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

The Invocation was given by Bob Goldberg, Assistant Ritual Leader of the Congregation M?ateh Chaim.

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

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Minutes of August 22, 1995 Regular Meeting, August 23, 1995 Special Meeting, September 19, 1995 Regular Meeting, September 20, 1995 Special Meeting, and September 27, 1995 Zoning Meeting. Motion carried and ordered unanimously.

REPORT, RE: DELETION OF ITEM III.D.1.

County Manager Tom Jenkins advised Item III.D.1. was moved to New Business at the request of the Space Coast Rutter Busters; and the property owner of the site was not contacted regarding this matter, so he requested the item be deleted from the Agenda.

The Board deleted Item III.D.1. from the Agenda.

REPORT, RE: DEPARTMENT OF REVENUE?S INTEREST IN THE STADIUM

County Attorney Scott Knox advised he contacted the Department of Revenue concerning the subcontractor?s allegations on the Stadium; and it will start investigating that issue January 16 or 26, 1996.

REPORT, RE: HEMP GROUP LITIGATION (JASON CAMPBELL)

County Attorney Scott Knox advised the Hemp Group, Mr. Campbell and Mr. Guthrie sued the Board, and he requested permission to defend the suit; they have subsequently amended the complaint and named individual Commissioners who voted for the denial of the permit, Parks and Recreation Director Chuck Nelson, and him as parties; and under Florida Law, the County is required to provide defense for the individuals who are being sued, or pay for counsel the individuals retain. He stated they have not served anybody yet, but he wanted to bring that to the Board?s attention.

Chairman Cook inquired if the Board needs to authorize the County Attorney to defend; with Mr. Knox responding his Office can defend the County, but there may be a potential for diversion of interest. He stated he can contact different attorneys to determine if there is any interest in representing individuals.

Commissioner Higgs inquired if Mr. Knox will bring it back for action by the Board; with Mr. Knox responding yes, and he needs permission to contact attorneys to see if they would represent the individuals. Commissioner Higgs inquired if Mr. Knox could provide copies of those papers to the Commissioners; with Mr. Knox responding yes.

REPORT, RE: REMOVAL OF ITEMS FROM CONSENT AGENDA

Commissioner O?Brien removed Items III.B.15 and III.E.4; Commissioner Ellis removed Item III.B.23; and Chairman Cook removed Item III.B.14 from the Consent Agenda.

APPOINTMENT, RE: EMPLOYEE BENEFIT ADVISORY COMMITTEE

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to appoint Dan Nungesser, 920 Briarwood Boulevard NE, Palm Bay 32905, to the Employee Benefit Advisory Committee, representing District 3. Motion carried and ordered unanimously.

REPORT, RE: TENNIS COURTS IN SATELLITE BEACH

Chairman Cook recommended the County Manager contact Bill Belcher concerning tennis courts at Satellite Beach, as there is a Tri-party Agreement among the City, School Board and County regarding the tennis courts, and they are in disrepair. He stated he wants to know what the County?s obligation is, and if something needs to be done, it be brought back to the Board.

The Board did not object to the County Manager contacting Bill Belcher regarding tennis courts in Satellite Beach.

REPORT, RE: SCHEDULING CONSTRUCTION SUPERVISOR/ENGINEER ON AGENDA

Chairman Cook inquired if the Board has an interest in putting on the Agenda the Construction Supervisor for the new Justice Center to give the Board a progress report so it can keep abreast of what is going on; and if there is an interest, he will make the arrangements. There was no objection from the Board.

RESOLUTION, RE: NAMING FOREIGN FIRE LANE

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution naming a 25-foot wide flag lot stem in Section 16, Township 20G South, Range 34 East, as Foreign Fire Lane. Motion carried and ordered unanimously.

RESOLUTION, RE: NAMING HARBOR WOODS BOULEVARD, LANDINGS WAY, CATAMARAN DRIVE, AND BREAKWATER DRIVE

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution naming Harbor Woods Boulevard, Landings Way, Catamaran Drive, and Breakwater Drive in Section 36, Township 24 South, Range 36 East. Motion carried and ordered unanimously.

RESOLUTION, RE: NAMING SAMANTHA PLACE, JUNIOR AVENUE, AND PRICE AVENUE

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution naming Samantha Place, Junior Avenue, and Price Avenue, in Section 36, Township 24 South, Range 35 East. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: SUNSET LAKES, PHASE III

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to grant final plat approval for Sunset Lakes, Phase III, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: SEAGATE WEST, UNIT 2

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to grant final plat approval for Seagate West, Unit 2, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

CONTRACT WITH SIGNATURE DEVELOPMENT CORPORATION, RE: IMPROVEMENTS IN LIGHTHOUSE COVE

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Contract with Signature Development Corporation guaranteeing completion of infrastructure improvements in Lighthouse Cove. Motion carried and ordered unanimously.

CONTRACT WITH THE VIERA COMPANY, RE: SIDEWALK IMPROVEMENTS IN VIERA, TRACT FF, PHASE II

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Contract with The Viera Company guaranteeing sidewalk improvements in Viera, Tract FF, Phase II. Motion carried and ordered unanimously.

CONTRACT WITH THE VIERA COMPANY, RE: SIDEWALK IMPROVEMENTS IN VIERA, TRACT D-1

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Contract with The Viera Company guaranteeing sidewalk improvements in Viera, Tract D-1. Motion carried and ordered unanimously.

EXTENSION AGREEMENT WITH WILSON DEVELOPMENT, RE: SIDEWALK IN FOX BAY SUBDIVISION, 1ST ADDITION

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Extension Agreement with Wilson Development for sidewalk improvements in Fox Bay Subdivision, 1st Addition. Motion carried and ordered unanimously.

WAIVER OF EASEMENT EXCLUSIVITY, RE: JOSEPH GILLIN?S PROPERTY

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to waive exclusivity requirement for an access easement pursuant to Ordinance 93-27, making the lot owned by Joseph Gillin eligible for a building permit. Motion carried and ordered unanimously.

RELEASE/SATISFACTION OF LIEN, RE: SCOTT AND DIANE EFFLAND

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Release/ Satisfaction of Lien for Scott and Diane Effland, recorded in ORB 3516, PG 2264, as the Code Board fine of $200 was paid in full. Motion carried and ordered unanimously.

RELEASE/SATISFACTION OF LIEN, RE: RODNEY AND PEGGY McGEE

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Release/Satisfaction of Lien for Rodney and Peggy McGee, recorded in ORB 3526, PG 4764, as the Code Board fine of $200 has been paid in full. Motion carried and ordered unanimously.

BUDGET CHANGE REQUESTS, RE: BUDGET AMENDMENT FOR METROPOLITAN PLANNING ORGANIZATION

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve Budget Change Request amending Fund 0360, Brevard Metropolitan Planning Organization, for supplemental grant, Sunshine Cycle grant, Florida Transportation Disadvantaged grant, Federal Transit Administration grant, and Public Law Accounts. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 TO AGREEMENT WITH SOUTHEASTERN PRINTING COMPANY, RE: BREVARD COUNTY HISTORY BOOK, VOLUME 1

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve Change Order No. 1 to Agreement with Southeastern Printing Company, for the Brevard County History Book, Volume 1, increasing contract price by $1,427.00 due to paper cost increases, text changes, and protective coating. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF ORDINANCE FROM CITY OF MELBOURNE, RE: VOLUNTARY ANNEXATION OF REAL PROPERTIES

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to acknowledge receipt of Ordinance No. 95-05 from the City of Melbourne annexing approximately 20.756 acres valued at $800,370 into the City pursuant to Chapter 171, Florida Statutes. Motion carried and ordered unanimously.

RESOLUTION SETTING PUBLIC HEARING, RE: VACATING L-14 CANAL RIGHT-OF-WAY - ROBERT E. STITZEL

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution setting public hearing for February 6, 1996, to consider vacating the L-14 canal right-of-way as petitioned by Robert E. Stitzel. Motion carried and ordered unanimously.

RESOLUTION SETTING PUBLIC HEARING, RE: VACATING PUBLIC UTILITY EASEMENT IN COPPERFIELD SUBDIVISION - LENNAR HOMES, INC.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution setting public hearing for February 6, 1996, to consider vacating public utility easement in Copperfield Subdivision as petitioned by Lennar Homes, Inc. Motion carried and ordered unanimously.

TASK ORDER WITH STOTTLER STARMER & ASSOCIATES, RE: DRAINAGE STUDY FOR LAKE VIEW SUBDIVISION

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Task Order with Stottler Starmer & Associates to conduct a drainage study for Lake View Subdivision at not to exceed $48,634.01. Motion carried and ordered unanimously.

APPROVAL, RE: TEMPORARY CLOSING OF CROSS ROAD

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve temporary closing of Cross Road for rehabilitation of grade crossing. Motion carried and ordered unanimously.

RESCIND BOARD ACTION AND APPROVE CORRECTION, RE: DRUG COURT TREATMENT CONTRACT AMOUNT

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to rescind Board action of December 12, 1995, and approve Contract for Drug Court Treatment at $100,950 instead of $127,231. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE AGREEMENTS, AND APPROVE MORTGAGE DEEDS, NOTES, AND GRANT AGREEMENTS, RE: REPLACEMENT HOUSING DEFERRED LOANS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to authorize solicitation of quotes and bids for five replacement housing projects as applicants are processed; accept lowest responsible bids; approve mortgage deeds, mortgage notes, and grant agreements with each homeowner; and authorize the Chairman to execute the Agreements and any other necessary documents. Motion carried and ordered unanimously.

REAPPOINTMENT OF DENNIS J. WICKHAM, M.D., RE: MEDICAL EXAMINER

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to reappoint Dennis J. Wickham, M.D. as the 18th District Medical Examiner, and authorize the Chairman to sign the concurrence form. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH SALVATION ARMY DOMESTIC VIOLENCE SHELTER, RE: SHELTER SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Amendment to Agreement with Salvation Army Domestic Violence Shelter, to provide shelter services for fiscal year 1996, clarifying utilization of the two buildings on the premises. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: FY 1994-95 STATISTICS OF LIBRARY SYSTEM

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to acknowledge receipt of the FY 1994-95 statistics of Brevard County Library System to be submitted to Florida State Library as part of the annual State Aid Program. Motion carried and ordered unanimously.

APPROVAL OF LANGUAGE ADDITION TO AGREEMENT WITH DISTRICT BOARD OF TRUSTEES, BREVARD COMMUNITY COLLEGE, RE: UTILIZATION OF FACILITIES

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve language addition to the Agreement with the District Board of Trustees of Brevard Community College regarding joint utilization of facilities. Motion carried and ordered unanimously.

RESCIND BOARD ACTION AND APPROVE EASEMENT AGREEMENT WITH BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND, TOWN OF INDIALANTIC, AND CLAUDIO ESPOSITO, RE: ENCROACHMENTS ON NANCE PARK

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to rescind Board action of December 13, 1994; and execute Easement Agreement with the Board of Trustees of the Internal Improvement Trust Fund and Claudio Esposito for encroachments on Nance Park. Motion carried and ordered unanimously.

AGREEMENT WITH SPORT SUPPLY GROUP, INC. D/B/A SECOND CHANCE GOLF BALL RECYCLERS, INC., RE: GOLF BALL RECOVERY SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with Sport Supply Group, Inc. d/b/a Second Chance Golf Ball Recyclers, Inc. to provide golf ball recovery services at The Savannahs at Sykes Creek and Spessard Holland Golf Courses. Motion carried and ordered unanimously.

AUTHORIZATION TO EXECUTE LAND USE, CONSTRUCTION, AND/OR ENVIRONMENTAL PERMIT APPLICATIONS, RE: PARK PROJECTS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to authorize the Parks and Recreation Director to execute Land Use, Construction, and/or Environmental Permit applications for park projects on behalf of Brevard County through September 30, 1997. Motion carried and ordered unanimously.

CHANGE ORDER NO. 2 TO AGREEMENT WITH PRIORITY ONE CONSTRUCTION AND FINAL PAYMENT, RE: COCOA WEST COMMUNITY CENTER

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve Change Order No. 2 to Agreement with Priority One for construction of Cocoa West Community Center, increasing contract price by $3,440 and time by 20 days to upgrade ceiling tile to one-hour fire rating; and approve final payment of $44,050.80 to Priority One. Motion carried and ordered unanimously.

APPROVAL OF APPLICATION TO INDIAN RIVER LAGOON NATIONAL ESTUARY PROGRAM, RE: GRANT FOR REVEGETATION PROJECTS AT KIWANIS PARK AT GEIGER POINT, PINEDA LANDING PARK, AND STATHAM PARK

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to authorize the Parks and Recreation Director to apply for $4,499.15 Indian River Lagoon National Estuary Program Grant for revegetation projects at Kiwanis Park at Geiger Point, Pineda Landing Park, and Statham Park. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE, WAIVER OF APPRAISAL REQUIREMENT, AND PERMISSION TO PROCEED WITH CLOSING, RE: WICKHAM PARK OUTPARCEL

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to waive appraisal requirement, execute Contract for Sale and Purchase with May D. Gentry, and authorize staff to proceed with closing on the purchase of a Wickham Park outparcel at $8,910. Motion carried and ordered unanimously.

