvement is through the funds supplied to the Stormwater Utility; and urged the Board to allow that program to go into effect to protect the Indian River Lagoon and the St. Johns River from further degradation. He enumerated things which cannot be prevented; and advised the only way to improve the water quality is to go after the projects constructed before 1978 through the Stormwater Utility Program. He urged the Board to not decrease the budget for those projects.

Commissioner O'Brien commended Commissioner Ellis for trying to cut something; but advised the Stormwater Tax was created to clean up the rivers which is important. He noted water quality and quantity are inseparable; and revenues created by this tax are ready to attack drainage problems and flooding, and is a dedicated funding source.

*Assistant County Attorney Lisa Troner's absence and County Attorney Scott Knox's presence were noted at this time.

Commissioner O'Brien stated gas tax fees cannot be used; and explained the consequences of cutting stormwater taxes and using gas taxes. He stated water quantity projects almost always require water quality improvements in order to obtain permitting; and the Stormwater Utility Ordinance and the enabling Statutes allow for capital construction addressing quantity and quality issues. He noted 30% of the current stormwater utility funding is applied to correction of existing drainage deficiencies; and the Board recently adopted uniform policy for construction of capital improvement projects which address both issues and encourages jointly funded projects. He advised the Board directed Surface Water Improvement Division and the Public Works Department work together to address both issues; gas tax funds cannot legally be used for drainage improvements not directly related to road construction, maintenance or operation; and the stormwater utility fees provide a dedicated funding mechanism for capital improvement projects which address quality and quantity issues. He noted existing funding sources for routine maintenance of road and bridge operations are inadequate; and prioritization may provide some relief on these issues; but reducing the stormwater utility fees would limit the ability of the County to address surface water infrastructure deficiencies where no alternative funding source currently exists. He stated the size of the County's surface water capital deficiencies far exceeds the combined funding sources of the Stormwater Utility and Public Works funding; the water quality deficiencies alone have been estimated at more than $300 million; and development of a Countywide master plan which identifies both quantity and quality deficiencies in order to provide adequate information for prioritization and development of a drainage CIP is recommended by staff. He described the District boundary approach; and advised staff does not recommend alteration of this policy. He stated limiting stormwater utility funds to water quality issues only precludes Surface Water Improvement staff from involvement in technical assistance necessary to address water quantity issues such as North Merritt Island. He advised the program is not to build roads; the premise of the tax is to clean up the water before it gets back into the rivers; and there is an agreement that can be reached. He expressed concern about the state of the rivers; and advised it is time to address these issues.

Commissioner Ellis advised a commitment is needed that the flooding problem will be addressed; and that is what brought this on in the first place. He stated things have taken new directions in the last few months with the restructuring of Surface Water Improvement going under Public Works; but that has not always been the case. He advised the program was sold as addressing quantity and quality; and noted Commissioner O'Brien is right that water projects to improve conveyance almost always require water quality improvements; but the opposite is not true. Commissioner Ellis stated the intent was to address flooding and cleaning the water; and there can be projects that are strictly quality, but do nothing for quantity. Chairman Higgs advised that is what the policies the Board adopted said would be done. Commissioner O'Brien stated that problem is already fixed.

Commissioner Cook stated he cannot support it; he has no problem looking at the stormwater tax as part of the budget process; and expressed concern about the quantity and quality issues. He stated there is an overriding idea that the tax is only meant to address quality issues; but it was sold to the public as quantity and quality. He stated the money must be used to address the drainage problems as well as the quality problems.

Surface Water Improvement Director Ron Jones advised staff is already addressing both; however, the primary focus of the presentations was quality. He stated water quantity projects were never precluded; they are currently being done; and what is anticipated is working together as a group of organizations to resolve some of these issues.

Commissioner Cook concurred; and stated those presentations were given to small groups; but he is talking about the general public's perception which was this was flood control. He stated the County cannot forget its drainage problems.

Chairman Higgs advised she thought it was quality, not quantity; but as she read the information and the Ordinance, she decided both items have to be addressed.

Commissioner Ellis stated there was a shopping list of deficiencies at the workshop; and expressed concern that if all the money is tied up with quality issues, there will not be anything handling the quantity.

Chairman Higgs stated the Board can review each project as it comes forward.

Commissioner Ellis stated he would like to get a plan from Public Works on how the deficiencies are going to be addressed. Chairman Higgs inquired if Commissioner Ellis plans for it all to be done in one year; with Commissioner Ellis responding he does not plan for it all to be done in one year, but he expects a plan can be developed. Commissioner Cook stated the Board can look at that during the budget process; and inquired how much is in reserve in the Stormwater Fund. Mr. Jones responded at this time due to banking for several large projects, there is $7 million in reserve; most of those funds are committed for hard projects that are in the permitting or land acquisition stage; and in terms of the list that was given at the workshop, each time it rains, there are new problems. He stated addressing where there were problems during this storm event is not indicative of the overall needs Countywide; and recommended some of the stormwater utility funding be expended to provide for an overall review Countywide, to bring back to the Board the information necessary for some prioritization. Commissioner Cook inquired if this would require a consultant; with Mr. Jones responding it could be done under a consultant or partial consultant/partial in-house effort, but it is a large job. Commissioner Ellis stated there are areas where the conveyance is undersized. Commissioner Cook noted it is not the first time there has been a problem with the area on Fiske Boulevard. County Manager Tom Jenkins advised Public Works Director Henry Mineboo is proceeding with a plan; and he will get that information to the Board. Commissioner Ellis reiterated it was sold as a quantity and quality issue, and needs to address both. Commissioner O'Brien stated it has been redefined as a quality/quantity issue; and that is why the two departments have been combined. Commissioner Ellis stated he wants to be sure some of the water quality projects do not cause flooding.

