MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

February 20, 1996

The Board of County Commissioners of Brevard County, Florida, met in regular session on February 20, 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.

Chairman Cook announced regular Board meetings will be broadcast over WBCC-TV the same week in which they are recorded. He thanked Sharon Luba for her help in implementing the broadcast project.

The Invocation was given by Commissioner Randy O?Brien.

Commissioner Truman Scarborough led the assembly in the Pledge of Allegiance.

The Melbourne High Quartet, David Terry, Matt Koziuk, John Ayala, and Luke Letter, sang the National Anthem.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to approve the minutes of the September 26, 1995 Regular Meeting, the October 10, 1995 Regular Meeting, the October 19, 1995 Special Meeting, and the November 14 and 28, 1995 Regular Meetings. Motion carried and ordered unanimously.

Assistant County Manager Joan Madden pulled Item III.B.6 from the Consent Agenda to be rescheduled on March 5, 1995, and moved III.B.5 to New Business.

Commissioner Higgs pulled Item III.D.1; Commissioner Ellis pulled Item III.B.18; and Chairman Cook pulled Items III.C.8, III.E.4, and III.E.8 from the Consent Agenda.

RESOLUTION, RE: NAMING GOOD HOPE ROAD

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution naming Good Hope Road in Township 23 South, Range 36 East, Sections 25 and 26. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution renaming Bison Place as Bison Street in Snug Harbor Village & Lakes. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Agreement with Suntree Partners for improvements in Spyglass Hill Road Extension. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant final plat approval for Brozman Estates aka Joy Road Subdivision, subject to minor changes, if necessary, and receipt of all documents required for recording, and with the developer responsible for obtaining jurisdictional permits. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant final plat approval for Briere Subdivision, subject to minor changes, if necessary, and receipt of all documents required for recording, and with the developer responsible for obtaining jurisdictional permits. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant final plat approval for South Shores, Phase I, replat of a portion of South Shores Riverside, subject to minor changes, if necessary, and receipt of all documents required for recording, and with the developer responsible for obtaining jurisdictional permits. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant final plat approval for Viera Tract G1, Phase 2, subject to minor changes, if necessary, and receipt of all documents required for recording, and with the developer responsible for obtaining jurisdictional permits. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant final plat approval for Viera Tract G2, Phase 2, subject to minor changes, if necessary, and receipt of all documents required for recording, and with the developer responsible for obtaining jurisdictional permits. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve property severance request of Byron D. Mead on the La-z-Boy site plan to create two distinct parcels. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Administrative Waiver of Fines and Release of Lien for property at 1010 Dakar Drive in Merritt Island. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant permission to advertise a public hearing to consider an ordinance amending Chapter 46, Brevard County Code, regarding septic systems. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution setting a public hearing for March 26, 1996 to consider vacating public utilities and drainage easements in Island Crossings as petitioned by Pulte Home Corporation. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution setting a public hearing for March 26, 1996 to consider vacating rights-of-way in Holiday Springs at Suntree as petitioned by Robert Kush. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution providing the initial assessment for Habitat Road Construction MSBU. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution of Necessity amending the original Resolution as the Board no longer needs fee simple ownership of property owned by Prime Development, Inc. for the Malabar Road widening project, from Curvet Circle east to I-95. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant permission to advertise bids and accept low qualified bid for a Caterpillar Grader 120H for Road and Bridge Maintenance in District 2. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve exchange with GSX, Inc. of a MDI/Yutani 450 Tracked Hydraulic Excavator for a new Kobelco Mark IV Hydraulic Excavator, at no additional cost, for use on Countywide drainage projects. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Agreement with the City of Cocoa for maintenance of seven existing traffic signals within the City. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Amendment to Agreement with Rheta C. and J. Maurice Campbell for lease of space located at 878 South U.S. 1, Rockledge, to be used as case management, counseling and other non-clinical services space for the Public Health Unit from March 1, 1996 through February 28, 1998. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution and execute Grant Agreement with Florida Department of Community Affairs in the amount of $5,081 for provision of medical services to indigent County residents; and authorize the Chairman to execute the follow-up standard contract and any necessary amendments after approval by the County Attorney and Risk Management. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to designate the Affordable Housing Council to review, before adoption, policies, procedures, ordinances, regulations or plan provisions that have a significant impact on the cost of housing. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve amended sections of the policies and procedures for the Demolition/Clearance Program, Consent and Authorization to Demolish and Dispose of a Structure, and Demolition/Clearance Contract; authorize solicitation of quotes for 15 demolition/clearance projects, and accept the lowest responsible contractor; and authorize the Chairman to execute each Agreement upon approval by the County Attorney. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve removal from the County?s Inventory of Whirlpool Air Conditioner PR#J-602-0300, Yazoo Mower PR#J-604-0489, and Color Television PR#L-711-0104, declared to be stolen or unaccounted for by the Parks and Recreation Department. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Agreement with East Mims Progressive Civic League, Inc. for use of Cuyler Civic Room at Cuyler Park, from February 20, 1996 through February 28, 1997. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to waive the provisions of Article IV, Festivals, to allow musical entertainment at the Old Fashioned Afternoon at the Park at Fox Lake Park on March 16, 1996, subject to the group providing public liability insurance and obtaining all state and local regulatory permits. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to waive the provisions of Article IV, Festivals, to allow musical entertainment, and Article V, Section 18-104(2), to allow sale/possession/donation of alcoholic beverages for the Bluegrass Festival at Fox Lake Park on March 23, 1996, subject to the group providing security through the Sheriff?s Department, general liability insurance including liquor liability, and obtaining all state and local regulatory permits. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to waive the provisions of Article IV, Festivals, to allow musical entertainment for Easter Sunrise Service at Sand Point Park on April 7, 1996. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Agreement with Maurice J. Compayre, President of Commercial Laundry Distributors, to provide laundry concessions at Wickham, Manatee Hammock, and Long Point Parks from February 21, 1996 through February 20, 1999. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Amendment to Agreement with Barker, Osha & Anderson, Inc., extending time for architectural engineering services for Melbourne Riverview Park Development to September 7, 1996 to provide sufficient time to close out the project. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Change Order No. 2 to Agreement with RKT Constructors, Inc. for Kelly Park Boat Ramp, increasing contract price by $2,020 to remove muck caused by differing site conditions; and approve final payment of $12,903 to RKT Constructors, Inc. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant permission to bid, award bid to lowest responsible bidder, and authorize the Chairman to sign Contract with the successful bidder for Pineda Swimming Pool Resurfacing. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant permission to bid, award bid to lowest responsible bidder, and authorize the Chairman to sign Contract with the successful bidder for the Cocoa West Community Center Gymnasium Flooring. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Service, License and Maintenance Agreement with Logistics Systems, Inc. for a computer aided dispatch system at $257,660. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution and execute Joint Participation Agreement with Florida Department of Transportation in the amount of $64,472 to construct the Eau Gallie and I-95 Park and Ride Facility; and approve Budget Change Request in the amount of $148,347. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Memoranda of Understanding with The Buchanan Company, Inc.d.b.a. Space Coast Sports Promotions in the amount of $4,000, $5,000 and $10,000 for bid fees for the 1996 National Amateur Athletic Union Age 14 and Under Baseball Championship, AAU Age 15-17 National Invitational Basketball Championship and AAU Age 11 and Under Boys National Basketball Championship. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Grant Amendment Form with Department of Environmental Protection for the FY 1995-96 Cooperative Aquatic Plant Control Program. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Hold Harmless Agreement with the School Board of Brevard County for use of the parking lot at Cocoa Beach High School for the Household Hazardous Waste Roundup on March 30, 1996. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Agreement and Conservation Easement Deed to Florida Department of Environmental Protection as required under the Environmental Resource and Stormwater Management permits, for expansion of the Central Disposal Facility. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Task Order No. 5 with Post, Buckley, Schuh and Jernigan, Inc. for renewal of the Sarno Road Landfill Operation Permit. Motion carried and ordered unanimously.

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

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant permission to advertise for bids to fence the boundary of the Sandy Pines parcel of the Turkey Creek Sanctuary. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution and execute Easement Deed to the City of Palm Bay for access to the City?s drainage canal located along the north boundary of the Malabar Scrub Sanctuary acquired by the EEL Program. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to award Proposal #P-3-5-14, Mobile Food Service Concession Service at Lori Wilson Park, to Harry?s Hawaiian Shave Ice; and authorize the Chairman to execute Contract with the vendor for the service. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to award Bid #B-2-6-34, Pest Control Countywide, to Ace Professional Pest Control, Inc. at $32,630.36 per year; and authorize the Chairman to execute Contract with the vendor for the service. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to award Bid #B-2-6-35, Re-roofing of Building B at South Brevard Service Complex, to Joseph Horschel at $29,700. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to award Proposal #P-3-5-17 to Birdies & Eagles for Habitat at Valkaria Food Concession and to Al Koether for Spessard Holland Golf Course Food Concession; award Proposal #P-3-6-10 to Putters-in for the Savannahs Golf Course Food Concession; and execute Agreements with the vendors for the services. Motion

carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Change Order No. 17 to Agreement with Brown & Root Building Company for the Harry T. and Harriette V. Moore Justice Center increasing the amount by $13,656.59 for tapered insulation, new roof drain, piping and associated roofing accessories, additional waterproofing, backer rod and sealant, revised data/communications and electrical outlets, door and millwork revision, and in-wall blocking, revise security ceilings, change concrete sidewalk and drive, relocate millwork and provide additional data/communications and electrical floor boxes. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Deductive Change Order No. 16 to Agreement with Brown & Root Building Company decreasing the contract amount by $33,137.87 to accommodate owner direct purchases for construction of the Harry T. and Harriette V. Moore Justice Center; and authorize transfer of the same funds to the direct purchase account. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve the Selection Committee?s ranking to provide continuing roof consultant services for Facilities Construction; appoint a Negotiating Committee consisting of Joseph Vislay or his designee, Hugh Muller or his designee, and Katherine Harasz or her designee; authorize negotiation with Tomasino and Associates, and if unsuccessful with A/R/C Associates, Inc.; and authorize the Chairman to execute Contract with the negotiated firm. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve removal from County Inventory of County owned tangible personal property that has been declared not repairable, incompatible or of little value to the County; and approve sale of the property to the highest bidder, with the Central Services Supervisor determining if the highest bid is acceptable, and all items not receiving bids to be surplused in accordance with County procedures. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant permission to advertise and evaluate proposals for Time and Materials Radio Maintenance Services for conventional non-800 MHZ radio equipment; extend current Agreement under Proposal #P-5-4-05, Radio Maintenance Services, with Communications International, Inc. until September 30, 1996; and appoint Joan Madden, Charlie Burton, Eric Conklin, Tom Long, Leslie Rothering and Joe Lamers to the Selection Committee. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize Risk Management, through Gallagher Bassett Services, to negotiate a settlement of the Workers? Compensation claim of George Sanders. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize expenditure of funds to allow the County Attorney?s Office to attend a bankruptcy hearing in Philadelphia, Pennsylvania. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to acknowledge receipt of internal audit follow-up of the County Attorney?s Office. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to accept the Revenue Monitoring Report for the quarter ending December 31, 1995. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to appoint Carol Hurst, 1120 Two Oaks Blvd., Merritt Island, to the Library Board; reappoint Adam Flores, 1725 Merrimack Drive, Merritt Island, to the Veterans Memorial Park Advisory Board; and reappoint John Daignault,

1400 Sykes Creek Drive, Merritt Island, Michael Selig, 1410 Sykes Creek Drive, Merritt Island, as Alternate, and Aneta Ott, 5855 Broad Acres Street, Merritt Island, to the Planning and Zoning Board. Motion carried and ordered unanimously.