RESOLUTION, BUDGET CHANGE REQUEST, AND AGREEMENT, RE: GRANT FROM FLORIDA BOATING IMPROVEMENT PROGRAM FOR SCOTTSMOOR LANDING PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution authorizing application to Florida Department of Environmental Protection for $112,000 grant under Florida Boating Improvement Program, for improvements at Scottsmoor Landing Park; approve Budget Change Request to establish a budget; and authorize the Chairman to execute the Grant Agreement. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 TO AGREEMENT WITH RKT CONSTRUCTORS, INC., RE: SOUTH BREVARD BEACHES JAYCEES PARK RESTROOM AND PAVILION CONSTRUCTION

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve Change Order No. 1 to Agreement with RKT Constructors, Inc. for construction of South Brevard Beaches Jaycees Park restroom and pavilion, increasing contract price by $879 to apply clear sealer to exposed wood surfaces on the pavilion. Motion carried and ordered unanimously.

AGREEMENT WITH PATRICIA MANSFIELD, RE: CONCESSIONAIRE SERVICES AT LONG POINT PARK

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with Patricia Mansfield to provide concessionaire services at Long Point Park from January 1, 1996 through December 31, 1999 at $350 monthly in addition to all electric charges. Motion carried and ordered unanimously.

RESOLUTION AND LEASE AGREEMENT WITH COMMUNITY SERVICES COUNCIL, RE: USE OF WOODY SIMPSON CENTER, GYM, AND MEETING ROOM

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution and execute Lease Agreement with Community Services Council of Brevard County, for use of Woody Simpson Community Center, gymnasium, and meeting room for weekly functions from January 9, 1996 to January 8, 1997. Motion carried and ordered unanimously.

WAIVER OF MUSIC AND ALCOHOLIC BEVERAGES REGULATIONS, RE: COUNTRY WESTERN BATTLE OF THE BANDS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to waive provisions of Article IV to allow musical entertainment, and Article V, Section 18-104(2), to allow sale/possession/donation of alcoholic beverages at the Country Western Battle of the Bands on January 21, 1996 in Fox Lake Park, subject to the organizer providing security, general comprehensive liability insurance with liquor liability, crowd control, and clean up, and obtaining all state and local regulatory permits as required. Motion carried and ordered unanimously.

WAIVER OF MUSIC AND ALCOHOLIC BEVERAGE REGULATIONS, RE: CIRCLES OF CARE SPANISH FESTIVAL AT WICKHAM PARK

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to waive provisions of Article IV to allow musical entertainment, and Article V, Section 18-104(2), to allow sale/possession/ donation of alcoholic beverages at the Spanish Festival Fund Raiser for Circles of Care on March 9, 1996 in Wickham Park, subject to the organizers providing comprehensive general liability insurance with liquor liability coverage, security, traffic control and clean up, and obtaining all necessary permits. Motion carried and ordered unanimously.

CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY, RE: HOLMES REGIONAL MEDICAL CENTER FIRST FLIGHT

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Certificate of Public Convenience and Necessity for Holmes Regional Medical Center First Flight to continue to provide Advanced Life Support rotor wing inter-facility and mutual aid Advanced Life Support transport service. Motion carried and ordered unanimously.

AGREEMENTS WITH ALTERNATIVE COMMUNITY SERVICES AND KEEP BREVARD BEAUTIFUL, RE: TDC CATEGORY B, BEACH CLEAN UP GRANTS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreements with Alternative Community Services and Keep Brevard Beautiful, Inc., providing $91,821 and $9,155 TDC Category B, Beach Clean up grants respectively. Motion carried and ordered unanimously.

AGREEMENTS WITH CHAMBERS OF COMMERCE, RE: TDC CATEGORY A, PROMOTION AND ADVERTISING GRANTS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreements with Titusville, Cocoa Beach Area, Melbourne, and Palm Bay Area Chambers of Commerce for TDC Category A, Promotion and Advertising Grants of $30,000, $30,000, $30,000 and $24,000 respectively. Motion carried and ordered unanimously.

BUDGET CHANGE REQUEST, RE: FEMA AND FLORIDA GRANTS FOR HURRICANE ERIN DEBRIS CLEAN UP

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve Budget Change Request amending Fund 4300, Solid Waste Management Operation and Maintenance, in the amount of $3,317,442 in reimbursements from Federal Emergency Management Agency and State of Florida, for collection and disposal of debris generated by Hurricane Erin. Motion carried and ordered unanimously.

CHANGE ORDER NO. 10 TO AGREEMENT WITH BUTLER CONSTRUCTION COMPANY, RE: NORTH BREVARD WATER TREATMENT PLANT EXPANSION

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve Change Order No. 10 to Agreement with Butler Construction Company, for North Brevard Water Treatment Plant Expansion, increasing contract price by $3,539.01 for eccentric couplings to correct discrepancy of spacing for filter effluent pipelines. Motion carried and ordered unanimously.

AGREEMENT WITH WEXFORD PROPERTY OWNERS ASSOCIATION, RE: EASEMENT ENCROACHMENT

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with Wexford Property Owners Association to construct a masonry privacy wall across a utility and drainage easement containing a sanitary sewer line. Motion carried and ordered unanimously.

BUDGET CHANGE REQUEST, RE: ONE-STOP REVIEW PROCESS REVENUES

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve Budget Change Request reflecting anticipated revenues collected as part of the One-stop Review Process. Motion carried and ordered unanimously.

ADDENDUM TO CONTRACT WITH CIRCLES OF CARE, RE: EMPLOYEE ASSISTANCE PLAN SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Addendum to Preferred Provider Contract with Circles of Care for the Employee Assistance Plan Services at no charge. Motion carried and ordered unanimously.

AGREEMENT WITH SKLOW AND RUNKEL CONSULTING ENGINEERS, RE: A/E SERVICES FOR RENOVATION OF GOVERNMENT CENTER BUILDINGS B AND E AND ROCKLEDGE COURTHOUSE

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve the recommendations of the Negotiating Committee, and execute Agreement with Sklow and Runkel Consulting Engineers to provide architectural and engineering services for office renovations in the Government Center Buildings B and E and the Rockledge Courthouse at $68,048. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH TELCO RESEARCH, RE: MAINTENANCE AND ENHANCEMENTS FOR TRU SYSTEM AND ADVANCED INVENTORY MANAGEMENT SOFTWARE

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Amendment to Agreement with Telco Research, for maintenance and enhancements for TRU System and advanced inventory management software at $8,600 per year. Motion carried and ordered unanimously.

EXTENSION OF TIME, RE: REVISION OF INGRESS/EGRESS EASEMENT FOR COCOA BEACH PUBLIC LIBRARY

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to extend time by 120 days to revise the ingress/egress easement to facilitate site development of Cocoa Beach Public Library project and adjacent U.S. Postal Service development. Motion carried and ordered unanimously.

RESOLUTION AND COUNTY DEED, RE: TRANSFER OF PROPERTY TO CITY OF TITUSVILLE FOR NORTH BREVARD PUBLIC LIBRARY Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution and execute County Deed, transferring property to City of Titusville for future widening of Hopkins Avenue at the North Brevard Public Library site. Motion carried and ordered unanimously.

CHANGE ORDER NO. 13 TO AGREEMENT WITH BROWN & ROOT BUILDING COMPANY, RE: HARRY T. AND HARRIETTE V. MOORE JUSTICE CENTER

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve Change Order No. 13 to Agreement with Brown & Root Building Company for construction of Harry T. and Harriette V. Moore Justice Center, reducing the contract price by $335,477.60 for owner direct purchases; and authorize transfer of the same funds to the direct purchase account. Motion carried and ordered unanimously.

AMENDMENT TO LEASE AGREEMENT WITH NATIONAL TECHNICAL ASSOCIATION, INC., RE: GIBSON COMMUNITY CENTER Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Amendment to Lease Agreement with National Technical Association, Inc. for lease of space at Gibson Community Center at $1.00 per year for a period of two years. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF MELBOURNE, RE: USE OF OVERFLOW PARKING LOT AT SOUTH BREVARD SERVICE COMPLEX

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with City of Melbourne for use of overflow parking lot at South Brevard Service Complex through September 21, 1996, at $10.00. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-1-6-03 AND CONTRACT, RE: WORKERS COMPENSATION AND AUTO CLAIMS ADMINISTRATIVE SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to award Proposal #P-1-6-03, Workers Compensation and Auto Claims Administrative Services, to Alexsis at estimated annual cost of $61,234; and authorize the Chairman to execute the Agreement with Alexsis for the service. Motion carried and ordered unanimously.

STIPULATED FINAL JUDGMENT FOR BREVARD COUNTY v. WARDLOW/HARVEY, RE: NORTH COURTENAY PARKWAY WIDENING PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve Stipulated Final Judgment as to attorney?s fees and costs for Brevard County v. Wardlow, condemnation of Harvey parcels 141 and 741 for North Courtenay Parkway Widening Project, at $14,842.20. Motion carried and ordered unanimously.

REMOVAL FROM INVENTORY, RE: TANGIBLE PERSONAL PROPERTY FROM STATE ATTORNEY?S OFFICE

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve removal of Desk, PR#B081-0788 and Bookcase, PR#B090-0780, from the State Attorney?s Office Inventory as the items cannot be located. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to appoint and/or reappoint the following:

Comprehensive Plan CRG?s

Andy Tucker, Micah Savell, Ed Fleis, William DiMarzo, Ralph Kreamer, Richard Gramling, Lynn Hansel, and Kim Hooper Economic Development Commission

Roland Foster, 1233 Silver Lake Drive, Melbourne 32940, replacing Barry Gentry until December 31, 1996

Citizens Budget Review Committee

Ulrike ?Rickie? Wertz, 2707 Golfview Drive, Melbourne 32901, replacing Frankie Schott until December 31, 1996

Ed Lupton, 220 June Drive, Cocoa 32931 until December 31, 1996

Haldane King, 701 Briarwood Way, Melbourne 32940, until December 31, 1996

Valkaria Airport Advisory Board

Ken Fulton, 7830 Casuarina Drive, Melbourne Beach 32951, until December 31, 1996

Mark Beard, 187 Naylor Street, NE, Palm Bay 32907, replacing Mark Scurrah, until December 31, 1996

Richard Adams, 797 Isar Avenue, NW, Palm Bay 32907, until December 31, 1996

Planning and Zoning Board

Barbara Ray, 4030 Adams Lane, Valkaria 32905, until December 31, 1996

Hank Hurley, 109 E. Nelson Avenue, Melbourne 32935, until December 31, 1996

Hank Simon, 481 Topeka Road, SW, Palm Bay 32905, until December 31, 1996

Al Metzger (Alternate), 3260 Flanagan Street, West Melbourne 32904, until December 31, 1996

Meadowlane Community Library Board

Libby White, 8021 Pine Needle Lane, West Melbourne 32904, until December 31, 1996

Larry Hughes, 7972 Timberlake Drive, West Melbourne 32904, until December 31, 1996

Marian Sinor, 2920 Ohio Street, Melbourne 32904, until December 31, 1996

Denise Thornquist, 8207 Henry Avenue, Melbourne 32904, until December 31, 1996

Mary McIntyre, 665 Sabal Road, Melbourne Village 32904, until December 31, 1996

Contractors Licensing Board

John Robinson, 460 Snug Harbor Drive, Merritt Island 32952, until December 31, 1996

Robert Hicks, 630 Cypress Street, Merritt Island 32952, until December 31, 1996

Art Lueck, 100 Harbor City Boulevard, Suite B, Melbourne 32935, replacing Scott Metcalf, until December 31, 1996

Nick Witek, 1793 Rockledge Drive, Rockledge 32955, until December 31, 1996

MPO Citizens Advisory Committee

William Donaldson, 1414 Santa Maria Court, Melbourne 32940, until December 31, 1996

Sam Simonian, 457 Evergreen Street, NE, Palm Bay 32907, until December 31, 1996

Phillip Borsik, 814 Altona Street, NW, Palm Bay 32907, until December 31, 1996

South Mainland Library Advisory Board

Yvonne Atha, 9879 Oak Street, Micco 32976, replacing Keith Nelson until December 31, 1996

County Library Board

Deanna Reiter, 173 Martesia Way, Indian Harbour Beach 32937, replacing James Ward until December 31, 1996

Building & Construction Advisory Committee

David S. Bogenrief, 621 S. Magnolia Avenue, Melbourne 32901, until December 31, 1996

Code Enforcement Board

Michael Rowland, 2880 Rocky Point Road, Malabar 32905, until December 31, 1996

Country Acres Advisory Board

Jennifer L. Gordon, 112 Belmont Avenue, Cocoa 32926, replacing Jennifer Rudolph, until December 31, 1996 EELS Procedure Committee

Dick Gregory, 1453 Newfound Harbor Drive, Merritt Island 32953, until December 31, 1996

Extension Advisory Council

Gerald Lafferty, 3145 Heild Road, Melbourne 32904, until December 31, 1996

Golf Course Advisory Board

Jack Gregory, 116 Shalimar Avenue, NE, Palm Bay 32907, until December 31, 1996

Historical Commission

Yvonne Shingler, 536 Platt Circle, Melbourne Village 32901, until December 31, 1996

Jim Culberson, 218 Ash Street, Melbourne 32904, until December 31, 1996

Georgianna Kjerulff, 710 Acacia Avenue, Melbourne Village 32901, until December 31, 1996

Onsite Sewage Variance Board

William DiMarzo, 1498 Pace Drive, NW, Palm Bay 32907, until December 31, 1996

Personnel Council

Oscar Gamboa, 305 Emerson Drive, NW, Palm Bay 32907, until December 31, 1996

South Area Recreation and Parks Advisory Board

Tom Finnell, 636 Bremerhaven Street, NW, Palm Bay 32907, replacing John DeVivo, until December 31, 1996

Jon D. England, 2981 Ohio Street, Melbourne 32904, replacing Judy England, until December 31, 1996

Surface Water Advisory Board

Joyce Drew, 3230 Flanagan Avenue, West Melbourne 32904, replacing Mitch Ellington, until December 31, 1996

Zoning Board of Adjustment Dick Cottrell, 3001 Oklahoma, Melbourne 32904, until December 31, 1996

Employee Benefits Advisory Committee

Les Foresberg, 2725 St. Johns Street, Building D, Melbourne 32940, until December 31, 1996.

Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve the bills and budget transfers as submitted. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - JUANITA TUCKER, RE: COMMENDATION RESOLUTION

Chairman Cook read aloud a Resolution commending Juanita M. Tucker for 19-1/2 years of dedicated public service, and extending best wishes for good health and happiness during her retirement; and presented the Resolution to Ms. Tucker.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution commending Juanita M. Tucker for her dedicated public service. Motion carried and ordered unanimously.

PERSONAL APPEARANCES - AMY ELLIOTT, GOVERNMENTAL FINANCE OFFICERS ASSOCIATION, AND SANDY CRAWFORD, CLERK OF THE CIRCUIT AND COUNTY COURTS, RE: CERTIFICATE OF ACHIEVEMENT

Clerk of the Circuit and County Courts Sandy Crawford advised Amy Elliott, representing the Governmental Finance Officers Association is here to present an award to County Finance.

Amy Elliott advised the Certificate of Achievement for Excellence in Financial Reporting award is the highest form of recognition for financial reporting by local governments; approximately 1,200 local governments of the 36,000 local governments in the United States receive this award; the award recognizes the achievement, professionalism, expertise, dedication and commitment of the Brevard County Finance staff; and it is her pleasure to present the award to Mr. Crawford. Mr. Crawford presented the award to Stephen Burdett, the Director of Finance.

Ms. Elliott presented awards to Jon Svendsen, and Elvie Clendenning, and for Patricia Moore who was not present, for preparation of the report; and congratulated the Board and Clerk.

PERSONAL APPEARANCE - ASSISTANT RITUAL LEADER BOB GOLBERG, RE: RESOLUTION CONGRATULATING THE CONGREGATION OF M?ATEH CHAIM

Commissioner Higgs read aloud a Resolution congratulating the Congregation of M?ateh Chaim on the purchase and celebration of its new Torah, and presented the Resolution to Assistant Ritual Leader Bob Goldberg.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to adopt Resolution congratulating the congregation of M?ateh Chaim on the purchase of its new Torah. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENT IN PUTNAM PARK, UNIT 1 - JACOB R. BROWN

Chairman Cook called for the public hearing to consider a resolution vacating a public utility easement in Putnam Park, Unit 1, as petitioned by Jacob R. Brown.

There being no objections heard, motion was made by Commissioner Ellis, seconded by Commissioner Higgs, to adopt Resolution vacating a public utility easement in Putnam Park, Unit 1, as petitioned by Jacob R. Brown. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITIES AND DRAINAGE EASEMENT IN VIERA, TRACT DD - RANDALL AND LAURETTE BROWN

Chairman Cook called for the public hearing to consider a resolution vacating a public utilities and drainage easement in Viera, Tract DD, as petitioned by Randall S. and Laurette L. Brown.

Commissioner O?Brien advised of his concern with surveyors purposely conducting erroneous surveys; and inquired when will the Board make people pay for their crimes.

Surveyor John Campbell acknowledged his mistake which was not willful, noting it was due to a statement on the recorded plat that the easement was 7? feet when it was actually 10 feet; advised he paid for the cost of the vacating; the design engineer of the subdivision and neighbors have no objection to the vacating; and County staff recommended approval.

Discussion ensued on continuous occurrence of surveying errors, responsibility of surveyors, and accountability of pool and deck builders.

There being no further comments or objections heard, motion was made by Commissioner Ellis, seconded by Commissioner Scarborough, to adopt Resolution vacating public utilities and drainage easement in Viera, Tract DD, as petitioned by Randall S. and Laurette L. Brown. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITIES AND DRAINAGE EASEMENT IN PINEDA CROSSING, PHASE I - ANTHONY M. ROMANO

Chairman Cook called for the public hearing to consider a resolution vacating public utilities and drainage easement in Pineda Crossing, Phase I, as petitioned by Anthony M. Romano.

There being no objections heard, motion was made by Commissioner Ellis, seconded by Commissioner Scarborough, to adopt Resolution vacating public utilities and drainage easement in Pineda Crossing, Phase I, as petitioned by Anthony M. Romano. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING SECTION 41, BREVARD COUNTY CODE, ON APPOINTMENTS TO COUNTRY ACRES ADVISORY BOARD

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to grant permission to advertise a public hearing to consider an ordinance amending Section 41 of Brevard County Code removing the requirement that appointees of each Commission District reside in the District appointing them. Motion carried and ordered unanimously.

AUTHORIZE REQUEST FOR DECLARATORY ORDER FROM U.S. FISH AND WILDLIFE SERVICE, RE: COUNTY ACTIVITIES CONSTITUTING A TAKING UNDER THE ENDANGERED SPECIES ACT

Motion by Commissioner O?Brien, seconded by Commissioner Ellis, to authorize the County Attorney to request a declaratory order from the U.S. Fish and Wildlife Service as to the County activities which may constitute a taking under the Endangered Species Act, and what it would take to comply with the requirements and the landclearing issue. Motion carried and ordered unanimously.

DISCUSSION, RE: FILING FEES FOR DOMESTIC VIOLENCE INJUNCTIONS

Commissioner O?Brien expressed his concern about dropping the monetary requirement and having abused persons continuously coming back and dropping charges because it will not resolve the problem. He recommended if the Board drops the fee, the person be required to go forward and get a court order.

Chairman Cook stated there should be a mechanism for the judge to assess the fee against the person the injunction is against if that person is found guilty. He suggested reviewing all fees the Board has approved to compare them to other counties.

Commissioner Scarborough stated considering what it costs to keep a courtroom, judge, bailiff, files, etc., a person gets a bargain to access the court system with one filing fee; the County subsidizes the court system tremendously; and the Clerk takes all the pleadings and files all the paper work. Discussion ensued on the State?s funds, Clerk?s fees, Board?s fees, docket fee, what the Board can legally waive in terms of fees, fees that are statutorily set, State?s General Resources Fund, Court?s Educational Trust Fund, County?s General Fund, fees set by Ordinances, waiver of the fees, abolishment of the fees, fees waived at judges? discretion, and inhibiting persons from filing for injunctions.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to waive fees for Court Services Fund, Law Library, Legal Aid, Court Facilities Fund, and Clerk?s fee established by Ordinances.

Discussion continued on giving judges the discretion to attach fees to abusers, and a proposed bill to be filed by Representative Howard Futch limiting filing fees.

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

APPROVAL OF LANGUAGE TO INCLUDE IN COMPREHENSIVE PLAN AMENDMENT 1996A, RE: RECOGNIZING EXISTING LAND USES

Dale Hathaway, 2200 Hamlet Drive, Melbourne, described his Beach Townhomes, and requested retaining his present zoning which he accepted at the County?s behest. He explained the history of events from 1985 to present regarding access to his property, and a map of the area; and advised of letters from realtors in the South Beaches advising if his zoning is changed, it will reduce the value of his property.

Attorney Dan McDermott advised the proposed amendment is a positive step in the right direction, but there is concern by people he represents regarding amortization and additional policies relating to the existing uses. He explained the amendment which provides the ability to bring to the Board undesirable uses.

Commissioner Higgs inquired who Mr. McDermott represents; with Mr. McDermott responding he represents a group of property owners on the South Beaches, but nobody in particular today. Mr. McDermott returned and advised the individuals he represents are the owners of the Seaview Resort, Sand Gate Motel, New England Eatery and Pub, Floridana Beach Motel, Sandy Brook Motel, GAL Corporate Brevard owners of Sebastian Beach Inn, and Michelle Kremins.

Commissioner O?Brien advised of a severe problem in his District with a trailer park south of Cocoa Beach and activities that have taken place, and a topless club; and stated the amendment will allow them to continue and expand.

Discussion ensued on the provisions of the amendment, giving staff the flexibility to bring forward specific uses which are problematic, the option to find inconsistent uses within the Future Land Use Map and prepare site specific amendments, problems with denying undesirable uses, penalizing businesses for a few that are undesirable, provisions in the Comprehensive Plan that allow existing parcels to come to the Board for consideration, people who had lawful zoning classifications for their businesses asking to be put back the way they were, and selective expansion problems.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to defer including language recognizing existing land uses in the Comprehensive Plan Amendment 1996A; and direct the County Attorney to work on the amendment with the Assistant Growth Management Director. Motion carried and ordered unanimously.

Chairman Cook instructed staff to expedite it if possible and work toward a reasonable solution to the problem.

DISCUSSION, RE: RENAMING ST. JOHNS STREET AS JUDGE JAMIESON?S WAY

Nancy Fazio, 1812 Bel Court, Indialantic, President of BCPFF Local 2969, advised they reviewed Judge Jamieson?s career history, spoke to Divisional Management, and do not see renaming St. Johns Street as a problem, but recommended the name be continued throughout the extension, because split street names can cause a problem for them.

Barbara Taylor, 1980 N. Atlantic Avenue, Cocoa Beach; advised of her partnership with the late Judge Jamieson in law practice, her nature as pioneer and trail blazer, her advocacy for the administration of justice, and all the firsts accomplished by Fran Jamieson, such as the first female lawyer in Brevard and Seminole Counties, first woman to be elected to the Brevard County Bar Association, first woman to be elected to a judgeship, and first woman elected to the Board of Governors, and that she served as the President of the Florida Association of Women Lawyers back in the 1960's. Ms. Taylor stated it would be appropriate for a trail, street, or road to be named commemorating that trail blazing pioneer.

Mason Blake, 7380 Murrell Road, Melbourne, advised The Viera Company and Duda believe that Judge Jamieson deserves to be honored. He stated St. Johns Street in Viera was named in 1989 in honor of John Duda, one of the founders of the Company, just as Lake Andrew was named after Andrew Duda, another founder of the Company; but Judge Jamieson deserves to be honored; and they would like to cooperate with the County in that regard.

Michael Fitzgerald, 3345 Sandy Reef Court, Melbourne Beach, advised the Board had three different variables on how to name the street that will run in front of the Justice Center in honor of Judge Jamieson, and he hopes it can come to some consensus today; and the 18th Judicial Circuit met on the proposal of renaming the street, and indicated an honor such as that should go forward because of her courage and commitment. He stated Brevard County has a proper vehicle to honor one of its finest citizens; and the Board should take the opportunity and make the most of it. Chairman Cook advised Judge Jamieson was a citizen who gave the majority of her adult life to serving the citizens of Brevard County, and someone who was a trail blazer and role model for many people in the community, and deserves this type of recognition.

Commissioner O?Brien stated the letter from The Viera Company contained some very good points about the master plan and multiple plans, and that a future road, which will run south from the town center to the Justice Center, could be named Judge Jamieson?s Way, or Trail, or anything the Board wants. He stated that approach would eliminate any confusion that may result from renaming St. Johns Street, will honor a person who deserves it, and will not cause extra expense. Chairman Cook stated St. Johns Street is the main thoroughfare; and due to her accomplishments, she should have the main thoroughfare named after her. He stated the legal community recommended it.

Commissioner Scarborough expressed concern that naming an entranceway to the Justice Center would set a precedent for other small streets and courts to have names, causing a proliferation of names for little courts and problems for emergency services.

