The Board of County Commissioners of Brevard County, Florida, met in regular session on September 26, 1995, at 9:00 a.m. in the Government Center Board Room, Building C, 2725 St. Johns Street, Melbourne, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Mark Cook and Scott Ellis, County Manager Tom Jenkins, and County Attorney Scott Knox.

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

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

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve the Minutes of July 11, 1995 Regular Meeting, July 17 and 18, 1995 Workshops, and July 26 and 27, 1995 Special Meetings. Motion carried and ordered unanimously.

ITEMS PULLED FROM CONSENT AGENDA

Commissioner O'Brien requested the following items be pulled from the Consent Agenda: III.A.19, III.A.25, III.B.4, III.B.6, III.B.7, III.B.8, III.B.14, III.B.42, III.E.1, and III.E.4. Commissioner Cook requested Items III.C.1, III.C.2, and III.C.3 be pulled. Commissioner Ellis requested Items III.D.7 and III.D.19 be pulled.

Chairman Higgs stated she has speaker cards on Items III.D.6. and III.D.12. She advised the items that were pulled from the Consent Agenda will be heard at the end of the meeting.

RESOLUTION, RE: NAMING CHARITY AVENUE

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution naming Charity Avenue located in Section 20, Township 30G South, Range 38 East. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: KIMBERLY ESTATES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant final plat approval for Kimberly Estates, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: ISLAND CROSSING SUBDIVISION Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant final plat approval for Island Crossing Subdivision, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: GOLDEN DUNES BEACH HOMES AKA LEWIS TOWNHOMES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant final plat approval for Golden Dunes beach Homes aka Lewis Townhomes, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all other necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: WINDOVER FARMS, PHASE 5, UNIT 4

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant final plat approval for Windover Farms, Phase 5, Unit 5, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all other necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: VIERA TRACT G-2, PHASE 1

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant final plat approval for Viera Tract G-2, Phase 1, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all other necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: SUNTREE NORTH-SABAL PALM ESTATES, UNIT 2

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant final plat approval for Suntree North-Sabal Palm Estates, Unit 2, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all other necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: CLOISTER TERRACE

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant final plat approval for Cloister Terrace, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all other necessary jurisdictional permits. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT WITH DEERFIELD GROVES FOR IMPROVEMENTS IN SUNSET LAKES, PHASE II

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution releasing Contract with Deerfield Groves for improvements in Sunset Lakes, Phase II. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT WITH THE VIERA COMPANY FOR IMPROVEMENTS IN VIERA TRACT BB/V, PHASE I, UNIT I

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution releasing Contract with The Viera Company for improvements in Viera Tract BB/V, Phase I, Unit I. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT WITH THE VIERA COMPANY FOR IMPROVEMENTS IN VIERA TRACT BB/V, PHASE II

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution releasing Contract with The Viera Company for improvements in Viera Tract BB/V, Phase II. Motion carried and ordered unanimously.

CONTRACT WITH SUNTREE PARTNERS, RE: SIDEWALK IMPROVEMENTS IN SUMMERWOOD SUBDIVISION

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Contract with Suntree Partners for sidewalk improvements in Summerwood Subdivision. Motion carried and ordered unanimously.

CONTRACT WITH SUNTREE PARTNERS, RE: SIDEWALK IMPROVEMENTS IN SUNTREE NORTH-DEVONS GLEN, UNIT 1

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Contract with Suntree Partners for sidewalk improvements in Suntree North-Devons Glen, Unit 1. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH DONALD AND ROXANNE MACKEY, RE: JUDY ROAD

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Unpaved Road Agreement with Donald and Roxanne Mackey for Judy Road aka Judy Kay. Motion carried and ordered unanimously.

AGREEMENT TO EXTEND EXISTING CONTRACT WITH SOUTHEASTERN PRINTING COMPANY, INC., RE: BREVARD COUNTY HISTORY BOOK, VOLUME I

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreement to Extend Existing Contract with Southeastern Printing Company, Inc. extending the term from September 30, 1995 to October 30, 1995 for delivery of the Brevard County History Book, Volume 1. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ADOPTION OF 13TH SMALL SCALE PLAN AMENDMENT OF 1995 (95S.13)

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant permission to advertise public hearing on December 4, 1995, at 5:30 p.m. to consider adoption of the 13th Small Scale Plan Amendment of 1995 (95S.13). Motion carried and ordered unanimously.

APPROVAL, RE: REVOLVING LOAN FOR BREVARD MPO

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve a revolving loan of $80,000 from the General Fund for operating capital for Brevard Metropolitan Planning Organization (MPO). Motion carried and ordered unanimously.

RESOLUTION SETTING PUBLIC HEARING, RE: VACATING PUBLIC UTILITY EASEMENTS IN BAREFOOT BAY, UNIT 1 - GEORGIA METCALF

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution setting public hearing for October 24, 1995, to consider vacating public utility easements in Barefoot Bay, Unit One as petitioned by Georgia Metcalf. Motion carried and ordered unanimously.

RESOLUTION SETTING PUBLIC HEARING, RE: VACATING PORTION OF FOREST LAKE AVENUE - THOMPSON & ASSOCIATES, ENGINEER

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution setting public hearing for October 24, 1995, to consider vacating a portion of Forest Lake Avenue as petitioned by Thompson & Associates, Engineer. Motion carried and ordered unanimously.

RESOLUTION SETTING PUBLIC HEARING, RE: VACATING DRAINAGE EASEMENT SOUTH OF PINEDA CAUSEWAY - THOMPSON & ASSOCIATES, ENGINEER

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution setting public hearing for October 24, 1995, to consider vacating a 50-foot drainage easement south of Pineda Causeway as petitioned by Thompson & Associates, Engineer. Motion carried and ordered unanimously.

AUTHORIZATION TO EXTEND APPLICATION WITH DEPARTMENT OF COMMUNITY AFFAIRS, AND EXECUTE AGREEMENT TO EXTEND EXISTING CONTRACT WITH CIRCLES OF CARE, INC., RE: DRUG COURT GRANT AND SUBSTANCE ABUSE TREATMENT

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize extending application with Florida Department of Community Affairs for Drug Court Grant and execute Agreement to Extend Existing Contract with Circles of Care, Inc. for substance abuse treatment from October 1 through December 31, 1995. Motion carried and ordered unanimously.

AGREEMENT TO EXTEND EXISTING CONTRACT WITH ALCO-REST, INC., RE: SUBSTANCE ABUSE AND PREVENTION/EDUCATION PROGRAM

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreement to Extend Existing Contract with Alco-Rest, Inc. for substance abuse and prevention/education program, from October 1 through December 31, 1995, with HRS funding for 1995-96 being conditional to Alco-Rest merging with an HRS/ADM (Alcohol, Drug Abuse, and Mental Health) approved agency or obtaining HRS funding. Motion carried and ordered unanimously.

RESOLUTION, RE: INCREASING SUPERVISION FEE FOR DEFENDANTS PLACED UNDER SUPERVISION

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution increasing the fee from $40 to $45 for defendants placed on supervision. Motion carried and ordered unanimously.

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

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Amendment to Agreement with Circles of Care, Inc. to provide Children's Baker Act Services from October 2, 1994 through September 30, 1995 to match Baker Act funds. Motion carried and ordered unanimously.

AGREEMENT WITH VIETNAM VETERANS OF BREVARD, INC., RE: TRANSITIONAL HOUSING SERVICES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreement with Vietnam Veterans of Brevard, Inc. to provide transitional housing services to homeless veterans throughout Brevard County from October 1, 1995 through September 30, 1996, at a cost of $15,000. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH FAMILY COUNSELING CENTER OF BREVARD, INC., RE: CONSUMER CREDIT COUNSELING FOR FIRST-TIME HOMEOWNERS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Amendment to Agreement with Family Counseling Center of Brevard, Inc., extending the Agreement to December 31, 1995, to provide consumer credit counseling to first-time homeowners. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH SATURN BUILDERS, RE: CAN-AM PROJECT

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve Change Order No. 1 to Agreement with Saturn Builders of Brevard, Inc., increasing contract price by $5,500 to correct water leaks in 24 units of the Can-Am Project. Motion carried and ordered unanimously.

AGREEMENT WITH ALCO-REST, INC., RE: ALCOHOL/SUBSTANCE ABUSE RECOVERY PROGRAM

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreement with Alco-Rest, Inc. to provide services for an alcohol/substance abuse recovery program for low and moderate income persons from October 1, 1995 to September 30, 1996 in the amount of $56,543, with HRS funding for Alco-Rest for 1995-96 being conditioned upon Alco-Rest securing an annual contract with HRS/ADM for 1996 or merging with another HRS/ADM approved and funded agency. Motion carried and ordered unanimously.

AGREEMENT WITH BREVARD COMMUNITY COLLEGE COMMUNITY COMMONS PROGRAM, RE: EDUCATIONAL SERVICES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreement with Brevard Community College Community Commons Program to provide educational services for low and moderate income families from October 1, 1995 through September 30, 1996, at $15,000. Motion carried and ordered unanimously.

INTERLOCAL AGREEMENTS WITH CITIES OF TITUSVILLE, COCOA, MELBOURNE AND PALM BAY, RE: DISBURSEMENT OF U.S. HUD HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreements with Cities of Titusville, Cocoa, Melbourne and Palm Bay for disbursement of U.S. HUD HOME Investment Partnership Program funds to the members of the HOME Consortium. Motion carried and ordered unanimously.

RENEWAL AGREEMENT WITH COMMUNITY SERVICES COUNCIL, RE: COMMUNITY CARE FOR THE ELDERLY SERVICES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Renewal Agreement with Community Services Council to provide community care for the elderly services from October 1, 1995 through September 30, 1996, at $21,703. Motion carried and ordered unanimously.

RENEWAL AGREEMENT WITH COMMUNITY SERVICES COUNCIL, RE: SENIOR ASSISTANCE PROGRAMS (SAP)

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Renewal Agreement with Community Services Council of Brevard County, Inc. to provide Senior Assistance Programs (SAP) from October 1, 1995 through September 30, 1996, at $25,000. Motion carried and ordered unanimously.

RENEWAL AGREEMENT WITH COMMUNITY SERVICES COUNCIL, RE: SENIOR NUTRITIONAL ASSISTANCE PROGRAM (SNAP)

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Renewal Agreement with Community Services Council of Brevard, Inc. for provision of the Senior Nutritional Assistance Programs (SNAP) from October 1, 1995 through September 30, 1996 at $100,398. Motion carried and ordered unanimously.

AGREEMENT WITH ALZHEIMER'S ASSOCIATION, EAST CENTRAL FLORIDA CHAPTER, RE: ALZHEIMER'S PATIENT/CAREGIVER SERVICES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreement with Alzheimer's Association, East Central Florida Chapter for education, support and assistance to Alzheimer's patients and their caregivers from October 1, 1995 through September 30, 1996 at $32,758. Motion carried and ordered unanimously.

RESOLUTIONS AND LEASE AGREEMENTS WITH MARTIN ANDERSEN SENIOR CENTER, NORTH BREVARD SENIOR CENTER, GREATER PALM BAY SENIOR CENTER, AND SOUTH BREVARD SENIOR CENTER ASSOCIATIONS, RE: OPERATION OF SENIOR CENTERS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolutions and execute renegotiated Lease Agreements with Martin Andersen Senior Center, North Brevard Senior Center, Greater Palm Bay Senior Center, and South Brevard Senior Center for a period from October 1, 1995 through September 30, 2000. Motion carried and ordered unanimously.

WAIVER OF MUSIC AND ALCOHOL REGULATIONS, RE: POLISH FESTIVAL AT FOX LAKE PARK

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to waive the provisions of Brevard County Code to allow musical entertainment and sale/possession/donation of alcoholic beverages, subject to organizer providing security, general comprehensive liability insurance with liquor liability, crowd control and clean up, and all state and local regulatory permits, for the Polish Festival at Fox Lake Park on October 1, 1995. Motion carried and ordered unanimously.

WAIVER OF MUSIC AND ALCOHOL REGULATIONS, RE: OCTOBERFEST '95 AT FOX LAKE PARK

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to waive the provisions of Brevard County Code to allow musical entertainment and sale/possession/donation of alcoholic beverages, subject to organizer providing security, general comprehensive liability insurance with liquor liability, crowd control and clean up, and all state and local regulatory permits, for the Octoberfest '95 at Fox Lake Park on October 14, 1995. Motion carried and ordered unanimously.

CHANGE ORDERS NOS. 1 AND 2 WITH RKT CONSTRUCTORS, INC., RE: WOODY SIMPSON PARK RENOVATION AND ADDITION

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve Change Orders Nos. 1 and 2 to Agreement with RKT Constructors, Inc. for the Woody Simpson Community Center Project, increasing the contract price by $886 and time by three days in Change Order No. 1 and $5,432 and fourteen days in Change Order No. 2. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH PRIORITY ONE CONSTRUCTION, RE: COCOA WEST COMMUNITY CENTER

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve Change Order No. 1 to Agreement with Priority One Construction for the Cocoa West Community Center increasing the contract price by $108.62 and time by 68 days. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH THE NIDY COMPANY, RE: ROCKLEDGE PARK TENNIS COURTS Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve Change Order No. 1 to Agreement with The Nidy Company for construction of four tennis courts at Rockledge Park, increasing the contract time by 40 days. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 AND FINAL PAYMENT WITH PRIORITY ONE CONSTRUCTION, RE: MAINTENANCE BUILDING AT RODES PARK

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve Change Order No. 1 to Agreement with Priority One Construction for the two-bay maintenance building at Rodes Park, extending the time by 40 days; and approve final payment of $7,290. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 TO AGREEMENT WITH PRIORITY ONE CONSTRUCTION, RE: STATHAM PARK COMMUNITY CENTER INTERIOR RENOVATIONS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve Change Order No. 1 to Agreement with Priority One Construction for the Statham Park Community Center Project, increasing the contract price by $5,300 and the time by 79 days. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 AND FINAL PAYMENT WITH FRANK A. KENNEDY, INC., RE: H. S. WILLIAMS HOUSE FOUNDATION STABILIZATION

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve Change Order No. 1 to Agreement with Frank A. Kennedy, Inc. for the H. S. Williams House Foundation Stabilization Project, increasing the contract price by $3,151.59, and approve final payment of $8,986.29. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF TITUSVILLE, RE: CONSTRUCTION AND RENOVATIONS TO TITUSVILLE VETERAN'S MEMORIAL PIER

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreement with City of Titusville for the County's financial participation in the construction and renovations to the Titusville Veteran's Memorial Pier. Motion carried and ordered unanimously.

RESOLUTION AND LEASE AGREEMENT WITH CHILD CARE ASSOCIATION OF BREVARD COUNTY, INC., RE: USE OF FACILITIES AT WOODY SIMPSON PARK

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution and execute Lease Agreement with the Child Care Association of Brevard County, Inc. for use of the facility at Woody Simpson Park for the term October 1, 1995 through September 30, 1996. Motion carried and ordered unanimously.

RESOLUTION AND LEASE AGREEMENT WITH CHILD CARE ASSOCIATION OF BREVARD COUNTY, RE: USE OF LAKEVIEW COMMUNITY CENTER

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution and execute Lease Agreement with Child Care Association of Brevard County, Inc. for use of Lakeview Community Center for the term October 1, 1995 through September 30, 1996. Motion carried and ordered unanimously.

AGREEMENT WITH PATRICK AIR FORCE BASE, RE: ENHANCED MUTUAL FIRE PROTECTION AND RESCUE SERVICES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreement with Patrick Air Force Base allowing it to be first responder in the corridor of unincorporated Brevard County south of Cocoa Beach and north of Patrick Air Force Base housing for enhanced mutual fire protection and rescue services. Motion carried and ordered unanimously.

APPOINTMENTS, RE: EMS ADVISORY COUNCIL

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to appoint Adina Hebert, Wuesthoff Health Systems, Inc., P. O. Box 565002, Rockledge, Florida 32956-5002, replacing Katie Scholl; and Timothy R. Matson, Rockledge Fire Department, P. O. Box 560488, Rockledge, Florida 32956-0488 to the Emergency Medical Services Advisory Council, with terms of appointments expiring December 31, 1995. Motion carried and ordered unanimously.

AGREEMENT WITH TOWN OF MALABAR, RE: FIRE PAGING/PHONING SERVICES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreement with Town of Malabar for fire rescue alerting services for three years at a cost to the Town of $1,413, to be renegotiated annually. Motion carried and ordered unanimously.

APPROVAL, RE: ERRORS AND INSOLVENCIES FOR EMERGENCY MEDICAL SERVICES ASSESSMENT

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve the Errors and Insolvencies list, reducing the original assessment by $986.60. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, DIVISION OF EMERGENCY MANAGEMENT, RE: FY 96 EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE TRUST FUND

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute the 1996 Emergency Management Preparedness and Assistance Fund Grant Agreement with the Florida Department of Community Affairs, Division of Emergency Management; approve Budget Change Request; and designate Emergency Management Director Mark McMichael as Authorized Agent. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, DIVISION OF EMERGENCY MANAGEMENT, RE: HAZARDOUS MATERIALS PLANNING UPDATE FUNDING ASSISTANCE

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreement with Florida Department of Community Affairs, Division of Emergency Management, for funding assistance for the Hazardous Materials Planning Update; and approve Budget Change Request. Motion carried and ordered unanimously.

RESOLUTION, RE: ESTABLISHING MINIMUM CONTRACT RATE FOR SCAT SERVICES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution establishing the minimum contract rate for Space Coast Area Transit Services for all agencies effective October 1, 1995. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING SCAT TICKET BOOKS, PUNCH CARDS AND BUS PASSES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution authorizing Space Coast Area Transit bus ticket books, punch cards, and bus passes effective October 1, 1995. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF MELBOURNE, RE: SCAT BUS SERVICE WITHIN THE CITY

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreement with City of Melbourne for Space Coast Area Transit to provide bus service within the City from October 1, 1995 through September 30, 1996 at $26,083. Motion carried and ordered unanimously.

REQUEST FOR EXEMPTION FROM ALCOHOLIC BEVERAGES POLICY, RE: OFFICE OF TOURISM DEVELOPMENT

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to exempt the Office of Tourism Development from the Board policy regarding alcoholic beverages. Motion carried and ordered unanimously.

APPROVAL TO FUND EXPENSES TO ATTEND MID-WEST INTERNATIONAL BAND AND ORCHESTRA CLINIC 49TH ANNUAL CONVENTION, RE: HAL GIBSON, LOCAL BAND LEADER

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve funding travel expenses for Hal Gibson to represent the Space Coast in the Office of Tourism Development exhibit booth at the 49th Annual Mid-west Band and Orchestra Clinic in Chicago, Illinois on December 19 through 23, 1995. Motion carried and ordered unanimously.

APPROVAL OF OPEN PURCHASE ORDER WITH BREVARD CULTURAL ALLIANCE, RE: FY 1995-96 EXPENDITURES IN OFFICE OF TOURISM/TOURIST DEVELOPMENT COUNCIL CULTURAL EVENTS FUND

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve an open purchase order with Brevard Cultural Alliance of $110,133 for expenditures in the Office of Tourism/Tourism Development Council Cultural Events Fund. Motion carried and ordered unanimously.

APPROVAL OF FY 1995-96 CULTURAL EVENTS MATCHING GRANTS, RE: MELBOURNE ART FESTIVAL, INC., SPACE COAST ART FESTIVAL, INC., THE HENEGAR CENTER, BREVARD MUSEUM OF ART AND SCIENCE, VALIANT AIR COMMAND, BREVARD MUSEUM OF HISTORY AND NATURAL SCIENCE, BREVARD COMMUNITY COLLEGE FOUNDATION, AND HONOR AMERICA, INC.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve awarding $66,800 for eight 1995-96 Cultural Events matching grants from the Cultural Events Category of 5% of the first two cents of tourist tax to: Melbourne Art Festival, Inc., Space Coast Art Festival, Inc., The Henegar Center, Brevard Museum of Art and Science, Valiant Air Command, Brevard Museum of History and Natural Science, Brevard Community College Foundation, and Honor America, Inc. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF TITUSVILLE, RE: TITUSVILLE TRANSFER STATION AND NORTH BREVARD YARD TRASH MULCHING AND RECYCLING FACILITY SEWER AND WATER SERVICE

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreement with City of Titusville for water and sewer service to the Titusville Transfer Station and North Brevard Yard Trash Mulching and Recycling Facility. Motion carried and ordered unanimously.

APPROVAL TO ACCEPT MASTER AND VISA CREDIT CARDS AND EXECUTE APPLICATION AND DOCUMENTS WITH SUN BANK, N.A., RE: PAYMENT OF SOLID WASTE CHARGES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve accepting Mastercard and Visa credit cards for payment of solid waste charges; and execute application and other documentation with SunBank, N.A. for the Merchant bank card for Mastercard and Visa credit card transactions. Motion carried and ordered unanimously.

AUTHORIZATION TO APPLY FOR FEMA AND STATE FUNDING, RE: MUNICIPALITIES' PAYMENTS TO FRANCHISE COLLECTORS FOR HURRICANE ERIN DEBRIS PICKUP SERVICES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize application for Federal (FEMA) and State funding for municipalities requesting assistance to make payments to Harris Sanitation and Western Waste Industries for Hurricane Erin debris pick-up services in the municipalities. Motion carried and ordered unanimously.

PERMISSION TO APPLY FOR FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANTS, RE: HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant permission to apply to the Florida Department of Environmental Protection for grant funds to help defray the cost of the Household Hazardous Waste Collection Program. Motion carried and ordered unanimously.