Chairman Higgs stated she has asked which projects have been turned down due to district boundaries; and none have been. She stated funds have been pooled in order to overcome the district boundaries; and she does not think that is a problem. Commissioner O'Brien stated it is so political that if the boundaries are broken down, the program may collapse. Commissioner Ellis stated it seems you would address the worst point sources first regardless of where they may be in the County. Chairman Higgs stated she would like to see the program coordinate more closely between the existing deficiencies and future projects in the permitting side; and she would like staff to initiate discussions with the St. Johns River Water Management District concerning a closer relationship between the stormwater and the permitting for a one-stop stormwater permitting rather than a duplication of efforts. She stated there have been preliminary discussions; but she would like staff to bring back to the Board how the County might be involved as an agent of the St. Johns River Water Management District to avoid that duplication of effort.

Commissioner Cook expressed concern about the St. Johns River Water Management District dictating County policy.

Chairman Higgs stated if the County talks with the St. Johns River Water Management District about being the permitting agency, the County will have to comply with the St. Johns River Water Management District requirements; but it may make things easier for people. Commissioner Ellis stated the Board will get back the deficiencies list; with Mr. Jenkins responding affirmatively. Commissioner Cook stated the Board can get some information, but his concern is the County should not become a sub-agency of the St. Johns River Water Management District. Chairman Higgs advised the County will become a contracted agency of the St. Johns River Water Management District which will avoid a development having to go to two places. Commissioner Cook stated a symbiotic relationship is desired; however, too often that results in the St. Johns River Water Management District running the County.

Chairman Higgs noted she hears no interest; and suggested the Board move on.

DISCUSSION, RE: NORTH BREVARD HOSPITAL DISTRICT

Ida Blickley, 4475 Swift Avenue, Titusville, read aloud a letter from Christopher Skeldon explaining the proposed legislation regarding the North Brevard Hospital District and advising of his actions.

Bea Polk, 101 Riverpark Boulevard, Titusville, advised she has addressed the Board several times regarding the legislation; it has already been passed; and now there is a letter from Mr. Ruta expressing desire to wait until April 3, 1995. She stated she cannot wait until April 3, 1995 for another meeting; there is a hospital attorney at $150 an hour without Board approval; and this is what the people have to put up with when they fight politics. She inquired who represents the taxpayer who pays the bills; and stated the people need the Board's help. She expressed concern that money will be taken from Brevard County to Orange and Volusia Counties; and inquired what security do the taxpayers have. She noted the taxpayers have been paying for thirty-eight years; and all the taxpayers are asking for is a referendum. She stated if the vote is not sell the hospital, it will stay as it is; but if it is sold, the money will go back to help North Brevard. She advised of problems in North Brevard; and reiterated all she is asking for is a letter which she will take to Tallahassee. She inquired how the letter dated March 21, 1995 was received yesterday by the District 1 Commissioner, but was not faxed to the other Commissioners until this morning. Commissioner Ellis noted he received the letter late last night. Ms. Polk expressed concern about comments regarding Mr. Skeldon. She stated if the legislation passes without an amendment, and the money disappears, it is on the Board's shoulders as well as the taxpayers.

Harry Jones, 11 Max Brewer Causeway, Titusville, General Counsel for the North Brevard County Hospital District, noted he does not have a copy of Mr. Ruta's letter; but the Board appoints the majority of the North Brevard County Hospital District, which is otherwise an independent district. He advised the memorandum which the County Attorney provided to the Board is accurate in its description of the public hearing. He described the thrust of the proposed legislation. He noted the County Attorney also provided the Board with a copy of the legislation Mr. Skeldon left at his office, which he saw for the first time last Thursday; there were standing committee meetings at the hospital last evening; and the board will meet again a week from Monday, at its regular meeting. He advised the board is expected to take up the new proposed legislation at that time. He requested the Board allow the North Brevard County Hospital District Board the opportunity to review the proposed legislation; and advised the North Brevard County Hospital District Board will come back to the Commission any time for discussion. He stated he is not speaking for the North Brevard County Hospital District Board; but the Chairman of the Legislative Committee is present to confirm what he is saying. He noted very few of the North Brevard County Hospital District Board members have received the legislation yet to read. He stated the legislation that is currently in Tallahassee is intended to improve service to the North Brevard area; and requested additional time for he and the County Attorney to review the new proposed legislation. He noted there are constitutional and statutory issues to be reviewed whenever legislation is drafted.

Commissioner Ellis inquired if there is no intention of going out of the County; with Mr. Jones responding the hospital does not serve any patients outside the County; and the legislation says the hospital wants to be able to serve the patients in the service area. Commissioner Ellis inquired if there is some rule that prohibits treating people outside the district; with Mr. Jones responding they can be treated, but the hospital cannot establish facilities outside the district. Mr. Jones noted under the current legislation, they cannot do anything but maintain a hospital; if the people of Port St. John wished a medical facility, that could not be done; and the legislation was primarily a result of that concern. Commissioner Ellis inquired if the legislation would allow the hospital to build a branch further south; with Mr. Jones responding there is a physicians' office building, but no facility to serve children who have had accidents outside of normal office hours. Commissioner Ellis inquired if the legislation addresses more than the ability to put up another building; with Mr. Jones responding it also addresses the ability to develop a laboratory jointly with, for example, Wuesthoff Hospital. Mr. Jones noted the legislation makes it clear that if anything is done outside the current district lines, tax dollars are not to be used. Commissioner Ellis inquired how are tax dollars defined and would not all dollars the hospital has be tax dollars; with Mr. Jones responding they would be public dollars, but not tax generated dollars; and they would belong to the taxpayers who own the district. Mr. Jones advised the source of funding will have to be internal, generating its own support from its own revenue; and explained how the District Board approaches the projects. Commissioner Ellis noted many of the concerns have been about going into a joint operation with another hospital which may bleed down the reserves of the North Brevard County Hospital District. Mr. Jones advised the legislation will not allow the reserves to be used. Commissioner Ellis noted Mr. Ruta's letter advises there was a law enacted by the Legislature which specifically addressed the means by which the hospital could be sold and how the proceeds could be used; and inquired if that is a function of the enabling legislation. Mr. Jones advised the enabling legislation specifically addresses the referendum to sell the hospital and the use of the funds if such a sale did occur. Commissioner Ellis stated there is an ability to hold a referendum; and inquired what generates that action; with Mr. Jones responding recommendation of the Hospital Board to go to referendum. Commissioner Ellis stated anything the Board of County Commissioners put on would be a straw ballot and not binding. Mr. Jones advised that is his opinion, but he would appreciate Mr. Knox's input. Commissioner Ellis noted the Legislature could take action; with Mr. Jones advising the Legislature cannot change the Constitution. Mr. Jones stated Article 8, Section 4 of the Florida Constitution is not specific, but talks about the relative rights of the different counties and districts within the State.

