The Board of County Commissioners of Brevard County, Florida, met in regular session on September 10, 1996, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, 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 Commissioner Randy O?Brien.

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

APPROVAL OF MINUTES

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve the minutes of the May 14, 1996 Regular Meeting, May 28, 1996 Regular Meeting, May 29, 1996 Zoning Meeting and August 21, 1996 Special Meeting. Motion carried and ordered unanimously.

REPORT, RE: AWARD TO SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT FACILITY

County Manager Tom Jenkins advised the Environmental Protection Agency 1996 National First Place Award for Outstanding Operations and Maintenance Program in a Large Non-Discharging Category has been awarded to the South Central Regional Wastewater Treatment Facility; and recognized the efforts of staff in achieving such award.

APPROVAL, RE: MOVE AGENDA ITEMS

Commissioner O?Brien requested Item III.E.6 be moved to Section VII.

Commissioner O?Brien requested Item III.B.20 which he pulled last week be returned to the Consent Agenda. County Manager Tom Jenkins advised the item is included on the Agenda under New Business. Chairman Cook suggested handling it under New Business.

REPORT, RE: AGENDA POLICY

Commissioner O?Brien advised he received 35 pages of Agenda backup yesterday which is contrary to Board policy.

REPORT, RE: ORDER OF AGENDA

Chairman Cook advised Items IV.C, V.A, and VI.D.2 will be taken together, and V.D. will be taken prior to V.B. He pulled Item III.E.2 from the Consent Agenda.

FINAL PLAT APPROVAL, RE: HUNDRED ACRE WOODS, UNIT 4 Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to grant final plant approval for Hundred Acre Woods, Unit 4, subject to minor changes if necessary and receipt of all documents required for recording. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: MEADOW LAKE SUBDIVISION Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to grant final engineering approval for Meadow Lake Subdivision, subject to minor engineering changes as applicable. Motion carried and ordered unanimously.

RESOLUTION, RE: NAMING BRIDAL PATH LANE

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to adopt Resolution naming Bridal Path Lane in Township 23 South, Range 35 East, Section 16. Motion carried and ordered unanimously.

RESOLUTION, RE: RENAMING KINCAID LANE AS HILLIARD LANE

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to adopt Resolution renaming Kincaid Lane as Hilliard Lane in Township 26 South, Range 37 East, Section 8. Motion carried and ordered unanimously.

CONTRACT WITH WILLOWS II DEVELOPMENT COMPANY, INC., RE: GUARANTEEING INFRASTRUCTURE IMPROVEMENTS FOR THE WILLOWS, PHASE II

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to execute Contract with Willows II Development Company, Inc. guaranteeing infrastructure improvements for The Willows, Phase II. Motion carried and ordered unanimously.

REDUCTION OF ADMINISTRATIVE FINE AND SATISFACTION OF LIEN, RE: AUGUSTA AND RUTH WILLIAMS

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to approve reduction of Administrative Fine and Satisfaction of Lien for August and Ruth Williams on property located at 3671 Catalina Drive, Cocoa. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING KENNETH M. PARKER

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to adopt Resolution commending Kenneth M. Parker for 28 3/4 years of service to Road and Bridge. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE FOR BIDS AND ACCEPT LOW BID, RE: TRANSPORTABLE HYDRAULIC DREDGE AND ASSOCIATED EQUIPMENT

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to grant permission to advertise bids and accept low bid for a 10"/12" Transportable Hydraulic Dredge and associated equipment. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE FINAL PUBLIC HEARING, RE: RESOLUTION ACCEPTING IMPROVEMENTS AND ADOPTING FINAL ASSESSMENT ROLL FOR SR 520 GRAVITY SEWER MSBU PROJECT

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to grant permission to advertise final public hearing on October 15, 1996 to consider accepting improvements and adopting the final assessment roll for the S.R. 520 Gravity Sewer MSBU project. Motion carried and ordered unanimously.

APPROVAL, RE: REMOVAL OF ITEMS FROM ROAD AND BRIDGE PROPERTY INVENTORY

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to approve removal of fourteen listed items from the Road and Bridge Property Inventory. Motion carried and ordered unanimously.

AGREEMENT WITH ALCO-REST, INC., RE: SUBSTANCE ABUSE COUNSELING SERVICES

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to execute Agreement with Alco-Rest, Inc. to provide substance abuse services from October 1, 1996 through September 30, 1997 at $12,000. Motion carried and ordered unanimously.

AGREEMENT WITH SALVATION ARMY, RE: TEMPORARY EMERGENCY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to execute Agreement with Salvation Army to provide temporary emergency shelter for victims of domestic violence from October 1, 1996 through September 30, 1997, at $25,000. Motion carried and ordered unanimously.

AGREEMENT WITH VIETNAM VETERANS OF BREVARD, INC. RE: SHELTER AND SUPPORT SERVICES TO HOMELESS VETERANS

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to execute Agreement with Vietnam Veterans of Brevard, Inc. to provide shelter and support services to homeless veterans from October 1, 1996 through September 30, 1997, at $5,000. Motion carried and ordered unanimously.

AGREEMENT WITH CRISIS SERVICES OF BREVARD, INC., RE: INTERVENTION, SUPPORT, INFORMATION AND REFERRAL SERVICES

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to execute Agreement with Crisis Services of Brevard, Inc. to provide intervention, support, information, and referral services from October 1, 1996 through September 30, 1997, at $10,000. Motion carried and ordered unanimously.

AGREEMENT WITH BREVARD ACHIEVEMENT CENTER, INC., RE: TRAINING, SUPPORT, AND EMPLOYMENT FOR DISABLED CITIZENS

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to execute Agreement with Brevard Achievement Center, Inc. to provide disabled citizens training, support and employment services from October 1, 1996 through September 30, 1997, at $50,000. Motion carried and ordered unanimously.

AGREEMENT WITH BIG BROTHERS/BIG SISTERS OF BREVARD, INC. RE: ESTABLISHING DEVELOPMENTAL RELATIONSHIPS WITH CHILDREN AGES 6-14

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to execute Agreement with Big Brothers/Big Sisters of Brevard, Inc. to establish developmental relationships with children, ages 6 through 14, from October 1, 1996 through September 30, 1997, at $12,000. Motion carried and ordered unanimously.

AGREEMENT WITH ASSOCIATION OF RETARDED CITIZENS OF BREVARD, INC., RE: SKILL TRAINING ENHANCEMENT PROGRAM

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to execute Agreement with Association of Retarded Citizens of Brevard, Inc. to provide skill training enhancement program from October 1, 1996 through September 30, 1996, at $20,000. Motion carried and ordered unanimously.

AGREEMENT WITH COMMUNITY SERVICES COUNCIL, RE: SENIOR ASSISTANCE AND SENIOR NUTRITION PROGRAMS, AND COMMUNITY CARE FOR THE ELDERLY

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to execute Agreement with Community Services Council to provide Senior Assistance Program for $15,000, Senior Nutrition Program for $100,000, and Community Care for the Elderly Program for $25,000, from October 1, 1996 through September 30, 1997. Motion carried and ordered unanimously.