Congressman Dave Weldon commended the Board for going forward with the video broadcasting to better inform the public. He advised of funding for NASA, a multi-year authorization for the space station, and the status of the commercial space industry. He noted the County?s high unemployment rate; and stated economic development will be crucial to maintain good quality jobs. He advised of the importance of the capital gains reduction and regulatory relief in economic development. He advised of the status of the budget; and noted interest rates, which have dropped 2% since the election of 1994, could drop another 2% if a balanced budget is achieved as hoped around the year 2002, which will allow individuals and municipalities to finance at lower rates, resulting in a stimulated economy and creation of jobs. He advised of the appropriation for construction of a veteran?s clinic and the status of the funding bill; and described proposed legislation to allow veterans to receive medical care in the community. He stated he has been working closely with Commissioner O?Brien on beach erosion to get funding for mitigation and restoration of the beaches. Congressman Weldon advised of lack of funding for beach mitigation and efforts to obtain funding in the future to address the problem. He advised of the status of funds for the widening of U.S. 192; and stated he will continue to work to get funds for that project and other highway projects. He explained the unfunded mandates legislation which passed with 91% support; and expressed support for further legislation to allow the local governments to do their jobs to provide quality government at a reasonable cost.

Commissioner Ellis stated only 80% of the gas taxes paid by Florida come back to the State; and requested Congressman Weldon get an equity adjustment. Congressman Weldon advised he is working on that, and was able to get the Block Grant increased by $6 million.

Commissioner O?Brien expressed concern about contracts with the Ukraine and Russia to launch rockets; and inquired why that was done. Congressman Weldon advised of actions taken to address the issue; and expressed disappointment with the sacrifice of jobs on the Space Coast to achieve long term foreign policy goals. He advised of the launch record at the Space Center and the problems in other countries.

Commissioner Scarborough inquired about positive results from the hearings in March, 1996. Congressman Weldon stated there should be adherence to the Agreement; and advised if the pricing is not competitive, there is recourse, but no recourse is specified. He expressed desire to have the negotiations re-opened to include additional language providing for recourse and for there to be no future agreements without proper representation of the interests of the country. Commissioner Scarborough offered the support of the Board.

Commissioner O?Brien read aloud a resolution describing the accomplishments of Irish-Americans and proclaiming March, 1996 as Irish-American Heritage Month.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to adopt Resolution proclaiming March, 1996 as Irish-American Heritage Month. Motion carried and ordered unanimously.

Ed Reilly, State Historian of the Ancient Order of Hibernians of America, expressed appreciation to the Board for the Resolution; and presented the Commissioners with copies of the Tartan of 100 Battles. Commissioner O?Brien presented the Resolution to Mr. Reilly.

Commissioner O?Brien read aloud a Resolution naming the Nature Center at Lori Wilson Park in Cocoa Beach as the Johnnie Johnson Nature Center.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to adopt Resolution naming the Nature Center at Lori Wilson Park in Cocoa Beach as the Johnnie Johnson Nature Center. Motion carried and ordered unanimously.

Karl Eichorn stated the Indian River Audubon Society endorses the naming of the Johnnie Johnson Nature Center; and expressed appreciation for the Resolution. Commissioner O?Brien presented the Resolution to Mr. Eichorn.

County Manager Tom Jenkins explained the Employee Innovation Program; and advised of the innovations submitted by Leo Menard and Michael Pauken of the Water Resources Department and Rita DiStasio and Mike Wimberly of the Solid Waste Management Department, and the savings to be derived from the innovations. He presented awards to Mr. Menard, Mr. Pauken, Ms. DiStasio and Mr. Wimberly.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve the Consent Agenda minus Items III.A.20, III.B.5, III.B.18, III.C.8, III.D.1, III.E.4 and III.E.8. Motion carried and ordered unanimously.

Chairman Cook called for the public hearing to consider a mixed use district expansion for Lots 1, 2, 3, and 4, Section 13, Township 27S., Range 36E.

Growth Management Director Susan Hann distributed additional information to the Commissioners; and described the handout.

Allen Smith, 3201 Fairview Drive, Melbourne, advised the neighbors do not object to the zoning as long as there is no noise, pollution or smell. He advised when the rezoning came before the Board three years ago, the Board assured nothing would be approved that would have a detrimental effect on the subdivision.

Jim Peeples, 505 North Orlando Avenue, Cocoa Beach, Attorney representing Fred Spiegel, requested the Court Reporter swear in all the speakers. The court reporter swore in Fred Spiegel, Jack Glatting, and Terry Strickland. Mr. Peeples outlined the request; and advised there was unanimous LPA approval. He provided a history of the property and the zoning, and described the surrounding property. He advised of the right-of-way between Mr. Spiegel?s property and the subdivision; and indicated willingness to do a landscaped buffer. He noted the error on the petition; and advised the property has been zoned BU-2 since 1958, and there is no request for rezoning.

Jack Glatting explained the request is to expand the mixed use district to the full depth of the property; showed the area on the map; and described the character of the area. He addressed access, buffering, wetlands, noise, pollution, and smell.

Terry Strickland, Appraiser with Tuttle, Armfield, Wagner, explained why the property is not suitable for residential development; and advised of the impact a residential development would have to Fairview Subdivision.

Fred Spiegel identified the area on the map; advised of the history of the property; and explained the buffering plan. He requested the Comprehensive Plan issues be resolved; and advised there are rules and Ordinances to protect the neighbors.

Commissioner Higgs inquired if Mr. Strickland is an expert on pre-development cost and planning, and is alleging that the marketability for residential development in the area would be nil; with Mr. Strickland responding affirmatively.

Commissioner Scarborough inquired if part of the reasoning is that there is BU-2 property to the south; with Mr. Strickland responding it is part of it. Commissioner Scarborough inquired if the EU property to the north would be adversely affected by Mr. Spiegel?s property in the same manner; with Mr. Strickland responding he cannot say as he does not know what would be on Mr. Spiegel?s property. Commissioner Scarborough inquired if Mr. Strickland has examined the property and the nature of the buffer; with Mr. Strickland responding there is nothing there now.

Commissioner Higgs inquired about level of service on Wickham Road. Growth Management Director Susan Hann advised the current level of service is D, and it would be difficult to assess the

traffic impact until there is clear definition as to the use of the property. Commissioner Higgs requested Ms. Hann estimate a BU-2 trip generation rate versus a residential trip generation rate; with Ms. Hann advising she would need additional information. Commissioner Higgs inquired what happens when it gets to level of service E; with Ms. Hann responding it hits the concurrency threshold which requires development to be restricted in that area.

Commissioner Ellis noted the first 300 feet is already mixed use district; and the high volume uses will use the highway frontage.

Commissioner O?Brien inquired what is the intended use of the property; with Mr. Spiegel responding warehouses with retail uses on the frontage. Commissioner Higgs inquired about trip generation for warehouses; with Mr. Glatting responding there are uses within BU-2 that would allow development at a lower trip generation than residential development.

Commissioner Scarborough inquired about buffers and barriers; with Mr. Spiegel responding there is overgrown vegetation, and he is willing to put whatever is required by the Ordinance.

Commissioner Higgs outlined the staff comments relating to a mixed use expansion on April 13, 1993; and inquired if there is a provision in the Comprehensive Plan which would only allow one mixed use district expansion on the parcel in question. Planner II Todd Peetz explained that Mr. Spiegel could expand to the rear of his property, but an individual cannot expand off an expansion. Commissioner Higgs inquired if a partial expansion was approved today, could Mr. Spiegel not expand again; with Mr. Peetz responding he would probably have to apply for a plan amendment for a mixed use district.

Allen Smith advised the 25-foot right-of-way is a trash pile which is a fire hazard. Mr. Spiegel advised he will clean it out. Mr. Smith expressed concern about shallow wells in the subdivision.

Discussion ensued on the best way to handle the right-of-way and buffering.

Chairman Cook advised the Board needs to address the issues of buffering and separation between commercial uses and residential uses; and expressed concern about the transition between the commercial and residential properties. He suggested deeding the 25-feet to the homeowners for use as a perpetual buffer, with the applicant creating an additional 15-foot buffer.

Commissioner O?Brien inquired whether the right-of-way should be changed to an easement or should be vacated; and outlined the options.

Mr. Peeples stated those actions should be part of the site review plan done by administrative staff; and advised the residential development went in with commercial already existing.

Commissioner Scarborough advised of the advantages of Mr. Spiegel not having any responsibilities for the vacated area. Mr. Spiegel advised if it is designated as a buffer area and he is required to maintain it, it protects everyone. Discussion ensued on the buffer and right-of-way. Commissioner O?Brien suggested Mr. Spiegel and staff work out a perpetual plan for maintaining the buffer zone; with Mr. Spiegel advising he is willing to do that. Chairman Cook advised he would want 25 feet in addition to the 15 feet; with Mr. Spiegel responding 40 feet is reasonable.

Chairman Cook expressed concern about the issues of noise and transition from commercial to residential; and reiterated his desire for the Board to readdress the Ordinance. He advised of the unique nature of the item; stated it would be illegal to revoke the zoning since it has been in place for a long time; and the applicant is willing to work with the County and the residents to provide buffering. Commissioner Ellis advised vacating the road or dedicating it to a landscaping easement insures it will not be used as a road. Discussion ensued on the procedure to approve the mixed use district expansion, vacating and buffering.

Allen Smith expressed concern about a sale of the property; with Chairman Cook advising the buyer would be bound by the Board?s action.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve expansion of mixed use district for property in Township 27, Range 36, Section 13, Lots 1, 2, 3, and 4 as requested by Teresa Spiegel, subject to maintenance by the property owner of a 40-foot wide buffer and landscaping, with the 40 feet including the 25-foot right-of-way. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to direct staff to begin the process to vacate the right-of-way. Motion carried and ordered unanimously.

The meeting recessed at 10:25 a.m. and reconvened at 10:39 a.m.

William Carlson, 444 Archer Road, Palm Bay, advised of costs involved with installation of an aerobic septic system at his home; and expressed concern that the $150 inspection fee is excessive.

Commissioner Ellis agreed the inspection fee is high; and suggested renegotiating the contract with HRS. Assistant Code Compliance Director Ralph Brescia advised the regulations are mandated by Florida Statute and Florida Administrative Code; and the County Attorney indicated it is necessary to follow those requirements. County Attorney Scott Knox advised the rules specify the dollar amount; it may be possible to negotiate a contract with a lesser amount; but until such time, the County will have to follow the current Contract.

Commissioner Scarborough advised of the benefits of aerobic systems; and indicated his support to renegotiate.