Commissioner Cook stated there is always the option for a straw ballot. Commissioner Ellis stated there would not be an opportunity until March, 1996 for a straw ballot. Mr. Jones advised the North Brevard County Hospital District Board is anxious to keep up the dialogue, but wishes to meet first on April 3, 1995. Commissioner Ellis inquired if the Board will get further information; with County Attorney Scott Knox responding only if staff monitors it. Chairman Higgs stated that is the job of the Economic Development and Legislative Affairs Director. Commissioner Ellis stated the Board needs to keep up with the issue.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to direct the Economic Development and Legislative Affairs Director to monitor the legislation concerning the North Brevard Hospital District, and report to the Board on the status at the first meeting in May, 1995. Motion carried and ordered unanimously.

DISCUSSION, RE: CLEAN UP CRIMINAL CORRUPTION IN BREVARD COUNTY

Dana Brown, P.O. Box 320932, Cocoa Beach, demanded the immediate discharge of Sheriff Miller; and stated Chapter 876.05, Florida Statutes, requires all employees of the State of Florida or any of its departments or agencies, subdivisions, counties, cities and all candidates of public office to take an oath or affirmation to support the Constitutions of the United States and the State of Florida. He advised the oath is intended to cause all public servants to protect the rights of all people within the State of Florida; and the Declaration of Independence also states that "to secure these rights, governments are instituted." He stated the purpose of government is to protect the rights of the people; and rights are given by God, not a privilege or license granted to the people by the State. He stated Chapter 876.06, Florida Statutes, requires the governing authority to immediately discharge any person who fails to execute his oath of office to support both Constitutions; and read aloud from the Statutes. He advised the scope of the law applies to all employees and elected officials of the State, including the governor and Constitutional Officers as well as all employees and officials of cities, towns, counties and political subdivisions including the educational system. Mr. Brown stated Sheriff Miller is an elected official and Constitutional Officer of Brevard County; the mandatory discharge statutes apply to him; and the governing authority which is the Board of County Commissioners is required by law to discharge the Sheriff for his failure to execute his oath or affirmation of office. He advised of the penalties for not discharging; and stated those aiding and abetting anyone levying war against the people of the United States are guilty of treason, which may have a penalty of death. He reiterated his demand for the immediate discharge of Sheriff Miller, an appropriate public investigation of criminal activities in Brevard County, prosecution of guilty parties, and diligent pursuit of all related matters.

George Brown, P. O. Box 320932, Cocoa Beach, stated he has been submitting material a little at a time; but cannot present all the information in the allocated five-minute period. He submitted written materials. He stated his home has been taken; and the Sheriff's Department was involved in it. He explained the circumstances of the incident; and advised the Sheriff tried to shut him up because he was digging into organized crime operating in the County. He noted the first case discusses the corrupt court; the Sheriff is the Executive Officer of the court; and the Sheriff is responsible. He described the issues involved in the case including illegal seizure of property. He stated Brevard County needs cleaning up; there are corrupt operations in the Securities Markets involving the sale of bogus counterfeit receipts; and people have been put in prison as excuses to cover their operations. He stated in 1964 the New York Stock Exchange got its computer on board; in 1964 to 1974 it repeated three cycles; he recognized this; and he lost $148,000 overnight. He noted before that he took $5,000 and made $135,000 in less than six months; what he did was right; but the operation is a scam. He stated when he began to investigate, he was warned to stop or else; and when he did not stop, they destroyed his family. He noted one son has come back to help; he survived in the forest with a tent for twenty-two years; and now has a truck. He stated they took his car; they took his home; they took his family; and there is corruption in Brevard County.

Jim Brown, Cocoa, stated he is no relation to the previous speakers. He advised he is filing criminal civil actions in the federal court with the Commissioners' names on it; the Clerk of Courts has issued fraudulent warrants for his arrest; even though he has repeatedly informed the Board of this, it has failed to take action; and the Commissioners have not upheld their oath. He noted the Sheriff's Department has harassed him to the point his wife left him; he has been forced out of his job; he is being forced out of his home; and the Commissioners support and defend these actions. He noted he filed suit against the County, and the County Attorney never answered the complaint. He reiterated his complaint against the Sheriff; and advised he is serving notice that he is filing complaints with the Commissioners' names on them.

