The Board of County Commissioners of Brevard County, Florida, met in regular session on November 14, 1995, at 9:00 a.m. in the Government Center Board Room, Building C, 2725 St. Johns Street, Melbourne, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Mark Cook, and Scott Ellis, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Pastor Tim Franklin, Freedom Christian Center, Melbourne, Florida.

Commissioner Nancy Higgs led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve the Minutes of July 31, 1995 Zoning Meeting and August 15, 1995 Regular Meeting. Motion carried and ordered unanimously.

DISCUSSION, RE: TEMPORARY LOAN FOR CDBG AND HOME FUNDS

Assistant County Manager Joan Madden advised, due to the shut down of the federal government last night, they will be unable to access CDBG and HOME funds; and it will affect their ability to make payments to small contractors and vendors, some staff salaries which are charged in whole or in part to the grants, and one first-time home buyer closing. She requested a temporary loan on an as-needed basis from the General Fund to continue payments to small contractors, with payment requests in for work already completed, one first-time home buyer commitment so they can close, staff salaries, and the $35,000 commitment to Serene Harbor. She stated the Serene Harbor contract and loan guarantee is scheduled for November 21, 1995 meeting, with the closing and bank loan tentatively set for November 22, 1995; in order to have the down payment ready on November 22, 1995, it will be necessary for Finance to cut the check on November 21, 1995 at the latest; and the projected amounts necessary for what she has requested total $104,644.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve a temporary loan of $104,644 on an as-needed basis from the General Fund to cover shortages caused by the inability to access CDBG and HOME funds as a result of the shutdown of the U.S. Government, to pay contractors and vendors, staff salaries, one first-time home buyer closing, and the $35,000 commitment to Serene Harbor.

Commissioner Cook stated Presidency III starts on Friday, so he is sure it will be settled by Friday because those people have to be in Florida; and any budget resolution that they pass will be retroactive, so no federal employees will lose their wages.

Commissioner Scarborough inquired if there is a possibility the loan would not be repaid; with Ms. Madden responding the funds are already appropriated and under contract with Brevard County, so they are there; according to their information, they will be repaid as soon as someone is there to release the funds; but there is no one there currently to release them electronically.

County Manager Tom Jenkins advised they will not embark on something new, and it is for the outstanding commitments that the County has.

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

Commissioner O'Brien inquired if there are employees who did not go to work today because of the financial crunch; with Ms. Madden responding not locally; she had conversations with three of them this morning; and they are all on the job.

DISTRICT 2 REPORT, RE: OPENING LOCKS AT PORT CANAVERAL

Commissioner O'Brien advised it stopped raining in District 2; the sun has been out for about a week; the creek has gone done; they are opening the locks at Port Canaveral; and they drained the fresh water off the top of the Banana River and parts of the Indian River. He stated they put salt back in, so the salt content is back to 16 around Titusville and North Merritt Island; and they saved the clam crop.

Commissioner Cook stated that is something people suggested for years, and he is happy they are finally doing it because it makes sense. Commissioner O'Brien stated they would not do it because they were afraid that the current that goes through the locks would scour out the canal to the Port and erode some of the Port; but the Corps of Engineers said they dredge about once a year; and four knots cannot hurt anything; so they opened it at 6:00 p.m., and they will stay open until 8:00 a.m.

Commissioner O'Brien pulled Item III.B.15.

DISTRICT 4 REPORT, RE: WILLIAMS HOUSE

Commissioner Cook pulled Items III.C.2 and III.E.16.

Commissioner Cook advised he will put something on the agenda regarding the Williams House; the City of Rockledge wrote back and wants the County to continue the project; he has concerns about spending the Beach and Riverfront money on a restoration project; so if the Board decides to continue the project, it should make a decision whether it should be funded by State grants, private contributions, or funds other than Beach and Riverfront.

Commissioner Ellis inquired if the Board will also have alternatives if it decides not to fund it with Beach and Riverfront money; with Commissioner Cook responding yes, Rockledge has endorsed it but the funding mechanism is up to the Board; and he is open to any suggestions the Commissioners may have. RESOLUTION, RE: PROCLAIMING FARM-CITY WEEK

Commissioner Cook advised he received a request for a resolution from the Farm Bureau; and they said they would not be in attendance, but would like the Board to pass a proclamation.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to adopt Resolution proclaiming November 17 through 23, 1995, as Farm-City Week in Brevard County, and urging citizens to participate in seminars, pageants, fairs, and civic and social events conducted during the week. Motion carried and ordered unanimously. (See page _____for Resolution No. 95-304.)

DISTRICT 5 REPORT, RE: WORKSHOP

Commissioner Ellis inquired if the Board is going to hold a workshop on November 21, 1995; with Commissioner O'Brien responding not that he knows of. Commissioner Ellis stated that day is scheduled for a workshop; and if the Board is not going to have one, he will clear his calendar.

County Manager Tom Jenkins advised it is scheduled on the calendar, but they do not have a subject currently reserved because two items got canceled.

Chairman Higgs advised the November 21, 1995 scheduled workshop is canceled.

DISTRICT 3 REPORT, RE: ITEMS PULLED FROM AGENDA

Chairman Higgs advised one card requested item III.C.1 be pulled from the agenda; so items III.B.15, III.C.1, III.C.2, and III.E.16 will be dealt with at the end of New Business.

AGREEMENT WITH STEVEN AND PATRICIA FOWLER, RE: BUILDING PERMIT OFF EXISTING RIGHT-OF-WAY CONSTRUCTED TO STANDARDS OF UNPAVED ROAD ORDINANCE NO. 93-27

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Agreement with Steven and Patricia Fowler approving issuance of a building permit off an existing right-of-way constructed to the standards of the Unpaved Road Ordinance No. 93-27. Motion carried and ordered unanimously. (See page _____agreement.)

EXTENSION OF AGREEMENTS WITH COCOA AUTO SALVAGE AND CURTIS BROTHERS, RE: TOWING SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to extend Agreements entered into with Cocoa Auto Salvage and Curtis Brothers on November 18, 1993, for towing services through November 17, 1996. Motion carried and ordered unanimously.

BUDGET CHANGE REQUEST, RE: ESTABLISHMENT OF REVENUE AND EXPENDITURE BUDGETS FOR BREVARD COUNTY HISTORY BOOK

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Budget Change Request establishing revenue and expenditure budgets for Brevard County History Book. Motion carried and ordered unanimously. (See page _____ for Budget Change Request.)

PERMISSION TO AMEND COMPREHENSIVE PLAN, RE: TRAFFIC CIRCULATION ELEMENT IN 96A AMENDMENT CYCLE

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant permission to amend the Traffic Circulation Element of the Comprehensive Plan in the 96A amendment cycle to incorporate the long-range transportation plan and miscellaneous project update information adopted by the Brevard Metropolitan Planing Organization. Motion carried and ordered unanimously.

WAIVER OF CUP APPLICATION FEE, RE: METAL SALVAGE YARD ON PARCEL 771

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to waive application fee for John Fisher to obtain a conditional use permit for a metal salvage yard on Parcel 771 in Section 35, Township 25S., Range 36E. located in the industrial park south of Rockledge. Motion carried and ordered unanimously.

ACKNOWLEDGE STAFF REPORT, RE: CITIZEN RESOURCE GROUP PROCESS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to acknowledge receipt of staff's report regarding citizen resource groups. Motion carried and ordered unanimously.

RESOLUTION SETTING PUBLIC HEARING, RE: VACATING RIGHTS-OF-WAY IN SECTIONS 16 AND 21 - FIRST NATIONAL REAL ESTATE COMPANY

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution setting public hearing for December 12, 1995 to consider vacating rights-of-way in Sections 16 and 21, Township 24S., Range 35E., as petitioned by First National Real Estate Company. Motion carried and ordered unanimously. (See page _____for Resolution No. 95-305.)

RESOLUTION SETTING PUBLIC HEARING, RE: VACATING DRAINAGE DITCH RIGHT-OF-WAY ADJACENT TO NORTH COURTENAY PARKWAY - ISLAND LAKES OF MERRITT ISLAND, LTD.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution setting public hearing for December 12, 1995 to consider vacating a drainage ditch right-of-way adjacent to North Courtenay Parkway as petitioned by Island Lakes of Merritt Island, Ltd. Motion carried and ordered unanimously. (See page _____for Resolution No. 95-306.)

RESOLUTION OF NECESSITY, RE: MALABAR ROAD WIDENING PROJECT, BETWEEN I-95 AND CURVET CIRCLE EAST

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution of Necessity authorizing eminent domain action for Malabar Road Widening Project, between I-95 and Curvet Circle East, on property owned by John N. Fountain, Jr. and William Cleve. Motion carried and ordered unanimously. (See page _____for Resolution No. 95-307.)

COOPERATIVE AGREEMENT WITH ENVIRONMENTAL PROTECTION AGENCY, RE: JOINT FUNDING FOR INSTALLATION OF INLET DEVICES

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Cooperative Agreement with United States Environmental Protection Agency for joint funding of the installation of inlet devices for stormwater retrofit projects. Motion carried and ordered unanimously. (See page _____for Agreement.)

TASK ORDER WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC., AND AUTHORIZATION TO NEGOTIATE AND EXPEND FUNDS, RE: STORMWATER SYSTEM LOCATION FOR MERRITT RIDGE PROJECT 1G

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Task Order #53709-92-004-04 with Post, Buckley, Schuh & Jernigan, Inc. for Merritt Ridge Project 1G; and authorize staff to negotiate and expend necessary funds for acquiring stormwater system location. Motion carried and ordered unanimously. (See page _____for Task Order.)

CHANGE ORDER TO PURCHASE ORDER WITH ARDAMAN & ASSOCIATES, RE: GEOTECHNICAL TESTING FOR WICKHAM ROAD WIDENING PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Change Order to Purchase Order No. 410928 with Ardaman & Associates, increasing total geotechnical testing cost for Wickham Road Widening Project from $100,000 to $125,000; and direct staff to negotiate with contractor for recovery of the fees. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACTS, RE: PEDWAY FACILITIES FOR ALL DISTRICTS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant permission to bid pedway facilities for all districts, award to the lowest responsible bidders for Cone Road, Eau Gallie Boulevard, Carpenter Road, Plumosa Avenue, and SR A1A; and authorize the Chairman to execute contracts with the successful bidders. Motion carried and ordered unanimously. (See pages _____for Bids, Recommendation, and Contracts.)

REMOVAL FROM INVENTORY, RE: PRINTER BUFFER 512 CABLE

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve removal of a printer buffer 512 cable, PR #A026-0357, missing from Housing and Community Development, from the County's Inventory. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF PALM BAY, RE: FUNDING AND ADMINISTRATION OF CITY'S CDBG PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Agreement with the City of Palm Bay for funding and administration of its CDBG Program. Motion carried and ordered unanimously. (See page _____for Agreement.)

WAIVER OF 51% BENEFIT CRITERIA, RE: SHARPES NEIGHBORHOOD STRATEGY AREA

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to waive 51% benefit criteria for Sharpes Census Tract 621.02, Block Group 4. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH SALVATION ARMY, RE: TRANSFER OF FUNDS FOR EMERGENCY SHELTER SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Amendment to Agreement with Salvation Army for Emergency Shelter grant funds, authorizing transfer of funds between line items with approval of Housing and Community Development Supervisor. Motion carried and ordered unanimously. (See page _____for Amendment.)

REMOVAL FROM INVENTORY, RE: IBM TYPEWRITERS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve removal of IBM Selectric II Typewriter, PR #A001-0726, and IBM Electronic Typewriter, PR #A001-0810, unaccounted for by Veteran Memorial Center, from the County's Inventory. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: CUYLER PARK COMMUNITY CENTER ADDITION AND IMPROVEMENTS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant permission to bid, award bid to responsible low bidder, and execute contract for Cuyler Park Community Center Addition and Improvements. Motion carried and ordered unanimously. (See pages _____for Bids, Recommendation, and Contract.)

WARRANTY DEED, RESOLUTION, AND AMENDMENT TO LEASE AGREEMENT WITH GREATER MELBOURNE SOCCER ASSOCIATION, RE: SOCCER FIELDS ON PROPERTY OFF MINTON ROAD

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to accept Warranty Deed from Greater Melbourne Soccer Association, adopt Resolution authorizing lease of the property, and execute Amendment to Lease Agreement with Greater Melbourne Soccer Association for use of the soccer fields off Minton Road. Motion carried and ordered unanimously. (See pages _____for Warranty Deed, Resolution No. 95-308, and Amendment.)

AMENDMENT TO AGREEMENT WITH FLORIDA INLAND NAVIGATION DISTRICT, RE: EXTENDING TIME FOR KENNEDY POINT PARK GRANT

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Amendment to Agreement with Florida Inland Navigation District (FIND), extending time for Kennedy Point Park grant for one year. Motion carried and ordered unanimously. (See page _____for Amendment.)

AMENDMENT TO AGREEMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: EXTENDING TIME FOR MELBOURNE RIVERVIEW PARK FBIP GRANT

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Amendment to Agreement with Florida Department of Environmental Protection, extending the Florida Boating Improvement Program (FBIP) grant for Melbourne Riverview Park for one year. Motion carried and ordered unanimously. (See page _____for Amendment.)

AMENDMENT TO AGREEMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: EXTENDING TIME FOR GOODE PARK FBIP GRANT

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Amendment to Agreement with Florida Department of Environmental Protection, extending the Florida Boating Improvement Program grant for Goode Park for six months. Motion carried and ordered unanimously. (See page _____for Amendment.)

AMENDMENT TO AGREEMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION EXTENDING LEGISLATIVE APPROPRIATION GRANT FOR MELBOURNE RIVERVIEW PARK

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Amendment to Agreement with Florida Department of Environmental Protection, extending the Legislative Appropriation Grant for Melbourne Riverview Park for one year. Motion carried and ordered unanimously. (See page _____for Amendment.)

AMENDMENT TO AGREEMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: EXTENDING LEGISLATIVE APPROPRIATION GRANT FOR MANATEE COVE PARK

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Amendment to Agreement with Florida Department of Environmental Protection, extending the Legislative Appropriation Grant for Manatee Cove Park for one year. Motion carried and ordered unanimously. (See page _____ for Amendment.)

AGREEMENTS WITH FIND, BUDGET CHANGE REQUEST, AND TEMPORARY LOAN, RE: FISHERMAN'S LANDING DOCK AND FIRST STREET BOAT RAMP

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Agreements with Florida Inland Navigation District (FIND) for grants to develop Fisherman's Landing Boating and Fishing Dock, and First Street Boat Ramp; authorize temporary loan from the General Fund; and approve Budget Change Request. Motion carried and ordered unanimously. (See pages _____for Agreements and Budget Change Request.)

BUDGET CHANGE REQUESTS, RE: BUDGET SUPPLEMENTS FOR PARKS AND RECREATION PROJECTS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Budget Change Requests granting tentative approval of budget supplements for Rockledge Tennis Courts, Rotary Park, Kelly Park Boat Ramp, South Brevard Beaches Jaycees Park, and Melbourne Riverview Park. Motion carried and ordered unanimously. (See pages _____for Budget Change Requests.)

AMENDMENT NO. 3 TO AGREEMENT WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC., RE: DESIGN SERVICES FOR STOSBERG PARK

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Amendment No. 3 to Agreement with Post, Buckley, Schuh & Jernigan, Inc. to provide design services for Stosberg Park driveway entrance at an additional $2,200. Motion carried and ordered unanimously. (See page _____for Amendment No. 3.)

BILL OF SALE TO CITY OF COCOA, RE: WATER LINES AND APPURTENANCES AT WEST COCOA AND WOODY SIMPSON COMMUNITY CENTERS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Bill of Sale to City of Cocoa for water lines and appurtenances at West Cocoa and Woody Simpson Community Centers. Motion carried and ordered unanimously. (See page _____for Bill of Sale.)

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: DEVELOPMENT OF KELLY PARK WEST AND STOSBERG PARK

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant permission to bid development of Kelly Park West and Stosberg Park; authorize award of bid to low responsible bidder; and authorize Chairman to execute the Contract with the successful bidder. Motion carried and ordered unanimously. (See pages _____for Bids, Recommendation and Contract.)

APPROVAL OF SPECIAL SPORTS GRANT AND AGREEMENT WITH PALM BAY BOXING CLUB, RE: BID FOR 1996 POLICE ATHLETIC LEAGUE BOXING CHAMPIONSHIPS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve special sports grant of $1,500 to Palm Bay Boxing Club as recommended by the TDC, to bid for the 1996 Police Athletic League Boxing Championships; and authorize Agreement including terms of reimbursement. Motion carried and ordered unanimously. (See page _____for Agreement.)

APPROVAL OF SPECIAL SPORTS GRANT AND AGREEMENT WITH THE BUCHANAN COMPANY, INC. d/b/a SPACE COAST SPORTS PROMOTIONS, RE: BID FOR 1997 NATIONAL AMATEUR ATHLETIC UNION BASEBALL CHAMPIONSHIP EVENT

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve special sports grant of $4,000 to The Buchanan Company, Inc., d/b/a Space Coast Sports Promotions, to bid for the 1997 National Amateur Athletic Union Baseball Championship event; and authorize Agreement, including terms of reimbursement. Motion carried and ordered unanimously. (See page _____for Agreement.)

REMOVAL FROM INVENTORY, RE: MISSING TANGIBLE PERSONAL PROPERTY

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve removal of Chair PR #B084-0489, Metal Saw PR #H502-0323, Sears Air Conditioner PR #J602-0166, and Power-Aire Air Conditioner PR #J602-0298, from the Water Resources Department inventory, as the items could not be located. Motion carried and ordered unanimously.

ACKNOWLEDGE CHANGE IN TOWN OF PALM SHORES REPRESENTATIVE, RE: MANATEE PROTECTION PLAN MANAGEMENT AD-HOC COMMITTEE

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to acknowledge change in the Town of Palm Shores representative on the Manatee Protection Plan Management Ad-hoc Committee from Marvin Waterman to William Blucker, c/o Town of Palm Shores, 151 Palm Circle, Palm Shores 32940. Motion carried and ordered unanimously.

ADDENDUM NO. 1 TO AGREEMENT WITH ALAN H. LANDMAN, RE: LEGAL REPRESENTATION OF INDIGENT PERSONS IN CONFLICT CAPITAL CRIMINAL PROCEEDINGS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Addendum No. 1 to Agreement dated September 26, 1995 with Alan H. Landman, for legal representation of indigent persons in conflict capital criminal proceedings. Motion carried and ordered unanimously. (See page _____for Addendum No. 1.)

BUDGET CHANGE REQUESTS, RE: SHERIFF'S CONTRACTED SERVICES WITH CITY OF CAPE CANAVERAL AND CANAVERAL PORT AUTHORITY

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Budget Change Requests granting tentative approval of budget supplements for the Sheriff's contracted services with City of Cape Canaveral and Canaveral Port Authority. Motion carried and ordered unanimously. (See pages _____for Budget Change Requests.)

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

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to ratify Labor Agreement with International Association of Fire Fighters, Local 2969 pursuant to 447.403, Florida Statutes. (See page _____for Agreement.)

REJECT BIDS, AUTHORIZE RE-BID, AWARD OF BID, AND EXECUTION OF CONTRACT, RE: BID #B-2-5-100, THERMAL ENERGY STORAGE SYSTEM AT HISTORIC TITUSVILLE COURTHOUSE

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to reject all bids for Bid #B-2-5-100, Thermal Energy Storage System at Historic Titusville Courthouse; authorize re-bid and award of bid to the low responsible bidder; and authorize the Chairman to execute the Contract with the successful bidder. Motion carried and ordered unanimously. (See pages _____for Bids, Recommendation and Contract.)

PERMISSION TO BID AND AWARD BID, RE: ROOF REPLACEMENT AT SOUTH BREVARD SERVICE COMPLEX, BUILDING B

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant permission to bid and award bid to the lowest responsible bidder for roof replacement at South Brevard Service Complex, Building B. Motion carried and ordered unanimously. (See pages _____for Bids and Recommendation.)

CHANGE ORDER NO. 5 TO AGREEMENT WITH PAVCO CONSTRUCTION, INC., RE: NORTH BREVARD PUBLIC LIBRARY

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Change Order No. 5 to Agreement with PAVCO Construction, Inc. for construction of North Brevard Public Library, increasing contract price by $22,739.15 for fire-rated insulation, thick asphalt pavement wearing course, and hollow metal window and door frames. Motion carried and ordered unanimously. (See page _____for Change Order No. 5.)

RESOLUTION AND WATER LINE EASEMENT TO CITY OF TITUSVILLE, RE: WATER LINES AT NORTH BREVARD PUBLIC LIBRARY

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution and execute Easement granting to the City of Titusville water lines at North Brevard Public Library. Motion carried and ordered unanimously. (See pages _____for Resolution No. 95-309 and Easement.)

REMOVAL FROM INVENTORY AND AUTHORIZE SALE AND AWARD OF SALES, RE: TANGIBLE PERSONAL PROPERTY

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve removal of tangible personal property declared not repairable, incompatible, or of little value to the County from the Inventory; and authorize Central Services Supervisor to advertise sale and award sales to the highest bid acceptable determined by the Supervisor and all items not receiving bids be surplused in accordance with County Procedures. Motion carried and ordered unanimously. (See page _____for List of Items.)

AGREEMENT TO EXTEND EXISTING CONTRACT WITH SUN PAGING COMMUNICATIONS, INC., RE: PAGER SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Agreement to Extend Existing Contract with Sun Paging Communications, Inc. for pager services. Motion carried and ordered unanimously. (See page _____for Agreement.)