Commissioner Ellis stated the Board needs an effective date on the road name to allow transition of addresses, and suggested the date the Justice Center opens.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to rename St. Johns Street in Viera as Judge Jamieson Way, effective June 1, 1996. Motion carried and ordered unanimously.

The meeting recessed at 10:21 a.m. and reconvened at 10:35 a.m.

DISCUSSION, RE: REFINANCING OF WINDOVER HEALTH CLUB APARTMENTS AND WINDOVER OAKS APARTMENTS

Lynn Carlson Schell, 4929 Dale Drive, Edina, Minnesota, representing Shelter Corporation, consultant to Community Housing Corporation, owners of the property, advised Community Housing Corporation is a non-profit organization founded in 1990 for charitable housing purposes; it contracted with Shelter Corporation to identify affordable housing opportunities; and subsequently it purchased Windover Oaks and Windover Health Club. She advised of Shelter Corporation?s financing experience, management activities, consulting services for nonprofit corporations providing charitable housing services, successes of its clients, and the differences between for-profit and nonprofit corporations. She requested the Board approve the refunding of the original 13.2 million dollars in debt underlining the Windover properties, a small supplemental issue, and the TEFRA hearing held by the Housing Finance Authority.

Richard Martin, 150 South 5 Street, Suite 2300, Minneapolis, Minnesota, advised he is with the law firm of Leonard, Street, & Deinard of Minneapolis, who will represent the underwriters of this transaction; and will be happy to answer any questions.

Fred Boozer, 1010 S. Magnolia Drive, Indialantic, opposed allowing tax-free bond money to be used by the Community Housing Corporation; and stated it is egregious of them to ask that the condominiums be removed from the tax rolls. He stated tax-free bond money is available only to large apartment complexes giving them an advantage over small owners in exploiting government programs such as the HOME Program, SHIP Program, tax credits, tax-free bonds, vouchers, certificates, CDBG, and RTC. Mr. Boozer advised of Mr. Kirschenbaum?s and Mr. Swann?s business ventures; stated the citizens need the Board to help them keep the playing field level and fair; and begged the Board to have the Community Housing Corporation go out in the market place and finance the condominiums the old fashion way.

Bea Polk, 101 River Park Boulevard, Titusville, agreed with Mr. Boozer, and inquired how much more will be taken from the taxpayers who are paying their way. She stated the small businessman does not get the breaks; he is the one who should get it, not the big corporations; and requested the Board vote against this.

Micah Savell, 1370 Sarno Road, Melbourne, stated he does not have a problem with the bond, but has a problem with properties coming off the tax rolls; and advised of properties on the South Beaches that were taken off the tax rolls through certain types of acquisitions and foundation purchases that are tax free. He urged the Board, not only on this transaction, but on other issues, to bring the transfers to a halt because it is asking everybody else to pay for it.

Chairman Cook advised of phone calls from Ilene Davis and Bob Socks of the Titusville City Council, opposing the issue. Commissioner Scarborough advised of calls from Titusville City Councilpersons Ilene Davis, Bob Socks, and Fred Krupski; and asked Jim Swann to respond to the concern of taking property off the tax roll.

Jim Swann, 1525 S. Tropical Trail, Merritt Island, advised the property has been sold to the not-for-profit corporation and taken off the tax rolls; and the question before the Board is how to finance or refinance it. He advised of the historical activities that resulted in the project; and requested approval of the refinancing. He stated they have done a good job building the tax rolls; and the County may lose some, but he will build something else and get it back for the County.

Commissioner Higgs inquired if the sale of the apartments has already transpired, and regardless of what action the Board takes, it is already off the tax rolls; with Mr. Swann responding yes. Commissioner Scarborough inquired who owns the property; with Mr. Swann responding Community Housing Corporation.

Chairman Cook advised there were a number of concerns expressed; and inquired if Mr. Holley wishes to summarize the concerns or have they been resolved, and is the issue acceptable or not.

Financial Advisor Tom Holley advised of a memorandum dated December 20, 1995 outlining the project and why it is unusual coming before the Board at this point, and the role of the Board, as defined by the Federal Tax Laws, to approve or disapprove the TEFRA hearing. He cautioned the Board about taking a broader view and looking at underlying issues; advised of the unique circumstances when nonprofit corporations are involved, the Housing Finance Authority?s guidelines which must be met in order for the project to be refinanced, and that whether or not a project is financially feasible is determined by the market place; and stated if the Board undertakes the review of financial feasibility of projects, it assumes a duty it does not have under the laws and increases its liability. He stated the memo he wrote yesterday talks about the roles of the different parties and the relationships between the parties, liability in relationship to disclosure issues, and indemnification; and it recommends several actions the Board can take.

Commissioner Scarborough inquired if conflict of interest is a separate issue and how will it be handled; with Mr. Holley responding those must be disclosed and resolved to the County?s satisfaction. Chairman Cook inquired what does that mean; with Mr. Holley responding he is unaware how an officer of a nonprofit corporation can act as the purchaser of the project and as counsel to the lender. Commissioner Scarborough stated that needs to be clarified before the Board proceeds; with Mr. Holley responding it should be prohibited by including that a party relating to the purchaser cannot act as underwriter?s counsel in this transaction.

Commissioner Higgs advised Mr. Holley said the Board?s role is to approve or disapprove the TEFRA hearing; the item is to approve the Finance Committee?s recommendation to refinance; and inquired what is the difference between the two; with Mr. Holley responding the Finance Committee?s recommendation is broader because the Board asked the Finance Committee to look at broader issues; and since the Board addressed some of the issues, the Agenda Item could be artfully stated to approve the TEFRA hearing which would be the proper request. He advised a Tax Equity and Fiscal Responsibility Act (TEFRA) hearing is a requirement of the Federal Tax Code which requires a publicly elected body to approve the issuance of industrial development bonds used for private purposes; and explained the responsibilities of the Housing Finance Authority and the Board relating to tax-exempt bonds.

Chairman Cook advised the Authority approved it in concept; and inquired if the fees are reasonable for this type of transaction; with Mr. Holley responding he does not have a great amount of experience with multifamily housing projects, but they do not seem to be unreasonable; however, he would prefer for the Financial Advisor of the Authority to respond. Chairman Cook inquired if Attorney Abbott had input on the reasonability of the fees, and if all the taxpayers are being asked to subsidize the refinancing. He inquired what was Mr. Burdett?s concerns; with Finance Director Stephen Burdett responding he just wanted it made public that it was being taken off the tax rolls. Chairman Cook inquired what protection is the sophisticated investor letter giving the County; with Mr. Holley responding the Board adopted a debt policy which requires a sophisticated investor letter when unrated bonds are sold; and the concern is the County?s good name being damaged in any way. He explained the debt policy and the Securities and Exchange Commission (SEC) rules.

Commissioner Ellis advised two issues came up at the Finance Committee meeting, (1) the tax exempt status, and (2) the proforma had a net total before debt service but not a net total with debt service; and the basis for Mr. Burdett?s letter was if they do not get the tax exempt status, they will have a difficult time meeting the bills. He stated that is why it came forward to the Board with reservations on the tax-exempt status.

Attorney Angela Abbott, representing the Housing Finance Authority, advised the Authority just began reviewing the refunding issue; final determinations have not been made; and final approval of the refunding will not come until it is actually prepared, in about six months. She stated the fees have been determined through the underwriters not to be out of line and are customarily received under refundings of this nature. Ms. Abbott advised real estate tax exemption is happening with or without this issue; and the project has been transferred to a nonprofit which is a contributing factor to a positive cash flow. Ms. Abbott advised the Authority held the TEFRA hearing and received public comments; it induced the project to go forward under the conditions it outlined; and it has extensive guidelines in place that will address many concerns brought up at this time.

Chairman Cook inquired if the Authority approved it in concept; with Ms. Abbott responding yes. Chairman Cook advised the Authority has several recommendations regarding positive cash flow, sophisticated letter, and the project following the criteria and policies for refinancing established by the Authority, and Mr. Holley has several recommendations in his letter plus the issue of counsel acting as party to the owner. He inquired if the Board wanted to address all those recommendations, how could it be done; with Mr. Holley suggesting the County become a third-party beneficiary of the indemnification provisions of the purchase contract; and explained the indemnification provisions.

Commissioner Scarborough stated he is not prepared to vote today; they are continually getting new facts and information; and he would like to defer the decision so he can meet with Mr. Holley, Mr. Burdett, and Mr. Managan.

Motion by Commissioner Scarborough, to table refinancing of Windover Health Club Apartments and Windover Oaks Apartments until January 23, 1996. Motion died for lack of a second.

Commissioner Higgs inquired what are the consequences of not making a decision today; with Mr. Holley responding he would defer to the people involved in the underwriting.

Motion by Commissioner Scarborough, to table refinancing of Windover Health Club Apartments and Windover Oaks Apartments until January 23, 1996.

Commissioner Ellis recommended the Board consider going to the Legislative Delegation with nonprofits taking commercial enterprises off the tax rolls. He stated apartment complexes have people who use the schools, roads, and everything everybody else does; so he has a problem with them being taken off the tax rolls. Chairman Cook advised Commissioner Ellis to put it on the Agenda as a separate item. Commissioner Higgs stated since there was no response from the applicant, she assumes there are no consequences putting it off until January 23, 1996.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to table refinancing of Windover Health Club Apartments and Windover Oaks Apartments until January 23, 1996. Motion carried and ordered unanimously.

RESOLUTION, RE: ESTABLISHING BALLOT LANGUAGE FOR MICCO COMMUNITY CENTER SITE SELECTION REFERENDUM

George Koraly, 9868 Riverview Drive, Micco, expressed concern about the referendum being changed to a straw ballot; stated he sent a proposal of what the ballot language should be; and inquired if it will be in the County records; with Chairman Cook responding it is in the office of each Commissioner; and instructed Mr. Koraly to give a copy to the Clerk. Mr. Koraly read the report he sent to the Commissioners, but did not give a copy to the Clerk.

Peter Player, 3685 Main Street, Micco, thanked the Board for putting the community center to referendum; and recommended voters be afforded the knowledge of the projects and how they will be funded.

Charlie Burke, 9605 Mockingbird Road, Micco, requested the Board vote yes or no to place the community center in Micco Park to make it simple, as three acres at the Central site are a foot under water.

Ed Arens, 3700 Bay Street, Micco, President of Micco Homeowners Association, advised at the homeowners meeting it was unanimous to go with a referendum on the Central site.

Wally Kramer, 9606 Mockingbird Lane, Micco, supported the referendum to get the public?s opinion on where they want it located.

Frankie Schott, 3545 Heather Lane, Micco, stated the wording says straw ballot; and inquired what is the difference; with Chairman Cook responding a binding referendum has to be yes or no. County Attorney Scott Knox advised a straw ballot is designed to put different questions before the electorate, but is not binding. Ms. Schott recommended a referendum and not a straw ballot because they already did that; and everyone needs to know all the facts, costs, and where the funds are coming from. She stated her scaled drawing showed there is room at Micco Park for the community center with no land purchase; and recommended it be considered.

Commissioner Ellis stated the three-option idea is not good; and advised of a problem with a three-option referendum on naming Melbourne, Eau Gallie, or Harbor City. He recommended not getting into multiple options. Commissioner Higgs read the draft ballot language; and stated it is simple and does what the Board needs. She stated there is language that says, ?the County shall, if feasible, pursue the acquisition of the parcel voted by the majority of the electorate in the Micco Community Development Block Grant target area?; and the people need to realize, if the property owners are not willing to sell at a feasible price, the Board will not pursue those properties. Commissioner Higgs recommended staff get options to purchase and provide in writing how much land will be purchased, costs of acquisition and development, source of funding, etc., to educate the people as soon as possible.

Commissioner Scarborough recommended the Board take comments from the public on the referendum language.

George Koraly repeated previous comments; stated the community center would take care of the community forever; and the referendum language does not give him an opportunity to know what he is voting for. Charles Burke inquired why the center cannot be put in Micco Park which has 9.8 acres and does not need additional land; and stated parks smaller than that have centers in them. Peter Player stated acquisition of property near Micco Park is misleading as the parcels are in the Park. Ed Arens recommended professional planners rather than average citizens do the planning for the center.

Chairman Cook asked the County Attorney to read the language as amended. County Attorney Scott Knox advised the resolution was originally prepared in anticipation of a referendum and was changed to straw ballot, so the Board needs to change ?referendum? to straw ballot? wherever it appears in the resolution; and change the title and Section 3 to ?non-binding straw ballot?. He stated Section 2 would change to ?acquisition of property adjacent to Micco Park?; and Section 10 would change ?shall? to ?may?. Mr. Jenkins stated Section 7 needs to change to ?County Manager?.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution approving ballot language for Micco Community Development Block Grant Program Non-binding straw ballot as amended.