Carl Gorton, 215 South Courtenay Parkway, Merritt Island, stated he served a thirty-month sentence in federal prison for an attempt to perform a citizens arrest on agents of the federal government and the County, operating under the color of law without warrants; and he is facing trial a second time for the same incident, for a possible thirty-year sentence. He advised of his background in the County; and stated he now conducts a Christian ministry. He noted those bodies most disinclined to listen to him are those composed of politicians and attorneys; attorneys control government; but according to the Thirteenth Amendment to the Constitution, those who bear titles of nobility, such as Esquire, have no standing in any public bodies. He stated it is time for a new American revolution; and there is an abundance of regulation, but no justice. He stated Sheriff Miller's claim that those in the Brevard County Jail are the worst of the worst is a lie; many of the inmates should not be incarcerated at public expense; and suggested establishing an independent investigating committee to review at least 10% of those presently incarcerated to determine whether the taxpayers are being protected by the law enforcement growth industry. He advised five years ago he gave the Board a copy of The Revelator which he writes and publishes; there is a new Board composition now; and he will provide copies to the Commissioners in the immediate future.

Commissioner Ellis inquired which part of the Jail was Mr. Gorton in; with Mr. Gorton responding he was in Pod 200 which is the medical unit for thirty days.

Chairman Higgs inquired if the Board has the ability to remove Sheriff Miller. County Attorney Scott Knox advised that ability is reserved for the Governor and under the Charter, anyone wishing to have Sheriff Miller removed has the ability to initiate a recall.

Commissioner Cook inquired if investigating criminal activity would be under the purview of the State Attorney; with Mr. Knox responding yes, if it is criminal activity. Commissioner Cook stated the Board could not initiate that; and it would have to go through the State Attorney. Mr. Knox advised the Board has no jurisdiction over Sheriff Miller except for his budget.

Commissioner Ellis stated a charge was made that property was seized and a house was searched without a warrant; and inquired if the Board could get more information. Assistant County Attorney Shannon Wilson stated she has done some checking on the allegations and can advise the Board with respect to the facts that have been alleged in the State Attorney's case. Commissioner Cook expressed concern that the Board has no jurisdiction over the Sheriff; but stated he would like to get more information.

REQUEST, RE: BOARD DISCUSSION AND/OR ACTION ON BREVARD'S HOMELESS COUNT AND PROFILE

Sharon Spry, 823 Florida Avenue, Cocoa, stated she is part of the committee that has come together to count and profile the homeless in the County; the current figures are estimates based on State formulas; they are based on service providers; and at the present time since there are no services on the beach, the homeless on the beach are invisible and uncounted. She stated they received a grant through Community Housing Initiative Trust to do this count; Human Services and the Public Health Units are participating; and a homeless gentleman in Cocoa and two homeless gentlemen in Cocoa Beach are counting their areas. She stated the group needs no money from the County; but requested an endorsement of the project.

*County Attorney Scott Knox's absence and Assistant County Attorney Shannon Wilson's presence were noted at this time.

Ms. Spry stated during a discussion of the homeless, there were no homeless individuals at the table; and no one ever asked the homeless what they needed. She stated the only thing she is hearing consistently from the homeless is the desire for a better paying job, noting all of the homeless she has met are working. She stated they want a better paying job so they can afford housing.

David Petroni, 3538 North Harbor City Boulevard, Melbourne, advised he is the Executive Director of the Community Housing Initiative Trust; in January, a grant was received from the Gannett Foundation; and in July, 1994 the Board of Directors commissioned the capital contributions campaign as a non-profit group to incorporate a profile and count of the homeless in the County. He explained the reason for the count; and advised of other participants. He stated they are organizing a one night count on the street as well as a shelter assessment. He stated they intend to carry forth for a long term assessment and analysis on various levels; and advised of one item which has not been approved. He read aloud from a mission statement.

*Assistant County Attorney Shannon Wilson's absence and County Attorney Scott Knox's presence were noted at this time.

Mr. Petroni advised the group has been working with Jacksonville which has a yearly account. He noted business and industry are not behind the group at this time; and he is unsure how to proceed to work with them. He advised of presentations he made to various groups. He stated an endorsement, recommendation or resolution from the Board may garner the additional support they desire. He noted they are talking about mobilizing 100 volunteers on one night and coordinating that in various levels.

Chairman Higgs stated the request is to support the count. Mr. Petroni responded that is correct; and there is no funding request involved.

Commissioner O'Brien stated a count may help the homeless problem; and the committee has only asked for an endorsement. He stated he would like to see a letter endorsing the count, and commending the group for its work.

Commissioner Cook stated he does not mind a letter, but would like to see it come back to the Board. He noted he did not receive any background material; but agreed to having a letter come back to the Board for approval.

Commissioner Ellis stated he does not support the idea; there are programs now to assist families; he spent six months working in the labor force when he got out of school; and advised the problems of many of these people are deep rooted. He advised he will not support the program. Chairman Higgs noted it is not a program; with Commissioner Ellis advising that is where it will lead.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to table consideration of action on the Brevard County homeless count and profile until April 4, 1995.

Chairman Higgs stated she is not going to support the motion because she would like to respond to the comments.

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

Chairman Higgs stated all they are asking for is to get a realistic count of the number of people encountering the problem; if you do not know the number, programs can be driven ineffectively; and sometimes they are totally inaccurate. She stated the group is not asking for anything other than support.

Commissioner Ellis stated there are already programs for homeless families which are funded now; and inquired what are they going to do after they get the count. Chairman Higgs stated they can define if there is a problem and if there are adequate services. Commissioner Ellis stated there are not many services the County can provide to turn many of these people around; in a family situation, there will be an attempt to turn the situation around; but single adult males are a different issue. Commissioner Cook stated he needs more information. Commissioner Ellis stated the more facilities are built for homeless males, the more homeless males will come to the area.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to table consideration of action on the Brevard County homeless count and profile until April 4, 1995. Motion carried and ordered. Commissioners O'Brien, Higgs, and Cook voted aye; Commissioner Ellis voted nay.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: ROCKLEDGE PARK TENNIS COURTS CONSTRUCTION

Bob Dahn, 1771 Wavecrest Avenue, Merritt Island, representing the Rockledge Tennis Association, stated a program was started eight years ago to get soft tennis courts made; at that time they met with the Board, and were told no money was available; and they started a fund to build the courts. He advised of actions taken by the public to collect money; and advised they have put $13,000 in escrow to the City of Rockledge to help build the courts. He advised he plays tennis; and there is a definite trend from hard courts to soft courts because of the injuries involved. He noted the United States Tennis Association has gone from a preponderance of hard courts to soft courts and eventually most of the hard courts will be eliminated because of the injuries. He noted some people say the courts are not in use; and advised of team tennis and individual use.

