MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

February 13, 1996

The Board of County Commissioners of Brevard County, Florida, met in regular session on February 13, 1996, at 5:23 p.m. in the Government Center Board Room, Building C, 2725 St. Johns Street, Melbourne, Florida. Present were: Chairman Mark Cook, Commissioners Truman Scarborough, Randy O?Brien, Nancy Higgs, and Scott Ellis, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Reverend Buddy Creel, First Assembly of God Church, Cocoa, Florida.

Commissioner Scott Ellis led the assembly in the Pledge of Allegiance.

Assistant Growth Management Director Peggy Busacca advised staff has been notified that the Florida Department of Community Affairs will send a representative to the wetlands workshop, so it will have an understanding of the Department?s feelings on the Board?s discussion. She noted John Healey, who has worked with Brevard County before, will be attending the meeting.

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

Planning and Zoning Board

Carlos Springfield, 3620 Carter Road, Mims 32754

North Brevard Medical Support Group

Nathaniel Pilate, 2316 Harry T. Moore Avenue, Mims 32754, replacing Dr. Al Koller.

Motion carried and ordered unanimously.

Commissioner O?Brien advised there were representatives from Washington, D.C., Atlanta, Jacksonville, Canaveral Port Authority, and the County; results were that the Corps will try to have all the studies completed by July 1, 1996, to go to Congress as a line item to the President; they were reminded of a lawsuit against the federal government for taking of property, and if the individuals won that, it could cost over $100,000,000 and constitute more lawsuits which could break the Corps. He stated they understand the seriousness of the situation and are willing to work with the County.

Chairman Cook advised the Board has taken action on renaming St. Johns Street as Judge Jamieson Way; and Judge Moxley wants to add "Fran" to the street name.

Discussion ensued on the length of the street name, ways to fit the name on the sign, and the address. County Manager Tom Jenkins suggested small letters for Judge and Fran and big letters for Jamieson Way. Chairman Cook stated if the Board decides it is not feasible to include Fran, Judge Jamieson Way would be appropriate.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution renaming Judge Jamieson Way to Judge Fran Jamieson Way. Motion carried and ordered unanimously.

The Board acknowledged receipt of a letter from the Chairman to Florida Department of Transportation (FDOT) requesting extension of its contract with MacAsphalt to give it an opportunity to work with the County on locating an asphalt plant on an appropriate site to minimize impact on residential areas.

Chairman Cook advised of a request for a letter designating Brevard County as a service delivery area for the Jobs and Education Partnership Regional Board and Workforce Development Systems.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize the Chairman to send a letter to the Jobs and Education Partnership Regional Board and Workforce Development Systems designating Brevard County as a service delivery area.

Commissioner Higgs advised the Jobs and Education Partnership Regional Board and Workforce Development Systems administers funds that a company she has stock in does work for; and inquired if she can vote on the item without a conflict of interest.

County Attorney Scott Knox advised as long as Commissioner Higgs does not have a direct financial interest in this particular item, she can vote. Commissioner Higgs stated she does not know if voting on a geographical area designation would be a conflict; with Mr. Knox responding he does not think there is a direct financial interest on her business arrangement.

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

Chairman Cook advised the Board took action on a service contract with Alexsis at a previous meeting; however, it did not specify Addendum C, so there is a general vagueness. He suggested Commissioners review the item and take it up at the end of the meeting.

Chairman Cook called for the public hearing to consider an ordinance establishing agricultural rural residential (ARR) zoning classification.

Buford Brown, 1301 Satellite Road, Cocoa, advised a lot of people have less than 400-square foot mobile homes; it would be a hardship on them and him to buy another mobile home; and requested a grandfather clause. He stated a lot of them have farm animals; and the Board should let them keep the animals.

Jim Reynolds, 7600 Barcelona, Cocoa, requested the minimum square-foot living space be reduced to zero because a lot of them do not have 400 square feet. He requested the setback be what currently exists because 15 feet on the front setback is not even the size of one automobile parked between the city street and house.

B. B. Nelson, 3535 North U.S. 1, Cocoa, advised the ordinance says Brevard County has not recognized the area as an approved subdivision, but the Property Appraiser has because they pay taxes out there. He stated page 3 establishes 40 acres for a dude ranch; and suggested 10 acres; and paragraph 1.b., permitted uses, should include antennas, because there is a new state-of-the-art activity in telephone systems that will be using antennas, and reducing wires and cables in neighborhoods.