Commissioner Ellis inquired whether the County is mandated to inspect every year; with Sanitarian Supervisor Greg Wright responding the Florida Administrative Code requires annual inspection. Commissioner Ellis read aloud from the Florida Administrative Code; and stated it does not require an annual inspection of each unit. Mr. Wright advised of a policy memorandum from the State requiring annual inspection of each system and lab samples from at least 10%. Chairman Cook requested Mr. Wright provide a copy of the memorandum to the Commissioners and the County Attorney provide an interpretation; and expressed interest in having the County Attorney renegotiate the Contract. Commissioner O?Brien inquired if there are concerns about the aerobic systems; with Mr. Wright responding every aerobic system in the County is the result of a variance because the property could not otherwise be developed. Commissioner Scarborough explained the difference between an aerobic system and a regular septic system. Chairman Cook expressed concern that excessive fees discourage use of aerobic systems. Commissioner Higgs inquired about the health hazard if an aerobic system is not working properly; with Mr. Wright advising if the system is not working properly, the drain field will fail. Commissioner Ellis noted regular septic tanks are not inspected.

Motion by Commissioner Ellis, seconded by Commissioner O?Brien, to direct the County Attorney to research the issue of onsite sewage inspection fees, including whether lesser fees can be charged and whether the HRS Contract can be renegotiated. Motion carried and ordered unanimously.

Joseph Stadnik, 3422 Angelica Street, Canaveral Groves, representing the Canaveral Groves Homeowners Association, recommended approval of the Sheriff?s salary plan; and advised of the need for drug education.

Ida Blickley, 4475 Swift Avenue, Titusville, inquired what happened to the step plan; and advised she does not want money to be given to the Sheriff until answers are received. She inquired if those who received a merit raise will receive another raise if the step plan goes into effect. She inquired how many lawsuits are pending against the Sheriff, how many lawsuits for overtime have been settled, from what fund is the money coming, and what is the total amount of the settlements. She inquired about settlement with Dexter Rogers, and from what fund were the plaintiff?s attorneys paid. She inquired how much time has been spent in depositions for lawsuits against the Sheriff?s Department; and inquired if there are still 17 openings. She noted a raise in the dispatching bills for all unincorporated areas; and inquired where is that money. She inquired where is the $444,000 that the Port pays the Sheriff for 24-hour service. She read newspaper accounts indicating money was provided to hire new deputies; and inquired why are there still 17 openings.

Sheriff Miller advised Brevard County is the 6th major County to be audited for wage/hour in the last couple of years; outlined the issues involved; and stated this will be worked out to everyone?s satisfaction within the next six months. He noted he hopes to be able to absorb any monies involved in his budget, but if it exceeds that, he will come back and justify it to the Board; and so far the cost is being borne by the insurance. He advised of the out of court settlement of the suit with Dexter Rogers, which was done by the insurance company over his objection. He noted there are 17 vacancies out of total staff of 742 people; and he is doing everything he can to fill the vacancies.

Commissioner Scarborough inquired about the relationship between the 17 vacancies and the 12 positions the Board was asked to fund; with Personnel Director Tony Cannion responding the Sheriff is in the process of filling the vacancies. Chief Ron Clark advised the vacancies are the ones the Board authorized last year plus five through the grant.

Commissioner O?Brien advised of the Board?s new policy that requires proof that the vacancies were filled or the funding is lost.

Chairman Cook inquired about the attrition rate. Sheriff Miller stated if the County does not become more competitive with surrounding communities, the attrition rate will get worse, and the County will become a training ground for Central Florida.

Commissioner Ellis inquired if the money budgeted for pay raises for last year has already been granted or is it part of the step plan; with Sheriff Miller responding the money the Board allocated this year would be rolled into the step plan; and no one has been given an increase.

Commissioner Scarborough advised of the net effect of giving the Sheriff?s Office the same merit increases as all other County employees. Chairman Cook stated the step plan will program raises into the Sheriff?s Office instead of being done on a yearly basis; merit increase would be $1.5 million; and the step plan would be slightly less than that. Sheriff Miller advised the step plan is for correctional and deputy sheriffs, all sworn personnel. Commissioner O?Brien compared the proposed step plan to that which is used for teachers.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to approve implementation of the proposed Salary Plan; and authorize funding from General Revenue Fund Reserves and Law Enforcement MSTU Reserves.

Chairman Cook advised the step plan is in place of merit increases. Commissioner Ellis inquired what is the impact to the General Fund Reserves for this fiscal year; with Budget Director Kathy Wall responding $623,236 will be transferred from General Fund Reserves to the Sheriff?s Office, leaving the General Fund Reserve at approximately $5.5 million.

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

Pamela Jones, 4655 Whipple Hollow Road, Melbourne, representing MacAsphalt, requested the Board review MacAsphalt?s ten-year performance for Brevard County; and distributed written material. Ms. Jones outlined problems with the Wickham Road project which made the construction sequence of the project impossible to follow, including record rain and a hurricane; and submitted photographs. She advised of damages suffered by the contractor; and stated the project was completed in as timely a fashion as circumstances would allow. She advised if the Board assesses liquidated damages for this project, it should give careful consideration to its decision.

Public Works Director Henry Minneboo provided an overview of the Wickham Road project; and advised there were 99 days of liquidated damages, but that comes to 14 days after factoring in the impact of the weather. He outlined the four options.

Chairman Cook stated staff was generous in assessing rain days, etc. in addition to the extensions the Board has already given; there could be a case for 99 days of damages; but after review, 14 days are justifiable.

Commissioner Higgs advised of the three issues facing the Board, the geotechnical, the retainage reduction and liquidated damages; and stated the Board could direct staff and the County Attorney?s Office to work with MacAsphalt on those three issues and other issues, with fourteen days as the figure the Board is concerned about in terms of documented lost days, and come back to the Board with resolution to the issues.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to direct staff and the County Attorney?s Office to work with MacAsphalt to resolve the geotechnical, retainage reduction and liquidated damage issues and come back to the Board with recommendations.

Chairman Cook expressed concern that 14 days is too generous. Commissioner O?Brien noted although the contractor is 14 days beyond the final date allowed and there is a $1,000 a day fine, they have saved the taxpayers a couple of hundred thousand dollars; and although a number of businesses had negative impact from the long term construction, there is some good to it. Chairman Cook noted there may be some question about the numbers and how they have been applied. Commissioner Scarborough advised of MacAsphalt?s work on the Fay Boulevard project; and stated even though some people get upset, they reap tremendous benefits from the project. Chairman Cook stated when people did not see anyone working on the Wickham Road corridor, it was hard to justify. Commissioner O?Brien advised of his experience with S.R. 520.

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

Commissioner Higgs inquired if the Board needs to deal with the Change Orders; with Mr. Minneboo advising there are other issues on which staff needs direction. Chairman Cook advised this will not affect the previous motion; with Mr. Minneboo assuring it will not.

Motion by Commissioner Higgs, to approve Change Order No. 14 to Agreement with MacAsphalt decreasing construction costs by $105,446.30 for the Wickham Road Widening Project.

Projects Management Director Tom Lundeen explained Change Order No. 14; and stated the action is for approval of Change Order No. 14 and final payment for the project. Chairman Cook again inquired if this will have no impact on the previous motion; with Mr. Lundeen responding no.

Commissioner Scarborough seconded the motion.

Chairman Cook inquired what specifically are the items; with Mr. Lundeen outlining the items. Commissioner Higgs advised the bottom line is a savings of $105,446.30.

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

Mr. Minneboo requested release of retainage of $500,000 be approved. Commissioner Higgs noted that is one of the issues to be worked out. Mr. Lundeen inquired if the motion included the Hardrives Change Order No. 3, final payment, and authorization for the Chairman to execute the Change Order. Commissioner Higgs responded that was not included.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Change Order No. 3 to Agreement with Hardrives, Inc. decreasing construction costs for the Wickham Road Widening Project by $4,479.10. Motion carried and ordered unanimously.

Chairman Cook noted there are questions regarding Hardrives liquidated damages; with Mr. Jenkins advising staff will address those with the others.

Mr. Lundeen advised the final issue is payment for Road and Bridge construction services which is a total of $5,443.03.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to approve payment of $5,443.03 to Road and Bridge for construction services. Motion carried and ordered unanimously. DIRECTION, RE: FEE OPTIONS FOR SPECIAL EVENTS, AND WAIVER REQUEST OF

Motion by Commissioner Higgs, to approve Option 2. Motion died for lack of a second.

Assistant Code Compliance Director Ralph Brescia outlined the four options to address the fee for special events and waiver request of special event fees for Holiday Inn Oceanfront and Melbourne Beach Hilton.

Commissioner O?Brien inquired if Option 1 exempts the facilities from getting a permit; with Mr. Brescia responding affirmatively. Commissioner O?Brien expressed concern about the issue of public safety. Discussion ensued on public safety, the charge for inspections, differences between groups, capacity of facilities, and mechanisms for monitoring. Building Official John Smith explained what is involved in a safety inspection.

Commissioner Ellis stated the event occurs 75 to 100 times a year; each time the equipment is put out the same way; and the County is charging $100 each time to verify everything is laid out the same way. Commissioner O?Brien advised of the different kinds of events and the difference in inspections. Discussion ensued on whether the inspections are just for outdoor events.

Commissioner Higgs advised Holiday Inn would pay a total of $646 for 102 events, not $100 a day. Commissioner Ellis noted the current rule is $100 a day. Commissioner Higgs suggested the Board approve Option 2. Commissioner Ellis explained why the item deals only with outdoor events; and advised there are annual inspections of facilities, and the Fire Marshal can go through different businesses to check on capacity. Mr. Brescia advised the Special Event Ordinance is being revised.

Commissioner O?Brien advised of the dangers involved with improperly grounded electrical equipment. Commissioner Ellis advised the facilities will take safeguards to avoid lawsuits; and a permit fee is almost like extortion. Commissioner O?Brien advised of the need for reinspection of electrical systems as repairs occur and inspection of wooden decking. Commissioner Ellis noted there are 100 inspections a year; with Commissioner O?Brien agreeing the number of inspections could be reduced. Chairman Cook inquired about residential zoning abutting tourist zoning. Commissioner Ellis inquired if people having a picnic at Wickham Park and using a speaker will be inspected and charged $100; and advised of the intrusive nature of inspections. Commissioner Scarborough read aloud the definition from the Ordinance; stated if the musical event is inside the County does not care, but if it is outside, the County is more stringent; and inquired why this is singled out. Commissioner O?Brien explained how overcrowding could happen; and stated he is not worried so much about the Hilton or Holiday Inn Event, but some other facility in the County. Commissioner Scarborough suggested exempting only in the tourist zoning or holding an initial inspection.

Chairman Cook inquired if tourist zoning abutting residential is being addressed in the revision of the Ordinance; with Mr. Brescia responding it is being considered.

