MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

October 22, 1996

The Board of County Commissioners of Brevard County, Florida, met in regular session on October 22, 1996, at 9:10 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 Nancy Higgs.

Commissioner Randy O'Brien led the assembly in the Pledge of Allegiance.

REAPPOINTMENT, RE: TOURIST DEVELOPMENT COUNCIL

Motion by Commissioner O'Brien, seconded by Commissioner Ellis, to reappoint Debra Green, 5610 Eagle Way, Merritt Island, to the Tourist Development Council. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - REPRESENTATIVES OF THE ANCIENT ORDER OF HIBERNIANS,RE: RESOLUTION PROCLAIMING 105TH ANNIVERSARY OF IRELAND'S GREAT HUNGER

Commissioner O'Brien read aloud a resolution declaring November 9, 1996 as the 105th Anniversary of Ireland's Great Hunger.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to adopt Resolution proclaiming November 9, 1996 as the commemorative day for the 105th Anniversary of Ireland's Great Hunger. Motion carried and ordered unanimously.

Representatives of the Ancient Order of Hibernians expressed appreciation to the Board.

PERSONAL APPEARANCE - REPRESENTATIVE OF VETERANS OF FOREIGN WARS, RE: RESOLUTION PROCLAIMING BUDDY POPPY DAY

Commissioner O'Brien read aloud a resolution proclaiming November 9, 1996 as Buddy Poppy Day.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to adopt Resolution proclaiming November 9, 1996 as Buddy Poppy Day and encouraging all citizens to support the campaign. Motion carried and ordered unanimously.

A representative of the VFW advised of the use of the money derived from the campaign.

FINAL PLAT APPROVAL, RE: COQUINA PALMS SUBDIVISION

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant final plat approval for Coquina Palms Subdivision, subject to minor changes if necessary and receipt of all documents required for recording. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: SUNTREE NORTH, DEVON'S GLEN, UNIT 3

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant final plat approval for Suntree North, Devon's Glen, Unit 3, subject to minor changes if necessary and receipt of all documents required for recording. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: VISTA POINTE SUBDIVISION

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant final engineering approval for Vista Pointe Subdivision, subject to minor engineering changes as applicable. Motion carried and ordered unanimously.

JOINT PARTICIPATION AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION AND BUDGET CHANGE REQUEST, RE: NORTHWEST PALM BAY TRANSPORTATION ALTERNATIVES STUDY

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Joint Participation Agreement with Florida Department of Transportation for the Northwest Palm Bay Transportation Alternatives Study; authorize the allocation of District 6 Transportation Impact Fees in the amount of $14,976.40 and release of funds to FDOT; and approve Budget Change Request. Motion carried and ordered unanimously.

INTERLOCAL AGREEMENT WITH UNIVERSITY OF SOUTH FLORIDA, RE: SAFE SCHOOL ACCESS STUDY

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Interlocal Agreement with University of South Florida for Safe School Access Study. Motion carried and ordered unanimously.

APPROVAL, RE: BUDGET CHANGE REQUESTS, PERSONNEL CHANGES, REIMBURSABLE TRAVEL AND CAPITAL

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Budget Change Requests, personnel changes, and reimbursement for travel and capital. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 TO TASK ORDER WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC., RE: ENGINEERING SERVICES FOR DESIGN AND CONSTRUCTION OF PORT ST. JOHN STORMWATER PROJECT A

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Change Order No. 1 to Task Order No. 53709-92-004-05 with Post, Buckley, Schuh & Jernigan, Inc. in the amount of $6,842 for engineering services associated with the design and construction of a regional stormwater treatment pond on Merritt Island. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 TO AGREEMENT WITH STAR BASE DEVELOPMENT, INC., RE: CONSTRUCTION OF PORT ST. JOHN STORMWATER PROJECT A

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Change Order No. 1 to Agreement with Star Base Development, Inc. in the amount of $21,338.75 for construction of Port St. John Stormwater Project A. Motion carried and ordered unanimously.

DEDUCTIVE CHANGE ORDER NO. 28 TO AGREEMENT WITH BROWN & ROOT BUILDING COMPANY, RE: HARRY T. AND HARRIETTE V. MOORE JUSTICE CENTER

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Deductive Change Order No. 28 to Agreement with Brown & Root Building Company in the amount of $965.28 for the Harry T. and Harriette V. Moore Justice Center. Motion carried and ordered unanimously.

RELEASE OF RETAINAGE AND FINAL PAYMENT TO DOUG WILSON ENTERPRISES, INC., RE: CENTRAL FLEET SYSTEMS CANOPY ADDITION

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize release of retainage and final payment to Doug Wilson Enterprises, Inc. in the amount of $7,616.10 for the canopy addition to the Central Fleet Systems Facility at 4690 North Wickham Road, Melbourne. Motion carried and ordered unanimously.

APPROVE PURCHASE OF AERIAL BUCKET TRUCK, BUDGET CHANGE REQUEST, PERMISSION TO BID SEPARATE COMPONENTS OF BUCKET TRUCK, AND AWARD BID TO LOWEST RESPONSIBLE BIDDER, RE: TRAFFIC ENGINEERING DIVISION

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve purchase of an aerial bucket truck for Traffic Engineering, a loan of $65,000 from the Solid Waste Department, and Budget Change Request transferring loan proceeds to fund the purchase; and authorize advertising for bids for separate components of the bucket truck and award of bid to the lowest responsible bidder. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD TO LOW BIDDER AND EXECUTE AGREEMENT, RE: EASY STREET IMPROVEMENTS PROJECT ON MERRITT ISLAND

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant permission to advertise and solicit bids for Easy Street improvements project on Merritt Island and award to the low bidder; and authorize the Chairman to execute an Agreement for the project. Motion carried and ordered unanimously.