APPROVAL OF PURCHASE, RE: MEMOREX TELEX NETWORK SERVER

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve purchase of Memorex Telex Network Server which exceeds $75,000 limit for approval by the County Manager. Motion carried and ordered unanimously.

AUTHORIZE SETTLEMENT AND PAYMENT, RE: OUTSTANDING TAX CERTIFICATES IN PORT ST. JOHN WATER MSBU FORECLOSURE CASES

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize payment of tax certificates on parcels foreclosed for failure to pay the special assessment lien, and authorize settlement and payment of all outstanding tax certificates in the Port St. John Water Municipal Service Benefit Unit (MSBU) foreclosure cases. Motion carried and ordered unanimously.

APPROVAL OF ADDITIONAL PAYMENT TO TAX CERTIFICATE HOLDERS, RE: GEORGE BATCHELOR'S CONVEYANCE OF REAL PROPERTY TO BREVARD COUNTY

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve additional payment to tax certificate holders Younkins and SouthTrust Estate & Trust Company for George Batchelor's conveyance of real property to Brevard County in order to resolve tax issues. Motion carried and ordered unanimously.

EXECUTIVE SESSION, RE: BRADLEY-BENN, CESARIO, AND SHEAR LITIGATION

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize meeting in executive session at 1:00 p.m. to discuss litigation matters of Bradley-Benn v. Brevard County, Cesario v. Brevard County, et al, and Shear v. Brevard County. Motion carried and ordered unanimously.

APPROVAL OF NEW FEE SCHEDULE, RE: BOND COUNSEL HOLLAND & KNIGHT LAW FIRM

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve the new fee schedule for bond counsel Holland & Knight law firm. Motion carried and ordered unanimously.

AUTHORIZE AMENDED OFFER OF JUDGMENT, RE: DAIRY ROAD WIDENING PROJECT PARSONS PARCELS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize the County Attorney to send an amended Offer of Judgment regarding Dairy Road Widening Project for the Parsons Parcels 141, 845, 145, 657, 147 and 658. Motion carried and ordered unanimously.

ACCEPT MOTION AND STIPULATED FINAL JUDGMENT, RE: DAIRY ROAD PLANT FARM, INC. ET AL/DAIRY ROAD WIDENING PROJECT/XI DELTA ALUMNI ASSOCIATION OF CHI PHI, INC. PAYMENT OF FEES AND COSTS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to accept Motion and Stipulated Final Judgment as to attorney's fees and costs for Parcel 811, Xi Delta Alumni Association of Chi Phi, Inc. regarding Dairy Road Widening Project/Dairy Road Plant Farm, Inc. et al. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: INTERNAL AUDIT FOLLOW-UP ON OFFICE OF TOURISM DEVELOPMENT

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to acknowledge receipt of the Internal Audit follow-up on the Office of Tourism Development. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: INTERNAL AUDIT FOLLOW-UP ON COMMUNITY ANTENNA TELEVISION (CATV)

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to acknowledge receipt of Internal Audit follow-up on CATV. Motion carried and ordered unanimously.

APPROVAL OF DONATION, RE: SHERIFF'S DEPARTMENT MOTOR HOME TO CITY OF PALM BAY

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve donation of the Sheriff's Department Unit No. 131 1977 Coachman Regency motor home to the City of Palm Bay. Motion carried and ordered unanimously.

AGREEMENTS WITH DAN CITAK, JOCELYN LOWTHER, AND JOSEPH R. MOSS, RE: TRAFFIC HEARING OFFICERS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Agreements with Dan Citak, Jocelyn Lowther, and Joseph R. Moss for traffic hearing officer services. Motion carried and ordered unanimously. (See pages _____for Agreements.)

REMOVAL FROM INVENTORY, RE: TANGIBLE PERSONAL PROPERTY REPORTED STOLEN OR UNACCOUNTED FOR

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve removal of credenza PR#B090-3390, credenza PR#B090-0179, chair PR#B084-1346, and recorder PR#A013-0083, missing from Court Administration Department, from the County's inventory. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING DRUNK AND DRUGGED DRIVING PREVENTION MONTH

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution proclaiming December, 1995, as Drunk and Drugged Driving Prevention Month in Brevard County. Motion carried and ordered unanimously. (See page _____for Resolution No. 95-310.)

ACKNOWLEDGE RECEIPT OF RESOLUTION FROM CITY OF CAPE CANAVERAL, RE: TDC FUNDS FOR BEACH RENOURISHMENT PROJECTS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to acknowledge receipt of Resolution No. 95-48 from the City of Cape Canaveral, requesting TDC funds be set aside for Beach Renourishment projects. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF RESOLUTION FROM LEE COUNTY, RE: SUPPORTING PARTIAL YEAR ASSESSMENTS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to acknowledge receipt of Resolution from Lee County supporting partial year assessments. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

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

Rotary Park at Suntree Community Committee

Brian Murtha, 1329 Bonaventure Drive, Melbourne 32940, replacing Paul Lally with term expiring April 23, 1996.

Environmental Citizen Resource Group (Academia)

Susan Carlson, 3422 Kent Drive, Melbourne 32940, with term expiring July 25, 1996.

Merritt Island Redevelopment Agency

Joe Popeck, 205 Cadiz Court, Merritt Island 32953, replacing Robert Chope with term expiring November 16, 1999.

Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE FREEZING COMMISSIONERS' SALARIES

Chairman Higgs called for the public hearing to consider an ordinance freezing Commissioners' salaries at the current level until January 1, 1997.

There being no comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Ordinance establishing County Commission salaries; requiring periodic review and approval of Commission salaries in the manner required by the Brevard County Charter; providing for severability; providing for an effective date. Motion carried and ordered unanimously. (See page _____for Ordinance No. 95-53.)

APPROVAL OF RFP PACKAGE AND APPOINTMENT OF SELECTION COMMITTEE, RE: INDUSTRIAL PROPERTY BROKER FOR SPACEPORT COMMERCE PARK

Commissioner Scarborough advised he thought it was the Board's desire to sell the entire park; and if that is the intention, then it should have someone market it nationally and internationally. He stated statewide may be significant, but it needs to be beyond a statewide process. He stated putting ads in Florida TODAY and Orlando Sentinel will not locate someone of that caliber; and it may require direct contact with people involved in doing that type of marketing. He stated the Wall Street Journal and International Herald Tribune would be more appropriate if the Board is going to advertise in newspapers.

Commissioner Ellis recommended looking at the feasibility of absolute auction for the whole park. Commissioner O'Brien stated the problem with that is like the building on Merritt Island which had the highest offer of $6,000 and is worth a lot more. Commissioner Ellis stated that was not done as absolute auction; with Commissioner O'Brien responding the highest bid was $6,000 and the Animal Shelter had the same problem because people think government is a sucker. Commissioner Ellis stated there are firms that will come in and do absolute auctions; and their percentage is based on getting buyers. He stated a lot of lots at the Savannahs and Carriage Gate were done that way; and the Board needs to look at setting the whole park out for real auction, not government auction, if it is serious about getting ride of it. Commissioner O'Brien stated he has basic fears that every time this government tries to sell property it has taken a hefty beating; it is taking a hefty beating every year on this park; to continue paying those losses is the flip side of that coin; so the Board may need to find out. Commissioner Ellis stated Commissioner Scarborough is going to table it for more information.

Commissioner Scarborough stated what he suggested is not that complex; he could make a motion and be done with it; but if the Board wants to look at absolute auction, he would like to receive more information on that before proceeding. He stated if it lists the park, it will not go the absolute auction route; so a motion to table is appropriate to get information back on absolute auction.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to table the RFP package and appointment of a selection committee for the industrial property broker to market the Spaceport Commerce Park until the next meeting for more information on absolute auction and more broad-based advertising. Motion carried and ordered unanimously.

DISCUSSION, RE: DEPARTMENT OF ENVIRONMENTAL PROTECTION LETTER ON HIGH WATER LINE ALONG THE ST. JOHNS RIVER ORDINANCE

Chairman Higgs advised she understood Mr. Wright was to be here today, but he is not; and indicated he felt the Board should table the letter the Board received until 1996 when the Governor and Cabinet meets on it.

Commissioner Cook stated he has no objection to that; but he would like to see what participation the County could get with the St. Johns, perhaps the applicant, and others to pay for the cost of the survey; so he will put it back on the agenda at an appropriate time, or staff can come back with it.

The Board took no action on the letter from Florida Department of Environmental Protection on high water line along the St. Johns River ordinance at this time.

APPROVAL OF REHABILITATION POLICIES AND PROCEDURES, AND PERMISSION TO BID, RE: HOUSING REHABILITATION PROGRAM

Assistant County Manager Joan Madden advised the requests are to approve changes in the Rehabilitation Policies and Procedures, and permission to bid 25 rehabilitation units; it is the overall program for CDBG, HOME and SHIP dollars for this year; and Ms. Jackson can answer any specific questions the Board may have.

Commissioner Ellis stated he is concerned with the money that is given over the 80% median income level because those are high incomes for Brevard County.

Commissioner O'Brien inquired if it is 80% of $47,000; with Housing and Human Services Director Bernice Jackson responding the median income for Brevard County as stated by HUD is $41,000. Commissioner O'Brien stated 80% of $41,000 is about $33,000; with Ms. Jackson responding yes, but the numbers are based on household sizes. Elizabeth Swanke advised the median income for a one-person household is $22,950. Commissioner O'Brien inquired if they make $22,950 or less are they eligible for the program; with Ms. Swanke responding yes, up to $10,000 in repairs as a deferred loan; and they do not have to repay the loan as long as they reside in the house for the required length of time. She stated they would pay the loan back upon moving out of the house or if they sell the house. Commissioner Cook advised the loan is forgiven after five years, and they can sell the home or do anything then without paying it back.

Commissioner Ellis stated the income levels are too high and the grant level is too high in the second phase; with 400,000 people in the County, there should be about 140, 000 households; and they are only doing 25 homes. He stated it would make more sense to take the homeowner repair assistance program and lower the threshold for median income and lower the amount of repairs. Chairman Higgs inquired if the Board can do that; with Ms. Jackson responding yes. Commissioner O'Brien inquired what would be wrong in doing that; with Commissioner Ellis responding it is not right or wrong, but different people would be getting assistance. Commissioner O'Brien stated 80% of median income for six people is $38,000; the program is to caulk and seal the house for the winter or hold the air conditioning during the summer and lower their cost to live in their house; and the 25 houses are owned by people who have incomes lower than the standard because they are the ones who need the help the most. Ms. Madden advised it is a first come/first serve program. Commissioner Ellis recommended 50% and $5,000.

Chairman Higgs advised the item before the Board is to combine the policies of the two programs so they can interact and bring people under the umbrella they appropriately go under. Ms. Madden advised there are three programs because SHIP is also included.

Discussion ensued on the levels of median income, levels of grant funds, amending the policy, consortium with cities, notifying the cities, and policies and procedures of the cities.

Bea Polk, 101 River Park Boulevard, Titusville, advised the last time she spoke on this issue, it was not that the Board not give the people help, but what they are putting in one house could fix three houses. She stated if they cannot afford things, carpet could be eliminated; beautiful fans and other things that are going in the houses are a disgrace to the taxpayers; and if they are low income they can leave off the goodies and help more than one person. She stated it is a federal project and the Board cannot do anything about it; but they should have different ways to do the houses and the way they choose the people, because there are a lot more people out there who need it and are not getting it. She stated she cannot understands how they choose the ones they do; and if the County would take the money and use it wiser they could fix four houses instead of two houses.

Commissioner Cook stated if the Board lowered it to 50% of median income, it would have more funds to help more people.

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to approve the Homeowner Repair Assistance Program threshold at 50% median income and $5,000 maximum grant.

Commissioner Ellis recommended Ms. Jackson meet with the cities and come back with their comments. Chairman Higgs inquired if the motion is to put It on the table today as a change and come back; with Commissioner Ellis responding to continue to the next meeting to go to the cities and let them know what the Board is doing. Commissioner Cook stated it has no impact on the cities because they adopt their own policies; but he does not have a problem bringing it back. Chairman Higgs stated if the motion is amended in that way then staff has the opportunity to go to the cities and come back with feedback on the changes, and the Board can look at the whole thing again. She inquired if two weeks would be sufficient; and suggested staff tell the Board what the consequences would be to the program by the $5,000 and 50% change so the Board understands the effects of what it is doing.

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

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to continue the item to December 12, 1995; and direct staff to notify the cities of what the Board is doing, and advise the Board of the implications the changes may have on the programs.

Commissioner Cook inquired if staff is concerned about the impact on the consortium; with Ms. Madden responding it is not a major concern, but it is a fair thing to do. Commissioner O'Brien stated the Board made a motion telling staff what it wants done and to notify the cities, so they do not have to come back to the Board. Chairman Higgs advised the cities have concerns the Board is amending things it is partners with them on; and to wait two or three weeks to give them an indication of what the Board is doing is a fair thing to do.

Commissioner O'Brien advised staff can notify the cities of the Board's action and that it will not be effective for 60 days, so that the cities will have 60 days to come to the Board if they have problems with the 50% and $5,000 limits. He stated the Board could amend the motion if there is some legal reason to do so, otherwise it should not come back to the Board to talk about it again. He stated most of the actions the Board takes are done two or three times and not just once; and he cannot see a reason to bring this issue back. Chairman Higgs stated the motion is to continue the item to be up front with the cities who are partners in the consortium; and to pass it and not bring it back is saying the Board has done it and is going to let the cities know about it as opposed to the Board is thinking about doing it and wants to let the cities know. Commissioner O'Brien stated the motion could direct staff to notify the cities that what the Board wants to do will not be effective for 60 days, and if the cities object, authorize staff to bring back the cities' reasons to the Board for reconsideration of the motion.

Motion by Commissioner O'Brien, to establish 50% of median income and $5,000 maximum grant for the Housing Rehabilitation Programs; notify all cities in the consortium that is what the Board is doing; take no action on the 50%/$5,000 policy for a period of 60 days; and the only reason the item will come back to the Board is if the cities complain or staff finds a legal problem, otherwise it will all take effect in 60 days.

Ms. Madden advised it is going to grind the programs to a halt for 60 days which will be mid-January; and staff would be comfortable with 30 days.

Commissioner O'Brien amended the motion to 30 days instead of 60 days.

Commissioner Cook inquired if it is possible to bring it back in three weeks to the next meeting and notify the cities prior to that meeting. He stated it should have no impact on the cities' programs, so the Board could bring it back Tuesday night; and inquired if the Commissioners would support bringing it back Tuesday night. Commissioner O'Brien stated the motion is to not bring it back at all unless there is good reason.

Chairman Higgs called for a second to the motion as amended. Motion died for lack of a second.

Commissioner Scarborough advised the Board can create a policy and advise the cities as a matter of courtesy; it is not like it is creating something that is going to affect the cities; so he does not know why the Board has to go into a hiatus and not process the applications. He stated he does not expect any complications with the cities; he is happy with where the Board stands; it changed the policy which is effective at this time; that is what he voted on; and if not, he wants to bring it up for reconsideration.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to reconsider the motion to continue the item to December 12, 1995. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to rescind the motion to continue the item to December 12, 1995. Motion carried and ordered; Commissioners Ellis and Higgs voted nay.

Chairman Higgs advised the continuation has been voted down, so the amendment stands. Commissioner Ellis stated the Board needs to vote on the entire policy. Ms. Madden advised there will be a small glitch between $5,000 and $10,000; if they have a rehabilitation or repair project that needs to be done between those amounts, there is no capability for staff to proceed; and requested adding to the policy that those projects which fall in that range can come back to the Board on a case-by-case basis for approval to give staff some flexibility.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize staff to come back to the Board for approval on a case-by-case basis, for those Housing Rehabilitation and Homeowner Repair Assistance projects that fall between $5,000 and $10,000.

Chairman Higgs inquired if they will still only serve those people who are at the 50% of median income; with Ms. Madden responding yes.

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

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt the Owner Occupied Housing Rehabilitation and Homeowner Repair Assistance Programs Policy and Procedure as amended; approve implementation of the Programs; authorize the Chairman to execute agreements with 25 homeowners for the Housing Rehabilitation Program; and authorize Housing and Human Services Department Director to execute agreements with the homeowners for the Homeowner Repair Assistance Program. Motion carried and ordered unanimously. (See pages _____for Policy and Procedure.)

APPROVAL OF LEASE, RE: GOLF CARTS FOR COUNTY GOLF COURSES

Parks and Recreation Director Charles Nelson advised they have been working with the problem of the aging golf cart fleet because numerous carts are over four years old; and they have a lease arrangement that will provide new golf carts and pay off the existing debt on the existing carts. He stated the debt is $335,000; the annual amount of the lease for this year would be $216,000 which is almost $120,000 less than what they would be currently paying; it is a mechanism to reduce the annual cost for the next two years; and the following year the cost will drop to slightly over $100,000 if the Board wants to continue the lease. He stated it provides a fleet of golf carts, pays off the existing debt, and gives the County the ability to move forward.

Chairman Higgs inquired if it is a 24-month lease; with Mr. Nelson responding yes, and the guarantee on it is the golf cart revenues and greens fees. Commissioner Cook inquired if those fees are sufficient to cover the lease payment; with Mr. Nelson responding they anticipate it will be, and it is better than what they are faced with at $335,000.

Commissioner Ellis inquired if essentially they are selling the old carts for $335,000 and retiring the debt; with Mr. Nelson responding yes. Commissioner Ellis inquired if it is a good estimate of what they are worth; with Mr. Nelson responding yes, they have a market for rebuilt golf carts; and the County could not get that amount if it sold the carts at auction. He stated staff received a standard Lease Agreement from the company; and it is being modified by the County Attorney to insure it complies with Board policy and State law. He recommended the Board approve it contingent upon the final review by the County Attorney as to form.

Commissioner O'Brien advised he and Mr. Jenkins took a trip around Savannahs and had to get a four-wheel drive golf cart to get through some of it; yesterday he sent Mr. Nelson a message that Mr. Minneboo is picking up a lot of dirt in the ditches and piling it up about one-third of a mile from Hole 11 at the Savannahs; and he may want to coordinate with Mr. Minneboo to pile the dirt on Fairway 11 to get it above the level of the river.

Chairman Higgs advised in 1991 it was indicated the County would get six or seven years on the carts; the carts are four to five years old now; and inquired if they are having maintenance problems; with Mr. Nelson responding that was very optimistic; if the County had golf courses that had a mandatory cart path only policy, it could probably achieve that; however, the carts drive over the fairways, depressions, and rough conditions because the County does not have full cart paths throughout the courses. Chairman Higgs inquired if the Board does not approve the lease, what will happen; with Mr. Nelson responding it would continue making payments on the existing debt and the fleet will continue to deteriorate to where the carts would not be repairable or too expensive to repair; so it would be a downward spiral which will ultimately hurt the revenue stream. He stated they do not always need 72 carts at Savannahs at one time except on weekends; and if they do not have them, it will hurt revenues; and right now they are unable to put out 72 carts on the weekends.

Commissioner Cook inquired who will maintain the carts that are leased; with Mr. Nelson responding the County will maintain them, but they have more significant warranties, particularly on batteries which is a big ticket item. He stated the batteries are covered for four or five years; the drive trane is covered for one year; and other parts are covered for five years; so they are significantly better warranty aspects, but the County will still have a cart mechanic who will be responsible for the maintenance. Commissioner Cook inquired if it is renewed on a year-to-year basis; with Mr. Nelson responding it is for 24 months, and after that the Board can do what other options it wants to.

Commissioner Scarborough inquired if there is a way to lease carts that have maintenance included; with Mr. Nelson responding they did research on that and it would exceed what they are currently paying for maintenance; however, it may be an option at a later date, but they cannot afford it at this time. Commissioner Scarborough inquired how much more; with Mr. Nelson responding approximately $40,000 range a year based on a variety of issues. He stated they would have to do additional research to nail those numbers down and come back with that as an option; however, that would not be tied into the Lease Agreement because the company that provides the carts is not necessarily the company that does the maintenance.

Commissioner Ellis inquired if at the end of two years the lease payment will be $115,000 and result in more savings; with Mr. Nelson responding the issue that is driving staff is the existing debt; once they are out of that, it will even out and they will be able to manage the courses on a year-by-year basis which is where they should be.

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to approve trade in of 212 used golf carts and lease of 212 new golf carts from Club Car, Inc. for the Savannahs, Spessard Holland, and Habitat Golf Courses; and authorize the Chairman to execute the Lease with Club Car, Inc. after review by the County Attorney. Motion carried and ordered unanimously. (See page _____for Lease Agreement.)

DIRECTION, RE: REPEAL OF SPECIAL ACT 71-544, RECREATION DISTRICT 4

Parks and Recreation Director Charles Nelson advised he and his staff have attended meetings with the Cities of Cocoa and Rockledge and their City Councils and Advisory Boards to discuss the Recreation Special Taxing District 4; and they presented a variety of options. He stated last year's legislative package included repeal of the Special District and replacement with an MSTU; and that was the basis of the discussion. He noted what is driving the issue this year is that the Off Road Vehicle Park is going to be constructed on the south boundary of the District 1 Recreation MSTU and on the north boundary of District 4 Special District which means those people who live south of Canaveral Groves Boulevard would realistically go across the street and use a facility that is much closer than to drive down to Cocoa to use facilities that are available. Mr. Nelson advised they have gone through the process of options that range from do nothing all the way up to the repeal and the MSTU; the City of Cocoa has chosen to take the approach that it would consider and approve the repeal and creation of the MSTU; the City of Rockledge has not chosen one of those options yet and wanted further clarification on the part of the County as to what the Board's choice is; at the CIP meeting there was discussion about the issue and one comment he recalls is the Board may want to consider amending the boundary to free up the area south of Canaveral Groves Boulevard. He stated to bring the issue to closure and prepare it for the legislative package; and staff needs further clarification, now that the Board has received comments from its constituents and City Councils, as to what direction it wants staff to take and what final form it would like. He indicated the Cities in general are receptive to some changes and are looking to the County for more direction as to what the Board's choice may be.