Shirley Zimmerley, 6651 Barcelona Avenue, Cocoa, requested minimum 25-foot front setback and 20-foot side and rear setbacks because it is a rural area and they do not need to crowd homes against the road right-of-way.

Terry Rosenberger, 250 Imperial Street, Merritt Island, advised the reduced setbacks will benefit him because he may not need to apply for variances. He requested farm animals and fowl be permitted, and people be allowed to put up produce stands to sell extra fruit and animals. He suggested a limit on pigs and horses due to one-acre parcels, and tenant dwellings be changed to servants quarters and guest houses. He requested reduced square footage of living area to allow the people to stay there and not have to buy another unit; and stated the current zoning of AU, GU, and RRMH-1 allows square footage above 400 square feet, so the potential is there for the area to improve. Mr. Rosenberger recommended the County develop a plan to improve the road network because financial institutions do not want to finance mobile homes without roads. He stated Satellite Boulevard and Palmetto have been improved, but other roads were left to individuals.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to continue the public hearing on an ordinance establishing agricultural rural residential zoning classification to the second hearing on March 12, 1996, at 5:01 p.m.

Commissioner Ellis requested staff return with responses to comments received from the public tonight. Assistant Growth Management Director Peggy Busacca inquired if the Board wants an outline of how they have been addressed and if they were addressed; with Commissioner Ellis responding yes, the setbacks and minimum living area primarily.

Commissioner Higgs inquired if the ARR zoning classification affects Cape Kennedy Estates; with Ms. Busacca responding it requires six of seven criteria to be met; Cape Kennedy Estates may be able to meet two or three criteria; so it would not be acceptable. Commissioner Higgs asked staff to advise Mr. Tietig that it does not affect Cape Kennedy Estates.

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

Chairman Cook called for the public hearing to consider an ordinance amending the Zoning Code for public parks, non-conforming agricultural uses, and setbacks in single-family classifications.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Cook, to continue the public hearing on an ordinance amending the Zoning Code for public parks, non-conforming agricultural uses, and setbacks in single-family classifications until the second public hearing on March 12, 1996. Motion carried and ordered unanimously.

Kevin Glaser, 949 Bank Street, N.W., Palm Bay, President of Brevard Ferret Lovers Rescue, Palm Bay Chapter of American Ferret Association, advised in three years of existence, they rescued 167 animals and found homes for 121; they work closely with the Humane Society in Melbourne; and they operate a shelter for lost and unwanted ferrets without the support of public funds. He stated they want to bring a grave injustice to the Board?s attention; and Dr. Barry Cole, veterinarian of Village Animal Hospital in Palm Bay will advise the Board of the problems.

Dr. Barry Cole, 1340 Palm Bay Road, N.E. Palm Bay, advised the problem is an issue of life or death; the statute ruling states bites of guinea pigs, hamsters, ferrets, etc. shall be evaluated on an individual basis at the discretion of the HRS County Public Health Unit Director for the determination as to the need for laboratory examination; but every ferret bite to date has not been evaluated other than the ferret is taken from the owner and killed. He stated that is presently what is going on in Brevard County; there is no evaluation taking place; its head is cut from its body and sent to a laboratory where the brain is removed and tested for rabies; and the cost to the County for a ferret bite is in excess of $200. He stated dogs and cats are put under a quarantine period, whereas ferrets are not offered that opportunity; there is an approved FDA rabies vaccine for ferrets that is more effective than the vaccine for dogs and cats; and it is licensed by the Federal Government, but the County has chosen not to recognize that and instead takes ferrets from young children. He related a story of a child who had a ferret taken away from her, literally torn out of her arms, and killed. Dr. Cole advised there has never been a positive ferret rabies case in Brevard County; ferrets are not wild exotic animals; documentation from Department of Agriculture lists them as domestic animals; and a local HRS official who has a lot to do with making those decisions, said ferrets were related to raccoons because they have masks. He stated they are not related to raccoons; they are being put to sleep for no good cause; and if the Board decides to straighten this situation out and classify them as they should be, it can require them to be vaccinated and licensed. He noted there are about 10,000 ferrets in Brevard County; and at $10.00 a shot that would be $100,000 as opposed to spending $200 each time one bites somebody and destroying it. Dr. Cole requested the ferrets be evaluated on an individual basis the same way dogs and cats are, and not automatically put to sleep. He advised of a ferret bite procedure from St. Louis, Missouri; and stated he has over 900 ferrets in his practice and never put one to sleep for biting or being unruly, but he has put dogs, cats, pot belly pigs, and birds to sleep.