Walter Tegnazian, 937 Pelican Lane, Rockledge, advised he moved to the area because he is a tennis fanatic; and tennis and Florida are synonymous. He noted he opposes the construction of the soft tennis courts; and inquired what is the need and the cost effectiveness. He advised of his playing habits; and noted there are a decreasing number of players. He stated he was advised by a Recreation employee that in the evenings at Rockledge all eight courts are in use; but frequently there is a vacant court; and there is no one waiting. He inquired why is there a demand for soft courts; and stated his preferences. He noted he is 69; he plays on the hard courts; and he does not find anything detrimental to his health. He stated many of those who injure themselves are out of condition and overdo it. He advised of courts a mile west on Fiske Boulevard which are available, but which cost $8 an hour to play. He advised of Dr. Spitzer's belief that the Tennis Association sabotaged his business because they wanted courts in Rockledge at taxpayers' expense. He explained why most municipalities construct hard courts; and outlined the maintenance necessary for clay courts. He expressed concern that there are other needs in the County; and advised one of the soccer fields will be taken over by this tennis complex.

Commissioner Cook inquired if the courts will be open to the public and what the charge will be; with Parks and Recreation Director Charles Nelson responding it will be $4.50 per court prime time and $3.50 per court off time. Commissioner Cook inquired what is charged at Fee Avenue; with Central Area Parks Operations Director Jack Masson responding at Fee Avenue in the City of Melbourne the charge is $3.00 for non-residents and $2.00 for residents; and there are two older courts which get considerable play. Commissioner Cook inquired if the proposed courts will be public courts; with Mr. Masson responding affirmatively.

Chairman Higgs inquired about the other clay courts within a short distance; with Mr. Nelson responding those courts are privately owned, and the property is currently for sale. Mr. Nelson advised the Rockledge Tennis Club started raising funds for the courts prior to the other courts being constructed; there was an attempt to build a tennis club there; and it was not successful. Commissioner Cook inquired if there would be any distinction between Rockledge residents and anyone else with regard to the courts; with Mr. Nelson responding the Special Taxing District residents would get a lower rate, but it is open to all County residents.

Commissioner Ellis inquired about the maintenance cost; with Mr. Nelson advising they are more expensive to operate; the maintenance will be contracted; and there is an estimate of $10,000 a year for four courts. He stated part of the cost is for the supervision of the courts; and a conservative revenue estimate has been given.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to authorize permission to bid, award to low bidder, execute contract, and approve Budget Change Request for Rockledge Park Tennis Courts Construction. Motion carried and ordered unanimously.

The meeting recessed at 5:52 p.m. and reconvened at 6:08 p.m.

*Commissioner O'Brien's absence was noted at this time.

ACKNOWLEDGE ORDINANCES FROM CITY OF WEST MELBOURNE, RE: VOLUNTARY ANNEXATION OF CERTAIN REAL PROPERTIES INTO CITY

Chairman Higgs stated she has no problem with the annexation; but she has concerns and would want staff to discuss the road situation with the Town of West Melbourne. She inquired if the County has a choice in this. Assistant County Manager for Community Development Dean Sprague responded no; the County has 30 days to respond to an annexation; and suggested staff be given the opportunity to talk to the municipalities about the way the annexation are occurring because a lot of the roads and drainage issues which are where most of the costs are incurred are not being annexed, leaving the County to carry the burden. He recommended the Board approve this item, but give staff the ability to begin the discussion; and advised this is a small parcel. Chairman Higgs inquired if there are roads in this piece; with Mr. Sprague responding no. Mr. Sprague recommended a longer term plan be worked out with the cities. Commissioner Cook recommended it go with the comment that the right-of-way and roads should be part of it; and stated that is the purpose of a 30-day comment period. Mr. Sprague agreed that could be done.

*Commissioner O'Brien's presence was noted at this time.

Motion by Commissioner Cook, seconded for discussion by Commissioner Ellis, to acknowledge Ordinance No. 95-6 from the City of West Melbourne regarding voluntary annexation of certain real properties; and direct staff to begin discussions with the municipalities regarding annexation of certain infrastructure along with parcels.

Commissioner Ellis inquired why are the properties being annexed into West Melbourne; with Mr. Sprague responding he is not sure. Commissioner Ellis noted West Melbourne has no property taxes and the parcels could get out of the MSTU's; but he does not know what West Melbourne would gain. Mr. Sprague suggested it might be sewer service. Discussion ensued on whether the City of West Melbourne provides sewer outside its boundaries. Commissioner Ellis suggested staff talk with the West Melbourne officials to see if the City is annexing smaller parcels into the City.

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

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING ADMINISTRATIVE CODE

County Manager Tom Jenkins stated this is actually two items; the first is updating the Administrative Code as a result of adoption of the Charter; and the second is a restructuring. He noted he submitted a second option on March 13, 1995 for the Board's consideration.

Commissioner Ellis stated he met with Mr. Jenkins and the outcome of that meeting is the second option. He explained his rationale for retaining three County Managers.

Commissioner Cook expressed support for two County Managers; and advised it is a positive move.