Discussion ensued on language in Section 10, professionals and not amateurs doing the planning, and why the costs are not included in the ballot language.

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

Assistant Public Works Director Ron Jones requested authorization to waive appraisals on properties where option contracts are obtained at assessed value, and to expend funds for appraisals and title searches on parcels that are necessary. He recommended the Board approve a drop dead date for response from property owners and increase the option amount from $10 which may not be adequate to secure the options.

County Attorney Scott Knox recommended $100. Commissioner Ellis stated the option is only for a month or two, so he does not see a tremendous value to those options.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to waive appraisal requirements if property can be obtained at assessed value; authorize funds for appraisals and title searches on parcels the County will get option contracts on if necessary; approve $100 for option to purchase; and establish February 1, 1996 as the last date to receive responses from the property owners. Motion carried and ordered unanimously.

The meeting recessed at 12:00 noon, and reconvened at 2:00 p.m. after the executive session.

AWARD OF PROPOSAL #P-5-6-07. RE: VOTING TABULATION SYSTEM

John Simmons, 405 Banyan Way, Melbourne Beach, member of the Selection Committee, advised the Committee evaluated proposals from two vendors by a point system; the recommendation does not refer to the points; he voted against award to either company; and the Committee did not recommend award to Global Election Systems because it is the high bidder, financially weak, and dishonest. He stated Business Records Corporation (BRC) has a net worth of $122,000,000; the marksense ballots are less user friendly than punch cards; and an audit was never done on how many ballots were not counted.

Dan Gloger, Sr., 2255 Vermont Street, West Melbourne, vendor for the punch card system, advised all the facts were not looked at; other counties get results back in a timely manner with punch cards on the votermatic system; and it saves time and ballot expenses. He stated Brevard County has hardware and software in the present system; and the only expense would be to rework the voting booths at about $100,000.

Bob Hughes, 2565 Addington Circle, Viera, representing the Lions Club, advised of their election using the new system that was set up very easily and quickly; and noted people had no problem marking the squares, and the results were announced shortly after the voting.

Bea Polk, 101 River Park Boulevard, Titusville, stated the current system was promised to be honest and the best; there is more needed than a voting system; and the initial cost will be exceeded by the purchase of accessories. She described events of 1990 and 1992 elections; and inquired why Mr. Galey, who knows how many voters are registered, cannot buy ballots from one vendor.

Jack Oates, 1711 Rockledge Drive, Rockledge, representing the City of Rockledge Council and staff, advised in 1993 the City was chosen to test the new machine; and it was not the one he recommended when he was on the Selection Committee. He stated he voted for Global, but the City used another system and found it user friendly; elderly people liked the new system rather than the punch card; and urged the Board to spend the money and make a wise decision for the citizens.

Ida Blickley, 4475 Swift Avenue, Titusville, opposed the purchase of a new voting system, and indicated $100,000 to upgrade the existing system could be acceptable. She stated the system was purchased in 1980, additions were made at twice the cost, and the $1,000,000 price for the proposed equipment does not take in the cost of all the accessories.

Duwayne Lundgren, 448 St. George?s Court, Satellite Beach, employee of Supervisor of Elections, advised the new system faired well in the City of Rockledge Elections in 1993, with no over votes in the mayor?s race and only one in Council Seat 3; and in Barefoot Bay with the punch card system, over votes accounted for 1.23% of the votes. He stated no modem connection is made until after the polls close and the results are printed, so there is no way to manipulate the outcome of elections; the person who provided a packet revealing problems with the marksense devices is trying to save his maintenance contract on the punch card system; and those problems mentioned are correctable on the spot, and were not with the system being considered. Mr. Lundgren stated there is nothing inaccurate about the current system; but the system under consideration takes accuracy one step further by removing a potential for human error. Commissioner Higgs inquired about the booklet; and Mr. Lundgren explained how it would work.

Supervisor of Elections Fred Galey advised the issue is to award the marksense proposal; and several comments made were false. He stated they have never purchased ballots from different sources; the new equipment is easier to use and user friendly; and explained how it would work so people would not lose their votes. He stated accuracy between the old and new system is about the same; and advised of problems with the upgraded system to single cards, the events that took place to get to this position, and recommended purchase of the new equipment.

Commissioner O?Brien inquired about the population of registered voters in 1990; with Mr. Galey responding he was not involved with the Office in 1990, but would say about 160,000; in 1992 about 190,000; and in 1994, 212,000. He stated currently there are 257,000 voters and growing by about 30,000 a year. Commissioner O?Brien inquired if the motor voter boosted the numbers; with Mr. Galey responding it has added to the registered voters. He stated 3% of counties use the punch card nationwide; that represents 2.7% of the total population; and it is starting to slowly disappear.

Discussion ensued on the pros and cons of the current system and other systems, touch screen system, internal battery, external battery, use of modems, purchase of equipment for upgrade, purchase of new equipment, financing, differential in number of units and memory packs, counting of absentee ballots, and the size and ability of BRC v. Global.

Robert Pickett, 605 O?Neill Drive, Jamestown, N.C., representing Global Election Systems, explained its system, use of votermatic punch cards, modem transmission, speed to transmit information from precinct to host computer, and counties looking to change. He stated Brevard County issued an RFP, and they responded in good faith.

Carl Mueller, 1431 Tallevast Road, Sarasota, Southeast Regional Vice President for Business Records Corporation, stated it is a 15 to 20-year decision and has an impact on everyone; described the difference in points; and explained its system, stating it is the largest elections vendor in the industry. He compared the system to Global?s system, noting the difference in bid price, warranty, financing option, and support.

Micah Savell, 1370 Sarno Road, Suite A, Melbourne, advised there is nothing wrong with the system; it has accuracy; two to three hours of time is not worth the cost; and people have confidence in the present system. He recommended the County stay out of the counting age and let others do it.

Hans Saurenmann, 223 Columbia Drive, Cape Canaveral, advised he is for access to public records and voting is going in the same direction; in three years everyone will have access and will not need this system; and recommended the Board stay with the current system because it would not make sense to spend one million dollars for a system that is already obsolete.

Commissioner Ellis stated he did not support buying any system; if someone spends a lot of money on something, they expect a large improvement; and four hours does not justify the expense.

Chairman Cook stated it is not driven by residents; they did not look at all possibilities; technology changes quickly; and he is not adverse to upgrading the current system, but would not support purchasing a new system.

Commissioner Higgs stated the estimated annual savings is $74,000 to $102,000 with the new system; three to five hours is not something to invest tax dollars in, but the important point is the savings that would be realized if the life of the system is 15 to 20 years; the side benefit is getting results faster; but no one has disputed the savings figure. Commissioner Ellis stated during odd years there would be a reduction in ballot costs, etc. Mr. Galey stated the cost saving was estimated on an annual basis because they continue to rent card readers, purchase punchers, and pay the maintenance contract. He stated speed is not the primary issue, preventing over votes and having to duplicate ballots are.

Discussion ensued on a central counting system, poll workers, write-in ballots, cost of the new equipment, buying used card readers, absentee ballots, tabulation in one location, and rental of card readers and computers.

Motion by Commissioner Higgs, that the Board make a decision today on one of the two systems. Motion died for lack of a second.

Commissioner Scarborough advised speed is not critical, but assurance that there is no problem with ballot counting is; and the Elections Office did say the current equipment is accurate. Commissioner O?Brien stated the people of District 2 do not care about the time element; accuracy is what counts; the modem phone line is not secured; and upgrade of the present system could be accomplished by buying equipment for less from other counties that are dumping their equipment.

Chairman Cook advised the consensus of the Board is not to take action today on the purchase of a voting tabulation system, so unless there is any other action, the Board will move on.

RESOLUTION, RE: BALLOT LANGUAGE FOR PORT ST. JOHN/CANAVERAL GROVES MSTU REFERENDUM ON DISPOSITION OF ANNUAL TAX LEVY SURPLUS

David Bono, 6625 Corto Road, Cocoa, member of the MSTU Advisory Committee, advised in November, 1994, Port St. John and Canaveral Groves passed a referendum to tax themselves .9 mill; bonds will be bought not to exceed five million dollars to construct a community center and recreational facilities on County land; and to determine if there is going to be surplus money, four things have to be achieved: (1) preliminary design for both projects; (2) find out if they meet the needs of the community; (3) a final design and drawings; and (4) obtain cost estimates of the projects. He stated none of those things have been done; until they are completed, no one will know if there are going to be excess funds; and to put a referendum on the ballot telling people there is going to be excess money is premature. Mr. Bono advised the MSTU Advisory Committee voted 8 to 2 not to put the referendum on the ballot; and it represents a wide variety of people in the area.

Commissioner Ellis and Mr. Bono exchanged comments on debt service, estimates on the projects, and purchase of bonds.

Parks and Recreation Director Chuck Nelson advised the referendum approved up to five million dollars; they discussed whether or not to bond 3.2 million dollars that the Board authorized temporary funding for, and up to 4.2 or 4.4 million dollars; so it is not excess millage in the same sense as the Beach and Riverfront issue. He stated the confusion is because the original taxable values were less than the final approved values, as they did not include some of the utility properties; so rather than generating an estimate of 2.4 million dollars, they could generate almost 4.4 million dollars.

Commissioner Scarborough advised the millage is set at .900 mill and is being collected; and the question is will the .900 mill continue next year. Commissioner Ellis stated next year it will have to be adjusted to equal the debt service. Commissioner Scarborough stated it can be adjusted down, used for different projects, or pay off the bond faster; however, there are other ideas. He inquired if it would be appropriate to spend the money on new ideas that were not discussed when the original referendum was voted on without having them vote again on new projects.

Joseph Stadnik, 3422 Angelica Street, Cocoa, President of Canaveral Groves Homeowners Association, stated if the MSTU generates two million dollars in excess of what was projected, in ten years it will have 20 million dollars and a bigger committee trying to figure out what to do with the money. He stated a letter to Rene Davis from Jack Masson has the tabulation of the votes on the MSTU; it shows five precincts, number of voters in each precinct, and number of votes on the issue; however, Precinct 126 with 1,940 voters was not counted; and inquired what happened to them. He stated the election is void unless the County can find out what happened to Precinct 126. Mr. Stadnik stated Canaveral Groves is not a part of Port St. John; it is a community by itself; and recommended removing Sections 28, 29, 32, 33, 34 and 35 of Canaveral Groves from the MSTU. Mr. Nelson advised the report Mr. Stadnik referenced was done a year after the election; and the total number is correct, but one precinct did not get typed in. He stated it was a clerical error, there are no missing votes, and he will give Mr. Stadnik a corrected copy.

William Hurst, 6965 Belfast Avenue, Cocoa, President of the Seniors, advised of efforts to get a senior center and when it failed, they decided to join others to get a community center; they decided on a referendum that passed, but now it has split the community; and he wants to go back to the taxpayers on the overage because they have a vested interest. He stated if there are surplus funds, it should go back to the taxpayers, or buy land for future generations of Port St. John, and to build reasonable facilities.

Joel Stoves, 660 Aloha Avenue, Cocoa, advised proposals were offered to the Committee on what to use the money for, but they do not know what it will cost, so they should not be getting proposals for the future. He supported a referendum to decide what to do with surplus money and explained events that took place when the original referendum came up for a community center and ballfields. He stated if there is an overage, there should be another referendum.

Maureen Rupe, 7185 Bright Avenue, Cocoa, President of Port St. John Homeowners Association and member of the MSTU Committee, stated the Committee claimed there is no overage, yet in July, 1995, it voted on the overage to put improvements in Phase II, which was a master plan for Canaveral Groves. She stated the majority of the bond money is going into Canaveral Groves; Port St. John desperately needs a passive park; and some residents feel they need to fund the community center and ballfields and stay within the budget. She stated for peace in the community and a sense of fairness, the MSTU Committee should agree to a referendum; and it is the best people to oversee construction of the facilities, but not to add 1.2 million dollars to their disposal. She requested the Board agree to the referendum to end the conflict.

Walter Santschi, 5210 Vance Place, Cocoa, supported a referendum on the disposition of any tax levy surplus.

Richard Mickle, 4640 Ashbury Road, Cocoa, requested the Board disband the Committee that is causing a conflict of interest and not dealing in the best interest of the people of Port St. John. He supported a referendum to allow people to dictate where their money will be spent; and noted $750,000 was requested for an equestrian arena.

Commissioner Scarborough advised the MSTU Committee was established by the North Brevard Parks and Recreation Board whose members are appointed by the Board of County Commissioners, School Board and City of Titusville.

Bob Rupe, 7185 Bright Avenue, Cocoa, agreed the Committee should be disbanded; it should be an advisory committee to oversee the building of facilities; their expertise is needed on how to set up softball, little league, soccer, and football fields; but everyone in the community should make a decision on how to spend the 1.2 million dollar overage.