Commissioner Ellis inquired if Dr. Cole believes the County has the ability to set a standard for ferrets under Florida Statutes; with Dr. Cole responding according to 10.D.(3).091, it states evaluated on an individual basis; so the County could mandate that ferrets be vaccinated and licensed. Commissioner Ellis stated the HRS section says even if it is vaccinated it does not matter; with Dr. Cole responding there is a bite procedure that is followed for dogs and cats; if an animal has been vaccinated, there is one set of rules; and if it has not, there is another set of rules; but the quarantine period determines whether or not the animal is at risk and warrants being put to sleep.

Discussion ensued on whether or not the County would have jurisdiction to set the rules over HRS which deals with Florida Statutes, vaccination of ferrets, quarantine, and discretion of HRS officer.

Chairman Cook stated he has no problem doing that, but needs input from Dr. Garcia because he is the person who makes the determinations that all of the ferrets have to be destroyed.

Discussion continued on State policies, Dr. Conte?s memo of December 8, 1995 regarding observation periods for ferrets which bite people, and the legal aspects.

Assistant County Manager Joan Madden advised the Compendium Committee of the National Association of Public Health Veterinarians provided information that resulted from studies that were done by the Centers for Disease Control, Colleges of Veterinary Medicine at University of Georgia and Kansas State. She stated they agreed to a protocol that included six strains of rabies virus; limited resources dictated the project start with one, so they started with a skunk strain which was selected because ferrets are more closely related to skunks than other species; and of the 54 animals inoculated with the virus, 37 developed rabies, but none had detectable virus in the saliva. She noted one ferret had positive salivary glands. Ms. Madden stated it is based on that letter from the National Association of State Public Health Veterinarians that Dr. Conte?s letter, which recommends that all animals be tested, then filtered down to the local Public Health Director Dr. Garcia; so Dr. Garcia is not making his decisions arbitrarily nor individually, but it is coming from a National Association of Veterinary Medicine.

Dr. Cole stated the study said no detectable virus particles in the saliva; that is how rabies is spread; and if there is none in the saliva, then there is no means of transmission. Commissioner Ellis stated there is no doubt if unvaccinated animals are vaccinated with rabies, there is a good chance of having the animals contract the virus; and the Board is discussing vaccinated ferrets.

Commissioner Higgs inquired if the Board has an opportunity to act on this issue under the provisions of State law; with County Attorney Scott Knox responding the rules are promulgated by HRS and are not rules specific; there seems to be a little discretion on the part of the County Health Director; the County has a Contract with HRS to enforce its rules; and to the extent that the rules were specific to those kinds of matters, the Board could probably enforce those rules through the Contract. He stated the issue becomes whether or not the Board can enact its own rules separate and apart from the Contract and enforce those.

Chairman Cook stated he is open to the suggestions made, but there are legal issues that need to be researched as to the authority the Board has or does not have regarding HRS and Dr. Garcia; and the Board may want to direct the County Attorney to research that, come back within a reasonable amount of time, and notify everyone of an additional hearing on it.

Commissioner Scarborough stated a statement was made that of all the counties in Florida, only two counties require killing of pet ferrets, and Brevard County is one of them; and recommended further analysis of how it is being treated elsewhere.

Commissioner O?Brien advised Dr. Garcia?s office is close to his office; and rather than go through research, etc., the Board could send a letter to Dr. Garcia stating firmly it prefers not to have ferrets that are vaccinated killed; and invite representatives from the Ferrets Association and he to meet with Dr. Garcia. He stated if Dr. Garcia does not want to cooperate, the Board can come back and look at the legal angle. Commissioner Higgs agreed with a letter and meeting with Dr. Garcia.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct the County Manager to write a letter to Dr. Garcia requesting discussion on the information presented by the public on State laws relating to ferrets; direct the County Attorney to research the law to determine if the County can adopt an ordinance modifying State laws relating to ferrets; and authorize Commissioner O?Brien to meet with Dr. Garcia and others and return to the Board with information and results. Motion carried and ordered unanimously.