Commissioner Ellis explained that although the paper position was gone, the people were still there; and if one of the Assistant County Managers left in the future, it might be possible to regroup; but if all the personnel will still be here, the Board might as well take advantage of them.

Commissioner Cook stated that is up to the County Manager, although he says he will accept either option. He noted he prefers losing one of the Assistant Manager positions because it is a better line of duties and works better. He inquired if this includes the GIS; with Mr. Jenkins responding yes. Commissioner Cook stated he has been told by shifting this, the County will realize a 9% savings. Mr. Jenkins explained how that will occur. Commissioner Cook inquired if additional recommendations from the Growth Study Committee can be considered; with Mr. Jenkins responding the Committee has seen the proposal; and some members were supportive, with others not making comment. Mr. Jenkins stated this does not preclude anything the Committee may be recommending.

Chairman Higgs stated she will support the second option which she assumes is most acceptable to the County Manager.

Commissioner Cook stated the County Manager is saying he can accept either option. Mr. Jenkins stated he did the first option thinking there was a desire to reduce; but after meeting with Commissioner Ellis, who raised valid points, he had no problem supporting his concept; and either option is acceptable. Commissioner Cook expressed concern about having a Commissioner involved in structuring layers of County organization; stated the County has a professional Manager; and the Board should rely on his judgment. He noted he holds the County Manager solely responsible for the operation of the County government.

Chairman Higgs advised the action needed today is to advertise. Mr. Jenkins stated there are two issues; one is to advertise the Administrative Code update; and he would like to get some direction from the Board on the second item. Chairman Higgs inquired if the Code is separate from the restructuring; with Mr. Jenkins responding yes, it goes beyond the restructuring.

Commissioner Cook stated he would be more comfortable having the full Board present to consider this.

Commissioner O'Brien noted several changes in the administrative changes; with Mr. Jenkins advising the changes are all in the Charter. Commissioner O'Brien noted he has not had enough time to look it over and see if the changes are viable. Mr. Jenkins noted the restructuring ordinance would come back to the Board at a public hearing. Commissioner O'Brien stated he likes plan B for restructuring. Commissioner Cook inquired why are three Assistant Managers needed; and stated the County Manager is paid to determine who has what workload. He stated if the government does not work effectively, he will take that up with Mr. Jenkins; but that is not something the Commissioners should be involved in.

Commissioner O'Brien stated the only reason he does not agree with that is because the Board of County Commissioners is like a Board of Directors of a corporation; and the Commissioners should be able to speak to the County Manager about a plan that will affect the entire government. He noted spreading the workload across three Assistant Managers may be a viable option; Commissioner Ellis brought this forward; and he found the idea to be well thought out.

Commissioner Cook stated the County Manager works with the people every day; the Commissioners do not; the Commissioners are to vote on policy issues; and there's no way the Commissioners can allocate workloads. Commissioner O'Brien noted sometimes a person, in an effort to do a good job, can be overly ambitious; and it makes sense to breakdown the workload. Commissioner Cook inquired if the Commissioners should be making those determinations. He stated it is totally out of bounds for any Commissioner to tinker with something like this, especially under the Charter.

Chairman Higgs stated she understands Commissioner Cook's concern; and inquired which plan Mr. Jenkins prefers. Mr. Jenkins responded when he did the restructuring it was to deliberately reduce from three to two Assistant Managers; but since he has gotten feedback since then that there is no dissatisfaction with having three at the present time, he has no objection to leaving the three as currently structured. He explained other changes.

Commissioner Cook stated Mr. Jenkins is in an impossible situation.

Commissioner Ellis explained his rationale for keeping three Assistant County Managers.

Motion by Commissioner O'Brien, seconded by Commissioner Ellis, to approve Plan B for restructuring; and authorize advertisement of public hearing to consider the proposed amendment to the Administrative Code, Section 2-26 through 2-76. Motion carried and ordered. Commissioners Scarborough, O'Brien, Higgs, and Ellis voted aye; Commissioner Cook voted nay.

DISCUSSION, RE: REQUEST FROM VOLUSIA COUNTY ON PROPOSED COURT SERVICE FEE LEGISLATION County Manager Tom Jenkins advised this would allow the courts to impose an additional cost on each case, upon a felony conviction, to assist in recovering the costs to prosecute. Chairman Higgs inquired if the request is for a letter of support; with Mr. Jenkins responding affirmatively.

Motion by Commissioner O'Brien, seconded by Commissioner Ellis, to authorize the Chairman to send a letter of support for proposed legislation by Volusia County permitting the imposition of a court service fee on convicted felons. Motion carried and ordered unanimously.

PERMISSION TO HIRE, RE: TWO ADDITIONAL PERSONNEL FOR CLERK TO THE BOARD'S OFFICE

Chairman Higgs noted Clerk of Courts Sandy Crawford was present to speak to this item, but had to leave.

Commissioner Cook stated the County just went through a freeze where it saved a substantial amount for the taxpayers; and this should go through the regular budget process.

Chairman Higgs advised the Clerk wants to hire someone now.

Commissioner Cook stated it would be more appropriate if it was in the budget; the County had to tighten its belt and survived; and if the Clerk wishes to ask for additional positions in his budget, he can see that; but it is not appropriate now to act on something like this.

Chairman Higgs noted the Value Adjustment Board's demands are different than they were initially.

Commissioner O'Brien advised the Board could save the taxpayers $36,000 by reducing the number of Commission meetings and workshops. Commissioner Cook stated he would be happy to look at that proposal. Commissioner O'Brien stated the Board may be the driving force that causes the need for more personnel. Chairman Higgs advised the Board is certainly a factor. Commissioner O'Brien stated there are new duties of the Value Adjustment Board which impact the Clerk to the Board Office; and the Board may be able to help the Clerk by looking at the number of meetings it is having and how much paperwork is being generated, and finding ways to restructure the meetings. He suggested the Board look at how much responsibility can be given back to staff, so the Board will be the policy making entity it is supposed to be.