MAINTENANCE AGREEMENT WITH GEAC COMPUTERS, INC., RE: LIBRARY COMPUTER SYSTEM

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Maintenance Agreement with Geac Computers, Inc. for Library Computer System at annual cost of $52,165 for equipment maintenance and $49,069.92 for software maintenance for a total of $101,234.92. Motion carried and ordered unanimously.

APPROVAL, RE: SALE OF THREE SURPLUS COMPUTER DISK DRIVES AND RELATEDEQUIPMENT TO ALACHUA COUNTY LIBRARY DISTRICT

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve sale of three surplus computer disk drives and related equipment to the Alachua County Library District for $2,000. Motion carried and ordered unanimously.

RESOLUTION AND LEASE AGREEMENT WITH CHILD CARE ASSOCIATION OF BREVARD

COUNTY, INC., RE: USE OF LAKEVIEW COMMUNITY CENTER

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution and execute Lease Agreement with Child Care Association of Brevard County, Inc. and the Housing Authority of Brevard County for use of Lakeview Community Center for a day care program for low to moderate income families. Motion carried and ordered unanimously.

RESOLUTION AND GRANT AGREEMENT WITH DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: DEVELOPMENT OF KENNEDY POINT PARK

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution authorizing submission of an application to the State of Florida, Department of Environmental Protection for a $100,000 grant under the Special Waterway Projects Program for development of Kennedy Point Park; and authorize the Chairman to execute the Grant Agreement. Motion carried and ordered unanimously.

CHANGE ORDER NO. 6 TO AGREEMENT WITH RKT CONSTRUCTORS, INC. AND FINAL PAYMENT, RE: WOODY SIMPSON PARK RENOVATION AND ADDITION

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Change Order No. 6 to Agreement with RKT Constructors, Inc. in the amount of $962 and final payment of $42,370.83 for the Woody Simpson Park Renovation and Addition. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH MICHAEL R. MILLS, D.O., RE: MEDICAL DIRECTOR SERVICES

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Amendment to Agreement with Michael R. Mills, D.O. for Medical Director services until December 31, 1996 at $5,838. Motion carried and ordered unanimously.

GRANT AGREEMENT WITH DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND PERMISSION TO QUOTE AND AWARD TO LOWEST QUOTE, RE: DERELICT VESSEL REMOVAL

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Grant Agreement with the Department of Environmental Protection in the amount of $8,875 for derelict vessel removal; and grant permission to quote and award lowest quote for such removal service. Motion carried and ordered unanimously.

CHANGE ORDER NO. 2 TO AGREEMENT WITH RKT CONSTRUCTORS, INC., RE: CONSTRUCTION OF NORTH BREVARD COUNTY YARD WASTE MULCHING AND RECYCLING FACILITY

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Change Order No. 2 to Agreement with RKT Constructors, Inc. in the amount of $106,425 for construction of North Brevard County Yard Waste Mulching and Recycling Facility. Motion carried and ordered unanimously.

AGREEMENT WITH DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: 1997SUPER ACT PROGRAMS

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Agreement with Department of Environmental Protection for 1997 SUPER Act Programs. Motion carried and ordered unanimously.

CONTRACT WITH DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: 1997 STORAGE TANK SYSTEM COMPLIANCE

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Contract with the Department of Environmental Protection for 1997 Storage Tank System Compliance. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-3-6-29 AND AGREEMENT, RE: PEDAL BOATS/BIKE CONCESSION SERVICE AT ROTARY RIVERFRONT PARK

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to award Proposal #P-3-6-29, Pedal Boats/Bike Concession Service, to Julian Tito's Pedal Boat River Rides to provide pedal boat rentals at Rotary Riverfront Park at $.75 per hour payment rate to the County; and execute Agreement with Mr. Tito for the service. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-3-6-30 AND AGREEMENT, RE: MOBILE FOOD CONCESSIONSERVICE AT PARRISH PARK

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to award Proposal #P-3-6-30, Mobile Food Concession Service at Parrish Park, to Harry's Hawaiian Shave Ice at a 10% commission of gross sales; and execute Agreement with the concessionaire for the service. Motion carried and ordered unanimously.

AWARD OF QUOTE #Q-2-6-106, RE: CENTRAL AREA MAINTENANCE SHOP BUILDING

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to waive formal bidding requirements and award the low quote of Larcon Corporation at $38,900 to provide and construct the Central Area Maintenance Shop Building at the Road and Bridge District 4 area. Motion carried and ordered unanimously.

AGREEMENT WITH MICHAEL MILLS, D.O., RE: MEDICAL DIRECTOR SERVICES

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize execution of an Agreement with Michael Mills, D.O. to provide Medical Director services. Motion carried and ordered unanimously.