APPROVAL OF DONATION, RE: PREHISTORIC WHALE FOSSILS TO BREVARD MUSEUM OF HISTORY AND NATURAL SCIENCE

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve donation of whale fossils excavated from the Sarno Road Landfill property to the permanent collection of the Brevard Museum of History and Natural Science in Cocoa. Motion carried and ordered unanimously.

AGREEMENT WITH DEVONS GLEN HOMEOWNERS ASSOCIATION AND THE SUNTREE PARTNERS, RE: UTILITY ENCROACHMENT FOR WALL IN DEVONS GLEN SUBDIVISION

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreement with Devons Glen Homeowners Association and The Suntree Partners, for encroachment of a wall in Devons Glen Subdivision in the utility easement. Motion carried and ordered unanimously.

AGREEMENTS WITH EMERALD POINTE HOMEOWNERS ASSOCIATION AND SUNTREE PARTNERS, RE: CONSTRUCTION AND MAINTENANCE OF LANDSCAPED BERM ON SUNTREE RECLAIMED WATER STORAGE TANK SITE

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Use Agreements with Emerald Pointe Homeowners Association and The Suntree Partners, for construction and maintenance of a landscaped berm on Suntree Reclaimed Water Storage Tank Site. Motion carried and ordered unanimously.

CHANGE ORDER NO. 8 WITH BUTLER CONSTRUCTION COMPANY, RE: NORTH BREVARD WATER TREATMENT PLANT EXPANSION

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve Change Order No. 8 to Agreement with Butler Construction Company for the North Brevard Water Treatment Plant Expansion, increasing the contract amount by $4,071.31. Motion carried and ordered unanimously.

RESOLUTION, RE: SUPPORTING AQUACULTURE LEASE TO HARBOR BRANCH OCEANOGRAPHIC INSTITUTION, INC. FOR RETRAINING OF DISPLACED FISHERMEN IN CONJUNCTION WITH BREVARD WORKFORCE DEVELOPMENT BOARD

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution supporting issuance of aquaculture lease in the Indian River by the State of Florida for Brevard Workforce Development Board. Motion carried and ordered unanimously.

AGREEMENTS WITH CIRCUIT CONFLICT ATTORNEYS, RE: LEGAL REPRESENTATION OF INDIGENT RESIDENTS IN CONFLICT CRIMINAL, CONFLICT CAPITAL CRIMINAL, AND JUVENILE COURT PROCEEDINGS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreements with Cathleen Clarke, Valerie Brown, Kenneth Studstill, Tony Hernandez, and Judith Kinney as Conflict Criminal Attorneys, and with Arthur J. Kutsche, Alan H. Landman, Craig M. Rappel, Doug Marks, Valerie Brown, Kenneth Studstill, Judith L. Kinney, Sam B. Bardwell, and Robin Lemonidis as Capital Conflict Criminal Attorneys from October 1, 1995 through September 30, 1997. Motion carried and ordered unanimously.

AUTHORIZATION TO EXECUTE CONTRACT RENEWAL WITH VISION SERVICE PLAN, RE: VOLUNTARY PREPAID VISION CARE PROGRAM

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Contract Renewal with Vision Service Plan for extension of the voluntary prepaid vision care program with a two-year rate guarantee. Motion carried and ordered unanimously.

APPROVAL OF REVISIONS, RE: PROPERTY INSURANCE AND WORKERS' COMPENSATION REINSURANCE FOR FY 1995-96

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve changes in insurers and premiums negotiated by broker, A. J. Gallagher & Company, for property and workers' compensation insurance, effective October 1, 1995. Motion carried and ordered unanimously.

PERMISSION TO ISSUE OPEN PURCHASE ORDERS TO APPROVED VENDORS OF RECORD, RE: MATERIALS, SERVICES, AND ORIGINAL EQUIPMENT MANUFACTURERS REPAIR AND PARTS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize the Purchasing Director to issue Open Purchase Orders to approved vendors of record for materials, services, and original equipment manufacturers repair and parts. Motion carried and ordered unanimously.

AGREEMENTS WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, RE: REIMBURSEMENT FOR HURRICANE ERIN EXPENSES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreements with Florida Department of Community Affairs for reimbursement of Hurricane Erin expenses. Motion carried and ordered unanimously.

PERMISSION TO CANCEL LOW QUOTE AND RE-QUOTE, AND AWARD TO QUALIFIED LOW QUOTER, RE: DUCT CLEANING AT MELBOURNE LIBRARY

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to cancel the low quote of Tom Air Conditioning for duct cleaning at Melbourne Library, as the company has lost its license; and authorize re-quote and award to qualified low quoter if less than three are received. Motion carried and ordered unanimously.

AMENDMENT TO LEASE AGREEMENT WITH PROGRESSIVE ACTION SOCIETY, INC., RE: SPACE AT GIBSON COMMUNITY CENTER

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Amendment to Lease Agreement with Progressive Action Society, Inc. for use of Gibson Community Center at $1.00 per year until October 5, 1997. Motion carried and ordered unanimously.

APPROVAL OF BUDGET CHANGE REQUESTS TO ALLOCATE FROM GENERAL FUND CONTINGENCY, RE: MATCHING FUNDS FOR CHILDREN'S CRISIS STABILIZATION SERVICES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve Budget Change Requests allocating matching funds from the General Fund Contingency to the Children's Crisis Stabilization Services. Motion carried and ordered unanimously.

APPROVAL, RE: REVISIONS TO COUNTY'S BUDGET AND FISCAL POLICIES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve revisions to the County's Budget and Fiscal Policies relating to short-term financing and investment practices of the County's surplus funds. Motion carried and ordered unanimously.

APPROVAL, RE: TAX COLLECTOR'S PROPOSED COST FOR ADMINISTRATION OF OCCUPATIONAL LICENSES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve the proposed cost of the Tax Collector for administration of occupational licenses from August 1, 1995 through July 31, 1996 at $195,533. Motion carried and ordered unanimously.

PERMISSION TO PROPERTY APPRAISER, RE: EXTENSION OF 1995 TAX ROLL PRIOR TO COMPLETION OF VALUE ADJUSTMENT BOARD ACTIONS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize extension of the 1995 Tax Roll until completion of the Value Adjustment Board proceedings pursuant to Florida Statutes, Section 197.323. Motion carried and ordered unanimously.

ACCEPTANCE, RE: INVESTMENT ACTIVITY REPORT AS OF JULY 31, 1995 Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to accept the Investment Activity Report as of July 31, 1995. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to appoint and/or reappoint the following:

Community Development Block Grant Advisory Board

Reappoint Johnnie Hardison, 2694 Southover Drive, N.E., Palm Bay, Florida 32905, with term of appointment expiring September 30, 1997.

Reappoint Reverend Edward Buckner, 3703 Brophy Boulevard, Cocoa, Florida 32926, with term of appointment expiring September 30, 1997.

Rotary Park at Suntree Community Committee

Appoint Gwen Heller, 359 Cypress Point Drive, Melbourne, Florida 32940, with term of appointment expiring April 23, 1996.

South Mainland Library Advisory Board

Appoint Marie Bergamini, 7660 Great Bear Lake Drive, Snug Harbor, Florida 32976, replacing Frankie Schott, with term of appointment expiring September 26, 1996.

Valkaria Airport Advisory Board

Appoint John L. Getwiler, 1780 Eva Lane, Malabar, Florida 32950, replacing Phillip Crews, with term of appointment expiring September 26, 1996.

Planning and Zoning Board

Appoint Stephen C. Marcum, 604 Alden Place, Melbourne Beach, Florida 32951, replacing Michael Gooch, with term of appointment expiring September 26, 1996.

Tourist Development Council

Reappoint Nick Telemachos, 3101 N. Hwy. A1A, Melbourne, Florida 32903, with term of appointment expiring October 7, 1999.

Brevard County Commission on the Status of Women

Appoint Kathy Stanton, 1976 Tyler Avenue, Melbourne, Florida 32935, with term of appointment expiring September 26, 1996.

Motion carried and ordered unanimously.

LETTER TO PATRICK AIR FORCE BASE

Commissioner Ellis requested County Manager Tom Jenkins send a letter to Patrick Air Force Base thanking it for its coverage of fire protection and rescue services in the unincorporated area between Cocoa Beach and Patrick Air Force Base.

The Board directed the County Manager to send a letter expressing the appreciation of the Board to Patrick Air Force Base for its participation in enhanced mutual fire protection and rescue services.

PERSONAL APPEARANCE - CINDY EARP AND CARMEN CONTRERAS SHRUM, BREVARD COUNTY COMMISSION ON THE STATUS OF WOMEN, RE: RESOLUTION PROCLAIMING DOMESTIC VIOLENCE AWARENESS DAY

Commissioner Ellis read aloud a resolution proclaiming October 14, 1995, as Domestic Violence Awareness Day; and presented it to Cindy Earp and Carmen Contreras Shrum.

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to adopt Resolution unanimously declaring October 14, 1995, as Domestic Violence Awareness Day in recognition of the dedication and investment of time and effort by the Brevard County Commission on the Status of Women. Motion carried and ordered unanimously.

Cindy Earp and Carmen Contreras Shrum expressed appreciation to the Board for the Resolution and its support.

PERSONAL APPEARANCES - KEITH BURKETT, LESLIE WARD AND NATALIE COUNCIL, RE: RESOLUTION PROCLAIMING NATIONAL 4-H CLUB WEEK

Commissioner Scarborough read aloud a resolution proclaiming October 1 through 7, 1995, as National 4-H Club Week in Brevard County.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution proclaiming October 1 through 7, 1995, as National 4-H Club Week in Brevard County, and encouraging all its citizens to reaffirm their interest in the aims, achievements, and needs of the 4-H Program to help strengthen, and preserve this training ground of democracy in the United States of America. Motion carried and ordered unanimously.

Keith Burkett, Leslie Ward, and Natalie Council presented a cake to the Board in appreciation of its support.

PUBLIC HEARING, RE: ORDINANCE AMENDING BUILDING TECHNICAL CODE TO INCLUDE SURFACE WATER DRAINAGE CRITERIA AND AFTER-THE-FACT FLOOR SLAB VARIANCE PROCEDURES AND PENALTIES FOR VIOLATIONS

Chairman Higgs called for the public hearing to consider ordinance amending Building Technical Code to include surface water drainage criteria and after-the-fact floor slab variance procedures and penalties for violations.

Harry Fuller, 424 Dorset Drive, Cocoa Beach, President of Space Coast Builders Association, stated this issue has been around for a while; he has encouraged the Board to let the citizens work on it longer; and it has done so. He noted the citizens have come up with some good work; it satisfies the industry; they all agreed by consensus; and the program is rolling. He requested the Board grant them another extension to complete this work; it is needed for the industry; it gets a lot of the high cost of engineering off of the single family home; and that is what the County needs to do in this case.

Chairman Higgs inquired does Mr. Fuller support staff's recommendation to continue the public hearing until October 10, 1995. Mr. Fuller responded he supports continuation of the public hearing, but does not believe October 10, 1995 is sufficient time to finalize this. He requested such hearing be continued to October 24, 1995.

There being no objections heard, motion was made by Commissioner Cook, seconded by Commissioner Scarborough, to continue public hearing until October 24, 1995, to consider an ordinance amending the Building Technical Code to include surface water drainage criteria and after-the-fact floor slab variance procedures and penalties for violations. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING FENCE HEIGHT PROVISIONS OF THE ZONING CODE

Chairman Higgs called for the public hearing to consider an ordinance amending fence height provisions of the Zoning Code.

Carol Korwan, 4040 Cushman Drive, Mims, expressed appreciation to the Board for its continued support in this matter.

Commissioner Scarborough requested the motion include that portion of a fence exceeding four feet in height must be non-opaque. He noted someone could either have a non-opaque fence or a four-foot fence.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Ordinance amending Chapter 62, "Land Development Regulations", Code of Ordinances of Brevard County, Florida; amending Article VI Section 62-2109, relating to fence height restrictions; providing for conflicting provisions; providing for severability; and providing an effective date, as amended. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE APPROVING ELEVENTH SMALL SCALE PLAN AMENDMENT OF 1995 (95S.11), AMENDING FUTURE LAND USE MAP SERIES FOR PROPERTY ALONG U.S. 1 IN GRANT

Chairman Higgs called for the public hearing to consider an ordinance approving Eleventh Small Scale Plan Amendment of 1995 (95S.11), amending Future Land Use Map Series for property along U.S. 1 in Grant.

Planner II Mel Scott advised this item is a proposed small scale amendment to change .67 acre, located in the Grant area, from Residential to Mixed Use District (MUD) on the Future Land Use Map.

Chairman Higgs stated the area is both residential and commercial in character as it exists; it is on U.S. 1; much of it is between U.S. 1 and the railroad tracks; and she has no objections to the ordinance.

There being no further comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Ordinance amending Article III, Chapter 62, of the Brevard County Code, entitled "The 1988 Comprehensive Plan", setting forth the Eleventh Small Scale Amendment of 1995 (95S.11) to the Future Land Use Map of the Comprehensive Plan; amending Section 62-501 entitled Contacts of the Plan; specifically amending the Future Land Use Map Series; and provisions which require Amendment to maintain internal consistency with these Amendments; providing legal status; providing a severability clause; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE APPROVING TWELFTH SMALL SCALE PLAN AMENDMENT OF 1995 (95S.12), AMENDING FUTURE LAND USE MAP SERIES FOR PROPERTY NORTH OF PORT ST. JOHN AND KINGS HIGHWAY

Chairman Higgs called for the public hearing to consider an ordinance approving Twelfth Small Scale Plan Amendment of 1995 (95S.12), amending Future Land Use Map Series for property north of Port St. John and Kings Highway.

Planner II Todd Peetz stated this item is a change from Residential to Mixed Use District (MUD) located in Township 23, Range 35, Section 12 on the east side of U.S. 1, across from the Orlando Utilities Commission Power Plant.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Ordinance amending Article III, Chapter 62, of the Brevard County Code, entitled "The 1988 Comprehensive Plan", setting forth the Twelfth Small Scale Amendment of 1995 (95S.12) to the Future Land Use Map of the Comprehensive Plan; amending Section 62-501 entitled Contacts of the Plan; specifically amending the Future Land Use Map Series; and provisions which require Amendment to maintain internal consistency with these Amendments; providing legal status; providing a severability clause; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE APPROVING TENTH SMALL SCALE PLAN AMENDMENT OF 1995 (95S.10), AMENDING FUTURE LAND USE MAP SERIES FOR PROPERTY ALONG U.S. 1 IN GRANT

Chairman Higgs called for the public hearing to consider an ordinance approving Tenth Small Scale Plan Amendment of 1995 (95S.10), amending Future Land Use Map Series for property along U.S. 1 in Grant.

Chairman Higgs stated she has no objections to proceeding with the ordinance in light of the character of the area and the nature of U.S. 1.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Ordinance amending Article III, Chapter 62, of the Brevard County Code, entitled "The 1988 Comprehensive Plan", setting forth the Tenth Small Scale Amendment of 1995 (95S.10) to the Future Land Use Map of the Comprehensive Plan; amending Section 62-501 entitled Contacts of the Plan; specifically amending the Future Land Use Map Series; and provisions which require amendment to maintain internal consistency with these Amendments; providing legal status; providing a severability clause; and providing an effective date. Motion carried and ordered unanimously.

CLARIFICATION OF ENFORCEMENT ACTIONS, RE: 100-FOOT SETBACK IN AU ZONING CLASSIFICATION PERTAINING TO LOUD AND RAUCOUS NOISE FROM TROPICAL BIRDS

Roy Johnston, 4605 Seville Avenue, Cocoa, recommended the Board go with an option that excludes AU property that abuts AU property from the 100-foot setback; stated one of the difficulties is that most of the bird breeders in Brevard County are on one acre or 1 1/2 acres; in most instances, if there is 100-foot setback on 146-foot frontage, there is no room left to run business; and the County needs to make sure that when someone is breeding birds and abutting a residential property, they do not interfere with people and disturb them. He noted the issue is getting more complicated than it needs to be; and requested the Board exclude the 100-foot setback on AU that abuts AU property.

Graydon Corn, 3690 Aurantia Road, Mims, stated the Comprehensive Plan rezoned the Scottsmoor area to residential from agricultural; a lot of people were grandfathered the AU zoning who wanted it; some people probably did not know it was going on; the individuals who came before the small area group did not want residential; and such group unanimously recommended not to change the area to residential. He noted many of the lots were zoned that way but were established in the early 1900's; they are not very large lots; some of his lots are 3/4ths of an acre; he does not intend to raise birds; but the lots would not support a setback from the neighbor who was rezoned to residential, especially on the sides and rears. He recommended Option 1 to eliminate the setback for all AU property.

Commissioner Cook stated the problem is when AU zoning abuts residential property; Option 2 would exempt AU property from the noise restriction setback where the AU property abuts only other AU property; and that is not an unreasonable clarification to this particular thing.

Commissioner Scarborough stated there are areas in his District that have developed as residential and the property still is AU; this is more than a bird issue and is a compatibility issue; and the County needs to let people know that they may have developed a residential subdivision in actuality, but if it is AU property, it is going to be an AU-type environment that they are going to be living in.

Commissioner Ellis stated his concern with Option 2 is what happens if the neighbor decides to rezone to RR-1; they are no longer abutting AU property; and if someone moves next to AU property, they know what they are getting into when they move there. He noted if someone is living on AU property and decides he wants to get even with a neighbor, he can have his property rezoned to RR-1; that would make the AU property in non-compliance; the 100-foot setback cannot be achieved on one acre; and his preference is Option 1.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to approve Option 2, exempting AU property from the noise restriction setback where the AU property abuts only AU property. Motion carried and ordered unanimously.

REJECT CONTRACT AND SETTLEMENT OFFER, RE: VASZARY V. BREVARD COUNTY ON MATHERS BRIDGE PROPERTY

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to reject the contract and settlement offer in Vaszary v. Brevard County relating to the Mathers Bridge Restaurant property. Motion carried and ordered unanimously.

ACCEPTANCE, RE: NORTH BREVARD HOSPITAL DISTRICT ATTORNEY'S REPORT AND RESOLUTION

Harry Jones, 11 Max Brewer Causeway, Titusville, stated his appearance today is prompted by a telephone call from the County Attorney following the Board's last meeting; it was the same day he was about to send out the Resolution which is in the Board's package; and such Resolution was unanimously adopted by the Parrish Medical Center Board the evening before the Commission's last meeting. He noted there has been a lot of concern expressed and misinformation about the Legislation the Hospital passed last session; it came up during the Commission's discussion of its Legislative package for the upcoming session; the Hospital Board does not intend to present any Legislation at this time; and he is present to answer any concerns or questions about the Legislation. Mr. Jones advised the Legislation that was passed in two different places specifically says that anything the Parrish Medical Center Board decides to do that might go beyond the boundaries of the District is only if it serves the public that uses Parrish Medical Center; such Center does not serve the public in Fort Myers and never will; it does not even serve the public in Viera; and that is not what its Legislation permits it to do. He noted the District lines of the Hospital were established 42 years ago when communities like Port St. John and Canaveral Groves did not exist; they certainly exist now; there is a significant amount of patients who look to Parrish Medical Center for their medical needs; and in order to meet those needs, the Center presented that Legislation last session. He stated at the present time, the only project that is in research or discussion is the possible development of a joint medical laboratory with Wuesthoff Hospital; if the research proves to both Hospitals that it is a cost-saving, smart thing to do in terms of health care costs, there will be many public hearings, questions about where that facility might be located, how it would be funded, and whether or not it is in strict compliance with the State Constitution and the Legislation; and everything will be discussed in public. Mr. Jones advised the purpose of the Resolution is to reinforce that assurance to the Commission and the City Council of Titusville which appoints members to the Parrish Medical Center Board; and there will be public notices, advertising, and meetings.

Commissioner Ellis inquired why the Center did not redraw the lines south to include Port St. John and Canaveral Groves. Mr. Jones responded that would be a good option; the Center could certainly present that as an amendment to the Legislative Delegation; and whether or not that is going to raise any unwarranted concerns from the people who live south of the existing District, he does not know. He stated the comparison is like the water that is provided to the Government Center; the County gets its water from the City of Cocoa; the City of Cocoa did not redraw the municipal boundary lines of Cocoa in order to provide the County with water; as a District, the Center can meet the service requirements that the Legislature directs it to meet; and it would not be necessary to redraw the lines to perform its mission. Commissioner Ellis stated Cocoa's Charter does not forbid it from moving services outside the boundary. Mr. Jones stated because of this Legislation, the Center is not forbidden from providing services outside the District lines. Commissioner Ellis inquired was that not the case prior to the Legislation. Mr. Jones responded prior to the Legislation, they were restricted to doing nothing more than operating Hospitals within the District; the Legislation now says that the Center can serve the public that relies on the Hospital, both within and without the District lines, but only that public and not the public at large; and it can include other activities besides hospitals. He noted hospitals these days are becoming the point of last delivery and the point of last choice in the health care system; outpatient and home health is the future of health care; and the County will probably not see one additional hospital bed added to Brevard County ever again. Commissioner Ellis stated he agrees from his discussions with the different hospitals; there could have been a two-part amendment, one to redraw the line and one to abolish the taxing authority; and that would have ended the taxing question. He noted almost all the questions revolve around the reserve fund held by the Hospital and whether that money is going to be used to redo Parrish Hospital or pushed elsewhere; that is where a lot of the concerns have been because of the size of the reserve fund; and inquired has the Hospital Board decided to overhaul the existing Parrish Hospital or is it going to build a new hospital. Mr. Jones responded the Hospital Board has not decided; that research is being conducted right now; it will develop into Board discussion in a public meeting prior to the end of the year or by the first quarter of next year; and that is a very significant decision. He advised he has been directed by the Hospital Board to obtain an opinion from the Attorney General regarding the use of District funds outside the District, although it does not contemplate the need to do that if there is ever an outside activity even established which is far from certain at this point; and it is not going to proceed on that course unless the Attorney General says it is appropriate.