Chairman Higgs noted the County Attorney gave an opinion to the Clerk regarding the minutes and the records for the Value Adjustment Board. County Attorney Scott Knox responded he does not remember giving an opinion on this issue.

Commissioner Cook stated there have been more assertions this year than normal; but if two people are hired, they are permanent.

Commissioner Ellis noted the Value Adjustment Board only represents one-half man year.

Commissioner Cook reiterated if the Clerk wants to put this in the budget for next year, the Board can evaluate it. He stated it may be a hardship; but the County has been going through hardship; and he went through hardship in his office.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to disapprove the request of the Clerk of the Circuit and County Courts for two additional personnel for the Clerk to the Board Office. Motion carried and ordered. Commissioner O'Brien, Cook, and Ellis voted aye; Commissioner Higgs voted nay.

DISCUSSION, RE: FEASIBILITY OF VIDEO TAPING COMMISSION MEETINGS

Commissioner Cook stated the preference is to get a dedicated government channel; but perhaps video taping or laser disc taping would make Commission meetings available at libraries for people who cannot make it to the meetings.

County Manager Tom Jenkins advised of his discussion with Brevard Community College; and stated a session is planned in April, 1995 to discuss the specifics. He stated until the government channel becomes available, BCC may be willing to put it on at 10:00 p.m. and let it run in its entirety; and people could tape it on their VCR. He stated when the government channel is available, it would be a live telecast. Commissioner Cook stated that sounds good as long as it is not edited.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to table consideration of feasibility of video taping Commission meetings to May 2, 1995.

Commissioner O'Brien stated he would prefer the live telecast. He noted the cable companies showed the Shuttle for fourteen days straight without any sound; and if they can do that, they can show the Board live three days out of the month. Commissioner Cook stated this will be a real help to the community because there are people who cannot make it to the meetings. Commissioner O'Brien stated this is an important thing to bring the County together.

Commissioner Ellis noted the problem with going live rather than tape delayed is that people who cannot make the meeting because of work will not be able to watch. He stated the tape delay is important for people who work during the day to be able to see what happened. Commissioner O'Brien advised people can set their VCR's and use a six-hour tape. Commissioner Cook stated if BCC could air it at 10:00 p.m. in its entirety, that would be an excellent idea.

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

APPROVAL OF LAWSUIT SETTLEMENT, RE: DEBRA J. WILLIAMS V BREVARD COUNTY AND ERNEST L. BYERLY, JR.

Commissioner Cook inquired if the Board would have the option of looking at a different ratio. Assistant County Attorney Shannon Wilson stated the option is to proceed to trial; that is the extent of the limit of Mr. Byerly's insurance; they understand the risk of going to trial; and this is a business settlement on their behalf. She stated it is all or nothing for the County as well as the employee if it goes to trial. She advised either the County or the employee is responsible in this case; either the employee was acting outside the scope of his employment or he was not; and that would be a factual issue to be determined by the jury. She stated in this situation, if they go after the employee, all they will get is the limit of the insurance; and the County's exposure is much greater. Commissioner Cook inquired if people on call do not realize they are not to drink when on call; and stated it appears to be beyond the scope of the County's responsibility. He inquired if this is being done to avoid court costs; with Ms. Wilson responding this is in recognition of the seriousness of the injuries and the fact that Ms. Williams may need surgery in the future; but there is the option of going to trial and testing the perception the jury may have as to who was negligent. Commissioner Cook noted the employee was not doing any County-related activity. Ms. Wilson stated the argument will be the employee was on the way to work, and had the authority to use the truck to do what he was doing. Commissioner Cook inquired if the County can counter offer; with Ms. Wilson responding it can go back; and the Board does not have to approve it. Commissioner Cook inquired if the Board can counter offer 50-50. County Manager Tom Jenkins advised Mr. Byerly only has insurance to $10,000. Ms. Wilson stated their goal was the total figure, without regard for the split; and the bottom line is Mr. Byerly only has $10,000 to offer, so the County will provide the balance. Commissioner Cook noted one of the options was to propose a counter offer. Ms. Wilson noted she is not saying the County cannot propose a counter offer.

Commissioner Ellis stated he understands why the County is on the hook for the larger share; but he does not understand why the employee was not dismissed after this happened. Commissioner Cook agreed. Commissioner Ellis stated he sees the County's liability.

Motion by Commissioner Ellis, seconded by Commissioner Higgs, to authorize settlement of the lawsuit of Debra J. Williams v. Brevard County and Ernest Byerly, Jr. with the County paying $40,000.

Chairman Higgs stated the County's exposure is enough that the settlement makes sense. She called for a vote on the motion. Motion carried and ordered. Commissioner O'Brien, Higgs, and Ellis voted aye; Commissioner Cook voted nay.

Commissioner Cook stated this is out of the scope of what should have happened; and inquired if there is any accountability. Chairman Higgs requested the County Manager provide the Board with a memorandum addressing the problem. Commissioner Ellis stated the Board may need to address the merit system regarding offenses that would be cause for dismissal. Mr. Jenkins noted there may be extenuating circumstances; but he will research it and report to the Board.

APPROVAL, RE: STAFF APPOINTMENT TO PATRICK AIR FORCE BASE RESTORATION ADVISORY BOARD

Chairman Higgs advised she received a letter from the Patrick Air Force Base Restoration Advisory Board; each Commissioner made an appointment; and the Board has been requested to appoint a staff person. Discussion ensued on an appropriate appointment.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to appoint the County Manager or his designee to the Patrick Air Force Base Restoration Advisory Board. Motion carried and ordered unanimously.