ACCEPTANCE, RE: PROPERTY INSURANCE FOR FY 1996-97

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to accept the property insurance program for FY 1996-97 obtained by the County-appointed property insurance brokerage firm of A. J. Gallagher & Company. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING DISABLED AMERICAN VETERANS' FORGET-ME-NOT WEEK

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution proclaiming the week of November 18 through 23, 1996 as Disabled American Veterans Forget-Me-Not Week. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: ST. JOHNS RIVER WATER MANAGEMENT DISTRICT FISCAL YEAR 1997 BUDGET

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to acknowledge receipt of the St. Johns River Water Management District Fiscal Year 1997 budget. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to appoint Reverend W. Lockett, 682 Bloke Avenue SE, Palm Bay to the Affordable Housing Council; appoint Sharon Lucas, 475 Port Malabar Boulevard NE, Palm Bay and Holly Grant, 212 Fourth Avenue, Melbourne Beach to the Historical Commission; and reappoint Chuck Maxwell, 190 Church Road, Merritt Island, Mike Erdman, 445 East Merritt Island Causeway, Merritt Island, and Duane Watson, 1175 Faulkingham Road, Merritt Island to the Merritt Island Redevelopment Agency. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve the Bills and Budget Transfers as submitted. Motion carried and ordered unanimously.

DISCUSSION, RE: SPACE ALLOCATION FOR STATE REPRESENTATIVE OF HOUSE DISTRICT 29

State Representative Randy Ball requested the District 29 State Representative Office be allowed to move into the North Brevard County Government Center; and explained the advantages.

Chairman Cook expressed support for the move.

Commissioner Scarborough inquired about compensation for the space; with Representative Ball responding he expects to pay for the space, and requested the amount be a savings over his current rent of $800.

Discussion ensued on the amount of compensation for the space, benefit to the public and County by having Representative Ball in the County building, and amount of space needed. Commissioner Ellis suggested providing 1,000 square feet at $3.25 per square foot; with Representative Ball indicating approval of the proposal.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve provision of approximately 1,000 square feet of office space for State Representative of House District 29 with charges for utilities and contracted services.

Commissioner Higgs inquired about Representative Ball's allocation from the State; with Representative Ball responding it is $1,500 monthly for all office expenses, with the State providing computer equipment and fax machine. Representative Ball indicated excess funds would be returned to the State. Commissioner Higgs expressed concern about Brevard County taxpayers picking up the additional cost; and recommended the County get compensation equal to what it is paying. Discussion continued on the amount of compensation for the space. Commissioner Scarborough suggested Representative Ball work with staff on more equitable compensation for the space. Commissioner Ellis advised there will be costs for the space whether it is filled or not.

Commissioner Scarborough restated the motion to include directing staff to work with Representative Ball on additional payment based on the amount Representative Ball would be returning to the State due to savings on office rent. Commissioner O'Brien advised that is part of his second. Motion carried and ordered unanimously.

STATUS REPORT, RE: TEMPORARY LIVING CENTER (BROKEN GLASS)

Assistant County Manager Joan Madden provided an overview of the report from staff on relocation of The Temporary Living Center (TLC) including compliance, program, property, funding and legal issues.

County Attorney Scott Knox explained the termination provisions of the Lease with The Temporary Living Center.

Ida Miller advised of the need for The Temporary Living Center.

Dr. Ken Taylor advised of his background as a clinical psychologist, his association with Broken Glass, the screening program, and the lack of incidents involving residents at The Temporary Living Center.

Judy Nash advised of a meeting with representatives of Broken Glass, building of permanent structures by TLC without building permits, merger of TLC and Broken Glass, irregularities with the site plan, and lack of supervision of TLC residents. She requested the Contract with TLC be canceled immediately, and the facility be vacated within six months.

Colin Willacy provided statistics on the failure rate of rehabilitation centers; and expressed concern about children in the area. He stated the Lease has been violated and should be discontinued.

Barbara Dillabough requested 20 acres be donated to TLC and the other 180 acres be sold and put back on the tax rolls; noted the lack of proof against TLC; and advised of residents breaking the law by entering the facility and photographing patients. She requested the facility be left where it is.

Commissioner Higgs advised she signed the Contract with TLC in 1995 in her role as Chairman of the Board of County Commissioners.

Kathleen Turner advised of actions taken to contact substance abuse treatment providers in the District and the availability of other facilities; and expressed interest in the Sharpes option. She stated TLC is hearing in the direction of vacating the area, although it would prefer to leave the alcohol rehabilitation portion where it is.

Commissioner Higgs suggested discussion of the alternate site. Commissioner O'Brien expressed concern about giving land to a company with paid employees; and advised of other programs in the County which operate with volunteers with no support from the County. Commissioner Ellis advised the issue is how to move the program out of Valkaria. Commissioner O'Brien advised TLC has other options to buy land.

Eric Jones, President of TLC, advised of meetings with staff. Chairman Cook inquired how much property is being requested; with Ms. Madden responding staff is looking at three to five acres. Mr. Jones advised TLC has ten acres in Valkaria and needs at least that much. Mr. Jones outlined the process to move the facility to another location. He advised TLC is looking at alternate sites; it is looking at funding to keep the alcohol program at a halfway house in Valkaria; and explained why professionals are needed to run the programs instead of volunteers.

Lyn Keisler spoke against the County relocating TLC. She expressed concerns about having felons with alcohol and substance abuse problems in an unsecured facility.

Commissioner Scarborough advised of the lease provisions for termination and the benefits of working with TLC to find an alternate site.

Mary Ann Finley expressed desire to have TLC move out of Valkaria within six months.

Clare Spurgis expressed concern about lack of Board discussion about issues brought up by the public at the last meeting. He outlined the issues which were brought up; and refuted allegations about presence of worse criminals at the facility since TLC became involved, lack of community involvement by Broken Glass, lack of control over residents, and increase in crime rates. He advised of felons and sex offenders living in the neighborhood.