Commissioner O'Brien inquired why it would be impossible to return some of the money to the District itself in the form of a cash rebate. Mr. Jones responded if it is not needed for the mission of the Hospital and if it is legal to do that, that is a good question and deserves an answer; and he does not sit on the Hospital Board and does not vote as a Board member. Commissioner O'Brien responded he understands that; he hopes Mr. Jones can bring that to the Hospital Board; the reserve is over $55 million; in order to spend that money, the Hospital Board wants to expand outside its Hospital District; and inquired would it be better to pay back the taxpayers who built the Hospital in the first place. Mr. Jones advised there is no intention to spend any reserve funds that now exist on extraterritorial activities or facilities; that reserve has been established to build or renovate Parrish Medical Center where it is currently located; and that has been a decision the Hospital Board has already made as the research in terms of expenditure of funds is at that location, not somewhere else and not for other activities somewhere else. He stated the Hospital Board has just committed to reduce that reserve by about $17 million by defeasing its bonds; it had bids yesterday and will have a present value savings of about $3.4 million by being able to use those reserves to defease the bonds; and even with that reduction, the funds that remain available are earmarked for a new facility or renovated facility at the current location and not for facilities or activities anywhere else. Mr. Jones stated if there are enough reserves for the Hospital Board, which the Commission appoints, to do the job of keeping a quality Hospital in North Brevard County, then by all means there could be a rebate; but that Hospital is more than 30 years old; the community deserves to have a first class, state-of-the art hospital; and it is going to take most, if not all, of those reserves to accomplish that. He noted that is the mission of the Hospital Board appointed by the Commission; it is not the mission of the Hospital Board to help the City of Titusville or any other agency with its infrastructure; and it has its own infrastructure to deal with.

Commissioner O'Brien stated that is true; and inquired how can the Hospital afford to reach out beyond its District and start paying for clinics and things like that. Mr. Jones responded it does not intend to; he sits in on no less than four meetings a month in public and numerous meetings with staff in private; there has never been a discussion about establishing clinics of any kind outside the District lines; the only project that is being discussed is a medical laboratory with Wuesthoff Hospital; and that is not a clinic and not something that patients go to. He stated anybody who has said that the Hospital Board has plans to put clinics or other hospitals outside the District is not telling the truth.

Commissioner Scarborough inquired does the County Attorney have any comments or suggestions regarding the Resolution.

County Attorney Scott Knox responded the Resolution is no more than a resolution; it does not bind the Hospital District to do anything, but it decides to change that in the future; and he assumes the Hospital Board acts in good faith and does what it says it is going to do.

Commissioner Scarborough inquired would the County Attorney prefer to see it as a part of the Act itself. Attorney Knox responded he is not saying he prefers one way or the other; but if the Commission wants to make it clear that cannot happen, it is better in the Act. Commissioner Scarborough stated a new Hospital Board could change the Resolution. Mr. Jones stated the general law would require public meeting in any case; and the Resolution is intended to only reinforce what is required. Commissioner Scarborough requested Mr. Jones advise the Hospital Board that the Commission would feel more comfortable if it was incorporated in the Act.

Bea Polk, 101 River Park Boulevard, Titusville, stated the people hear one story and then another one; the whole thing is a bunch of bologna; the Hospital Board told the Legislature that it would never use taxpayers' money; until it was all passed, Mr. Jones agreed to the same thing; but lately he says all of it is taxpayers' money; and inquired where is it going to build anything as it said it was not using taxpayers money. She noted this Resolution is a laugh to the taxpayers; it is a cover up of trying to get the Legislature to redo the Bill that was passed taking taxpayers' money out of the North Brevard District that was paid 38 years by the people there; and it was taken to Port St. John. She stated Port St. John wants such money, but does not want to pay its share; and they were told the District would not be moved. She inquired where is the laboratory going to be built; stated the people have been lied to from the very beginning; and requested the Board tell the public the truth. Ms. Polk stated the Hospital Board is the only Board where people are not allowed to talk at the public hearings; the people have no say so; the Hospital Board refuses to give records; and she does not believe such Board serves the public. She inquired if there is all this money in reserves, were the taxpayers of North Brevard overcharged; and where is the other money coming from. She noted this is one problem that needs to be solved; the County Commission has to solve it some way for the taxpayers; Mr. Jones said the Hospital is not going out of the District with the taxpayers' money; and the County should remove this from Bill 1607 to tell the taxpayers it is going to take of its money. Ms. Polk stated Mr. Jones admits he does not need this kind of Legislation; and inquired why did the Hospital Board get it through with the lies it told.

Commissioner Scarborough stated Mr. Jones did not indicate the Hospital Board would not go out of the District; he said if it went out of the District, it would give a 30-day notice; the public would have a meeting; if it went out of the District, to meet the statutory and constitutional guidelines, it had to benefit the people inside the District; and he also used the analogy to water and the City of Cocoa. He noted the City sells water all over; it makes money off the sale of water; what sprung forth in the analogy was whether they are talking about only going outside the District if it is a profitable venture, and if it is a profitable venture and returns revenue to the people within the District, whether that meets the criteria; and that is just speculation.

Ms. Polk inquired if this is true, why is the County going in with a private Corporation; it could take its money and make the money; and the water is also a taxpayers' issue. She stated the County needs to keep the money in the District where the taxpayers paid it; and 30 days notice does not do anything except approve what the Hospital Board wants.

The Board directed the County Attorney to write a letter to the North Brevard Hospital District inquiring (1) if it would have been simpler to redraw the lines of the District boundary and eliminate the taxing authority, (2) what is the expected date to use the reserve fund to overhaul Parrish Hospital, and (3) how is the word "benefit" defined in terms of benefit to the district. Motion carried and ordered unanimously.

The meeting recessed at 10:12 a.m.

The meeting reconvened at 10:25 a.m.

FINAL REPORT FROM TASK FORCE, RE: DISCHARGE OF FIREARMS

Martin Lamb, 2034 Adams Avenue, Melbourne, Chairman of the Discharge of Firearms Task Force, stated it is an honor and privilege to have been able to serve in this capacity and be involved in some of the things that are going on in Brevard County; and expressed appreciation to the Board in allowing him to participate on the Task Force. He noted the Task Force met in an effort to help with some of the problems that have occurred in the discharge of firearms in several different areas within Brevard County, one being in Grant and Melbourne, and also near Port St. John; these problems have occurred and have caused this Task Force to come into effect to try to solve these problems; and such Task Force was also instructed to look at ways and means that could possibly be approached to solve this problem. He noted the Task Force discussed the problem, how it is occurring and why it is occurring in these different areas; it identified a large part of the problem is in different locations and not just isolated to one area; the encroachment of the residences and development in the areas where people have been going for long periods of time is a part of that problem; and it recognized the importance of this issue. He stated Jack Masson gave the Task Force a very informative talk of the gun range that was at one time in Wickham Park and was closed due to the encroaching development in that area; it was very active and many people in Brevard County enjoyed the gun range; there is not that availability now; and there is a possibility that one could be developed in the Brevard County area. Mr. Lamb stated because of the impact and cost of this particular venture, the Task Force suggested that possibly the gun range would be in Central Brevard so it would be more accessible to the people to the south and the north; and three different gun ranges would not need to be created to service this unique County which is 72 miles long and 18 miles wide. He noted the Task Force also had thought to save some of the impact to the taxpayers and the County, that it would be possible to use existing County-owned property rather than going to purchase new property, and also to have a public/private partnership of some type in the operation or the development of this particular gun range if that would be something that would resolve a portion of the problem. Mr. Lamb stated the Task Force also discussed the homeowners associations, homeowner involvement, and people who are being affected in the particular areas; the homeowners and homeowners associations are doing their best and sincerely putting forth a lot of effort; and the Task Force is hoping the people will continue their efforts. He noted the possibility of barricades was discussed; the problem that existed in Merritt Island was solved partially by homeowner involvement and barricades, fencing, etc.; and Commander Tommy Edwards reported that law enforcement would be more than happy to try and intensify the efforts where the problems are occurring and being reported. He stated law enforcement is attending the Port St. John Homeowners Association meetings to get the best effort they can placed in that area to try to resolve this problem; so the intensified law enforcement would be one of the Task Force's recommendations; and public awareness is a big part of the problem. He noted the Task Force would request the Board speak with Florida TODAY or try to get some type of cooperation to have public awareness issues of what is going on in these different areas, including safety issues and gun safety courses. He stated Maureen Rupe was a member of the Task Force; her letter indicates that there seem to be special interests and conflicts of interest; and requested Ms. Rupe identify those persons and their conflict so they can be held accountable; and she owes the Task Force a written apology unless those individuals and conflicts can be identified.

Arthur Chavonelle, 462 Gerhart Street, S.W., Palm Bay, stated he was appointed to the Task Force as a representative of the Port Malabar Rifle and Pistol Club; his remarks are on behalf of the Club which is a private corporation existing primarily for the benefit of its members; during one of the Task Force meetings, increased accessibility of private clubs to the public was discussed; and he explained that the Club already had a significant involvement with the public, it was not equipped to significantly increase its access to the public, and it did not desire to be publicized as a place for the general public to shoot. He noted the Club conducts a monthly firearms safety course in conjunction with the Palm Bay Police Department which is open to all people who register; the information is available in gun stores; and the Club has been receiving referrals from the Sheriff's Department and other municipal police departments in the area. He noted it has scheduled competitions which are open to non-members under certain circumstances if they are deemed to be qualified; it has special events; the Club is available to the public on a limited basis; it intends to continue this; but it does not desire to be publicized as a place for anybody to come shoot whenever they think they might like to. He stated as far as the safety course is concerned, he has had probationers who had to attend a gun safety course as a condition of their probation or who have adjudication withheld and had to take it; so there are some people sitting on the bench who are aware of these programs and are making this a known requirement.

Maureen Rupe, 7185 Bright Avenue, Port St. John, stated she was a representative of District 1 on the Task Force; she had some objections to the Task Force not being as thorough as she had hoped; the first meeting was talking over the problem; at the second meeting, there was a presentation by Parks and Recreation regarding a gun range in Brevard County; the third meeting was a presentation by the Sheriff's Office which she could not attend; apparently the recommendations were drawn up at this meeting; and she did not think the Task Force was that far along as to having recommendations done on the third meeting after only receiving two presentations. She stated she asked if the Task Force could visit the problem sites, including Port St. John; she wanted to talk to the property owners, the private gun ranges, and clubs in Brevard County; and this was one of the points where she felt there could have been a possible conflict. Ms. Rupe stated she has nothing against gun ranges; but she did not want the Task Force just to be to justify one; she wanted something else to come out of it; and she is very disappointed in the Task Force.

Commissioner Cook inquired what conflict is Ms. Rupe referring to. Ms. Rupe responded when she suggested to the Task Force that the private clubs be made more accessible to the public, the response was an absolute no.

Commissioner Scarborough stated perhaps Ms. Rupe can bring her items and suggestions to the Board that she would like to see incorporated in the report.

Motion by Commissioner Scarborough, to table acceptance of final report from the Firearms Task Force for one month.

Chairman Higgs stated she would not support the motion to table; some of the recommendations can be implemented; but if the entire report is tabled, nothing will be done. She noted she has no problem scheduling the Port St. John homeowners for an appearance before the Board to talk about additional suggestions; but she cannot support tabling the report and not moving on anything.

Commissioner Ellis stated nothing in the report is going to make the situation worse; so the Board might as well move forward with it and accept more information later. Commissioner O'Brien stated a lot of the suggestions made are extremely important.

Motion by Commissioner O'Brien, to accept the report of the Firearms Task Force; direct staff to implement and research the ideas, including Item 6; and report to the Board in 30 days on whether the judges are willing to look at this and implement it at offenders' expense.

Commissioner Cook expressed appreciation to the Task Force for its efforts; stated the recommendations are excellent; he still has a problem with Item 1; he is a very strong supporter of the Second Amendment; the County should encourage private gun ranges to offer safety courses to individuals; and it should be a private endeavor. He noted he would support changing Item 1 to looking for County property that it could sell to a private entity to establish a private gun range; he was range master at the last public gun range in Brevard County which was at Wickham Park; it was used and was in direct competition with privately-owned public gun ranges; and too often government goes into projects like this which seem very good and responsible, but they do not look at the impact on privately-owned public gun ranges. Commissioner Cook stated the County should not be in competition with privately-owned gun ranges in Brevard County; it should not be something that it should even encourage; he certainly encourages private gun ranges; he supports the Second Amendment in its entirety; but having been a range master, a couple of concerns do bother him; one is philosophically; he is not looking to expand government; if this is a County-run gun range, it is going to be in direct competition with privately held gun ranges in the County; and there is no way the County is going to be able to do this without expenditure of taxpayer funds. He noted when any government gets involved, it is going to cost more money than what a private corporation or private individual could do; this is a marketplace issue; the County should let the market dictate that; but he would be willing to look for County property which it could sell to a private entity to establish a public gun range at their expense; and that would be a public purpose.

Chairman Higgs stated Commissioner O'Brien's motion was to direct staff to implement the entire report; but there was no second to the motion.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to accept the report of the Firearms Task Force; and direct the County Manager to provide additional information on the issues brought forth. Motion carried and ordered unanimously.

REQUEST FOR FUNDING, RE: COUNTYWIDE VISIONING PROGRAM

Steve Dickinson, representing Vision 2005 Steering Committee, stated the objective of this project is to create a process that allows all the people of Brevard County to come forth and identify their desires or their vision for Brevard County in the year 2005, and to identify specific and measurable goals, and an action plan on how to achieve that; and it is a grass roots for the citizens of Brevard County to come forth and express what they want Brevard County to be in the future and to identify actions for how they can achieve that and to align the resources of the community in achieving that. He noted the idea was started in 1983, but did not gain any momentum until 1994 when a Planning Committee was formed; such Committee has spent most of this year organizing this particular effort; and there are over 200 people in the community who have volunteered to participate and give their time for this effort. Mr. Dickinson stated the process they are going to use has been designed with the help of a couple of people; this is a custom-design process; the information that comes out of this process can and will be used by the County's Planning Department in its Comprehensive Planning process; and a key critical success factor of this process is community involvement. He noted special committees have been developed to insure there is the involvement needed in the community; there are four types of involvement; one is the initial involvement in the planning of this; and there is a Steering and Planning Committee that has been working on this for approximately one year. He noted the second type of involvement is local facilitators; the process calls for this to be facilitated by local citizens and volunteers; there are 125 people in the community who have volunteered to do this; 88 of them have been trained; and 35 of them signed up to serve on additional committees after the training. He stated the key to this is the citizen meetings; there will be multiple meetings held across the County; it is critical to this process that all citizens be solicited to attend these meetings and express what their desire for Brevard County is in the future; and the fourth area of community involvement is in implementation. Mr. Dickinson stated not only will they get regional data on the dreams and desires of the citizens of Brevard County, but there will be a document that should set forth the community vision for the County, goals, action steps, and what groups or organizations in the community are working towards in order to achieve that. He noted in summary, this is a wonderful opportunity for the community to take a positive step into the future for the next 10 years; it is a good opportunity for government to leverage the resources of the community and participate in a private/public partnership for the benefit of the community; enthusiasm is high; they have not begun to publicize this in the community at all; and there are still over 200 people who have already volunteered to participate. He stated the Steering Committee of Vision 2005 looks forward to a successful relationship and partnership with the County; and it is an exciting and a positive step for the future of Brevard County.

Gayle Cannon, 529 Southern Hills Court, Melbourne, stated this is a marvelous opportunity to have broad-based community involvement; it is just in the beginning stages; and she is looking forward to seeing it move into the 21st century.

Rick Fleming, 2000 S. Washington Avenue, Titusville, President of Titusville Area Chamber of Commerce, encouraged the Board to support the funding for this Program; stated they are looking for a matching-type funding; Brevard County will benefit from this visioning effort; there is an effort to involve anybody who volunteers, and anyone who wants to be a facilitator and is willing to be non-biased and non-judgmental; and their role is not to impose their own interests.

Commissioner Cook stated the idea is great; it is wonderful there are over 200 volunteers to participate; his concern is why everyone comes to the government for funding; if there are 200 individuals willing to volunteer their time, they can do a good visioning process on their own, especially if additional individuals are going to be accepted to help with the process; the County has spent millions of dollars on studies where nothing tangible has been received as a result; and that is his concern. He noted the idea of the visioning is a good one; the Committee has the resources available to it privately and as individuals to do an excellent job in this; and his concern is the County always having to participate financially. He stated he would like to see the facilitator list expanded; it is an excellent idea; but he does not support giving any County funds to this endeavor as there is enough support on a volunteer basis to go forward; the County is always the soft touch; everyone always comes back for funding to the County when a lot of these type programs can be done just as well through private funding and private individuals volunteering their time.

Commissioner Ellis stated when the occupational licensing fee was set, a portion of it was dedicated to economic development; and that is the proper funding source for this rather than General Fund or Planning and Zoning dollars.

Commissioner O'Brien stated visioning has nothing to do with economic development.

Commissioner Scarborough stated he is going to have to have more questions answered; he is still blurry as to what this is accomplishing; and he apologizes, but he just does not know yet.

Commissioner Cook stated his point is not with the concept; he supports the idea; and his problem is with the government portion of the funding.

Commissioner O'Brien stated he has not been well-briefed on the visioning process; the Board did not have the workshop as it should have had; it is being asked to give $15,000; the best thing it can do is to wait and have the workshop on visioning to understand the process so it can determine whether it is a County responsibility to be financially involved or not; and he is being forced to make a decision when he does not have a full education on what is being discussed. He noted he would rather continue the item for a future meeting; and the Chambers of Commerce can come forth and educate the Board on the process.

Commissioner Scarborough stated he has no problem with spending $15,000 to bring people together in the community to give the Board their thoughts as opposed to someone coming from Miami who is going to fly out with his money bags.

Chairman Higgs stated it is a process of bringing all of the people together Countywide to discuss and try to come to some agreement on what are the priorities for the community and what the desire is.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve funding of no more than $15,000 for a Countywide Visioning Program to identify citizen priorities in funding for services and facilities and to support economic development efforts, with such funding coming from the Economic Development Corporation. Motion carried and ordered; Commissioners O'Brien and Cook voted nay.

PERSONAL APPEARANCE - PETE PETERSON, RE: COMPETITIVE BID OF COUNTY'S EMPLOYEE ASSISTANCE PROGRAM

Pete Peterson, 1924 Juro Drive, Palm Bay, stated he is the Principal and Administrator of the Human Resource Health Care Group which is an Employees Assistance Provider in Brevard County; it has offices located in Titusville, Cocoa and Melbourne; and it provides services to the Cities of Melbourne and Palm Bay, and all the way up to the City of Cocoa. He stated for the past four years he has been attempting to try to get the County to put the County's Employee Assistance Program (EAP) out for bid; every time he has approached this matter with either Human Resources, the Risk Manager or former Commissioners, he has been informed that the County is receiving a free EAP from Circles of Care which he knows for a fact is incorrect. He requested the Board consider putting its Employee Assistance Program out for competitive bid to EAP providers in Brevard County.

Commissioner Cook inquired what would be wrong with going out for bid on that; with Human Resources Director Frank Abbate responding the County is not paying for EAP services through Circles of Care. Mr. Abbate stated the County has not paid from the beginning; it is not paying now; next year it does not anticipate to be; and Human Resources has never provided any funding from its health plans for that. He noted with Circles of Care, in the past, the Board has been funding a variety of programs; it provided the EAP Program as an ancillary service; last year when the County went for its Group Health Insurance Program, it bid out the portion of that Program which dealt with mental health services which ended up going to Circles of Care as a provider; and it has been providing that service and will be continuing to provide it next year. Mr. Abbate stated when the Board cut the funding this year on the other contracts with Circles of Care, the County had discussion with it at which time it agreed to what the County already has in the Contract which it bid out last year on the Mental Health Program, which was to continue providing the EAP services at no additional charge; and if the Board would like staff to go out on an RFP, it could do so; but there is no identified funding for that yet. He noted he anticipates that funding would be approximately $60,000 a year. Commissioner Cook stated currently the County gets this free of charge; with Mr. Abbate responding affirmatively.

Mr. Peterson advised there are three types of EAP's, including corporate-based EAP's, independent pure EAP's, and treatment-based EAP's; he was looking at the RFP that came out for the County; it was titled Medical Benefits Administration and Managed Care; the Contract that was with the County and Circles of Care stated that Circles of Care would provide a free EAP at no charge as long as the County provided adequate behavioral benefits; and the RFP says that Circles of Care is the preferred provider. He noted the RFP continues to talk about a cost care company that is the utilization review; and he believes it is connected with Circles of Care.

Mr. Abbate advised Circles of Care and Cost Care are not related and are independent of one another.

Mr. Peterson stated Circles of Care is the preferred provider on the behavioral side of the benefits; it is the EAP which is assessment and referral; his company charges "x" amount of dollars per employee per year, but it does not have a treatment center; it does not have an outpatient program; it refers to the rest of the therapists in the community, whereas with a treatment provider, they refer the majority of their assessments and referrals to their program; and then they access the County's benefits. He noted if the County looks at how its benefits were accessed in the last couple of years, it will see where its free EAP is coming from.

Mr. Abbate stated the Contract being referred to went out through the competitive bid process approximately two years ago; Circles of Care has been providing the EAP service since the early 1980's; it has not been providing the EAP service under this PPO arrangement in which the County gets substantially discounted rates through Circles of Care; that was done through an ancillary contract that Human Services had a variety of services that Circles of Care was providing; and it threw in the EAP Program in the early 1980's as a service among the many other services it was providing to the County.