Roseann Greco, 6770 Ackerman Avenue, Cocoa, Vice President of Port St. John Little League and member of the Advisory Committee, advised the Committee is to advise the Board on the needs of the community; it is not against a referendum; it is trying to look into the future; it has ideas about projects but nothing on paper, no costs, and no pictures of what they may look like; and inquired if they start to build the approved facilities and run out of money, what will they do. She stated a referendum to determine how to spend any overage or return it to each household should be considered when they know there is going to be money left over.

Laura O?Hara, 4275 Fay Boulevard, Cocoa, advised she supports a referendum for anything above the 3.2 million dollars that was originally estimated to cost and what they agreed to work with, because the voters should have a say for anything above that amount.

Becky Cronau, 5637 Jamaica Road, Cocoa, member of the Board of Directors of Port St. John Homeowners Association, stated she supports the Homeowners Association?s position.

George Broyles, 5540 Hastings Street, Cocoa, Chairman of the Joint Committee for the MSTU, member of the Community Center Development Committee, Off Road Vehicle Park Development Committee, and North Brevard Parks and Recreation Advisory Board, advised originally there were two issues--the 200-acre off road vehicle park and athletic fields, and the community center; and explained why there may be surplus funds. He recommended postponing the referendum until the Fall Election so the community can get together on what they want, review what the design engineers recommend, and have more realistic figures and more specifics.

Commissioner Scarborough recommended language changes for the referendum; and inquired if the referendum is postponed until September, will it hurt the community by failing to resolve the issue; with Mr. Broyles responding there are strong feelings on both sides of the issue, distrust of how money is spent, and not having surplus funds in escrow and wanting it spent now.

Ernest Voegtlin, 6983 Carlowe Avenue, Cocoa, advised the construction of the community center and athletic fields should proceed; and if there are surplus funds, they should be returned to the voters or a referendum be put on the ballot to allow people to decide how they want to spend the funds.

Discussion ensued on a March or September Referendum, and making an educated vote with more specific information.

Ms. Greco, Joel Stoves, Hans Saurenmann, Laura O?Hara, David Bono, Bob Rupe, and Mr. Stadnik spoke again, giving their opinions on what has been done and should be done regarding a referendum.

Commissioner Scarborough recommended the motion be worded in the same manner as the Micco Referendum.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution approving ballot language for Port St. John/Canaveral Groves MSTU Referendum Straw Ballot for disposition of annual tax levy surplus as amended. Motion carried and ordered unanimously.

The meeting recessed at 4:29 p.m. and reconvened at 4:44 p.m.

DISCUSSION, RE: REFERENDUM TO AMEND BREVARD COUNTY CHARTER TO RETURN ELECTION OF COUNTY COMMISSIONERS AND CONSTITUTIONAL OFFICERS TO PARTISAN BASIS

Marian Lambers, 1180 Montego Bay Drive, Merritt Island, representing the Merritt Island Executive Council, advised after discussion of the subject, the Council unanimously opposed changing the Charter until after the Charter Review Committee is appointed and reviews the Charter again in July, 1997. She stated it should be tried out before it is changed.

Jim Mundhenk, 650 Paula Avenue, Merritt Island, opposed changing the Charter to allow partisan elections; and agreed with the Merritt Island Executive Council. He stated the Board should appoint a committee to make recommendations on the Board?s modus operandi, as the method of operation has not changed since they began as a Charter Government.

Gail Cannon, representing the League of Women Voters, advised Barbara Jagrowski said not to put the item on the ballot as it is too important to decide with such haste and it is asking for a change before it is used. She stated the League of Women Voters asks the Board to allow the Charter Review Committee to study it after the National Election.

Joseph Stadnik, 34222 Angelica Street, Cocoa, advised if a person does not have an organization, no one listens; judges represent themselves, and there are very few ads on their qualifications, so people vote in the dark; and commissioners should have a party, because the best wins.

Ray Olinger, 2954 Chipper Drive, N.E., Palm Bay, supported the proposal to amend the Charter for partisan offices because the poor will not have a chance to gain power without a party; wealthy candidates do not need a party; and without the change it will create one party of the wealthy.

Hank Hurley supported the proposal to amend the Charter and put partisan back in because the two party system is the finest and people get to know the candidates.

Commissioner Scarborough inquired what does the Charter say about the committee and changes to the Charter; with County Attorney Scott Knox responding the Board has to appoint a Charter Review Commission no later than July 1, 1997; and they have one year from the date of the first meeting to submit recommendations as to whether they should change the Charter. He stated if they make recommendations for change, they have to hold public hearings on the proposed changes; and the Board has to set a referendum.

Commissioner Ellis stated he would like to put the issue on the ballot to take effect in 1998, because people are collecting petitions for nonpartisan election now.

Commissioner Scarborough inquired if people can come directly to the Board like the Republican Party and circumvent the process; with Mr. Knox responding the Board has the authority to initiate Charter amendments by petition, directly, and by the Charter Review Committee.

Chairman Cook advised it was not an effort by Mr. McKeown or the Republican Party to circumvent the process. Commissioner Scarborough stated he does not want to change the Charter and violate it by the manner in which the Board would proceed. Chairman Cook and Commissioner Scarborough exchanged comments on the proper method of amending the Charter. Chairman Cook advised the Board has the authority to put a referendum on the ballot to amend the Charter.

Mr. Knox advised an issue he did not resolve prior to the meeting is whether or not the Board has to act by ordinance in adopting a Charter amendment, because the Charter does require the Board to act by resolution or ordinance; however, it does not address that in the Charter provisions on how to amend the Charter. He stated it may be necessary for the Board to hold public hearings if it initiates a Charter amendment.

Chairman Cook advised there are two AGO?s that say the Charter Commission does not have the authority to make local offices nonpartisan because it is in conflict with the Florida Constitution; they were from Mr. Butterworth who is a Democrat, and from Jim Smith who is a Republican; so there is a chance that could be the case. Mr. Knox stated that is true, but whether or not it is accurate depends on whether the courts agree with the AGO?s. Chairman Cook stated putting it on the ballot is the best way to go, and it allows people to vote on the issue; with Commissioner Scarborough responding he wants to make sure no one questions the Charter amendments.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to table discussion for 30 days on a referendum to amend the Brevard County Charter to return election of Commissioners and Constitutional Officers to partisan basis. Motion carried and ordered unanimously.

RESOLUTION, RE: BALLOT LANGUAGE FOR REFERENDUM TO AMEND THE CHARTER LIMITING ANNUAL PROPERTY TAX INCREASES

Joseph Stadnik advised he agrees with limiting property taxes; and recommended the Board take the step to limit increases in taxes.

Joe Teague Caruso, 800 E. Merritt Island Causeway, Merritt Island, Attorney for Citizens Against Property Increasing Taxes, stated they are in favor of placing the proposed Charter amendment on the ballot. He stated there have been suggestions if passed, it could be unconstitutional; however, it is not unconstitutional until the courts declare it; and it is to reduce the cap from 10% to 3%. He advised of court cases relating to tax caps; and stated he prepared a memo of law on the issue.

Chairman Cook advised the Supervisor of Elections has certified the proper number of petitions have been garnered to place it on the ballot for Charter amendment; 12,000 citizens have signed a petition to request this; so the Board has to moved forward with it and allow the people to vote on it.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to adopt Resolution allowing a referendum on the proposed Charter Amendment to further limit annual property tax increases for March 12, 1996. Motion carried and ordered unanimously.

DISCUSSION, RE: REDUCTION OF WATER ASSESSMENT FOR UNBUILDABLE LOT IN NATIONAL POLICE HOME FOUNDATION

Commissioner Ellis advised Mr. and Mrs. Cowart own two lots; the second lot was cut off at an angle by I-95 so there is no access; and it is not large enough to be a flag lot; it does not meet the RR-1 requirement; there was a staff error; and the lot does not meet the requirement of a buildable lot.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to waive the second water assessment for an unbuildable lot owned by Mr. and Mrs. Cowart in National Police Home Foundation.

Commissioner Higgs advised the lot looks like it is half the size of a normal lot, and access could be gained through an easement over the property. She inquired if the owner could sell the lot and give an easement to the new owner; with County Attorney Scott Knox responding assuming the size meets requirements, that could be possible. Commissioner Higgs stated a variance could be given; and inquired if the owners are willing to agree it will only be used as one lot.

Commissioner Ellis inquired if the owners agree to have one home on two lots; with Gizelle Cowart, 3901 Pinewood Road, Melbourne, responding that is not a problem; and if they sold the property, it would be sold as one lot. Mr. Knox stated it could be a condition of the approval by resolution, and they can execute the resolution as part of the agreement.

Chairman Cook inquired if that is part of the motion; and Commissioners Ellis and Scarborough agreed to incorporate it in the motion.

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

Commissioner Higgs advised of a letter from Finance requesting the Board appropriate a funding source to compensate for the revenue shortfall if the Board approves the waiver. She stated Mr. Burdett also pointed out the Board is paying 4.41% on the variable rate commercial paper and the financing rate of the resolution was 4.0; and requested Mr. Jenkins provide information on where they will get the revenue to take care of the shortfall and a way to address the variable rate issue. Chairman Cook instructed the County Manager to get back with the Board on those issues.

REIMBURSEMENT OF FEES, RE: SMALL SCALE PLAN AMENDMENTS 95S.4 AND 95S.5

Joyce Dabbs, 8420 U.S. Highway 1, Micco, representing Mrs. Vivian Stevens, Mrs. Elizabeth Mulhern, and Mr. Gudelman, property owners in Block B, Plat of Jorgensen, in Grant between the railroad track and U.S.1, advised the property has been in the family since 1912 and the zoning has been BU-2 for some time; they have a buyer for a couple of the lots; and she had to pay fees of over $1,000 to keep her zoning as BU-2. She stated at the time they filled out the forms, someone mentioned they should send a letter that the money be reimbursed; so that is what she is here for.

Commissioner O?Brien inquired why was it amended if it was zoned commercial; with Assistant Growth Management Director Peggy Busacca responding the zoning has not changed; but the land use designation was changed to residential in 1988 when the Comprehensive Plan was adopted because the Board at that time felt it should be residential. Discussion ensued on who recommended the change. Commissioner Ellis stated it was not requested by anyone.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to approve reimbursement of fees for Small Scale Plan Amendments 95S.4 and 95S.5.

Commissioner Higgs expressed concern about setting a precedent regarding fees for changes to the Comprehensive Plan, as there are many areas in the same category. She recommended staff look at the fiscal impact that will come with this approval, and get that information to the Board.

Discussion ensued about the character of the area, the County?s decision to change the land use causing people additional expense, and fiscal impact for other amendments.

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

Commissioner Scarborough requested staff do a fiscal impact study on all the amendments and provide that information to Commissioners. Ms. Busacca inquired if the fiscal impact is on those amendments that have come to the Board since 1988; with Commissioner Scarborough responding no. Commissioner Higgs stated a lot of people have paid the fee to get Comprehensive Plan changes who could come back and ask for reimbursements, so it is relevant; and the other issue is how many others are out there who have not asked for changes to the Comprehensive Plan yet.

Discussion continued on the Comprehensive Plan causing hardships, the County being forced by the State to prepare a Plan, not charging others who want to amend the Comprehensive Plan, the previous issue of existing land uses, vacant property, rezoning of properties, grandfather clause, and staff providing general information to each Commissioner on the fiscal impact rather than going through every parcel of property.

Ms. Dabbs stated the veterinarian in Block B was reimbursed his fees; with Ms. Busacca responding he was reimbursed $500 of the $1,000 he paid for a small scale amendment because the fee was reduced to $500.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: AMENDMENTS TO THE COMPREHENSIVE PLAN FOR GRISSOM PARKWAY

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant permission to advertise amendments to the Comprehensive Plan in Amendment Cycle 1996A for Grissom Parkway. Motion carried and ordered unanimously.

Commissioner Ellis requested a larger map for the public hearing; with Assistant Growth Management Director Peggy Busacca responding staff will do that.

DISCUSSION, RE: FARM ANIMALS AS PETS IN GU ZONING

Commissioner Scarborough recommended conditional use permits for farm animals as pets, but the application fee be reduced to a minimal amount. Commissioner Ellis stated it would be the same result as permitted with conditions; with Commissioner Scarborough responding no, it would provide notice to neighbors.

Discussion ensued on the $398 fee, government subsidizing almost every effort, a proposed $25.00 fee, one appearance before the P&Z or Board of County Commissioners, a procedure outside of the zoning process to permit pets, and appeal to the Board of County Commissioners if denied by the P&Z Board.

County Attorney Scott Knox advised the Board would have to revise its procedures to allow specific types of CUP?s to come directly to the Board; and there is another issue on the Agenda regarding revocation of CUP?s.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to direct staff to draft an ordinance amending the conditional use permits provisions providing for CUP?s to be heard directly and only by the Board of County Commissioners for farm animals in GU zoning classification; and to establish the application fee as $25.00. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to direct staff to review all CUP?s to determine if they must be heard by the P&Z Board or can be heard at one hearing before the Board of County Commissioners, and to review the fees and adjust them to make it easier for people to apply for a permit. Motion carried and ordered unanimously.

