The Board of County Commissioners of Brevard County, Florida, met in regular session on August 26, 1997, at 9:05 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Randy O'Brien, Commissioners Truman Scarborough, Nancy Higgs, Mark Cook, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Pastor Tim McClure of Bible Truth Apostolic Church-UPC, Melbourne, Florida.

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

APPROVAL OF MINUTES

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve the Minutes of July 1, 8, 22, 24 and 29, 1997 Regular Meetings, July 25 and August 13, 1997 Special Meetings, and July 31, 1997 Workshop. Motion carried and ordered unanimously.

REPORT, RE: OFFER TO GUY SPEARMAN FOR LOBBYING SERVICES

County Manager Tom Jenkins advised he received a response from Guy Spearman declining the offer of $31,000 to be a lobbyist, as it was too low; and read the letter into the record.

Commissioner Voltz advised of phone calls and letters expressing concern on the way the issue was handled and the appearance of the "Good Old Boy" syndrome. She stated when she asked about a request for proposals (RFP), the County Attorney said it was not necessary; but if the Board is interested in hiring a lobbyist, then it needs to go out for an RFP. Commissioner Cook agreed with Commissioner Voltz, and stated it gave a bad perception by the way it was handled, and only one lobbyist was listed. Commissioner Higgs advised the Board voted five-zero to go forward with hiring a lobbyist.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to direct staff to prepare a request for proposals for lobbying services; and bring it to the Board for consideration on September 9, 1997.

Chairman O'Brien advised the Tourist Development Council passed a motion to add $19,000 to the County's $31,000 to meet Mr. Spearman's $50,000 fee, because there are a lot of tourism issues. Commissioner Scarborough stated the public feels it is the Commissioners job to lobby for issues; and if the Board does not need FAC, the funds could be used to pay for travel to Tallahassee to better communicate with the legislators.

County Manager Tom Jenkins advised the Agenda item gave three options--(1) have a staff person as a lobbyist, (2) go out for RFP, and (3) consider the former lobbyist, who was Guy Spearman. Commissioner Cook stated there was only one name.

Discussion ensued on the complexities of State and Federal governments, the letter from Florida Association of Counties (FAC) on Article V funding and its request to speak to the Board, getting the most qualified person, efforts of Representatives in obtaining funds for Brevard County, other clients of Guy Spearman, local delegation gaining clout, Representative Randy Ball and Congressman Dave Weldon being accessible because they are located in County facilities, and lobbyists being persistent.

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

REPORT, RE: YOUTH GOLF PROGRAM

Commissioner Higgs advised the Youth Golf Program at Spessard Holland Golf Course averaged seven junior golfers per day in 1996 during the summer months, and this summer it averaged 22 junior golfers per day, which is a significant increase. She commended Chuck Nelson, Gene Burgess, Mike Skovran and Jim Sullivan on their excellent efforts to involve junior golfers.

REPORT, RE: STATUS OF REPORT ON CONDITION OF COUNTY BUILDINGS

Commissioner Voltz inquired about the report on the conditions of County buildings; with County Manager Tom Jenkins responding he signed it yesterday and it should be in the courier and on its way today.

PERSONAL APPEARANCE - FRED GALEY, RE: RESOLUTION PROCLAIMING COMMODORE JOHN BARRY DAY

Chairman O'Brien read aloud a Resolution proclaiming September 13, 1997, as Commodore John Barry Day in Brevard County, in honor of his memory and recognition of the sentiments of the Navy veterans, Irish-Americans, and patriotic population.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution proclaiming September 13, 1997, as Commodore John Barry Day in Brevard County. Motion carried and ordered unanimously.

Chairman O'Brien presented the Resolution to Supervisor of Elections Fred Galey. Mr. Galey advised it is his pleasure to accept the Resolution on behalf of the Ancient Order of Hibernians.

FINAL ENGINEERING APPROVAL, RE: TREASURE LAGOON SUBDIVISION

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant final engineering approval for Treasure Lagoon Subdivision, subject to minor engineering changes as applicable, and Board approval not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: OCEAN RIDGE II SUBDIVISION

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant final plat approval for Ocean Ridge II Subdivision, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH FARM & GROVE REALTY CO., RE: AMANDA'S AVENUE

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Unpaved Road Agreement with Farm & Grove Realty Co. for Amanda's Avenue. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION, RE: COMMUNITY BICYCLE SAFETY PROGRAM GRANT

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Agreement with Florida Department of Transportation accepting the Community Bicycle Safety Program grant, and authorize temporary loan from the General Fund not to exceed $13,000. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1, RELEASE OF RETAINAGE AND FINAL PAYMENT TO CANAVERAL CONSTRUCTION, RE: VALKARIA AIRPORT T-HANGARS

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve Change Order No. 1 to Agreement with Canaveral Construction for Valkaria Airport T-Hangars, increasing contract price by $5,602.19 for rolling gate and gutter system; and authorize release of retainage and final payment contingent upon completion of all punch list items and submittal of closeout documentation. Motion carried and ordered unanimously.

APPROVAL OF FINAL PAYMENT TO PAVCO CONSTRUCTION, RE: DETENTION CENTER MINIMUM SECURITY DORMITORY MODIFICATIONS

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve final payment to PAVCO Construction at $4,500 for dormitory modifications at Brevard County Detention Center. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH MACH III DESIGN/BUILD, INC., RE: GOVERNMENT CENTER BUILDING D RENOVATIONS

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve Change Order No. 1 to Agreement with Mach III Design/Build, Inc., for renovations to Building D at the Government Center, reducing contract price by $60,139.10 for owner direct purchase and sales tax savings. Motion carried and ordered unanimously.