AGREEMENTS WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND DESIGNATION OF AUTHORIZED REPRESENTATIVE, RE: LOW INCOME EMERGENCY HOME REPAIR, WEATHERIZATION ASSISTANCE, AND WEATHERIZATION/LOW INCOME HOME ENERGY ASSISTANCE PROGRAMS

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to execute Agreements with Florida Department of Community Affairs for funding the Low Income Emergency Home Repair Program at $48,320, Weatherization Assistance Program at $66,167, and Weatherization/Low Income Home Energy Assistance Program at $30,024; and designate the Housing and Human Services Director to sign, make changes, and execute necessary Program documents on behalf of Brevard County. Motion carried and ordered unanimously.

AGREEMENT TO EXTEND EXISTING CONTRACT WITH SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OF NORTH BREVARD, INC., RE: ANIMAL SHELTERING SERVICES

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to execute Agreement to Extend Existing Contract with Society for the Prevention of Cruelty to Animals of North Brevard, Inc. to provide animal sheltering services from October 1, 1996 through November 30, 1996 or until a new contract is executed, at $3,750 monthly. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH CIRCLES OF CARE, INC., RE: CHILDREN?S AND ADULT BAKER ACT SERVICES

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to execute Amendment to Agreement with Circles of Care, Inc. to provide Children?s and Adult Baker Act services from September 1 through September 30, 1996, at not exceeding $16,720.36. Motion carried and ordered unanimously.

PERMISSION TO PREPAY WATER CHARGES, RE: ANIMAL CONTROL FIELD OPERATIONS BUILDING ON PINEDA CAUSEWAY

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to authorize prepayment of water charges to Department of Air Force at $441.36 for the Animal Control Field Operations building on Pineda Causeway. Motion carried and ordered unanimously.

APPROVAL TO DONATE, RE: VHF PORTABLE RADIOS TO SCOTTSMOOR AND MIMS VOLUNTEER FIRE DEPARTMENTS

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to approve donation of nine VHF portable radios to the Scottsmoor and Mims Volunteer Fire Departments. Motion carried and ordered unanimously.

ACCEPTANCE OF DONATED EQUIPMENT, RE: MICCO VOLUNTEER FIRE DEPARTMENT

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to accept donation of twelve new Motorola pagers and chargers from Micco Volunteer Fire Department to be used for fire and ambulance service at Station 84 in Micco. Motion carried and ordered unanimously.

PERMISSION TO REVIEW AND REVISE, RE: HAZARDOUS MATERIALS ORDINANCE

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to grant permission for the Public Safety Department to review and revise the Hazardous Materials Ordinance to streamline collection process, revise the fee schedule, and make other necessary changes to update the Ordinance. Motion carried and ordered unanimously.

RESOLUTION, RE: SPACE COAST AREA TRANSIT?S 1996 UPDATE OF FIVE-YEAR TRANSIT DEVELOPMENT DOCUMENT

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to adopt Resolution adopting the Space Coast Area Transit?s 1996 Update to the Transit Development Document necessary to provide Florida Department of Transportation Block grant funding for FY 1996-97. Motion carried and ordered unanimously.

AGREEMENT WITH EASTER SEALS SOCIETY OF EAST CENTRAL FLORIDA, INC., RE: SCAT TRANSPORTATION SERVICES FOR VENTURES IN LIVING PROGRAM

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to execute Agreement with Easter Seals Society of East Central Florida, Inc. for SCAT transportation services for Ventures in Living Program from October 1, 1996 through September 30, 1997 at $57,300. Motion carried and ordered unanimously.

MEMORANDUM OF AGREEMENT AND SERVICE PLAN WITH FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED, RE: COORDINATED TRANSPORTATION SERVICES

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to execute Memorandum of Agreement with Florida Commission for the Transportation Disadvantaged and approve the Service Plan for SCAT to provide coordinated transportation services to the Brevard community from October 1,1996 through September 30, 1997. Motion carried and ordered unanimously.

RENEWAL AGREEMENT WITH BAREFOOT BAY HOMEOWNERS ASSOCIATION, RE: TRANSPORTATION SERVICES FOR BREVARD SENIOR NUTRITIONAL AID PROGRAM

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to execute Renewal Agreement with Barefoot Bay Homeowners Association for SCAT to provide transportation services for Brevard Senior Nutritional Aid Program from October 1, 1996 through September 30, 1997. Motion carried and ordered unanimously.

CONTRACT WITH STATE OF FLORIDA, DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, DIVISION OF VOCATIONAL REHABILITATION, RE: SCAT TRANSPORTATION SERVICES

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to execute Contract with Florida Department of Labor and Employment Security, Division of Vocational Rehabilitation, for SCAT to provide transportation services to its clients from October 1, 1996 through June 30, 1997. Motion carried and ordered unanimously.

APPROVAL, RE: TDC 1997 CATEGORY A PROMOTION AND ADVERTISING GRANT PROGRAM HANDBOOK

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to approve the TDC 1997 Category A, Promotion and Advertising Grant Program handbook. Motion carried and ordered unanimously.

GRANT AGREEMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND PERMISSION TO BID AND AWARD BID, RE: ARTIFICIAL FISHING REEF PROGRAM

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to execute Agreement with Florida Department of Environmental Protection for the Artificial Reef Project Grant; grant permission to bid the project; and authorize award of the bid to the lowest responsible bidder for construction services, including obtaining materials of opportunity and/or constructing prefabricated modules, transportation, deployment, and pre/post-deployment surveys. Motion carried and ordered unanimously.

AWARD OF BID #B-1-6-114 AND AGREEMENT, RE: RENOVATIONS TO BUILDING E AT GOVERNMENT CENTER FOR PUBLIC DEFENDER

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to award Bid #B-1-6-114, Renovations to Building E at the Government Center for the Public Defender, to low bidder Genco, Inc. at $315,300; and authorize the Chairman to execute Agreement with Genco for the project. Motion carried and ordered unanimously.

REJECTION OF BID #B-2-6-104 AND PERMISSION TO RE-BID UNDER REVISED SPECIFICATIONS, RE: TIRE SHREDDING SERVICE

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to reject all bids for Bid #B-2-6-104, Tire Shredding Services, and authorize re-bid of the service under revised specifications. Motion carried and ordered unanimously.

PARTIAL AWARD OF PROPOSAL #P1-6-26 AND AGREEMENT, RE: BOILER AND MACHINERY INSURANCE

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to award the boiler and machinery insurance section of Proposal #P-1-6-26, Liability and Boiler and Machinery Insurance, to A. J. Gallagher, at $11,200 annually; and authorize the Chairman to execute an Agreement with the firm. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-3-6-15 AND AGREEMENT, RE: TELECOMMUNICATION EQUIPMENT MAINTENANCE

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to award Proposal #P-3-6-15, Telecommunication Equipment Maintenance, to Bell South and Brevard Business Telephone Systems, Inc.; and authorize the Chairman to execute the Agreement with the Company for the service. Motion carried and ordered unanimously.