Joseph Stadnik, President of Canaveral Groves Homeowners Association, advised the District 4 Special Taxing District was created in the 1960's or 1987; Canaveral Groves Homeowners Association would like to have the tax repealed; there is no reason for any unincorporated area to support that tax; and the local bill says, "funds available to the Recreation District are insufficient to maintain the various improvements and to provide necessary operating funds"; in other words, get more money either by taxation or putting more people under that tax. He stated taxes were not raised sufficiently for the incorporated Cities of Cocoa and Rockledge to have sufficient funds for their parks; therefore, the Special District was created to take in the unincorporated areas like Canaveral Groves, North Cocoa, West Cocoa, and any other areas which were not incorporated in the taxing district. He stated most of the funds within the boundary of the District will go to the Cities of Cocoa and Rockledge because they are the majority on the board; the board consists of three people, the City Manager of Cocoa, City Manager of Rockledge, and County Manager; there are 25 parks within the boundary of the District, and six are outside the cities' limits; so the funds for the parks, because of management control, is generally for the two Cities. Mr. Stadnik stated it is not acceptable to other people, including those in Canaveral Groves and any unincorporated area; the Board mentioned changing the boundaries and taking Canaveral Groves out of the District; however, that is unacceptable to most people who have little intelligence because the people in the unincorporated areas will be facing the same problem later in life. He stated the Board has no control within the District other than to change its name; the State has the authority to change the boundaries, the County cannot; there are four park districts within the County, three are under the Board's control and the fourth is not; and it should be under the Board because the buck stops there and not in Tallahassee. Mr. Stadnik stated the people of Brevard County appreciate being able to come to the Board with their grievances; they can talk to the Board once or twice a month and to Tallahassee only once a year; so they would appreciate the Board removing Canaveral Groves and all the other unincorporated areas from the Special Taxing District and letting the tax for Cocoa and Rockledge be collected in the cities for the parks in their areas, and outside the District should be taxed and the funds come to the County for that area.

Commissioner Cook advised he is aware of the problem with Canaveral Groves; he has corresponded with the Cities on more than one occasion that if they would like to institute their own recreation departments that would be fine; and the Board could ask to repeal the entire District; however, they have not indicated that as their desire. He stated the best way to go at this time is amend the boundaries; that will solve the problem in Canaveral Groves; and it will meet the needs of the people in the Recreation District.

Commissioner Scarborough stated it will solve the problem; and inquired if it would be acceptable to send both options to the Legislative Delegation, asking them to look at abolishment or change of the boundary lines; with Commissioner Cook responding he does not like the idea of switching to an MSTU and changing the boundary will solve the problem and keep the District in tact. Commissioner Scarborough inquired what does Commissioner O'Brien think because it affects his District as well; with Commissioner O'Brien responding he concurs with Commissioner Cook; and to reduce the boundaries to the two cities is fair and equitable to the cities and more than fair to the unincorporated areas that do not receive benefit. Commissioner Cook advised there will still be some unincorporated area in the District; however, they go to city parks so it is not like they do not benefit.

Chairman Higgs inquired if the Board is willing to support a boundary amendment that would remove Canaveral Groves; with Commissioner Cook responding yes because there are no parks in Canaveral Groves.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to direct staff to request the Legislature amend the boundary of the District 4 Recreation Special Taxing District to eliminate the Canaveral Groves area.

Chairman Higgs stated the City of Cocoa said it was not acceptable to the City; with Commissioner Cook responding the City prefers to do something else, but it is looking for direction from the Board; and Rockledge would rather do nothing, but there is a problem with Canaveral Groves. Commissioner Scarborough stated it would be easier to abolish the District and meet with all the players to do it locally; however, it is not a major issue, but an equity issue with a lot of people in District 1, and the proposed change will make them happy.

Commissioner Cook stated MSTU's are too easy to change. Commissioner Ellis stated the only thing that would be easy to change in an MSTU is the boundary; with Commissioner Cook responding that is his concern; Rockledge suggested expanding further south to take in Viera East; and he cannot support that. He stated the proposed change will decrease revenue of the Special Taxing District, but it is a matter of equity because the people in Canaveral Groves, although some of them come to Cocoa and use the parks, will probably be going the other way.

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

Parks and Recreation Director Charles Nelson inquired if SR 528 will be used as the dividing line; with Commissioner Cook responding that is acceptable.

Commissioner Scarborough inquired when will the presentation be made to the Legislative Delegation; with Commissioner Ellis responding the meetings are scheduled for November 30 in Titusville, December 14 in Rockledge, and January 16 in Melbourne. County Manager Tom Jenkins advised the County is scheduled on December 14, 1995 to make its presentation. Commissioner Scarborough stated the new Chairman needs to make the presentation.

The meeting recessed at 10:06 a.m. and reconvened at 10:20 a.m.

DIRECTION, RE: NON-BARGAINING UNIT SALARY INCREASES

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to approve Option 4, adding up to 44 cents per hour, effective December 2, 1995, for implementation of merit increases for non-bargaining unit salary increases.

Commissioner Cook inquired if that will cap the maximum at $915 for any employee; with County Manager Tom Jenkins responding yes.

Commissioner Ellis advised his preference is Option 2, up to $600 lump sum December 2, 1995, and add up to 44 cents to base beginning FY 1996-97, because the Board told people it was going to do a lump sum; and his concern is some people are anticipating a lump sum. He stated the overall fiscal impact on Options 2 and 4 is the same; and he prefers Option 2.

Commissioner Scarborough asked Human Resources Director Frank Abbate to explain Option 2, Option 4, and the memo he sent him yesterday, and compare the last two paragraphs of the memo and Options 2 and 4.

Human Resources Director Frank Abbate advised the fourth paragraph of the memo says the projected general fund fiscal impact of providing each non-bargaining unit employee with the same increase received by the bargaining unit employees in FY 1995-96 would be approximately $54,029; that is a difference of Option 2 by about $3,000 overall; and that insignificant impact deals with the issue of rounding; and when it gets to 29 cents per hour as opposed to a lump sum of $600, it ends up to be $603.00 per person. He stated the General Fund impact in FY 1996-97 would be approximately $688,000 which equates to $915.20 per employee; that is the same under Options 2 and 4; and it is the same $915 for the bargaining unit increases.

Commissioner Scarborough inquired if the impact is the same for Options 2, 4 and the last paragraph of the memo; with Mr. Abbate responding yes. County Manager Tom Jenkins advised the only difference between Options 2 and 4 is whether they get 44 cents an hour this year and next year or give them $600 lump sum this year and 44 cents an hour next year. Commissioner Scarborough inquired if the questions are how to distribute the $600 this year and whether the impact next year will be $600 or $915 per employee; with Mr. Jenkins responding Options 2 and 4 have the same annual impact next year. Commissioner Scarborough inquired if the bargaining unit on the matrix is actually paragraph 4 of the memo; with Mr. Abbate responding yes. Commissioner Scarborough inquired what is the difference in the fiscal impact of the bargaining unit and Options 2 and 4; with Mr. Abbate responding under the bargaining unit, they are all receiving 2% plus 22 cents per hour; under Options 2 and 4, the fiscal impact to the County is anticipated at $451,000, but it will be something less than that because it will be based on merit. Commissioner Scarborough stated paragraph 4 has $454,000 which is $3,000 more; with Mr. Abbate responding if everyone received 2% and 22 cents, it would be the same, but they do not anticipate that happening. Commissioner Scarborough stated since it is not that much difference and for consistency, he would prefer to go with the bargaining unit formula rather than Options 2 or 4.

Commissioner Cook advised Option 4 is very close, it has been moved to December; the Board is not guaranteeing someone a certain amount like the bargaining unit is; and that is his intention. He stated Option 4 is based on performance; and that should be kept as part of the mix and not be an outright grant. Mr. Jenkins stated this is the last year of the bargaining unit agreement, and they would have a new one in subsequent years. Commissioner Cook stated by moving it to December, it goes a long way to reach parity with what the bargaining unit has, but it keeps the evaluation process in the mix.

Commissioner Scarborough stated if someone is an outstanding non-bargaining unit employee he or she can maybe get as much as a bargaining unit employee; but if he or she is an average or less than average bargaining unit employee it does not matter; and that may be sending the wrong signal. Commissioner Cook stated the Board can address that when the bargaining unit agreement is up next year; but Option 4 gives an impact up to $915 per employee, and at one time the Board started out with $600. Commissioner Scarborough stated Options 2, 4 and the bargaining unit all have the same final impact of $915; all he is saying is whether the Board is putting non-bargaining unit employees on the same par as bargaining unit employees; and he would prefer to cut the same deal for all employees. Commissioner Cook stated he likes the performance based criteria; it was originally $600 and not added to the base; Commissioner Scarborough brought it up saying it should be added to the base and that was a good point; and he concurred with that and moving it to December and with the maximum impact of $915; and although it may not be that much money difference, the performance evaluation is in. Commissioner Scarborough stated if the Board takes the bargaining unit as par, an exceptional non-bargaining unit employee may come up to par, but will not exceed par; and somehow what the Board thinks of as merit and what it is achieving is basically demerits if the employee is not a superman.

Commissioner O'Brien stated he agrees with Commissioner Cook on Option 4; the lump sum payment means an employee can leave immediately with a $600 prize and other employees who continue employment do not have the same equitable share in their future; so he does not like the concept of a lump sum figure. He noted the 44 cents per hour is an incentive to stay on the job.

Commissioner Scarborough advised the bargaining unit has 2% plus 22 cents. Chairman Higgs advised the distinction between the two is very little dollars and cents, but the issue is performance criteria.

Commissioner Ellis stated he felt the Board was obligated to the lump sum payment because it talked about it since July, 1995. Commissioner O'Brien stated the Board can talk about it but it does not mean it has to do it. Commissioner Ellis stated he felt the Board was obligated to follow through. Commissioner O'Brien stated the Board was willing to discuss it and it did, but it did not promise it.

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

APPROVAL OF POLICY BCC-64, RE: COUNTY COMMISSIONERS TRANSITION

Commissioner O'Brien advised when he brought this subject up, he wanted some type of transition policy that would allow a transition team into the office of the outgoing commissioner two weeks prior to taking office to review the operation, obtain phone numbers, who people are, etc.; and it may be difficult for someone who lost a re-election bid to have the new commissioner walk in two weeks before he or she is out of office, but the public is the winner on this one.

Commissioner Scarborough stated paragraph 2.c. should be further explain on how it should be set forth. Chairman Higgs indicated the County Manager or his designee could be responsible to help with the transition if there is a problem with the incoming commissioner and outgoing commissioner. County Manager Tom Jenkins advised the Board can adopt a policy, but if an individual commissioner chooses not to follow it, he is not sure what the Board can do.

Commissioner Cook stated that is what happened in his case; Ms. Madden sent a memo to his predecessor outlining what was required by law regarding documents, etc. that should be maintained, and none of that was done. He stated if someone chooses not to follow the policy, he does not know what the Board can do, but having a policy may help in the implementation. Commissioner O'Brien stated the transition team would know that files and programs are there and if things start going wrong, they could file a complaint with the County Manager or Board to slow down the damaging process. Commissioner Scarborough stated the information belongs to the public and if someone wipes computers clean they are stealing from the public; and that should be a crime. He stated perhaps the County Attorney needs to prepare an ordinance to create a misdemeanor to prosecute a commissioner who does that because it is destruction of public property. He stated if that is happening, it can be taken to the State Attorney's Office.

Motion by Commissioner O'Brien, to approve Directive E that the outgoing commissioner will allow up to a maximum of two people to enter his or her office and have access to the files in a transitional mode. Motion died for lack of a second.

Commissioner Cook stated he does not have a problem passing the policy and looking at an ordinance to address some concerns that were brought out. Commissioner O'Brien stated the incoming commissioner should be allowed a transitional team to enter one week prior to being sworn in. Commissioner Cook stated it should be at reasonable times.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve Policy BCC-64 providing for transition of office between outgoing and incoming County commissioners, amended to allow the incoming commissioner to have access to the office and files at reasonable times; and direct the County Attorney to look into an ordinance providing for a transition procedure including penalties for failure to comply. Motion carried and ordered unanimously. (See page for Policy BCC-64.)

RESOLUTION, RE: AUTHORIZING ISSUANCE OF BREVARD COUNTY HEALTH FACILITIES AUTHORITY FIRST MORTGAGE REVENUE BONDS (B. V. ASSISTED LIVING, INC. PROJECT), SERIES 1995

Chairman Higgs advised representatives from the Health Facilities Authority and applicant are here if there are any questions.

Commissioner Scarborough inquired if Commissioner Ellis had any problems with the bond issue; with Commissioner Ellis responding no, it is a contract situation, that when someone signs up with the project they have managed care for the remainder of their lives. He stated some people reach a point where they cannot live on their own and need nursing home care; the firm has to contract out to another nursing home facility now; so it wants to build a facility that would be a transition between a full nursing home and being able to live by themselves.

Commissioner O'Brien inquired if it is similar to Merritt Nursing Home; with Management Services Director Michael Managan responding the bond issue is similar to a home mortgage; First Union Bank holds the paper backed by the actual facility; so if they do not meet the debt, they lose the facility. Commissioner O'Brien inquired how did the County get involved; with Mr. Managan responding it gives it tax exempt status.

County Attorney Scott Knox advised federal legislation requires the Board as the elected body to hold the hearing and give its blessing. Chairman Higgs advised the County is not the issuer or guarantor of the bond in any way.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to adopt Resolution approving Brevard County Health Facilities Authority First Mortgage Revenue Bonds (B. V. Assisted Living, Inc. Project), Series 1995, not to exceed $800,000. Motion carried and ordered unanimously. (See page _____for Resolution No. 95-311.)

DISCUSSION AND DIRECTION, RE: COST-CUTTING IDEAS/SUGGESTIONS FROM COUNTY DEPARTMENTS

Commissioner O'Brien advised some of the ideas he did not receive copies of in the package the Board asked for in the Spring. County Manager Tom Jenkins advised every item came from that list; they have not gone out and solicited additional ones; but he will double check it. Commissioner O'Brien stated the package he received in March did not seek RFP to build the TDC building at I-95 or hiring of a full-time County medical doctor. Chairman Higgs stated they are on the table now; with Commissioner O'Brien responding they are, but they were not the ones solicited last spring.

Chairman Higgs advised #1 is seek RFP's for office building at an I-95 location for Office of Tourism Development; and she understands it is being worked by the TDC; with Assistant County Manager Joan Madden responding that is correct.

Mr. Jenkins inquired if it was in the original package; with Assistant to the County Manager Stockton Whitten responding to his knowledge they were all from the package that was submitted originally, but he will double check it.

Chairman Higgs advised #2 is explore the possibility of hiring a full-time County medical doctor, but she did not see any information on that. Mr. Jenkins advised there is a concept which he read about in Florida Trend where a hotel owner decided it was cheaper to have his own medical staff than to buy health insurance, so they hired doctors part time to work for them and provide primary care; and someone suggested that as an option for the County.

Commissioner Scarborough stated he does not see a problem exploring anything. Commissioner Cook stated it sounds like socialized medicine. Commissioner Ellis stated it would have made more sense when the County was self-insured than it does now.

Commissioner Ellis advised #3 is by resolution transfer all Public Health Units to HRS; and if that is all the Board has to do to save $60,000 a year, that seems like a good deal.

Commissioner Cook recommended exploring #3 and #4, all disposal of animal carcasses at the County landfill. Chairman Higgs inquired what happens now; with Ms. Madden responding it needs to be by mutual consent pursuant to Florida Statutes, Chapter 154; staff has had conversations with local people but not the State; and they could pursue those. She noted some counties have accomplished that, and Orange County is one of them.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to direct staff to pursue #3, by resolution transfer all Public Health Units to HRS, and #4, all disposal of animal carcasses at the County landfill.

Commissioner O'Brien inquired if there are laws that say the County cannot put animal carcasses in the landfill; with Ms. Madden responding it is not prohibited; generally people do not want to see their pets disposed of in a landfill; it is a cultural issue more than anything; and the other issue that has to be addressed is the impact that will have on the landfill. Commissioner O'Brien inquired if road kills can be buried on the side of the road rather than taken to a landfill; with Ms. Madden responding very often that is done with road kills, but this is about turned-in animals. Commissioner O'Brien inquired if there is a policy to take animal carcasses to the landfill or bury them; with Ms. Madden responding currently there is a contract to carry those out of County to dispose of; they have a policy to dispose of large animal carcasses at the landfill; however, they have not moved to the pet population for disposal at the landfill. Commissioner O'Brien inquired if the County charges people to take the pets to a pet cemetery; with Ms. Madden responding no, it is part of the budget and the County pays the bill unless they want an individual cremation which is something offered by the Humane Societies. Commissioner O'Brien suggested looking at the financial side and considering a charge of $1.00 for disposal of pets, because many people bury them in the backyard. Ms. Madden stated that is allowable with permission from Animal Control.

Chairman Higgs called for a vote on the motion to provide the Board more information on #3 and #4. Motion carried and ordered unanimously.

APPROVAL, RE: 1996 BOARD MEETING SCHEDULE

Chairman Higgs advised she has a problem with the change to the original schedule and offered an alternative for April. She stated the Board could have a regular meeting on April 16, either the regular meeting starting at 11:00 a.m. or 1:00 p.m. and continue through the supplemental budget hearing at 5:01 p.m.; then it would have two regular meetings in April on the 16th and 30th and the zoning meeting on the 22nd, and fold in the supplemental budget hearing in that meeting.

Commissioner O'Brien stated he is not one to bring things back, but he received the information yesterday and did not have time to compare the schedule with other events and the schools' schedule; and suggested the item be tabled. Chairman Higgs advised Commissioner Scarborough had a problem with the first week in April. Commissioner Scarborough stated the first week in April is Spring break; during the year they are captive at meetings; and that is one of the few times he would be able to get away. Chairman Higgs advised there are a number of schools that break the first two weeks in April and some private schools during the second week in April. Commissioner Scarborough recommended Stockton Whitten work on getting off the first two weeks in April.

Commissioner Cook stated traditionally the Board tries to leave June clear; and inquired if there is a way to get around the meeting on June 4th; with Mr. Jenkins responding there is a month off between the June meeting and the first meeting in July.

Commissioner Ellis inquired if Chairman Higgs is trying to get rid of the April 2nd and 9th meetings; with Chairman Higgs responding she is trying to clear the first two weeks in April because from the 8th through the 12th a number of schools are taking the week as holidays. Commissioner Ellis stated if they skip the 2nd and 9th, they will end up with a difficult schedule at the end of April and beginning of May; with Chairman Higgs suggesting accommodating the change by an adjustment in March to have the last regular meeting at the end of the month so it would not have as big a gap.

Commissioner Scarborough stated he understands the Board will have met over 100 times this year; and inquired what is the comparison with last year; with Clerk to the Board Berni Talbert responding in 1994 the Board met 57 times, and this year it will meet 101 times. Commissioner Scarborough stated it is not like the Board is not meeting, it is just that they need a week off now and then. Chairman Higgs stated the Board can accommodate that and not have too big a gap by adjusting a March regular meeting.