Jim Whitaker, 2085 Leeward Lane, Merritt Island, President of Circles of Care, stated there were a couple of things said that were incorrect; and he would like to reply to that. He advised Circles of Care has been providing this program to the County free of charge because it has some good County negotiators that put it into the budget a long time ago; Circles of Care was the first EAP Program in the Country to start with the County employees; and he commends the Board for that foresight and would want it continued as an EAP Program, whether it does it with Circles of Care or with someone else, as it is extremely beneficial to the employees. He noted it has been cost-effective; the vast majority of people that Circles of Care sees in EAP are never referred anywhere; and the problem is taken care of in those three visits that are covered there, thus not accessing the insurance, not costing time away from the job, and saving the County untold amounts of money. Mr. Whitaker stated in the last two years, the County's cost of mental health care has decreased; and the vast majority of referrals that Circles of Care does make, when you take into account the EAP visits and the other referrals, are not to it; they are to other people and other professionals in the community; any free-standing EAP that Mr. Peterson represents, when they find someone, they have to refer them somewhere for treatment; in many cases, some of those have been out of the County; and Circles of Care has been working hard to keep the employees and people treated in the County. He noted Circles of Care will work with the County in any way possible; this is the first time he has ever appeared before the Board and asked to do anything for free and continue to provide that for free; it intends to do that as long as it is in operation and can be of benefit to the County whether it has the PPO or not; and it does not make any sense if you have an EAP and have no mental health benefits. Mr. Whitaker stated Circles of Care has no problem being in the competitive bid process; it has been in it before; and it would be delighted to work with the County in any way.

The Board directed the Human Resources Director to provide additional information to the Board on how the Employee Assistance Program is handled, the dollar amounts on benefits to the County over the last couple of years, and the history of the County's expenditures in the mental health arena.

DISCUSSION, RE: AGREEMENT WITH SERENE HARBOR

Assistant County Manager Joan Madden stated CDBG brought a plan in approximately one month ago which included funding Serene Harbor at $140,000 for the purchase of property for the use of a domestic violence shelter; it was to be funded with CDBG funds; and the Board expressed some concerns and requested staff to meet with Serene Harbor to see if a contract could be worked out which meant several different items, including deed restrictions, program assurances, possible matching dollars, and reverter clauses. She noted staff did that and took the contract back to the CDBG Advisory Board on September 14, 1995; the CDBG Advisory Board declined to send that forward as a recommended funding; staff has come to the Board with three options and added a fourth yesterday; the first option is to uphold the CDBG Advisory Board's recommendation to decline funding; the second option is CDBG could fund lease payments over a period of 12 months at a time; the third option includes preparation of an agreement to fund a down payment; yesterday she forwarded to everyone the draft agreement which the CDBG Board declined to send forward as a recommended option; and such document contains those items she enumerated earlier.

Mischel Ostovich, 450 DeSoto Parkway, Satellite Beach, stated there is a great need for an abuse shelter in South Brevard; she does volunteer work and is on the Board of Directors of the South Brevard Women's Center; a great majority of its calls are regarding abuse and where can the women go to get away from the abuser; and Serene Harbor has become that safe haven for women and their children. She noted Serene Harbor has never turned a woman and her children away; if it has to put them in a hotel, it has never made a woman stay in an abusive situation; this is a necessary haven; the funding is needed desperately; and pleaded with the Board to grant Serene Harbor the funding.

Grace Shannon, 703 E. New Haven Avenue, Melbourne, stated having a friend who went to Serene Harbor for help has enlightened her awareness of the situation; her friend was abused, battered, knocked down, turned around, pulled apart and put back together; Serene Harbor helped her and gave her counseling; and she is back on her feet again and working. She noted bruises have healed, her heart is still hurt and her insides are still damaged; physically and emotionally it has drained her; Brevard County needs a shelter and help that the community can give; it is for the children of the parent who is being abused; society is based on the youth; and without the youth, there is no society. She advised there are a lot of drug and alcohol problems, and problems with children as far as knowing who they are and what they want; a lot of it is related to domestic violence; society needs to address this; and help is needed to keep Serene Harbor afloat and moving about with a positive atmosphere.

Betsy Dickson, 38 Marina Isles Boulevard, Indian Harbour Beach, President of Serene Harbor, stated she has talked to the Board before about this shelter; Serene Harbor is providing a very valuable service to the County; the first year it was open, it sheltered 97 women and children; this year, by September 15, 1995, it had sheltered 149 women and children; and Preston Silvernail told her the other day that there was a minimum of 10 arrests based on domestic violence in Brevard County a day. She noted there is a serious problem; having the shelter does not necessarily stop the violence immediately; but the counseling and education it provides can eventually do something to slow this tremendous problem. Ms. Dickson stated she personally has sacrificed to a tremendous degree in a financial way to start the shelter and keep it going; hundreds and hundreds of other people have done so; before Serene Harbor moved into this new facility, which it is asking the County to fund, it had over 2,200 hours of volunteer work donated; her 17-year old daughter gave up her entire Spring vacation and worked 12 hours a day as a construction worker to see to it that the work was done; she contributes over 20 hours a week working for the shelter; and when they were preparing to move in the new place, she would work her regular job and lay sod, clean out attics, paint, scrape, hammer, saw, and lay tile until midnight; she has sacrificed; and so have hundreds and hundreds of other people, giving their money. She stated the community is behind this shelter because it is an important issue; Serene Harbor is providing a service for Brevard County; the constituents need this facility; something is needed to stop the violence in the County; and Serene Harbor is making a strong difference.

Diane Dixon, 1201 Indian River Drive, Cocoa, Executive Director of Serene Harbor, stated there was concern that a precedent would be set by the County in purchasing a building and this land for Serene Harbor; the precedent has already been set, if not by this Board, by its predecessors; other buildings and land have been bought; and other buildings have been constructed with CDBG funds. She noted another concern raised was that this might bring a lot of other non-profit agencies knocking at the County's door; there already are non-profit agencies knocking at its door; the guidelines of the CDBG funding are quite strict about who is eligible to receive these funds, how these funds can be expended, and the populations of people that they are to benefit; the County has safety in that because the guidelines would prohibit much of the agencies that would be coming to it; and the only agencies coming to it with eligible populations of people would be those it would need to consider for funding. Ms. Dixon stated the community has asked for years to have services brought to South Brevard; Serene Harbor is located in South Brevard, but it serves the entire County; it has a unique opportunity to provide this service for the community; and it is requesting the Board help it. She noted Serene Harbor has worked long and hard to come to the place where it is today; and it needs the Board's help and support.

Chairman Higgs inquired how much has been raised by Serene Harbor outside of any money that might come from government. Ms. Dixon responded last year its budget was $99,000; and all but $3,000 of it came from the community and civic organizations.

Micah Savell, 1370 Sarno Road, Melbourne, stated last week during the budget hearings he came before the Board and told it he believed the County had a severe imbalance between the various needs the County is funding; he has targeted what the basic human needs are that the County is participating in the funding; those items listed in red are those that involve people; those in green are environmental issues for the birds, rats, snakes and other endangered and threatened species; and he would like to encourage the Board to support the spouse abuse center to its fullest as well as the other needs the County has. He noted that drives home the point of where the dollars are being spent.

Commissioner Cook stated Serene Harbor is a wonderful program; he does not believe anyone denies that; the questions and concerns the Board had before were legitimate; and his concern is that the CDBG Advisory Board voted unanimously to decline the funding to Serene Harbor. He noted he is concerned about buying the property outright or leasing it for $1.00 a year or whatever; there are a lot of needs in the community; there are also a lot of fine programs; this is one of them; but his concern is the recommendation from the Advisory Board not to fund Serene Harbor. He stated he would like to see the County do something for Serene Harbor; he would support the County funding the lease payments for 12 months to allow Serene Harbor to continue, and within that time limit, to look at other grants, funding or mechanisms that could be used to either purchase the facility or consider some other options.

Motion by Commissioner Cook, to approve funding from CDBG for 12 months to Serene Harbor; and in the interim, staff and Serene Harbor investigate if there are other funding mechanisms that can meet the requirements.

Chairman Higgs stated the motion by the CDBG Board was that it does not partake in the purchase of real estate for non-profits as a policy; that motion passed; and it was not the funds for Serene Harbor. Commissioner Cook stated the Advisory Board's concern is purchasing something for non-profit which is not its policy; he would prefer to pay the lease payments for 12 months; and see if there are other ways to look at this or other funding mechanisms because it is not the policy of the CDBG Board to use those funds for that.

Commissioner Ellis stated of the other six properties that CDBG has purchased, four are in target areas, and four are adjacent to target areas; his concern when this first came up was using capital funds for the CDBG target areas outside the target area, and to pay for the entire facility lock, stock and barrel; he believes there will be other non-profits that will show up and request the County buy their building; what he suggested at a previous meeting was if the County paid 20% of the cost, it would be $28,000; and that would fund a down payment. He noted Serene Harbor would continue to pay for the facility on its own with a mortgage; he feels more comfortable with a down payment assistance; it goes back to the housing program; he can understanding helping people make a down payment; but when you buy the entire facility for them, then is everyone going to come in and ask for that; and that is his biggest concern here.

Commissioner O'Brien stated spouse abuse is a violent crime; it is the fastest growing and largest problem in the County; it is unbelievable; he is a supporter of Serene Harbor; and it gives a wife a place to run and seek protection. He noted he received over 30 telephone calls in favor of full funding; a down payment sounds good for Serene Harbor to be able to fund the mortgage of $140,000 across 15 years; the bank would not give it a mortgage; and it would put a serious strain on its funds as a startup organization at this time which would impinge on its ability to help these families who have to go there for protection from violence. He noted he supports Commissioner Cook's motion; and Serene Harbor can be put on notice that next year it needs to get its financing straightened out. Commissioner Scarborough stated he likes Commissioner Ellis' idea better. Commissioner Cook suggested the Board give Serene Harbor a 25% down payment on the $140,000.

Discussion ensued on possible funding proposals for Serene Harbor.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct the Housing and Human Services Director to coordinate a meeting to include Chairman Nancy Higgs, County Attorney Scott Knox, Assistant County Manager for Community Services Joan Madden, the Chairman of the CDBG Board, and representatives of Serene Harbor to work out alternatives for financing the Serene Harbor shelter, and report to the Board as soon as possible. Motion carried and ordered unanimously.

The meeting recessed at 12:31 p.m.

The meeting reconvened at 1:34 p.m.

PERSONAL APPEARANCE - ANTHONY HARTMAN, RE: CONDUCT OF BREVARD COUNTY OFFICIALS AND STAFF

Motion by Commissioner Ellis, seconded by Commissioner Cook, to handle the Personal Appearance of Anthony Hartman earlier on the agenda. Motion carried and ordered unanimously.

Ann Murdock read a letter on behalf of Anthony Hartman addressed to the Board as follows: "To the Brevard County Commissioners, Mr. Jenkins, and County Attorney. It is Mr. Hartman's opinion, anyone lying and sending false statements in bad faith and with malice is a disgrace to the property owners of Brevard County. You all may or may not agree to this statement of Mr. Hartman because of being part of this injustice. Mr. Hartman resents the officials of Brevard lying and sending false statements to Mr. Hartman in bad faith and with malice to harass, badger and destroy Mr. Hartman's reputation and credibility to protect his person and property. Mr. Hartman stands on the truth and on his original statement, the Avatar's retention pond was approved by the Brevard County Engineering Department, knowing that the pond was not in compliance with the permitted plans, the 15-foot maintenance strip was missing, and that the pond was starting on the abutter's property line of Mr. Hartman. Mr. Jenkins denied Mr. Hartman a hearing in May of 1990 as per Mr. Hartman's request dated May 16, 1990. Mr. Jenkins' cover up caused County Attorney Guthrie to send Mr. Hartman a false statement in bad faith and with malice stating that the Avatar's retention pond was in compliance with the permitted plans which is or was a lie on May 16, 1990. A copy of the letter of the St. John's River Water Management District dated May 24, 1990 sent to Avatar Property, Inc. proves the truth of Mr. Hartman's statements the pond was not in compliance with the permitted plans as drawn by Bussen, Mayer Engineering Group and approved by Brevard County that the 15- foot maintenance strip was missing. A copy of the letter from the St. Johns River Water Management District dated May 24, 1990 was sent to County Attorney Guthrie; it is a true statement by Mr. Hartman and is a statement of fact that Mr. Guthrie received a copy of this letter. To prove the truth of Mr. Hartman's statement is a letter from Mr. Guthrie stating Mr. Guthrie received this letter in May or June of 1990. The date of this letter is October 1, 1992. Subsequent to my letter to you, I did receive a copy of the May 24, 1990 letter from Janice Unger, Compliance Coordinator for the St. Johns River Water Management District. The County Attorney's Office and Mr. Jenkins Office are using devious tricks and lies to circumvent the truth. The truth is Mr. Hartman never sent a copy of this letter to the County Attorney's Office. Mr. Hartman received his copy about the same time in 1990 as Mr. Guthrie did. Mr. Hartman knew the truth in 1990 that the pond was built without the 15-foot maintenance strip. All the lies of Mr. Jenkins and his cohorts cannot change the truth. Mr. Knox, County Attorney's letter dated November 28, 1994, may or may not be false and in bad faith and with malice if Lots 20 and 21 are 100 feet in depth. When Mr. Hartman wrote to the Brevard County Attorney Knox, Mr. Hartman presumed Mr. Knox would tell the truth. His letter clearly states that the lots are 100 feet in depth. When Mr. Hartman tried to claim the 8 feet he is missing, the facts change. Then the letter dated November 24, 1994. Dear Mr. Jenkins. Tom Jenkins, the hearing of November 21, 1994 proves you will not tell the truth. Mr. Jenkins, you implied by letters that the persons you named in your letter had inspected the Avatar's retention pond about May 16, 1990. This is a perfectly apparently a con deal you are using on honest, decent citizens that files for a hearing before the Brevard County Commissioners. Mr. Hartman's letter for the hearing was dated May 16, 1990. At the hearing, November 21, 1994, all the persons were requested to sign a paper asking this question. Did you inspect the Avatar's retention pond? Yes or no. If yes, give month, date, year. They all refused to sign the paper which implies that they never inspected the pond and did not act on Mr. Hartman's complaint in May of 1990. Apparently, Mr. Hartman was the only person to inspect the retention pond and prove it was not in compliance with the permitted plans. Mr. Hartman was the only person to take an active part to have the pond corrected and to have the pond located as per the permitted plans show. Mr. Jenkins and his staff personnel could not prove or give any evidence to prove Mr. Hartman's statements were not the truth. Mr. Hartman's evidence was axiomatic to the cover up of Mr. Jenkins and proves Mr. Hartman should have had the hearing as per his letter of May 16, 1990. Mr. Jenkins refused Mr. Hartman the hearing in May of 1990 and denied Mr. Hartman his constitutional rights to protect himself and his property from illegal acts. Mr. Jenkins, you are a disgrace to the position of the County Administrator, the property owners of Brevard County. Mr. Jenkins, you set a poor example for the employees of Brevard County. Mr. Jenkins, you are putting lying and cover up first and your only duties you apparently do is not believe in justice for your senior citizens. When Mr. Hartman wrote for the hearing May 16, 1990, did anyone else know that the pond would ever be corrected. And at this time, under the First Amendment, Mr. Hartman should have had the hearing. When Mr. Hartman wrote the letter May 16, 1990, Mr. Hartman had no way of knowing he would be lucky to obtain the services and help of one honest and dedicated inspector Mr. Carr. Through the efforts of Mr. Carr and Mr. Hartman, the retention pond was corrected and located as per permitted plans drawn and presented to Brevard County by Bussen, Mayer Engineering Group."

Mr. Hartman read a letter from Mr. Washburn as follows: "Dear Mr. Hartman. This is in response to your letter dated October 22, 1992. I have discussed this situation with our Engineering Department staff and have been advised that although the retention pond was originally constructed without the 15-foot maintenance area, it was subsequently corrected by the contractor. The engineer of record, Joe Mayer, P.E., also stated that the pond is now constructed according to plan, including the 15-foot maintenance area." Mr. Hartman stated he cannot understand why he received so much trouble trying to get the truth out; it is a disgrace to people that they cannot use their property because they can never be told the truth; and it is very important for the County to do its job properly.

Commissioner Ellis stated the County went through the issue with the Property Appraiser about the size of the lot being a parallelogram and not a rectangle; you do not measure the way the Property Appraiser measures it; the answer the County received back was that is probably correct; but it will not change the overall evaluation; and the County does not set the value.

County Manager Tom Jenkins stated staff's recollection of the facts and circumstances is significantly different than Mr. Hartman's; Mr. Hartman had a prior hearing before the Board; he had ample opportunity several years ago to make whatever request he had; and he failed to do so at that time. He noted the second issue deals with the retention pond adjacent to Mr. Hartman's property located in South Brevard; this project was signed and sealed by a registered professional engineer Joe Mayer; and Mr. Mayer is legally and ethically responsible for the design and integrity of such pond. He advised there was a meeting with County staff approximately six months ago; he invited Sue Hann and Ralph Brescia; the events described to him by Ms. Hann were that an error occurred in the construction of the retention pond in that the slope did not meet the requirements that should have been in the initial slope design; when that problem was identified, the contractor was told to correct it; and the problem was corrected five years ago. Mr. Jenkins stated Mr. Hartman has written the County on numerous occasions over the past five years trying to suggest that there has been a coverup when, in reality, every time Mr. Hartman has asked a question, he has gone to the Engineering Department and asked it to describe what has occurred; and the letter Mr. Washburn sent is very similar to what he has sent to Mr. Hartman on several prior occasions. He noted he does not know what the County has covered up; if Mr. Hartman is looking for some acknowledgement that the engineering inspector did not catch the slope construction error, the inspector does not recall how it came to his attention that the error occurred; but the most significant thing was that the error in the construction was corrected five years ago when it was brought to their attention. He stated this was not something that was completed, left and they came back to; this was during the construction phase; when it was being constructed, the error was detected; they required the contractor to change it; and that has been communicated to Mr. Hartman on numerous occasions. Mr. Jenkins stated subsequent to that, Mr. Hartman got into a dispute with the Property Appraiser over the assessed value of his property; County staff attempted to get Mr. Hartman referred to the Property Appraiser's Office; it sent him the application so he could appeal before the Value Adjustment Board; and staff has spent more time trying to address Mr. Hartman's concerns than it has on the other 300 citizens in Brevard County. He noted it is somewhat baffling for Mr. Hartman to make such wild, outlandish claims when he and staff have attempted to answer his questions every time he has asked them.

DISCUSSION, RE: EMERGENCY INJUNCTION TO PREVENT USE OF HOME AND SEPTIC SYSTEM OF CLOVIS LOPEZ

Patricia Heard, 757 Fairhaven Street, Palm Bay, stated this house is huge; she has not heard from Mercedes Homes; Mr. Wright is the only person who has helped her so far; she is happy with her well; she does not have a lot of money to hook up and lives from paycheck to paycheck; and she is tired of being pushed around. She noted Mercedes Homes falsified the plans; her well is her drinking well; the well has been there for 15 years; they are telling her now that they will move her well; and Mercedes Homes can move the septic tank.

Harry Fuller, 424 Dorset Drive, Cocoa, stated he does not know all the details of this case; but there is a problem in the County in dealing with septic tanks and wells; whether the builder knew there was a drinking well or not, who knows; builders rely on the best information they can get at the time; and there is no adequate way for anyone to know or get accurate information on other property. He noted it is a bad situation; it is worse than the drainage problem in the County; and there is still no way for a builder who is building next door to a house that has a well to know what the facts are.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to authorize staff to move for an emergency injunction to prevent use of the home and septic system owned by Mr. Clovis Lopez, 749 Fairhaven Street, N.E., Palm Bay. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: SUBSTANTIAL DEVIATION DETERMINATION, RESOLUTION, AND AMENDED DEVELOPMENT ORDER AGREEMENT FOR GREAT OUTDOORS DEVELOPMENT OF REGIONAL IMPACT (DRI)

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to grant permission to advertise public hearing for October 24, 1995 to consider a substantial deviation determination, resolution, and amended development order agreement for Great Outdoors Development of Regional Impact (DRI). Motion carried and ordered unanimously.

NOTIFICATION TO SCRUB LANDOWNERS, RE: SCRUB CONSERVATION AND DEVELOPMENT PLAN

Micah Savell, 1370 Sarno Road, Melbourne, stated he is glad to see that after three years the County is moving forward to notify the people who are going to be affected with this proposed Scrub Conservation and Development Plan; they are the ones who are going to end up carrying the bulk of the burden; it is important as this message goes out that the people not only be given an overview, but some particular details as it relates to the different types of properties that are going to be involved between the core, the alternate and the other properties that are not going to be possibly affected. He noted yesterday he contacted Tami Townsend to try to make sure he was clear on his thinking; the Plan and some of the criteria keep changing; and the people are having to react to the changes that are consistently being made and filtered down. He stated he requested Ms. Townsend be clear to the Board on how those people who are not in the core or alternate area might be affected by the other properties; properties in Fellsmere are not being brought in as part of this Plan; they are not going to have the possibilities of liens put on them; and Ms. Townsend advised him some of the ground rules and modifications were changing. Mr. Savell stated he is curious to know who is being affected as the numbers keep changing; and submitted a view graph to the Board, including items in green which show people requirements and needs that are presently being funded by the County which totals $654,000. He noted the $722,000 figure is the initial cost to house a pair of birds on the beachside property; and that is more than the County is spending on all the human needs. He noted the $107,000 figure is the tax bite on the 145 acres that the County is purchasing; Property Appraiser Jim Ford told him that based on an estimate, the tax shortfall would amount to approximately $1,800,000; the $940,000 figure represents what the various maintenance and fees are on the present projection at $200 an acre; he was told this morning it could be as low as $100; and that is three times the amount of money that is being spent on an annual basis on needs for the people. Mr. Savell inquired if someone is in the core area, do they have limited or no use of their land; stated it is his understanding individuals can still petition U.S. Fish and Wildlife Service to use it; and the alternate area which is contiguous to the core, is going to have the estimated $5,330 per acre that people could mitigate or pay in order to join, participate in the Plan and use their funds, provided they then contribute $200 a year on an annual basis for maintenance. He stated the message needs to be clear; he has studied this; there are some areas he may not be clear on; the rules are changing; and the County needs to be sure the average homeowner understands when he picks up that piece of paper and reads it that there is something significant about to happen to him. He noted he would appreciate it if the County would make sure there is a clear message sent out; and the 200-page document has some contradictions that do not make the executive summary absolute.