Commissioner Ellis inquired about the need for repeated inspections once a facility has been found to be appropriate for musical events. Discussion ensued on Option 3, the time frame, the number of events, and the cost to the County to perform inspections. Commissioner Ellis inquired about OSHA inspections of Commissioner O?Brien?s business; with Commissioner O?Brien advising of periodic OSHA inspections, inspections by his insurance company, and fire inspections of his business. Commissioner O?Brien advised of the possible danger to the public at musical events. Commissioner Ellis expressed concern about intrusion of government into the public?s lives in the name of public safety; and inquired if there are examples of problems at the outdoor events. Commissioner O?Brien advised of the County?s responsibility for public safety. Commissioner Ellis suggested every business should be inspected because they are all open to the public. Commissioner Scarborough advised the Ordinance is directed to outdoor facilities at places not under the control or ownership of the person conducting the musical event.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to table consideration of fee options for special events and waiver of special event fees for Holiday Inn Oceanfront and Melbourne Beach Hilton to March 5, 1996; and direct staff to provide the Commissioners with copies of the pertinent sections of the Brevard County Code. Motion carried and ordered unanimously.

Commissioner O?Brien advised this has been before the Board previously; and all the issues have been worked out.

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to authorize the Chairman to sign a letter notifying Beverly Enterprises - Florida, Inc. of the Board?s action to exercise the option to allow transfer of the property known as the Merritt Island Health Authority Nursing Home. Motion carried and ordered unanimously.

Cheryl Lawson-Young, 1950 Fairlane Drive, Titusville, President of the North Brevard NAACP, spoke in support of the reappointment of Willie Turner to the North Brevard County Hospital District Board; and read aloud a statement from Mr. Turner.

Ida Blickley, 4475 Swift Avenue, Titusville, read aloud from the minutes of the North Brevard County Hospital District Board of December 4, 1995 outlining the vote on public input taken at that meeting with Mr. Turner voting in opposition.

Commissioner Higgs suggested a method to submit names. Discussion ensued on the procedure and the number of applicants to consider. County Attorney Scott Knox cautioned if the Board is going to write down names, it will need to identify who wrote what names. Consensus was reached to consider four names.

Commissioner Scarborough advised Mr. Turner is unable to be present today due to family illness. He noted there were two votes on the issue, and votes were changed. Commissioner Ellis advised he also spoke with Mr. Turner.

Chairman Cook stated the Board will submit names to the County Manager who will tally them.

The meeting recessed at 12:01 p.m. and reconvened at 1:07 p.m.

Commissioner Scarborough advised of the diversity in appointments to the North Brevard County Hospital District Board.

County Manager Tom Jenkins advised District 1 submitted Willie Turner, J. J. Parrish III, Bea Polk, and Dr. Pat Manning; District 2 submitted J. J. Parrish, III, Penny Farrar, Dr. Pat Manning, and Joseph Glavan; District 3 submitted J. J. Parrish III, Dr. Pat Manning, Willie Turner, and Joseph Glavan; District 4 submitted J. J. Parrish III, Dr. Pat Manning, Willie Turner, and Bea Polk; and District 5 submitted Dr. Pat Manning, Leonard Daye, J. J. Parrish III, and Willie Turner.

Chairman Cook noted there is a unanimous decision on two of the appointees.

Motion by Commissioner O?Brien, seconded by Commissioner Ellis, to appoint J. J. Parrish III and Dr. Pat Manning to the North Brevard County District Hospital Board.

Commissioner Scarborough expressed concern about removing a member of the black community from the Board; and requested the Board extend its appreciation to Mr. Turner. He advised of Mr. Turner?s background.

Commissioner Higgs stated she can support the motion, but is willing to consider the appointments individually. She noted her intent was to narrow the field to four names for the Board to discuss them.

Commissioner Scarborough stated there is consensus to reappoint Mr. Parrish; and recommended the Board allow Mr. Turner to make a presentation to the Board as it is unusual to remove someone from an existing Advisory Board. Commissioner Ellis suggested Mr. Turner and Dr. Manning both make presentations.

Commissioner O?Brien withdrew the motion.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to reappoint J. J. Parrish III to the North Brevard County Hospital District Board. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, to defer the second appointment to the North Brevard County Hospital District Board to the next meeting, and invite Dr. Pat Manning and Willie Turner to address the Board at that time.

Chairman Cook expressed concern about requesting Dr. Manning and Mr. Turner to address the Board. Commissioner Scarborough stated there are people who would appreciate the Board doing this in this manner. Chairman Cook stated he is willing to vote today. Commissioner Ellis advised he can go either way.

Commissioner O?Brien seconded the motion.

Commissioner Scarborough advised he spoke to Mr. Turner about public participation at meetings; and Mr. Turner should be reappointed. Commissioner Higgs indicated she will not support the motion. Commissioner Scarborough stated there could be some questions about the implications of full public participation.

J. J. Parrish III, 1013 Indian River Avenue, Titusville, advised of additional questions which should have been asked regarding the future of health care, and which should be asked of Mr. Turner and Dr. Manning. He advised of the history of the North Brevard County District Hospital Board; and requested the Board follow the advice of the District 1 Commissioner.

Bea Polk, 101 River Park Boulevard, Titusville, advised the process is a mockery; Mr. Parrish and Dr. Manning each got five votes; and the Board should make the appointment of Dr. Manning. She expressed concern about one Commissioner making the appointment; and advised of problems with the North Brevard County Hospital District Board. She described her experience having her deposition taken. She requested the Board give the people some help; inquired why the North Brevard District Hospital Board cannot be changed; and stated Dr. Manning and Mr. Parrish who got the highest votes should be appointed.

Commissioner Scarborough advised he was ready to vote for Dr. Manning; but Commissioner Higgs requested discussion. He stated he would prefer to allow Mr. Turner the opportunity to explain.

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

Susan Stevens, 1331 Lake Drive, Cocoa, advised of her Code Enforcement violation and her interaction with Code Enforcement personnel. She advised Code Enforcement is being used as a tool of harassment; and outlined the hardships endured by her family. She advised she filed a 20-day Notice of Intent to sue the Brevard County Commissioners and Code Enforcement.

Assistant Code Compliance Director Ralph Brescia advised this is a well documented case; and described the Code violation.

Commissioner Ellis stated he does not understand what the problem is since it is a BU-2 zoning. Mr. Brescia advised he will provide a list of the violations.

Chairman Cook suggested holding the enforcement action in abeyance until the Board can get the details.

Commissioner O?Brien advised the Board adopted a Policy approximately a year ago; the Board should not be hearing this unless both sides are prepared to present all the information; and this is beyond the Board?s purview. He noted the Code Enforcement Board is a quasi-legal board. Commissioner Ellis noted the Code Board has two attorneys and the citizen has none. Chairman Cook stated he does not have the facts, and needs additional information. Commissioner O?Brien reiterated the Board can do that as long as both sides are present. Commissioner Ellis expressed concern that if someone makes a complaint, he has the County Attorney and a private attorney behind him, but the person against whom the complaint is made has to get his own attorney.

Commissioner Higgs advised this is scheduled to go before the Code Board this afternoon; and the Board would be putting itself in a difficult position to step in before the Code Board acts, although she would have no objection to getting additional information.

Chairman Cook stated he does not want to defer action if action should be taken; but the action can be held in abeyance to allow the Code Board to act.

Ms. Stevens stated Code Enforcement ruled that she was in violation, but prevented her from speaking because although she has a Contract for Deed, she is not the owner of record; and she was only allowed to respond to questions and could not present her case. Commissioner Ellis stated someone with a Contract for Deed should be allowed to speak. Ms. Stevens requested Code Enforcement look at the neighborhood before condemning her. Mr. Brescia advised Ms. Stevens will have every opportunity to speak this evening before the Code Board. Ms. Stevens stated she will only be able to speak on the fine; she has been assessed a fine of one penny short of $1 million; $150 a day since January 17 does not equal that amount; and there are errors in the paperwork. She advised her civil rights have been violated.

Commissioner Ellis recommended holding all actions in abeyance for a month until the Board gets the information. Discussion ensued on whether to defer, how the Code Enforcement Board works, problems with individuals addressing the Commission about Code violations, and the size of the fine.

Commissioner Higgs expressed concern that everyone be treated fairly in the process; and stated the Board has opportunity to review the Code process once the Code Enforcement Board has ruled; but it would be improper for the Commission to step between the Code Enforcement Board and its response this afternoon. Commissioner Ellis noted the Board does not get reports from the Code Enforcement Board. Chairman Cook stated the Commission is talking about deferring it for 30 days from the Code Enforcement Board, not removing it. Commissioner Ellis stated the information will come back to the Board in 30 days so the Board may take action before it goes to the Code Enforcement Board.

Commissioner O?Brien explained problems with the Board reviewing any action taken by the Code Enforcement Board; and stated the Board can look at problems with the Code, but should never get involved with Code Enforcement Board decisions.

Motion by Commissioner Ellis, to direct that the Board will be provided with all information pertaining to the case against Susan Stevens, and the action against Ms. Stevens will be deferred for one month. Motion died for lack of a second.

Commissioner Scarborough stated he does not want to take action on the case. Commissioner Ellis advised the Board?s action may be to change the Code. Chairman Cook stated the Board is not interfering with the decision of the Code Enforcement Board at this point, but is delaying its decision for 30 days for the Board to get information.

Commissioner Scarborough suggested sending the matter to the Code Enforcement Board, and requesting the Code Enforcement Board advise if the Ordinance should be changed. Commissioner Ellis inquired what will the Board do if a fine is imposed tonight.

Craig Suman, 2101 South Melbourne Court, Melbourne, former Chairman of the Code Enforcement Board, explained how the Code Enforcement Board works; and stated the Code Enforcement Board needs to hear the case, but may be requested to withhold adjudication. He noted without knowing the facts, there is no way of knowing what the circumstances are.

Chairman Cook reiterated the Board is not interfering with the decision of the Code Enforcement Board, but is delaying for 30 days to get additional information. Commissioner Higgs recommended the legally adopted process continue without the Board?s interference; and warned of the dangers involved in abandoning the process. Chairman Cook expressed concern about getting involved after the Code Enforcement Board has taken a position. Commissioner Scarborough suggested the Code Enforcement Board hear the question regarding the Ordinance before hearing Ms. Stevens? case. Commissioner Higgs noted that is not the job of the Code Enforcement Board. Commissioner Scarborough stated the Board has encouraged the Code Enforcement Board to play a more active role in suggesting problems with the laws.

County Manager Tom Jenkins advised the amount of the fine is $2,000. He advised since this item has not gone to the Code Enforcement Board, the Board would be reviewing the actions of staff.

Chairman Cook noted there have been serious accusations against staff; the Code Enforcement Board has not heard the case, so the Board is not interjecting itself into the Code Enforcement Board?s decision making process; and this will go to the Code Enforcement Board for a decision. Commissioner Ellis advised 30 days is reasonable; and the Code Enforcement Board could levy something far greater than $2,000.

Commissioner O?Brien cautioned if the Board is going to review the actions of County staff, the Board will have to keep its review to only those actions and the Ordinance; but if the Board intends to hear the case in 30 days, then it should have all the lawyers, etc. present. He cautioned this is a dangerous trap because everyone will come to the Commission rather than the proper board.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to delay action against Susan Stevens for 30 days; direct the County Manager to investigate the actions of County personnel and report back to the Board; and request the Code Enforcement Board provide feedback on the Ordinance. Motion carried and ordered. Commissioners Scarborough, O?Brien, Cook, and Ellis voted aye; Commissioner Higgs voted nay.