APPROVAL, RE: QUESTIONS FOR NORTH BREVARD HOSPITAL DISTRICT BOARD APPLICANTS

Commissioners discussed what questions they desired to keep and/or delete.

Motion by Commissioner O?Brien, seconded by Commissioner Ellis, to approve questions 1, 2, 3, 6 and 7, and 2 and 3 for North Brevard County Hospital District Board applicants to answer and respond to in two weeks after receipt. Motion carried and ordered unanimously.

DISCUSSION, RE: OPERATION AND MAINTENANCE COSTS AT BREVARD COUNTY DETENTION CENTER

Commissioner Ellis indicated the Board considered a maximum of one pod initially and double bunk eventually, so it does not need a revenue source for a two-pod expansion.

Chairman Cook advised the Board decided on one pod because of the incredible operating expense. He inquired if the County should go to the Cities for interlocal agreements since he does not expect to get 100% participation. Commissioner Ellis responded the Board needs to inform the cities of what it is doing; and Chairman Cook agreed. County Manager Tom Jenkins advised the concept was discussed that if there is a significant amount of time involved in trying to get interlocal agreements, getting a mandate from the people that they want one cent for six months to pay for a jail would put the County in a much stronger negotiating position. Commissioner Ellis advised a millage increase after the tax cap referendum in March would be moot because it would be limited to 3%; so the Board would have to look at cutting elsewhere or have new construction pay for operation and maintenance. He recommended meeting with the cities and explaining to them what the Board is doing without the formality of pursuing an interlocal agreement. Chairman Cook stated that is the better way to go.

Commissioner Scarborough requested Assistant County Attorney Shannon Wilson explain the rights of the cities to give the Board a perspective of where it is with the cities. Ms. Wilson explained the requirements of Florida Statutes, stating if the County does not obtain interlocal agreements with the cities, it will have to divide the proceeds by the statutory formula; however, the argument is only the County operates the jail and there is no way the cities can use the money if the referenda is formulated to limit it to the jail. She stated there was a similar case litigated regarding impact fees in another county; they were ultimately successful; and it would be the same rationale with this issue. Chairman Cook advised the Board will move ahead and inform the cities, but not go through the time and effort to pursue interlocal agreements at this time. He inquired if a motion is required to clarify that for staff; with County Attorney Scott Knox responding he will take that as direction.

TEMPORARY USE AGREEMENT WITH MacASPHALT, INC., RE: USE OF PORTABLE ASPHALT PLANT AND ASSOCIATED EQUIPMENT AND MATERIALS FOR ROAD IMPROVEMENTS FOR SR 528 AND I-95

Commissioner Scarborough advised they talked to some of the people in the area and there is no one here to oppose it today, so he will move to approve it.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Temporary Use Agreement with MacAsphalt, Inc. to locate a portable asphalt plant and associated equipment and materials on GU property in Mims area for the SR 528 and I-95 Road Project.

Commissioner Higgs inquired if it is legal to allow industrial use on property not zoned industrial; with County Attorney Scott Knox responding the Board has done it before and has set a precedent. Zoning Official Rick Enos advised it has been common practice to handle contractors dealing with public improvement projects, typically under one year in duration. Commissioner Higgs stated because it was done before does not make it legal. Mr. Knox advised if there is a procedure in the Ordinance to allow it to happen, then they can do it.

Chairman Cook inquired if the surrounding property owners were notified; with Commissioner Scarborough responding it is not rezoning so notices were not sent and the property was not posted; however, they talked to Mr. Gross, but he does not know if he talked to his neighbors.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to table Temporary Use Agreement with MacAsphalt, Inc. to locate a portable asphalt plant, equipment and materials on property in Mims until January 23, 1996. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct staff to send notices in the same manner as for rezoning applications to inform the neighbors of the request to locate a portable asphalt plant in the area. Motion carried and ordered unanimously.

Mr. Knox advised under the new rules, it is possible to adopt an ordinance after ten days; and it may be possible to have a procedure in place if the Board wants to authorize it.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize the County Attorney to draft an ordinance to allow temporary asphalt plants, and advertise the public hearing pursuant to State Law. Motion carried and ordered unanimously.

DIRECTION, RE: ADMINISTRATIVE REZONING TO REMOVE CUP FOR BIRDS

Zoning Official Rick Enos requested Board direction to initiate administrative rezoning on property owned by Marsha Witt which is currently a tropical bird farm. He stated there were objections from neighbors; the property is under Code Enforcement action; and there is a conditional use permit (CUP) on the property. He stated the Board identified a small area to locate the birds; they have not complied with the location; Ms. Witt intends to submit a request for a new CUP to expand it; and if this action is approved, staff would initiate administrative rezoning to remove the existing CUP. Commissioner Scarborough recommended doing the whole thing administratively with the capacity to reduce, expand, or change the CUP rather than having two actions; and Ms. Witt would not have to do anything. County Attorney Scott Knox advised a procedure to do that is not in the Ordinance; however, the Board can adopt a procedure by January 23, 1996 to revisit CUP?s where conditions are not complied with, not only for this CUP.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct the County Attorney to prepare an ordinance to allow the Board to revisit conditional use permits, and to advertise it for a public hearing on January 23, 1996.

Mr. Enos inquired if the ordinance allows staff to do administrative rezoning to reconsider an entire CUP, should he contact Ms. Witt so she does not submit a new application; with Commissioner Scarborough responding that is the purpose of hearing it as one issue.

Commissioner Ellis recommended holding Code Enforcement action if the Board is going to re-address the issue; with Commissioner Scarborough responding the problem is they have done nothing to comply. Mr. Enos stated they started cleaning Area C and building forms for the bird cages, but have not moved any birds. County Attorney Knox advised if the Board proceeds with the Code Enforcement action, it may preclude it from revisiting the issue; and recommended the Board abate the Code Enforcement action rather than waive the potential for re-addressing the issue.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to abate Code Enforcement action on the Witts property until the ordinance comes back to the Board. Motion carried and ordered unanimously.

The meeting recessed at 6:05 p.m. and reconvened at 6:17 p.m.

APPROVAL OF REQUEST FOR PROPOSAL, APPOINTMENT OF SELECTION COMMITTEE, AND PERMISSION TO DISTRIBUTE RFP, RE: SOLID WASTE DISPOSAL SERVICES WITHIN THE SOUTH BREVARD SERVICE AREA

Solid Waste Management Director Richard Rabon advised the Board approved the pre-qualification of nine vendors; and approval of the Request for Proposal (RFP) document will allow staff to distribute same to those vendors and seek their responses by March 4, 1996. He stated the RFP provides for various alternatives; and comments were received from vendors, and some incorporated in the document.

Chairman Cook inquired if it gives the County maximum flexibility to reject all proposals or select a new option if the Board decides; with Mr. Rabon responding yes, including no action option.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve the Request For Proposal (RFP) document and underlying parameters that the RFP was based upon; appoint Commissioner Ellis, Tom Jenkins or his designee, Charlie Hunter, Scott Knox or his designee, and Richard Rabon to the Selection Committee to evaluate responses and recommend a vendor; and authorize staff to distribute the RFP to pre-qualified vendors.

Commissioner Ellis inquired about the CPI cap and if 6% is reasonable; with Mr. Rabon responding yes, but if the Board feels it should be less, they can change it. Commissioner Ellis inquired if there will be a mechanism to renegotiate; with Mr. Rabon responding yes, there is a $10.00 per ton cap. Commissioner Ellis inquired if it has been made clear that the risk is on the vendor; with Mr. Rabon responding it is in the base proposal they are all required to execute. Discussion continued on the CPI cap and index developed and used by Florida Department of Environmental Protection

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

CHANGE ORDER NO. 1 WITH RKT CONSTRUCTORS, INC., RE: NORTH BREVARD YARD WASTE MULCHING FACILITY

Chairman Cook advised a $389,000 Change Order gives him a lot of concern; Surface Water Improvement and Public Works Departments have not reviewed it; and requested more justification and review by those Departments.

Motion by Commissioner Scarborough, to table Change Order No.1 to Agreement with RKT Constructors, Inc. for North Brevard Yard Waste Mulching Facility, until January 23, 1996.

Commissioner Ellis advised he has questions. Commissioner Scarborough withdrew the motion to table. Commissioner Ellis recommended staff look at a larger size pipe before putting anything in the ground; and stated the fill increased by $1.13 a cubic yard which seems high. Mr. Rabon stated the source of the material changed; and staff has looked all over to bring the price down, but has not been able to locate one in any closer proximity. Commissioner Ellis inquired about coming from Cocoa landfill; with Mr. Rabon responding they do not have the material readily available at the landfill; and the contractor for the County?s dirt is not far from there, but transportation is further from there than from Bithlo because it is 20 plus miles versus 15 or 16 from Bithlo.

Chairman Cook indicated the County should look at bidding out Change Orders when they get that large. Commissioner Scarborough stated even with the Change Order it is still lower than the next bid; with Mr. Rabon responding yes, it is about $75,000 to $80,000 less than the next low bid.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to table Change Order No. 1 to Agreement with RKT Constructors, Inc. for North Brevard Yard Waste Mulching Facility until January 23, 1996. Motion carried and ordered unanimously.

APPROVAL, RE: REVISED 1996 BOARD MEETING SCHEDULE

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve the revised 1996 Board Meeting Schedule, rescheduling the joint meeting with the City of Cocoa and scheduling an Emergency Management Workshop. Motion carried and ordered unanimously.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to authorize the Chairman to hear those people who are present to speak on items. Motion carried and ordered unanimously.

DISCUSSION, RE: FORMATION OF CITIZENS ADVISORY COMMITTEE ON IMPROVED ACCESS TO GOVERNMENT INFORMATION USING INFORMATION TECHNOLOGY

Hans Saurenmann, 200 International Drive, Cape Canaveral, advised he is in favor of establishing a citizens advisory committee on improving access to Government information.

Rob Cartaino, 4890 Lipscomb Street N.E., Palm Bay, advised he is here to answer any questions about Tru Media ?Brevard On-line?.

Commissioner O?Brien recommended the Board establish a five-person advisory committee regarding accessible information and going on line, and each Commissioner make an appointment.

Motion by Commissioner O?Brien, seconded by Commissioner Ellis, to authorize establishment of a Citizens Advisory Committee to improve access to Government information.

Commissioner Scarborough advised Joe DeLancey and Dr. Al Koehler both want to serve; Nick White who is now with the Clerk?s Office has put together a lot of information going on the Internet; and inquired, rather than limiting it to five, could he put two people in for his one position who would serve simultaneously with only one vote, and ask if the Clerk wants someone to attend.

Commissioner O?Brien amended the motion to a ten-member committee.

Commissioner Scarborough inquired if Constitutional Officers could make appointments; with Chairman Cook responding over ten gets unwieldy, but he will support what the Board wants to do. Commissioner O?Brien advised the Clerk or Mr. White could call a Commissioner to consider his appointment. Commissioner Scarborough recommended the County Manager give the Commissioners a flow chart of who is involved in information technology. Chairman Cook recommended opening up the process so more people can get more information and make it cost effective.

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

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE ESTABLISHING SLOW SPEED ZONE OUTSIDE MARKED CHANNEL

Kenny Boyd, 1465 S. Lester Court, Merritt Island, stated the State will require four-mile slow speed zones half a mile wide every time a boat ramp or dock is added; the County will eventually run out of areas where people can go faster than slow speed; and there has not been a death of manatees by collision with watercraft in that isolated area. He noted ?for the life of the boat ramp? indicates it does not matter what happens in the future; if the Board adopts an ordinance, the enforcement will fall on the Sheriff?s Department; but if the State establishes the rules, the Marine Patrol will enforce them. Mr. Boyd stated the manatee protection plan will come up for review in a short period of time; and recommended waiting for the plan and discuss trouble areas after review; and the Department of Environmental Protection should not throw in regulations in advance.

Jeff Pira, P. O. Box 541712, Merritt Island, President of Citizens for Florida Waterways, advised they do not approve of the ordinance because a zone stretching two miles north and two miles south, 2,000 feet out does not sound like a zone in the interest of protecting boater safety, but more like a manatee protection zone. He advised of Abby Marina?s encounters with the Department of Environmental Protection; indicated it is requesting a manatee protection plan at Scottsmoor Landing before granting a permit; and suggested the Board wait until the plan is adopted to apply for a permit for the Scottsmoor Landing project.

Chairman Cook advised if the Board adopts a manatee protection plan, it will supersede any slow speed zone in effect in that area. Parks and Recreation Director Chuck Nelson advised it would be an improvement over the conditions the County accepted in 1993, and it will be in a better position with the plan that will supersede the zone and not restrict the channel.