LEASE AGREEMENT WITH AARP SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM, RE: SPACE AT SOUTH BREVARD SERVICE COMPLEX

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Lease Agreement with AARP Senior Community Service Employment Program for space at South Brevard Service Complex. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: ANALYTICAL LABORATORY SERVICES

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant permission to bid Analytical Laboratory Services, award bid to lowest responsible and responsive bidder, and authorize the Chairman to sign the contract with the successful bidder. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE, RE: TIDEFLEX CHECK VALVES

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to authorize sole source purchase of Tideflex check valves from Alpha Valve and Controls, Inc. for North Merritt Island drainage improvements, as they are dependable and almost maintenance free. Motion carried and ordered unanimously.

CONTRACT WITH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, RE: STORMWATER MANAGEMENT COST-SHARING PROGRAM

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Contract with St. Johns River Water Management District for stormwater management cost-sharing program in District 3. Motion carried and ordered unanimously.

AGREEMENT WITH ALCO-HALL, INC., RE: DORMITORY ADDITION AT SUBSTANCE ABUSE TREATMENT CENTER

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Agreement with Alco-Hall, Inc. for construction of a dormitory addition for women at the Substance Abuse Treatment Center utilizing Community Development Block Grant funding at $24,014. Motion carried and ordered unanimously.

AUTHORIZATION TO SUBMIT PRE-APPLICATION/LETTER OF INTENT, RE: PRIMARY CARE FOR CHILDREN AND FAMILIES CHALLENGE GRANT

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to authorize the Chairman to execute pre-application/letter of intent for Primary Care for Children and Families Challenge Grants, and all follow-up grant agreements contingent upon approval by Risk Management and the County Attorney. Motion carried and ordered unanimously.

ADOPTION, RE: AMENDED CITIZEN PARTICIPATION PLAN FOR HUD FUNDS

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to adopt Amended Citizen Participation Plan which outlines the process for CDBG and HOME Investment Partnership Program grants allocated to Brevard County by HUD. Motion carried and ordered unanimously.

APPROVAL OF BUDGET CHANGE REQUEST AND REPLACEMENT OF SYSTEM, AND AUTHORIZE CHAIRMAN TO EXECUTE AGREEMENTS WITH GEAC COMPUTERS, INC., RE: LIBRARY SERVICES AUTOMATION SYSTEM

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve the purchase of new library automation system from Geac Computers, Inc. under State Contract; authorize Library Services to negotiate; authorize Chairman to sign new Sales and Licensing Agreement and Maintenance Agreement; and approve Budget Change Request transferring funds for the purchase. Motion carried and ordered unanimously.

CHANGE ORDER NO. 4 WITH HEARNDON CONSTRUCTION, INC., RE: PALM BAY REGIONAL PARK, PHASE III

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve Change Order No. 4 to Agreement with Hearndon Construction, Inc. for Palm Bay Regional Park, Phase III, increasing contract price by $8,713 and time by 38 days to upgrade the low pressure distribution system. Motion carried and ordered unanimously.

REMOVAL FROM INVENTORY, RE: PROPERTY REPORTED STOLEN

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to remove Jacobsen 21-inch aluminum lawn mower, PR #604-0540, and Big Ox back blade, PR #432-0273, from Parks and Recreation Department's property inventory, as they were reported stolen. Motion carried and ordered unanimously.

APPROVAL OF NAMING PARK, RE: FAY LAKE WILDERNESS PARK

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve naming a park at the west end of Fay Boulevard in Port St. John as Fay Lake Wilderness Park. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING REAPPLICATION FOR HRS TRUST/GRANT

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to adopt Resolution authorizing reapplication for HRS Trust/Grant. Motion carried and ordered unanimously.

AGREEMENT WITH BREVARD COMMUNITY COLLEGE, RE: EMERGENCY MEDICAL TECHNOLOGY AND PARAMEDIC PROGRAMS

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Agreement with Brevard Community College to allow students in the Emergency Medical Services field to get hands-on training. Motion carried and ordered unanimously.

THIRD AMENDMENT TO AGREEMENT WITH COASTAL HEALTH SYSTEMS OF BREVARD, INC., RE: EXTENDING AGREEMENT FOR INTERFACILITY TRANSPORT

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Third Amendment to Agreement with Coastal Health Systems of Brevard, extending Agreement for interfacility transport until 1999, to expire at the same time as the Agreement with Harbor City Volunteer Ambulance Squad. Motion carried and ordered unanimously.

APPROVAL TO PURCHASE, RE: 800 MHZ RADIOS

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve purchase of seventeen 800 MHZ radios at $49,597 utilizing the Sheriff's Contract with Erickson G.E. Motion carried and ordered unanimously.

APPROVAL OF ERRORS AND INSOLVENCIES, RE: FY 1996 EMERGENCY MEDICAL SERVICES SPECIAL ASSESSMENT ROLL

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve errors and insolvencies of the FY 1996 Emergency Medical Services Special Assessment Roll, in the amount of $13,930.90. Motion carried and ordered unanimously.

RESOLUTION, RE: REVISING MANATEE SANCTUARY RESOLUTION

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to adopt Resolution revising and updating the Brevard County Manatee Sanctuary Resolution adopted by the Board on April 1, 1976, and authorizing signs to inform the public about manatees. Motion carried and ordered unanimously.

HOLD HARMLESS AGREEMENT WITH MERRITT SQUARE MALL, RE: FALL 1997 HOUSEHOLD HAZARDOUS WASTE ROUNDUP

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Hold Harmless Agreement with Merritt Square Mall for use of its parking lot on November 1, 1997 for the Fall 1997 Household Hazardous Waste Roundup. Motion carried and ordered unanimously.

CHANGE ORDER NO. 12 AND FINAL PAYMENT TO BUTLER CONSTRUCTION COMPANY, RE: NORTH BREVARD WATER TREATMENT PLANT EXPANSION

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve Change Order No. 2 to Agreement with Butler Construction Company for North Brevard Water Treatment Plant Expansion, increasing contract price by $24,038.85 for negotiated settlement of disputed items of work and additional consultant fees needed to resolve conflicts between the contractor and subcontractors; and approve final payment to the contract upon receipt of all required documents. Motion carried and ordered unanimously.