Facilities Construction Director Joseph Vislay introduced representatives of Brown & Root Building Company and Hellmuth Obata & Kassabaum, Inc.

Bill Stinson, Operations Manager for Brown & Root Building Company, advised of the elements of the January Progress Report on the construction of the Harry T. and Harriette V. Moore Justice Center. He stated the phase 2 site work is underway; brick work is being completed on all elevations of the buildings; and the majority of the work inside the building has to do with mechanical and electrical rough-ins and installation of the drywall partitions. He stated the schedule projection is substantial completion by May 9, 1996 with final completion on June 11, 1996. He advised the schedule is 14 days behind as a result of weather. He advised the procurement process has produced over $9 million in local participation; there is 17.5% minority participation; and advised of the advantages of the direct purchase program. He outlined the design activities; advised all major contracts have been issued; over 20 major bid packages have been executed; and there have been 74 Purchase Orders. He noted the original contract amount was $15,946,794; Change Orders have been approved which have reduced the project by $5.3 million; and there are pending Change Orders representing a reduction of another $74,000.

Commissioner Ellis inquired if everything has been worked out with the Clerk?s Office for the electronics. Mr. Vislay advised of meetings with all users; and stated the facility will have enough flexibility to accommodate a paperless courtroom in the future. He advised the Clerk will just bring his equipment and plug them in; and any wiring will be minimal.

Commissioner O?Brien inquired about problems; and warned of the consequences of severe problems such as there were at the Government Center. Mr. Vislay assured there is a good team watching every step of the project. Chairman Cook indicated agreement with Commissioner O?Brien.

Claire Myers, 1273 South Florida Avenue, Suite 1, Rockledge, Attorney representing Roland Chester Smith and Dorothy Smith, advised her clients are against the rezoning from RU-2-10 to RU-2-6; explained their reasons for opposing the change, including reduction of property values; and urged the Board to not rezone the property.

County Attorney Scott Knox stated the net effect of downzoning a piece of property from a ten-unit per acre parcel to a six-unit per acre parcel might have the effect of reducing the property values; if that does take place, there are opportunities for the property owner to come before the Board with an appraisal showing that happened, and to make a claim under the Property Rights Act, for compensation; and advised of the Board?s options.

Commissioner Ellis advised an individual owning a single lot could build a duplex under RU-2-10 but not under RU-2-6. Assistant Growth Management Director Peggy Busacca advised the majority of the lots in Pine Breeze Acres are .3 acre; and some properties in Hendry Gardens are as large as .9 acre.

Ms. Myers stated Mr. Smith could get four apartments on his property, but has concern that he will be unable to have that many if it is rezoned.

Commissioner Ellis noted this is an unusual rezoning in that the properties are not broken up into smaller parcels, and there probably will not be that much overall effect on the neighborhood. Ms. Busacca explained this came forward because when the zoning classification was redefined in 1973, the people were not notified, and the neighbors felt the apartment was inconsistent. She advised a meeting was held, and the recommendation is to change to RU-2-6 because with .3 acre, there would be ability to have a duplex.

Commissioner O?Brien advised the neighborhood is mostly single family and RU-2-10 does not reflect consistency with the neighborhood; and expressed support for the recommendation.

Chairman Cook inquired about commercial in the area; with Ms. Busacca advising there is surrounding commercial, but Pine Breeze Acres and Hendry Gardens are intact. Discussion ensued about the area.

Commissioner O?Brien inquired why is this not on the Zoning Agenda; with Ms. Busacca responding staff is looking for direction whether to proceed with the administrative rezoning. Chairman Cook advised this item and the expansion of the mixed use district which the Board considered earlier

should have been done at a zoning meeting or night meeting. Commissioner O?Brien stated he would like the item to go to the Planning and Zoning Board for a recommendation.

Motion by Commissioner O?Brien , seconded by Commissioner Higgs, to direct staff to forward the administrative rezonings of Pine Breeze Acres and Hendry Gardens Subdivisions to the Planning and Zoning Board for consideration.

Commissioner Scarborough stated it says property values may be reduced, but it is speculative; and expressed concern that everything will be coming to a regular Commission meeting.

Commissioner Higgs recommended the Board get relevant appraisal information from an expert when it has the zoning hearing.

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

Terry L. Milam, 6280 S.W. 7th Street, Margate, submitted photographs; and explained the request is to extend an existing unpaved road. He advised he has deeded a 25-foot access to the County for right-of-way.

Tony Caruso, 2010 Vally Road, Valkaria, expressed support for Mr. Milam?s request.

Commissioner Ellis stated he does not see the problem with building the house as there is already a road which functions with the smaller easement.

Commissioner Higgs advised the required right-of-way is 50 feet; but when the first segment of the road was built, it was 25 feet. She inquired if the property owner has other options; with Assistant Code Compliance Director Ralph Brescia responding staff will return with options. Commissioner Ellis expressed concern about locking out every lot at the end of the road. Mr. Brescia advised staff does not have the right to waive the Ordinance; explained the reason for the Ordinance; and expressed concern about setting a precedent. Commissioner Ellis and Mr. Brescia exchanged comments about developing on the unpaved road. Mr. Brescia recommended tabling the item until staff can develop appropriate options. Commissioner Higgs explained the map; and stated the Board needs to be careful about waiving the full 50 feet. Commissioner Ellis expressed concern about holding people up who are willing to give the 50 feet. Mr. Brescia advised all property owners are not willing to give up 25 feet; and consensus would be needed to approve this. He requested staff be given time to develop the options.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to table consideration of waiver and reduction of right-of-way width on Laurens Avenue, an unpaved road, until March 5, 1996, and direct staff to return with options. Motion carried and ordered unanimously.

The meeting recessed at 2:28 p.m. and reconvened at 2:44 p.m.

Emergency Management Chief Mark McMichael advised the Department of Community Affairs has provided a funding mechanism for review and approval of disaster plans by health related facilities; and explained the benefit to the County.

Commissioner Ellis inquired how often is the review; with Mr. McMichael responding it is an annual review and the fee is $25 an hour, which is $.42 an hour short. Commissioner Ellis expressed concern about the fee for reviewing the same plan in successive years. Mr. McMichael advised an initial plan has a $500 maximum and a second year with no substantial change is $250 maximum. Commissioner Ellis expressed opposition to having any fee in succeeding years. Mr. McMichael explained the review process.

Chairman Cook inquired if the County reviews these plans currently; with Mr. McMichael responding affirmatively. Chairman Cook expressed concern that the cost will be passed on to the consumer; staff has been doing this review; and he does not see the point of tacking on the charge as a

revenue generator. Mr. McMichael advised this is a mandated program, and the State has provided a funding mechanism. Chairman Cook stated he could support a nominal fee.

Commissioner Scarborough stated the County is required to do this; the rate is less than the actual cost; if the Board does not approve this revenue, it will have to come from General Revenue; it is a user fee; and the person who benefits will be the one in the nursing home. He noted some Commissioners have expressed concern about subsidizing programs from General Revenue. Discussion ensued on funding, whether it would be necessary to hire additional personal, grant funded positions, burden on County employees, the number of facilities to be reviewed, and the County?s responsibility to review disaster plans. Commissioner Ellis advised he understands the need for the technical assistance fee.

Motion by Commissioner Ellis, seconded by Commissioner O?Brien, to adopt Resolution providing for a technical assistance fee of $25 per hour, up to a maximum of 10 hours, for time devoted to assisting a facility to write or rewrite a plan. Motion carried and ordered unanimously.

Assistant County Manager Joan Madden distributed completed documents; and advised of the County?s Loan Agreement with Can-Am Holdings at $500,000, with 100% funding under the HOME Program. She outlined Can-Am Holdings? responsibilities under the Agreement; stated Saturn Builders entered into an Agreement to perform the renovation on two buildings at $487,700; and a Change Order on September 26, 1995, which was approved by the Board, brought the contract total to $490,200. She stated there was an arson fire that caused $53,000 damage to eight units under renovation; builders risk insurance was not a requirement of the Agreement, and was not carried; the owners insurer has covered $26,449 of the loss; and the contractor has not charged 10% overhead and profit. She advised if the Board approves the full contract amount, it would be an additional $2,280.69; and that would leave $24,000+ to complete the project. She outlined the necessary actions and the available options.

Chairman Cook inquired why builders risk was not required by the County; with Ms. Madden responding it was not included in the original document drafted in 1994 which was reviewed by the County Attorney and Risk Management. Chairman Cook stated that situation should be corrected in the future. Commissioner Ellis stated it is the contractor?s choice. Commissioner Scarborough expressed amazement that builders risk was not required.

Commissioner O?Brien inquired if the arsonist was caught; with Ms. Madden advising of the status of the case. Commissioner O?Brien inquired if a person is arrested and convicted, is there any force the County can use to get restitution from the guilty party. County Attorney Scott Knox advised if the person is convicted, he will probably be required to make restitution to the person who suffered the loss. Commissioner O?Brien commented on the state of the American justice system.

Chairman Cook advised of the controversial nature of the item; and stated he does not want to go above the budgeted amount of $500,000.

Commissioner Ellis advised he supports option 1. Commissioner O?Brien stated the Board is punishing the builder and owner for acts which they did not commit; and this is a loan. Ms. Madden advised $32,000 of the $500,000 will be paid back. Commissioner O?Brien noted the rest is federal funds.

Motion by Commissioner Ellis, seconded by Commissioner Higgs, to approve Change Order No. 2 as presented and Change Order No. 3 in the amount of $2,280.69, requiring the owner and contractor to come to terms, independent of the County, to complete the project.

Commissioner O?Brien inquired about the project; with Ms. Madden advising it is a privately-owned complex purchased in 1993; and the new owner applied for the money to bring the complex up to Code and make it livable. Commissioner O?Brien stated the owner purchased the complex knowing of its poor condition, but knowing he could apply for federal funds to improve it. He expressed concern about the process.

Grady Strickland, 960 Lundy Drive, Titusville, President of Saturn Builders, explained during the pre-bid walk-through, the question of builders risk insurance was addressed; that is why the contractor did not have builders risk; and the requirements were to have a general liability policy, an auto policy, and a workers? compensation policy.

Commissioner Ellis stated Mr. Strickland could have bought builders risk. Mr. Strickland stated he was told insurance was in place; and inquired if it is incumbent on him to request the insurance policy be submitted to him before starting work. He noted the difference between a building insurance policy and a builders risk policy; and outlined shortfalls in materials on the project. Commissioner Ellis inquired who would have carried the insurance; with Mr. Strickland explaining under what conditions insurance is required. Commissioner Ellis inquired if it was incumbent on Can-Am to have builders risk insurance; with Mr. Strickland responding the owner believed he had the necessary insurance, but there were gaps in coverage.

Commissioner O?Brien inquired about a policy covering arson; with Mr. Strickland advising the insurance covered arson, but only on what was already attached to the building when the fire occurred, not on things waiting for installation.

Commissioner Scarborough inquired if Mr. Strickland believed builders risk had been obtained by someone else, or that it was just not required on the contract, and was a business decision whether to obtain it or assume the risk personally. Mr. Strickland advised it was his understanding there was insurance to cover the project; explained the provisions of the Agreement; and described the ramifications of the fire. Commissioner Scarborough inquired about what was communicated to Mr. Strickland; with Ms. Madden responding Mr. Strickland asked about builders risk, and was told it was not required and was covered under the owners? insurance policy. Discussion ensued on whether Mr. Strickland was advised there was builders risk insurance.