APPROVAL OF TECHNICAL ADVISORY COMMITTEE RECOMMENDATIONS AND BUDGET CHANGE REQUESTS, AND AMENDMENTS TO DISBURSEMENT AGREEMENTS WITH CITIES OF ROCKLEDGE AND MELBOURNE, AND TOWN OF MALABAR, RE: TRANSPORTATION IMPACT FEE TRUST FUND

Commissioner O'Brien advised he does not have a chart to tell which Benefit Districts are which and where they are located; and inquired who decided this is where the money is going to go. Planner II Steve Swanke responded there are Interlocal Agreements with a number of cities which stipulate that funding recommendations will be prepared by a Technical Advisory Committee; the County appoints one representative; and each participating city in the Benefit District may appoint a representative. He advised this is where the projects are identified and amounts are recommended; they were subsequently brought to the Board for approval; and the Board approved previously the projects Commissioner O'Brien questioned. He noted the projects were completed under budget; funds are being returned to the Trust Fund; and pending approval of the Board, they will be appropriated for a new project.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to table consideration of the Technical Advisory Committee recommendations and Budget Change Requests, and execution of Amendments to Disbursement Agreements with the Cities of Rockledge and Melbourne, and the Town of Malabar for the Transportation Impact Fee Trust Fund until April 4, 1995. Motion carried and ordered unanimously.

AGREEMENTS WITH CITY OF CAPE CANAVERAL, TOWN OF INDIALANTIC, AND TOWN OF MELBOURNE BEACH, RE: LIFEGUARD SERVICES

Assistant County Manager for Community Services Joan Madden recommended approval of the Agreements, leaving the City of Cocoa Beach out as the City has voted not to participate.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to execute Agreements with the City of Cape Canaveral and the Towns of Indialantic and Melbourne Beach for lifeguard services from April 8, 1995 to September 4, 1995. Motion carried and ordered unanimously.

RELEASE OF CODE ENFORCEMENT BOARD LIENS, RE: PROPERTIES OF UTOPIA CIRCLE ON MERRITT ISLAND

Commissioner O'Brien recommended this go back to the Code Enforcement Board to correct the problems.

Assistant County Manager Stephen Peffer advised of the circumstances involving the properties of Utopia Circle on Merritt Island; and stated the Code Board would not have a recommendation to make in this matter. Commissioner O'Brien stated if you buy a property that is a bankruptcy, you know the title is clouded by a lien.

County Manager Tom Jenkins advised the properties were foreclosed on before the liens were put on; and this is more of a technical clarification. County Attorney Scott Knox advised typically this comes up when the attorney who is doing the foreclosure does not pick up the liens when doing the search or the lien was filed after Lis Pendens was filed which means it is not valid; and if one of those circumstances exists, the Board's lien does not stand a chance. Commissioner Cook stated the Board should release it. Mr. Knox advised if either of those circumstances exist, the Board should consider releasing the liens.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to execute Release/Satisfaction of Liens on properties at 110, 120, 265, 290 and 295 Utopia Circle, Merritt Island. Motion carried and ordered unanimously. (See pages for Release/Satisfaction of Liens.)

ATTORNEY JACK SPIRA, RE: CONSTRUCTION OF TURTLE MOUND ROAD

Chairman Higgs advised staff requested the item concerning construction of Turtle Mound Road be withdrawn. Assistant County Manager Dean Sprague clarified the item was withdrawn by the applicant to provide a greater opportunity to work with staff.

PUBLIC COMMENTS

Dana Brown, P.O. Box 320932, Cocoa Beach, advised people have the responsibility to read the laws of God and the laws of man; and read aloud Florida Statute 876.06 regarding the governing authority he referred to earlier. He read aloud from Florida Constitution, Article 8, Section 1(e) and from Florida Statute 125.10, relating to powers and duties. He read aloud from Florida Constitution Article 8, Section 1(d). He advised if the Board wishes to eliminate the Sheriff's Department, it can by contracting with the Titusville, Cocoa and Palm Bay Police Departments and getting voter approval in a referendum. He advised the Board has the right to impeach the Sheriff for ill conduct; and all he is asking is for enforcement of the laws that are on the books. He noted he is not asking the Board to impeach the Sheriff; he is asking that he be discharged; and explained the difference.

Commissioner Ellis stated under Charter government, abolishment of the office must be done by referendum. Mr. Brown advised he is not asking for the office to be abolished; but if the Board has the power to do away with the Sheriff's Department, it has the power to discharge the Sheriff. Commissioner Ellis advised the Board does not have that power without a Charter amendment which requires a referendum. Mr. Brown advised the Constitution provides these powers; and a vote is not necessary to remove the Sheriff.

Commissioner Cook stated it would take a change in the Charter; with Mr. Brown disagreeing.

Mr. Brown inquired if there will be a formal motion to take action. Commissioner Ellis advised he will not move to remove the Sheriff; and explained Mr. Brown's other options. Commissioner Cook stated the Board does not have the authority under the current Charter to discharge the Sheriff. Chairman Higgs advised Mr. Brown has the ability to initiate a petition to remove the Sheriff; and explained the procedure. Mr. Brown requested a copy of the Charter; with Chairman Higgs responding staff will be happy to provide a copy of the Charter. Commissioner Ellis stated it is fortunate the Commissioners do not have that power because three Commissioners could decide to remove the other two and anyone else.

DISCUSSION, RE: EXECUTIVE SESSION

County Attorney Scott Knox suggested the Board hold an Executive Session at 8:00 a.m. on April 4, 1995. Discussion ensued on a suitable time. The Board reached consensus to hold the Executive Session at 12:00 noon on April 4, 1995.

Upon motion and vote, the meeting adjourned at 7:05 p.m.

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

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