Gerald Keisler expressed agreement with statements made by Commissioner O'Brien; and requested the Board terminate the Lease with TLC.

Janis Walters advised of the change of mission by Broken Glass; and stated it is inappropriate use of the land. She requested the Board set a reasonable deadline for TLC to vacate the Valkaria property, and not make it contingent on finding other property.

Commissioner Scarborough inquired about termination provisions of the Lease; with Mr. Knox responding the strict terms of the Contract have been violated; however, it is necessary to factor in what the County knew when the Contract was signed. Mr. Knox advised of possible defenses against termination. Commissioner Higgs advised neither staff nor the Board knew about the clients who were on probation from the Department of Corrections. Mr. Knox advised the terms are tied to use of the property, not the character of the individuals or the funding source; and reiterated the issue is what was known at the time the Contract was signed.

Ken Gainey expressed opposition to TLC remaining in the residential area of Valkaria. He described the operation of the facility as a business and the change in clientele; and requested immediate termination of the Lease.

Curt Lorenc advised of the zoning incompatibility, illegal addition of structures, and residency of previous speakers; and requested the facility be moved from Valkaria. He requested the Board ask the County Attorney why he did not inform the Board that he had knowledge that the Contract had been violated; and requested the Contract be canceled and a reasonable period of time be set to vacate the premises.

Chairman Cook inquired why the Board was not informed that people beyond the scope of the original Contract were being treated by TLC. Ms. Madden explained changes in the way State funding is provided; advised the Contract was not changed; and stated the substance abuse funding for a number of years has included alcohol and other drug substance abuse.

Ken Gast expressed concern about the length of time felons have been at TLC, the concentration of felons near his house, and use of his tax money; and requested the Board cancel the lease and give a reasonable time limit to vacate the facility.

Richard Green advised residents moved into the area knowing the facility was there; there is a continued need for the facility; and it has not caused any problems for the community. He recommended the community get involved in volunteering at the facility; and explained the need for the program.

Linn Walters commented on the lack of facts and the level of emotion; and refuted various allegations made at the previous meeting. He inquired who will pay for the cost of relocating TLC; and requested tax money be spent on facts not emotion.

Johnnie Wimpee, President of the Valkaria Area Residents Improvement Association, inquired if land is being offered to other non-profit organizations; and commented on the presence of other treatment centers in the County. He read aloud from an October 24, 1995 staff report and from the Lease indicating treatment would be for people with alcohol abuse problems only.

Theo Adkins expressed opposition to having TLC in the neighborhood.

Dr. Marcelle Kinney expressed concern about having convicted felons at the facility; and requested the Contract be terminated. She expressed reservations about giving County land to TLC.

Rose Gainey expressed support for terminating the Lease; and commented on misrepresentations by TLC. She advised if TLC moves to Sharpes, it should not be at County expense.

Larry Jones advised of previous drug and alcohol problems and the effect of these problems on society; and recommended the County do what it can to address this growing problem. He advised of the help he received which allowed him to resume a productive life; and recommended the Board act with compassion.

Candy Miravalle advised of the written terms of the Lease; and expressed support for canceling the Lease. She commented on lack of supervision of convicted felons, illegal construction, and funding.

Commissioner Ellis recommended pursuing five acres in Sharpes for the facility, allowing six months for transition. Commissioner Higgs suggested having staff work with TLC on justifying up to five acres. Chairman Cook inquired about funding; with Commissioner Ellis responding TLC could use the property and make necessary utility hookups.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to direct staff to notify The Temporary Living Center (Broken Glass) that the County wishes to use the property in Valkaria for a different purpose, effective April 1, 1997; work with TLC to relocate on property at the jail in Sharpes, and bring back to the Board a potential lease on such property at the jail up to five acres.

Commissioner O'Brien advised the County does not have responsibility to give land to a business; enumerated other programs which operate without County property; and stated if there is land to be given away, the County should have a surplus land sale so it will be back on the tax rolls.

Discussion ensued on leasing land at the jail, monitoring activities on the lease, justifying the acreage, and staff report coming back to the Board in 90 days.

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

Commissioner O'Brien advised of problems breaking leases.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to direct staff draft a policy that every lease the County makes in the future include a 90-day period to break the lease without cause.

Chairman Cook inquired if that would include vendors; with Commissioner O'Brien responding affirmatively. Discussion ensued on how it could apply to vendors; with Commissioner Higgs requesting staff bring back two policies.

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

The meeting recessed at 11:01 a.m. and reconvened at 11:25 a.m.

ACKNOWLEDGE RECEIPT, RE: SPECIAL AUDIT OF COASTAL HEALTH SYSTEMS OFBREVARD, INC.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to acknowledge receipt of the Special Audit of Coastal Health Systems of Brevard, Inc. Motion carried and ordered unanimously.

RESOLUTION OF NECESSITY, RE: FLORIDA CITIES WATER COMPANY

Commissioner Higgs advised the request is for the County Attorney to prepare a resolution of necessity for the acquisition of the water and sewer facilities, and initiate discussions with the attorney for Avatar, which is the holding company for Florida Cities Water Company; and advised of negative response to a previous letter.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to direct the County Attorney to prepare a resolution of necessity for the acquisition of water and sewer facilities from Florida Cities Water Company, and enter into discussion with attorneys for Florida Cities Water Company on the matter.

Chairman Cook inquired about the County's liability for attorney's fees if the resolution is prepared; with County Attorney Scott Knox responding drafting the resolution will not incur fees.