Mr. Strickland advised of the consequences of the available options, including delay of the project and arbitration. He requested the Board release the 10% retainage on the building that has already been occupied to allow him to pay for materials while he seeks remedy through arbitration, if the decision is to stay with the $500,000. He stated if the Board chooses another option, he would be comfortable leaving the retainage until the project is completed.

County Attorney Scott Knox stated it is the builder?s responsibility to make sure he is covered for his risk; and the Board does not have to do this. Commissioner Scarborough inquired about liability for leading a person to not take an action, which puts him at risk, and would that put the County in a position of assuming that insurance; with Mr. Knox responding no.

Commissioner Higgs inquired if under the motion for option 2, the Board is moving toward some responsibility for materials damaged in the fire; and stated she cannot support a full assumption of that responsibility. Mr. Knox advised the argument could be brought out; and if the Board is going to authorize payment of $2,280.69, it should be done as a compromise for a claim against the County. He noted his preference is to not even raise the question by giving the $2,000.

Commissioner Ellis withdrew the motion; and Commissioner Higgs withdrew the second.

Motion by Commissioner Ellis, seconded by Commissioner Higgs, to approve only Change Order No. 2, requiring the owner and contractor to come to terms, independent of the County, to complete the project; and authorize the Chairman to execute the appropriate documents. Motion carried and ordered unanimously.

Discussion ensued on release of retainage of approximately $25,000 on one building.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to approve release of retainage on the first building at North Titusville Gardens which has been completed. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct that builders risk insurance be required on future contracts. Motion carried and ordered. Commissioners Scarborough, O?Brien, Higgs, and Cook voted aye; Commissioner Ellis voted nay.

Solid Waste Management Director Richard Rabon advised the South County Service Area Request for Proposals is due on March 4, 1996; two weeks ago at the pre-proposal conference, there were questions regarding the requirement for vendors to execute the base price proposal and contract as a prerequisite for submitting alternative proposals; and there was a request for the Board to reconsider that requirement. He noted this was a parameter approved by the Board prior to issuance of the RFP.

Chairman Cook expressed concern if vendors do not submit a base price proposal, the County will lose the basis for comparison of like items. Mr. Rabon advised that was the reason for the base price proposal; it imparts risk on the vendor and requires them to price those risks; and it provides a basis for comparison.

Commissioner Ellis inquired about the lengthening of the minimum agreement; and stated there were limits on the cost-of-living adjustment total, providing that once the cap was reached, there could be renegotiation. Mr. Rabon stated there is a $10 per ton cap; and the 20-year term would not change any of the rest of the provisions. He explained why the 20-year term was requested. Commissioner Ellis noted if prices escalated to the County?s cap, it could get out sooner than 20 years; with Mr. Rabon agreeing.

Commissioner O?Brien stated vendors can also submit a counterproposal including the 20 years. Mr. Rabon advised the vendor would have to execute the base contract including the ten-year plus the three five-year options; but then they could submit an alternative.

Ronald Kaplin, Counsel for Waste Management, Inc., advised the requirement is to bid on the base proposal without modifications; and the County will get a bloated number because all the risk in the base proposal is on the vendor. He explained the difficulties in bidding on the base proposal; and requested the Board reconsider the requirement to bid on an unmodified contract.

Commissioner O?Brien inquired about the negotiation process, and does Mr. Kaplin prefer a firm, fixed contract. Mr. Kaplin stated there are problems with bidding on the contract as it is; and outlined the items in the bid, including initial five-year fixed cost and vendor?s sole responsibility for permitting. Commissioner O?Brien inquired if it is not the County?s intent to facilitate the permits; with Mr. Kaplin responding it is a cause for concern. Commissioner O?Brien and Mr. Kaplin exchanged comments about disparity between a landfill outside the County and one inside the County.

Commissioner Ellis stated the risk of the permitting is on the vendor; otherwise, the County could do it on its own site. Chairman Cook noted it is still an option. Mr. Kaplin advised language is needed to say the County will provide reasonable aid; and if there was an opportunity to provide an alternative proposal other than the base proposal, some of the risk could be spread in a more reasonable manner. Commissioner Ellis stated he does not want the County to be in an adverse position; but instead of providing major help, the County can go to Okeechobee. Mr. Kaplin indicated there could be middle ground.

Commissioner Scarborough advised of the necessity to have a base proposal. Mr. Kaplin advised the number may be so bloated that it may not help at all. Commissioner Scarborough stated it will be possible to see from the alternates the result of assuming more risk.

Joe Treshler, Vice President of Business Development for Ogden Martin Systems, expressed concern that Ogden Martin will be able to present a proposal without some change. He advised of the background of Ogden Martin Systems in relationship to the project; outlined the difficulties in bidding on the base proposal, including the term and problems with going to the surety market; and suggested a 20 to 30-year term. He addressed the issues of risk, liability for negligence, compensation, permitting changes, and impacts of schedule and price; and requested the bid date be changed to 30 days after the questions have been answered. He advised the only proposal that can be submitted is for an existing landfill because that is the only risk that can be quantified.

Commissioner Ellis expressed preference for a time extension rather than additional money if there are problems or rule changes. He stated the County assumes risk for its action; however, he does not know what actions of the County would cause the bidders risk if they were permitting a facility in another county. Mr. Treshler advised of elements where there would be risk, such as transportation of waste by the County to the facilities. Mr. Rabon advised staff has no problem with changing the language to what was agreed to in the pre-proposal conference, and it has been approved by the County Attorney and Risk Management. Mr. Treshler indicated desire for language

to provide if there were permitting changes, it could be a point of termination of the contract; and advised Ogden Martin is not looking to recover the permitting costs.

Commissioner O?Brien inquired if the process could be extended 160 days; and explained the problems involved with developing a bid in 30 to 45 days. Mr. Rabon advised the proposals are due on March 4, 1996; and some time extension would not cause a problem, although the vendors do not need 160 days to complete a full proposal. He noted nine vendors are pre-qualified.

Bill Gresham, representing Chambers Waste, advised the previous speakers, Mr. Treshler and Mr. Kaplin, explained the position of Chambers Waste. He advised Chambers Waste will only bid the exportation of the South County Service Area waste to its out-of-county facility; and described the Chambers Waste site and operation. He noted Chambers only has to address one of the County?s criteria for the bid; and Chambers will not present an alternate plan. He expressed agreement with the base proposal price plan and agreement.

Bill Redman, representing Browning-Ferris Industries, Inc., stated he is in agreement with Mr. Kaplin and Mr. Treshler; and warned of the possibility of litigation. He recommended the Board look at all options available and extend the time for response to the RFP.

Commissioner Scarborough emphasized the importance of the project; and requested a workshop be held to go over everything, item by item.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to direct that a workshop be scheduled to discuss RFP parameters on Solid Waste Disposal Services-South Brevard Service Area.

Commissioner Higgs inquired when would a workshop take place; with Commissioner Scarborough responding as soon as it could be scheduled. Commissioner Higgs inquired if the RFP will be delayed; with Commissioner Scarborough responding it has to be delayed; some vendors will not respond; and it is necessary to re-think the issue. Commissioner Higgs suggested holding the workshop within the next two weeks and continuing the RFP process with a 30 to 60-day extension. She expressed concern about the status of the process given the amount of time that has been invested. Discussion ensued on when to hold the workshop and how long to extend the RFP.

Mr. Kaplin advised his company would need 20 to 30 days after the Board has met to determine the final RFP to submit. Mr. Treshler advised 30 days would be acceptable.

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

Commissioner Higgs inquired if the Board is going to specifically address the issues of the current RFP and no other issues. Commissioner O?Brien stated it will need to be a focused workshop. Chairman Cook agreed it is the purpose of the workshop.

The meeting recessed at 4:07 p.m. and reconvened at 4:22 p.m.

Assistant County Manager Stephen Peffer requested the Board ratify the Memoranda of Agreement for extension agents; and representatives from the University of Florida are present to answer questions.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Memoranda of Agreement with the University of Florida, IFAS, for employment of Chris Combs, Sea Grant Agent, and Doug Kutz, Yard Waste Educator Agent.

Commissioner O?Brien expressed concern about the Yard Waste Educator position, the cost to the County, the salary level in comparison to teachers, and whether the County should be hiring educators. He advised the Board approved a mulching facility that is supposed to take care of yard waste; and the County should not be spending money on a yard waste educator. Commissioner Ellis noted if the State changes its recycling requirements, the Board may want to look at this differently; and there is a goal attached to the position; and after one year, it should be possible to evaluate how much of the goal has been achieved. Commissioner O?Brien stated if the goal is achieved, the County would save $123,750; but sometimes it is just moving money from one hand to another. Commissioner Scarborough advised of benefits to the community and to individuals. Commissioner O?Brien noted the position has already been filled; and inquired if the goals have been attained. Commissioner Scarborough advised of the residual effects of recycling education which are difficult to quantify by dollar amount. Chairman Cook expressed reservations about the need for a full-time employee. Commissioner O?Brien noted three homeowners organizations he contacted were unaware of the program. Commissioner Higgs advised of the economic benefits of the sea grant and yard waste recycling programs. Chairman Cook stated recycling and the goals of the program are admirable; and inquired if the goals can be accomplished without hiring a full-time employee. Mr. Peffer advised Chris Combs and Doug Kutz have been hired; and the request before the Board is administrative procedure.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to amend the motion to request a memorandum outlining the measurable outcomes the Board can look to in evaluating the positions, including a formula to show the actual reduction of the yard waste going into the landfill, and a list of the organizations addressed by the Yard Waste Educator.

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

Assistant County Manager Stephen Peffer advised there is an opportunity to achieve additional bonding and revenue for land acquisition under the EELS program; the voters approved up to $55 million of bonding; and it is currently at the $30 million range.

Chairman Cook inquired if the projects have been identified; with Mr. Peffer responding there is more property within the boundaries of the approved CARL projects than there is money to purchase; and each additional opportunity to gain capital dollars will make it more possible to fulfill what the Board has already approved. Mr. Peffer advised the projects are the Scrub Jay Refugia, Maritime Hammocks, and North Indian River Lagoon.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize the County?s Financial Advisory and staff to begin the process of refinancing Series 1991 Limited Ad Valorem Revenue Bond and issue up to $4 million of new bonds; authorize the Bond Counsel to prepare the appropriate bond documents and resolutions; and authorize the Chairman to execute necessary documents.

Commissioner Ellis advised the intent is that under no circumstance is it to go beyond .21 or .22 mill of debt service so there is some portion of millage left for maintenance.

Chairman Cook advised all purchases made under the Environmentally Endangered Lands Program in Seminole County are for public access; and he hopes the County has the same policy.

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

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to execute amended Agreement with BellSouth Telecommunications, Inc. for frame relay service, converting to the newly approved tariff rates approved by the FCC and converting the 36-month term to 45 months.