TASK ORDER NO. 8 WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC., RE: MIMS WATER SYSTEM IMPROVEMENTS

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Task Order No. 8 with Post, Buckley, Schuh & Jernigan, to provide engineering services for Mims Water System Improvements. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH RKT CONSTRUCTORS, INC., RE: RENOVATION OF LIFT STATION

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve Change Order No. 1 to Agreement with RKT Constructors, Inc. for renovation of lift station B-7, extending time by 52 days. Motion carried and ordered unanimously.

AUTHORIZATION TO TRANSFER, RE: PROPERTY RECORDS INFORMATION SYSTEM SECTION TO PROPERTY APPRAISER

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to authorize transfer of the Property Records Information System Section to the Property Appraiser, including personnel effective October 1, 1997. Motion carried and ordered unanimously.

AGREEMENT WITH BREVARD COMMUNITY COLLEGE, RE: COMMUNITY SERVICE LEARNING/COLLEGE WORK STUDY PROGRAM

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to authorize the County Manager to enter into a host agency agreement with Brevard Community College's Community Service Learning/College Work Study Program and allow students to work 12 hours a week with the County for one year. Motion carried and ordered unanimously.

AMENDMENT VI TO CONTRACT WITH VISION SERVICE PLAN, RE: PREPAID VISION SERVICES

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Amendment VI to Contract with Vision Service Plan for prepaid vision services with a two-year rate guarantee, effective January 1, 1998. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-3-7-17 AND AGREEMENT WITH PAGENET, RE: PAGING SERVICES

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to award Proposal #P-3-7-17, Lease of Paging Services, to Pagenet, at estimated cost of $17,330 annually; and authorize Communication/Network Department to negotiate terms of the contract and the Chairman to execute the contract. Motion carried and ordered unanimously.

INTERIM AND MASTER AGREEMENTS WITH MUNICIPALITIES, RE: DISTRIBUTION OF SURCHARGE FOR COUNTYWIDE RADIO SYSTEM

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Interim and Master Agreements with Cities of Cape Canaveral, Cocoa, Cocoa Beach, Indian Harbour Beach, Melbourne, West Melbourne, Palm Bay, Rockledge, Satellite Beach, and Titusville, and Towns of Indialantic, Malabar, Melbourne Beach, Melbourne Village, and Palm Shores, for distribution of the $12.50 surcharge for the Countywide Radio System. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, RE: FUNDING FOR HAZARDOUS MATERIALS PLANNING UPDATE PROGRAM

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Agreement with Florida Department of Community Affairs, Division of Emergency Management, for $21,734 to fund the Hazardous Materials Planning Update Program. Motion carried and ordered unanimously.

RELEASE OF PUBLIC DEFENDER LIEN, RE: ARTHUR GUSTAFSON

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to release the Public Defender's lien for Arthur Gustafson. Motion carried and ordered unanimously.

COUNTY DEED, RE: TRANSFERRING PROPERTY IN PORT MALABAR TO BIING-YUEH TSENG

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute County Deed transferring Property in Port Malabar to Biing-Yueh Tseng who paid the outstanding taxes to redeem title to the property. Motion carried and ordered unanimously.

APPROVAL, RE: REVENUE MONITORING REPORT FOR QUARTER ENDING JUNE 30, 1997

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve the Revenue Monitoring Report for the quarter ending June 30, 1997. Motion carried and ordered unanimously.

APPOINTMENT/REAPPOINTMENT, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to appoint George "Ed" Palmer, 1881 Pineapple Avenue, Melbourne 32935, to the Affordable Housing Council, with term expiring December 31, 1997. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING SIGN REGULATIONS

Chairman O'Brien recommended the public hearing on the ordinance amending the sign regulations be continued to September 9, 1997.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to continue the public hearing on an ordinance amending the sign regulations until September 9, 1997. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC ACCESS EASEMENT IN SOUTH SHORES RIVERSIDE - BRIAN M. SCULTHORP

Chairman O'Brien called for the public hearing to consider a resolution vacating a public access easement in South Shores Riverside, as petitioned by Brian M. Sculthorp.

Commissioner Higgs advised included in the Agenda package are an assessor's map and surveyor's map; and inquired if the assessor's map has to be a part of the Agenda; with Beverly Sutphin responding it was included only to show an enlarged area and is not necessary for the vacating; and presented an alternate map. County Attorney Scott Knox advised only the shaded area is being considered for vacating. Commissioner Higgs recommended substituting the assessor's map with the alternate map, as the recreation area and canals have nothing to do with the vacating. Ms. Sutphin advised it will eliminate the easement for emergency vehicles so they can replat it, and Mr. Sculthorp will provide a new easement.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution vacating public access easement in South Shores Riverside, as petitioned by Brian M. Sculthorp. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN PLAT OF TOWN OF PINEDA - PHILLIP F. NOHRR, ESQUIRE

Chairman O'Brien called for the public hearing to consider a resolution vacating rights-of-way in Plat of Town of Pineda, as petitioned by Phillip F. Nohrr, Esquire. Mr. Nohrr stated he will answer any questions the Board may have.

There being no objections heard, motion was made by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution vacating rights-of-way in Plat of Town of Pineda, as petitioned by Phillip F. Nohrr, Esquire. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE CREATING SELLERS LANE WATER MSBU

Chairman O'Brien called for the public hearing to consider an ordinance creating Sellers Lane Water Municipal Service Benefit Unit (MSBU).

Arthur Griffin, homeowner on Sellers Lane, advised all the residents voted yes for the MSBU; the City of Cocoa estimated the cost to put water in there; and the notices from the County increased the cost, but they are still in favor of it.

Lori Broome advised the fire hydrant was not needed so it was removed; and the estimate was for a 400-foot long street, but the street is only 340 feet long, so they requested eliminating 60 feet.