Harry Fuller, 424 Dorset Drive, Cocoa Beach, representing Space Coast Builders Association, stated he is delighted that public notification is going out; if the County is going to do a public service, it needs to put more detail in its letters; and the point needs to be made to individuals strong and hard. He noted he is not sure the Committee as it sits will be totally open; if the County wants the other side told, it needs to get organizations that are opposed to the Plan to tell the other half of what the public should be knowing; and that way there is a balance of what is being delivered to the community.

Norma Savell, 3500 S. Courtenay, Merritt Island, President of Citizens for Constitutional Property Rights, stated she did not ask the members to leave their jobs today to appear against the SCDP; what is happening is that as objections are raised, the Committee scurries to make changes; then when the facts as previously stated are brought up, the comment is made that is outdated information to discredit those who genuinely disagree; and these facts are hard to hold onto. She noted the members wait to hear the final embellishments from the Committee; but no matter what the County does to make the Plan sound wonderful, it is still just lust for property that belongs to someone else. She noted it is now said that only 8,600 parcels are involved; and inquired then why was CCPR charged for a list of over 26,000 entitled Brevard County Scrub Jay Habitat and Occupancy List; and stated if this list is excessive, then they want their money back. She inquired if someone will give them a signed letter saying that no more citizens than the 8,600 will be affected for sure. Ms. Savell stated as the Board decides on the content of the letter to be sent to those who are the unsuspecting volunteers, they ask it to do the right thing and tell the unvarnished truth; and this matter is going to follow and haunt it if it makes unjust decisions. She requested the Board make the advertised hearing a Board meeting and not an informational one led by those who would push the Plan on unknowing Brevardians; stated the Board will be responsible for this action if it approves the SCDP; therefore, it owes it to the citizens to have them contact the Commissioners, not DNR; and DNR helped formulate the plan from the beginning and cannot help but be biased. She read a suggested letter as follows: "To Brevard County Property Owners. Brevard County is contacting scrub land owners to advise them of a proposed Scrub Conservation and Development Plan (SCDP) developed by a Citizens Steering Committee. This SCDP was developed because an environmental organization threatened the U.S. Fish and Wildlife which in turn threatened Brevard County government with a lawsuit. County maps developed during the SCDP planning process indicate your property falls within the scrub habitat area. The purpose of this plan is to: (1) Notify those in the core area of their inability to use their property whatsoever. This property will be purchased by the County as volunteers (2) or (3.B.) pay for their permits. (2) Notify those in the adjoining areas of an alternative development permitting process whereby they may voluntarily pay $5,330 or current figure plus the $200 per year for 30 years. A lien will be placed on the property; however, after paying the initial sum, the owners name could be placed in a lottery. It may not be drawn. If not, a lien would be placed on the property, a cloud would cover the title, and there would be no possibility for property use. Instead, the owner could opt to apply directly to U.S. Fish and Wildlife for a permit which would be hopeless. (3.A.) Notify those property owners of land under two acres that they will pay nothing and their property will be released for development as other citizens (2) and (3.B) pay for their permits. No lien will be placed on the 3.A. property. (3.B) If the property is over two acres in size, owners may voluntarily join the SCDP as outlined from Group 2 or may hopelessly apply directly to U.S. Fish and Wildlife for a permit. Acres within Brevard County containing scrub habitat may or may not be inhabited by endangered and threatened animal and plant species. These species are potentially protected by the Federal Endangered Species Act which is enforced by the U.S. Fish and Wildlife Service. Currently the USFWS requires property owners with scrub habitat to apply for a federal permit prior to developing their land to determine if the proposed development could adversely affect endangered or threatened species. The SCDP provides a mechanism for scrub property owners to voluntarily participate in a program which would buy and preserve scrub property in the County so that other scrub property could be developed. The program would use a funding mechanism known as a municipal service benefit unit. Property owners (2) and (3.B.) would eliminate the need to obtain individual federal permits to develop their property as they would be included in the County's permit. $90 million is the estimated cost of the SCDP and maintenance will be expensive. This is a major project for Brevard County. All citizens will be required to contribute to make up the lost tax revenue. To obtain additional information regarding the SCDP, contact your County Commissioner please instead of DNR."

Chairman Higgs stated the Steering Committee continues to meet and talk about issues that are being brought up about the plan; to her knowledge, there are no major changes that have been incorporated at this point beyond the draft plan; as things are brought up, they are always brought up in a public meeting and are on public record; and if there are things the County missed, it would continue to work on the plan. She noted Fellsmere itself is in Indian River County.

Commissioner Ellis stated the quad map is actually looking at Fellsmere in Indian River County; with Chairman Higgs responding no, it actually looks at Brevard County; and someone called it Fellsmere, but it is not Fellsmere. Commissioner Ellis noted this is the southern end of the County on the west side of Babcock Street. Environmental Specialist Tami Townsend responded they are talking about the Fellsmere northwest quad which includes a majority of Palm Bay which is in single-family lots, quarter-acre or less; and there are 52 families of jays marked on the maps. Chairman Higgs stated the County should change that name as it has caused confusion.

Ms. Townsend stated the core area would not be allowed to develop; that would be the area the SCDP would want to acquire at fair market value; the alternative areas identified on the map and the areas of scrub outside the reserve design would be allowed to develop that land at $5,330 per acre; and the Scrub Conservation Development Plan Steering Committee has decided to exclude single-family lots less than two acres from the Plan. She noted that is where the Fellsmere northwest comes into play; there are 52 families of jays documented in that area; the SCDP is not going to include that land in the reserve design; and that would be released with the Plan.

Chairman Higgs requested Ms. Townsend answer the question in regard to the number of parcels on the list. Ms. Townsend responded after the August 28, 1995 workshop, she went back to the Geographic Information Group and asked it to give her parcels information; in the scrub jay occupancy data set, originally in January, 1995, there was a mailing list created that had all affected landowners who could be affected under the Endangered Species Act; when looking at the maps, there are occupancy polygons for scrub jays; there are approximately 26,000 parcels; and within the four reserve designs for the scrub conservation and development plan, there are 8,600 parcels of scrub habitat in the County. She noted in a prior Board meeting, Mr. O'Connell mentioned 5,100 property owners; and that is where the numbers came from.

Chairman Higgs stated there are currently 8,600 scrub parcels; with Ms. Townsend responding that is what she received from the Geographic Information Group. Chairman Higgs noted 8,600 is the number of people who would be directly affected by the SCDP on property they own; with Ms. Townsend responding it is 8,600 parcels, not people. Commissioner Ellis stated that is not quite correct; and it is 8,600 parcels of people who have scrub. Ms. Townsend stated that is assuming there could be duplication in ownerships; and one person could own more than one parcel of scrub. Commissioner Ellis stated if someone's parcel is not on this list of 8,600, then they do not have to mess with U. S. Fish and Wildlife; and that means they do not have scrub habitat. Ms. Townsend responded that is incorrect as the 8,600 does not include two acres and less. Commissioner Ellis stated the County has never clearly heard from U.S. Fish and Wildlife that two acres and less was exempt; and the first line of this letter says, "Brevard County is contacting all potential scrub landowners." He noted "all" should mean "all." Ms. Townsend stated the County does not have that information or the map of the scrub habitat that exists; that is why she had a list developed of 26,000 people because they were potentially affected by scrub jay areas. Commissioner Ellis noted that would seem to be the list the County should mail. Chairman Higgs inquired has U.S. Fish and Wildlife given the County a position in writing on the two acres or less; with Ms. Townsend responding no. Chairman Higgs stated in regard to existing parcels, she does not believe Fish and Wildlife has given the County anything in writing.

Assistant County Manager Stephen Peffer stated property owners within the core can develop that property, but they will not be able to use the HCDP process to obtain a permit to do that; they will need to work independently; it is the objective of the HCDP to acquire that property as part of the plan; but those property owners who do not wish to will still be able to deal with the Fish and Wildlife Service on their own. He noted it would be inaccurate to say they cannot develop; and they just need to work out their own permit.

Commissioner Cook stated people who are in the core area will not participate or they will have to go through U.S. Fish and Wildlife. Mr. Peffer responded the property within the core area is designated for preservation; the HCDP is not designed to allow them to develop that property; if they wish to develop, they would not be able to get a permit from the HCDP process because it is trying to preserve that; but individuals can elect not to participate and deal with Fish and Wildlife Service directly. He noted what that means is they will have to work out their own individual HCDP with Fish and Wildlife; it is done on an individual permit basis; and they would not be brought into the County's permit. Commissioner Cook stated people in the core area who want to develop their property would not be eligible to participate in the scrub jay habitat plan, and they would have to deal directly with Fish and Wildlife; with Mr. Peffer responding that is correct.

Chairman Higgs stated individuals would be participating in the HCP, but they would not be in the process to get a building permit; and they would be part of the purchased property. Ms. Townsend replied that is correct.

Chairman Higgs stated the question before the Board today is in regard to the content of the letter and the number it will be mailed to; there are three drafts now; to send a letter and not give people some informational meetings at which they can get their questions extensively answered and hear both sides would be a problem; the Plan is complicated; and the County needs to set up some opportunities for people to get questions answered in an organized manner.

Commissioner Ellis stated there are costs estimated at $5,100 a year; and he thought it was $200 per year for 20 years. Ms. Townsend responded $5,330 per acre is the estimate at this time; and on Thursday, the Steering Committee discussed changing the $200 per acre per year for management to $100 per acre per year. Commissioner Ellis inquired for how many years; with Ms. Townsend responding it is for the term of the permit which is 30 years. Commissioner Ellis stated the County needs to have something that if individuals participate in the plan, that they understand there will be a lien placed on the property.

Ms. Townsend stated the Steering Committee also discussed coming up with some kind of an endowment for the management fee; and it is still in discussion where someone could pay so much money upfront and not have that lien put on their property.

Chairman Higgs stated for those who choose to participate, an assessment and a lien will be placed on their property; with Commissioner Ellis responding that would be fine. Commissioner Cook noted he has no problem with the Chairman signing the letter or the County Manager; the first letter is not bad; and there are a couple of things that need to be emphasized in the letter. He noted it is important to emphasize that this plan is in draft form and has not been adopted by the Board.

Commissioner O'Brien stated the County has to recognize this is only a draft; it is talking about this document like it is a final one; perhaps there could be a one-hour public debate on facts, figures, the truth, and everything else; there are a lot of statements being made which may or may not be true from both sides of the issue; he is still in search of what is accurate; and today the Board finally received some accurate numbers that made sense to him. He noted using television as a medium, it is very important modern technology; people have VCR's; and the County can send them a tape or put the tapes in libraries instead of calling 5,000 people or driving 35 miles to have meetings with them to describe the plan. Chairman Higgs noted the County could provide a call-in show with people answering questions. Commissioner O'Brien stated he would like to see a real debate take place; this is a very debatable topic; there are lots of questions; and it is a very big issue if the County is talking about $100 million. He noted he does not like getting all the information from one side and neither will any property owner.

Commissioner Cook inquired would property owners have to provide notification if they sell their property in the interim that they received a letter from the County indicating they may be in a scrub habitat area.

County Attorney Scott Knox responded as long as the County makes it clear it is talking about a proposed plan as opposed to one that is being adopted, that will not be a problem.

Commissioner O'Brien stated Letter 1 is extremely wordy; and Letter 2 does not address the potential to a property owner.

Commissioner Scarborough stated the County is not going to have one letter that makes everyone happy; and if it wants to get into a debate environment with both views, it can have a base letter inviting the two sides to put forth their positions. He noted the letter can say there is a great deal of controversy over this item; therefore, the County has invited the two sides to present their views on it; there are copies included; and phone numbers and times for public meetings can be enclosed.

Commissioner Cook concurred with Commissioner Scarborough's assessment; stated the problem is that the County is trying to explain a plan in one page which is impossible; and the more it says, the more misleading it may get. He noted there can be notification that the plan is in draft form, the Board has not adopted it and is considering it, there is some controversy, individuals can come to a public hearing at such and such a date where both sides of the issue will be addressed, and they will have the opportunity to provide input.

Motion by Commissioner Cook, for staff to include in the notification letter that the property owner may fall within the scrub habitat; and come back with language as far as setting up a specific date for public hearing.

Commissioner Cook stated the full plan should be free; and people should not have to pay $7.50 to receive a copy of it to tell them what the County is going to potentially do to them.

Chairman Higgs stated the SCDP does not have the funds to cover all those costs; and she has no problem with providing that as long as the Board is ready to cover those costs.

Commissioner Ellis inquired how much money is left in the account; with Ms. Townsend responding she did not bring those figures with her, but the majority of the monies have been used for economic analysis and biological data collection, so there are very limited funds for printing and reproduction costs.

Commissioner O'Brien stated perhaps the County could send a postcard; it could read, "Property Notice: Your property may have scrub habitat; there is a plan being considered which may or may not affect your ability to use your land in the future; please call toll free for a message." Chairman Higgs stated what she wants to provide is a number of ways that people can get information, including information to the contrary.

Commissioner Cook suggested staff come back with three options; stated there is no consensus right now on how the Board wants to do this; it is not time sensitive; and it could wait until the next meeting to make a decision. Commissioner O'Brien stated there needs to be real public input on the issue.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to direct staff to come back to the Board at the next meeting, if possible, with several options for notification of scrub landowners of the Scrub Conservation and Development Plan, incorporating the comments of all Commissioners. Motion carried and ordered; Commissioners Higgs and Ellis voted nay.

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to direct that the mailing list be developed to notify all 26,000 potentially affected property owners. Motion carried and ordered unanimously.

The meeting recessed at 3:17 p.m.

The meeting reconvened at 3:33 p.m.

ACCEPTANCE OF DONATION, RE: UNDIVIDED ONE-HALF INTEREST IN MULLET CREEK ISLANDS FROM GEORGE BATCHELOR

tating he will not speak as his letter says it all; and Dewey and Marion Leidal have given the Board $50 to be used for the preservation, restoration and upkeep on Mullet Creek Islands.

Gene Floersch, 121 Delmar Street, Melbourne Beach, representing Mullet Creek Preservation Society, stated the Society stands ready to contribute its time and effort to long-term maintenance of Mullet Creek Islands; and it will present a check in the amount of $1,000 to use for the restoration and maintenance of such Islands upon the Board's acceptance of the donation from George Batchelor.

Wally Kramer, Micco, stated this is a win-win situation; no one can lose on it; there are no risks involved that he can see; it will give a break to environment and fishing enthusiasts and small boat fishermen who will have sheltered water to enjoy; and he is a supporter of the environment and clean, healthy outdoor recreation. He requested the Board accept the donation.

Jerry Sansom, P. O. Box 740, Melbourne, stated it is hard to go wrong accepting this deal; it was not too many years ago that the Board was pleading with the Governor and Cabinet to enter into a purchase agreement to buy all of this land; now it has the opportunity to accept half of it as a gift; and perhaps now it can convince the State to pick up the other half. He noted from the commercial and recreational fishery standpoint, this is one of the areas that still has good water quality; it would be a shame to let this opportunity go by; and he appreciates the Board's support on this item and hopes it will accept the contribution.

Bob Riley, 496 N. River Oaks Drive, Indialantic, stated he and his son do a lot of fishing in the Mullet Creek area; he and his wife moved to the area in 1980; and the area is gorgeous. He thanked the Board for its consideration in acquiring this area.

Steve Tatoul, 8 Cove Road, Melbourne Beach, stated he will not spend time reiterating the environmental value of the Mullet Creek Islands; this area has a significant economic value to the County; it attracts quite a few people from outside of Brevard County as well to enjoy the recreation and fishing; this gift is an extraordinary opportunity for Brevard and its citizens; and he hopes the County will take advantage of it.

Chairman Higgs passed the gavel to Vice Chairman Ellis.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Agreement with George Batchelor for acceptance of donation of his one-half interest in Mullet Creek Islands. Motion carried and ordered unanimously. Vice Chairman Ellis passed the gavel to Chairman Higgs.

APPROVAL OF PARAMETERS FOR REQUEST FOR QUALIFICATIONS (RFQ), PERMISSION TO ADVERTISE RFQ, AND APPOINTMENT OF SELECTION COMMITTEE, RE: SOLID WASTE DISPOSAL SERVICES FOR SOUTH COUNTY SERVICE AREA

Attorney Jon Moyle, 625 N. Flagler Drive, West Palm Beach, stated he represents Chambers Waste System, the owners and developers of the 2,400-acre waste disposal site located in northeastern Okeechobee County; this is a state-of-the-art double synthetic line environmentally safe waste disposal facility; and Chambers would like to qualify as a potential vendor to be considered as a permanent part of waste disposal for Brevard County. He stated he is present today to support the staff recommendation and the Post, Buckley parameters that are described in the memorandum; they understand there may be a maximum distance proposed for disposal of solid waste at an out-of-county site; the County should not set a maximum distance limitation on disposal of solid waste at an out-of-county site; and it should at least consider the competitive alternatives for disposal of waste in this matter. Attorney Moyle noted his client feels it can be very competitive and can be a contributing part of disposal of solid waste in a very effective and efficient manner; and it can beneficially impact the special assessment that takes place for the consumers in Brevard County. He stated it is his understanding that at least three possible vendors who would submit competitive proposals may be eliminated if the County has a maximum distance such as 50 miles; that would be Chambers, the Seminole proposal, and the Waste Management proposal; and requested that a maximum distance for disposal not be included in the parameters of the RFP proposal.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve the parameters utilized in preparing the Request for Qualifications (RFQ) for solid waste disposal services as presented in Post, Buckley, Schuh & Jernigan's memorandum dated September 8, 1995, except No. 18; grant permission to advertise the RFQ for solid waste disposal services; and approve relaxing 40% of minimal financial criteria for landfill and waste to energy. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to appoint a Selection Committee of Commissioner Ellis, the County Manager or his designee, County Attorney, Solid Waste Operations Director and Solid Waste Management Director to evaluate responses to the RFQ and recommend qualified proposers to the Board for approval. Motion carried and ordered unanimously.

PERMISSION TO RECEIVE SEALED QUOTES AND AWARD LOW QUOTE, RE: HAULING OF MULCH AND RESTORING TEMPORARY DISPOSAL SITES TO THEIR PRE-HURRICANE ERIN CONDITION

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to grant permission to receive a minimum of five sealed quotes and award low quote for hauling of mulch from the County's temporary storage sites to final disposal sites, and restoring temporary storage sites to their pre-hurricane Erin conditions. Motion carried and ordered unanimously.

AUTHORIZATION, RE: REVISION OF EMPLOYEE PRESCRIPTION DRUG CO-PAYMENTS

County Manager Tom Jenkins stated what the Board has before it are the recommendations that came back from the Advisory Committee.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to authorize the Chairman to sign contract amendments with PPSC and Walgreens to increase employee co-payments for prescription drugs. Motion carried and ordered unanimously.

AUTHORIZATION, RE: ESTABLISHING CIGNA VOLUNTARY LONG-TERM DISABILITY INSURANCE PLAN EFFECTIVE JANUARY 1, 1996

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize the Chairman to sign a contract application with CIGNA Insurance for an employee paid, voluntary long-term disability insurance plan effective January 1, 1996. Motion carried and ordered unanimously.

AUTHORIZATION, RE: EXPANDING FLEXIBLE BENEFIT PLAN TO INCLUDE REIMBURSEMENT ACCOUNTS ADMINISTERED BY COLONIAL LIFE

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorize the Chairman to sign a plan document expanding the Flexible Benefits Plan to include medical expense and dependent care reimbursement accounts, to be administered by Colonial Life and Accident Insurance Company. Motion carried and ordered unanimously.

DISCUSSION, RE: EMPLOYEE GROUP HEALTH INSURANCE

Commissioner Cook stated the deductibles will only apply if someone goes to a physician, even under the PPO, who is outside the list.

Human Resources Director Frank Abbate stated on the office visits, if someone is participating in PPO, there would be a co-payment; but for hospitalization and any physicians that are outside the PPO network, the deductibles would apply.

Commissioner Cook noted there would be a co-payment; there is a list of doctors on PPO also; if someone went to one of them, all they have is the $10 co-payment; if they go to the hospital or a doctor outside the participating list, then these deductibles apply; so these deductibles would only apply if someone went to the hospital or if they had a physician who was outside the list on the PPO. Mr. Abbate responded that is correct. Commissioner Cook stated that is important as most of the employees would not be affected.

Commissioner Scarborough stated in South Brevard the County is going to have a hospital problem; in North Brevard there has been a doctor problem in having enough doctors on the list; people cannot find a doctor on the list; the PPO is not working like the old PPO with Gallagher Bassett; and what the County is providing today is something different to the employee than what they originally had. He noted the County is basically ending up with something that is not what it told the employees; and there have been problems that have come up.