AMENDMENT NO. 1 TO AGREEMENT WITH EDUCATED DESIGN OF FLORIDA, INC., RE: WEST MELBOURNE PUBLIC LIBRARY

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to execute Amendment No. 1 to Agreement with Educated Design of Florida, Inc. to provide additional design services for West Melbourne Public Library at $5,402.50. Motion carried and ordered unanimously.

LETTER AGREEMENT WITH NATIONSBANK OF FLORIDA N.A., RE: AMENDING REVOLVING CREDIT AGREEMENT

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to execute Letter Agreement with NationsBank of Florida, N.A. amending the Revolving Credit Agreement providing an expiration date of January 3, 1997. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: FY 1996-97 PROPOSED ANNUAL OPERATING BUDGET AND PUBLIC RECORDS MODERNIZATION TRUST FUND BUDGET FOR CLERK OF CIRCUIT AND COUNTY COURTS

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to acknowledge receipt of the FY 1996-97 Proposed Annual Operating Budget and Public Records Modernization Trust Fund Budget for the Clerk of the Circuit and County Courts, as sent to the State Courts Administrator, with the stipulation if the budget differs from what was sent, a copy of the final budget will be furnished to the State. Motion carried and ordered unanimously.

APPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to appoint Betty Longenberger, 5601 Obey Place, Micco, to the Historical Commission replacing Ann Christenson; Tom Eschenberg, 2835 Beran Lane, Malabar to the Valkaria Airport Advisory Board replacing John Detwiler; and Debra Green, 5610 Eagle Way, Merritt Island, to the Tourist Development Council, replacing Tom Wasdin. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to approve the bills and budget transfers as submitted. Motion carried and ordered unanimously.

PERSONAL APPEARANCES - WILLIAM MORONEY, ANCIENT ORDER OF HIBERNIANS, RE: RESOLUTION PROCLAIMING COMMODORE JOHN BARRY DAY

Commissioner O?Brien read aloud a resolution proclaiming Commodore John Barry Day.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution proclaiming September 13, 1996 as Commodore John Barry Day. Motion carried and ordered unanimously.

William Moroney, representing the Ancient Order of Hibernians, accepted the Resolution; expressed appreciation to the Board; and invited everyone to attend an event honoring John Barry on Saturday at Jetty Park.

PERSONAL APPEARANCE - TONY ZEAK, CENTRAL FLORIDA CHAPTER OF THE NATIONAL SAFETY COUNCIL, RE: COMMENDATION RESOLUTION

Chairman Cook read aloud a resolution commending the Central Florida Chapter of the National Safety Council for its eight years of providing Defensive Driving classes to Brevard County employees at no cost to the County or the employees.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution recognizing and commending the Central Florida Chapter of the National Safety Council for its eight years of providing Defensive Driving classes to Brevard County employees at no cost to the County or the employees. Motion carried and ordered unanimously.

Tony Zeak, representing the Central Florida Chapter of the National Safety Council, advised Mr. Walsh was unable to attend; expressed appreciation for the Board?s recognition; and thanked County employee Les Forsberg for coordinating the classes.

PUBLIC HEARING, RE: RESOLUTION VACATING PORTION OF RIGHT-OF-WAY IN SECTION 26, TOWNSHIP 26S, RANGE 36E. - ALBERT L. GULLEDGE

Chairman Cook called for the public hearing to consider a Resolution vacating portion of right-of-way in Section 26, Township 26 South, Range 36 East as petitioned by Albert L. Gulledge.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution vacating portion of right-of-way in Section 26, Township 26 South, Range 36 East as petitioned by Albert L. Gulledge. Motion carried and ordered unanimously.

PERSONAL APPEARANCES - TOM WASDIN, CHAIRMAN OF TOURISM DEVELOPMENT COUNCIL FILM COMMISSION, AND KARY ANTHOLIS, EXECUTIVE PRODUCER OF THE CAPE, RE: VIDEO PRESENTATION ON THE CAPE

TDC Film Commissioner Bonnie King described a new television series called ?The Cape? which was filmed in Brevard County; advised of the economic impact; and introduced Kary Antholis, Executive Producer of ?The Cape.?

Mr. Antholis advised of the advantages of shooting the series in Brevard County; and showed video clips from ?The Cape.?

Chairman Cook advised the County appreciates Mr. Antholis? decision to shoot the series in Brevard County.

PUBLIC HEARING, RE: ORDINANCE AUTHORIZING REFERENDUM FOR INFRASTRUCTURE SALES SURTAX FOR JAIL EXPANSION

Chairman Cook called for the public hearing to consider an ordinance authorizing referendum for infrastructure sales surtax for jail expansion.

Assistant to County Manager Yvette Parker presented jail population statistics for a ten-year period; advised of jail capacities; and described the weekenders tent program.

Maynard A. Boynton expressed support for expansion of the correctional facility and the referendum.

Commissioner Scarborough inquired about moving prisoners as more space is available; with Ms. Parker explaining no beds will be freed, but this will take 130 people off the floor.

Chairman Cook inquired why prisoners cannot be housed in shifts; and stated he is glad to see the Sheriff using tents. Assistant County Attorney Shannon Wilson advised of various requirements and difficulties which would make it impossible to house prisoners in shifts.

Discussion ensued on how voters will get information on the referendum, working prisoners, presumption of innocence for those awaiting trial, and financing alternatives.

There being no objection heard, motion was made by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt an Ordinance pursuant to Section 212.055, Florida Statutes, providing for the levy of a discretionary infrastructure sales surtax of one percent for a period of six (6) months from the date of levy; providing that the proceeds of said discretionary infrastructure sales surtax, and any interest accrued thereto, shall be expended within Brevard County, Florida, to finance, plan, construct and improve County jail facilities as defined and permitted in Section 212.055(2)(d), Florida Statutes and limited by this Ordinance; providing for the distribution of proceeds solely to the County since only the County is currently authorized to operate a jail facility in Brevard County; requiring approval by a majority vote of the qualified electors of Brevard County; providing for a special referendum on the issue to be held November 4, 1996; providing for publication of Notice of Referendum; authorizing the Brevard County Supervisor of Elections to properly conduct the election called for hereby; providing for ballot language; providing for severability; providing for repeal of inconsistent Ordinances or Resolutions; and providing for an effective date.

Commissioner Ellis advised of the declining crime rate as a result of expanding the State prison system, and stated he supports the referendum.

Ms. Wilson advised the ordinance will be implemented only if the County has Interlocal Agreements in place by October 1, 1996; and language should be adjusted if that is not going to take place. County Manager Tom Jenkins recommended extending the date out to give an opportunity to get the Interlocal Agreements. Discussion ensued on the time period to get the Interlocal Agreements and the problem in not getting the Agreements until after the election.

Commissioner Scarborough amended the previous motion to provide that Interlocal Agreements will be signed by November 1, 1996. Commissioner Ellis indicated acceptance of the amendment. Commissioner Scarborough inquired about the rate of recidivism; with Ms. Parker responding 85%.

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

RESOLUTION, RE: ADVERTISING REFERENDUM ELECTION FOR INFRASTRUCTURE SALES SURTAX FOR JAIL EXPANSION

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution providing for a referendum to consider a one-cent sales surtax for the jail; and authorize related costs to advertise notice of the referendum election on November 5, 1996. Motion carried and ordered unanimously.

AWARD OF BID #B-1-6-102 AND AGREEMENT, RE: MINIMUM SECURITY DORMITORY MODIFICATIONS AT SHARPES DETENTION CENTER

Motion by Commissioner Scarborough, to award Bid #B-1-6-102 to PAVCO Construction, Inc. for the minimum security dormitory modifications project at the low bid of $719,175, with an alternate of $302,416.

Commissioner Higgs inquired about the alternate. Commissioner Scarborough withdrew the motion.

Facilities Construction Director Joseph Vislay explained the alternates and the options. Ms. Parker advised there would be a $125,000 shortage at the time of construction completion which would be paid back by correctional impact fee collections in 17 months.

AWARD OF BID #B-1-6-102 AND AGREEMENT, RE: MINIMUM SECURITY DORMITORY MODIFICATIONS AT SHARPES DETENTION CENTER (CONTINUED)

Discussion ensued on the most efficient and economical way to proceed, additional operational cost, and the cost advantages to the base bid and alternate. Commissioner Higgs expressed support for building the additional quadrant borrowing from the Solid Waste Fund. Commissioner Ellis expressed support for moving forward on the fourth quadrant. Discussion ensued on charging weekenders for their stay.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Option 2, to award the low base bid and alternate to PAVCO Construction, Inc, and borrow the additional money from Solid Waste, for Bid #B-1-6-102, Minimum Security Dormitory Modifications at Sharpes Detention Center; and authorize the Chairman to execute Agreement with PAVCO for the project. Motion carried and ordered unanimously.

DISCUSSION, RE: ANNUAL FIRE INSPECTION FEES

Joel Robinson advised fire inspections are still being done under the old rules; and presented statistics concerning taxes and fire inspection fees. He expressed concern about various hazardous materials at private homes. He noted the Board voted to limit fire inspections; but staff is running rampant; and recommended voting in a County Manager and eliminating the Board.

County Manager Tom Jenkins stated the Agenda Report is in line with what the Board previously directed; advised of Board actions which have been implemented; and stated what is before the Board is the amount of fees which was not resolved previously. He noted large bills have been put on hold pending Board action today.

Chairman Cook inquired if the two-year fire/sprinkler inspection has been implemented; with Chief Michael Taggart responding affirmatively.

Mr. Robinson noted irregularities in the inspection of Yorke Doliner. Chairman Cook advised of complaints from local businesses. Chief Taggart explained staff understood the direction to be that the program would start in July, 1996 and move forward from that point. Assistant County Manager Joan Madden advised the bills are on hold pending Board action, and will be adjusted accordingly. Mr. Robinson commented on the lack of leadership and problems with County staff.

Commissioner O?Brien explained the changes as a result of implementation of Charter government. Mr. Robinson stated if the County Manager cannot control staff, he should be replaced; and advised Mr. Jenkins is the one who said staff is running rampant. Mr. Jenkins denied making such statement. Mr. Robinson advised the Board is responsible.

Chairman Cook outlined the actions which have been taken; and stated the Board is considering a fee structure. Mr. Jenkins requested Board clarification on the three-year inspections. Chairman Cook inquired if all new businesses are required to have fire inspections, and is this adding another layer of inspections; with Chief Taggart explaining which inspections are done. Chairman Cook expressed concern about expanding inspections.

Motion by Commissioner Ellis, seconded by Commissioner O?Brien, to clarify the Board action of July 2, 1996, that fire inspections will be conducted every three years, beginning three years after the last inspection at which there was compliance. Motion carried and ordered unanimously.

Commissioner O?Brien advised of his personal experience with fire inspections of his business. Discussion ensued on which businesses should be inspected, requirements of different business occupants, increased staff workload, inspections after renovations, renovations without building permits, inspection fees, and burdens on small businesses.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve moving forward with Option 3, providing for inspection of all new businesses in existing commercial buildings and all existing businesses relocating to an existing commercial building.

Discussion resumed on burdens to businesses, public safety, lack of notification to the Public Safety Department when businesses open, and electrical requirements for restaurants.

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

Commissioner Higgs inquired how the fee structure based on square footage would be implemented; with Chief Taggart explaining the fee structure. Chief Taggart advised he can bring something back to the Board. County Manager Tom Jenkins requested Board direction on the maximum fee.

Discussion ensued on the cost of inspections and different fee structures.

Motion by Commissioner Ellis, to approve Option 1, providing for inspection of certain facilities with a progressive fee structure, with a cap of $35.

Commissioner O?Brien stated the Board has not explored the other options. Chief Taggart advised of the different rate structures for different types of businesses.

Chairman Cook seconded the motion for discussion.

Discussion ensued on the maximum charge, time necessary to do an inspection, average charges for inspections, what businesses pay to the Fire MSTU, public safety concerns, variations in safety levels of different businesses, and revenue from inspections.

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

DISCUSSION, RE: ANNUAL FIRE INSPECTION FEES (CONTINUED)

Ms. Madden inquired if the motion included annual and bi-annual inspections at $35; with Chairman Cook responding it should be every three years.

The meeting recessed at 10:57 a.m. and reconvened at 11:11 a.m.

PERSONAL APPEARANCES - TOM DOWNS AND ED LUKASHOK, BEACH CLUB APARTMENTS, RE: SETBACK LINE FOR WINDSTORM INSURANCE

Tom Downs, stated he and Ed Lukashok are Managing Partners of the Beach Club Apartments; and advised of the location of the apartments on the barrier island, increasing insurance costs, necessity to increase rents to recoup insurance costs, damage from Hurricane Erin and Tropical Storm Jerry, the Joint Underwriters Association, and the economic effect of the increased costs. He advised of the need to relocate the 1,000-foot windstorm insurance pool setback line.

Commissioner Ellis advised of the County?s role in the hearing process; and suggested the Board direct staff to work with the Insurance Commissioner to find out what is entailed in the eligibility hearing.

Commissioner O?Brien advised of similar problems in Merritt Island; and expressed concern that the Board of Realtors has not brought the issue forward. Mr. Downs advised he is a realtor and has not had the problem until recently; and reiterated the economic impact of the problem.

Commissioner Higgs recommended getting a staff report; and advised of requirements under the Florida Statutes.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to direct the County Manager to provide a report to the Board on the eligibility hearing requirements and what the County can do regarding windstorm insurance. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Cook, to direct the County Manager to send a letter to the Board of Realtors and Board of Insurance Agents requesting input. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING TAX ABATEMENT ORDINANCE

Chairman Cook called for the public hearing to consider an ordinance amending Tax Abatement Ordinance.

County Attorney Scott Knox advised of the revised process for applications.

There being no objections heard, motion was made by Commissioner O?Brien, seconded by Commissioner Ellis, to adopt an Ordinance amending the Economic Development Ad Valorem Tax Exemption Ordinance as codified in Section 102-185 through Section 102-191 of the Code of Ordinances of Brevard County, Florida; amending Section 102-185 to delete subparagraph (f) and reletter remaining paragraphs; amending Section 102-186 pertaining to the content and review of applications by the County Manager, the Property Appraiser and the Economic Development Council; amending Section 102-187 pertaining to the matters considered by the Board of County Commissioners in approving applications; amending Section 102-189 to correct the numbering of Section cross references; amending Section 102-190 to provide for appeals of eligibility made by the County Manager; creating a new Section 102-192 to provide for the sunsetting of the Economic Development Ad Valorem Tax Exemption Ordinance; providing for ratification; providing for severability; providing for an effective date. Motion carried and ordered unanimously.

APPROVE SETTLEMENT, RE: ESTATES OF DYNES V. BREVARD COUNTY

Motion by Commissioner Ellis, seconded by Commissioner Higgs, to authorize settlement of all claims in the case of Estate of Jeffrey Dynes v. Brevard County, in the amount of $7,800 including all attorneys? fees and costs. Motion carried and ordered unanimously.

DISCUSSION, RE: FY 1996-97 EMPLOYEE SALARY INCREASES AND FUNDING PROPOSALS FOR GROUP HEALTH INSURANCE PROGRAM

Human Resources Director Frank Abbate outlined the options for employee salary increases; and advised of negotiations with the Unions.

Discussion ensued on the number of employees making minimum wage, average employee salary, and how the federally mandated increased minimum wage will be addressed. Mr. Abbate advised he will compile a report on minimum wage employees.

Commissioner Higgs expressed support for option 2, charging employees and retirees $9 extra for an upgrade to the PPO Plan, or $3 for an upgrade to the POS Plan, or $6 and $2 for retirees over 65.

Chairman Cook expressed support for option 3, charging employees and retirees $7 extra for the prescription benefit. Discussion ensued on additional costs for the Plan, additional costs for prescriptions, and the impact of each option on employee health care. Commissioner O?Brien expressed support for option 2. Commissioner Scarborough expressed support for options 5A and 5B; and emphasized the relationship of the insurance increases to the salary increases.

Commissioner Ellis inquired about the buy-out provision; with Chairman Cook advising it has been implemented. Chairman Cook advised he does not favor asking if employees have other insurance.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to approve Option 2, charging employees and retirees $9 extra for an upgrade to the PPO Plan, or $3 extra for an upgrade to the POS Plan, or $6 and $2 for retirees over the age of 65.

Commissioner Scarborough stated he cannot vote in favor until he understands where the Board is going with the overall insurance package and salary increase.

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

Commissioner Scarborough outlined the options for salary increases; and expressed support for a percentage hourly increase.

Chairman Cook suggested using a percentage tied to the performance rating; and outlined a method to do so. Commissioner Ellis suggested using 20, 25 and 35 cents increase.

Discussion ensued on the increasing spread of wages from top to bottom, rewarding in accordance with performance, the fiscal impact of various wage options, and ability to fund various options.

Commissioner O?Brien requested a fifth option be brought to the Board at its next meeting. Chairman Cook recommended using 25, 30 and 35 cents. Discussion ensued on whether to table the item to get additional information.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to table consideration of FY 1996-97 employee salary increases with direction to staff to bring back additional information later in the meeting. Motion carried and ordered unanimously.

SELECTION COMMITTEE RECOMMENDATIONS, RE: GROUP MENTAL HEALTH BENEFITS VENDOR

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to accept the proposal from UniPsych for mental health benefits, submitted under RFP #P-1-6-23; and authorize the Chairman to execute an Agreement for the services. Motion carried and ordered unanimously.

DISCUSSION, RE: 1997 BREVARD LEGISLATIVE PROPOSALS

Marie Wallace appeared in favor of legislation concerning ferret inoculation.

Clarence Rowe requested the legislative package include request for funding for the Harry T. and

Harriette V. Moore homesite. Commissioner Scarborough advised of various applications for grants; and recommended the Board request the Legislature fund some improvements at the homesite. Parks and Recreation Director Charles Nelson advised of the need for funding for architectural and engineering work. Commissioner Scarborough advised he supports request for total funding with the State being a partner. Mr. Nelson advised the project is estimated at $750,000.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to include in the Legislative Package a request for a $750,000 appropriation for the Harry T. and Harriette V. Moore Memorial Park in Mims. Motion carried and ordered unanimously.

Joyce Grant expressed appreciation to the Board for including in the Legislative Package a request for child support payment enforcement; and advised of formation of a Task Force for Child Support Enforcement.

Chairman Cook suggested inclusion in the Legislative Package of election of the St. Johns River Water Management District Management Board.

Motion by Commissioner Ellis, seconded by Commissioner O?Brien, to include in the Legislative Package a request that board members for water management districts be elected. Motion carried and ordered unanimously.

Commissioner O?Brien advised of items in the package including widening of U.S. 192, beach management program funding, Florida Marine Patrol funding, and foster/shelter care reimbursement rate.

Bea Polk requested hospital board members be elected; and advised of problems with the North Brevard Hospital District Board. She advised those serving on the Elections Canvassing Board should understand the Florida Statutes. Discussion ensued on how those serving on the Canvassing Board should be briefed. Commissioner Scarborough stated he has expressed concern about having one Commissioner make the appointments to the Hospital Board.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolutions setting the FY 1997 Brevard Legislative Proposals. Motion carried and ordered unanimously.

The meeting recessed for lunch at 12:15 p.m. and reconvened at 1:19 p.m.

REPORT, RE: STATUS OF DCA WETLANDS AMENDMENTS/VALKARIA AIRPORT ADMINISTRATIVE PROCEEDINGS

Charles Moehle requested an update on the issue.

County Attorney Scott Knox advised of actions taken at the administrative hearing; and recommended the County mediate the issues.

Discussion ensued on differences in verbiage and expediting the process.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to authorize proceeding with mediation with the DCA on the Wetland Amendments and Valkaria Airport issues, without presence of attorneys.

Charles Moehle advised of hardships encountered in the one-year process. Chairman Cook agreed the process has gone on forever. Commissioner O?Brien advised the chance of mediation being successful is great because mediation will take place without attorneys. Mr. Knox explained why attorneys should step aside.

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

REQUEST FOR EXECUTIVE SESSION, RE: ATTORNEY?S FEES ISSUE - CARL PRIEST

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize an Executive Session to discuss attorney?s fees in the Workers? Compensation case of Carl Priest. Motion carried and ordered unanimously.

DISCUSSION, RE: BREVARD COUNTY V. COMMISSION ON ETHICS APPEAL

Motion by Commissioner Ellis, seconded for discussion by Commissioner Scarborough, to direct the County Attorney to appeal the ruling of the Commission on Ethics regarding Public Safety employees working for ambulance companies contracting with the County.

Discussion ensued on paramedics working a second job, the Ethics Commission ruling, the chances of winning an appeal, and conflict as defined in the Florida Statutes.

County Attorney Scott Knox advised the issue that would be appealed is whether the County has the right to waive the conflict by Ordinance, not the ruling of the Ethics Commission. Assistant County Attorney Shannon Wilson clarified the definition of ?agency.? Discussion ensued on whether various scenarios would constitute a conflict, staff?s failure to provide a detailed list requested by Commissioner Ellis, the ruling of the Ethics Commission, and whether an item should be included in the Legislative Package. Commissioner Ellis expressed support for a parallel appeal and inclusion in the Legislative Package.

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

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to direct the County Attorney to develop a legislative proposal outlining the Board?s concerns that the Ethics Commission ruling on Public Safety employees working for ambulance companies contracting with the County may be misinterpreted, and bring it to the Board for consideration.

Commissioner Higgs noted the Ethics Commission is appointed by the Governor.

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

APPROVAL, RE: TEMPORARY LOAN FROM SOLID WASTE DEPARTMENT TO ROAD AND BRIDGE PROGRAM Motion by Commissioner Higgs, seconded by Commissioner Ellis, to authorize a temporary loan not to exceed $350,000 from the Solid Waste Department , Fund 4310, to the Road and Bridge Program, Fund 1420. Motion carried and ordered unanimously.

REFUND PORTION OF FINANCING RESERVE, RE: CANAVERAL GROVES WATER MSBU PROJECT

Commissioner Scarborough advised $5,200 has not been received; and explained the problems with going through a foreclosure. He recommended disallowing delinquent payers from getting any of the surplus, distributing the remainder to the other people, and continue the liens.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to direct that the surplus financing reserve be distributed to current property owners within the Canaveral Groves Water MSBU Project, except for delinquent payers, and that liens remain on properties.

Commissioner Higgs inquired if the County will still go after people who did not pay; with Commissioner Scarborough explaining the disadvantages of going after those who did not pay. He advised the liens stay with the property and when the property is sold, the lien will have to be paid. County Manager Tom Jenkins inquired if those people would not be allowed to hook up to water if they have liens. Commissioner Scarborough advised that is part of his motion. Commissioner O?Brien advised it is part of his second. Mr. Jenkins inquired about prior Board action to foreclose; with Commissioner Scarborough responding the Board will take it on a case-by-case basis.

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

CHANGE ORDER NO. 1 WITH COMMERCIAL ROOFING, RE: TRAVIS PARK COMMUNITY CENTER

Chairman Cook inquired why was the change not anticipated; with Parks and Recreation Director Charles Nelson explaining how the testing was done and how the problem was discovered.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to approve Change Order No. 1 to Agreement with Commercial Roofing, Inc. for Travis Park Community Center Re-roofing, increasing contract price by $24,565 to furnish and install tapered roof installation system and temporary two-ply dry-in installed on low roofs. Motion carried and ordered unanimously.

POSITION LETTER, RE: U.S. ARMY CORPS OF ENGINEERS FEASIBILITY STUDY

Assistant County Manager Stephen Peffer advised the U.S. Army Corps of Engineers requested a minor clarification in the letter to revise language in Paragraph 4.

Motion by Commissioner O?Brien, seconded by Commissioner Ellis, to authorize the Chairman to sign a position letter concerning proposed revisions to, and the timely completion of the U.S. Army Corps of Engineers Feasibility Study; and include revised language in Paragraph 4, to read, ?The County formally requests the privilege to review and comment on this study during the coordination of the final environmental impact statement.? Motion carried and ordered unanimously.

Commissioner O?Brien explained the purpose of the letter.

RESOLUTION, RE: TAX ABATEMENT APPLICATION FOR AJT & ASSOCIATES, INC.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt Resolution to (1) acknowledge that AJT & Associates, Inc. is an existing business in Brevard County qualified to receive an ad valorem tax exemption, (2) approve permission to hold a public hearing to consider adopting an exempting ordinance, (3) request the Property Appraiser provide the Board with a report prior to the public hearing, and (4) request the Economic Development Commission to East Central Florida to conduct an economic analysis and provide the Board with a recommendation on the extent of tax exemption. Motion carried and ordered unanimously.

DISCUSSION, RE: REJECTION OF BIDS FOR BID #B-5-6-74, PRINTING SERVICES

Purchasing Manager Jo Malota advised how printing services have been accomplished to date and how they are now being competitively bid; outlined various items which are printed; and stated the estimated expenditures for the printing services under the bid is $200,000. She read aloud the initial proposed awards for Bid #B-5-6-74; explained Mr. Boyland?s protest and other concerns submitted by Atlantic Printing and Sir Speedy; and addressed each element of the protest and each concern.

Ms. Malota presented a comparison of prices under the quote system and under the bid; and advised the bid prices are substantially higher than current quoted prices. She outlined the options available to the Board; and recommended rejecting the bids and re-bidding under revised specifications.

Commissioner Scarborough inquired if the County can do that legally; with County Attorney Scott Knox responding it can. County Manager Tom Jenkins advised an alternate option is to quote each project on a case-by-case basis which seems to be more cost effective.

Lee Boyland, representing American Speedy Printing, described the problems involved in bidding on a one-year fixed price contract versus providing a quote for something needed within one to two weeks. He questioned Ms. Malota?s selection of items to present to the Board; and stated it is a rigged situation. He questioned various interpretations of the bid; and explained the basis of his protest, including bid areas, clarification of bids by joint ventures, and address requirements. He submitted paperwork; and requested the Board award to Sir Speedy for the north area with no secondary source, and to American Speedy for the central area and south area with Sir Speedy as the secondary source for both areas. He advised if the Board selects recommendation 1 which allows the bid clarification, he will submit a bid clarification by the end of business tomorrow.

Joan Ohlmann, representing Sir Speedy Printing, requested the boundaries be changed to allow more printers an opportunity to bid; and advised of printing services provided under quotes and a history of the company. She read aloud from letters from Sir Speedy Printing to the Purchasing Department expressing concern about the bid process; and suggested another alternative.

John Ohlmann, representing Sir Speedy Printing, advised he agrees with Lee Boyland, and supports the alternative presented by Mrs. Ohlmann.

Vista Boyland, representing American Speedy Printing, expressed disappointment that the materials presented by staff today were not available prior to the meeting; and advised the cost of having individual procurements may more than offset the potential cost savings. She inquired about the figures presented and the print shops which did the work. Ms. Malota advised it is the same type of bidding. She advised of the experience of American Speedy Printing; distributed written materials; and read aloud from handouts and a letter from Brandes Printing.

Charles Woodall, representing Midlantic Data Forms, expressed concern about the vagueness of the bidding process. He advised bidding project by project will result in better competition and better prices. He recommended rebidding the project with the total specifications included or bidding project by project.

Chairman Cook inquired if the quotes presented were random and were the quoters given any information to quote against; with Ms. Malota explaining the quote process. Mr. Whitten advised the prices presented were actual costs pulled randomly from the data run.

Mr. Boyland commented on the problems involved with a long-term procurement.

Discussion ensued on procurements per item, price comparisons, rebidding vs. obtaining quotes, price fluctuations, staff requirements, and cost adjustment clauses.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to reject bids for Bid #B-5-6-74, Printing Services, and authorize continuation to quote. Motion carried and ordered unanimously.

The meeting recessed at 2:40 p.m. and reconvened at 2:56 p.m.

GRANT APPLICATION WITH U.S. DEPARTMENT OF JUSTICE, RE: COPS UNIVERSAL HIRING PROGRAM

Commander Dan Wilmer, representing Sheriff Miller, described the Justice Department?s COP?s Universal Hiring Program; advised of the success of the program in Port St. John; and stated the deadline is September 15, 1996. He advised the grant is for a portion of salaries and benefits over three years, with stipulation the County will maintain the five positions after the three-year period. Discussion ensued on priorities for location of positions, County contribution after three-year period, MSTU funding, shifting of positions, and funding through attrition.

Craig Simmons, representing the Sheriff, advised the grant program stipulates the positions have to be over and above what the County has at this point. Commander Wilmer advised it will be necessary to look into whether it can be done replacing civilian employees. Discussion resumed on attrition, finalization of the Sheriff?s budget, target areas, funding sources, and previous increases in the Sheriff?s budget.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to approve Grant Application for additional funding under the U.S. Department of Justice?s COPS Universal Hiring Program. Motion carried and ordered unanimously.

Chairman Cook advised the funding issue will come back to the Board on September 19, 1996.

AWARD OF PROPOSAL #P-1-6-26, RE: LIABILITY REINSURANCE COVERAGES AND CLAIMS SERVICES

Motion by Commissioner Higgs, to award Proposal #P-1-6-26, Liability Reinsurance Coverages and Claims Services to Alexsis for General Liability and Auto Liability Claims Services, to Reliance Insurance (A. J. Gallagher & Company) for General Liability Reinsurance, to Coregis& Company) for Public Officials and Employees Liability Reinsurance, and to National Union Fire Insurance ( A. J. Gallagher & Company) for Workers? Compensation Reinsurance, with A. J. Gallagher?s annual fees, in lieu of commissions, to be $26,000 the first year, $25,000 the second year, and $24,000 the third year. Motion died for lack of a second.

County Attorney Scott Knox recommended the services of the County Attorney?s office be used to represent the County in liability matters; and advised of the potential savings. Risk Management Director advised staff has that discretion on every claim.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to award Proposal #P-1-6-26, Liability Reinsurance Coverages and Claims Services to Alexsis for General Liability and Auto Liability Claims Services, to Reliance Insurance (A. J. Gallagher & Company) for General Liability Reinsurance, to Coregis (A. J. Gallagher & Company) for Public Officials and Employees Liability Reinsurance, and to National Union Fire Insurance ( A. J. Gallagher & Company) for Workers? Compensation Reinsurance, with A. J. Gallagher?s annual fees, in lieu of commissions, to be $26,000 the first year, $25,000 the second year, and $24,000 the third year; and approve use of the services of the County Attorney?s Office in connection with representation on liability matters. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded for discussion by Commissioner Ellis, to approve salary increases for employees for FY 1996-97, effective November 30, 1996, of 25 cents per hour for employees meeting expectations, 30 cents per hour for employees sometimes exceeding expectations, and 35 cents per hour for employees greatly exceeding expectations.

Discussion ensued on various salary increases and the impact of the increases.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve salary increases for employees for FY 1996-97, effective November 30, 1996, of 25 cents per hour for employees meeting expectations, 30 cents per hour for employees sometimes exceeding expectations, and 40 cents per hour for employees greatly exceeding expectations.

Discussion ensued on people who have recently been upgraded. Commissioner Scarborough advised he will include in the motion that employees who have been upgraded in the last six months will not receive the increase unless the upgrade is less than the increase. Mr. Abbate inquired about new hires versus someone transferring internally. Discussion ensued on merit increases, and how to handle those employees who are new hires and transfers.

Commissioner Scarborough restated the motion to include provision that new hires or employees who have been promoted would be graded and eligible for the increase after one year. Commissioner Ellis accepted the restated motion. Motion carried and ordered unanimously.

Discussion ensued on various methods to perform evaluations. The Board reached consensus to bring the issue back to the Board at a later date for discussion.

DISCUSSION, RE: WICKHAM PARK EQUESTRIAN AREA

Commissioner Ellis advised if the County does not have the money to do necessary repairs, it should investigate privatization of the Wickham Park equestrian facilities. Discussion ensued on the repairs, constituent complaints, use of FEMA money, and other funding options.

Chairman Cook advised the Board?s intent was that FEMA reimbursement money would come back to the Park if the reimbursement was for damage to the Park. County Manager Tom Jenkins advised he will check.

Discussion resumed on the revenue generated, why revenue cannot be used to fix the stables, the age and deterioration of the stables, decline in stable users, and repair versus replacement of the stables.

Commissioner Scarborough presented figures showing the annual revenue which could cover cost of the repairs in two years. Discussion ensued on competitive stable rates, damage deposits, and failure to meet deadline for submittal for TDC grant. The Board reached consensus to direct the County Manager to work with the Parks and Recreation Director to come up with a way to work on the improvements at Wickham Park stables.

Commissioner Higgs suggested advertising to achieve full occupancy. Mr. Nelson advised of other operating expenses beyond the stables; and stated he will come back with a proposal.

REDUCTION OF ADMINISTRATIVE FINE AND CONDITIONAL RELEASE OF LIEN, RE: JOHN A. TAYLOR AND JOSEPH W. TAYLOR

Commissioner O?Brien advised reducing the fine only benefits the seller; and inquired if $280 is all the County spent enforcing the Code; with Code Enforcement Supervisor Ron Burch responding affirmatively. Mr. Burch explained the situation with the Taylor property and the actions taken by Code Enforcement. Commissioner O?Brien noted the Code Enforcement Board imposed the maximum fine; with Mr. Burch advising the property could be considered a neighborhood safety hazard.

Motion by Commissioner O?Brien, seconded by Commissioner Ellis, to execute Reduction of Administrative Fine and Conditional Release of Lien for John A. Taylor and Joseph W. Taylor.

REDUCTION OF ADMINISTRATIVE FINE AND CONDITIONAL RELEASE OF LIEN, RE: JOHN A. TAYLOR AND JOSEPH W. TAYLOR (CONTINUED)

Commissioner Higgs advised she is not comfortable with the motion. Commissioner O?Brien advised of the coordination between release of liens and loss of funding for Code Enforcement officers; and suggested sending a message to the Code Enforcement Board expressing desire for more reasonable fines. Discussion ensued on sending the action back to the Code Enforcement Board, effect of maintaining the lien, liability for condition of the property, responsibility of the mortgage holder, actions of American General Homes Equity, and legal standing in terms of superior and subordinate liens.