Commissioner Ellis suggested Animal Control look at setting vaccination requirements for ferrets; with Jasper Trigg responding they are not in a position to do that until they have the results of the meeting with Dr. Garcia. Mr. Jenkins advised Commissioner Ellis was just requesting criteria.

Commissioner Higgs advised in an emergency situation there is no flexibility for the County Manager or Airport Manager to schedule events; she understands the need for notices, but there should be some flexibility they could use under tight time frames.

Commissioner Ellis stated when restricting Runway 14/32 on landings, amendment 1, large aircraft granted approval to use the airport will be restricted to the use of Runway 14/32; he understands takeoffs is a choice; but if they are landing and there is a crosswind on 14/32 and they have to come in on Runway 9/27, there could be a problem.

Commissioner O?Brien recommended the discretion of the pilot or ground people who are there to waive the amendment for safety purposes for landing. Commissioner Higgs suggested adding "except in instances where the safety of the aircraft is in jeopardy."

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve amendments to Airport Rules and Regulations, standardized use permit, and fee schedule for Valkaria Airport, as amended to add "except in instances where safety of aircraft is in jeopardy" to paragraph 6.1, Aircraft Restriction at the County Airport. Motion carried and ordered unanimously.

Commissioner Ellis stated user fee per acre seems unusual; with Commissioner O?Brien responding at TiCo Airport they have RV?s out there.

County Manager Tom Jenkins inquired if the flexibility includes events or strictly the runways; with Chairman Cook responding only the runways.

Bea Polk, 101 River Park Boulevard, Titusville, expressed concern about the amount of money being spent to watch Board meetings a week later, and about people not watching it on Saturday and Sunday nights; and stated it would be best shown live so people can call in or come to the meeting. She stated there were promises to the taxpayers that things would be cut not added; there are problems that need to be solved; and if the Board has the money to televise meetings, it should give employees raises or prevent layoffs because it is more important for people to eat than to watch a television program.

Idabelle L. Blickley, 4475 Swift Avenue, Titusville, objected to paying over $100,000 for Board meetings that are two or three weeks old; stated if it was televised live, she would not mind it; and people are not going to stay up that late at night to watch it. She requested the Board not waste money on televising meetings because no one is interested in old news; and indicated there were very few people at night meetings, but the Board scheduled night meetings so people could attend.

Chairman Cook and Commissioners Scarborough, O?Brien, and Ellis expressed reasons why televising Board meetings are important to citizens, primarily that it provides them access to more information and to their government, allows them to watch how the Board works for or against them, provides the true story that may not appear in the newspapers, and unites the County as one. They noted the ultimate goal is going live which cannot be accomplished at this time. Commissioner Higgs opposed the item solely on the basis of costs.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to execute Agreement with Brevard Community College for broadcasting of Commission Meetings beginning February 20, 1996 through December 31, 1996. Motion carried and ordered; Commissioner Higgs voted nay.

Chairman Cook and Commissioners Scarborough, O?Brien, Higgs and Ellis expressed concern with endorsing the Phoenix World City project, due to controversy in 1990, lack of information, the ship not being built in Florida, viability and financial structure of the project, and private/public partnerships enhancing private enterprise more than benefitting the public.

The Board took no action to sign a joint letter in support of the American Flagship Project to construct the world?s largest passenger ship, Phoenix World City, in the United States.

Walter Jackson explained the Stand Down project to help homeless veterans with clothing, food, and hygiene; advised of fund raisers to support the project; and requested assistance from the Board.

Frank Kunze, 390 Myrtlewood Road, Melbourne, Chairman of the Brevard Veterans Council, supported Mr. Jackson?s quest as a good opportunity to give the homeless veterans a chance to come into the mainstream of life.

Commissioner Ellis suggested social services representatives participate in the Stand Down to provide services such as transportation, health clinic, and coordination of representatives on the County and State levels. Mr. Jackson advised the 131st MASH Unit will do physical examinations, and provide medical treatment, and two doctors have volunteered their time; however, they are in need of monetary support to purchase T-shirts, underwear, socks, shaving kits, food, etc.