There being no further comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner Voltz, to adopt Ordinance creating Sellers Lane Water Municipal Service Benefit Unit; incorporating the terms and provisions of Chapter 98, Article II, Code of Ordinances of Brevard County, entitled "Special Assessments and Bonds," to authorize the acquisition and construction of certain capital improvements within such improvement area and the imposition of non-ad valorem assessments within such improvement area; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE CREATING SHELL WOOD DRIVE WATER MSBU

Chairman O'Brien called for the public hearing to consider an ordinance creating Shell Wood Drive Water Municipal Service Benefit Unit (MSBU).

There being no objections heard, motion was made by Commissioner Cook, seconded by Commissioner Voltz, to adopt Ordinance creating Shell Wood Drive Water Municipal Service Benefit Unit; incorporating the terms and provisions of Chapter 98, Article II, Code of Ordinances of Brevard County, entitled "Special Assessments and Bonds," to authorize the acquisition and construction of certain capital improvements within such improvement area and the imposition of non-ad valorem assessments within such improvement area; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE REPEALING SELECT ECONOMIC DEVELOPMENT AD VALOREM EXEMPTIONS

Chairman O'Brien called for the public hearing to consider an ordinance repealing previously granted economic development ad valorem tax exemptions for select companies that appear to no longer meet the criteria of Chapter 196.012, Florida Statutes.

There being no comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner Higgs, to adopt Ordinance repealing Ordinance No. 96-09, relating to the economic development ad valorem exemption granted to Tru-Mension Manufacturing, Inc.; repealing Ordinance No. 96-32, relating to the economic development ad valorem exemption granted to Advanced Steel Systems; repealing Ordinance No. 96-38 relating to the economic development ad valorem exemption granted to Harris Corporation-Semiconductor Sector; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTIONS ON SOLID WASTE ASSESSMENT ROLLS, SCHEDULE OF RATES, IMPACT FEE, AND SPECIAL ASSESSMENTS FOR FY 1997-98

Chairman O'Brien called for the public hearing to consider Resolutions relating to Solid Waste Assessment Rolls, Schedule of Rates, Impact Fee, and Special Assessments for FY 1997-98.

Commissioner Cook advised no increase in the fees is proposed.

There being no further comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolutions ratifying, confirming and certifying annual collection and recycling program special assessment roll; ratifying, confirming and certifying annual disposal assessment roll; adopting schedule of annual rates, assessments and charges for Solid Waste System; approving imposition of annual solid waste collection and recycling program special assessment; and approving imposition of solid waste impact fee on newly improved real property in incorporated and unincorporated areas of the County. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING DRAINAGE EASEMENT IN PLAT OF VIERA NORTH PUD, PARCEL 1-THE GREENS AT VIERA EAST APARTMENTS - I. S. VIERA ASSOCIATES

Chairman O'Brien called for the public hearing to consider a resolution vacating a drainage easement in Plat of Viera North PUD, Parcel 1-The Greens at Viera East Apartments, as petitioned by I. S. Viera Associates.

Beverly Sutphin advised staff has received a new easement in exchange for the easement being considered for vacating.

There being no objections heard, motion was made by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution vacating drainage easement in Plat of Viera North PUD, Parcel 1-The Greens at Viera East Apartments, as petitioned by I. S. Viera Associates. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITIES AND DRAINAGE EASEMENT IN REPLAT #2 OF THE CLOISTERS - ARTHUR AND NANCY TOWNSHEND

Chairman O'Brien called for the public hearing to consider a resolution vacating a public utilities and drainage easement in Replat #2 of The Cloisters, as petitioned by G. Arthur and Nancy Townshend.

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Higgs, to adopt Resolution vacating public utilities and drainage easement in Replat #2 of The Cloisters, as petitioned by G. Arthur and Nancy Townshend. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITIES AND DRAINAGE EASEMENT IN THE LEGENDS, UNIT 1 - FRED AND CAROL WHALEY

Chairman O'Brien called for the public hearing to consider a resolution vacating public utilities and drainage easement in The Legends, Unit 1, as petitioned by Fred E. and Carol B. Whaley.

Commissioner Cook advised the letter from Suntree Masters Homeowners Association approved the plans for the property, and there does not appear to be a conflict with deed restrictions. Beverly Sutphin advised there is nothing that prohibits using more than one lot.

There being no objections heard, motion was made by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution vacating public utilities and drainage easement in The Legends, Unit 1, as petitioned by Fred E. and Carol B. Whaley. Motion carried and ordered unanimously.

APPROVAL OF CITY OF MELBOURNE'S REQUEST, RE: CREATION OF NEW COMMUNITY REDEVELOPMENT AREA

Attorney Paul Gougelman, representing the City of Melbourne, requested the Board adopt a resolution authorizing the City to create a new Babcock Street community redevelopment agency. He advised he and County Attorney Scott Knox discussed the appropriate procedure for delegating authority and for the City to actually implement finding of necessity and other appropriate resolutions; and they both are in concurrence that the Board needs to consider the issue first, then the City can go forward after it receives the delegation of authority from the Board. He noted Planning and Zoning Administrator Peggy Braz is present to address the Board on behalf of the City Manager's Office, and Councilperson Pat Poole is also present.

Chairman O'Brien recommended authorizing the City of Melbourne to create a new redevelopment agency with the same stipulations imposed on the City of Cocoa, which were a 25-year limit and administrative costs not to exceed 25% of the revenues, along with the language for MIRA. Commissioner Voltz advised she talked to the City Manager who agreed with the Cocoa issue.

County Attorney Scott Knox advised Florida Statutes require a charter county to delegate the authority to the City before it can exercise community redevelopment agency powers, including the power to declare a blighted area, so Mr. Gougelman is correct.

Motion by Commissioner Cook, to adopt Resolution delegating community redevelopment agency powers to the City of Melbourne to consider creating the Babcock Street Community Redevelopment Area.

Chairman O'Brien requested the motion be held until Councilperson Poole has an opportunity to address the item.

Councilperson Pat Poole advised she spoke to the City Manager and explained her problem, and he agreed that what she was talking about was a resolution declaring a blighted area and not a resolution of necessity. She read portions of Florida Statutes 163.360(1) requiring a resolution and not a motion from the city council, and the motion made at the Melbourne City Council meeting of July 22, 1997, directing staff to proceed with necessary requirements to establish the Babcock Street corridor, between Laurie Street and New Haven Avenue, as a community redevelopment area. She stated City Council has not declared it a blighted area; Florida Statutes clearly state that it shall not be planned or initiated unless the governing body has by resolution; and there was no resolution. Ms. Poole advised Council has not seen what Mr. Gougelman wrote; the Board agreed that the Council should at least have a chance to review the resolution submitted to the Board, and postponed a decision for the Council to meet; the Council will meet tonight; and requested the Board continue the issue until its next meeting. She stated the item was tabled to a time certain to give the Council time to meet and then come back to the Board; she wants a resolution of necessity and wants the County to authorize it; and the resolution she is asking for from the Council is to request the Board to do it, and not just have a motion. She noted Messrs. Knox and Gougelman must agree there is a difference in a motion and a resolution. She stated she did not know the County Attorney could put it back on the Agenda when it was tabled to a time specific; and when Council does that, it is not changed until it has a meeting to change it. She stated Council will be discussing it tonight; and requested the Board wait until its next meeting to make a decision.

Commissioner Higgs advised the advice of the Assistant County Attorney at the last meeting was to comply with the Florida Statutes which indicated a resolution was needed from the City declaring a blighted area; and tonight Attorney Gougelman and Attorney Knox are saying the Board does not need the resolution from the City, but the City needs a resolution from the Board before it can go forward and establish the redevelopment agency. She stated all the resolution does is delegate the authority to the City; and the Board is not creating an agency, but delegating that ability to the City. Commissioner Cook stated he does not disagree, but the Board tabled the item to allow a local elected official an opportunity to take it before the Council even if it took no action. He stated he will withdraw his motion to adopt the Resolution because the whole point of continuing it was so City Council could discuss it.

Chairman O'Brien advised the Board can approve it, disapprove it, or take no action; and if it takes no action, the first motion stands until the City Council can hear the item and return to the Board with its resolution. He stated whether the resolution is required or not is not the point; and the point is the Board felt Council should discuss it first then bring it to the Board if it still desired to do that.

Commissioner Higgs reiterated the request to the Board is not to establish the agency, but to delegate the authority to the City Council. Mr. Knox advised the Board has the authority to establish the agency in the City of Melbourne; and until it delegates that authority to the City, the City has no ability to act on it at all. Commissioner Higgs again stated the Board would not be establishing the agency but giving the City the ability to do that; and it must do it by resolution as stated in the Florida Statutes. Ms. Poole stated if that is the case, then that is all that should be in the resolution, but the resolution has 11 pages which does not just delegate to the City. She stated the resolution should wait until the City discusses it; it has not seen the resolution; Mr. Gougelman mentioned to the City Manager that it may have been good to go to the City Council first; she asked the City Manager if there was a rush to get it through and he said no; and the Mayor was asked the same question at the last Board meeting, and said no. She stated she wants the Council to have a fair chance to discuss it. Commissioner Higgs stated the resolution says "hereby delegates all powers under Part III, Chapter 163, Florida Statutes, to the City Council of Melbourne. . ." and enumerates those powers on the following pages; that is all it does; and it does not establish the agency.

Commissioner Voltz inquired why did it come back up now; with Mr. Knox responding he rendered an opinion that modified Shannon Wilson's opinion; and Mr. Gougelman may have called Mr. Jenkins and request it be put back on the Agenda.

Mr. Gougelman advised the memo from the Deputy Clerk to the Board to Mr. Jenkins basically says it was tabled to allow the City Council of Melbourne to take appropriate action; he understands there was confusion over who had to act first and whether a resolution was needed from the City; after discussing it with the County Attorney and City Manager and reading Florida Statutes, there was a consensus that once the Council decides it wants to move forward with a community redevelopment agency project, before it can exercise any authority at all under Chapter 163, it has to come to the Board to get that authority delegated; so it was the position that the appropriate step would be to come to the Board and ask for the resolution giving the City the authority to move forward. Mr. Gougelman stated Councilperson Poole has a point on discussing it; it is not on the official agenda for tonight's meeting, but it could be brought up under Petitions and Remonstrances; and he was advised the City Manager suggested that to her. He stated the reason it is not on the agenda is because there is no appropriate action for the City to take; the only appropriate action may be further discussion, but that is an internal matter; and by passing the resolution today, the Board is not establishing the agency, but delegating the authority to the City to do that. He stated if the City discusses it further and decides it will not establish it, it does not have to; but previous discussions by Council and review of staff reports indicate it will move ahead and establish it. Mr. Gougelman advised if the Board does not pass the resolution today, legally it is not required to go back to the City Council; if a Council member wanted to initiate discussion, he or she has the power to do so; and if the Board passes the resolution, that means the City can start taking appropriate actions under the Florida Statutes.

Planning and Zoning Administrator Peggy Braz advised if the Board passes the resolution today, on September 9, 1997, they will try to have a declaration of necessity from City Council, then do a plan before it can establish the area; and although they could do a resolution of necessity by September 9th, they would not have a plan for a couple of months. Commissioner Voltz stated there is no dramatic hurry to get it done; and the issue is not who is right or wrong, but that the Board requested it come back after Melbourne City Council discussed it. Ms. Braz stated the only urgency they have is to try and get the base year in 1997.

Mayor John Buckley advised the Board asked that it come back with a resolution because the Assistant County Attorney felt it was necessary; however, the County and City Attorneys agreed the City did not need that resolution. Commissioner Cook stated the intent was to have Council discuss it because a Council member asked for that opportunity prior to the Board taking action. Commissioner Voltz agreed with Commissioner Cook.

Discussion ensued on dates for meetings of the City Council, the vote of Council on the item, time certain for the item on the Board's agenda, and what is being asked of the City.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to table request from the City of Melbourne for authority to create a new community redevelopment agency until September 9, 1997.

Mr. Gougelman stated Council will not be able to take action this evening. Commissioner Voltz stated Ms. Poole asked to discuss it with Council because the resolution before the Board was not given to the Council; and if the Board passed the resolution on September 9, 1997, then the Council can do what it wants to do.

Mayor Buckley advised the Council discussed the item fully; it had a study done by Rochelle Lawandales who made a presentation to the Council; and Council voted 6 to 1 to go forward. The resolution was given to the Council members when it was prepared; and no Councilperson said there was a problem or asked to put it on the Agenda.

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

The meeting recessed at 10:31 a.m., and reconvened at 10:51 a.m.

APPROVAL OF EXPENDITURE FROM SHERIFF'S CONTINGENCY FUND, RE: CASSINI SATURN LAUNCH PREPARATION TRAINING

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve reallocation of $40,000 from the Sheriff's Law Enforcement Operating Expenditures to his Law Enforcement Compensation and Benefits Fund to support field force training required to prepare for the Air Force's Cassini Saturn probe launch.

Chairman O'Brien inquired if the Sheriff will be reimbursed by NASA or the Air Force for the expenses; with Sheriff's Finance Director Mike Abels responding they have submitted a $164,000 request for reimbursement of expenses, but do not know if they will receive it or when it will come if approved.

Discussion ensued on the Sheriff's responsibility to protect the public off the base, participation by the federal government, reimbursement requests only made for major instances and not short-term disturbances, services to be provided by the Sheriff's Department for the Cassini launch, protest to stop the launch, and deputizing Air Force personnel to make arrests.

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

RESOLUTION, RE: AUTHORIZING DRAW FROM TAX EXEMPT COMMERCIAL PAPER PROGRAM

Chairman O'Brien advised the draw is to fund the Shell Wood Drive and Sellers Lane Waterline MSBU's.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to adopt Resolution authorizing the borrowing of $120,000 from the pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the terms of the Loan Agreement in order to finance certain capital improvements within the County; authorizing the execution of a Loan Note or Loan Notes to evidence such borrowing with a covenant to budget and appropriate legally available non-ad valorem revenues as provided in the loan Agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date; authorize the Chairman to sign all necessary documents; and direct staff to execute budget changes to recognize the debt proceeds and appropriate funds for the projects. Motion carried and ordered unanimously.

PERMISSION TO SCHEDULE EXECUTIVE SESSION, RE: TEMPORARY LIVING CENTER, INC. v. BREVARD COUNTY

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to authorize advertising and scheduling an executive session to discuss strategy related to litigation regarding Temporary Living Center, Inc. (TLC) v. Brevard County. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - JAMES STRICKLAND, RE: VARIANCE TO ZONING CODE

James Strickland requested the Board consider amending the Zoning Code regarding permits for temporary living quarters that would allow a performance bond in the amount equal to the cost of the foundation and plumbing in lieu of the rough plumbing being in before a mobile home can be moved on the property. He advised they have been trying to sell their house; the closing is September 19, 1997; they have less than two weeks to move out; and they have 5.5 acres and a lot of room for a mobile home. He stated they have two children and pets, and getting short-term rental with pets is nearly impossible. He noted there has been vandalism and brush fires on his property; and they have water and a septic tank sufficient enough to accommodate the mobile home.

Commissioner Cook inquired if Mr. Strickland is requesting permission to provide a performance bond before moving a mobile home on his property while his house is being built; with Mr. Strickland responding yes, and for security.

Motion by Commissioner Cook, to direct staff to amend the Ordinance and allow Mr. Strickland to go ahead with building his house.

Commissioner Scarborough inquired if the Board will amend the ordinance before he moves on the property. Commissioner Cook responded any enforcement could be held in abeyance; and inquired if that is possible; with County Attorney Scott Knox responding yes. Commissioner Scarborough stated he has nothing against it, but the County needs tighter rules to protect the County and not walk into a blind situation. Commissioner Cook inquired how long would it take to amend the ordinance; with Zoning Official Rick Enos responding it would take longer than to install the foundation and plumbing because it has to go to the Local Planning Agency then to the Board which would take about six weeks.

Mr. Strickland stated he would have to find a house or property to live on before October; they are modifying their plans and working on financing and will not be ready to build for at least ten days; and inquired if the Board could nullify the permit for the mobile home if construction does not begin at a time certain.

Discussion ensued on definition of a performance bond, setting a precedent by allowing it for Mr. Strickland, possible problems, and complexities.

Commissioner Cook withdrew the motion.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to direct staff to amend the Zoning Code to allow alternatives to rough plumbing and slab being in place for a temporary living facility permit. Motion carried and ordered unanimously.

Chairman O'Brien advised it could take six to eight weeks, but the Board does not have another solution; with Mr. Strickland responding it could waive the requirement. County Attorney Scott Knox noted the Board could direct staff not to enforce the ordinance. Mr. Strickland stated he has selected a mobile home but does not want to buy it until he knows the house will closes.

Commissioner Voltz stated staff could come back to the Board on September 9, 1997 and let it know the status of the situation.

FINAL PLAT APPROVAL, RE: SOUTH SHORES RIVERSIDE, PHASE 2

Commissioner Higgs advised the information she received in her Agenda package and followed up on with staff is not consistent with the information she received this morning; and requested the item be continued to September 9, 1997.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to table final plat approval for South Shores Riverside, Phase 2 until September 9, 1997. Motion carried and ordered unanimously.

APPROVAL, RE: COMMUNITY BASED ORGANIZATIONS FUNDING PROGRAM RECOMMENDATIONS

Commissioner Cook advised the $40,000 for the Child Care Association and the $10,000 set aside authorized by the Board was to come out of the CBO funding, but it appears to have been added to that funding.

Housing and Human Services Director Bernice Jackson advised the proposed budget for FY 1997-98 for the CBO is a total of $426,000; the set aside is $10,000, internal support is $43,295, and $40,000 is the Child Care Partnership grant which will all be reduced from the total budget. She noted the Advisory Board is working with $333,000 to be awarded based on the Board's approval and acceptance of the Agenda item today.

Commissioner Cook stated the $40,000 and $10,000 was to come out of the $333,000; with Ms. Jackson responding those are coming out of the $383,000 which is the total budget after internal support has been deducted. Commissioner Cook inquired about the $43,000 for internal support; with Ms. Jackson responding it is for administering all the programs, staff salary, time and supplies. Commissioner Cook stated the CBO is made up of volunteers that meet sporadically; with Ms. Jackson responding they meet monthly during the process and set up criteria to work from; after that they meet as necessary; but staff continuously monitors previous agreements, do onsite monitoring, and monitor measurable outcomes. Commissioner Cook stated $43,000 is high for administration; and suggested the item be tabled and staff provide a breakdown of expenses that is justifiable.

Chairman O'Brien advised the Children's Service Council and United Way were added to the CBO Committee; and indicated it may have been a mistake, as they are not Board appointees. Commissioner Higgs stated the Board amended the Resolution in April 1996 to include those two agencies; with Chairman O'Brien stating the Board could reverse it for the future.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to table the Community Based Organizations Funding Program recommendations from the Citizens Advisory Board until September 9, 1997. Motion carried and ordered unanimously.

AGREEMENT WITH CORPS OF ENGINEERS, APPROVAL OF PED-RELATED WORK, AND DESIGNATION OF PROJECT MANAGER, RE: SHORE PROTECTION PROJECT

Beach Management Coordinator Mark Crosley advised they are overcoming another hurdle to secure federal and State cost-sharing funding for the beach renourishment project which currently addresses the severe erosion along 12.8 miles of the Atlantic shoreline, including all areas north of Patrick Air Force Base and in Indialantic and Melbourne Beach. He requested the Board approve the Preconstruction, Engineering Design Agreement phase of the project which is a two-year agreement with the U.S. Army Corps of Engineers to produce engineering and design work necessary to bid the project. He noted the cost share is 25% Brevard County and 75% federal. Mr. Crosley advised there is a significant amount of work which staff refers to as PED-related work, which they are requesting the Board approve; and the majority of the work is required by the State. He introduced Osvaldo Rodriguez, the Study Manager; John Pax, Attorney with the Corps of Engineers, and Dr. Kevin Bodge, Principle Engineer with Olsen & Associates, the County's Coastal Consultants; and noted they are available to answer questions. He thanked many people involved in the project, including Chairman O'Brien, Congressman Weldon, Senators Graham and Mack, the Tourist Development Council, the beach communities, and Bob Lawton, Chairman of the Beach Erosion Control Advisory Committee.

Commissioner Voltz inquired where will the 25% County funds come from; with Mr. Crosley responding all the funding for the beach management program is available in tourist development dollars, and the project is within budget over the next two years.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Preconstruction, Engineering and Design Agreement with the U.S. Army Corps of Engineers; approve the required PED-related work items; and designate the Office of Natural Resource Management to continue project management for the project.

Alberto Lee advised learned through his career that if there is a problem, fix it or kill it; the beach erosion problem was created by the Corps in the 1960's to let submarines into the Port; now there are cruise ships and a lot of economic activity; and tax money, not only from Florida, will pay for the sand that is being washed away year after year. He stated a better solution is to get a bull dozer and do away with the jetty; after Melbourne Beach and north of the jetty there is no problem; and another alternative is to live with the economic benefit and let those who derive the benefits pay for the project. He stated the Corps created the jetty not for cruise ships but for submarines; the submarines are now in Georgia; and the Corps could destroy the jetty to correct the problem.

Commissioner Voltz stated that is the ideal and how it should work, but it was not done in the beginning and would be difficult to go back, so the Board has to go with what it has at this time.

Dr. Bodge advised it would be very difficult to develop who benefits; the Corps and federal government have done the next best thing to tearing up the jetty; and that is to implement a sand bypass and management program at the Port. He stated monitoring shows it has done a very good job in reducing ongoing littoral impact of the Port; but now the County is faced with repairing the historical damage that the Port jetty has done; and that is what this project is for.

Bob Lawton, Chairman of the Beach Erosion Control Advisory Committee, advised federal taxpayers benefit fom putting sand on the beach and restoring the beaches through the benefits that accrue to the County and Nation from the Port; those costs may have to be shared through the coming years for renourishing the beaches because they cannot replace the sand once and have it there for eternity; and he does not mind spending his federal tax money to restore the beaches and fix the problem that a federal project created.

Chairman O'Brien explained in detail what happened in the past and what the Port has been doing to correct the problem. Commissioner Cook reiterated the match from TDC is appropriate because a part of those revenues were set aside for beach renourishment and approved by the voters. He stated there were obstacles raised by Department of Environmental Protection and U.S. Fish and Wildlife Service with regard to warm reefs that impact the scope of the project; and Satellite Beach City Council supports the project.

Commissioner Scarborough advised Mr. Lee asked questions of how much will be a recurring cost; and inquired if staff could respond. Mr. Crosley advised they have a multi-faceted approach to beach management; and they have looked at dune renourishment and repair in the south part of the County, large-scale beach renourishment project, and working with the Port on sand bypassing. He stated the sand bypassing will reduce the overall requirements for sand in the future; and they are trying to get back some of the beach that was lost over the four years of inactivity. Commissioner Scarborough inquired if the scope is of the same magnitude annually; with Dr. Bodge responding the conceptual plan the Corps will be formalizing through the Agreement is based on calculations for a nominal six-year renourishment interval; they assume maintenance and renourishment of the beaches will be required every six to eight years; and they have reason to believe it is a prudent prediction because they took steps to be sure sand will be supplied to the beach through the sand bypass operation. He stated they do many projects around the United States and the world; initial projects do very well in repairing the hemorrhaging and reestablishing the base that eroded away; and subsequently, after a couple of renourishments, the beach will be back in a much healthier state and future renourishment requirements decline. He stated this will not be an annual maintenance requirement.

Commissioner Cook recommended staff continue to work with Department of Environmental Protection and Fish and Wildlife to resolve whatever issues that may be outstanding with regard to the warm reefs and renourishment in that area.

Environmental Services Administrator Stephen Peffer advised the six-year maintenance interval will be significantly less than the project being referred to now, which is restoration. Chairman O'Brien stated the bypass may be annual or semi-annual and would reduce the need for further restoration projects in the future.

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

ASSIGNMENT OF OPTION TO PURCHASE, AND AUTHORIZATION TO ISSUE CHECK, RE: ACQUISITION OF VALLE PROPERTY BY EEL PROGRAM

Motion by Commissioner Cook, seconded by Commissioner Higgs, to execute Assignment of Option to Purchase with The Nature Conservancy for property owned by Jose Valle, Mark Axelbert, and Enrique R. Hutterli as curator of the Estate of Walter Hutterli under the EEL Program. Motion carried and ordered unanimously.

Commissioner Cook advised he supports the acquisition, but any items that are in excess of a certain amount of money should not be put on the Consent Agenda.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to direct that any items for any projects that exceed the cost of $250,000 shall not be put under Consent and shall be put under New Business of the Agenda. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Chairman O'Brien advised page 41 shows an airline ticket from Seattle to Orlando, probably for a witness or expert, and the price of that ticket was $1,756; a round-trip ticket to Seattle can be purchased for approximately $480 and tops $700; and if the person is not going to fly on the date the ticket is for, the date can be changed for $30. He stated it is very poor management of public money; an agent dealing with the Court System is not being totally honest with the people buying tickets; there are many things that can be done to reduce those costs; and the courts should be advised that the Board is showing deep concern about the amount of money being thrown away just to get a witness in for one day.

Commissioner Voltz inquired who makes the reservations; with County Manager Tom Jenkins advising the State Attorney's Office schedules witnesses and experts. Commissioner Cook suggested the County Manager or County Attorney look at the issue, as it has come up before. Commissioner Higgs advised every time the Board asked about it and documented the savings that could be achieved, they said they do not know far enough in advance when to schedule witnesses. Commissioner Scarborough stated sometimes there is plea bargaining and no need for a witness, but it could be cheaper to forfeit $400 than to spend $1,700 for a ticket that they could get full refund on. He noted it is worth asking the State Attorney to have their travel agent come back with an explanation.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the bills and budget transfers, minus page 41, and direct the County Attorney to ask the State Attorney about his policy on purchasing tickets for witnesses. Motion carried and ordered unanimously.

PUBLIC COMMENT - ED FLEIS, RE: SOUTH SHORES RIVERSIDE, PHASE 2

Ed Fleis advised he understands there was concern with Item III.A.3 on the Agenda regarding final plat approval.

By no objections to discussion of the item, the Board lifted the table on Item III.A.3., final plat approval for South Shores Riverside, Phase 2.

Commissioner Higgs advised she met with staff, went over the map, and it was defined as a particular area, but the information she received was inconsistent. She stated she does not have a problem with the layout of the lots, but the canal is shown on the plat and on the notes of the plat with ingress and egress that may indicate to buyers that they will get a canal with ingress and PUBLIC COMMENT - ED FLEIS, RE: SOUTH SHORES RIVERSIDE, PHASE 2 (CONTINUED)

egress, which is not the case. She stated if the County Attorney can provide information to take care of that concern, she would not mind approving the plat.

Mr. Fleis advised he gave an access easement across the canal in Villas at Sunset Point, but the canal was not accessible then because it had accumulated five feet of muck and debris and could not be used until they got an exemption to do maintenance dredging which occurred three weeks ago. He noted now they are using it and are happy with it. He presented and explained an aerial view of South Shores Riverside and how the canal was constructed; and stated almost all sales agreements brings out a point about maintenance dredging being required for the canal.

Commissioner Higgs stated it is more adequately referred to as a ditch; she takes issue with staff giving the Board something when it is not what it will deal with; and they need to be given accurate maps. She stated the terminology in the Comprehensive Plan says there will be no new canals connected to the Indian River Lagoon; and she wants to be sure the Board does not set itself up for people being misrepresented or interpreting things incorrectly.

Commissioner Cook advised the County Attorney needs to provide language that the Board is not representing it is an accessible canal by approval of the plat, and that it may be accessible at some point with proper permits. He inquired if Mr. Fleis could work with Mr. Knox on that; with Mr. Fleis responding yes.

Mr. Knox advised the Board could make a motion to approve the plat contingent upon the applicant and he working out some language that would disclose the state of the canal as being non-navigable at this time. Commissioner Higgs recommended adding that it not be connected to the Indian River Lagoon. Mr. Fleis stated it is connected by way of the canal to the north.

Commissioner Higgs inquired if there are other issues in regard to the canal that need to be clarified in addition to navigation; with Mr. Knox recommending whatever they deem appropriate because he is not sure, without looking at more specifics on the plat, what it is he has to change; and it may be something in addition to navigation.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to grant final plat approval for South Shores Riverside, Phase 2, subject to minor changes if necessary, receipt of all documents required for recording, contingent upon the County Attorney, Commissioner Higgs, and Ed Fleis, representing Floridron, Ltd., Inc., working out appropriate language to clarify any problems on the plat, included but not limited to, the ditch being represented as navigable.

Commissioner Scarborough recommended whatever language is drafted is reviewed by Commissioner Higgs; and if she feels the Board needs to re-address the item, she could bring it back to the Board. He stated if it is part of the motion, he could support it.

Commissioner Higgs and Commissioner Cook accepted an amendment to the motion that the language drafted be reviewed and approved by Commissioner Higgs.

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

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 12:11 p.m.

RANDY O'BRIEN, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

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