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

APPROVAL OF FORMAT II ENVIRONMENTAL BOOKLET, NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS, AND CERTIFICATION FORM, AND AUTHORIZE ADVERTISEMENT OF NOTICE OF NO SIGNIFICANT IMPACT, RE: SOUTH MAINLAND COMMUNITY CENTER

Charles Burke advised of actions he took to secure a grant for Micco and the Board's decision to not have the community center in Micco Park; and read portions from the County's Environmental Study into the record. He expressed opposition to funds being released for the Allen Avenue site due to environmental reasons. He advised the members of Concerned Taxpayers of Micco are gathering documented proof supporting the original community center site to send to the Governor.

Adeline Higgins advised of exchanges of property for road paving in private developments; and requested an economic impact statement and safety study on development of the Allen Street site. She expressed displeasure with the advisory committee, the straw vote, and size of the proposed center.

Donald McLeod expressed opposition to release of CDBG funds for the Allen Avenue site before an environmental study is done; and expressed concern that a Barefoot Bay resident is Chairman of the Advisory Committee for the community center.

Kay Lazzeri advised of drainage problems on 10th Street in Micco; and expressed concern about increased runoff and flooding. She expressed support for the Micco Park site.

Commissioner Higgs advised the issue before the Board is the environmental booklet; it is a political year with elections two weeks away; and things are being said which are untrue.

Pete Player inquired if bike paths have been secured from Micco Park to the south section of Main Street; with Commissioner Higgs responding the initial drafts have been done, but there are no final bike paths. Mr. Player advised he lives on the west end of Main Street; and the residents will fight the County. Commissioner Higgs reiterated no decisions have been made concerning the bike paths. Mr. Player expressed concern about the dangerous road, mitigation of scrub land, and drainage problems; and recommended an environmental study be done.

Cheryl Bruns read aloud portions of letters from George Koraly expressing concern about the project and from Frankie Schott expressing concern about absenteeism on the South Mainland Advisory Board, and submitted the letters. Ms. Bruns expressed concern about the Bussen Mayer Preliminary Site Assessment, lack of a scrub jay survey, and St. Johns River Water Management District permit. She advised of private community centers, swimming pools and docks; and requested a community building for summer recreation for children in Micco Park. She requested the project not go forward without an environmental impact study.

E. M. Cunningham advised of the need for a Micco Community Center and the satisfactory completion of the environmental studies; and stated failure to approve the request will further delay the project. He read aloud from the environmental summary supporting the project.

Commissioner Higgs outlined the required permits; and recommended the Board move forward with the project.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Format II Environmental Booklet and Notice of Intent to Request Release of Funds and Certification Form; and grant approval to publish the "Notice of No Significant Impact on the Environmental and Request for Release of Funds and Statement of Findings" and "Public Explanation for Wetlands Protection and Floodplain Management" on or about October 24, 1996.

Assistant County Manager Joan Madden explained the requested action. Chairman Cook inquired about the time for public comment; with Ms. Madden responding at the local level the comment period ends November 8, 1996, and then there is a comment period at the federal level.

Commissioner Ellis inquired about definition of "significantly"; with CDBG Supervisor Denise Carter advising of review at various levels.

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

FINAL PLAT APPROVAL, RE: PINEDA CROSSING, PHASE III

Jay Moynahan, President of Pineda Crossing Corporation, advised of a one-foot wide planting strip planned for the northern and western boundaries of the plat; stated there is nothing that prohibits doing such a thing; and explained the purpose of the strip to protect from development to the west.

Chairman Cook advised he understands the concern; and inquired if there is another way to accomplish what is desired. Mr. Moynahan explained how the access lot could be purchased; and advised of other methods to prevent access which would not be foolproof.

Commissioner Higgs inquired if the planting strip would be in the hands of the homeowners group; with Mr. Moynahan responding that is the intent, and it would occur at 90% of sales.

Commissioner Ellis advised of the need to insure the ability to make utility connections. Discussion ensued on how access to utilities would be preserved, pro rata agreements, spite strips, and how to assure that the planting strips will be turned over to the homeowners' association. Mr. Moynahan advised the planting strips will be deeded to the association within 60 days. County Attorney Scott Knox stated this will be a recorded plat which will have to come back to the Board to be changed.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to grant final plat approval for Pineda Crossing, Phase III with conditions that a one-foot landscaping strip along the western and northern boundaries of the plat identified as Tract E-1 be deeded to the Pineda Crossing Homeowners' Association within 60 days, and a utility easement be provided to allow connection to utilities.

Land Development Specialist Gwen Heller advised the language under Note 9 will need to be amended to include "will be retained by the developer, his heirs or successors."

Commissioner Scarborough advised that is part of the motion; with Commissioner Ellis advising it is part of the second.

Bill Joy expressed support for the planting strip, but concern about the Homeowners Association taking control of it as it is still under control of the developer. Commissioner Scarborough advised of the developer's fiduciary responsibility to the homeowners. Mr. Joy advised he is comfortable with Mr. Moynahan and the Advisory Committee handling it at this time.

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

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to direct staff to come back within 60 days with information on a pro rata utility mechanism similar to that of the Cities of Melbourne and West Melbourne. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITIES AND DRAINAGE EASEMENTS IN CRANE CREEK, UNIT TWO, PHASES 1 AND 2 - ROSTAN, INC.

Chairman Cook called for the public hearing to consider a resolution vacating public utilities and drainage easements in Crane Creek, Unit Two, Phases 1 and 2 as petitioned by Rostan, Inc.