Discussion ensued on the use of the funds, who will receive it, contacting merchants and community organizations for assistance, and the Community Based Organization Grant process.

Chairman Cook suggested $1,000 which was the sum given to the African American Male Summit. Commissioner Scarborough recommended $4,000; and stated it is a unique ability to respond to veterans helping veterans; and he wants to make sure it works.

Motion by Commissioner Scarborough, seconded for discussion by Commissioner Ellis, to authorize $4,000 to assist with the Stand Down Brevard County 1996 project.

Commissioner Ellis advised the CBO budget was $660,000; it expended $654,000; there may be $6,000 remaining; and recommended they work in the process if it is going to be an annual event. He suggested holding $20,000 of the $660,000 in the future for undetermined organizations.

Discussion continued on SCAT services, accountability, grant be made on reimbursement basis with receipt of invoices, homeless veterans shelters, open purchase orders, discount outlets, and purchase of articles from Veterans Hospital.

Commissioner Higgs recommended amendment to the motion to include Brevard Veterans Council as the responsible sponsor, and authorize staff to take care of reimbursements and purchase orders, and to look at the CBO funds and if not available, to allocate $4,000 from the Contingency Fund.

Commissioners Scarborough and Ellis accepted the amendment to the motion. Chairman Cook called for a vote on the motion. Motion carried and ordered unanimously.

Chairman Cook questioned the bill from Space Coast Pathology which substantially decreased from the original bill, but charges $175 an hour for travel. Assistant County Manager Joan Madden advised the Contract with the Medical Examiner for forensic testimony provides for portal to portal payment; the Contract will be reviewed this year; and staff will look at that issue.

APPROVAL, RE: BILLS (CONTINUED)

Motion by Commissioner O?Brien, seconded by Commissioner Cook, to send a letter to the State Attorney with a copy of the bill, notifying him the Board will pay it this time but is disturbed by over $700 being paid for travel time.

Discussion ensued on who signs the contracts for expert witnesses, forensic testimony, who negotiates the contracts, and under what contract Space Coast Pathology is being paid.

Assistant County Manager Joan Madden stated she will check with the State Attorney to see how it was ordered.

Commissioner O?Brien withdrew the motion, and Commissioner Cook withdrew the second and instructed staff to bring back a report at the next meeting.

Commissioner O?Brien questioned the need to use Federal Express; and recommended a letter be sent to Richard Stevens of Holland and Knight asking the firm not to use Federal Express unless it is necessary for the documents be delivered within 24 hours.

Commissioner Ellis questioned the number of copies sent on the same day; with County Attorney Scott Knox responding he will talk to Mr. Stevens about modem transfers instead of Federal Express and to send one copy for his staff to distribute rather than five copies.

Chairman Cook instructed the County Attorney to give the Commissioners a memo on that issue.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve bills except the bill from Space Coast Pathology; direct staff to talk to the State Attorney about the travel time and cost, and schedule it for reconsideration at the next meeting; and direct the County Attorney to contact Holland and Knight about using Federal Express only when necessary. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to execute Addendum C to Agreement with Alexsis, for administration of Workers? Compensation claims, with term expiring October 1, 1998. Motion carried and ordered unanimously.

Bea Polk, 101 River Park Boulevard, Titusville, inquired how much longer she has to be harassed by one individual on River Park Boulevard through the County. She stated if she committed crimes,

then the County should charge her. She advised of numerous papers, the last being a memo to Scott Knox from Helen Smith requesting information about her and the dates and times she saw Mr. Workman. She stated it has been going on for months; and inquired when is the Board going to put a stop to it and how much time and taxpayers money will be spent to please one individual. She requested the Board close the file and let her family rest because she has been evaluated by every Department in the County and nothing has been found. Ms. Polk advised of her experiences with the Hospital Board and the harassment at home by being photographed and taped by a neighbor; and requested the County Commission Office not be used to keep harassing her. She stated water is being directed to her property because of another individual; the hump is still in the road because no one had the courage to remove it; but she does not care if the harassment stops. She stated she does not know of any other Board that used paper, time and taxpayers? money to do this.

Commissioner Higgs advised she sent a letter to the County Manager advising that she did not want any more updates on River Park Boulevard, and a memo saying staff should quit wasting its time on it also. She stated she does not know what action it is going to take, but the Board has spent enough time on the issues; and if something can be done, it needs to be done to end it.

Commissioner Scarborough advised of a suggestion from the County Manager to go to arbitration; however, Helen Smith did not go and believed she was not required to attend and would not suffer any harm. He stated she understands he has the ability to request information and has utilized his office for that purpose; and it would be inappropriate to instruct his office not to send any more memos from Helen Smith; however, the Board could instruct the County Manager on how to respond to inquiries.

Chairman Cook advised the County Manager runs the County; he should use his discretion to deal with this issue; the County has expended an inordinate amount of staff time on one issue and one problem; and if there is no offense to prosecute, Mr. Jenkins should exercise his authority to decide when enough is enough.

County Attorney Scott Knox requested the Board give staff direction when it should stop; and perhaps a good cutoff point can refer to the mediation if one party did not show up. Commissioner Scarborough stated Ms. Smith said she did not believe she was required to attend the mediation; and just because the Board says it ends, it has public meetings so it may not end unless it takes the proper steps to end it.

Discussion ensued on informing both parties, the authority of the County Manager under the Charter, a final appearance before the Board for both parties, the amount of time and money spent on the issue, referring it back to mediation and notifying both parties if they do not attend that is the end of this issue, and a mediator being able to identify the issues.

Motion by Commissioner Higgs, seconded for discussion by Commissioner O?Brien, to re-refer the issue to non-binding arbitration, and both parties be directed to try and work it out; and if there are unresolved issues, the mediator report it to the Board.

Commissioner O?Brien inquired why the arbitration is not made binding; with Mr. Knox responding it could if both parties agree. Commissioner O?Brien inquired why is the Board involved and not a social service or church; with Commissioner Higgs responding the County has a trained mediator on staff who can assist with those issues. Chairman Cook inquired about the cost; and Assistant County Manager Joan Madden responded the County has a certified volunteer mediator it can use at no cost. Commissioner Scarborough explained the difference between a mediator and arbitrator; and stated the parties are so far apart on their views it may be impossible to mediate, and an arbitrator would at least have a finding of fact by a third party.

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

Motion by Commissioner O?Brien, seconded by Commissioner Cook, to direct the County Manager to handle it. Motion did not carry; Commissioners O?Brien and Cook voted aye; Commissioners Scarborough, Higgs and Ellis voted nay.

Commissioner Scarborough stated it could not be resolved by discussion, and arbitration will give the Board something tangible to discuss.

Commissioner Ellis stated his concern is how will an arbitrator make calls on speed humps, water drainage, manufacturing, assembly work, ditches, pipes, etc.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to allow Ms. Polk to speak. Motion carried and ordered; Commissioner O?Brien voted nay.

Ms. Polk advised every County Department has already settled the business issue so it is not up for arbitration; she does not care about the road hump or anything else, but it is the harassment that has gone on and on wasting taxpayers money that concerns her. She requested the Board stop wasting taxpayers money on something it cannot resolve; and stated it should never have come to the Board and should have been left with the Charter.

Chairman Cook recommended holding any action in abeyance unless requested by either party to come before the Board, and the Board can then make a final decision.

Commissioner Scarborough stated he gets inquiries in his office and forwards them to staff as a matter of course; it will continue to occur; and he does not want to lose his ability to do that. He stated it is part of his job to get information, but his office has been used to the detriment of the County in this situation; however, he does not know how to determine what is good or not good inquiries.

Chairman Cook recommended holding the issues in abeyance unless there is a legitimate complaint; with Commissioner Higgs responding it will be in the same position because staff has to investigate the complaint. She stated the Charter gives the authority to the County Manager and the Board does not have to see it again; with Chairman Cook responding that is where it should be.

The Board acknowledged Bea Polk?s request to have County staff stop harassing her and her family because of complaints from Helen Smith; and indicated according to the Charter, the problem is under the jurisdiction of the County Manager and the Board does not want to see it again.

Upon motion and vote, the meeting adjourned at 7:37 p.m.

ATTEST: __________________________________

MARK COOK, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

_________________________

SANDY CRAWFORD, CLERK

(S E A L)