Mr. Abbate stated for clarification purposes on the deductibles, for the participating PPO the routine office visit is what is covered by the $10; if they provide any additional services or refer someone to a specialist, then they go into the deductible and co-payment.

Lisa Farrah, 780 W. Granada Boulevard, Ormond Beach, representing Humana, stated Humana is offering Brevard County something totally different than it is offering any other employer in the County at this time; and that is the option to include Holmes Hospital as well as Parrish for some people. She noted it may be true that other groups Humana has sold have been sold as Wuesthoff is your network hospital; and that may be why the letter has gone out to the doctors trying to direct people into our participating hospital. She noted it took Humana almost one year to get a contract for the hospital in Brevard County; it has been tough; and it is very important, if the County is going to be in a managed care program, to have participating hospitals. She stated for Humana to be able to offer Wuesthoff, Parrish, Holmes and Cape Canaveral Hospitals and get the best price for County employees is probably impossible; Humana can continue to do things as it did in the past and increase the price to cover different hospitals; but if it continues to do that, it is not going to get to where everyone needs to be. Ms. Farrah stated if someone wanted to go to Holmes Hospital or Cape Canaveral, even if the County did not include Holmes in its network, they have the right to do that; they have a deductible and 80-20 coverage; the only additional expense to them would be a $250 per admission deductible; in most cases, Humana would have an additional $500 deductible and an additional $2,000 out-of-pocket; and the way Humana designed the County's plan was to not penalize the people who want to go out of the hospital network.

Paulette Pantaleo, 306 Orange Street, Melbourne Beach, stated her husband has been a deputy with the Brevard County Sheriff's Department for 22 years; she understands that the Board has a copy of a letter dated September 22, 1995 from Deborah Edwards who is an employee of Brevard County; Ms. Edwards was not able to make today's meeting because she is wheelchair bound on and off; and she is a prime example of why Humana, in general, is not working for the employees of Brevard County. She noted she attended Humana's meeting last year; her husband has a chronic illness; there was no oncologist on the list throughout Brevard County; the Humana representative told her anything that is presently being paid by Gallagher Bassett will be paid by Humana; but this is not so.

She stated Ms. Edwards has crippling arthritis; it creates quite a problem; she has gone severely downhill this year; her problems have been through Humana; and she has been struggling with Humana since January 1, 1995. Ms. Pantaleo stated Ms. Edwards' bills which she submitted on March 9, 1995 still were not paid as of September 22, 1995; this is an ongoing problem; and Humana does not pay bills unless people fight. She noted when she talked to her doctor and asked why she was not on the Humana Plan, her doctor responded why should she go on the plan when Humana does not want to pay her for the chemotherapy to her husband; and there are other doctors that feel that way too. She stated Ms. Edwards has to take arthritis medicine; she took the medicine for several years; it was covered by Gallagher Bassett; she purchased $1,500 worth of medicine at the beginning of the year; she has not been reimbursed from Humana; she is about to run out of her medicine; and this medicine is necessary for her to do everyday things like walk, comb her hair, and brush her teeth. She stated Ms. Edwards is very upset about this; she also had a tumor on her back that was three centimeters; her doctor suggested she have it removed immediately because her mother had died in December from lymphoma; Humana said no because removal of the tumor constituted cosmetic surgery; the doctor intervened and wrote several letters explaining the situation and the family history; and finally Humana approved the operation to remove the tumor. She noted when the tumor was removed, it was 7 1/2 centimeters; Humana is playing with people's lives; Ms. Edwards had attorneys intercede on her part with Humana; her husband has been undergoing treatment for 4 1/2 years; and he does not want to go to a different doctor or hospital.

Mr. Abbate stated employees have the opportunity to go through Risk Management to intercede on employee's behalf; and drugs are not covered by Humana and are covered by a prescription program.

Commissioner O'Brien stated he believes the letter from Ms. Edwards is true; he has heard too many County employees say Humana does a song and dance when it receives doctor bills; and if this is an example of the kind of service County employees have to go through, he wishes more of them would speak up loud and clear about how good or bad the program is.

Ms. Farrah stated this situation was a case where a doctor billed up front before he provided services; in March, 1995, the doctor sent Humana a bill for a $1,350 office visit; he actually took money from the County employee up front before he had really seen her; and what Humana asked him to do is send an itemized bill. She noted if the doctor would have sent an itemized bill in March, 1995, he would have only been getting $450 because as it turns out, he is charging the employee $150 a month which is very reasonable. She stated what the doctor's office is not going to do is send Humana a bill for the nine months of 1995 for $1,350 which now he is entitled to because he has provided the services to the employee; Humana does not pre-pay doctors in a PPO arrangement; the doctor is not entitled to payment from the member's insurance company until he has performed the service; and this case is very unusual as she has never heard of a doctor pre-billing for treatment. Ms. Farrah stated Humana would not pay in March, 1995 for services through September, 1995 nor would any other insurance company; the policy the County had before with Gallagher Bassett was a very generous policy; there were no network penalties; in the same token, there were no network discounts which is why Humana was able to save the County quite a bit of money in premiums; so there are some rules; and this is the first year County employees have ever had to deal with anyone questioning their doctors. She noted it is not that Humana is singling out Brevard County; this is happening everywhere in the country; it is looking at doctors to make sure they are performing; and it wants its members to get better, but by the same token it does not want them to be taken advantage of.

Commissioner Cook stated it is very important that Humana looks at doctors billings and that they are scrutinized; but it disturbs him when he hears that someone has a tumor that gets much larger by the time the paper shuffle gets done; and there has to be a way when someone needs treatment that somehow it can be expedited and Humana can still check. He noted he does not know the details of the situation, but if it was a cancerous growth, it could be life-threatening; a week or a few days could make the difference between treating something like that and having it become a serious problem; and perhaps that can be reviewed to come up with some ideas and suggestions.

County Attorney Scott Knox stated he has had problems with Humana's claim system also; and every time he turns around he has to fight with it to get paid what has to be paid under the policy. He noted it is not because Humana is screening doctors; and it is because someone is not doing their job properly.

Chairman Higgs stated there are problems that a number of County employees have concerns over.

Commissioner Cook stated the County has to make some adjustment to the deductibles; no one likes to do that; he certainly does not; people realize that the cost of health care is rising; and he is willing to go forward.

Commissioner Ellis stated he does not see much savings for what the County is trading off.

Mr. Abbate stated with the first item that the Board passed on the prescription card, there will be an offset of approximately $150,000 that employees will be assuming the additional cost on the prescription card; the insurance committee is going to be bringing forward a plan to the Board on the dental program; that is a plan that the Board up to now has been subsidizing at approximately $120,000 a year; and the committee is going to recommend a different plan and eliminate that subsidy as well.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve Alternate 1 for employee group health insurance, increasing deductible for individual from $100 to $150 and deductible for family from $300 to $450.

Commissioner O'Brien stated County employees are by no means the highest paid people in Brevard County; they deserve to have good health care at a reasonable cost; for the Board to increase the cost to them for health insurance is the same as saying it is going to lower their pay; and it is not right. He noted the employees work hard for their money; this is taken out of their pockets; and he does not like it.

Commissioner Scarborough stated he will not support the motion; when the County started this, it obtained a $2 million savings by moving over to Humana; the cost to the County decreased by $2 million; what it has ended up with is the PPO that was supposed to be like Gallagher Bassett, but it is going to be less and less like Gallagher Bassett; and this year, the County is not giving up-front wage increases. He noted there are some people who are going to be taking home less money this year than they did before; the County has extracted $2 million from the program; and this is not fair. Commissioner Cook stated the Board has an obligation to the employee; that is why he picked the increase he thought was the most modest; it also has an obligation to the taxpayer; and as other governmental agencies have found out, sometimes when they are offering benefits on a medical side which are escalating and are becoming a tremendous burden on individual businesses and governmental also, they have to strike a balance between providing adequate health care for the employees and safeguarding the taxpayers' interest with regard to how much they are going to subsidize certain programs. He noted right now the County is subsidizing approximately $44 per employee on the PPO plan; there are numerous organizations moving in the direction that individuals have to be in an HMO because of the cost; the County wants to maintain a choice for its employees to either be in a PPO or an HMO; and by increasing the deductible a modest amount, it can preserve that flexibility for County employees. Commissioner Cook stated he does not like raising the deductibles; there are problems that need to be looked into and sorted out; but this increase would only affect people if they had extra type medical expenses provided. He noted it is reasonable and responsible; and the County actually saves the taxpayers $200,000 a year.

Chairman Higgs stated the Board has an obligation to be sure its plan works as it thought it would work; to continue to be able to provide a good health care plan that offers the employees choices over the long haul that has a reasonable co-insurance that does not strap people in catastrophic situation is the County's obligation; and the deductible that the motion supports is reasonable and keeps the plan a responsible and reasonable one.

Commissioner Ellis inquired when does this take effect; with Mr. Abbate responding the deductibles begin January 1, 1996.

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

AUTHORIZATION TO EXECUTE CONTRACT AMENDMENTS WITH HUMANA, RE: RENEWAL OF PPO AND HMO AND INCREASE PPO HOSPITALS

Motion by Commissioner Cook, seconded by Commissioner Higgs, to authorize the Chairman to execute contract amendments with Humana to renew the PPO and HMO plans for calendar year 1996 and to increase the PPO hospitals available to employees as participating hospitals. Motion carried and ordered; Commissioner Scarborough voted nay.

Motion by Commissioner Scarborough, seconded for discussion by Commissioner Cook, to direct staff to go out for Request For Proposals immediately regarding employee group health insurance.

Commissioner Cook stated he would prefer this item be placed on the agenda. Commissioner Scarborough responded that is fine.

Commissioner Scarborough withdrew the motion and Commissioner Cook withdrew the second to the motion.

The Board directed staff to schedule permission to advertise Request For Proposals regarding employee group health insurance on the October 10, 1995 agenda. Motion carried and ordered unanimously.

DISCUSSION, RE: FLORIDA INLAND NAVIGATION DISTRICT (FIND) SCOPE OF WORK

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize Commissioner Scott Ellis to meet with Florida Inland Navigation District (FIND) representatives and request expansion of the District's scope of work to include dredging of natural creeks such as Horse, Turkey, Elbow, and Crane Creeks, as well as larger man-made canals, especially on Merritt Island. Motion carried and ordered unanimously.

DISCUSSION, RE: FUNDING FOR OPERABLE STRUCTURES FOR CERTAIN WATERWAYS

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to direct staff to explore the funding and feasibility regarding three operable structures to be located on Lake Washington, Eau Gallie River, and Crane Creek M-1 main canal. Motion carried and ordered unanimously.

The meeting recessed at 5:29 p.m.

The meeting reconvened at 5:44 p.m.

AGREEMENT WITH CENTRAL BREVARD SHARING CENTER, INC., RE: FUNDS FOR MEDICAL PRESCRIPTIONS

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to execute Agreement with Central Brevard Sharing Center, Inc. providing $15,000 for medical prescriptions for low and moderate income persons from October 1, 1995 through September 30, 1996. Motion carried and ordered unanimously.

AGREEMENT WITH SPACE COAST, FLORIDA CHAPTER OF THE NATIONAL TECHNICAL ASSOCIATION, RE: TECHNICAL AND EDUCATIONAL ACTIVITIES

Chairman Higgs stated she is uncomfortable that the objectives and performance standards are not as measurable as she felt they should be; if the Board would choose, she would be more than happy to extend the current Contract one month and let staff work on this; and it can come back with more definitive and measurable goals.

Eric Green, P. O. Box 21144, Kennedy Space Center, representing National Technical Association, stated it is not clear to him what kind of measurable parameters would be put on the kind of program the Association develops; and it probably would be appropriate to work with the County to see how it perceives the program so the Association can come up with some goals that will satisfy it.

Chairman Higgs stated the County has to be accountable for the dollars that are spent in Brevard County; and it needs to show outcomes to those people who are providing this money and to be accountable for that.

Mr. Green stated the program is about building people's human development program; it is hard to put measurable parameters around that because the Association is trying to work with people who are performing below grade average who have low self esteem and are always in trouble; and the Association is working to bring people together in the community to show them that they can be self-sufficient and do certain things by doing hands-on projects. He noted it is hard to do that, but the Association is willing to work with the County to come up with those parameters.

Commissioner Cook inquired would it be acceptable to have a monthly statement on what the Association is achieving. Chairman Higgs stated she needs to have measurable kinds of things that can be achieved; she is willing to support the program; and with every program the County has, it needs to measure the outcomes. She noted staff can work with the Association to develop the criteria; each program needs to have measurable criteria; and she believes the Board supports that.

Commissioner O'Brien inquired how many computers does the Association own at this time; with Mr. Green responding there are five computers. Commissioner O'Brien inquired does it purchase the computers through its own funds; with Mr. Green responding it is through CDBG. Commissioner O'Brien stated the County has used equipment stacked up in Titusville; and he does not know why it cannot redirect the equipment into programs such as this instead of expending funds to buy new computers. Mr. Green noted the Association would be glad to accept those computers. Chairman Higgs stated Assistant County Manager Joan Madden can work with the Association. Commissioner Scarborough stated Mr. Green is doing a wonderful job and service; and if the County could have volume criteria, he would be happy with that.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to execute Agreement with Space Coast, Florida Chapter of The National Technical Association, Inc. (Project STAR) for technical and other educational activities for low and moderate income persons at the Cocoa West Community Center from October 1, 1995 to September 30, 1996 in the amount of $62,465; and direct staff to provide measurable objectives to the Board within 60 days regarding Project STAR. Motion carried and ordered unanimously.

Chairman Higgs requested Roger Donnelly meet with Mr. Green regarding the County's used computers.

AGREEMENT WITH CHILD CARE ASSOCIATION OF BREVARD COUNTY, INC., RE: CHILD DAY CARE SERVICES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreement with Child Care Association of Brevard County, Inc. to provide child care services for low and moderate income families from October 1, 1995 through September 30, 1996 at $49,000; and direct staff to come back to the Board in 60 days with measurable outcomes. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-3-5-12 AND EXECUTE AGREEMENT, RE: COURT REPORTING SERVICES FOR COURT ADMINISTRATION

Nancy Wingo, 34 N. Fernwood Drive, Rockledge, stated she is a free-lance court reporter in Brevard County and has been for the past 15 years; she is present to speak concerning the Contract for court reporting services which the committee of judges recommended be awarded to Brevard Associated Court Services; it is her understanding that one of the provisions of this Contract is that absolutely no facilities will be provided to the reporters; and she was informed by Court Administration yesterday that there will be two rooms available for depositions in the Melbourne Courthouse. She noted since the Contract says that no space will be available for court reporters, she assumes that is simply out of courtesy for the attorneys; she was also informed that the scheduling of the deposition rooms will continue to be handled by Shirley King's office, a court reporting firm in Melbourne, who has been the official court reporter for the past approximately 14 years and is under consideration for the Contract as one of the principles of Brevard Associated Court Services. Ms. Wingo stated she finds it totally out of place that one reporting firm has to call its competitor to schedule a deposition or that a client of hers must call her competitor's firm to schedule a deposition; it is very prejudicial to let scheduling of County space be handled and controlled by a private court reporting firm; since King Reporting began scheduling these rooms, they have had depositions scheduled there only to have a reporter show up for the deposition and be told not only was the space not available, but one of Ms. King's reporters was there and said it would have to be done in Ms. King's office and it had to be taken by King Reporting; and inquired what would prevent this from happening in the future. She inquired if they want to schedule a deposition for one of their clients, how can they be assured space is or is not available when their business rival is handling the schedule; will they want to know who the attorney is to confirm that schedule; if so, why would they want to give another firm someone on their client list; and if they feel there are problems with the schedule, what is their recourse. Ms. Wingo stated they did not have any problems years ago when the scheduling was handled by the law librarian, an impartial third party; they scheduled many depositions in these rooms for their clients then; however, this virtually stopped when King Reporting took over the scheduling. She noted as it is now, there is a plaque on the deposition room door with a phone number for scheduling of that space; if an attorney or an attorney's secretary happens to be in the courthouse, sees the scheduling number on the deposition room door, and jots it down for future reference for taking of depositions in the courthouse, they would call that number to schedule the deposition room and they would be calling Ms. King's office; obviously, Ms. King's office would schedule it and take the job if the attorney did not know that they could request another reporter. She stated she does not see how the County can condone such an impropriety, especially with space supported by taxpayers in a County courthouse and which, according to the current Contract, is space that is not going to be made available anyway. Ms. Wingo stated she sincerely hopes the Board will address this issue.

Commissioner Ellis stated the County has discussed this issue for two or three years trying to get something done; what is getting ready to happen is it is going to a new set of court reporters; and Shirley King will no longer be the court reporter in Melbourne.

Ms. Wingo stated that is not entirely true; the name of the service is different., but Shirley King and Gerard Ryan are that firm. Commissioner Ellis stated the County is going to lose the law librarian down there also; and he believes the deposition room should be scheduled through the County. Ms. Wingo stated she strongly agrees.

Chairman Higgs inquired is that Ms. Wingo's primary objection; with Ms. Wingo responding affirmatively.

Maryann Hunter, 2605 Tommy Court, Mims, stated she is a court reporter; they are independent contractors and self-employed; they get no taxes or benefits; and her concern is with one firm having the whole County officialship. She noted Brevard County is large; if the court reporters want to work in the court, they would have to go to another county if they have any problem with the official; and there is control there. She noted in the past, a court reporter could go to the other official and work it out; but there is such total control over court reporters; and she is against one firm having the whole County. Ms. Hunter stated it has always been split up into three; she understands when the courthouse in Viera is built it will only be two areas; but she had no idea that the bidding would mean that one firm would get the whole County; it has never been that way; it should not be that way; and it is very bad for court reporters. She noted almost every reporter she talked to was very upset about it, but would not attend today's meeting because they knew if they did, they would not work in court; and something needs to be done about this.

Commissioner O'Brien inquired what is the average hourly pay that Ms. Hunter is paid as a court reporter. Ms. Hunter responded if a court reporter is in court, the officials receive $16.00 an hour; they take between 25% and 35%; she brought home $12.00 out of that hourly rate; then there is a transcript rate; and the officials get a commission off of that. Commissioner O'Brien inquired does Ms. Hunter make $12.00 an hour; with Ms. Hunter responding if she is sitting in court. Chairman Higgs stated Ms. Hunter is a totally independent contractor; with Ms. Hunter responding that is why it is very important to have other officials through the County that court reporters can work with. She noted it is a long drive to go to another county to work. Commissioner O'Brien stated he has heartburn with some of the rates the company would be charging the County.

Commissioner Ellis stated when the County puts anything out to bid, it will see the top bidder and the others in ranking order and what they bid; in this case, the County has the one firm with the highest ranking in all areas; it has no clue as to what highest ranking in all areas means or the prices that were bid by the other firms; and the discouraging part to him is when the County goes out to bid, it gets something back that total court reporting costs are estimated to be consistent with historical expenditures. He noted he went round and round with Court Administration for a couple of years but could not get anywhere; then the County was going out to bid; and now it is right where it was before.

Linda Mazeski, 5305 Evinrude Road, Melbourne, owner of Brevard Court Reporters, read No. 8 in the Contract as follows: "Office work and transcription services shall not be performed on County property. Court reporter will not be provided office space at any of the courthouses. This is also contained in the Request For Proposal." She noted to her that means no free space or leased space; and she would like to be assured that all reporting agencies that are presently occupying courthouse space who are incidentally conducting private free-lance court reporting activities from the courthouse, vacate by October 1, 1995, the commencement of the Contract.

Gerard Ryan, 2107 Hidden Grove Lane, Merritt Island, stated he will be glad to answer any questions the Board has, particularly as it relates to reporting in court; he has never talked to Ms. Hunter before; but there are two different types of courts and two different types of charges. He noted in a Civil Court, the going rate is $40 an hour and $20 every hour thereafter in a jury trial of a civil nature; as it relates to workers compensation, they do carry it; and they also have major medical.

Commissioner O'Brien inquired if they carry workers compensation, then do all these people declare to be his employees; with Mr. Ryan responding no. Mr. Ryan stated they bill them back for their workers compensation, but they are covered by such compensation; they have a master contract; each individual pays his own workers compensation; but his firm carries it. Commissioner O'Brien stated he is questioning the way the judges have looked at going out for bid on this; in his opinion, the charges are exorbitant; if the end result is that a reporter ends up with approximately $12 per hour on the average and the reporting firm is charging $20 per hour to the courts, there is an $8 spread; and the workers compensation rate is less than 1%. Mr. Ryan stated presently, his firm is charging $16 an hour to the court. Commissioner O'Brien stated what he is looking at says $20 an hour; with Mr. Ryan responding that is the Contract that begins October 1, 1995. Commissioner O'Brien noted that is what he is referring to. Mr. Ryan stated the court reporter would not receive $12 an hour, but more than that. Commissioner O'Brien stated he is still upset about $1.00 per page on any original reprint; with Mr. Ryan responding it is the standard in the industry. Commissioner O'Brien inquired what does it cost to make them; with Mr. Ryan responding he does not know. Mr. Ryan stated those are the same rates that the Clerk charges for a copy also. Commissioner O'Brien stated the Clerk may also be wrong; the public is not being well served with these kinds of rates; and from what he sees here, he does not feel the judges have done their job. He noted just because the rates are comparable does not mean they are still right. Commissioner Ellis stated the Board does not even know what the other rates were; with Mr. Ryan responding all the rates came in at the same price. Commissioner Ellis inquired were all the rates the same; with Mr. Ryan responding affirmatively.