Motion by Commissioner O'Brien, seconded by Commissioner Ellis, to table the 1996 Board Meeting Schedule until November 28, 1995. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - JOE LAPOLLA, DEPUTY DIRECTOR OF CANAVERAL PORT AUTHORITY, RE: PRESENTATION ON BREVARD COUNTY'S BEACHES

Deputy Director of Canaveral Port Authority Joe Lapolla advised in an attempt to develop a strategy to solve the beach erosion problem, the Port is a sponsor of the sand bypass project and Brevard County is the sponsor of the beach restoration project; those two projects are under the civil works program of the Corps of Engineers; and as a Port they work very closely with the Corps. He stated the Corps is a great outfit; and gave some historical highlights of the Corps. He indicated it is also bureaucratic, slow and has some archaic rules. He stated the Port has three projects: (1) west turning basin which was about $12,000,000 done in 1986; (2) widening and deepening completed two years ago; and (3) sand bypass which is nearing completion. He advised the widening and deepening of the west turning basin where the cruise ships are at the Port today was not approved by the Corps in the early 1980's; the Corps said it would study it which took a year; and then it said it cannot justify it on benefit/cost ratio. He stated the Port made its own study and presented it to the Corps; and it finally agreed it did have a favorable benefit/cost ratio. Mr. Lapolla stated that is the Corps whole basis; if the project does not have a benefit/cost ratio of 1 it has no federal interest; they sent the project to Washington, but the Corps headquarters did not send it to Congress; letters were written and bureaucratic stuff came back; then it stopped answering the Port's letters so they went to Congress, and the Corps finally made a mistake and answered saying the project is a recreation project because it considers cruise ships as recreation. He stated that is what they wanted the Corps to say in writing; they went back and said it may be recreation, but in Florida tourism is the #1 industry; they wrote every Congressman in Florida; and they finally got the project, but that is the type of bureaucracy the Board will have to contend with; and they will have a similar fight with this project. Mr. Lapolla advised the sand bypass project is a Corps of Engineers civil works project which the Port is sponsoring; the Board is sponsoring the beach restoration project; and along with beach restoration goes periodic nourishment; those are the beaches that the Corps of Engineers has studied and said there is a federal interest; the b/c ratio is high enough to justify a project; and it expects in January to meet with all agencies involved and issue the report. He stated the project is nearing the technical completion stage; County staff has done a fine job in monitoring the project; and now it is becoming a political stage in which elected officials need to get involved. He stated he accompanied the Chairman of the Port Authority to Washington to meet with the Democrats and accompanied Mac McLouth to meet with the Republicans; they also went to see the Corps of Engineers; and it takes that kind of push to get one of the projects through, especially in this political year. Mr. Lapolla advised essentially they believe the inlet caused 60% of the erosion; the Corps of Engineers may not believe that, but it has not told them yet; the study was given to the Corps two years ago and it has not commented on it; and it is making its own study which it will reveal in December or January. He stated with a Northeasterner the sand falls in the channel; with a southeasterner it goes to the jetties and falls in the channel; the Corps of Engineers has been taking it out, since the inception of the Port, pass the five-mile limit; and it took eight million cubic yards of sand out of the littoral zone. He stated eight million cubic yards of sand is about ten times the volume of the mall at U.S. 192; in dollar value it is probably worth six to eight dollars a yard or $64,000,000; and why the Corps takes it out and dumps it in the ocean five miles off where it never comes back is because it is cheaper. He stated in 1962 one section of the Corps of Engineers predicted it would happen; the operators that have to mess with the operation and maintenance dollars every year are by law required to use the least cost method; and that was the least cost method. He stated the two-mile reach has lost four million cubic yards of sand; the whole beach used to be very accretional; and as they get further away from the Port the erosion is less. Mr. Lapolla advised without the beaches, 30,000 jobs may be lost in Brevard County; the tourist development tax is about 3.5 million dollars and half of that is derived from the beach resorts; 7% of the ad valorem tax base comes from east of A1A; and a good portion of the whole tax base is on the barrier islands. He stated it is the large nesting area for turtles; the cost for the project is about $40,000,000; it will probably be constructed over a three-year period; and without a federal project, the State would have to come up with $30,000,000 which is not easy because it does not set aside moneys and appropriates every year. He stated New Jersey has a dedicated tax base that goes into a pot for beach restoration. He stated the County's share would be ten million dollars; but as a federal project under the normal circumstances, the federal government would pay $26,000,000, the State would pay 10.5 million dollars, and Brevard County would pay 3.5 million dollars. Mr. Lapolla advised the Corps did agree that the inlet caused some erosion impact, and will tell them how much it thinks at the next meeting; the Port thinks it is 60%; and if it is, then the feds will pay $34,000,000, the State would pay 4.2 million dollars and Brevard County would pay 1.4 million dollars; however, the Board should be prepared for something in between that. He stated under normal circumstances the Corps would have the meeting in January where it will have all the environmental people and everybody in the Corps to have one review and agree on the project then forward it to the headquarters in March; in the meantime the Corps would begin design, have appropriations available to start design, and the County would be eligible to get authorization; and to get a federal project, it would need both authorization and appropriation. He stated the Water Resources Development Act, which is usually on the even year is the authorization act; it did not have one in 1994; and did not have a make up in 1995; so they hope to have one in 1996, but it is essential to get the project out in time and get it authorized, then hopefully get appropriations in 1997. He noted construction could begin that year and the County would have a completed project within three years with a guarantee 50-year renourishment cost share with the federal government; and if it has a hurricane or big storm that damages the beaches; the Corps will come in and repair it on a cost shared basis. Mr. Lapolla advised the problem is the Clinton Administration says they do not favor it and are trying to eliminate those projects, but Congress does not agree; and there is an opportunity to get to the Congress; they are going to continue to do their thing with the inlet; and recommended the Board amend the cost service agreement with the Port, retain a coastal engineer and other consultants so it will have the expertise when it needs it to get the project moving; and have staff be sure it gets a solution for the southern beach reach. He noted there is a solution on the wave; it needs to have elected officials lobby the Congressional Delegation to be sure to get the project authorized in 1996; and request the TDC come up with an amount of money in the time frame of 3.1 million dollars so the Board will have its local share. He recommended the Board brief the State Legislative Delegation and mayors of the cities so that it has a united front in Brevard County to fix the beaches.

Commissioner O'Brien advised Mr. Lapolla has done a great job; they have all been working hard on this issue; the City of Cape Canaveral, City of Cocoa Beach, and Port Canaveral all passed resolutions asking the TDC to change its spending habits and put the dollars back into beach restoration; and he contacted Senator Mack and Senator Bill Bradley from New Jersey who are trying to create a coastal coalition of senators. He stated he also contacted Congressman Dave Weldon to try and form a coalition team; and unless they have a very focused group that can go to Washington and Tallahassee and put the program together, it will have ultimate failure. He stated he will create the Beach and Riverfront Restoration Task Force of Congressman Weldon, Representative Futch, a representative from the Port, and representatives from Cape Canaveral, Cocoa Beach, Satellite Beach, and Patrick Air Force Base, and probably a member of the TDC and this Board or himself; it will be a focused group to look at not only beach erosion problems, but recognize an economic intersection of the beach, Port, locks, and river, and tie them together economically and ecologically; and it will go to the Corps through elected representatives in Washington. Commissioner O'Brien advised they have a coastal coalition of senators saying they must do something; they need to get TDC to understand they have to come up with the local share because saving the beaches and rivers and interconnection of all of that is worth hundreds of millions of dollars to the economy; it is a far reaching thing; the Board cannot allow the beaches to continue to erode; and anyone who can say let them fall into the sea has not thought about the one billion dollar real estate investment along the beaches. He stated the beaches pay 7% of the ad valorem taxes and higher property taxes; the large hotels are all money generators for the County; and those are important projects. Mr. Lapolla stated they can also return the salinity to the river and stimulate a $15,000,000-economic activity in the shellfish industry alone if they can tie this project in with it and have the Task Force start searching for ways and means. He stated on the environmental side, they need to plant more mangroves within the river, get the seagrasses straightened out, and provide dune recovery and protection of the turtles. He suggested going to Washington to change the Corps and President's mind, and get the study done. He stated the Task Force is very important; the County has a Beach Restoration Committee, but it is not focused; it takes the entire County into consideration, whereas the major damages to the beaches are between Port Canaveral and just south of Patrick Air Force Base in Satellite Beach; and if they can find a source of funding to recover those beaches, the south drift will take care of other problems that have occurred across time and repair the whole eco-system as well as the beaches and the economy.

Commissioner Ellis advised 35% of the first two cents of the tourism tax goes to beaches; that is about a half a million dollars a year; and he does not know how they will get any more money from the TDC. He stated he can see it if the Board can vote to allocate all of it to the project, but he cannot see more than that without changing the funding formula. He stated one issue that is stronger for Brevard County than other areas having beach erosion is that so much of it is directly attributable to a Corps project; there has been Corps intervention in the area which has created part of the problem; and it has a responsibility to help the County correct it. He stated the only way to generate three million dollars in three years is to bond a portion of the tourism tax because it will not generate that on annual accruals.

Commissioner Cook stated there are funds available, and Mr. Lapolla can answer that. Mr. Lapolla stated the funds he recommended has the support of the TDC staff without transferring the advertising and all the rest of the TDC funds. He stated they are generating $830,000 from the 35% of the two cents, and 30% of the third cent; and the TDC is comfortable with that. Chairman Higgs stated the TDC did not act on that and there may be some members who are comfortable, but the TDC did not act; with Mr. Lapolla responding he understands that. Commissioner Ellis stated TDC funds are tied up with the zoo, land acquisition debt, etc. Commissioner Cook advised the Board needs to fund it to the fullest amount that is available; the funding mechanism was passed by the electorate at that percentage; and that is what the Board has to go with. He stated the money is there to implement the project under the current standards; if it is short, the Board may not do everything it has to do every year; it can work the numbers; but it should not go off on a bonding project, and should work within the parameters of the referendum. He stated it is an important project; the President who claims to be an environmentalist is killing those projects; and the Congress that some inaccurately say is not pro-environment is trying to save the beaches. He stated this is something the Board should do; it is important to the economy; it is also important to the economic vitality of the area; so he will support it. He stated whatever amount is available is the amount that should be applied to the project; a lot of it will be lobbying and convincing people and the Corps and President that if he is serious about those things, the projects are important and should be continued; he contacted Senator Mack's Office; and they are working heavily with Senator Graham in order to effectuate the outcome.

Chairman Higgs advised the idea of a committee that would work on it is important, but the issues regarding the beaches go south of Patrick Air Force Base and into Districts 3, 4 and 5; they have significant beaches in those Districts; and if the Board is going to make an effort, it needs to make a Countywide effort that would encompass all who are stakeholders in this project. She stated the Board needs to establish a Countywide task force to work on the issues; there are other issues that are pointed out in terms of the joint agreement with the Port that staff needs to work on and come back with specifics as to how the Board can implement joint agreements for engineering and consultants; but the first thing it needs to do is move on some sort of Countywide task force because it should be a Countywide effort.

Commissioner O'Brien stated Chairman Higgs is probably totally correct, but the reason he wants to keep it a small focused group is because of all the travel time for those people to meet would be substantially reduced. Chairman Higgs stated Representative Futch lives in Melbourne Beach. Commissioner O'Brien stated keeping the group small will achieve the same goals; they are not going to save the beach to Patrick Air Force Base and say that is all; and they are going to try and save the entire beach and fix the whole problem; with Chairman Higgs responding then everybody should be included. Commissioner O'Brien stated there is no reason to do that except to cause calamity; with Chairman Higgs responding it causes unity and strength in numbers; and Representative Futch represents the District that does not include the Port. Commissioner O'Brien stated his District includes Cocoa Beach and south of that; that is why he wants him in the process; but to have every Mayor of every City would be cumbersome. Chairman Higgs stated she will not support a committee that is not concerned with all the beaches. Commissioner O'Brien stated it will be concerned with all the beaches, but it should be a small focused group and not a large rambling group. Chairman Higgs stated she cannot support it unless it includes representatives from Districts 3, 4 and 5 because it will be a project that divides rather than brings people together.

Commissioner Ellis stated the sand will go south eventually; and a lot of money from TDC has been used to work on a restoration plan. Assistant County Manager Stephen Peffer advised TDC has put in the bulk if not all the funding for the technical feasibility study which is nearing completion. Commissioner Ellis stated Mr. Lapolla talked about the coastal engineer and other things, but most of that has been accomplished. Mr. Peffer stated that is correct; they expect the Corps will complete it early in 1996; and it should have results and recommendations based on that study available to the County shortly thereafter. Mr. Lapolla stated those are the four reaches of beach the Corps is going to come up with; that is what the County should focus on; and those are the projects that have good B/C ratios and are supportable under federal regulations. He stated they will not fix the beaches if there are no houses there; and putting sand on the beaches is putting millions of dollars into the beaches.

Commissioner Ellis stated he does not think the numbers will match up and the Board will need to find out where it is going to be at that point. Commissioner Cook stated he does not disagree, but whatever the money happens to be is what the Board will commit. Commissioner Ellis stated if the Corps says the local share should be 5%, 7.5%, or 10%, the Board will have to come up with that local share to carry through with the project; so it has to see what is available from TDC to proceed. Chairman Higgs stated the Board cannot make that determination today, but can ask staff to come back with thorough information on those monies.

County Manager Tom Jenkins advised there is a broader representation committee, the Beach Erosion Advisory Committee; and the Board needs to give some consideration of how the new group will interface with that Committee and what it is currently doing. Chairman Higgs stated that committee includes people from all the affected cities and its task is to outline the problems and methods for solving the problems. Mr. Peffer stated that is partly right; they have been closely monitoring progress of the feasibility study and has been actively involved long before that; and the Committee started in the 1960's, and has continued to this day. Mr. Jenkins advised what Commissioner O'Brien was describing was a short-term task force; it could have a relationship with the Committee; and Commissioner O'Brien represents the Board on that Committee.

Commissioner O'Brien stated a lot of TDC money was spent building sidewalks along Clearlake for Brevard Community College; without the beaches, tourism will decline; there is a direct proportional ratio to how small the beaches are getting to how many rooms are empty in the local hotels where the tax is collected; and suggested Commissioner Ellis tell the TDC there is an emergency, and the Board may be asking it to change the formula for a few years until they get all the money required to save the beaches. He stated if they can increase tourism by better beaches, it will have more money to spend on sidewalks at Clearlake and more zoos; but unless money is put back in now, it will hit bad times. Commissioner Ellis stated the TDC cannot change the formula. Commissioner O'Brien stated they can ask the Board to change it and the Board can ask the Legislature. Chairman Higgs stated until the Board knows what it is going to need in a financial prognosis, it should not ask for anything, but it should ask staff to come back with numbers for the Board to review and begin to formulate a financial plan. Commissioner O'Brien stated the County goes before the Legislative Delegation on December 14; if the TDC meets between now and then it may be willing to change the formula; and the Board can put that in its legislative package. Commissioner Ellis stated the formula was set by referendum. Commissioner Cook stated he is not sure the Board needs to change the formula because enough money should be available to move forward with the project with the beach portion of the tax; and there should be enough to fund what the Board needs to do initially to move the project along.

Chairman Higgs inquired if the Board can get the numbers by the next meeting; with Mr. Jenkins responding yes. Chairman Higgs recommended staff work on the joint agreement for consultants with the Port and come back to the Board with the information.

Motion by Commissioner O'Brien, seconded by Commissioner Ellis, to direct staff to return to the Board on November 28, 1995 with the TDC dollars available for beach renourishment; and authorize a joint agreement with Canaveral Port Authority for engineering consultants to work on solutions. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, to hire a Washington and Tallahassee representative.

Chairman Higgs stated the consultants are part of that. Commissioner Ellis stated when he was elected he got rid of lobbyists and does not want to get into that business again. Commissioner O'Brien stated unless the Board gets someone in Tallahassee and Washington to put pressure on for the specific projects, it will be spinning its wheels; and it needs help in both Capitols to bring it forward. Commissioner Ellis stated he would be willing to travel if he had to and other Commissioners would also lobby, but it was a fiasco the last time the Board paid lobbyists. Commissioner O'Brien stated the Board should have had someone in Tallahassee last week on the legislative proposals for an interim project on promotion and protection of Florida's natural tourism resources to speak on behalf of Brevard County, because the Legislature is looking at putting money into Florida's natural tourism resources, meaning beaches and perhaps rivers.

Commissioner Scarborough stated elected officials will get as much respect if not more than lobbyists because they are elected by the people; lobbyists have other interests and clients; he was disappointed with the service the County received when it had lobbyists and consultants; and it is not worth the money. He stated it is easier to have a Commissioner go to Washington and meet with those people.

Commissioner Cook stated he would rather send a Commissioner or whatever it takes to lobby effectively for important things for the community, so he would take exception to hiring a lobbyist. He stated the Commissioners need to be lobbyists and try to secure those funds. Commissioner O'Brien inquired if the Board would pay for him to go to Washington to lobby Congress; with Commissioner Cook responding sure.

Chairman Higgs inquired who is the Beach Erosion Advisory Committee composed of; with Mr. Peffer responding a representative from the Board and each city, and ex-officio members from the Port and two other agencies. Chairman Higgs stated there is a Committee in place to do that; if Mr. Weldon and Mr. Futch want to work in some other way, that is wonderful; the Board needs their assistance; but it has an established committee designated to do that; and at this point, that should be the arm for working the problem and getting focused and moving. Commissioner O'Brien stated a task force is focused; the Committee is not very focused; and the track record shows that little has been done since 1962.

Commissioner Cook suggested a task force with Commissioner O'Brien representing the Board and allowing the other four Commissioners to appoint members to meet what Chairman Higgs suggested, a broad-based group; with Commissioner O'Brien responding he does not think so; he wants to keep it small and very focused and not broad-based; so it would be a workable team.

Commissioner Ellis stated Mr. Lapolla said four cities are involved, Cape Canaveral, Cocoa Beach, Indialantic, and Satellite Beach; with Chairman Higgs responding it was Melbourne Beach and not Indialantic. Commissioner Ellis stated there should be representatives from those four cities since they are directly involved with the project; and Melbourne Beach and Indialantic can get together to pick one representative. Commissioner O'Brien stated he does not mind one more seat, but does mind four or five more because it would not work. Commissioner Ellis requested a list of the members be brought to the Board at the next meeting; with Commissioner O'Brien responding he will present a list.

Commissioner O'Brien advised the Port asked the County to retain a coastal engineer; with Chairman Higgs responding the Board agreed to do that with a joint agreement. Commissioner O'Brien stated the Board needs to work with the Corps of Engineers on the best solution for the southern beach reach; the engineer will accomplish tasks in cooperation with the Port and pressure the Corps to finalize the feasibility report in time for 1996; and inquired if Mr. Lapolla has suggestions on how to do that; with Mr. Lapolla responding a Commissioner should go to the Corps in Jacksonville in December or January and attend its meeting.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to authorize travel for Commissioner O'Brien to Jacksonville, Florida, to attend the meeting of the Corps of Engineers. Motion carried and ordered unanimously.

Commissioner O'Brien requested authorization to travel to Washington, D.C. and Tallahassee.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to authorize travel for Commissioner O'Brien to Washington and Tallahassee regarding the beach projects. Motion carried and ordered unanimously.

Commissioner O'Brien advised the task force wants to work with Representative Weldon, Senator Mack, and Bill Bradley and encourage the Congressional Delegation to authorize the project; and requested Commissioner Ellis look into the TDC accruing local share of the funding. He stated the State Legislative Delegation needs to be briefed on the need for state matching funds; and inquired if that is the Board's responsibility or the Port's; with Mr. Lapolla responding he will be in the hospital for a month; and recommended a Commissioner and County staff do that. He stated the money will not be needed this year, but it will be needed next year. Commissioner O'Brien recommended briefing Mayors and Councilmen of affected beach cities; and stated they passed resolutions in support, so the next step is for the Board to adopt a similar resolution.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to direct staff to prepare a resolution in support of the beach renourishment project for consideration by the Board on November 28, 1995. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize Commissioner O'Brien to appear before the Legislative Delegation on the Beach Renourishment item. Motion carried and ordered unanimously.

Myron Stevens, 3223 S. Atlantic Avenue, Cocoa Beach, advised in 1962, the Corps of Engineers went before the U.S. Senate and stated the creation of the inlet caused erosion; there was a recommendation by the Chief of the Corps of Engineers to go build a sand transfer facility; so there is admission by the Corps of Engineers for whatever it is worth. He stated the TDC was created in 1982 with 30% of the funds for beach erosion, which has never happened; the TDC was ineffectual as originally presented because they had situations where they had private agendas; and with severe erosion problems evident, the County is facing loss of its tax base, tourist attraction, income, jobs, and quality of life. He stated he has been in Brevard County over 50 years and used to run on the beaches; that is an intangible quality of life that is missing and probably will not be recovered; and the Board needs to get citizens support for this project. He stated those people who do not care about the beaches do not recognize that it affects the entire economy; and if the inlet ever breaks through, the properties on Merritt Island and West Cocoa Beach will be submerged; so what the Board needs to do is get every individual in every part of the County to recognize that they have an integral concern about the benefits of the beaches, and make it a personal matter. Mr. Stevens advised the Department of Army Report signed by the Corps on June 23, 1969, had a section of the River and Harbor Act of 1968 stating in part, "The Secretary of the Army, acting as chief of engineers, is authorized to investigate, study, and construct projects for the prevention or mitigation of shore damages attributable to federal navigation works. The cost of installing, operating, and maintaining said projects shall be borne entirely by the United States." He stated paragraph 6 of the report states, "This authority is limited to the construction of work for the prevention and mitigation of damages to both public and privately-owned shores attributable to federal navigation projects located on the coastal and Great Lakes shorelines in the United States." Mr. Stevens advised the most telling paragraphs say "the cost of improvements constructed under this authority and any subsequent maintenance shall be borne entirely by the United States, notwithstanding the fact that part of the first course of the navigation project involved may have been provided by others."

Chairman Higgs asked Mr. Stevens for a copy of the report; with Mr. Stevens responding he gave a copy of it to the Board ten years ago, but will make another copy. Commissioner O'Brien suggested Ms. Madden make a copy today so he can take it with him. Mr. Stevens stated the Corps of Engineers made those admissions which will help if the County sends someone to meet with Congress. Commissioner Scarborough advised Mr. Stevens is a retired attorney and has put a lot of time into studying this issue.

REMOVAL FROM INVENTORY, RE: UNACCOUNTABLE PROPERTY

Bea Polk, 101 River Park Boulevard, Titusville, advised a printer with a tractor feed was $5,399.00 and was misplaced; every time she picks up the items for removal from inventory they are always lost; and inquired if there is a way for whoever is responsible for the equipment to pay if they do not keep it. She stated $5,399 is a lot of money; they just keep removing items that are lost and do not give a reason, who lost them, or who is responsible for them.

Assistant County Manager Stephen Peffer advised the item shows the printer was originally purchased at $399.20; it depreciated to $20.72; it was borrowed by Mosquito Control and returned; and when it was returned, no one got a receipt so it was shown as still on loan to Mosquito Control. He stated they no longer have the printer and needed to complete the paper work to show that. Ms. Polk inquired who decides the amount that it is worth after the loss; with Mr. Peffer responding it is a standard depreciation schedule used by Property Control; individual departments do not make that decision; and it is based on the original value and age of the equipment. Ms. Polk stated it still concerns her that no one is ever responsible for misplaced items; and if they would print names of who last had the items, they would probably keep from misplacing them. Mr. Peffer stated he shares that concern and has changed procedures within Mosquito Control; they have one person in charge of property who coordinates directly with Property Control and who will take responsibility to make sure the items are accounted for. Ms. Polk stated in the 1960's they lost three new air conditioners and no one could find them; and it is getting better, but it still needs improvement.

Commissioner O'Brien stated in his company, a machine that was bought ten years ago depreciates every year for tax purposes; and it does not mean it is worn out, but it could wear out in seven years. He stated Mosquito Control said the pumps were beyond repair and junked; and inquired where did they go; with Mr. Peffer responding they were thrown out; the mistake they made was not letting Property Control know that ahead of time; they have taken corrective action to make sure Property Control verifies the equipment is not repairable and implement the proper paper work; and in this case, it was not done and they are showing up as missing from inventory. He stated they have records, but it did not translate to Property Control records that the pumps were 20 years old and not repairable. Commissioner O'Brien stated he went to the auction five years ago and bought two mud hogs that were on the floor as trash pumps; he bid $25 each and bought parts for another $25; the pumps were used a month later to save Cape Canaveral sewer plant from overflowing; and he made $10,000 on that project, so the pumps were not beyond repair. He stated somebody thought they needed new pumps, so the pumps were trashed; pumps have extreme value upon repair; and he has concerns about that.

Commissioner Scarborough stated when the Titusville Courthouse was vacated, there was a tremendous amount of loss inventory; they are moving again with the opening of the Justice Center; and staff should be sensitive to the need for inventory control because a year later the Board was still getting a lot of lost items. Commissioner Cook stated moving is notorious for loss equipment, so there is a need to tighten up the procedures. Commissioner Scarborough stated the Board should ask for a high level of accountability; if someone has a chair, because that person is moving does not mean he or she needs a new chair; and there should be memoranda in advance to get assurances from affected parties that if things are lost, they will not be replaced and they will do without.

County Manager Tom Jenkins advised the move out of the Titusville Courthouse was unique; the equipment was moved two or three times and had to go through cleaning to remove the asbestos; and some of it was destroyed as part of the cleaning process and moving. He stated when they moved to the Government Center, there was very little loss because the move was organized and orderly and they had time to prepare for it; but he will send a memo reminding everyone of the need to have control of property inventory.

Chairman Higgs advised equipment said to not be economically feasible to repair and is either junked or put out for bid are often bought by individuals who repair them and use them; she does not know how to take action on that to deter that kind of situation; but she knows people who got equipment and made it economically feasible and very profitable. Mr. Jenkins advised in many instances the equipment is cannibalized and used for parts; and sometimes when that occurs, they have been lax in submitting the proper paper work to Property Control to show that it was cannibalized for parts. He stated a list of the items sold at auction is circulated so anyone can come and inspect them; that may be the best way for Commissioners to address their concerns; and the next time they have an auction, they may want to look at the equipment for their own confirmation. Chairman Higgs stated she does not have the expertise to determine if a piece of equipment is good or not; but she knows of instances where equipment was purchased at $25 and $15 and made economically feasible; and she does not know how to address that situation.

Mr. Jenkins advised they rely on directors to make the assessments whether it is Central Fleet, Public Works, or Mosquito Control; Solid Waste sold a lot of heavy equipment and took in about $700,000 including the Sheriff's inventory; and some of the equipment is used seven days a week 16 hours a day. He stated the demands the County may place on equipment in terms of activity level versus someone who will use it sporadically is tremendously different; and what may be good for an occasional use is not necessarily meeting the requirements of the heavy use the County puts its equipment through; so they rely on the experience and judgment of the directors that equipment is no longer salvageable or the cost to repair exceeds the value.

Commissioner O'Brien advised in defense of Mr. Jenkins, about ten years ago he bought an air compressor from the County and used it for five years; however, they were always repairing it and it could never get up to 125 psi which is a minimum needed; and if a department had to have it operating now, it could not trust that equipment. He noted there is a list of computers for auction; and inquired if the schools were contacted about using the computers in the classrooms. Mr. Jenkins stated the Board directed staff to contact nonprofit groups, and he will add the School Board to that list. Commissioner O'Brien stated schools are always looking for computers; the County is dumping 50 to 60 that work; they are 286's, but fifth and sixth graders could use them; and recommended contacting the School Board before putting the computers up for auction.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve removal of Bucket Drag PR #G-412-0055, Couch Pump PR #G-422-0466, Couch Pump PR #G-422-0462, and Printer w/tractor feed PR #A-026-0057, from the County's Inventory; and direct staff to contact the School Board to determine if there is an interest in obtaining computers. Motion carried and ordered unanimously.

AMENDED JOINT STIPULATION AND AGREEMENT WITH THE CORPORATION OF THE PRESIDENT OF THE CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, RE: EXTENDING USE OF PROPERTY BY DESERET CATTLE AND CITRUS

Commissioner Cook advised the Corporation sent the County correspondence; it is willing to re-acquire the Deseret property within a reasonable amount of time; it is not open ended; so when the County decides whether it is going to keep the property or not, the County has an opportunity to get the original purchase price back. He stated he has no problem with the Agreement.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve the amended Joint Stipulation and Agreement with The Corporation of The President of The Church of Jesus Christ of Latter Day Saints, extending the use of property by Deseret Cattle and Citrus to December 31, 1997. Motion carried and ordered unanimously. (See page _____for Agreement.)

Chairman Higgs advised Mr. Leroy Wright is here; she explained to him that the Board deferred any action; he asked for an opportunity to speak; and inquired if the Board wants to allow him to speak; with most of the Commissioners responded yes.

Leroy Wright advised he has been involved in a two-year effort to bring about surveys of potential sovereign lands in Brevard County; he thanked Florida Department of Environmental Protection for responding to the County and stating its willingness to go far beyond what he asked for during the Viera DRI; and that is to look at 14 miles of the river, from Lake Washington to Lake Winder. He stated what he gave the Board he took out of the Water Management District's Five-Year Land Acquisition Plan; they are talking about spending millions of dollars to buy those lands; he worked with Henry Dean personally on that; and what the District could do is merely get a survey done. He stated they are not asking the District or the County to get involved in any disputes on the land issues; once the survey is completed, it will become a state issue; and if the lands were surveyed, the expenditure of millions of dollars of taxpayers money would not be necessary. He stated this project is a 14-mile stretch; there is ample time to approach it; they have a number of resources they can look at, even to support the County's portion of that cost should there be any; and they could work with the District. He noted there is a possibility of grants out there. Mr. Wright stated he wanted to share those few pages with the Board; the page that has to do with river/lakes conservation area on the map shows Lake Washington just north of U.S. 192; and he circled the area they are going to survey to show the Board. He stated they are talking about the east side going all the way down to Lake Winder through the river section to the dam area at Lake Washington; they have plans to buy that property; and it is in their Five-Year Plan to spend $15 million over the next five years, including what they spent in 1995 already, to purchase lands in that Plan. He stated the entire map shows the areas they are looking to purchase; the initial area they asked them to survey, they are willing to do the job but it is a considerable cost; they are talking about buying on both side which total 18,000 acres; and they were addressing only the east side, that is probably somewhere in the area of 10,000 acres that would be subject to their survey. He stated if the Board wants, he will get copies of the Five-Year Land Acquisition Plan for each Commissioner; then they will have an opportunity to work with the District; and as he stated in his letter he sent to the Board, if they can work several of the items off that letter, they would be in a good position even before they respond to Department of Environmental Protection. He stated there is no suspense date, no time certain to get back with them; he is in communication with them daily; and they are aware the County would like to take an opportunity, and he personally, would like to take the opportunity to explore some areas. Mr. Wright advised a couple of questions to them, as he stated in his letter, go back to the initial request they made to the site specific area on the Duda Ranch; they would simply like to look at that; it is the only area where there is any development being done; and they have a 450-acre reservoir out there for the retention system. He stated he understands their reasoning; they could not address the entire ranch at that time; but they could still, as they had told him initially and verbally, it would cost something on the order of $50,000 and the State would pay half, which gives them a $25,000 cost to do that initial siting. He stated he is still interested in that because it will go a long way toward determining just what they can expect to see as they go from there to Lake Washington with any kind of survey. He stated he wants to work with the Board and each Commissioner; he wants to make sure it is an opportunity to save millions of dollars; and it is not something the County or District has to fight once that survey is done because the State will pick up the battle and proceed with it. Mr. Wright stated he is positive they are going to win the current situation they are involved in with Sabal Hammocks; they won it in 1992, but with the new election, the developer went back and asked for a rehearing and asked the State to disclaim the land and let him proceed with the project; there is no way that will possibly happen; and it will probably be heard before the year ends. He stated either way, it may continue on; if a five to two vote or better says reverse the order, that is what it would take from the Cabinet; and if they do that, they will take it to the State Supreme Court if they have to because they are not going to lose it.

The meeting recessed at 12:17 p.m.; reconvened at 1:02 p.m.; met in executive session; and reconvened the meeting at 1:58 p.m.

RECOMMENDATIONS, RE: MERRITT ISLAND REDEVELOPMENT AGENCY EXECUTIVE DIRECTOR'S CONTRACT

Merritt Island Redevelopment Agency (MIRA) Executive Director Kurt Easton advised he is available to answer any questions the Board may have.

Commissioner O'Brien advised there are a few questionable items concerning MIRA; there are issues that must be raised; Mr. Easton's salary is not justified; the raise in October, 1994, was because of some questionable survey given to the MIRA Board; and the Board agreed with him that he should be paid the same as others around the State according to the survey he supplied. He stated he asked Human Resources to conduct a survey; it points out that Mr. Easton is significantly overpaid in comparison to his peers; and the Human Resources survey shows he is not at par with other agencies, and earns a higher salary than most of his peers in the State who have huge responsibilities and significantly larger budgets in comparison to MIRA. He stated out of 13 statewide directors, eight are below Mr. Easton in pay; he is within $1,000 of the salary of the Orlando Director, a Director who has a $5,000,000 budget, a huge responsibility, and a much larger geographical area; and he is within $1,000 less than the Volusia County Director who has redevelopment and other responsibilities with a budget vastly superior to his, over $20,000,000. He stated Mr. Easton received a $5,000 cash incentive plus $5,000 raise last year, both of which are not in keeping with, but in defiance of County Policy; and the huge salary increase and bonus was given at the time when MIRA was in and still is in severe financial trouble. Commissioner O'Brien stated out of 11 agencies, only one director has a contract, according to the survey by Human Resources; the contract with Mr. Easton is not only not at par with other agencies, it is something that very few other agencies even have; and he will move to table the item until he brings it back to the Board in the future for the following reasons: (a) he wants answers to all the legal questions, and quite a few MIRA issues that involve Mr. Easton's performance; (b) there has been no recent evaluation of Mr. Easton's activities; he sent along a copy of his 1994 evaluation, but the contract states he must have a new one for 1995, and that evaluation is not in the package; his last contract raises some serious issues whether or not he should have a contract at all and whether he should be paid $60,000 a year; and (c) the Board needs input from Greg Lugar who is on medical leave at this time to discuss MIRA's operating expenses, the handling of its budget, incremental tax situation which is deteriorating, and Mr. Easton's performance and evaluation which are all interconnected. He stated he wants to defer any action at this time so Mr. Easton's activities can be evaluated according to the MIRA Contract with this Board which in this case may have been ignored. He stated deferring action will not hurt Mr. Easton in any way; he is still employed by MIRA; and there are quite a few legal questions which he submitted to the County Attorney that the Board should have answers to before it makes any recommendations or takes any actions. Commissioner O'Brien stated only one director out of 11 has a contract; and the Board may want to find out why Mr. Easton even deserves a contract before it takes further action, and why Mr. Easton is so special when so many others are not. He stated the Board has a right to make recommendations, but it should not make any at this time; his motion is to table the contract and take no action until the Board has complete and accurate information; and that is a very important part of his motion. He stated the Board needs the appropriate information; he is requesting a variety of legal opinions, whether or not Mr. Easton deserves a contract in contrast to his peers, and to have Mr. Lugar here to discuss MIRA's operating expenses and other issues relating to MIRA, and to explore the contents of the contract.

Chairman Higgs requested Commissioner O'Brien hold his motion until those who wish to speak has a chance to address the issue.

Commissioner Cook advised he will be glad to second the motion when everyone has a chance to speak; there are some real concerns; he has a concern when a private corporation is applying for the maintenance of Waterway Park and at the same time negotiating with MIRA for a development on Merritt Island; that strikes him as strange; and he is unclear on that and does not quite understand it. He stated the same developer wrote a letter that it is going to pull out if anything happens to Mr. Easton; that strikes him as very odd; he would like to know if any MIRA members have any business relationships with that particular development; and if the County Attorney could find that out for the Board, that would be something worth looking into. He stated the questions need to be answered; the legal questions asked by Commissioner O'Brien need to be addressed; and he will support that.

Commissioner Ellis advised there is a signed contract; and inquired if that contract is not valid until it is approved by the Board; with County Attorney Scott Knox responding the issue is there as to whether the contract is valid and pending a recommendation by the Board; and the purpose for MIRA sending it back to the Board is to get the recommendation and eliminate that as an issue. Commissioner Ellis stated he has a copy of a signed contract between Mr. Easton and MIRA; and the time to cut his salary was during the budget hearings. County Attorney Knox advised there is an issue whether the contract is valid in its inception because it was not submitted to the Board for its recommendation; the other side of the coin is it is a signed contract with MIRA, and MIRA could stand liable to Mr. Easton should he decide to pursue any action against MIRA if it decided not to honor the contract. He stated his advice to MIRA was to send the contract to the Board for some kind of recommendation so that the provision is addressed and met; and the contract at that point would be ratified or validated because of the recommendation from this Board. He stated the Board does not have any authority under that contract to say yes or no, but it does have the authority to make a recommendation. Commissioner Ellis inquired what happens if the Board makes a negative recommendation; with Mr. Knox responding under the contract language it does not make a difference.

Chairman Higgs inquired if the statement that Mr. Easton's pay check will not be affected by the tabling is accurate; with Mr. Knox responding yes. Commissioner Ellis stated he does not understand what the Board is after since it is an employment contract.

Commissioner Cook advised the County Attorney can give the Board a formal answer on that; and he is not sure either what it can do since the contract has been executed for one year. He stated Commissioner O'Brien asked important questions legally that the County Attorney needs to formally reply to; and he wants answers to his questions also.

Commissioner Ellis inquired if the questions have anything to do with the contract. He stated he understands the questions about MIRA because he did not want to go out for a line of credit, and he even understands the issue of salary, but that should have been addressed during budget hearings. He stated the Board also needs to know if MIRA is legally authorized to sign a contract with the executive director without the approval of this Board. Mr. Knox stated there is an issue whether or not that is a valid contract at this time; it is not one that can be resolved; but it is one that can be taken care of once MIRA gets a recommendation from this Board. Commissioner Ellis commented even if the recommendation is no; with Mr. Knox responding even if the recommendation is no or the Board makes no recommendation because it was brought to the Board for a recommendation. He stated the issue will be taken care of because the language of the contract does not require a specific type of recommendation, nor does it say what happens if the Board gives a bad recommendation. He stated to guess what the purpose of that language in the contract was for, he would say to get some sentiment from the Board whether it felt Mr. Easton was doing a good job or not doing a good job, and it would act accordingly; and that is probably the purpose of coming back to the Board for a recommendation. Mr. Knox stated as for the issues raised by Commissioner O'Brien in his memo to him, there probably are some issues which would have some impact on the Board's recommendation; so it is probably a good idea that he answers those questions prior to the Board making a recommendation.

Commissioner Scarborough stated there is a contract and a budgetary process; it is inappropriate for anyone to bind the County in the budgetary process because the Board is required to have evening public hearings, etc.; so even though it has a contract that may be in force until next year, they could not have anything that would affect the budget decision process. Mr. Knox stated to the extent the Board has a budget presented with Mr. Easton's salary set forth in the MIRA portion, and it has to make a decision on what millage rate to set, that does have some bearing on what its decision would be.

Commissioner Ellis advised the contract was signed after the Board finished its budget hearing because it is dated September 29, 1995. Chairman Higgs agreed the budget hearings were completed by then. Commissioner Ellis stated if the Board were to make a salary adjustment, it should have done it when it went through the budget; the Board has already defacto authorized MIRA to hand over that kind of salary; it reviewed MIRA's budget; and if it wanted to cut Mr. Easton's salary to $40,000, it should have done it at the budget time.

Commissioner O'Brien advised there are some legal parameters that if the Board makes a recommendation at this time, whether to approve or disapprove the contract, it makes the contract valid; so it should say nothing and do nothing at this time until the problems can be resolved within MIRA concerning the breach of contract it has with the County which says the contract with Mr. Easton has to pass before the Board first before it is approved by MIRA. He stated page 6, paragraph 3.e. of the contract with the County, is part of the problems MIRA has been developing all along; it signed a contract and did not live by it; the paragraph says, "The agency shall submit to the County, prior to the agency approving any contractual services agreement with the executive director, for County review and recommendations to the agency." He stated County review can be the County Attorney, but the word County really means the County Commission; but the Board should not make any comments about Mr. Easton's contract at this time and leave its end of it up in the air for the MIRA Board to resolve.

Chairman Higgs advised Mr. Easton wishes to comment at this time, and she will recognize him unless there is an objection. Commissioner Scarborough stated the Board should allow him to speak; Commissioner Cook agreed, and Commissioner Ellis stated he has no problem letting Mr. Easton speak.

MIRA Executive Director Kurt Easton advised as far as the contract is concerned, MIRA submitted the contract to his supervisor Greg Lugar 30 days in advance of when it was going to be addressed by the MIRA Board, and asked that it be reviewed; it was then submitted to the County Attorney; an Assistant County Attorney made some revisions and those revisions were made and submitted to the Agency Board of Directors for approval; so as far as the Agency is concerned, it feels it met the provisions of the contract with the County. He stated because of Mr. Maxwell's question as to whether or not the County Commission has had an opportunity to review the contract, they said if that is the case and it needs to go to the County Commission, then they will present it to the Board; and that is why the Board has the Agenda item before it today; but they believe they have followed the contract the way it is written. Mr. Easton advised there were several items that were addressed pertaining to salary; the information the MIRA Board used to determine his salary level last year was provided by the Personnel Department which at that time provided the information that the Board has in its package. He stated it was not he who provided the MIRA Board with the information; it was an inquiry by a committee that was established of two Board members to look into the situation; and that is why the recommendations were made. He stated he does not make $60,000; he is paid $58,725; and comparing that in relation to the backup information provided to the Board by Commissioner O'Brien, it is the mean salary of the 13 other redevelopment agencies. Mr. Easton stated there are closer to 75 redevelopment agencies in the State, and why they only have 11 or 13 to compare with is beyond him; he is aware of several executive directors who do have contracts for their services and that is provided for in the Statutes; the agencies have the ability to enter into contracts to hire executive directors; so legally it should be able to do that. He stated it was mentioned that his salary at $60,000 is consistent with the director of Orlando's Redevelopment Agency; the fact is he makes $3,000 to $4,000 less than the assistant redevelopment agency director who does not have budgetary control; and if he had a $5,000,000 budget, the program would have been done a long time ago; so he does not believe the Board can determine actual responsibilities based on budgetary figures. He stated they have been very lean over the last few years; the line of credit situation is built into the revenue side of the equation as much as the expense side; and their operating budget, without the expense of Waterway Park, has been maintained within 3% per annum increase, and several years they had decreases in their operating expenses. He stated this year they have taken on the burden of providing for the maintenance of that park which is 1/3rd of their budget; so that is why they are in the situation that they are in with Sun Bank. He stated Sun Bank is in the memo almost as if it made some hostile action and said MIRA is in default; when that line of credit was written, they knew they could not draw any more money after they drew $180,000 two years ago; that was what the existing condition is; and that is what the Bank approved. He stated the Bank has been on record time and time again saying it enjoyed working with MIRA; MIRA has an open relationship with the Bank; it knows exactly what MIRA is doing and does not have a problem with it; and they are not in serious financial trouble. He stated a lot of the information provided to the Board is erroneous; he will be happy to answer any questions in terms of specifics that relate to the information during the course of the last year to make sure that the record is set straight; so if the Board has any questions, he will be happy to answer them.

Commissioner Cook stated it is important to get the information; and whatever information the Board gets from the County Attorney, Mr. Easton will have an opportunity to review. He stated whether the Board does anything this year or addresses it next year, there are some fundamental decisions on where MIRA is going, has it done its job, does it stay in business, does it sunset, etc.; so they are important questions that need to be answered.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to table recommendations on Merritt Island Redevelopment Agency Executive Director's Contract indefinitely until the Board has all the information together. Motion carried and ordered unanimously.

DISCUSSION, RE: DETAILED DESCRIPTION OF DUTIES AND RESPONSIBILITIES OF ANIMAL CONTROL

Commissioner O'Brien advised he has received numerous complaints about Animal Control, so he put it on the Agenda to make the Board aware of the problem that may be expanding. He stated some are typical complaints; he asked staff to bring back a report on the current services being delivered, the programs, and standards, and to summarize the complaints which they did; but they did not answer in the quality of what the County is up against. He stated a simple request for a cage to catch cats was answered by go out and buy your own cage, so the public feels Animal Control is not performing its tasks; they may be performing their tasks under budgetary constraints, so he is not putting the onus on them; but the Board has to find a better way to serve the public. He stated it is a growing problem; with the growth in population comes the growth in the number of animals; Merritt Island had a problem with rabies; people are upset at the lack of responsiveness by Animal Control; and that is what makes people hate government. He related a story of a man who picked up a dog, called Animal Control to pick it up; had to have his neighbor watch it; the owner of the Condo told him to get rid of it; and he as told if he put it in a cage on the side of the house he would be fined for animal cruelty. He stated he brought the issue to the Board to try and clean up some of the policies or give Animal Control new direction.

Commissioner Cook recommended asking the County Manager to find out what the problem is and come back with a report.