Chairman Cook inquired if there are any objections; with County Surveyor Beverly Sutphin responding all objections have been removed, but she can check to be sure.

Motion by Commissioner Scarborough, to continue the public hearing to consider a resolution vacating public utilities and drainage easements in Crane Creek, Unit Two, Phases 1 and 2.

Commissioner Scarborough withdrew his motion.

Joe Mayer advised Road and Bridge and all other County staff approved the plan. Ms. Sutphin advised the problem has been worked out, and Road and Bridge has no objection. Chairman Cook inquired about objections from residents; with Ms. Sutphin indicating there were none.

There being no further comments heard, motion was made by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution vacating public utilities and drainage easements in Crane Creek, Unit Two, Phases 1 and 2 as petitioned by Rostan, Inc. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE UPDATING SCHEDULE OF IMPROVEMENTS IN CAPITAL IMPROVEMENTS ELEMENT

Chairman Cook called for the public hearing to consider an ordinance updating the Schedule of Improvements in the Capital Improvements Element.

County Manager Tom Jenkins requested the item be continued.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to continue the public hearing to consider an ordinance updating the Schedule of Improvements in the Capital Improvements Element to November 12, 1996. Motion carried and ordered unanimously.

RESOLUTION, RE: CAPITAL IMPROVEMENTS PROGRAM FOR FY 1996-97 THROUGH FY 2000-01

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to table consideration of resolution for the Capital Improvements Program for FY 1996-97 through FY 2000-01. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 22, ADDRESS ASSIGNMENT

Chairman Cook called for the public hearing to consider an ordinance amending Chapter 22, Address Assignment.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt an Ordinance amending Chapter 22, Article IV, Code of Ordinances of Brevard County, Florida, to provide a uniform numbering system for assignment of address numbers; reorganizing and renumbering sections; amending definitions; specifically expanding the scope of regulations to include mobile home parks, easements, flag lot stems, driveways or unimproved roadways; changing Growth Management Department to Brevard County Address Assignment; providing criteria and standards for naming streets; providing penalty; creating Section 22-318 providing for appeals; providing for area encompassed; providing for conflicting provisions; providing for severability; providing for inclusion in Code; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE REGULATING ROADSIDE VENDORS

Chairman Cook called for the public hearing to consider an ordinance regulating roadside vendors.

Charlie Ham advised of marketing practices at his business for the last 27 years; and inquired about differences in the proposed ordinance. County Attorney Scott Knox advised the type of business Mr. Ham described is an accessory to his existing business and will not be covered by the ordinance.

Reverend Edward Buckner described the effect of roadside flower vendors on his business; and expressed support of the proposed ordinance.

Leonard Beckett expressed support of the proposed ordinance, and advised of its background.

Assistant County Attorney Christine Lepore advised Section 12 of the proposed ordinance addresses conditional use requirements for farmers markets; and the Board directed the setback be changed to 50 feet.

Mr. Beckett advised the proposed ordinance is consistent with all existing Ordinances and laws; and recommended it not be changed. He explained why roadside vendors are in violation; and requested the Board protect those businesses which operate in a legal manner.

J. W. Cash advised of his part-time job selling vegetables; and explained he does it to help people who cannot afford to go to the grocery store, not to make money, and has had no traffic problems.

Dan Jones explained the legal and business requirements with which he complies in running his flower shops; and requested roadside vendors be required to get licenses and put in infrastructure.

Al Kee advised of declining business over the last fifteen years; and expressed support of the proposed ordinance.

Stacy Davis requested the setback for roadside vendors be set at 25 feet; and advised roadside vendors are no bigger hazard than businesses with parking lots.

David Syms advised the florists want to get the roadside vendors selling roses off the road, but do not mention fruit stands, Christmas trees, etc. He explained why the proposed ordinance is unfair and will close down rose vendors. He requested roadside vendors have a setback of no more than 25 feet from the right-of-way to be equitable with other businesses; and advised if the setback is not granted, he will appeal.

Edward Mashintonio explained the legal requirements of running his business; advised the current Ordinance is unenforceable; and requested the Board adopt the proposed ordinance to make it enforceable and setting limits. He advised of support of other businesses and the Chambers of Commerce.

Lillian Banks expressed opposition to limiting the roadside flower vendors.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to adopt an Ordinance amending Chapter 86, Article IV, Roadside Stands, and Chapter 62, Article VI, Zoning Regulations, Division 1. Generally; Division 4, Subdivision II. Unimproved, Agricultural and Residential, Subdivision VI, Commercial; Division 5, Subdivision III. Conditional Uses; Code of Ordinances of Brevard County, Florida; specifically amending Chapter 86 as follows: providing legislative intent; amending definitions of County road, operating, right-of-way, roadside stand; creating definitions for farmer's stand and mobile vendor; amending penalty and providing penalty for refusal to sign citation; amending regulation of roadside stands in County road right-of-way; providing setbacks; providing exception for mobile vendor; providing joint enforcement by Sheriff's Department and Code Enforcement; providing conditions of occupational license; requiring posting of occupational license and authorization from private property owner; specifically amending Chapter 62 as follows: providing definition of farmer's stand; amending definition of roadside vendor stand; amending agricultural zoning use classifications to allow roadside stand as conditional use and providing conditional use standards; amending setback requirements for farmers' markets as conditional use in agricultural zoning classifications; amending provision for accessory use in commercial zoning classifications; providing severability; providing resolution for conflicting provisions; and providing an effective date.