Purchasing Director Jo Malota stated the RFP actually set the rates at a maximum rate that the County would allow; and that is what the judges preferred. Commissioner Ellis inquired what kind of bid is that. Ms. Malota advised this was not a bid; it was a proposal; the firms were rated on their qualifications, service abilities, and submittal requirements; if they gave a lower rate, then they would have received a higher percentage; but all of them came in at the higher rate. Commissioner Ellis noted the firms could have given a lower rate; with Ms. Malota responding yes. Commissioner O'Brien stated the way this was laid out from the very outset was wrong in his opinion; when the County goes out for bids, it does not tell someone the highest amount it is going to pay; and it is slightly higher than last year under the old system. He noted this is not competition; it is price fixing; and the public is not being well served by it.

Chairman Higgs stated in looking at the responses to the Proposal in terms of the Ryan/King agencies merging, the County has effectively limited trade in this area by the merger; and inquired is it an anti-trust issue.

County Attorney Scott Knox responded there is the State action exemption for anti-trust issues; and the way this whole procedure evolved, it came out of a Supreme Court administrative order which basically said that the Circuit Court is supposed to adopt a plan for the hiring of an official court reporter because the Supreme Court deems that within its jurisdiction to take care of that business as an essential function of the court. He noted consequently, if the Supreme Court approves the plan, the County probably has the State action exemption; the wrinkle that is thrown into this particular situation is that the County is a party to the Contract; he has not researched the issue in a long time; but it is his recollection that the County may not be exempt under the anti-trust laws unless it is implementing a State action exemption. Chairman Higgs stated she would be interested in having the County Attorney research that issue.

Commissioner Ellis stated his concern is the bidding process itself as it did not seem to lend itself to a competitive bidding process. Chairman Higgs responded she understands that; what she is asking is there were people that merged together into a larger organization; trade is effectively limited by mergers; and it raises the anti-trust issue.

Commissioner Cook stated he is concerned about setting the rates; and the County cannot fault the people who were awarded the bid for complying with the process. Commissioner Ellis stated he is concerned with the process; inquired what if the County put everything out to bid and said here is the price it is looking for; and everyone would come back with the same price and the County would try to figure out which company is best able to do it.

Attorney Knox stated in defense of the judges, they were looking at what the State guidelines are for court reporter fees; the Department of General Services has published a set of rules which governs the State of Florida's procurement for court reporting services; and without exception, every price that the court reporters have bid in this particular instance is considerably lower than what the State of Florida pays. He noted going on the basis of that as a guideline, they thought they were getting a good deal out of this particular arrangement; their criteria was not solely limited to price; and there was other criteria besides that which they considered.

Shirley King, 26 Nelson Avenue, Melbourne, representing Brevard Associated Court Services, stated she will try to answer some of the questions raised; regarding the question of why the reporter only gets $12 per hour; her firm takes $4.00 off the top; they have overhead and provide the court reporters with their jobs, transcript paper, and enumerable supplies, including telephone bills. She noted she rents space in four different areas to provide deposition rooms for court reporters to handle the free-lance part; all of their courtroom supplies are supplied by the firm, with the exception of the machine they write on; so it is not like her firm is taking $4.00 and putting it in their pocket. She stated with the new price of $20, they are getting a little bit of a raise; but as Attorney Knox indicated, they are still the lowest in the State; and they came out with the lowest prices. Ms. King stated one of the reasons the County did not have any lower bids is because most people will not work for any less than that; these court reporters are making a lot more than that out in the free-lance market; and why they want to be in the courtroom she has no idea. She noted the County sent out bid packages to no less than 12 or 15 firms in Brevard County; the only other bidder in her case was Brevard Court Reporters who managed to put together about six firms to make up enough people to even consider covering the County's courtrooms; and she does not think that is an anti-trust issue. She stated she and Gerard Ryan have been the officials for more than 20 years; it has taken them 20 years to build up an office staff, equipment and the experience level necessary to handle the size that Brevard County has become; they chose to join together as they were going to Viera anyway; they were appointed officials; and it had already been worked out with the judges that they would act as one person in the Viera Courthouse.

Ms. King stated in regard to prices, which the Board seems to think are exorbitant, when her firm does a transcript, it takes many hours outside the courtroom to prepare this transcript; $3.00 a page for an original and one is not exorbitant; the truth is she cannot produce an original page of transcript for $2.00; and she and the reporters have overhead. She noted this is such a hard thing for someone who is not in this business to understand; they have to work so many different ways to put it all together in order to make a living; these reporters are not making $100,000 or even $50,000; they average anywhere between $25,000 and $30,000 gross to them; that is what they take home; and they have to take their taxes out of it and pay for their equipment. She noted when adding that up, she is not making a lot more than that because she has to provide all of these things. Ms. King stated the process was set about because the Federal Department of Labor decided that court reporters should be paid overtime for preparing transcripts at home; that is unreal because they are paid by the page for the transcripts; they did not ask for it; it was a decision the Department made; and it is her understanding it is about to vacate that; so all of this was truly unnecessary. She stated she met with Justice Grimes about this; his concern was that the State of Florida would be liable for overtime and penalties if the Federal Department of Labor decided against them; Justice Grimes felt he needed to take action and take it now in order to show them good faith effort to solve what only the Department viewed as a problem; and that is how all of this bid process started. She advised official court reporters have been around forever; free-lance firms have been around forever; the procedure they have worked with in Brevard County for many years has been the free-lance business makes them able to support the lower prices they get; she gets higher prices in free-lance; and she gets $40 for the first hour and $24 an hour thereafter. Ms. King stated the County is going to pay her firm $20 an hour period; she gets a higher page rate outside; and it does not make any sense to her that the Board can sit there and consider this not good value for its money. She noted her firm has a lot of education and experience; it puts in a lot of hard work to earn its money; and there are people out there who make a lot more than court reporters with about half the effort. She stated she apologizes for her venom over this, but she gets very frustrated trying to get people to understand.

Commissioner O'Brien reiterated his concern with the costs per page for transcripts charged to the County. Ms. King indicated she charges $1.75 per page for copies outside; and the County is getting a deal at $1.00 a page. Commissioner O'Brien stated he is looking at a copy being worth about eight cents a page. Ms. King responded all of this works together; when her firm sells an extra copy, meaning an original and two for an appeal or something, added all together it averages out to give it a little bit better income than it would have if it only sold the original and one; if it only sold the original of everything, it could not make a living; and if it only sold the original and one of everything, it would have a difficult time making a living. She stated her firm counts on those extras that it can give out to them; her firm already gives the County data diskettes; and most firms charge $25 and $35 each for them in the market. She noted her firm also gives the County concordance indexing on almost every transcript; it gives Brevard County multiple things to go with this; her firm is at the beck and call of the judges, P.D.'s and State Attorney's as to getting these things to the County; and not only does it print them, it delivers them, pays the postage and stores these things; and all of this is worth much more than $1.00 a page.

Commissioner Cook stated he is sure the reliability and so forth is an important consideration and was factored into what the judges looked at; they have to look at an overall picture of that; and inquired when there are six or eight copies for things such as appeals, do attorneys have the option of getting an original or an original and one and then making their own copies; with Ms. King responding yes, it is in the Statutes.

Commissioner Ellis stated the County needs to resolve the issue with the deposition rooms.

Motion by Commissioner Ellis, that the scheduling of depositions rooms come under the Law Library. Commissioner Cook expressed concern with the motion as the County has not consulted them; and perhaps the motion can be to have the County Manager explore something. He inquired how much of an impact will that have on the Law Library and is it going to create a problem for it. Commissioner Ellis stated the County is looking at bringing the Law Library into a consolidated facility; and it should have more time available.

Commissioner Scarborough stated he had asked Ms. Madden about the possibility of having the Clerk schedule the deposition rooms; but there are several options.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to direct the County Manager to explore other ways to schedule the deposition rooms. Motion carried and ordered unanimously.

Commissioner Cook stated the request is to approve the Contract today; and inquired is this on an annual basis; with a representative of Court Administration advising it will be rebid again when the Justice Center opens. Commissioner Cook stated he does not have a problem moving forward; and he will include in his motion that the Board receive additional information on what the judges considered, what the bids were, and how the process worked. He noted right now it is important to have a court reporter on board and have those services available to the judges; at some point he has to rely on the judges' expertise who work with the court reporters; but he has no problem looking at additional information on it.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to award Proposal #P-3-5-12, Court Reporting Services for Court Administration, to Brevard Associated Court Services, Inc. at an estimated $339,000 annually; execute Agreement with Brevard Associated Court Services, Inc. for the service; and direct staff to provide additional information on the bid process including the ranking and background information for this years bid for court reporting services.

Representative of Court Administration stated the judges were concerned with the qualifications primarily with the court reporters; that was the biggest factor in deciding who they wanted as their firm representing them in the courthouses; as Ms. King said, the rates are fair; the judges did not want to have a bidding war going on out there; the fact that everyone bid the same rates says that is what they need to work for; and they cannot work for less. She noted as far as the deposition rooms, there has never been a complaint addressed to Court Administration about a problem. Commissioner Ellis responded that is absolutely not so; and he sent the letter himself to Mark Van Bever two years ago on this issue.

Commissioner Cook stated he assumes it is important for the Board to move forward to get someone on board for this year; and next year, it can look at whatever criteria it wants to examine.

Commissioner Ellis stated when a process is done like this and it comes back, he would like to see the rankings and why. Commissioner Cook concurred with Commissioner Ellis' comments. Commissioner Ellis stated the County should have someone on the committee who is not a judge; with Commissioner Cook responding next year the Board can address that.

Commissioner Scarborough inquired does the County Attorney have some concerns regarding the anti-trust issue and would he like to defer this until he does research. Attorney Knox responded he is fairly well convinced there is not a problem; but if he finds something, he will let the Board know. He noted even if it was an anti-trust activity, he believes the County would be exempt. Commissioner Scarborough stated the Board can Rule 13 this at the next meeting if the County Attorney finds something, and it can be brought back up for reconsideration; with Attorney Knox responding this has to be in place by October 1, 1995, and he will try to get the answer. Mr. Knox noted he does not think the County is going to have any problem.

Chairman Higgs inquired what if the Contract is not in place; with Attorney Knox responding then the County does not have an official court reporter. Chairman Higgs stated it really bothers her and it has bothered the Board in the past to get an item when the Board's back is to the wall to approve it; this is a significant expenditure for significant services; Court Administration staff has left the Board with no room to move other than to approve this; and that is not fair, it is not good business, and it is not good government. The representative from Court Administration responded she understands Chairman Higgs' concern; it can work something out with some court reporters; as far as the expenditures, they are the same as last year; and they are just reconfigured in a different way. She stated there is no difference in what was paid from public funds last year as there will be this year. Chairman Higgs responded there is a significantly different contract; there is a different arrangement and layout; the Contract is basically nothing or this; and she finds that most disturbing.

Commissioner Cook concurred with Chairman Higgs' comments; in this case, the Board has no option but to go ahead and move forward; he included in the motion getting the information that was used this year to make the assessment; and next year, the Board can address whatever criteria it wants.

Attorney Knox stated it is important for the County to know that this all comes down from the Supreme Court; the plan that is developed for selecting court reporters is a product of the judicial system; so the extent that the Board wants to get involved in that process, it is going to have to make the overture to the Chief Judge to see if he will entertain that. Commissioner Ellis inquired is the selection committee defined by Statute. Attorney Knox responded there used to be a statutory provision governing court reporters; that was repealed this year; this is all now handled through the judiciary; so to the extent that the Board wants to get involved in that, the judiciary is going to have to integrate the Board; and it is going to have to work with the Chief Judge on that. Chairman Higgs called for a vote on the motion. Motion carried and ordered unanimously.

AWARD OF BID #B-4-5-106, RE: MULCHING SERVICES FOR YARD TRASH/ VEGETATIVE WASTE

Commissioner Ellis stated this is back on the mulching again which is a personal peeve of his; the County spends hundreds of thousands of dollars grinding up yard waste to meet recycling quotas established by the State; it would be a lot cheaper to dig a hole and bury it; and it is a total waste of money for the County to do this.

Augustus Buckley, 2020 Aruba Avenue, Fort Myers, representing Eagle Sanitation, stated there were a number of questions raised by Kenetech Resource Recovery with reference to Eagle Sanitation's ability to take care of the County's project on mulching of yard waste; it raised a question about how long Eagle Sanitation has been in the business; and he has been brokering yard mulch to sugar mills since 1982-1983. He noted he knows what the County's specifications are as far as what its mulch needs to be; in regard to his Company's financial abilities, its financial statements state that it is financially sound; and the Company has over $1 million worth of equipment on County property right now. He stated a question was raised that his Company was only going to put one grinder on the ground; his grinders grind 400 tons a day; that works out to about 257 working days a year to grind the County's 118,000 tons of material; and one machine can handle it with no problem. Mr. Buckley stated right now his Company is a little bit behind due to the hurricane; the County is a lot behind; his Company stepped in and took care of a couple yards for the County, as well as its Central and Sarno facilities; and his Company has been as much as 1,000 tons ahead of the County at all times in three different locations. He noted it has 500 tons ahead at Central, 500 tons or more at Sarno, and over 1,000 tons at Eau Gallie; and if this material is mulched too fast and does not get shipped out, it has a way of composting and turning to dirt.

Loran Balvanz, representing Kenetech Resource Recovery, stated he agrees with Commissioner Ellis that this purchase order the County is preparing to enter into is $1 million; his Company believes that there are other means, and it has demonstrated this throughout the United States, mostly in Florida; and there are cost-saving methods to get it out of just doing landfills. He noted to address the issue of throwing it in the hole, the County does not get the recycling credits for doing that; and he understands the frustration. He noted his Company has been on a mission since 1989 to find alternate methods of disposing of this material; it will show the Board that the value added approach that Kenetech uses does create value; and the County could save between $50,000 to possibly $150,000 by utilizing Kenetech's equipment. He noted his Company is not here to take issue with Dick Rabon and his staff or Eagle Sanitation; but it still remains the fact of who Kenetech is and what it does; and it is totally dedicated to this cause and saving money for municipalities. Mr. Balvanz stated Kenetech has 13 existing Contracts throughout Florida; there has to be a reason that it is saving this much money for a lot of people; and it is demonstrating it everyday. He noted the management staff and depth of this organization is huge; the 52,000 hours represents the field supervision; that is not the operators or overhead; regarding Woodfield Contracts, Kenetech has guaranteed for the next 15 years, 160,000 tons to two power plants; it is also serving the Willowberry Plant; and next year, it will probably do about 400,000 tons in the State of Florida alone. He stated there are many letters concerning the things Kenetech has done for municipalities and working on cost-saving approaches wherever it can; in Collier County starting in December, 1995, Kenetech will be making two products, cover material and mulch; in Lee County, it has been making cover material, mulch, and fuel for the last five years; Charlotte County recently renewed the Contract with Kenetech; it is making two and three products; such County is guaranteed a minimum buy-back of $2,000 a month; in Manatee County, Kenetech is making four products; and it is buying it back at between $4.00 and $1.00 per ton for different items. He stated Hillsborough County is the same way; Marion County is a $2,000 minimum; Kenetech purchased all of Seminole's equipment; and it is getting $2.00 or $4.00 per ton on the products. He noted his Company processes 400,000 cubic yards for Palm Beach County; such County is renewing the Contract; it is now going to adopt a method where Kenetech has showed Palm Beach it can make a small material for using in its $60 million compost sludge facility and fuel; and it is basically copying Kenetech's proposal. He stated the last item is the Riviera Beach facility; his Company is very proud of that; the community was literally bankrupt when Kenetech took it over; it processes 600 tons a day; and Riviera Beach is getting a payment of about $25,000 per month.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to allow Mr. Balvanz an additional three minutes. Motion carried and ordered unanimously.

Mr. Balvanz explained the operation plan; stated Kenetech is developing new machinery; it put in by the bid document and the rules that it is going to start out with equipment; by 1996, it is moving to equipment that makes two products at one time; and his Company is basically going to have double the amount of dollars of equipment by making two products at one time. He gave cost comparisons between Kenetech and Eagle Sanitation; stated Kenetech is a Company that makes fuel; it can meet the criteria; and by the recommendation that stands the way it is, Kenetech is being unfairly prejudiced for being efficient with equipment. He noted everyone who bid this document had the opportunity to put down whatever equipment; they did not do so; Kenetech is here to save the County money; it can demonstrate it; it is doing it all over the place; and requested the Board take special consideration. Mr. Balvanz provided samples of Kenetech's products to the Board for its review.

Commissioner Scarborough stated Mr. Balvanz indicated this product has a value; and inquired what value does it have. Mr. Balvanz responded the County would be purchasing soil for cover at its landfill; and this can substitute for that.

Commissioner Ellis inquired where does Eagle Sanitation take the mulch; and stated according to Kenetech's presentation, it is left at the landfill. Mr. Balvanz responded that is correct; it has no other choice; and it can make the County two products. Commissioner Ellis noted according to Mr. Balvanz's documentation, most of the mulch goes off to the power plant and some of it will stay as dirt; and for Eagle Sanitation, there are going to be 78,000 tons of ground mulch left at the landfill. Mr. Balvanz noted that Company will use it for cover and other things; but it does not have a positive value for fuel; and the fines have not been separated which gives a positive value for the cover.

Chairman Higgs inquired is that correct; with Mr. Rabon responding he does not know. Mr. Rabon stated the machine that Mr. Balvanz is talking about is not in operation anywhere; it is still a proto-type being produced; so staff does not know if it is possible to produce that material or not. He noted staff did not ask for that in the bid; it is not asking to produce a fuel product; it specifically states in the bid that the material remain with the County and be the property of the County; if it is such that it can use it for a fuel product later or put out an RFP or something for that purpose, it could do that; but it has had concerns about moving that waste and finding cheaper ways to deal with it; and at this point it is not including that in the bid. He advised this bid was strictly a grinding bid, giving the County a cost per ton for doing the service; and staff recommended the low bidder.

Commissioner Ellis inquired what has to be done with this ground up mulch to get a recycling credit. Mr. Rabon responded the County has a Contract with a company to get it the recycling credits it needs; so 40,000 tons of that material each year will go to that company in the condition that it will be produced by the low bidder on this job; and anything above that will put the County probably more than what it needs to get its 15% for its recycling credits. He noted that is why staff at this point has chosen not to move it off the site.

Commissioner Cook stated the purpose is basically to meet the County's recycling goals; with Mr. Rabon responding that is why it grinds what it does and the fact that it cannot put it in the Cocoa landfill per se. Mr. Rabon stated it can put it in the Class III landfill by law, but it cannot put it in the Cocoa landfill because the Class I facility is banned from there; so it has to mulch it there; and the Contract with the company is to take the bulk of what is produced there to get it off the site. He noted anything else beyond that would result in saving some space, but it is not a requirement for the recycling credit. Commissioner Cook inquired is the bid out done on a yearly basis; with Mr. Rabon responding yes. Commissioner Cook noted there will be a new bid next year; with Mr. Rabon responding affirmatively. Commissioner Cook stated this was bid out under certain circumstances; the bidder complied with such circumstances; Eagle Sanitation was the low bidder; he feels compelled to honor that; and it is the recommendation of the Committee. He noted there is always next year; perhaps the bid document needs to be looked at and some other criteria set; but for this year, it appears the low bidder complied with what was requested; and it came in at the low bid.

Chairman Higgs inquired what would happen if the Board rejected both bids; with Mr. Rabon responding the County would have to rebid it and he is not sure it would be any better served. Mr. Rabon advised there are four or five people who bid this each year; the County received good prices; and it needs someone out there doing it. He noted if the Board decides to do that, staff would request it continue with Eagle Sanitation until it can be rebid; but he is not sure that would solve anything. Chairman Higgs noted the Contract will be for one year if the Board approves this; with Mr. Rabon responding affirmatively.

Commissioner Ellis stated one of the points brought up by Kenetech is that Eagle Sanitation is only going to bring in one grinder. Mr. Rabon responded Eagle listed one grinder in its bid documents; however, it has said that it would put whatever equipment is out there necessary to do the job; County staff does not have a problem with that; it did not require any minimum or maximum in the bid documents; it asked the question so it could see if the company would produce enough equipment of the type that it felt could do the job; and Eagle Sanitation has done that. Commissioner Cook stated Kenetech made an excellent presentation and made some good points; but the County has to go back to the bid document; and if a bidder submits a bid in compliance with the bid document and is the low bidder, then it does not have a choice but to accept that bid.

Commissioner Ellis noted the County is spending a lot of money.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to award Bid #B-4-5-106, Mulching Services for Yard Trash and Vegetative Waste, to low bidder Eagle Sanitation, Inc. at $8.89 per ton for grinding, mulching, and disposition of yard waste and land clearing debris for two landfill sites with a possibility of adding a third site. Motion carried and ordered; Commissioner Ellis voted nay.

LEASE AGREEMENT WITH COURT REPORTER GERARD F. RYAN & ASSOCIATES, RE: OFFICE SPACE AT ROCKLEDGE COURTHOUSE

Linda Mazeski, 5305 Evinrude Road, Melbourne, stated the new Contract is for Criminal Court only; the Civil Courts are open to free-lancers; to lease courthouse space to Mr. Ryan is in complete contradiction to the Request For Proposal and the Contract; and inquired if the lease space is comparable in price to private office space, what reasons would they have to be there other than for convenience, advantage of last minute orders from attorneys at the courthouse on business, control and oversight over the court situations, and the opportunity to solicit unfairly the clients. She noted the judges and general public could and will assume the reporters down the hall are the ones to hire; if someone calls a judge or asks a bailiff, it will be a natural instinct to point them down the hall instead of to a phone book; and it gives the appearance of impropriety between courthouse personnel and court reporters. Ms. Mazeski stated as a taxpayer and owner of a competing court reporting firm, she certainly does not wish to be landlord to a competing firm that interferes in her business by physically following her court reporters when assigned to a case at the courthouse, asking questions about their assignments, questioning attorneys as to which cases they are appearing for and where, and then because of this in-house business' familiar relationships with court personnel, entering chambers or courtrooms and setting up equipment so as to preclude her reporters from their assignments. She inquired why state in the Request For Proposal and Contract language, "The County shall not provide space", and then not honor it. She requested a level playing field be maintained and the County not show favoritism toward one private business over another. She stated in other contracts her Company has bid, if one does not follow the guidelines, one is disqualified; and she views this situation as the fox guarding the hen house.