Commissioner O'Brien suggested Mr. Jenkins take a serious look at the types of complaints, not the numbers; and related a story about stray dogs that could have been caught if Animal Control had come out at the time it received the call instead of two hours later. He stated if they only have one truck and cannot patrol from Melbourne to Titusville and back to catch stray dogs, that is a logical answer; but the public should be educated of what Animal Control can do, how far they can go, what kind of equipment and manpower they have, and what expense it creates to the taxpayer. He stated an opinion from Mrs. Britt claims Animal Control did not tell the family to refrigerate the dead animal or that it would be four to five days before they could pick it up; there is a lack of communication; so there may be a communication problem with Animal Control. He stated someone was given a ticket by Animal Control and was told he had to go to Rockledge or Titusville to pay for it when on the back of the ticket it plainly says it can be mailed in with $15.00; so again that is a lack of communication. Commissioner O'Brien stated the members of Animal Control are out of control and should be customer friendly; people complain that they are not doing what they are paid to do; but people do not know how far they can go or what they are paid to do. He stated he sent copies of the complaints he received; October 24, 1995, a man was told Animal Control was closed and to take the cage to the side of the apartments and let the cat go, and if he kept the cat caged, he would be fined $40 for cruelty to animals; it is illegal to let a stray cat roam free; so he call Dave Weldon's office, then Animal Control picked the cat up; so it is pretty bad when a Congressman has to get involved; and they should have just picked up the cat.

Commissioner Ellis stated one man said he lets his dog out at night to chase the cats that are roaming free; so the dog has to be picked up at the same time; Animal Control is basically reactive; and they need to stay that way, because he does not want them to start regular patrols looking for stray animals and picking them up if there are no complaints. He stated the response time may need improvement; maybe there is not enough people; maybe another location at Pineda is needed; but he does not want to get into the pro-active mode where they go out looking for stray animals.

Commissioner Cook advised some of the Animal Control officers take their trucks home overnight and are called out from their residences which is good; and the answer is not more people. Commissioner Ellis stated the Board does not know that until it looks into the situation. Commissioner Cook stated the basic complaint is attitude; and if that is the problem, maybe it is only one individual and not everybody, but being customer friendly can go a long way to helping people if they cannot get out right away to take care of the problems. Commissioner O'Brien suggested a 24-hour line they can call about barking dogs at 2:00 a.m., etc.

Glenn Pinfield, 827 Barbados Avenue, Melbourne, advised he wants to speak on what should be a new duty and responsibility for Animal Control; he is one of the three unidentified people who was arrested Saturday at Wickham Park; they are not unidentified, it was he, Larry Reid who is here today, and Kevin Phillips who could not be here because he had to work; and it is a wonder he still has a job after being falsely arrested by the police for no reason. He stated it is touching to hear the concern the Board has for animals; it would be much more touching if it had that much concern for the citizens of the County; Commissioner Cook talked about being customer friendly; but the Commissioners are not very customer friendly and the police are not. He stated it is a police state they are living in when police can come out to a place like Wickham Park and arrest people for doing nothing; they were playing drums and nobody gave them a warning or said anything all day; and they were there brutalizing people, harassing them, telling them they cannot have amplified music, storming the stage, intimidating people while they were speaking, unplugged the sound system when people were speaking, damaged the sound system, arrested them for no cause, and physically abused him during the arrest. Mr. Pinfield advised he had a 50 pound drum hanging from his waist and three persons from three different agencies picked him up; he found it interesting that the Sheriff, Melbourne police, and park rangers were all there together; it sounds like a conspiracy; they picked him up with the drum that continued to bang around his body, and carried him out and intentionally twisted and yanked his arms as much as possible even though he told them that is what they were doing; and they never told them they were under arrest or why they were under arrest, and threw them in the back of a car that was sitting there for hours with no air conditioning so they could barely breathe. Mr. Pinfield stated they were charged with trespassing even though they were never warned that they were trespassing on public tax-supported property at a public park where hundreds of people were; their band Life Blood was singled out; they were playing acoustic drums and not bothering anybody; there had been other people there playing all day; but they were singled out and arrested. He stated they were taken to the Government Center then sent to Sharpes for the night; the main reason he came here was to tell the Board what the new duty for Animal Control should be; the Board should turn over the prison system to the Animal Control staff because he is sure they treat animals better than people who are in Sharpes. He stated the people were treated like animals; they were denied counsel; and the whole time they were arrested, they were not allowed to speak to anyone. He stated they were denied medical attention, they were not fed properly; they were deprived of sleep and were not let to sleep all night then forced into court the next day and told they could not say anything; they were abused in the middle of the night; they took him and threw him in a cell of about 7 feet by 12 feet with two other people already in it; and he had a mat to sleep on next to a toilet. He stated they came around and kept them awake all night and harassed them; the place is run like a Soviet Gulag; it was freezing and everybody walked around with blankets all day; but they were forced to leave the blankets before going to arraignment. He stated they were supposed to go for arraignment and actually know what was going on. Mr. Pinfield stated the Board should turn the prison over to Animal Control because they would do a better job; he would like to see an authority higher than the Board come in and close the prison down immediately because of cruel and unusual punishment; and the Board talked about having an agency oversee Animal Control and tell people what they supposed to do and how far they can go, but it should have an agency to oversee the Board to find out if it is actually following the U.S. Constitution because it obviously is not. He stated they have a right to be in a public tax-supported park and speak their mind even though the Board does not agree with their policy; he did not see a law that said they are not allowed to play drums; they were basically charged with a political crime; and their rights were abused. He stated since they did not follow orders blindly as they were expected to do, and because they were not told what their rights were, they were supposed to follow whatever they said; and inquired what kind of nonsense is that. He stated since they did not do what they said, they were added another charge which was resisting arrest peacefully; they were charged with political crimes; and if the Board has any sense, it will see that those charges are dropped immediately.

Larry Reid, Jr. advised he has personal first-hand experience with Animal Control agencies as well as the prison system recently; and he agrees with his associate Mr. Pinfield that Animal Control people could probably do a lot better job than anybody sitting here or in that prison system as far as treating people humanely. He stated dogs and cats get blankets to sleep on and good reasonable food; and they are in a place where they have a reasonable amount of comfort, silence, and the ability to sleep when they want to. He stated animals have more freedom than anybody who is incarcerated for any reason in the jail in the Government Center as well as the Sharpes facility, as they were treated worst than animals; so Animal Control should be in charge of the jails.

Commissioner O'Brien advised Bambi Batten sent him a fax that euthanasia is performed on 17,000 animals a year at no cost to the owners and perhaps there should be a license fee of $100. He inquired if that figure is accurate; with Assistant County Manager Joan Madden responding it is close. Commissioner O'Brien stated part of the solution could be a fee when they buy tags to compensate Animal Control; the County is growing and has problems with animals; a lot of owners are irresponsible about their pets; and maybe they would be more responsible with a higher price tag. Ms. Madden advised the dollars that accrue from the sale of license tags helps to support Animal Control. Commissioner O'Brien inquired to what extent; with Ms. Madden responding close to $400,000 a year. Health and Social Services Director Jasper Trigg advised the revenue collected from the sale of tags constitutes about one-third of the total budget and is close to $385,000. Commissioner O'Brien inquired what is the total budget; with Mr. Trigg responding one million plus dollars. Commissioner Cook inquired what is the cost for a tag; with Mr. Trigg responding $10.00.

Commissioner Ellis requested information on the arrests at Wickham Park be sent to each Commissioner. Ms. Madden stated as far as the rangers are concerned, she can do that, and she will coordinate with the Sheriff's Department. Commissioner Ellis suggested setting up a two-tiered license fee, with a certain fee for a neutered pet and a higher fee for a pet that is not neutered.

Chairman Higgs inquired what percentage of pets are actually licensed; with Ms. Madden responding the last time she heard that number it was about 26%, so they have about 74% of pets unlicensed. Commissioner Cook stated a lot of people do not license house pets, and there are other reasons.

Commissioner Scarborough stated people get very excited over animals; the cat cage issue is perplexing because people feel like they are doing the County a service by capturing the cat; and imposing on them to procure a cat cage seems preposterous to them. He stated he fully supports looking into this issue because it is something their constituents want more answers on.

Commissioner O'Brien stated Orlando tried to pass an ordinance about animals and the room was packed for every hearing; and he is trying to find a solution to bring forth.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to direct the County Manager to investigate and report on the Animal Control situation in general, types of complaints, attitude of personnel, being customer friendly, education, training, communication, two-tier license fee for neutered and non-neutered pets, and the possibility of increasing tag fees. Motion carried and ordered unanimously.

DISCUSSION, RE: CITIZEN BUDGET REVIEW COMMITTEE LISTING OF BUDGET ISSUES TO BE ADDRESSED FOR THE 1995-96 FISCAL YEAR

Chairman Higgs advised the Board received a letter from the Citizen Budget Review Committee asking the Board if it had any input on priority list of issues; and they would appreciate those by November 27, 1995. She stated those can be individually sent in or the Board can discuss them at this time. Commissioner Cook indicated it would be best to send them individually; and Commissioner O'Brien agreed.

Glenn Pinfield, 827 Barbados Avenue, Melbourne, recommended the Board list as budget issues, (1) County Commissioners' salaries be de-funded, and (2) the funding for jail at the Government Center and Sharpes be de-funded. He stated a lot of people in those facilities have never been convicted of crimes; they are there before they have been to trial; and they are treated very poorly regardless of why they are there.

Larry Reid advised he does not believe Commissioners O'Brien, Cook and Scarborough should make any recommendations to anything on any kind of budgeting until they are held accountable for the fact that they are discriminating against the American people about who they are allowed to give permits to; they discriminated against them illegally; so those three individuals should not be allowed to do any kind of budget recommendations at all until the people know where they come from, where their stance is, and if they are speaking for the people or their own personal agenda. He stated he does not want anyone speaking for his or her own personal agenda sitting on the Board.

Commissioner Cook stated he takes exception to that.

Chairman Higgs stated the Commissioners will send individual recommendations to the Committee.

DISCUSSION, RE: REVISION OF COUNTRY ACRES ORDINANCE NO. 89-27, SECTION 2, APPOINTEE REQUIREMENTS

Chairman Higgs advised Commissioner Ellis' recommendation is to delete the residency; and she will support that.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to direct the County Attorney to prepare an ordinance amending Ordinance No. 89-27 regarding appointee requirements for Country Acres Advisory Board, to remove the residency requirement, and bring it back to the Board.

Commissioner Scarborough stated it is in District 1, but serves the entire County; it is important to have people who have concerns about the young people and it may be more convenient for a person in the North area to be involved, but the entire County should be involved; so if someone in Micco wants to make the drive, they should be involved. He stated Country Acres has played a significant roll and a positive roll in what it has done for young people.

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

DISCUSSION, RE: USE OF HURRICANE FUNDING

Commissioner Ellis advised $300,000 came from Department of Labor to the State and then to the County after the storm; it was for temporary employment relative to disaster relief activities; it has never come before the Board for a decision; so he does not know how the money gets allocated or where it gets allocated. County Manager Tom Jenkins advised the County was approached several months ago at the time of Hurricane Erin about the Program; they took some positions specifically for Solid Waste; they looked at it for Road and Bridge and other County agencies that could use the help; and there were some constraints on what they could use that funding for. He stated the manner in which the County used it was in accordance to what it was told; and he will put together a summary report for the Board to show where the funds were used at to date. Commissioner Ellis inquired if all the money has been spent; with Mr. Jenkins responding it was shared with the cities as well.

Joe Robinson, representing Brevard Workforce Development Board, advised the State representative came to Brevard County and spoke to several people about the amount that was being allocated; the initial funding for restoration because of Hurricane Erin was $211,000 within the first week they received about 43 requests for funding under the program; and they budgeted out the $211,000. He stated they went back to the State after five weeks into the Program and requested another $100,000; and that request was approved. He stated all the money has not been totally expended; the State monitors expenditures on a weekly basis; and they have to send a weekly report to the State on the expenditures of those dollars. Mr. Robinson advised the budget is extended over a six-month period, and all expenditures are based on those dollars; and each agency that requested assistance under the program gave a time and what they needed the manpower for.

Commissioner Ellis stated when he got the letter it was two months after the Hurricane; and the Board never discussed how much funding was available and where it would go. Mr. Robinson advised the State requested the funding from the federal government; it originally requested ten million dollars but did not get it; then it was directly proportioned to all the counties affected; and Brevard County's portion was $211,000 originally.

Chairman Higgs advised the Workforce Development Board worked with municipalities and the County to place people in various temporary positions and is totally responsible for those dollars; with Mr. Robinson responding that is correct, and those employees are their customers. Mr. Jenkins advised Mr. Rabon came to the Board for permission to hire people to keep the disposal sites open later; and rather than hiring anyone, they used the people under the Program to assist in Solid Waste. He stated Road and Bridge was going to look at using people for canal work; he does not know what the outcome of that was; but they attended a meeting to see if they could use those people for drainage work.

Commissioner Ellis stated $300,000 is a lot of money to spend over a short period of time; and two months worth of employment for $300,000 is a lot of people. Mr. Robinson advised they are paying each employee $7.50 an hour for a 40-hour week; they have hired one coordinator for the program; and they have approximately 30 employees to date. Mr. Jenkins advised the Workforce Development Board can tell the Board where they used people and staff can tell the Board where they used people. Mr. Robinson stated he sent paper work to the County showing where all the employees are. Commissioner Ellis stated 30 people is only $40,000 a month; with Mr. Robinson responding a certain percentage is taken out for administrative cost and they also fund supplies, equipment rental, etc., not just salaries. Chairman Higgs inquired if Mr. Robinson could summarize what was done with the money that came into Brevard County through the Emergency Grant; with Mr. Robinson responding absolutely. Commissioner Ellis inquired what happened to it and what is left; with Mr. Robinson responding the paper work he faxed to the County tells exactly what happened; and if Commissioner Ellis wants more precise figures for today, he can run the computer and give those today dollar values of total expenditures. Commissioner Ellis stated if there is anything left, the County needs to apply to get money for workers to clean up. Mr. Robinson advised any employer qualified under the Program can call his office and they will see about getting employees to them. Chairman Higgs inquired if the Board wants the County Manger to see if there are additional employees; with Commissioner Cook responding yes, for cleaning the ditches and other things. Mr. Robinson stated if they are eligible under the program, he can recruit customers to get out there to assist them with a particular activity.

Commissioner Ellis stated the Board will get answers back and put it on the Agenda to find out where the money went and where it is going. Chairman Higgs stated the Private Industry Council got the money; it did not come to the Board; and the Workforce Development Board serves as the government entity with the workers. Commissioner Ellis stated he assumes the government agencies have to apply to PIC for employees; with Mr. Robinson responding that is correct, and all they have to do is give him a call and he will send the County as many employees as it needs. Commissioner Ellis stated he never saw an application; with Chairman Higgs responding the money went to PIC, so why would the Board see any applications; she received the letter that PIC had the money; and the County applied to them. Mr. Jenkins advised the Workforce Development Board approached the County and asked if it can take some individuals to do emergency clean up work; staff said yes, and individual departments submitted vouchers directly to them and they sent manpower out with materials and whatever they needed to do their jobs. Commissioner Ellis stated $300,000 is a lot of money, and he wants to know where it went; with Mr. Robinson responding it has not gone anywhere and is paying the week-to-week salaries of those individuals. He stated the paper work he sent to the County outlines that. Commissioner Cook stated if there are additional people, the County could use them for drainage and other things.

Chairman Higgs inquired if Commissioner Ellis is concerned that she did not bring the letter to the Board; with Commissioner Ellis responding no, his concern is the Board did not meet and decide on the money, because when he read the letter, it was that the money was granted to the County. Chairman Higgs stated it was not, and was granted to PIC. Commissioner Ellis stated it is to serve individuals affected by the Hurricane, so it is not just PIC, but to serve those individuals; and they are going to put in temporary employment. He stated there are only a handful of government entities affected, Brevard County, Melbourne, Palm Bay, and other cities; and $300,000 over a short period of time puts an awful lot of employees out there. Commissioner Cook stated it is a legitimate question and has nothing to do with the letter not coming to the Board. Chairman Higgs stated Commissioner Ellis said he did not see it come to the Board; in her receipt of the letter as Chairman, she saw no action that would have been appropriate for the Board to take; the County Manager was working with PIC; PIC received the money; the County requested employees; and it all seemed to be working together. She stated she did not see any action for the Board to take since it was not receiving the money; and that is why she did not bring it to the Board. She stated the County was using employees and in essence were receiving some of that money; but it was not the grant recipient. Chairman Higgs asked Mr. Robinson to send to the County Manager for distribution exactly where the people have worked, what municipalities have hired them, etc. Discussion continued reiterating previous comments.

DISCUSSION, RE: ESTABLISHMENT OF HAZARDOUS WASTE DISPOSAL FACILITY AT SARNO LANDFILL

Commissioner Ellis advised a complaint has come up a few times about no hazardous waste disposal facility at Sarno Landfill; the current situation is one day a week in Cocoa; and other than that, people have to keep the waste around their houses until the County has a household hazardous waste roundup. He stated if the Board does not want people to dump hazardous waste in garbage cans or down storm drains, it needs to have a facility at Sarno, Titusville, or wherever for at least one day a week; but they do not need someone 40 hours a week.

Chairman Higgs advised the estimate says $119,800 is needed to fund the construction of a temporary household hazardous waste collection center; with Commissioner Ellis responding it is $50,000, and he does not know what the $65,000 is for. Solid Waste Management Director Richard Rabon advised if they man and open a facility at Sarno and advertise it for a particular period of time, in this case one day a week, the volume will increase; and over a year's time it would cost $65,000 in additional disposal.

Commissioner Ellis inquired if the Board wants to pick up hazardous waste or have people dump it down the drain. He stated the only true additional cost is $50,000 because the $65,000 is if people turn in more hazardous waste. Commissioner O'Brien stated it will cost $26,000 for the technician; with Commissioner Ellis responding no, because the technician is there only one day a week, and the $26,000 is to add a person who will spend most of his time in Cocoa. Commissioner Cook inquired who is at Cocoa now; with Mr. Rabon responding they have a hazardous waste facility at Cocoa that is operated one day a week, Wednesdays; they have a position that is not filled currently, but is being filled which will enable staffing the new household hazardous waste center at Cocoa for more than one day a week; but it will not be that technician's only duties. He stated they could take that same person and use him part time in Melbourne; so they will have one individual who will be splitting his time between Cocoa and Melbourne plus his other duties. He stated if the Board wants to expand the service to more than one day a week at both places, they would have to hire an additional person at $26,000 including fringe benefits; but if it does not and wants to go with the current staff, it will cost approximately $50,000 to get set up and in operation in Melbourne. He noted the $65,000 for the first year may be debatable, but it can get expensive fast; and if people start coming in there, they have to have money to pay to move the waste out. Commissioner Ellis advised the $65,000 is a cost benefit question; is it worth the cost to take the hazardous waste out of the waste stream; and if not, why is the County doing the program at all.

Commissioner Cook advised it is a good idea to have storage at Sarno, but if the Board wants to look at doing it, he wants to use the person currently in the position and split the time between Cocoa and Sarno and not hire a full time person for Sarno.

Commissioner O'Brien inquired if the County can acquire a used 40-foot trailer, and divide it into five major categories the same way they do to carry the waste from the roundup sites to the disposal area, rather than build a site at $52,000. He stated they could separate the chemicals and not have a problem; and if the technician is properly trained, he will know what chemicals do not mix. He stated they can be stored in 55-gallon drums and set on cement pads separated by berms. Mr. Rabon advised the chemical storage building is a self-contained structure which has a dry chemical suppression system in it; it is double floored to contain any spills; and he is not sure the Fire Department would let them operate without some sort of fire suppression system built into the building. He stated they can train someone, but one accident and the whole thing can blow up and cause a significant problem; however, if there is a cheaper and safe way to do it, he would like to do it. He stated they have several quotes, and the figures given to the Board for that type of building is about the average costs. Commissioner O'Brien stated 90% of the waste brought in at roundups are common household paints; if people had used them it would not have ended up in the landfill to begin with; and they could splatter the paint on the walls and when it dries, it is no longer hazardous. Mr. Rabon advised most of it is not hazardous waste, so they do not put them in the building; they bulk the paints and put them in barrels which are stored under a shed or outside; but the building is for pesticides and other reactive materials that are required to be stored out of the weather. Commissioner O'Brien stated they are only allowed to store for a specific period of time and must dispose of the waste; and inquired what is the time limit; with Mr. Rabon responding 90 days. Commissioner O'Brien inquired how big is the storage building at $30,000; with Mr. Rabon responding it is not very big, about 10 feet to 12 feet wide and 30 feet long. Commissioner O'Brien stated he can build a house for $30,000.

Commissioner Cook stated he does not have a problem looking at it, but wants the final contract for the building to come back to the Board. Mr. Rabon stated he has an armful of quotes now, but they will take bids on the building. Commissioner O'Brien inquired why is a building needed when there are storage bins that can be purchased to store outside and fire suppression units like they have on boats. He stated when he was chairman of the hazardous substance committee, they could not find a good reason to do this, but it has been a few years ago, and times have changed.

Mr. Rabon advised if the Board is going to collect hazardous waste, it should do it properly so it does not have problems with the transfer station; they do not have room there now and have to prepare a site, so if there is a spill they can clean it up; and it is a good idea to have electricity there and a fire suppression system and other things needed to make it safe. He stated they can pour asphalt and stack them around and maybe get away with it for a while and maybe not, but some of the things are required to be under cover; and they have to cover lead acid batteries and things like that by law. He stated there is a lot of regulations that go with handling of hazardous waste.