Motion by Commissioner O?Brien, seconded by Commissioner Ellis, to execute Reduction of Administrative Fine and Conditional Release of Lien for John A. Taylor and Joseph W. Taylor; and direct the County Attorney to send a letter to the Code Enforcement Board and its attorney. Motion carried and ordered unanimously.

LETTER OF UNDERSTANDING WITH CHILDREN?S ADVOCACY CENTER, RE: LOCATING CHILDREN?S ADVOCACY CENTER AT GOVERNMENT CENTER

County Manager Tom Jenkins advised of the lack of space at the Government Center and the alternative of the Sarno facility.

Commissioner O?Brien inquired what other departments can be moved to the empty space at the Sarno Complex. Discussion ensued on the lack of space at the Government Center, displacement of people at the Government Center, compatibility of functions, the Board?s commitment to provide space, the relationship of the organization to government, and the Rockledge facility. Commissioner Higgs inquired if the organization has been part of the discussion; with Commissioner Scarborough advising the prior motion of the Board was to include the group in the dialogue. Discussion resumed on an appropriate location for the CAC.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to table Letter of Understanding with Children?s Advocacy Center for locating the Center at the Government Center until September 24, 1996 Board meeting to give the County Manager an opportunity to discuss options with the Children?s Advocacy Center.

Chairman Cook stated the Board could make a decision today if it was the will of the Board. He called for a vote on the motion. Motion carried and ordered; Commissioner Cook voted nay.

AGREEMENT WITH ADRIENNE S. HOWARD, RE: CARETAKER SERVICES AT 1125 WEST KING STREET, COCOA

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to execute Agreement with Adrienne S. Howard for caretaker services at 1125 West King Street, Cocoa, Florida, from September 10, 1996 to April 30, 1998. Motion carried and ordered unanimously.

LOAN OF TOURIST TAX CATEGORY B FUNDS, RE: FUNDING LITIGATION COSTS FOR 4TH-CENT TOURIST TAX STADIUM PROJECT

Luke Miorelli, representing Miorelli Engineering, advised of previous court rulings; and indicated willingness to attempt to come to settlement with the County without going to trial. He reminded the Board of the outcome against the W.R. Grace Company; and recommended the Board read the paperwork involved.

Commissioner Higgs requested the County Attorney make a statement on behalf of the Board.

County Attorney Scott Knox stated the Board had numerous executive sessions on this case; the Board has been fully advised of all aspects; and advised of previous court rulings. He stated the issues Mr. Miorelli has raised are still issues that need to be resolved in the jury trial; and the Board will be kept apprised of any settlement offers made.

Commissioner Scarborough questioned the legality of using the 3rd cent as opposed to the 4th cent in this matter; with Mr. Knox responding it is legal. County Manager Tom Jenkins advised it is a loan and would be repaid from the 4th cent when the excess accumulations are received.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize a loan of tourist Tax Category B funds to fund litigation costs up to $250,000 for the 4th-Cent Tourist Tax Stadium Project. Motion carried and ordered unanimously.

APPROVAL OF BAD DEBT WRITE-OFF, RE: UNCOLLECTIBLE AMBULANCE ACCOUNTS RECEIVABLE

Bea Polk inquired about the collection agency and the collection process; with Public Safety Finance Director Alan Escoffery providing the names and addresses of current and past collection agencies, and explaining the process for collection. Ms. Polk expressed concern about taxpayers having to pick up the uncollected amounts. She inquired why individuals paying for an ambulance are not allowed to go to the hospital of their choice; with Chief Bill Farmer explaining the protocol used by the ambulances and paramedics. She expressed concern about the County subsidizing private businesses.

Commissioner Scarborough expressed concern about the amount of money being written off; and requested the collection agency address the Board.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to table approval of bad debt write-off on uncollectible ambulance accounts receivable; and directed staff to schedule the collection agency on the agenda to tell the Board how it does collections and what should be done differently. Motion carried and ordered unanimously.

Commissioner Higgs requested staff provide a memo explaining the issue of choice of hospital in ambulance transport.

APPROVAL OF BAD DEBT WRITE-OFF, RE: VARIOUS UNCOLLECTIBLE RECEIVABLES IDENTIFIED BY BOARD DEPARTMENTS

Bea Polk expressed concern about the level of uncollectible receivables, especially from Library Services; and inquired about payment of late fees.

Library Services Director Kathryn Stewart explained the policy concerning late fees.

Ms. Polk suggested uncollectible receivables be taken from Commissioners? salaries, and Departments should report uncollectible receivables to the Board once they reach a level of $1,000.

Discussion ensued on disparity of uncollected amounts for different libraries, list of uncollectible amounts from 1990 to 1995, computer hookups between libraries, and publishing lists of people who owe debts to the County.

Commissioner Scarborough stated he would like to see the differences in collection methods of the various libraries.

Motion by Commissioner Higgs, to table the issue to get a report back from staff. Motion died for lack of a second.

Ms. Stewart advised it will take four months to get the report up to date by library as it will have to be done manually. Commissioner Scarborough requested the report be done by name instead of by library; with Ms. Stewart advising that can be done in two weeks. Discussion ensued on why the list cannot be done alphabetically by library, library cards, and newspaper publication of a list of individuals owing debt to the County.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to continue approval of bad debt write-off on various uncollectible receivables identified by Board Departments to September 24, 1996 for a report from all Departments, including a list from 1990 to 1995 on uncollectible accounts receivable, and working with the newspaper to publish a list of individuals owing amounts to the County. Motion carried and ordered unanimously.

Commissioner O?Brien noted the problem with uncollectible amounts for ambulance service from tourists, indigents, people who have since died, and people who have left the area. Chairman Cook requested a breakdown of those people. Assistant County Manager Joan Madden advised many of those individuals are untraceable.

IMPLEMENT RESTRUCTURING, RE: LEGAL SECRETARY POSITION

Chairman Cook inquired about additional salary costs or budget impacts as a result of the restructuring; with County Attorney Scott Knox advising the effect is to reduce the budget.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize the County Attorney to implement a restructuring of the legal secretary position by creating three separate classes of legal secretary, Legal Secretary I, II, and III. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: AUDIT OF ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

Commissioner O?Brien expressed concern about various elements of the audit including non-compliance with laws, rules, and guidelines governing expenditures; lack of minutes one year after meetings were held; location of meetings out of the District; and compliance with the Sunshine Law. Commissioner Higgs noted the out-of-District meeting was with five other Water Management Districts. Commissioner O?Brien expressed concern about travel policies and expenses.

Chairman Cook advised of the previous Board action to include an item in the Legislative Package calling for the St. Johns River Water Management District Board to be an elected board.

Motion by Commissioner O?Brien, seconded by Commissioner Cook, to direct the County Manager to write a letter to the St. Johns River Water Management District expressing the Board?s concerns about the audit of the District including lack of compliance with laws, administrative rules, and other guidelines governing government expenditures, lack of written minutes for meetings, and travel expenditures. Motion carried and ordered unanimously.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 4:36 p.m.

MARK COOK, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

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