Discussion ensued on the setback provisions. Ms. Lepore outlined the setback provisions in the proposed ordinance. Commissioner Scarborough inquired about parking lots and setbacks; with Ms. Lepore responding the setback is for the structure or stand.

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

PUBLIC HEARING, RE: REQUEST FOR VESTED RIGHTS DETERMINATION FOR JAMESVAN ARTSDALEN

Chairman Cook called for the public hearing to consider a request for vested rights determination for James Van Artsdalen.

Mr. Van Artsdalen submitted photographs of the mobile home.

There being no further comments, motion was made by Commissioner Ellis, seconded by Commissioner O'Brien, to approve request for vested rights determination for property owned by James Van Artsdalen to locate a mobile home on AU property that is less than ten acres. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITIES AND DRAINAGE EASEMENT IN THE CLOISTERS TERRACE SUBDIVISION - MARK A. GAGER

Chairman Cook called for the public hearing to consider a resolution vacating public utilities and drainage easement in The Cloisters Terrace Subdivision as petitioned by Mark A. Gager.

Mark Gager advised the request is to vacate public utility and drainage easement in The Cloisters Terrace, and his neighbors have no objection. He outlined the exhibits in the submitted information package.

Commissioner Ellis inquired about the ability to work the utilities around the proposed wall. Jeff Joseph described the location of the four utilities; and explained how it would work, going under the wall. Discussion ensued on the location of the utilities and location of the wall. County Surveyor Beverly Sutphin advised FP&L objects to any vacation of the northern 10-foot easement. Discussion proceeded on how the utility companies would access the lines, compatibility of the wall with the neighborhood, and location of wooden fences on the bike path. Commissioner Ellis inquired if the Board can vacate with certain conditions; with County Attorney Scott Knox responding affirmatively.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to adopt Resolution vacating public utilities and drainage easement in The Cloisters Terrace Subdivision as petitioned by Mark A. Gager, with the condition that the structure not be built parallel over the top of the utilities, and allowing up to two perpendicular crossing of the utilities.

Commissioner O'Brien expressed reservation about vacating the easement; and outlined his concerns.

Discussion ensued on the difference between fences and walls, objections of utility companies, staff recommendation, and location of utility lines. Ms. Sutphin advised this is a variance request, and there may be additional variance requests to be considered. Discussion resumed on the possible location of the wall.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to adopt Resolution vacating the seven feet of the public utility and drainage easement closest to the property line in The Cloisters Terrace Subdivision as petitioned by Mark A. Gager, with the condition that the structure not be built parallel over the top of the utilities, and allowing up to two perpendicular crossings of the utilities.

Commissioner Scarborough advised he would like to hear from the affected utilities before voting on the motion. Discussion ensued on the effect to the neighborhood, how much can be vacated, provision of access, and getting additional input from the utility companies.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to continue the public hearing to consider resolution vacating public utilities and drainage easement in The Cloisters Terrace Subdivision as petitioned by Mark A. Gager to the October 24, 1996 Board meeting at 5:01 p.m. Motion carried and ordered unanimously.

The meeting recessed at 1:11 p.m. and reconvened at 1:25 p.m.

DISCUSSION, RE: COUNTY JAIL INFRASTRUCTURE SALES SURTAX INTERLOCAL AGREEMENTS

Assistant to County Manager Yvette Parker advised the County has received Interlocal Agreements from the Cities of Cocoa, Palm Bay, Satellite Beach, and Titusville and the Town of Palm Shores; Agreements with the City of Cape Canaveral and Town of Melbourne Beach are on the way; and that represents 154,752 citizens which is enough to proceed with the referendum.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize execution of Interlocal Agreements with municipalities for the Infrastructure Sales Surtax. Motion carried and ordered unanimously.

Commissioner Scarborough inquired about press coverage; with Ms. Parker responding the Florida TODAY Editorial Board recently toured the facility and plans to do an article.

POLICY OPTIONS, RE: CODE ENFORCEMENT OPERATIONS

Commissioner Higgs expressed interest in having a special master as an option to the Code Board; with Chairman Cook concurring. Commissioner Scarborough explained how the Value Adjustment Board operated in previous years and the advantages of the change to special masters. Chairman Cook emphasized the value of the Code Board which is made up of citizens, but agreed to having an option of a special master. Discussion ensued on the Code Board.

Commissioner Ellis advised he likes options 4, 5 and 6.

Motion by Commissioner O'Brien, to approve Option 1, to expand on the current prioritization schedule for investigating complaints.

Commissioner Ellis advised he does not support Option 1. Discussion ensued on the option. County Manager Tom Jenkins advised the option reflects the existing situation. Commissioner Ellis advised of Board direction that Code Enforcement was only to respond to complaints. Discussion resumed about uniform enforcement, workload of Code Enforcement, violations observed by Code Enforcement in response to complaints, prior Board direction, neighborhood disputes, elimination of priority 5, and burdening Code Enforcement officers.

Code Enforcement Supervisor Gary Penna explained the need for prioritization. Chairman Cook inquired if the problem is mainly commercial; with Mr. Penna responding affirmatively. Chairman Cook suggested including number 5 restricted to commercial properties; with Mr. Penna advising of neighborhood problems. Discussion resumed on the option and selective enforcement.

Motion amended by Commissioner O'Brien, seconded by Commissioner Cook, to approve Option 1, to expand on the current prioritization schedule for investigating complaints, amending number 5 to include "in commercially zoned areas."