Commissioner Cook inquired if there is a need for it at Sarno and if Mr. Rabon recommends it; with Mr. Rabon responding yes; they recommend it be a part of the new transfer station there; it will be a part of the new facility in North Brevard which is already under construction; and the Central facility has a new facility under construction which will bring those materials from the North and South and hold them there until they can be bulked for truckload shipment; but he sees Commissioner Ellis' point. He stated they had facilities at Road and Bridge Districts for used oil and they turned into hazardous waste dumps and had to be discontinued; they do not want to transfer that problem to the Transfer Station; so they need to spend money to accommodate what they are going to do in a safe way. Commissioner Ellis stated money is already being spent for roundups, and with the disposal facility they will not have to do roundups; with Mr. Rabon responding yes, eventually they will move away from doing those; they may not have to do any or as many and can target outlying areas on the beaches and where people cannot get to the centers; so in the long run they would not spend much more money than what they are doing now and will have a more convenient facility for people to come to when they want to rather than waiting six months for a roundup.

Commissioner Cook inquired if the Cocoa facility is used a lot; with Mr. Rabon responding yes, people line up there to use it. Commissioner Cook inquired if Solid Waste funds would pay for it; with Mr. Rabon responding yes.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to direct Solid Waste Management Director to develop a more comprehensive proposal for the collection of hazardous waste at Sarno Landfill, including an identified funding source, and bring it back to the Board for approval. Motion carried and ordered unanimously.

DISCUSSION, RE: RELOCATION OPTIONS FOR USE OF ROCKLEDGE COURTHOUSE

Commissioner Ellis advised Court Alternatives is a court-related and social service-related agency; it can do its job better if it is at the Government Center; the Justice Center, Courts, and Clerk will be at Viera; and it will make more sense to have Court Alternatives also located at Viera rather than Rockledge Courthouse. Chairman Higgs inquired if Commissioner Ellis has a motion or specific action he wants; with Commissioner Ellis responding yes.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to direct Facilities Management Director to investigate the possibility of space allocation at the Government Center for Court Alternatives. Motion carried and ordered unanimously.

The meeting recessed at 3:10 p.m. and reconvened at 3:21 p.m.

DISCUSSION, RE: PROCURING RELEASE FROM FAA OF HABITAT AT VALKARIA GOLF COURSE PROPERTY FROM VALKARIA AIRPORT PROPERTY

Commissioner Ellis advised the Board had a letter dated August 24, 1995 that it may be able to release certain parcels not needed for airport purposes; and that description matches the golf course. He stated he does not understand the second letter he got in his package and how the value would stop the Board from requesting a release, because if a deed restriction is put on the release of the property that it is to remain as a golf course and not be built upon, then it would not matter whether it is a County-owned or privately-owned golf course surrounding the runways. He stated the property is not needed for airport expansion. Chairman Higgs stated whether FAA or Congress is ready to say that, the Board does not know; with Commissioner Ellis responding the Board will not know until it applies for a release.

Commissioner O'Brien advised the FAA letter of August 24th says in covenant 2, "Any interest shall be maintained for the use and benefit of the public at all times in good and serviceable condition"; and #3 says, "No property shall be used, leased, sold, salvaged, or disposed of by the party of the second part"; and those are the two covenants the Board is trying to get rid of. Chairman Higgs inquired if Commissioner O'Brien has the September 27, 1995 letter; with Commissioner Ellis responding he did not receive it until yesterday; Commissioner Cook responded he received it after 5:00 p.m.; and Commissioner Ellis stated it says the property lies within runway protection zone (RPZ) for Runway 27/32, and FAA generally considers RPZ land as necessary for airport purposes." He stated it is a clear zone area and no structures should be put in that area; so if there were deed restrictions on the sale of the golf course that they will not build in the area and it will remain a golf course, then it would not matter who owns it. Chairman Higgs advised the second paragraph states, "Please note that even if the property were outside of the RPZ and not needed for aeronautical purposes, it would have to be demonstrated that sale of the property at fair market value would provide greater benefit to the airport that continues to lease the property." She stated they are looking at fair market value for the property as well as what would be best for the airport. Commissioner O'Brien stated the sale would benefit the airport. Commissioner Cook stated it would provide greater benefit to the airport than leasing of the property. Commissioner Ellis stated the County pays the airport $50,000 a year for the golf course property; and if the golf course is sold, the Board could retire the debt and give the remainder to the airport. Commissioner O'Brien inquired what would happen if the Board did not maintain the golf course and shut it down; with Commissioner Ellis responding it would still have to make the debt service payment, and the airport would be out $50,000 a year.

Joseph Pivowar, 3725 Valkaria Road, Valkaria, advised he has lived in Valkaria over 23 years, has been part of the Valkaria Airport process for all the time he has lived there; and has researched a lot of information over 15 years, investing his personal time. He stated the recommendation to release the property to the County for a park is one of the initiatives he has tried several times; the Valkaria citizens have been involved in the governmental process for over 20 years, serving on planning boards, advisory boards, and researching data; and they completed the Small Area Study which will come to the Board at the next meeting, trying to make sure the community stays compatible with the rural residential quality and realizing it is one of the last areas of that nature in Brevard County. He stated they had a vision for the airport that would not cost the County money and very low maintenance with the property not being developed; but previous Boards decided something had to be done and the golf course was one of the alternatives that would provide a twofold purpose, one being the lease money to the airport for maintenance; and that is what the covenants say. He stated the money has to go into the airport fund and used at that airport, not any other airport; that is the way the system is set up; they had hoped the golf course would show a profit in the long-term, but realized there were some problems fundamentally; and play has been down because of rain and hurricanes. He stated with the introduction of the Enterprise fund tying together the golf course with Savannah's and Spessard Holland, the Advisory Board was taken out of the loop; and they could have impacted the golf course so that it could be more profitable to the County. Mr. Pivowar advised the big issue for them is the fact that so goes any airport property, so goes Valkaria; they have a railroad track that runs through the area and leads to an industrial complex which has three facilities already and a potential for over 20% of the County in heavy industrial use; Valkaria is only a four-mile area; and their concern is releasing or dicing up the airport property will leave them losing any impact or control. He stated the County would like to have all the covenants gone and say it will remain a golf course by a private individual, but five years later they could be confronted with property rights issues for a developer to turn it into something else. He stated Melbourne leased its golf course out and the lessee let it deteriorate, so the City had to put a lot of money into it; and they do not want to see that for the County. He stated they want the Habitat to be profitable; people who are serving on the advisory board have worked for two years to get Audubon rating for the golf course so it will become more lucrative; the Board inherited the problem of the airport and golf course from previous boards, so it is dealing with today's problems; but they have been involved for over 15 years and want to stay in the loop no matter what it will be. Mr. Pivowar stated they want to be a part of any effort and want to make sure they do not get cut out of the loop; they have a vision for Valkaria, the golf course, and airport to make it a show place in Brevard County; he is here today to remind the Board of those facts; and personally he has invested over 20 years in the area and does not want to see it deteriorate.

Commissioner Scarborough inquired if Commissioner Ellis wants to get more information on the effect if the golf course is sold and what the Board has to do; with Commissioner Ellis responding he understands Mr. Pivowar's concern, but the City of Palm Bay is adamant about building a golf course and is going to do it no matter what numbers are presented to it. He stated it will cost the County money, but it will cost the City a lot more; and it will probably take about 5,000 rounds a year from the County course. Commissioner Scarborough stated to get clarification of the September 27 letter and the impact of it should not be an imposition on the Board at this time. Commissioner Ellis stated the County could get deed restrictions on the sale. Commissioner Scarborough inquired if Chairman Higgs has a problem with getting more information on the September 27 letter.

Chairman Higgs advised she is interested in seeing the Small Area Plan that is coming before the Board; the County headed down a positive path with the airport and golf course and the community worked together; and her concern is the Board does not have a handle on the impacts the release could cause. She stated she wants the citizens who live in the area to continue to have input in the process; with the data she has, she is not ready to sell the golf course; and she wants to see what happens at least for a year with the new management. She stated the County has invested significantly in the golf course; she wants to see if it can turn around and be a positive for the community; and if that can happen and the airport continues to provide some recreation, the community as a whole will benefit. She stated she is not ready to ask for a release from FAA or Congress or to sell the golf course today; and all of that is not where she wants to go at this time. Commissioner Ellis inquired what does it matter who owns the golf course if it remains a golf course;with Chairman Higgs responding it matters a lot in terms of what direction it is going. She stated it is her hope that the County can run the golf course in a productive manner and the revenue from the course contribute to the area for development of other opportunities for the citizens in terms of passive and active recreation. Commissioner Ellis stated that is what they all hope, but that has not been the case; and when Palm Bay builds its golf course, there will be additional rounds of golf the County will lose. Chairman Higgs stated she believes proper management and maintenance of the course and more aggressive marketing can make it a show place golf course; and it can make money and contribute to the community and citizens of Valkaria.

Commissioner O'Brien inquired how much of the property belongs to FAA; with Chairman Higgs responding all of the 600 acres and the golf course is 200 acres. Commissioner O'Brien stated the FAA does not want the County to sell the property; perhaps there is a legal way to lease the business not the land of the golf course and maintain ownership; and suggested Mr. Knox look into that. Commissioner Ellis advised there was a tax issue problem when the Board looked at leasing the golf course. Commissioner O'Brien stated the Board could lease the business and not the land, and part of the lease would be that they must care for the land. Chairman Higgs stated the County already contracts the maintenance operation. Commissioner O'Brien stated he is talking about leasing the whole thing to a golf company at the cost of the indebtedness; and when it is paid off, the lease cost could be reduced. Commissioner Scarborough stated bond counsel said there would be problems with the bond.

County Attorney Scott Knox advised the issue was whether the tax free bonds would become taxable because of the private interest involved; and that would not change under the scenario of leasing the business, although he can look into that.

Commissioner O'Brien inquired what is the tax free bond costing the County, and what would happen to the bond; with Mr. Knox responding the tax-free interest people have been earning will become taxable. Commissioner O'Brien stated the County could sell the bond and get another one to get around the problem; with County Manager Tom Jenkins responding there was also a question about the past interest as well as the future; with Mr. Knox responding he is not sure what will happen to the interest they have earned and whether or not it will become taxable as a result of leasing the business. Commissioner O'Brien stated if the bond is sold and a new one issued it would not be a problem; with Mr. Knox responding if they can defease and refund the bond that would not be a problem.

Discussion ensued on the bond issue, lease of the business, FAA release, lease payments to the airport, sale of the golf course, and pursuing release of the golf course.

Mr. Jenkins stated he is not advocating anything, but if there are three Commissioners whose first preference is to sell the golf course, the cleanest way is to ask FAA to release it and include some benefit for the airport in the transaction. He stated the second way would be refinancing the bond as suggested by Commissioner O'Brien.

Commissioner Cook advised it is a complicated deal; he wants scenarios to come back to the Board or be sent to each Commissioner; the Board may find it is not feasible; and Chairman Higgs wants to wait to see if it becomes productive. He inquired what is Commissioner Ellis advocating today; with Commissioner Ellis responding that the Board get serious about selling two golf courses and pursue the legal avenues to see exactly what hoops it has to go through to sell them. Commissioner Cook stated the County Attorney needs to come back with options. Commissioner Ellis stated someone needs to contact FAA and negotiate restrictions that would allow the property to be released. Chairman Higgs inquired how will they replace the income for the airport; with Commissioner Ellis responding put it in the sale conditions that whoever buys it will pay $50,000 a year to the airport. Chairman Higgs inquired if the revenue from the sale of the golf course would go to the airport; with Mr. Jenkins responding not all of it because there is a four million dollar bond issue to pay off.

Chairman Higgs stated she is not interested in selling the Habitat at this point. Commissioner Ellis advised the County is losing $300,000 a year; and inquired how many years will it throw away money before it takes action. He stated Palm Bay's golf course is a serious threat; it will be built less than five miles from the Habitat; and it will have an effect on play and cause a loss in revenue. Chairman Higgs advised investing the kind of dollars that were invested in the Habitat, and looking at a loss for several years, it is not good business to dump that kind of asset without considering the long term; the Habitat will be a money maker; the County has a service agreement that will get it in the kind of shape that it should be; and because it is a great course, it will make money.

Commissioner Cook stated there is a distinction between the Habitat and Savannahs; Habitat is in better shape and people like playing it; but it is the opposite at Savannahs. Chairman Higgs stated Habitat is a beautiful winner of a course with a good layout and design; there is no reason it will not make money; a lot of investments lose money for a few years; and to dump it before it is given a try is not right. Commissioner Ellis inquired how many years will it lose money.

Commissioner O'Brien stated he partially agrees with Commissioner Ellis and sees Chairman Higgs' point as well; there is a solution; and the Board can direct staff to pursue the capability to sell the Habitat and not return to the Board until October, 1996 with that information and document saying the County can or cannot sell it, and have the bond issue laid out. He stated at the end of next year it may be making money and the County may decide it does not want to sell it; but if it goes deeper in debt, it could say it is time to cut out, and it will have all the information to evaluate what will happen. Commissioner Ellis stated a decision needs to be made before adopting the budget; with Commissioner O'Brien responding they could come back in September. Commissioner Ellis suggested by July it will have three-fourths of the revenues from the golf course and the best three quarters. Commissioner O'Brien stated he wants to give Chairman Higgs as much time as possible to see if the golf course is successful and if it can be, and direct staff to pursue all available interest to change the covenants and bond, what routes the Board can take, and give it good options and be ready to go. He stated the letter says no and the Board wants to change it to yes; it may take a year to get pass the paper work; and in the Fall of next year, the Board will be able to see if it is working or not. Commissioner Ellis stated the Board needs to look at both courses.

Motion by Commissioner O'Brien, seconded by Commissioner Ellis, to direct staff to pursue all efforts with FAA on the bond covenants so that the Habitat at Valkaria Golf Course could be sold if the Board desires, and everything that needs to be done to bring the issue to fruition; and the issue be scheduled on the Agenda for the last meeting in August, 1996.

Commissioner Ellis inquired if the Board wants to pursue the Savannahs the same way; with Commissioner O'Brien responding they are pursuing Savannahs the same way. Chairman Higgs advised the motion is to have staff explore how it can be done and bring it back in August, 1996. Commissioner O'Brien stated if they change FAA's mind between now and August, 1996, then the Board can make a decision to keep or sell the golf course; and if it wants to sell it, then everything should be in order to proceed with the sale. Commissioner Ellis stated they can go into negotiations with FAA to see if it can be sold and under what restrictions, or if it can be turned around. Commissioner O'Brien stated if it is turned around, then the Board may decide not to sell it, but all the paper work should be in place.

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

DISCUSSION, RE: CONCEPT OF SOUTH BREVARD/NORTH INDIAN RIVER COUNTY PLANNING COUNCIL

Commissioner Ellis advised Mr. Dowling is here from East Central Florida Regional Planning Council; a letter came in from the Planning Council in October; and he asked Mr. Jenkins to copy everybody and bring it before the Board to see if there is an interest to set up a sub-regional planning council with Indian River County. He stated he does not know if there was contact about the south end of Volusia County. Commissioner Scarborough stated it said concept of South Brevard and North Indian River County, so he was in the process of contacting Christmas and Oak Hill to set up his own alliance.

Chairman Higgs stated she does not know why the Board wants to do that; with Commissioner Ellis responding Brevard County has been with the Regional Planning Council for several years; and there were no projects that were not in Brevard County that affected Brevard County. He stated the project that most affects Brevard County is Disney's development in Indian River County; and the Board has not seen anything on that. He stated what happens in Orlando and discussing a downtown office complex or shopping space is meaningless; but when things happen in Sebastian, Roseland, North Indian River County, and Wabasso it is important to Brevard County. Chairman Higgs stated it could join the Treasure Coast. Commissioner Ellis stated he talked to Indian River County, and its concern is being taken over by Palm Beach; it has the same problem Brevard has with Orange and Seminole Counties; and maybe Brevard could form a council with Volusia, Indian River, Martin and St. Lucie Counties. Chairman Higgs stated the Board should consider if it needs a planning council, and form one that is meaningful; but a sub-regional council does not make sense. Commissioner Ellis stated that is an option the Planning Council presented.

Commissioner O'Brien stated the County is paying $95,000 a year to East Central Florida Regional Planning Council; he talked to Peggy Busacca who did research and wants to give the Board a report; she cannot do it now, but can come back to the Board in March or April, 1996 with a plan of why it should or should not do it, and how it can be done. He stated he would like to bring it back to the Board with Ms. Busacca's report in March or April, 1996. Commissioner Cook inquired if there was prior direction of forming a Brevard County Council in cooperation with the cities; and stated that is another option the Board needs to look at. Commissioner Ellis stated he is presenting the concept that was brought in from the Regional Planning Council.

Commissioner Scarborough stated if the Board is considering Indian River County, it would be advantageous to touch base with Volusia County. He stated he has a problem if it gets into a council that will include Palm Beach because Brevard County is tied into the Disney World Complex and Orlando Complex much more; and it met with Osceola County on U.S. 192; so its ties are with those inland counties much more than Palm Beach. He stated it would be nice to have Brevard County as the center county if the Board is going to do that. Chairman Higgs suggested staff look at the option of forming a council with Volusia and Indian River Counties.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to table the concept of South Brevard/North Indian River County Planning Council until April, 1996, to be discussed in conjunction with a report from Assistant Growth Management Director Peggy Busacca; and direct staff to incorporate various options, including formation of a Brevard County council with municipalities, membership in the Treasure Coast Council, and formation of a council with Indian River and Volusia Counties. Motion carried and ordered unanimously.

Aaron Dowling, 1011 Wymore Road, Suite 105, Winter Park, representing East Central Florida Regional Planning Council, advised he talked to Commissioner Ellis who voiced concerns on impacts to Brevard County and the need to create another agency to look beyond the scope of Brevard County and focus on the upper St. Johns, and SR A1A north and south of Sebastian Inlet. He stated the skills and fortes of the Regional Planning Council are to be able to put together combinations of participants and stakeholders to get together and focus on issues of common concern; and that is the most expedient way of doing it and most cost effective way. He stated the Board needs to remember it has an investment in the Regional Planning Council; the funds it puts in each year goes to equipment, technical resources, and staff capabilities to deliver to the County the kinds of assistance it needs; but for that to happen, the Board has to task them to do it. He stated they stand ready to do that; when Commissioner Ellis said there are things on his mind and here is a way to deal with it; it can be done fairly quickly and probably most cost effectively. He stated if the Board does start its own regional planning council it will start from scratch and with an agency that is basically a stand alone agency; it has to carry all expenses; and it will end up being a lot more costly potentially to go that route than to use the existing agency that is already sufficiently staffed and has contacts with other agencies in the area that it can pull together a focused group from to deal with the issues, and bring back recommendations to the appropriate counties. He stated just to look at the Upper St. Johns area includes Indian River, Okeechobee, and Brevard Counties; those are all the areas that are vitally concerned about what kind of decisions are made relative to the St. Johns River, not to mention the State and federal agencies. He stated the Council has good working relationships with those agencies; he saw this as a good opportunity to demonstrate to the Board what they can do for Brevard County; and that is basically why the proposal was sent back to Commissioner Ellis.

Commissioner O'Brien stated if Brevard County has been a member of the Council for ten years, it has spent $950,000 so far; and inquired what are the tangible results of the work done for Brevard County and what has it gotten for its investment in the Council; with Mr. Dowling responding the cost is not the same each year, and it is $91,000 now. Commissioner O'Brien inquired what is the return to the County for the $91,000; with Mr. Dowling responding the Council did a detailed drainage program for Palm Bay area; it worked with the St. Johns River Water Management District and Department of Environmental Protection on that; and it did the entire geographic information system for the drainage work to provide up-to-date land use information on stormwater systems, roads, sewers, etc. that were in the ground. He stated they worked on the DRI's and with the water supply for the City of Cocoa, siting a new well system in Orange County; they work with the City on developments that may happen in Orange County that could impact the water supply system; and because Cocoa is the water supplier, it is of vital interest to Brevard County; so they have been tangibly involved in assisting Brevard County. He noted if the projects were added up, Brevard County probably got more than its money's worth. Commissioner O'Brien stated the County has done its own flood control programs and review of drainage problems; and it has been working with the St. Johns District to develop a Countywide drainage program. Mr. Dowling stated the County did not do those; they got the funds to do that for the County; so those were tangible benefits the County received by virtue of the Council's assistance. He stated had they not done it, it would have cost the County more money. Commissioner Cook inquired if Mr. Dowling can provide the Board with a summary of projects that the Council has done for Brevard County; with Mr. Dowling responding yes.

DISCUSSION, RE: CONTRACT WITH LISA TRONER FOR LEGAL SERVICES

Commissioner Ellis advised he does not know if the County Attorney has the ability to contract outside legal services; but when Lisa Troner left, there were cases she was working on; and it may be convenient if the County Attorney wished to use her under a contract arrangement.

Chairman Higgs inquired if Mr. Knox has that ability; with County Attorney Scott Knox responding contract service is not in his budget, and he comes to the Board any time he wants to do that because he does not have blanket authority to contract outside legal services. Chairman Higgs inquired if the Board wants to authorize Mr. Knox to do that; with Commissioner Scarborough responding he can bring it to the Board. He stated he has no objections if Mr. Knox wants to work with Lisa Troner if it is mutually advantageous, but that should be his initiative. Commissioner Ellis stated Ms. Troner did not take another job, so there would be no conflict. Commissioner Cook stated it would be appropriate for the County Attorney to come back if he needs her services.

Commissioner O'Brien advised he talked to Mr. Knox because an Assistant County Attorney sits on the MIRA Board and if MIRA has problems with this Board, the attorney ends up with a conflict of interest because he is the Board's attorney. He stated Ms. Troner sat on the MIRA Board for years; and Mr. Knox may want to pursue her services once a month which would not be a conflict and she can give the MIRA Board full legal advice. Mr. Knox noted it warrants looking into.

Chairman Higgs instructed the County Attorney to bring it back to the Board if he wants authorization to contract with Lisa Troner.

AUTHORIZATION, RE: SOLID WASTE IMPACT FEE PAYMENT PLAN FOR BREVARD ZOO

Jonnie Swann, 1525 S. Tropical Trail, Merritt Island, representing Brevard Zoo, advised in 1992 they began building a zoo for the citizens of Brevard County; they had thousands of volunteers who gave their time and money, goods and services to make the zoo a quality reality; and while they are building slowly, they are building safely as they can afford exhibits and staying in the black. She stated they have provided Brevard County with a zoo it can be proud of and have many ambitious plans for the future; last year they had 20,000 school children visit the zoo and 42,200 people in general; that is their revenue base for operation as well as the tourist tax for construction; and the people who contribute to the zoo feel their money goes to development of the zoo. Ms. Swann stated it would be a great set back to the community to have to pay $20,000 even over a period of two years; so they are asking the Board to waive the impact fee for solid waste so they can continue to provide a quality zoo and valuable service for the community. Chairman Higgs inquired if Ms. Swann is asking the Board to waive the entire $20,000; with Ms. Swann responding yes.

Commissioner Cook advised that has totally changed from what was requested of him; and the request was to defer it for two years and allow them to pay on a monthly basis which he supports. Chairman Higgs stated she thought there was a covenant that the Board could not waive the impact fees; with Assistant County Manager Stephen Peffer requesting the item be tabled so staff can review it and let the Board know whether it can or cannot waive it. Commissioner Cook stated the Board does not need to do that; it would have a problem if it waived it for one organization and would have to do it for all; deferring it is what the Director told him they wished and that they could handle it; and that would be appropriate. He stated to waive the fee in its entirety would not be appropriate even it the Board could legally do it.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to defer payment of solid waste impact fee by Brevard County Zoo for two years; authorize the Zoo to pay the fee over a two-year period; and direct staff to report to the Board on the ability to waive the entire fee and the question of precedent setting. Motion carried and ordered; Commissioner O'Brien voted nay.

Chairman Higgs advised at the next meeting the Board will have a report on the ability to waive the entire impact fee; and in the meantime the Zoo knows the impact fee can be paid over a two-year period.

RESOLUTION, RE: SUPPORTING NONPROFIT CORPORATION OF HARRY T. AND HARRIETTE V. MOORE JUSTICE CENTER FUND RAISING

Annette Miele, 3801 Arrowsmith, Cocoa, representing Arts in Public Places Advisory Committee (APPAC) advised the Committee discussed the citizen group that was formed to do a separate fund raiser; as originally discussed, the County gave APPAC a certain dollar amount, the community would raise funds and it would be pooled together for art at the Justice Center; and they would like to combine APPAC and the fund-raising committee, and combine the money raised. She stated APPAC agrees it is a good idea to do that instead of having two groups raising money for the same thing, and it wants to have one group working together.

Commissioner Cook inquired what is the status of the $10,000 match and who is raising funds for that; with Ms. Miele responding the community group now established will do the fund raising for that. Commissioner Cook stated his impression from Mr. Rowe is the group will raise funds for a statue outside of the Justice Center which is what the resolution relates to; and inquired if APPAC wants to combine the two groups instead of using the original funds for the interior; with Ms. Miele responding they hope to get enough funds to do both projects, but they have not discussed it. She stated they wanted to see if it was okay with the Board before discussing it together.

Commissioner Ellis stated his concern is the Justice Center will open with nothing in it; with Ms. Miele responding they are working on it; the calls for art have gone out; and they have 24 letters of intent. Commissioner Ellis inquired if they will have the interior piece ready when the Justice Center opens; with Ms. Miele responding yes.

Kay Burk, 1525 S. Atlantic Avenue, Cocoa Beach, representing APPAC as an at-large appointee, advised she needs to correct a few items; APPAC does not wish to combine the two groups, but wishes to work in partnership with it. She stated APPAC has been charged to do the calls for art, handle the letters of intent, and make recommendations to the Board about art in public places projects; it will continue to stick to that as its mission; but it wants to support the resolution establishing the Harry T. and Harriette V. Moore Justice Center fund-raising effort. She stated it is their recommendation to allocate the $10,000 the County set aside to the project; it was not clarified at the APPAC meeting that it would necessarily be for interior art work; and a knotty problem is having art work in the Justice Center for the opening which the County set out $10,000 for and agreed to match it if there was a fund-raising effort. Ms. Burk stated the Justice Center Fund-raising Committee is going to do a grassroots fund-raising effort for outside of the building; if she understands the Board's intent correctly, the art work would be inside the building; and it presents a dilemma because they could have two fund-raising efforts going at the same time that would offset each other and possibly negate effective fund raising for either. She stated she sees that as a barrier in having a successful piece of art placed at the Justice Center; so they need some direction from the Board about whether it wants two separate entity projects, two fund-raising projects going at once, and if it is willing to allow APPAC the leeway to look at exterior art work in order to have one nice piece of work somewhere at the Justice Center. She stated she talked to Commissioner Ellis about it after he wrote her a memo saying he was confused; APPAC met on November 9, 1995 and its intent is to see that an appropriate memorial piece of art work to the Moores is placed at the Justice Center; and beyond that there was a willingness among the members present that there would be no problem taking it to an outdoor piece. She stated they submitted a call for art; provided history and background material of the Moores and a small plan to 24 artists from around the State who submitted letters of intent, and asked them to come back with ideas by December 31, 1995. Commissioner Cook stated the problem is the resolution is specifically for a statue of the Moores; if they want to use the appropriation toward the statue outside of the Justice Center, that is fine; but if that is not the intention and the intention is to use the $30,000 authorized for the interior of the building, then it has to be a separate fund-raising effort. He stated if APPAC were to embark on raising $10,000 and dedicate that to the interior of the building, or would rather work toward getting the money for the statue, he has no objection to that.

Ms. Burk advised they need Board direction on that; APPAC has no set agenda on a certain piece; that is why it did the call for art asking artists to submit letters of intent and their concepts; and it is appropriate for them to work in partnership with the fund-raising committee and not have a conflicting fund-raising effort going at the same time. Commissioner Ellis stated they could raise funds for both an interior mosaic and exterior statue at the same time and pay for it out of one pot of money. Ms. Burk stated there would be great confusion in the community about that and there could be a perception that they were doing something that competes with a community effort.

Commissioner Cook advised Mr. Rowe and others he talked to believe the best way to honor the Moores is a bronze statue outside of the Justice Center; it will cost a considerable amount of money; but they feel confident they can raise the funds through private means; and if they feel it is the appropriate way to go, then he is happy to do it. Commissioner Ellis stated he would like to have something at the Center when it opens, and he does not see a statue being done by then. Ms. Burk stated they could seek alternatives and maybe someone will be willing to lend art work at that time that could be placed on exhibit; with Commissioner Ellis responding it should be a piece specifically for the Moores and he does not know of anyone who has an art work of the Moores laying around that they would lend to the County. Ms. Burk stated there may be an artist willing to prepare a piece between now and May 6, 1996.

Commissioner O'Brien advised the resolution has now muddied the issue; he was very specific when he voted for the funds for art that it would be for the interior and matched by $10,000 from the community; and to change the direction and say it is to match funds for a statue outside of the Center was not his intent. He stated there are two competing objectives, but the Art Committee recognizes what happened; the group really wants a statue outside; they think it is important to be there; and they say they can raise the money for it, so the Board should let them raise the money because it has already put its money towards the art work for inside of the Center. Ms. Burk stated that is the guidance they need; she does not want there to be a perception that they are trying to work at loggerheads with the other group. Commissioner O'Brien stated if the groups called him and said they were raising funds for the interior art and raising funds for the statue, he would make out two checks, one for each group; with Chairman Higgs commenting or no checks to either. Ms. Burk indicated that is her concern that it will become an excuse for no checks to either group. Commissioner Scarborough stated Mr. Rowe and Ms. Burk are both trying to work for a common purpose; Mr. Rowe has put a lot of time in doing things to memorialize the Moores; and the Board does not want to tell him not to proceed with what he is doing.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution expressing support for the Harry T. and Harriette V. Moore Justice Center Committee, Inc.; and request Kay Burk and the Arts in Public Places Committee to meet with Clarence Rowe and the Harry T. and Harriette V. Moore Justice Center Committee, Inc. and return to the Board with a report on how they will proceed.

Commissioner Scarborough stated he would like to hear from Mr. Rowe on how the whole thing is coming to date. Ms. Burk stated he was at the APPAC meeting. Commissioner Scarborough stated he has not heard from Mr. Rowe directly and if he votes on it today, he is going to have it come back. He stated they need to come together and the Board needs to know what they are going to do. Commissioner O'Brien inquired if it would be appropriate to include both efforts in the resolution; with Chairman Higgs responding the motion is for both groups to get together and come back and clarify for the Board what they are going to do. Commissioner Cook stated if the consensus is to come back and apply the money to the outside art work, he will be happy to do that because that is what the community wants. Ms. Burk stated Mr. Rowe was at the meeting and seemed grateful for that direction. Commissioner Cook stated it would be a nice kickoff for the outside piece because it will cost in excess of $100,000. He stated he assumes everything will be public record with the committee as far as who donates, etc.; and inquired if that is correct; with County Attorney Scott Knox responding the Board can ask the committee to put it in its bylaws or articles of incorporation, but it is not required by law.

Commissioner Cook amended the motion to include that the bylaws or articles of incorporation for the Harry T. and Harriette V. Moore Justice Center Committee, Inc. include that its records be public records and provide ability for the Board to audit them; and Commissioner Scarborough accepted the amendment to the motion.

Chairman Higgs called for a vote on the motion as amended. Motion carried and ordered unanimously. (See page _____for Resolution No. 95-310.)

ACKNOWLEDGE RECEIPT OF ORDINANCES FROM CITY OF MELBOURNE AND CITY OF WEST MELBOURNE, RE: VOLUNTARY ANNEXATIONS

Chairman Higgs advised the Cities of Melbourne and West Melbourne have notified the County of annexations pass the time that it could react; they both are annexing property but not roads; and recommended the Board acknowledge those and direct the Chairman to write to the Cities asking them to advise the Board of annexations in sufficient time to react consistent with the Ordinance the Board passed which they asked for advising the cities of items.

Commissioner O'Brien recommended the motion include a policy that staff make an immediate protest if there is insufficient time to look at annexations to determine if the County is stuck with the streets, drainage, etc. and lose its tax base.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to acknowledge receipt of Ordinances from the City of Melbourne and City of West Melbourne, regarding voluntary annexations of real properties; authorize the Chairman to send letters to the Cities requesting they advise the County of annexations in sufficient time for the County to review and provide input; and direct staff to protest annexations if there is insufficient time for the Board to consider them. Motion carried and ordered unanimously.

REQUEST FOR SPEED HUMPS, RE: JUMPER STREET

Commissioner Scarborough advised 89% of the residents support the speed humps, so he will support it.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve installation of three speed humps on Jumper Street in Section 15, Township 23S., Range 35E.

Commissioner Ellis stated if the County puts in speed humps, the people who request it should pay for half of it. He stated Jumper Street is in Port St. John; it could apply to numerous roads in Port St. John; the 85 percentile speed is 33 mph; and that is what they are actually driving. Commissioner Cook stated people drive on one road to another, other than people who live there. Commissioner Ellis stated most of the city streets in Melbourne are 30 mph; on Jumper Street the people are actually doing 30 mph, but the County is going to install speed humps. He stated he can understand if they were driving 45 mph but those exceeding the speed limit at 10 mph at one location were a handful and at the other location there were none; so he does not see a great speed problem. He stated he could pull those numbers off any street in Port St. John.

Commissioner O'Brien stated the problem is the Commissioners are not sitting in those houses; and if they had little children and at the end of the street were teenagers who just got their license and parents not doing their job, they would pray the County put speed bumps in. Commissioner Ellis stated then they need to pay for it because it depletes the MSTU when the speed humps are put in on individual streets; and inquired what will happen when money is needed for repaving or drainage. He stated if they put one on Jumper Street in Port St. John, they could put them on any street in Port St. John; and inquired if everybody is going to come in that has a teenage driver at the end of the road and request speed humps. He stated the average speed is 30 mph which is not that great.

Chairman Higgs stated maybe the real issue is the speeds need to be reduced in the area to 25 mph; with Commissioner Ellis responding the speed limit is 25 mph and they are doing 30 mph.

Commissioner Cook advised the residents wanted speed humps on a road in District 4, but they put up additional signs and solved the problem; they never got a call back; so speed humps should be a last resort and staff should look at other traffic engineering policies and procedures and implement other things such as more signage or lower the speed limits. He stated sometimes that can solve the problem without speed humps.

Chairman Higgs advised she supports speed humps when residents come in and request them; she does not have a problem asking people to pay for them; and she supports this one, but wonders about the configuration of Sara Jane Lane and the number of cars that can be generated there.

Commissioner Scarborough advised if the Board is going to create a mechanism to have people participate, that far exceeds the scope of this request; and it needs to be brought back as a separate item, otherwise it will be random, with one paying and another not paying. He stated it may not appear to be a problem, but those people who live there know better; the Board has pushed things through when there was a bare majority; and this request meets the technical criteria and has a large majority. He stated the Board should decide whether it will approve this item or not, and schedule any changes to the policy for another time.

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

Commissioner Cook recommended the Board review a policy that provides for an analysis where speed humps are requested, and evaluates other measures to resolve the problem, such as more signage or lower speed limits prior to speed humps, and who pays for what. Commissioner Scarborough stated he has no problem putting the policy on the agenda for reconsideration.

REQUEST FOR SPEED HUMPS, RE: SARA JANE LANE

Chairman Higgs advised there are only 20 lots on Sara Jane Lane; and inquired if there is a problem the Board does not see.

Commissioner O'Brien responded there are a few irresponsible people on that street; traffic counts indicate an average daily volume of 459 vehicles; and that is quite a few vehicles for a little street. He stated 90% of the owners really want the speed humps which means two are speeding on that street and do not want the speed humps; and it is not a through street, so it should not be a problem slowing down traffic going somewhere. Chairman Higgs advised the speed limit is 15 mph; with Commissioner O'Brien responding they are exceeding it considerably and doing 25 mph.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve installation of speed humps on Sara Jane Lane in Section 2, Township 25S., Range 36E.

Commissioner Scarborough stated only the people who live there will drive over the speed humps except the mailman, garbage trucks and persons going to visit, so they are asking the Board to create a hazard for them; they want it even though it is inconvenient and may do damage to their cars; they find there is a reason; and that indicates there must be a problem, so he will support it. Commissioner O'Brien stated there is a problem there.

Commissioner Ellis stated his problem is $2,000 from the MSTU fund will not be spent on problems elsewhere in the District because it is being spent on one road for speed humps. Commissioner O'Brien stated the Board has a responsibility whether it is a pothole or speed hump. Commissioner Ellis stated it is reaching the point that any time anyone requests speed humps the County is putting them in; there are more streets than money when it comes to speed humps; and inquired what if all the streets in Port St. John requested speed humps.

Commissioner Cook advised he will go along with this request but would like to have the entire policy addressed; people who live there have to drive over the humps, but it also drives the problem to another street; so he would like to consider people participating in the cost and other measures that could be instituted prior to installing speed humps.

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

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to direct staff to bring back a policy for speed humps, including the possibility of using other measures such as signage, reducing speed limits, and the possibility of people participating in the cost of the installations. Motion carried and ordered unanimously.

RESOLUTION AND CONSERVATION EASEMENT TO ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, RE: PRESERVATION OF ENVIRONMENTALLY- SENSITIVE LANDS AT MANATEE COVE

Commissioner O'Brien advised Manatee Cove Park is on Merritt Island; the St. Johns River Water Management District wants to preserve some property as an easement around a pond on the property; he can see preserving the area next to the swamp land or river, because it will still provide access for a road around to a dock; but the existing pond with future growth and expansion of the park, may become decorative rather than totally preserved in its natural state; so he would like to remove the pond from the plan.

Parks and Recreation Director Chuck Nelson advised the easement is required as a result of the permitting process; they will be going into wetlands; and it is part of the mitigation. He stated the District is requiring the County to go into the pond to remove cattails; it has become a nonfunctional system; and for mitigation purposes they will remove cattails. He stated along the other shorelines they will be removing Brazilian pepper trees. Commissioner O'Brien stated some of the activities that are prohibited around that pond are removing and destroying trees, shrubs and other vegetation without their permission, and excavating, dredging, or removing loam, peat, gravel, soil, rock, or other material substances in such a manner as to affect the surface; and if the pond starts silting in, the County may want to be able to clean it up. He stated it says, "activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, etc."; a hundred years from now the Board may be sorry because it surrounded the pond with a natural habitat and reduced the ability to maintain it; and sometimes it is better to have a clear space around the pond so a child can be seen if he or she falls in. He stated there may be a time to build a rock wall around the pond like they did in Central Park, and use it as a reflecting pool; and he does not like giving up rights within a County park. Mr. Nelson stated any activities would still require the County to apply for a permit, but that does not mean it would automatically be denied. He stated they cannot dredge to remove silt without a permit; and he understands what Commissioner O'Brien is saying, but does not know if there is a good solution. Commissioner O'Brien stated by granting the easement, the County is giving up a lot of its rights.

County Manager Tom Jenkins advised Mr. Nelson said it is part of an overall negotiation in order to get a permit to develop the park. Mr. Nelson responded they are going into wetlands for parking and roadway purposes. Mr. Jenkins stated if the Board opts not to grant the easement, staff will have to go back and renegotiate to get a development permit. Mr. Nelson stated it can be done, but they will have to identify where the mitigation will be. Commissioner O'Brien inquired what are they mitigating by; with Mr. Nelson responding it is a two-to-one mitigation; and they are disturbing about half an acre and will need to mitigate about an acre.

Commissioner Scarborough advised he will go any way Commissioner O'Brien wants to go, but it would be wiser to defer it and make sure the Board votes the way he wants it. He stated they have been negotiating for eight years and has nothing in Scottsmoor; it is horrible what they had to go through; and suggested Commissioner O'Brien talk to staff and make sure he is comfortable.

Chairman Higgs inquired if the item could be tabled to the next meeting; with Mr. Nelson responding yes, and staff will look at it to see if there is additional area or if they can extend the mitigation along the cove, because he is not sure why they selected the location. Commissioner O'Brien stated the Board is in charge of the County; and inquired why does someone else tell the Board what to do with it; why do they have this job; and what is the job about.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to defer the resolution and conservation easement to St. Johns River Water Management District for preservation of environmentally-sensitive lands at Manatee Cove to allow Commissioner O'Brien to meet with staff about the pond. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Commissioner Cook advised page 51 is a bill from Mr. Kirkland, M.D.; it shows he spent 6.5 hours in the courtroom; reviewing the record was $150; the multiplier does not add up to $1,625; the total bill is $1,775; and it is not well defined. Chairman Higgs inquired if Commissioner Cook wants to pull the item; with Commissioner Cook responding yes.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve bills and budget transfers except the bill on page 51 from Dr. Kirkland. Motion carried and ordered unanimously. (See pages _____for List of Bills and Budget Transfers.)

PUBLIC COMMENTS, RE: JESS PARRISH MEMORIAL HOSPITAL

Bea Polk advised she was at the Hospital Board meeting, and a Board member admitted he violated the Sunshine Law; if a taxpayer took it to the Ethics Commission, he would lose because of all their attorneys; and inquired if the County is willing to take it to the Ethics Commission. She stated since the County Attorney is paid by tax money, this is one thing they should be able to use him for. She stated the Hospital Board is appointed; it is putting private business out of Titusville because it can lower its rates, and if it loses money the taxpayers will pick it up; and inquired when is the Board going to find a way to elect the Hospital Board members or get rid of the Hospital. She stated the Board member that kind of violated the law thinks when the Hospital is given tax money it is not the taxpayers money any longer; those are the kinds of people who are serving the citizens at the Hospital; this Board has two members coming up at the end of the year for reappointment; everyone on the Board thinks only the North Brevard Commissioner appoints them, but she disagrees; and inquired if all the Commissioners can make appointments or just the North Brevard Commissioner. She stated years ago it was the Board; she offered to be on the Hospital Board and Commissioner Scarborough said they did not want her; with Commissioner Scarborough responding it was not that they did not want her, they definitely did not want her. Ms. Polk stated the County Commissioner was not making appointments because the board members were making their own appointments; they were telling him if the person does not serve the Hospital they do not want that person on the board; and she would like to put her name in tonight for the two openings on the North Brevard Hospital Board. She stated she would like to have J. J. Parrish's position; he lives in the City and not in the County; she lives in the County and would represent the County; and she would have to give up a lot of her activities and may not be at the meetings much, but the County needs someone who will serve the taxpayers and not the Hospital because the taxpayers paid for 38 years. She stated they are planning to build a hospital; and inquired if the Board knew where it was going and what it would do when they move the money out of North Brevard. Ms. Polk advised over 60 million dollars is being moved; and that is a lot of money. She inquired if all Commissioners can make appointments to the Hospital Board or only Commissioner Scarborough; and stated she does not think he will make two new appointments. She stated they say the Parrishes gave the land for the Hospital; however, the County drained it and they sold land around it for more than they would have gotten, so they did not give too much. She stated she has not found a requirement for a Parrish to be on the Hospital Board; she has nothing against Mr. Parrish, but there needs to be changes; and she has a tape where the people admitted being on two boards at the same time.

Chairman Higgs inquired if Ms. Polk is asking the County Attorney to give the Board a report on how the Hospital Board appointments would be made at the end of the year; with Ms. Polk responding yes. Chairman Higgs asked Mr. Knox to do that for the Board in writing. Ms. Polk stated she wants the Board to think about what will happen if the money is moved out of North Brevard and what the Board is going to do about it.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 5:52 p.m.

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

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SANDY CRAWFORD, CLERK
     (S E A L)