Commissioner O?Brien inquired if the service is compatible with the present system; with Communications Director Joe Lamers responding affirmatively. Mr. Lamers explained the equipment being purchased. Commissioner O?Brien inquired if the County government will eventually be able to interconnect with the libraries and the County Attorney to seek information and documents; with Management Services Director Michael Managan advising that is correct, and it will be possible to connect to anyone else within the frame relay cloud, which would be portions of Orange, Osceola, and Seminole Counties. Mr. Lamers advised it is planned to extend to Indian River County, and at that time Micco, which is presently outside the cloud, would be included.

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

County Manager Tom Jenkins outlined five cost-cutting suggestions from County Departments. He stated a mechanism is being set up to formalize exchange of equipment, but exchange of supplies would be more difficult. He advised there are voluntary recycling programs for almost every office which are broadly used. He stated staff is looking at a video arraignment between the Justice Center and the Detention Center; and staff is developing cost estimates for installations at the North Brevard Service Center and the Government Center to reduce travel. He advised the County uses the 3-year, 36,000 mile warranty on vehicles; and the cost of extended warranties has been considered excessive. He stated to require Management Certification programs to be taken after hours may decrease participation; participation is encouraged to allow employees individual achievement and a better understanding of the County?s policies and practices, which is a benefit to the County; and as employees who pass the program are guaranteed an interview for advancement opportunities, it is necessary to insure it is broadly available.

Commissioner O?Brien inquired about 1996 submittals; with Mr. Jenkins advising he has not finished with the 1995 suggestions.

Commissioner Ellis expressed support for teleconferencing. Mr. Managan advised of a satellite dish connection which will allow the County to pick up training programs.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to grant permission to advertise a public hearing for March 5, 1996 to consider a tax abatement application for Tru-Mension Mfg., Inc. Motion carried and ordered; Commissioner Scarborough abstained.

Annie Camacho, Deputy Director for the Fair Housing Continuum, Inc., advised of housing discrimination in Brevard County; stated the Fair Housing Continuum has been in operation since April, 1995, and has handled 33 individual complaints; and cases have been referred to landlord/tenant resolution, mediation, the Florida Commission on Human Relations, and private attorneys for civil action. She noted the Cities of Cocoa, Titusville, Melbourne and Palm Bay have local Ordinances which prohibit housing discrimination; but many are outdated and overly restrictive. She advised of problems in filing complaints; and recommended the County adopt a fair housing ordinance. She noted the County has a requirement to do an analysis of impediments to fair housing which was due on February 6, but only one area has done the analysis. She recommended the County develop a consolidated strategy to address housing discrimination, including a Countywide ordinance, citizen participation, and creation of an equal opportunity board. She noted April is National Fair Housing Month; and suggested the County use the month as a springboard to embark on a fair housing strategy.

Commissioner Scarborough inquired what does a County ordinance add to federal law. Ms. Camacho responded it would offer a local solution to local problems. Commissioner Scarborough inquired if there is a model ordinance. Ms. Camacho recommended the Tampa Ordinance.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct the County Attorney review the Tampa Fair Housing Ordinance, and report to the Board.

Chairman Cook expressed interest in seeing what the Ordinance would add to the federal and state regulations; but emphasized he is not interested in adopting an ordinance that parrots the federal and state laws. Ms. Camacho advised a County ordinance would send a message to the community, and there is a need for education and outreach.

Commissioner Higgs inquired if the analysis to impediments to fair housing is part of the consolidated plan; with Ms. Camacho responding it is a mandate for any entity receiving CDBG or other federal funds. Commissioner Higgs requested the County Manager forward the appropriate reports to the Board.

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

Commissioner Ellis stated in the past, non-profit groups have built apartment complexes, but now non-profit groups are buying commercial apartment complexes and removing them from the tax rolls; and the Legislature should move to halt this practice. He noted people living in the apartments still use services that are provided by the cities and county; and the fact that it is a non-profit corporation does not mean that someone is not drawing a salary and making money.

Nancy Jewel, Social Service Coordinator for Community Housing Initiative Trust (CHIT), stated she is speaking on behalf of David Petroni, Director of CHIT; housing for working families is a mandate passed onto the community; and it can be in the form of direct allocation of federal HOME or CDBG dollars, through State allocated SHIP funds, or through a contribution of services. Ms. Jewel expressed doubt that apartment complexes utilize more or less community services based on whether there are restrictive set asides for working people; and provided statistical data for the County. She stated homes for the aged will suffer; and amending State legislation which supports 60% of the residents would be unconscionable.

Commissioner Ellis stated no one in his working class neighborhood gets a property tax exemption if they make less than $35,000 a year; when the apartment complexes are taken off the tax rolls, the homeowners and people living in private apartment complexes will pay the difference; and the

Windover facility is a major complex that is being removed from the tax rolls. Ms. Jewel advised the goal for community housing is for the households to achieve home ownership. Commissioner Ellis advised when they own a home, they will pay taxes and pick up the tax burden for the apartments which do not pay taxes.

Commissioner O?Brien noted the large number of apartment complexes in the County; and advised if all of them were purchased by non-profit organizations, the housing with the most people would pay no taxes at all while individual property owners would assume the tax burden. He outlined a scenario where a non-profit organization would purchase and sell various properties; and stated the taxpayer would not be the winner. He expressed concern about people in apartment complexes using services but paying no taxes, being unable to save for a home, and money not being reinvested in the complexes. He advised homes for the aged will not suffer.

Commissioner Higgs cautioned it will be necessary to be careful in developing any language as the intent is not to affect those facilities which are serving citizens. Commissioner Ellis stated Trinity Towers has always been tax exempt; but now the Board is beginning to see commercial complexes bought by the non-profit groups. Commissioner Higgs stated language brought before the Legislative Delegation will have to preserve those facilities that have served for some time; and the Board needs to be careful in passing a resolution to tighten the standards for tax exemption for apartment complexes. Commissioner Scarborough advised of how non-profit organizations operated in bingo, how non-profit organizations differ, and of the possibility for fraud and abuses.

Chairman Cook noted people have gotten rich from these projects; and even though they start out being for a good cause, they are ripe for abuse.

Commissioner O?Brien advised of things the Board addresses through Code; and suggested the Board request the Legislature look at this issue.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to direct the County Attorney to work with the Property Appraiser to develop statutory language to be presented to the Legislative Delegation to tighten standards for tax exemptions for apartment complexes and other commercial enterprises of non-profit groups, and return such language to the Board. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to table consideration of resolution requesting the Florida Legislature provide funding for preservation and repair of the beaches to March 5, 1996. Motion carried and ordered unanimously.

Commissioner Scarborough advised the County is required to have a balanced budget; and to not have money allocated for services is contrary to good faith budgeting.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to take no action on authorization to send a letter to the Brevard Legislative Delegation on Florida Statute amendment concerning collective bargaining.

Commissioner Ellis advised he has the Finance Director?s memorandum, but does not understand it. Commissioner Scarborough read aloud from Mr. Burdett?s memorandum. Commissioners Scarborough and Ellis exchanged comments regarding collective bargaining, multiple year agreements, and budgeting practices. County Manager Tom Jenkins advised it pertains to multiple year arrangements. Commissioner Scarborough suggested tabling the item to get further recommendation.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to table consideration of a letter to the Brevard Legislative Delegation requesting amendment to Florida Statutes concerning collective bargaining to March 5, 1996, in order to get additional information. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to take no action on reduction of retainage for subcontractors for the Harry T. and Harriette V. Moore Justice Center. Motion carried and ordered unanimously.

Commissioner Scarborough expressed concern about the language in the opinions and the impartiality of expert witnesses.

Commissioner O?Brien inquired if there are experts on staff. Commissioner Scarborough stated when staff serves as an expert for the County and as the first judge at the scene, it is a confusing role.

County Attorney Scott Knox recommended the Board set a threshold for the kinds of cases it wishes to get involved in, and put more burden on the applicant to present staff with information for analysis.

He noted if experts are forced to put the basis of their opinions in writing, staff can review those and rebut the expert opinions.

Commissioner Ellis inquired if staff recommended denial in the two cases in question; with Mr. Knox responding no. Mr. Knox stated staff should not make a recommendation, but should provide an opinion regarding compliance with criteria for zoning change; and staff should also offer an opinion on whether the other experts? opinions are valid. Commissioner Ellis stated if staff recommends approval, but the Board denies, the Board?s experts have spoken. Commissioner Scarborough stated that is where he has a problem; the Board is not going to be able to refute staff; and the Courts will overturn the Board?s decisions.

Chairman Cook recommended staff present options and testimony, but not make recommendations. Mr. Knox stated staff?s role should be to poke holes in the other side?s case. Commissioner Ellis noted staff presents information now; it is not always positive; and the difference is staff would no longer make a recommendation.

Commissioner Scarborough stated the Zoning Official is making a recommendation; outlined his experience in Micco; and noted a traffic decision drove the zoning, but the Traffic Engineering staff had not seen the area. He stated if staff is to be involved, all staff should be involved.

Chairman Cook stated getting a recommendation from one or two staff members is not getting a full picture of what is going on. Commissioner Ellis advised it depends on what the Board?s parameters are for approval or denial. Chairman Cook stated staff should not be in that position; and staff should be providing the information to make a decision. Commissioner Ellis expressed concern about staff being in an adversarial role on every zoning application. Chairman Cook stated if the applicant?s consultant is not accurate, staff should advise the Board. Commissioner Scarborough advised of a consultant whose opinion of a project changed when he changed clients. Mr. Jenkins expressed concern about having staff steer with information because it precludes the Board from forming a conclusion; and stated staff can bring to the Board?s attention any information presented by the applicant which is inaccurate.

Commissioner O?Brien inquired what would happen if the Board followed the recommendation of the Planning and Zoning Board, and why is the Board wasting its time if it cannot disagree with the Planning and Zoning Board?s opinion. Mr. Knox advised the Board is not required to agree with anyone?s opinion, but it is required to make its decision based on substantial competent evidence, part of which is the opinion presented by the property owner?s experts and the Board?s expert staff. Commissioner Higgs stated there is a need for more competent substantial evidence, and for the Board to have the ability to have experts? opinions; and if the Board does not have that, it should table the item and wait for information.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to defer the issue of how to proceed in the future to the County Attorney and County Manager, and direct them to report to the Board in 30 days. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to appeal the decision of the appellate panel in Bosco v. Brevard County.

Mr. Knox stated there are some issues in the decision which can be appealed.

Commissioner Scarborough withdrew the motion.

Commissioner O?Brien stated the County Attorney does not recommend appealing in the case of ABC Ventures, Inc. v. Brevard County.

Motion by Commissioner O?Brien, seconded by Commissioner Cook, to acknowledge receipt of decision of the appellate panel, and take no action to appeal in the case of ABC Ventures, Inc. v. Brevard County. Motion carried and ordered unanimously.

Attorney Ken Crooks, 101 South Courtenay Parkway, Merritt Island, representing the property owner and developer in the case of Bosco v. Brevard County, expressed concern that a motion was made and seconded to appeal without benefit of public comment. Mr. Crooks outlined the background of the rezoning item; and stated the Court found the denial of the rezoning to be arbitrary, discriminatory, unreasonable, and not based on substantial competent evidence. He advised the delay and litigation have cost the developer hundreds of thousands of dollars; and any further delay will exacerbate the damages. He noted the County Attorney advises the Board?s ability to appeal is not good; and explained the reasons and the issues which are considered by the appellate court. He stated case law shows the Board has no basis for appeal; and urged the Board not to waste the money of the taxpayers or his clients in pursuing an appeal which may lead to future litigation on a civil rights basis. He stated the Board has a court decision that its previous action was unwarranted and unconstitutional; nothing has been presented that would warrant an appeal of the matter; and recommended the Board acknowledge the previous decision was incorrect, and grant the PUD zoning.

Commissioner Scarborough inquired if Mr. Knox is aware of civil rights actions arising from someone exercising his right to appeal; with Mr. Knox responding he has never seen one. Commissioner Scarborough inquired about the Board?s right to appeal; with Mr. Knox advising he does not think the County will find liability in this case, but will advise the Board if he finds out differently.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to appeal the decision of the appellate panel in the case of Bosco v. Brevard County.

Chairman Cook stated there may be some action for damages; and inquired if the Board prejudices the case by appealing or not appealing. Mr. Knox advised there is the possibility Mr. Crooks will allege the County is filing a frivolous appeal; but there are arguments that can be made that the Circuit Court departed from the essential requirements of law.

Chairman Cook stated if the Board decides not to go forward, it is not saying that the previous decision was wrong; but he will vote against the motion based on cost and the recommendation of the County Attorney?s Office.

Commissioner Higgs requested additional time and information before voting to appeal. Commissioner Scarborough inquired how much time does the Board have; with Mr. Knox responding 30 days from the date the decision was rendered. Discussion ensued on whether to table the item or vote to appeal.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to table consideration of appeal of Bosco v. Brevard County to February 23, 1996. Motion carried and ordered unanimously.

Commissioner O?Brien requested Mr. Knox provide information on how many people win on appeal.

Mr. Crooks requested the item be time certain; with Chairman Cook advising it will be first on the Agenda.

Margaret Hames, 667 Acacia Avenue, Melbourne Village, read aloud a message from Jody Rosier, Florida Audubon Society, supporting the naming of the Scrub Jay Refugia CARL Project as the Helen and Allen Cruickshank Scrub Sanctuary.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to support naming the properties acquired within the Rockledge core area of the Scrub Jay Refugia as the Helen and Allen Cruickshank Scrub Sanctuary. Motion carried and ordered unanimously.

Janis Walters, 4098 Ponderosa Road, Valkaria, outlined her objections to the construction of additional T-hangars at Valkaria Airport. She advised of pilots conducting themselves in an unacceptable manner by ignoring noise abatement procedures, violating FAA altitude regulations, and flying without radio contact to avoid identification while harassing local residents; and described unacceptable acts on weekends. She advised of acts of vandalism, malicious mischief, and harassment on the homeowners of Valkaria; and stated there have been reports to the Sheriff?s Office. She urged the Board to not build additional hangars until the airport is cleaned up.

Curt Lorenc, 4098 Ponderosa Road, Valkaria, submitted copies of vandalism reports made to the Sheriff?s Office; and stated most of the residents who have spoken against the Airport have been vandalized. He requested the County have someone at the Airport on a more regular basis to keep things under control; recommended the County get out of the airport business; and expressed doubt that the additional hangars will make money. He advised Mr. Cannon, the fixed base operator at Valkaria Airport, has written two letters in an attempt to take the Airport and the Habitat at Valkaria Golf Course away from the County without compensation; but the FAA has denied his request. He advised of acts of vandalism and harassment of the homeowners in Valkaria.

Theo Atkins, 2055 Valkaria Road, Malabar, advised he is in agreement with Ms. Walters and Mr. Lorenc. He expressed concern about any increase at the Valkaria Airport; and advised of acts of vandalism.

Commissioner Higgs inquired if the Agreement needs to be executed in a particular time frame; with Administrative Assistant Mary O?Neal responding before June 30, 1996. Commissioner Higgs inquired where is the money coming from to build the additional T-hangars; with Public Works Finance Director Jim Helmer responding it is borrowed from the commercial paper program, and the revenue from future T-hangar rentals would be the source of repayment. Commissioner Higgs inquired if the money is being matched by FDOT money and there is no General Fund money going into the T-hangars; with Mr. Helmer responding affirmatively. Commissioner Higgs inquired about the payback; with Mr. Helmer responding it would be paid back over 20 years unless there are sufficient funds left over at the end of the project to pay down the commercial paper, and the payback for the investment would be 5.5 years. Commissioner Higgs inquired whether the people on the waiting list are currently housed at other facilities; with Ms. O?Neal responding some are.

Chairman Cook inquired if the rates are less expensive than competing airports; with Ms. O?Neal responding slightly. Chairman Cook advised he has concerns and would like additional information.

Commissioner Higgs inquired about construction plans for the hangars; with Ms. O?Neal advising it is in the pre-bid phase; construction will take 5 months; it is anticipated to be completed by the beginning of the fiscal year; and the bid will be put out within 30 days. Commissioner Higgs inquired about law enforcement response to the citizens? complaints. County Manager Tom Jenkins suggested the fixed base operator be put on notice that if it is proven that he is involved in the vandalism and harassment, it would be basis for termination of his lease. Commissioner Higgs stated she cannot allege any connection like that; there have been complaints from those who have voiced opposition to development of the airport; harassment of those individuals is unacceptable; but she does not know how to stop that situation other than to have law enforcement act on it. Mr. Jenkins noted he was not suggesting the Board accuse anyone. Commissioner Scarborough advised Mr. Jenkins? suggestion is not inappropriate.

Commissioner O?Brien read aloud from reports outlining acts of vandalism; and suggested the County Manager write to the Sheriff requesting he investigate the matter.

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to direct the County Manager write a letter to the Sheriff strongly requesting he investigate incidents of vandalism in Valkaria which may be related to the dispute concerning the Valkaria Airport. Motion carried and ordered unanimously.

Commissioner O?Brien noted it may not be anyone from the airport doing the vandalism and harassment, and there may be room to resolve the issue between the airport and the residents.

Commissioner Higgs suggested action be delayed for a few weeks, and the Board make a statement that harassing behavior is unacceptable from either side. She urged all parties to deal with the issues in a factual manner without emotion.

The meeting recessed at 6:14 p.m. and reconvened at 6:25 p.m.

Housing Services Director Jasper Trigg advised of the staff recommendation to appoint one State licensed veterinarian and alternate, one dog behavioral trainer and alternate, and one kennel club member and alternate to the Animal Control Dangerous Dog Hearing Council; and recommended each Commissioner make one appointment and the Chairman make two appointments.

The Commissioners drew lots, with District 1 drawing the kennel club worker alternate, District 2 drawing dog behavioral trainer alternate, District 3 drawing dog behavioral trainer, District 5 drawing State licensed veterinarian alternate, and District 4 drawing State licensed veterinarian and kennel club member.

Assistant County Manager Joan Madden suggested the Board make appointments at the next meeting.

Commissioner Ellis advised it would be less expensive to upgrade the engine and add another fireman; and requested staff explain its recommendation. EMS Chief William Farmer advised there is an Agreement with Harbor City Volunteer Ambulance Squad to provide ALS service in the South

Beaches; and staff does not recommend violating that Agreement by moving into the ALS service in the traditional Harbor City Volunteer Ambulance Squad areas. Commissioner Ellis noted the difference is over $300,000.

Assistant County Manager Joan Madden advised even with an upgrade to an ALS engine, there would be need for a transport vehicle; and while the upgrade would provide more immediate medical care, it would not reduce the amount of time for transport.

Commissioner O?Brien inquired why every time there is a call for an ambulance, a fire truck is sent. Chief Farmer explained when the EMS and Fire Services were consolidated in the 1980's, it was to augment each other?s manpower; and they supplement each other on fire and emergency calls. County Manager Tom Jenkins explained the First Responder system.

Commissioner O?Brien commented on the expense of sending a fire truck and following up with an ambulance. Mr. Jenkins advised he will provide additional information explaining the reasoning.

Commissioner Ellis stated the Board is buying the ambulance, giving it to Harbor City Volunteer Ambulance Squad, and paying for first year staffing; but Harbor City Volunteer Ambulance Squad is still going to charge people to transport them to the hospital; so the County should not pay the full cost. Ms. Madden advised there will not be much additional revenue as Harbor City Volunteer Ambulance Squad is currently transporting in that area; and the goal is to achieve decreased response times. Commissioner Ellis advised the fire engine would provide decreased response time at less cost. Chief Farmer advised it would not decrease response time for transport.

Commissioner Higgs inquired how much longer is the Agreement with Harbor City Volunteer Ambulance Squad; with Ms. Madden responding through 1999. Commissioner Higgs inquired if the County is required to use Harbor City Volunteer Ambulance Squad as the service provider in the franchise area; with Ms. Madden responding Harbor City Volunteer Ambulance Squad has the exclusive franchise in that area; and in order for another provider to come in, Harbor City Volunteer Ambulance Squad and the County would have to agree to it. Commissioner Ellis inquired about an out clause in the Agreement; with Chief Farmer responding if Harbor City Volunteer Ambulance Squad is not providing the service, that would provide an out to allow another service to come in. Discussion ensued on the advantages and disadvantages of staffing a fire truck with paramedics and EMTs rather than providing the funding for Harbor City Volunteer Ambulance Squad.

Chairman Cook stated the benefit of transporting faster is the bottom line.

Commissioner O?Brien suggested tabling the item until the details are worked out.

Commissioner Ellis stated he understands the need to move ALS closer to the residents, but is concerned about the cost differential between the two proposals.

Commissioner Scarborough requested information on the implications of reducing service when a unit goes to the South Beaches; and indicated he favors another ambulance.

Commissioner Ellis inquired how many ambulances are in the South Beaches; with Commissioner Higgs responding there is one ambulance in Melbourne Beach. Ms. Madden advised the backup is a rig from the mainland.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Amendment to Agreement with Harbor City Volunteer Ambulance Squad, Inc. in the amount of $379,420 for ambulance service in the South Beaches; and approve a Budget Change Request in the amount of $485,914. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Agreements for Sale and Purchase with the Board of Trustees of the Internal Improvement Trust Fund to transfer the Jacobsohn, Pearce, Barge, Vislocky, Wagner, Brestin, Schmitt, and Coconut Pointe, Inc. properties for CARL reimbursements; and direct staff to develop lease/management agreements with the State for management of the properties once they are transferred. Motion carried and ordered unanimously.

Commissioner O?Brien indicated he is still having a problem with defense attorneys ordering originals and copies at $1 a page per copy; and requested the County Manager provide a list of the members of the Rules Committee of the Florida Bar Association so the Commissioners may lobby them. Chairman Cook expressed concern about the charges.

Motion by Commissioner O?Brien, seconded by Commissioner Cook, to direct the County Manager to provide a list of the members of the Rules Committee of the Florida Bar Association with their addresses. Motion carried and ordered unanimously.

Discussion ensued on court ordered costs, convenience of ordering copies, and changing the rate structure for reporting services.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve the Bills, as submitted. Motion carried and ordered unanimously.

Upon motion and vote, the meeting adjourned at 6:50 p.m.

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ATTEST: MARK COOK, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

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SANDY CRAWFORD, CLERK As approved by the Board on 5-21-96.

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