Discussion ensued on the 2,000 feet perimeter, the manatee protection plan, the channel, experiences with the Department of Environmental Protection, permits, and boat traffic.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to grant permission to advertise a public hearing to consider an ordinance amending Chapter 122, Waterways, Article II, to designate an area outside the boat access channel in the Indian River, from Scottsmoor Landing Park, as ?slow speed? zone. Chairman Cook advised Leroy Wright told the Manatee Protection Committee the length of the slow speed zones will burn up boat motors and is not practical. Discussion continued on a dredge and fill project, construction of the boat ramp, reduced channel markers, and conditions agreed to in 1993.

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

WAIVER OF MUSIC AND ALCOHOLIC BEVERAGE REGULATIONS, RE: VIETNAM VETERANS REUNION

Jim Tuck, 735 Orchid Lane, Merritt Island, Vice President of the Vietnam Veterans of Brevard, requested waiver of the music and alcohol regulations as well as the insurance requirement; stated they have security of 25 people on duty all the time; and they have medical people from Harbor City Volunteer Ambulance Squad and Patrick Air Force Base.

Commissioner Ellis stated he does not mind waiving the requirements except the insurance; and recommended the camping fees pay for the insurance. Parks and Recreation Director Charles Nelson stated they have not done that before, but if the Board wants to make that donation to the veterans, they will do it. He stated they are required to have general liability and liquor liability coverage for the three days they sell alcoholic beverages.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to waive provisions of Article IV, Festivals, and Article V, Section 18-104(3), Alcoholic Beverages, for the Ninth Annual Vietnam Veterans Reunion in Wickham Park, from April 15 through 21, 1996, subject to the organizers providing general comprehensive liability insurance with liquor liability coverage, security, traffic control, port-o-lets, and clean up, and obtaining all necessary permits; and approve donation of the premium cost for insurance from the excess camping fees realized at the Park from the event. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - CAROLYN ALVORD, RE: PROPOSED ORDINANCE TO ALLOW DEVELOPMENT OF FIVE-ACRE TRACTS UTILIZING DIRT ROADS

Commissioner Ellis inquired what is Carolyn Alvord asking for; with Planner II Romeo Lavarias responding she wanted to ask the Board to direct staff to look into the possibility of accessing properties in Merritt Island of five-acre tracts, by dirt roads or easements for AU zoned properties without having to pave roads. He stated they are working with Growth Management and Code Compliance on that. Commissioner Ellis inquired what is the problem with putting in dirt roads; with Mr. Lavarias responding the Dirt Road Ordinance requires the road be over existing right-of-way; and if it is not there, people have to use easements and flag stems which will only accommodate a few lots. He stated Ms. Alvord wanted a 50-acre tract, divided into five-acre tracts, each having access off one dirt road; and if there is no existing County right-of-way there, they would have to access by easement or flag stems. He stated she wanted an ordinance that would accommodate one easement serving all ten tracts. Commissioner Ellis stated she could put in a road and dedicate it to the County and leave it as a dirt road; with Mr. Lavarias responding that is a possibility, but she wanted an ordinance that would allow her and other people out there to develop agriculture properties if they experience a down year with groves without losing agricultural exemption. He stated they wanted to develop portions of the properties without going through platting subdivisions and creating roads. Commissioner Ellis inquired if staff needs direction; with Mr. Lavarias responding staff is working with her now.

County Manager Tom Jenkins advised staff will bring a report back to the Board.

AUTHORIZE EARLY REDEMPTION, RE: SUBORDINATE UTILITY REVENUE BOND, SERIES 1988

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize early redemption of the $1.1 million Subordinate Utility Revenue Bonds, Series 1988. Motion carried and ordered unanimously.

DISCUSSION, RE: PROPOSAL REQUIREMENTS FOR SMALL COMPANIES

Commissioner O?Brien advised the bidding procedure has been subordinated by rules; in order for a small company to quality, it has to provide a performance bond, financial statement from a CPA and meet other stringent requirements; and landscaping companies with three or four employees, or other small family-owned businesses are locked out of the process. He recommended reducing the requirements for a certain amount, allowing companies to produce profit and loss statements to show potential stability rather than a financial statement, and defining small businesses. He stated the Corps of Engineers and Department of Defense have small business set asides; and the Board could direct staff to look at a way to create set asides for small business.

Chairman Cook advised he does not have a problem with the recommendations except for the set aside; the Board wants to guarantee equal opportunity, but it does not translate into equal results; and set asides and quotas are trying to guarantee results. Commissioner O?Brien stated there are specific areas such as landscaping projects, and the County Manager could judge what projects are good for small business set aside. Chairman Cook stated if staff is directed to look at the recommendations, it will accomplish that without having set asides.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to direct staff to review requirements so that small businesses can have the opportunity to participate and be competitive in the bid process, except for small business set asides; and report back to the Board within 60 days. Motion carried and ordered unanimously.

REVISION OF ORDINANCE NO. 74-02, RE: HISTORICAL COMMISSION

Motion by Commissioner Ellis, seconded by Commissioner Higgs, to approve revision to Ordinance No. 74-02, Historical Commission, to eliminate the residency requirement in order to allow a Commissioner the opportunity to appoint a resident who is knowledgeable in history, culture and development of Brevard County from any District. Motion carried and ordered unanimously.

APPROVAL, RE: ASSISTANCE FOR PALM BAY SENIOR CENTER

Motion by Commissioner Ellis, seconded by Commissioner Higgs, to authorize Facilities Construction staff to assist in preparing drawings of the proposed expansion of Palm Bay Senior Center. Motion carried and ordered unanimously.

DISCUSSION, RE: VERBIAGE ON PLAQUES AND ROADS (NORTH BREVARD LIBRARY) Commissioner Scarborough advised of requests from the North Brevard Library Board and County Library Board wanting their names on the plaque; the bigger the plaque, the more expensive it gets; he has no desire to have his name on the plaque; and if the Board does not care, it could save money by just having the Library Board members on the plaques for libraries.

Chairman Cook advised the only thing that should be on plaques is ?paid for by Brevard County taxpayers,? and the year for any County building. Chairman Cook passed the gavel to Vice Chairman O?Brien.

Motion by Commissioner Cook, seconded by Commissioner Ellis, that henceforth and forever, designations on County buildings, instead of listing names, etc., be ?This building paid for by Brevard County taxpayers? and the year it is completed.

Commissioner O?Brien inquired what happens if the facility is built by tax funds, grants and federal funds. He stated volunteers put in a lot of personal time, and a plaque would be a long-lasting reward to them. Commissioner Higgs stated the concept is solid, but she does not like the wording.

The Board discussed facilities built by tax funds, grants and federal funds, volunteers being rewarded for their personal time, honoring the taxpayers for making it possible to build buildings, use of other materials instead of bronze plaques, price of plaques, and names that should be on the plaques. Commissioner Higgs recommended ?Dedicated for the use and enjoyment of the citizens of Brevard County? and the date.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to amend the previous motion and approve verbiage on the plaque for North Brevard Public Library and all other libraries to read, ?Dedicated for the use and enjoyment of the citizens of Brevard County,? and the date.

Commissioner Ellis inquired if they could add the contractor and architect if they pay the difference in cost; with Chairman Cook responding it will complicate the matter, and they can put their own plaque up if they want to.

Commissioner O?Brien stated the volunteers on library boards should be on the plaques.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to amend the motion as amended to include local library board volunteers? names on plaques of libraries. Commissioner Higgs stated she will accept the amendment as part of her motion; and Commissioner Cook agreed.

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

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct staff to look at less expensive materials for plaques for all libraries.

Commissioner O?Brien stated he does not want to see junk on buildings that cost a lot of money; a library is going to be there for many years; and it should have something nice on it. Chairman Cook stated the cost is his concern.

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

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to discontinue putting Commissioners names on the sides of roadways. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ADOPTION OF 1995B COMPREHENSIVE PLAN AMENDMENTS

Commissioner Scarborough inquired if there is a desire to split out the wetlands policy from the rest of the amendments. Commissioner Higgs stated it will be a difficult meeting to cover all the amendments and a regular agenda. Planner II Todd Corwin suggested February 13, 1996. Commissioner Higgs recommended hearing some amendments on February 6 and others on February 20, 1996.

Chairman Cook advised he does not have a problem splitting it out; and Carol Senne of St. Johns River Water Management District is supposed to be working out language with the Department of Community Affairs that may be acceptable to the Board and the Department of Community Affairs with regard to this issue. Commissioner Ellis stated he would rather have two meetings; with County Manager Tom Jenkins responding staff will check with each Commissioner?s Office and try to schedule it for February 23, 1996.

CHANGE ORDER NO. 2 WITH PRIORITY ONE CONSTRUCTION, AND FINAL PAYMENT, RE: STATHAM PARK COMMUNITY CENTER RENOVATIONS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve Change Order No. 2 to Agreement with Priority One Construction, for Statham Park Community Center Renovations, increasing contract price by $2,619.66 and time by 40 days, to replace floor and ceiling tiles in the meeting room, add two emergency lights, replace three fixtures and two interior doors and hardware, and delete two-inch service riser; and authorize final payment to the contractor of $23,101.66. Motion carried and ordered unanimously.

PERMISSION TO ENLIST SERVICES OF CLAYTON, ROPER & MARSHALL, RE: EFFECT OF ELECTRICAL TRANSMISSION LINE ON TIMBERS WEST

Commissioner Ellis expressed concern about where the County is going with the Power Line Ordinance, the expense for the expert testimony, will expert witnesses need to be hired every time a transmission line is planned by Florida Power & Light Company (FPL), and future costs that will be involved if the Ordinance is upheld.

County Attorney Scott Knox advised a criteria for triggering the permitting process is whether there is a 10% impact on abutting property values; and that is what the Board would be looking at in most cases. He stated he is looking for an expert witness who has done this type of thing before and can say if the transmission line is put next to residential property, it will reduce the value.

Discussion ensued on cost to enforce the Ordinance if it is upheld, successful defense may solve the problem, cost to validate it through the court system, reducing the cost for the expert testimony, appraisals obtained by property owners who complain, alternative corridors, transmission lines as opposed to distribution lines, unfairness to people in Timbers West to re-address the Ordinance, and analysis of what the County is going to do if the Ordinance is upheld.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize the County Attorney to enlist the services of Clayton, Roper & Marshall to determine the effect on property values of the proposed electrical transmission line on property located in Timbers West Subdivision. Motion carried and ordered; Commissioner Ellis voted nay.

AMENDMENT NO. 1 TO CONTRACT WITH FLORIDA DEPARTMENT OF REVENUE, RE: FUNDING FOR CHILD SUPPORT ENFORCEMENT

Commissioner O?Brien advised the County is paying $65,000 a year for the Child Support Enforcement Office which is a dismal failure; it is supposed to look for people who are not paying child support, haul them into court, and make them start paying; but the Office is not doing that and is just facilitating the judges. He stated if they do not show up in court, the judges should immediately issue arrest warrants for contempt of court and impose a high fine; and if they cannot pay it, then put them in jail. He stated it is costing the County millions of dollars in social services and other things to take care of the women and children who are not receiving support; and recommended a letter be sent by the County Manager strongly urging them to perform their duties.

Motion by Commissioner O?Brien, seconded by Commissioner Ellis, to execute Amendment #1 to Contract GZ308 with the Florida Department of Revenue, increasing contract amount from $61,350 to $61,746; and directed the County Manager to write a letter strongly urging the Child Support Enforcement Office to perform its duties to bring in those people who are not paying child support. Motion carried and ordered unanimously.

RESOLUTION, RE: OBJECTING TO FEES CHARGED FOR LEASES, SUB-LEASES, AND MANAGEMENT AGREEMENTS ON STATE LANDS

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt Resolution objecting to the administrative fees charged annually by the Florida Department of Environmental Protection for leases, sub-leases, and management agreements on State-owned lands. Motion carried and ordered unanimously.

The meeting recessed at 7:44 p.m. and reconvened at 8:17 p.m.

RATIFICATION, RE: EXECUTIVE SESSION ON MIORELLI LITIGATION

Commissioner Ellis advised the Board is still working on a final settlement it can vote on.

Chairman Cook inquired if the Board defers action on the settlement at this time, can it accept or reject a final settlement; with County Attorney Scott Knox responding the format the Board is in right now is a continuation of the public hearing scheduled for December 12, 1995; and if it wants to defer action until it has a final agreement, it can continue the public hearing to a date certain. He requested permission to advertise another executive session before that to discuss it in detail in case the Board wants to reject it. Discussion ensued on a possible date for the executive session and continuation of the public hearing.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to authorize the County Attorney to advertise an executive session on the Miorelli Litigation for January 12, 1996, and to continue the public hearing until January 12, 1996. Motion carried and ordered unanimously.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 8:21 p.m.

ATTEST:

SANDY CRAWFORD, CLERK

(S E A L)

MARK COOK, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

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