Commissioner Scarborough inquired if the motion is sufficient to allow Code Enforcement the ability to decide that it is more prudent to allow a violation of Code. Mr. Jenkins advised that was not the intent; and Code Enforcement officers should not be making the determination whether to enforce a violation or not.

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

Commissioner O'Brien provided examples addressed by Option 2.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Option 2, to establish a policy that Code Enforcement will not pursue violations for Priority Four complaints which have been in existence for five years or more, or where there is no supporting documentation available to prove or disprove the violation, and the violation does not pose a threat to the public health, safety or welfare. Motion carried and ordered unanimously.

The Board expressed preference for maintaining the current criteria of 1,000-foot distance for accepting complaints.

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to approve Option 4, to direct staff to identify amendments to Codes and Comprehensive Plan where applicable to differentiate between various zoning classifications. Motion carried and ordered unanimously.

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to approve Option 5, if Code Enforcement receives more than two complaints for unsubstantiated/nonexistent violations at the same location, except for complaints involving health, safety, or environmental issues, no further complaints will be investigated for that location.

Commissioner Scarborough inquired whether it would be the same complaint or a different complaint. Chairman Cook stated period of time is an issue. Commissioner Ellis clarified the motion applies to the same complaint. Discussion proceeded on a time period, substantiated versus unsubstantiated complaints, and change in circumstances. Mr. Penna explained the intent was to avoid neighborhood disputes which could involve different unsubstantiated complaints. Commissioner Higgs expressed concern about later complaints being valid. Commissioner Scarborough advised of the difference between unsubstantiated claims and unverified claims.

Motion restated by Commissioner Ellis, seconded by Commissioner O'Brien, to approve Option 5 for complaints within a one-year time period. Motion carried and ordered unanimously.

Motion by Commissioner Ellis, seconded by Commissioner Higgs, to approve Option 6, reaffirming the policy that if a complaint is received on a matter which is not regulated by any County Code, the complainant will be so notified, and no investigation or field visit will be required. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize offering a choice of using a Special Master or going before the Code Enforcement Board. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID TO LOWEST RESPONSIBLE BIDDER, CLOSE DAIRY ROAD SOUTH FROM EDGEWOOD DRIVE TO FLORIDA AVENUE, ISSUE NOTICE TO PROCEED, AND AUTHORIZE CHAIRMAN TO EXECUTE CONTRACT AND BUDGET CHANGE REQUESTS, RE: DAIRY ROAD SOUTH FROM PALM BAY ROAD TO U.S. 192

Commissioner O'Brien inquired who will maintain Dairy Road after its completion; with Public Works Director Henry Minneboo responding the County will be responsible. Chairman Cook inquired if it will be out of the Dairy Road Fund and Account; with Mr. Minneboo responding that is correct. Commissioner Higgs advised she is comfortable approving the agenda item minus closing Edgewood to Florida Avenue; and requested staff provide information on traffic management.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant permission to bid for the widening of Dairy Road South from Palm Bay Road north to U.S. 192, award the bid to the lowest responsible and responsive bidder, and issue Notice to Proceed for geotechnical testing services; authorize the Chairman to sign the construction contract and relative budget change requests, upon receipt of adequate funding from parties involved; and direct staff to bring back additional information on the management of traffic involved with the proposed closing of Dairy Road South to through traffic, from Edgewood Drive to Florida Avenue, for a period of eight months during construction. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE WITH ROBERT W. AND NANCY L. YOUTZY, RE: MALABAR ROAD PHASE II

County Manager Tom Jenkins advised the seller was not willing to sign the Environmental Addendum because they place above ground tanks on the north end of the parent tract. Discussion ensued on the location of the tanks, lack of knowledge about what the tanks were used for, the appraised value, and the funding source.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to authorize execution by the County Manager of Contract for Sale and Purchase with Robert and Nancy Youtzy for property located in Section 36, Township 28 South, Range 36 East for use in Malabar Road, Phase II. Motion carried and ordered unanimously.

APPROVAL, RE: CLOSING OF COCOA BEACH PUBLIC LIBRARY DURING THANKSGIVING WEEKEND

Commissioner O'Brien advised the closing of the library is to allow a street party.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to approve the closing of the Cocoa Beach Public Library on November 30 and December 1, 1996 because the Space Coast Art Festival utilizes the library parking lot.

Discussion ensued on whether there will be need for similar action next year.

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

PRESENTATIONS

Chairman Cook advised this is Commissioner Ellis' last regular meeting; and presented him with a plaque on behalf of the Board of County Commissioners in recognition of his contributions as the District 5 Commissioner.

Micah and Norma Savell extended appreciation to Commissioner Ellis; and presented him with a Certificate of Appreciation.

PUBLIC COMMENT

Bea Polk advised she wanted to be present for the discussion on space for the District 29 State Representative office, but it was changed to 9:15 a.m.; and requested the Board establish a policy advising of time certain items on the Advanced Agenda. She advised of empty office buildings in North Brevard; and inquired how many places is the County leasing. She recommended charging the District 29 Representative whatever the State allows for rent, and including a provision that any excess money be returned to the County, not the State. She expressed concern about filling the County Courthouse with non-County people.

Chairman Cook advised the Representative gets $1,500 a month for operating expenses including rent, and the space is currently vacant. Commissioner Scarborough explained the previous motion. Discussion ensued on the rent and utilities to be paid for the space for the District 29 State Representative office. Commissioner Scarborough advised the exact amount will be determined by the Board at a public meeting.

Ida Blickley commented on Representative Ball requesting space prior to the election.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 2:26 p.m.

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

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