Nancy Wingo, 34 N. Fernwood Drive, Rockledge, stated she does not believe it is right to let private enterprise do business out of a public facility; it is strictly against the Request For Proposal guidelines; court reporters were to adhere to the bid process; it is contrary to the wording of the current Contract that states, "Court reporter will not be provided office space at any of the courthouses"; and she strongly opposes such an arrangement.

Chairman Higgs stated she has a statement from Jeannette Gross as follows: "It has taken a few years of letters, meetings, and efforts to get us to the point we're at today, and it was beginning to look as if we were finally going to have fair and ethical competition in the field of court reporting in Brevard County. If Ryan & Associates or any other reporting firm or reporters are permitted by lease to maintain control over any area of the courthouse, they will naturally gain an unfair competitive edge and access the potential clients. And if this Board authorizes that to happen, then you will not be correcting an equity, but you will be merely creating the paperwork allowing one to continue."

Gerard Ryan, 2107 Hidden Grove Lane, Merritt Island, stated he has been in the Rockledge Courthouse for the past 24 years; he presently occupies 732 square feet of space; what happened was anticipating the move to Viera in 1994-1995, his firm purchased and installed the state-of-the-art total network computing system; and this system has and includes an independent customized telecommunication system. He noted he understands what the Contract said; it said that no court reporter shall be furnished space as they have been in the past; his problem is he does not want to dismantle this system twice within a year; he does not mind moving once; what he is requesting is to enter a lease until he moves to Viera; and at that point, he would vacate the building.

Shirley King, 26 Nelson Avenue, Melbourne, stated as far as Mr. Ryan having space in the Rockledge Courthouse, he has had that for 24 years; she has been the official court reporter in Melbourne; and she has been outside of the courthouse with her space. She noted she has no objection to Mr. Ryan remaining in the courthouse, although in the past, it has concerned her that he was getting compensation for something she did not get; at this stage of the game it does not make any financial sense to have him move twice; and a one-year lease on the space he currently has would seem most appropriate under these circumstances. She stated the Contract addresses space being provided as part of their compensation; and the fact that Mr. Ryan will be paying for the space puts it in an entirely different light.

Commissioner Cook noted after this year, no court reporters will be in the courthouse at all.

Commissioner Scarborough inquired is this fair compensation for the space. Facilities Management Director Hugh Muller responded the County is currently paying an average of $8.05 per square foot for places it rents Countywide; in the Rockledge area, it is paying $5.50 a square foot, $5.41 a square foot, and $12.44 a square foot; and the agreed on figures were $11.25 per square foot for the space that Mr. Ryan is currently in and has been in for the last 24 years. He noted for Mr. Ryan to move out, the County does not have someone that it needs to move into that space, especially when it is going to renovate it about nine months from now; so Facilities Management staff felt it would be a win-win situation for the County to charge Mr. Ryan rent compatible to that in the area and the County receive some revenue during this nine-month interim period before it renovates the Rockledge Courthouse.

Motion by Commissioner Scarborough, seconded for discussion by Commissioner Ellis, to execute Lease Agreement with Court Reporter Gerard F. Ryan & Associates for office space in Rockledge Courthouse from October 1, 1995 through June 30, 1996, at $691.88 per month.

Commissioner Ellis stated no matter what the Board does, he thinks it can have some kind of a lease to accommodate Mr. Ryan's move; and it is not possible to pick up an entire office and move out of there in five or ten days.

Commissioner Cook noted it needs to be addressed in the future that the County does not get contracts at such a late date because it puts it in a tough position; he is confident that the bid document was referring to free space for their services; it is not unreasonable to allow Mr. Ryan to complete his tenure or operations out of Rockledge; next year, everyone will be in private space and locations; and no one will have that advantage, if that is the way it is perceived, of being there.

Commissioner Ellis stated he does not doubt that it is an advantage; but such advantage comes to an end when the courthouse closes.

Commissioner Scarborough stated it is not a new advantage; Mr. Ryan has been there; it is money to the taxpayer; on one side he does not see any new injustice being created; and if this was an injustice, it is a continuation of an injustice to the other court reporters. He noted on the practical side, taxpayers have the facility occupied rather than having an empty space there with no income.

Chairman Higgs stated it is not a fair advantage to give; she concurs with Commissioner Ellis that the County cannot do it overnight; but it is not a fair advantage to give to someone; and she would support four months.

Commissioner Ellis inquired would it be reasonable to extend it through January 1, 1996 and then bid out the last six months. Chairman Higgs stated she is concerned about the issue of someone occupying the space who has an advantage over the competitors. Commissioner Ellis inquired why leave the space vacant for six months and why not put it out for bid. Chairman Higgs stated whoever the County allows to be there gets a competitive advantage; and it is not fair to have anyone there who is delivering that kind of service to potential customers.

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

The meeting recessed at 7:44 p.m.

The meeting reconvened at 7:57 p.m.

RENEWAL AGREEMENT WITH BREVARD COUNTY MEDICAL SOCIETY, INC., RE: FY 1995-96 WE CARE PROGRAM

Commissioner O'Brien inquired did the County already go out through a list of non-profits to determine who shall receive funding; and stated he does not know why it is funding this program when it is a medical program.

Commissioner Cook inquired what funds will this come from. Health and Social Services Director Jasper Trigg responded about two years ago, based on a health priorities project consisting of a committee of health care administrators, community leaders and others, it was decided that the We Care Program would be No. 2 from its list of five recommendations; at the present time, four hospitals contribute $6,250 each which equates to $25,000; and the County pays $25,000. He advised that money is used basically to pay a coordinator's salary in addition to other services; and based on the $50,000 that has been contributed toward this Program, they have leveraged $557,354 based on free services from physicians as well as hospitals.

Assistant County Manager Joan Madden advised the funds come from the General Fund.

Commissioner Cook inquired why is this not included in the list. Ms. Madden responded there is a basic issue that probably needs to be addressed as it relates to the not-for-profits; for a number of years, there was a series of not-for-profit corporations that was funded out of Human Services; this one was added two years ago; so it is one of those "Johnny come lately" contracts. She noted when the amount of money was set aside for the not-for-profits this year, this money was not included in that; there is a question and another one coming up which relates to the same issue; her answer is did staff do that 100% correctly this year; it already knows after the exercise it went through when it did that that there were some holes in that; and staff needs to look at it. Ms. Madden stated there are a couple of these that are private not-for-profit corporations; this is one of those; this money could come out next year, be added to that, and be competed for; but it was not included because it was not a part of that original $650,000.

Commissioner Cook stated it should be included next year, evaluated, and new criteria established, and inquired did the County contribute $25,000 last year; with Ms. Madden responding affirmatively. Commissioner Cook noted under economic impact, this will reduce the services and cost of services provided by hospitals and other health care agencies, and inquired is the County reducing its costs; with Ms. Madden responding affirmatively. Ms. Madden advised people who can be seen by private physicians at no cost do not present themselves at emergency rooms which is the highest cost of health care; and the hospitals do reduce their costs by having patients diverted to private physicians.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to execute Renewal Agreement with Brevard County Medical Society, Inc. to provide the FY 1995-96 We Care Program from October 1, 1995 through September 30, 1996 at $25,000; and direct that next year the funding request be included in the list of requests from not-for-profit organizations.

Commissioner O'Brien reiterated this is a hospital function in his mind; if the County does not fund it next year at all, the hospitals should pick up the entire tab; and he does not understand why the County is funding this.

Chairman Higgs inquired if the County did not fund it this way, would those same people be coming back to the emergency room and be covered under Medicaid or one of the other programs and the County would end up paying it that way. Ms. Madden responded that is a possibility; she wants to go back to the original premise; for many years, the physicians were not providing this rotational service; in an effort to get that under way, a cooperative, collaborative effort was entered into; it does not have to stay there; but it was a first step toward getting the physicians to provide the service so the individuals stay out of the hospitals.

Commissioner Scarborough stated sometimes a public sector needs to be a catalyst and chip in a couple of dollars to get things clicking; that is what is happening here; he does not mind exploring it; and that is fine.

Commissioner O'Brien stated the County turned down two other non-profits who also could leverage money as well; with Commissioner Scarborough responding sometimes he has a problem with that as the County may be making some mistakes if it does not look at the full leveraging capacity it has by getting things started. Commissioner Scarborough noted if it gets things started and gets the community going, its money could be only a small portion of it; but if it starts extracting it, the whole thing could be totally disintegrated. Commissioner O'Brien stated he does not think the County Commission's mission is to fund educational or medical programs; there are hospitals that do that and the School Board does the other; the County is taking the heat off of them by funding them; and the public is being cheated when it does that.

Commissioner Scarborough stated when looking at the budget, the County is heavily into medical; millions of dollars are for the State share of Medicaid; there are a lot of things the County is in besides road and bridge, and building plans; because of that, some programs such as this can lessen the impact elsewhere and make the community run easier; and the County has to look at the big picture knowing all of its cost.

Commissioner Ellis stated the Board needs to decide where its priorities are; and it has never set its priorities. Commissioner Cook stated he concurs completely; there may be areas the County is into that it does not belong into; maybe over the years it has expanded; and he has no problem making a priorities list. He noted he supports going ahead and funding this item.

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

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

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to execute Agreement with Crisis Services of Brevard, Inc., providing $6,000 for SAVS dispatch, and information and referral crisis intervention services for FY 1996; and direct that next year the request for funding be included in the list of not-for-profit organizations. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ADOPTION OF VALKARIA SMALL AREA STUDY

Commissioner O'Brien stated his concern is that the County is looking at possibly zoning residential at the very end of the runway; and it bothers him that the County is going to do that. Commissioner Ellis stated it already did that. Commissioner O'Brien inquired does the County really want to start putting people's houses at the end of the runway; with Commissioner Ellis responding it is their choice to put their house there. Commissioner O'Brien stated that is why the County has zoning so people do not make that kind of mistake. Commissioner Ellis stated there is also zoning so there is not Planned Industrial Park (PIP) right next to agricultural/residential; he understands Commissioner O'Brien's frustration on this issue; but if he would have been here when the Board went through this item originally, he would be upset about the way this was done also; and that property was never industrial. Commissioner O'Brien noted even to change it to commercial would have been better than residential; and inquired who wants to put residential at the end of an airport runway.

Chairman Higgs stated the Small Area Plan encompasses the work of a Citizens Committee that studied all of the area. Commissioner O'Brien stated he understands that, but it does not make sense to put housing at the end of the runway. Commissioner Cook noted a study will come back to the Board. Commissioner O'Brien stated the point is that this is permission to advertise; the pathway will lead to this; the end result is going to be residential zoning there; and it is craziness.

Chairman Higgs stated the County dealt with the Bueller property going from commercial to residential at the end of the runway; it sent that forward to Department of Community Affairs (DCA); this is not necessarily connected to that other than one of the parcels in there is involved; the Small Area Plan includes the entire area; and that parcel would not be proposed to have any changes in this Plan.

Commissioner Ellis stated that parcel went from agricultural to bogus government managed lands when it was never owned by the government; then the person showed up saying his property was zoned government managed lands and he did not know how it ever happened, but it should be industrial; and the County said it would put the property back to agricultural; but the person did not want that. He stated he had a hard time believing the individual was never notified and did not know what was going on; and as more information was produced, the County found out the person knew exactly what had been going on. Commissioner O'Brien inquired does the Board believe putting residential at the end of the runway is the right thing to do; with Commissioner Ellis responding he does not believe it is a problem as there are only going to be little prop jobs in and out.

Commissioner Ellis stated the Small Area Plan is completely independent of that; it is just the entire Valkaria area; and the real issue is whether or not the Board wants to do a Small Area Plan.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to grant permission to advertise public hearing on November 21, 1995 to consider the Valkaria Small Area Study Plan. Motion carried and ordered unanimously.

TERMINATION OF AGREEMENT WITH JOE PETROSKE AND EXECUTION OF AGREEMENT WITH JAMES CORE, JR., RE: CARETAKER AT ROAD AND BRIDGE FACILITY

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve termination of Caretaker Agreement with Joe Petroske; and approve execution of Agreement with James Core, Jr. for caretaker services at the Road and Bridge Facility at 4680 N. Wickham Road, with the stipulation that such Agreement will terminate in May, 1996 to coordinate with all other caretaker agreements. Motion carried and ordered unanimously. PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, AND APPOINTMENT OF SELECTION COMMITTEE, RE: EMERGENCY FINANCIAL AND MEDICAL ASSISTANCE SERVICES FOR COUNTY RESIDENTS

Commissioner O'Brien inquired how many clients have reached self-sufficiency and now continue to contribute to the economy or how many clients receive welfare and do not contribute to the economy at all.

Assistant County Manager Joan Madden responded the only way to retrieve those numbers is from the quarterly or monthly reports that are submitted by the Salvation Army which currently has that Contract.

Health and Social Services Director Jasper Trigg advised staff expects to receive the final report at the end of September, 1995.

Commissioner Cook inquired when will the services be completed; with Mr. Trigg responding September 30, 1995 is the final date. Commissioner Cook inquired what sort of notification is this. Mr. Trigg stated staff had contract negotiations starting back in July, 1995; it had agreed upon an administrative cost that they would provide those services; they just recently had a new area commander assigned to Brevard County; he had to look at the Contract and some of the services that were being requested; then he had to request permission to accept the Contract through the regional office; and that is when they indicated to him that based on their financial situation at the present time in Brevard County, they could not honor the Contract for next year. He noted the County was informed verbally prior to September 6, 1995; and such date was a verification of their agreement not to accept the Contract.

Ms. Madden stated services probably will not be interrupted; Mr. Trigg and the Social Services staff have made arrangements to have social workers outposted in three different areas to continue this work until the County can find another vendor. She noted the issue at hand here had to do with administrative costs; such costs in the current Salvation Army Contract were at 10%; and what it requested was a 77% increase to almost 18%. She stated that has to be taken out of the actual welfare dollars; and it is significantly more than staff believes should be paid for administrative costs.

Chairman Higgs inquired are most of these people covered by other programs. Ms. Madden responded this is emergency services only; the County has never been involved in any ongoing welfare programs; it has had one welfare services program that operated out of Social Services Department for a number of years; and last year the decision was reached to try to privatize that. She noted that Contract has not worked out as well as staff had hoped with the Salvation Army; that does not mean it would like to throw the baby out with the bath water; and it would like to try it again with another vendor. Commissioner O'Brien stated he would like to know the truth in advertising and outcomes.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant permission to advertise Request For Proposals (RFP) for emergency financial and medical assistance services, and appointed Assistant County Manager Joan Madden or her designee, Housing and Human Services Director or her designee, Family and Children's Services Supervisor, and Purchasing Director or her designee as staff liaison and non-voting member to the Selection Committee. Motion carried and ordered unanimously.

RENEWAL AGREEMENT WITH LEGAL AID, INC., RE: LEGAL SERVICES FOR INDIGENT RESIDENTS

Commissioner O'Brien stated he pulled this item; the County has already funded many non-profits; this is another one; every program is important; but there must be a limit to the County giving away taxpayers dollars. He noted if it is going to be this way, there needs to be a list.

Commissioner Ellis inquired is this funded by Statutes out of filing fees. Assistant County Manager Joan Madden responded this Contract has no dollars from the County budget; there is funding basis from filing fees; and this Contract outlines that in return for those public dollars that are received from filing fees, that legal services would be available for indigents through this; but there is no dollar amount connected to this Contract.

Commissioner Cook inquired do they submit a report on how many people they have assisted quarterly; with Mr. Trigg responding the County receives a monthly report, and they are averaging approximately 18 per month at the present time. Commissioner Cook inquired was this funded by the same mechanism last year; with Ms. Madden responding affirmatively, and it has been funded this way since approximately 1980. Ms. Madden noted at one point in time, Legal Aid was funded with County General Revenue dollars; the Florida Bar Foundation picked up some of that; and part of that budget that formerly was subsidized by General Fund is now picked up by the Florida Bar Foundation this year at approximately $80,000. Commissioner Cook noted these funds will not be returned to the General Fund even if the County does not use them for this specific purpose; with Ms. Madden responding they go directly to Legal Aid.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to execute Renewal Agreement with Legal Aid, Inc. to provide legal services for indigent residents from October 1, 1995 through September 30, 1996. Motion carried and ordered unanimously.

AGREEMENT WITH ADRIENNE S. HOWARD, RE: CARETAKER AT 1125 WEST KING STREET, COCOA, FOR SCAT CENTRAL TRANSIT FACILITY

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to execute Agreement with Adrienne S. Howard as caretaker at 1125 West King Street, Cocoa, for a period to end in May, 1996 to coincide with all other caretaker agreements. Motion carried and ordered unanimously.

APPROVAL OF OPEN PURCHASE ORDER WITH ADAPCO, INC., RE: PURCHASE OF ADULTICIDES AND LARVICIDES

Commissioner Cook inquired does the County have documentation that this is a sole source; with Mosquito Control Director Jim Hunt responding it has letters from the suppliers. Commissioner Cook noted there is no other supplier of this particular material that is available in Brevard County; with Mr. Hunt responding no.

Chairman Higgs inquired is there a generic one of these; with Mr. Hunt responding not of the materials that staff is specifying.

Commissioner Cook stated it seems difficult for him to understand that there is no other supplier of anything that is even generic. Mr. Hunt responded what happens with all of the materials, and he will use Adapco, Inc. as the main source, is that the chemical companies like the material supplier of Dibrom 14 is Valiant; they designate Adapco, Inc. as the supplier for them in the State of Florida and the southeastern part of the United States; Adapco is the supplier for the manufacturer; and that is how they handle it.

Commissioner Ellis noted it is like a franchise; with Mr. Hunt responding that is correct. Commissioner Ellis stated that makes sense. Chairman Higgs inquired is the chemical composition something so unique it could not be generically advertised. Mr. Hunt stated on the Dibrom 14, there is only one Dibrom 14 that is made; there is no other material compatible with it; the same thing with Altosid; and there is only one Altosid made. Chairman Higgs inquired is there something just like it; with Mr. Hunt responding no.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve open purchase order to Adapco, Inc. for approximately $305,000 to cover the cost of adulticides and larvicides for FY 1995-96.

Commissioner Cook requested Mr. Hunt provide him with the documentation.

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

APPROVAL OF OPEN PURCHASE ORDER WITH WITCO CORPORATION, RE: PURCHASE OF GOLDEN BEAR LARVICIDE

Commissioner Cook stated his concern on this item is the same as the previous item; it is significant amounts of money; and it goes to a single sole source and sole manufacturer.

Mr. Hunt advised all the materials are that way. Commissioner Cook stated it seems unusual; he accepts what staff is saying; but he would like to see the documentation to insure that it is going to a sole source.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve open purchase order with Witco Corporation for approximately $45,000 to cover the cost of golden bear larvicide for FY 1995-96. Motion carried and ordered unanimously.

APPROVAL OF OPEN PURCHASE ORDER WITH VECTEC, INC., RE: PURCHASE OF ALTOSID LIQUID LARVICIDE

Commissioner Cook stated this item is the same as the previous two; and Vectec, Inc. is the sole source supplier of this material in the southeast part of the United States. He inquired is this the material that the County needs to perform the function; with Mr. Hunt responding affirmatively.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to approve open purchase order with Vectec, Inc. for approximately $36,900 to cover the cost of altosid liquid larvicide for FY 1995-96. Motion carried and ordered unanimously.

REMOVAL FROM INVENTORY, RE: SURPLUS VEHICLES AND MISCELLANEOUS EQUIPMENT BY PUBLIC AUCTION

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve public sale of County-owned surplus vehicles and equipment declared uneconomical by custodians; and grant permission for Property Control Section to accept or reject high bids using their experience from previous sales. Motion carried and ordered unanimously. (

RESOLUTION, RE: COMMENDING DR. WALTER A. CERRATO

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution commending Dr. Walter A. Cerrato, expressing appreciation for his unwavering commitment to the medical needs of the community, and wishing him all the best in his retirement. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Commissioner O'Brien stated on Page 315, an RN is being paid the same amount as a doctor; on Page 331, Dr. McCarthy is paid only $100; Dr. Ellis is getting paid $150 and so is the RN; and there is a disparity. He noted on Pages 322, 323 and 324, Dr. Burton Podnos is charging $275 per client; there is no time listed; there is no way of knowing what the County is paying for; and he would like to pull the aforementioned items which are on Pages 315, 322, 323, 324, 325, and 331.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to delete Pages 315, 322, 323, 324, 325 and 331 due to disparity in physicians' fees; and request additional information on the bills in question. Motion carried and ordered unanimously.

Commissioner Cook stated there should be some sort of standard fees paid when there are identifiable circumstances that are the same over and over again; and when the Board asks for backup and more information, he hopes it can be as specific as possible.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve Bills and Budget Transfers, except those items previously pulled on Pages 315, 322, 323, 324, 325, and 331. Motion carried and ordered unanimously.

WARRANT LIST

Upon motion and vote, the meeting adjourned at 8:49 p.m.

ATTEST:

SANDY CRAWFORD, CLERK

(S E AL)

NANCY N. HIGGS, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA