The Board of County Commissioners of Brevard County, Florida, met in regular session on October 1, 1996, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Mark Cook, Commissioners Truman Scarborough, Randy O?Brien, Nancy Higgs, and Scott Ellis, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Reverend Ron Meyr, Viera Faith Lutheran Church, Viera.

Commissioner Mark Cook led the assembly in the Pledge of Allegiance.

ANNOUNCEMENT, RE: DEDICATION OF THE JOHN HURDLE BRIDGE

Commissioner O?Brien announced the John Hurdle Bridge, which is north of Kiwanis Park on Sykes Creek Drive, will be dedicated on Thursday, October 3, 1996.

APPOINTMENT, RE: SOUTH MAINLAND COMMUNITY CENTER ADVISORY BOARD

Commissioner Higgs requested one additional member be added to the South Mainland Community Center Advisory Board.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to appoint Matilda Anzalone, 421 North Seagull, Barefoot Bay, to the South Mainland Community Center Advisory Board. Motion carried and ordered unanimously.

APPOINTMENT, RE: ECONOMIC DEVELOPMENT COMMISSION OF EAST CENTRAL FLORIDA

Motion by Commissioner O?Brien, seconded by Commissioner Cook, to appoint Tom Wasdin to the Economic Development Commission of East Central Florida replacing Joseph Marcheso. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - SERENE HARBOR REPRESENTATIVE, RE: RESOLUTION DECLARING DOMESTIC VIOLENCE AWARENESS MONTH

Commissioner Higgs read aloud a resolution declaring Domestic Violence Awareness Month.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt a Resolution declaring the month of October, 1996 as Domestic Violence Awareness Month. Motion carried and ordered unanimously.

A representative from Serene Harbor thanked the Board for the Resolution.

FINAL ENGINEERING APPROVAL, RE: DIKE ROAD EXTENSION PAVING

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to grant final engineering approval for Dike Road Extension Paving, subject to minor engineering changes as applicable. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: AQUARINA, PARCEL L, OSPREY VILLAS

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to grant final plat approval for Aquarina, Parcel L, Osprey Villas, subject to minor changes if necessary and receipt of all documents required for recording. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: OCEAN GARDEN VILLAGE, PHASES I AND II

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to grant final plat approval for Ocean Garden Village, Phases I and II, subject to minor changes if necessary and receipt of all documents required for recording. Motion carried and ordered unanimously.

AGREEMENT WITH AUGUSTA VILLAGE AT SUNTREE HOMEOWNERS ASSOCIATION, INC., RE: ACCEPTING DAWSON DRIVE AND GRIFFIN LANE

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to execute Agreement with Augusta Village at Suntree Homeowners Association, Inc. accepting Dawson Drive and Griffin Lane for maintenance, subject to the entire existing stormwater system serving the roads remaining the maintenance responsibility of the Augusta Village Homeowners? Association, the existing gas lighting system in the roadside easements being fully converted to electric service at the expense of the Homeowners? Associations, all legal and recording fees associated with preparing and executing documents to effect the conversion of the roads being the responsibility of the Homeowners? Association, provision by the Homeowners? Association of evidence of good title through title insurance or opinion of title from a licensed real estate attorney, and the Homeowners? Association entering into an agreement to provide maintenance of the stormwater systems serving the roads in perpetuity. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF ORDINANCE NO. 96-35 FROM CITY OF PALM BAY, RE: VOLUNTARY ANNEXATION OF REAL PROPERTIES

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to acknowledge receipt of Ordinance No. 96-35 from the City of Palm Bay for voluntary annexation of real property fronting on the west side of Babcock Street, approximately 400 feet north of Palm Bay Road into the City. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF ORDINANCE NO. 96-36 FROM CITY OF PALM BAY, RE: VOLUNTARY ANNEXATION OF REAL PROPERTIES

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to acknowledge receipt of Ordinance No. 96-36 from the City of Palm Bay for voluntary annexation of real property fronting on the west side of Babcock Street, approximately 800 feet north of Palm Bay Road into the City. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE AND ADDENDUM WITH MARY JEAN SATTERWHITE AND HELEN D. NUSBAUM, TRUSTEES OF THE JOHN H. SATTERWHITE 1987 TRUST, RE: PROPERTY FOR PORT ST. JOHN CONNECTOR ROAD

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to execute Contract for Sale and Purchase and Addendum with Mary Jean Satterwhite and Helen D. Nusbaum, Trustees of the John H. Satterwhite 1987 Trust for property for Port St. John Connector Road. Motion carried and ordered unanimously.

RESOLUTIONS, COUNTY DEEDS, AND PURCHASE AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION, RE: TRANSFERRING PORTION OF MALABAR ROAD TO FDOT

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to adopt Resolutions; approve County Deeds; authorize transfer of all Brevard County interest in a portion of Malabar Road from 800 feet west of Interstate 95 to Babcock Street to the Florida Department of Transportation; and authorize the Chairman to sign the necessary documents, along with the Purchase Agreement providing that FDOT will reimburse $44,617.50 to the County for property recently purchased for the Malabar Road widening project. Motion carried and ordered unanimously.

APPROVAL OF CHANGE ORDER AND FINAL PAYMENT TO RKT CONSTRUCTORS, INC., RE: SOUTH PATRICK COMMUNITY PARK RESTROOM AND PAVILION CONSTRUCTION

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to approve Change Order No. 2 to Agreement with RKT Constructors, Inc. increasing time by 60 days, and final payment of $24,002.05 to the company for South Patrick Community Park restroom and pavilion construction. Motion carried and ordered unanimously.

CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY FOR HOLMES REGIONAL MEDICAL CENTER FIRST FLIGHT AND KENNEDY SPACE CENTER/CAPE CANAVERAL AIR STATION EMS

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to approve Certificate of Public Convenience and Necessity for Holmes Regional Medical Center First Flight and revised Certificates of Public Convenience and Necessity for Kennedy Space Center/Canaveral Air Station EMS. Motion carried and ordered unanimously.

RESOLUTION AMENDING RESOLUTION NO. 93-328, RE: FIRE PREVENTION INSPECTIONS FEE SCHEDULE

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to adopt Resolution amending Resolution No. 93-328, Fire Prevention Inspections Fee Schedule. Motion carried and ordered unanimously.

AGREEMENT AND ADDENDUM WITH THE CENTER FOR DRUG FREE LIVING, INC., RE: FLORIDA ANTI-DRUG ABUSE GRANT

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to execute Agreement and Addendum with The Center for Drug Free Living, Inc. to reflect reduction in payment from $100,900 to $67,500 for FY 1997 and changes in the term of the Agreement. Motion carried and ordered unanimously.

RESOLUTION AND AGREEMENT WITH VIETNAM VETERANS OF BREVARD, INC., RE: LEASE OF SPACE AT 1125 W. KING STREET, COCOA

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to adopt Resolution and execute Agreement with the Vietnam Veterans of Brevard, Inc. for lease of space at 1125 West King Street, Cocoa at a cost of $1 per year. Motion carried and ordered unanimously.

TDC GRANT AGREEMENTS WITH BREVARD COUNTY ALTERNATIVE COMMUNITY SERVICES, KEEP BREVARD BEAUTIFUL, AND STATE ATTORNEY, AND BUDGET CHANGE REQUEST, RE: BEACH CLEAN-UP FUNDS

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to execute Tourist Development Council Grant Agreements with Brevard County Alternative Community Services at $117,195, Keep Brevard Beautiful at $13,000, and the State Attorney?s Office at $47,000 for total of $177,195 for FY 1997 Category B, Beach Clean-up funds; and approve Budget Change Request. Motion carried and ordered unanimously.

AGREEMENTS AND BUDGET CHANGE REQUEST, RE: TDC CAPITAL FACILITIES GRANTS

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to execute Tourist Development Council Grant Agreements with Brevard Community College, Brevard County Stradley Park, Astronaut Hall of Fame, Valiant Air Command, City of Palm Bay, Brevard Museum of Art and Science, The Henegar Center, and Town of Melbourne Beach in the amount of $152,500 for FY 1997 Category C, Capital Facilities Grants; and approve Budget Change Request.

APPROVE AWARDS, RE: TDC CULTURAL EVENTS GRANTS

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to approve awarding $68,000 for eight FY 1997 cultural events matching grants from the Cultural Events Category of 5% of the first two cents of the 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 Space Coast Philharmonic. Motion carried and ordered unanimously.

APPROVAL, RE: FY 1997 OPEN PURCHASE ORDER WITH BREVARD CULTURAL ALLIANCE

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to approve open purchase order with Brevard Cultural Alliance in the amount of $107,073 for expenditures in Office of Tourism/Tourist Development Council Cultural Events Fund. Motion carried and ordered unanimously.

PERMISSION TO BID AND AWARD BID, RE: CONSTRUCTION OF OFFSITE MITIGATION FOR CENTRAL DISPOSAL FACILITY EXPANSION

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to grant permission to advertise bids for construction services for the offset mitigation required for expansion of the Central

Disposal Facility, and award bid to the lowest qualified bidder; and authorize the Chairman to execute an Agreement for the project. Motion carried and ordered unanimously.

AWARD OF BID #B-1-6-107 AND CONTRACT WITH P. W. HEARN, INC., RE: MERRITT ISLAND PUBLIC LIBRARY ADDITIONS AND RENOVATIONS

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to award Bid #B-1-6-107, Merritt Island Public Library Additions and Renovations, to P. W. Hearn Construction, Inc. at $1,050,000. Motion carried and ordered unanimously.

APPROVAL OF REVISED POLICY BCC-8, RE: TANGIBLE PERSONAL PROPERTY

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to approve revised Policy BCC-8, Tangible Personal Property, increasing the value of accountability from $250 to $400, and making other revisions necessary due to reorganization changes. Motion carried and ordered unanimously.

PERMISSION TO BID, RE: DETENTION CENTER LAUNDRY AND WAREHOUSE FACILITY

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to grant permission to bid construction of the Detention Center Laundry and Warehouse Facility. Motion carried and ordered unanimously.

APPROVAL OF CHANGE ORDER NO. 3 WITH RKT CONSTRUCTORS, INC., RE: THERMAL ENERGY STORAGE SYSTEM AT HISTORIC TITUSVILLE COURTHOUSE

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to approve Change Order No. 3 to Agreement with RKT Constructors, Inc. for construction of a thermal energy storage system at the Historic Titusville Courthouse, increasing cost by $5,276.57 for a new total of $273.165.03, and time by ten days. Motion carried and ordered unanimously.

APPOINTMENT, RE: CITIZEN ADVISORY BOARD

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to appoint Kathryn Kowalski, 201 Orlando Avenue, Indialantic, to the Planning and Zoning Board replacing Jack Wingo. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to approve Bills and Budget Transfers as submitted. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION OF LEGAL ACTION IN LESTRANGE V. BREVARD COUNTY

Chairman Cook called for the public hearing to consider a resolution of legal action in the case of Lestrange v. Brevard County.

There being no comment or objection heard, motion was made by Commissioner Higgs, seconded by Commissioner Ellis, to authorize settlement of all claims in the case of Lestrange v. Brevard County for a total of $36,250 including attorney?s fees and costs. Motion carried and ordered unanimously.

DISCUSSION AND DIRECTION, RE: MERRITT ISLAND REUSE SURVEY

Assistant County Manager Stephen Peffer advised of a survey taken to determine whether the residents of Merritt Island wish to have reuse water made available to them.

Commissioner O?Brien outlined the results of the survey which indicated the majority of the residents are unwilling to pay for reuse water; and stated that ends the issue.

APPROVAL OF AMENDED POLICY AND FUNDING RECAPTURE PROVISION, RE: FIRST TIME HOME BUYER PROGRAM

Assistant County Manager Joan Madden outlined options developed at the direction of the Board for the First Time Home Buyer Program, (1) to retain the current recapture provision; (2) to amend the recapture provision to continue responsibility for repayment until the home is sold, the owner ceases to use the home as his or her principal residence, or the owner or the owner?s spouse as survivor, dies; (3) to amend the recapture provision to reflect current HOME Program regulations; and (4) amend the recapture provisions so that the debt to the County is forgiven at the end of the total repayment of the first mortgage lien.

Commissioner Ellis inquired about the legal issues. County Attorney Scott Knox advised of the necessity to have an established lien period and termination date.

Discussion ensued on concerns about administrative cost, due on transfer clauses, lien period, and provision so a surviving spouse is not forced to pay in full.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve the amended Recapture Policy for the First Time Home Buyers Program including a 30-year lien and a due on transfer clause; and authorize the County Manager or his designee to execute Agreements with homebuyers for down payment and closing cost assistance. Motion carried and ordered unanimously.

Housing and Human Services Director Bernice Jackson inquired if the action will affect all current applicants who have applied but have not been approved; with Chairman Cook responding affirmatively.

CHANGE ORDER NO. 5 WITH SATURN BUILDERS OF BREVARD, INC., RE: RELEASE OF FINAL RETAINAGE FOR NORTH TITUSVILLE GARDENS

Commissioner O?Brien inquired where does the $8,700 credit go; with staff responding it goes back into the HOME Program. Commissioner O?Brien inquired about the carpets; with staff advising the carpets in the first and second buildings did not meet the specifications; and the dollar settlement was negotiated.

Chairman Cook inquired about the status of the Can Am Holdings, Inc.; with Assistant County Manager Joan Madden advising of the current status of Can Am Holdings, Inc. and the North Titusville Gardens project.

County Attorney Scott Knox advised the matter is still in foreclosure; the County was not named as a party in the foreclosure; and the Agreement is still outstanding. He advised of a settlement agreement between the mortgage holder and the property owner whereby the mortgage holder will go forward with foreclosure, wipe out any subordinate liens, and take over the property subject to the Agreement with the County. Commissioner Ellis inquired if the mortgage holder is bound to do that; with Mr. Knox responding he has agreed to take it over subject to the terms and conditions of the Agreement. Commissioner Ellis expressed concern that the County?s lien could be wiped out during the foreclosure action. Mr. Knox advised the mortgage holder is attempting to execute a stipulation that acknowledges that the conditions are there which indicates good faith. Assistant County Manager Joan Madden advised of terms of the Agreement. Discussion ensued on the status of the Agreement and mortgage, the seven-year term, and the status of the apartments.

Motion by Commissioner Ellis, seconded by Commissioner Higgs, to approve Change Order No. 5 to Agreement with Saturn Builders of Brevard, Inc., for North Titusville Gardens, reflecting a credit of $8,700 for change in carpet specifications; and approve release of final adjusted retainage of $16,987,09 for the project. Motion carried and ordered unanimously.

RESCIND AGREEMENT WITH HERNDON TRANSPORT SERVICES, INC., PROVIDE TEMPORARY SERVICES UNDER PURCHASE ORDER, AND GRANT PERMISSION TO REBID SERVICE, RE: BODY TRANSPORT

Assistant County Manager Joan Madden advised of the background of the Agreement with Herndon Transport Services, the request for withdrawal, and the reason why there is no recommendation to move to the second low bidder. She outlined the staff recommendation to go out on a Purchase Order for 60 days of service with Coastal Transport, rescind the Agreement with Herndon Transport Services, Inc., and go back out to bid for a new vendor.

Commissioner O?Brien inquired about transport of bodies by funeral homes; with Ms. Madden explaining why certain bodies have to be transported to the Medical Examiner?s Office. Commissioner O?Brien inquired about having the Medical Examiner travel to the hospital; with Ms. Madden advising the facilities for autopsies are at the morgue.

Discussion ensued on the service area, performance bonds, whether funeral homes are precluded from transporting bodies to the Medical Examiner, Statutory requirements for autopsy, and location of the Medical Examiner?s Office.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to rescind Agreement with Herndon Transport Services, Inc. for body transport; approve temporary services under Purchase Order for 60 days with Coastal; and grant permission to rebid the service and include a performance bond. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - JAMES JACKSON, CHAIRMAN OF AFRICAN AMERICAN MALE SUMMIT, RE: AFRICAN AMERICAN MALE SUMMIT

James Jackson, representing the African American Male Summit, explained the purpose of the African American Male Summit to be held on October 26, 1996; and requested assistance in the amount of $2,000 to fund a speaker.

Chairman Cook spoke in support of the Summit.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve $2,000 for the African American Male Summit on October 26, 1996, from the Community Based Organization Fund.

Commissioner O?Brien advised he has difficulty supporting the request this year; the group was directed to go through the CBO process, but did not; and outlined other needs in the community.

Discussion ensued on priorities and the value of the event.

Chairman Cook requested the motion include permission to use SCAT buses for the event; with Commissioner Scarborough advising it is part of the motion.

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

PERSONAL APPEARANCE - MARY TEES, RE: PARKS IN PORT ST. JOHN AREA

Mary Tees advised of correspondence between County staff and Atlantic Gulf Communities concerning removal of the retro clause on the parcels to allow the County to utilize the parcels for uses other than parks; and emphasized the residents are opposed to the taking of the lands for any reason. She advised the residents have burdened themselves with a $5 million debt to fund two parks and a community facility, and are upset at the proposals to sell the parcels or swap them for a ditch. She advised the Port St. John residents would not be opposed to contacting the State Attorney about the Commission?s fiduciary responsibility to protect County property. She recommended the parks remain in Port St. John.

Commissioner Scarborough advised of a legal opinion from the County Attorney?s Office that indicates a quiet title suit would be necessary before the properties could be disposed of; and suggested referring the issue to the County Attorney for more information.

Commissioner O?Brien inquired if Ms. Tees represents the Port St. John Homeowners? Association; with Ms. Tees advising she is Vice President of the Homeowners? Association.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct the County Attorney to review the legal issues concerning parcels designated for parks in Port St. John and report to the Board. Motion carried and ordered unanimously.

AGREEMENT WITH D. J. WICKHAM, M.D., RE: MEDICAL EXAMINER SERVICES

Commissioner Scarborough advised of the lack of uniform policy for screening of bodies by the Medical Examiner. Housing and Human Services Director Bernice Jackson advised Dr. Wickham has agreed to added contract language, ?all physical examinations of bodies which must, in the opinion of the Medical Examiner, be conducted at a crime scene shall be draped so as to prevent the general public from viewing the examination.?

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Agreement with Dennis J. Wickham, M.D. for medical examiner services in the amount of $232,700.76 from October 1, 1996 through September 30, 1997, including amended language as follows: ?All physical examinations of bodies which must, in the opinion of the Medical Examiner, be conducted at a crime scene shall be draped so as to prevent the general public from viewing the examination.?

Commissioner O?Brien suggested use of tents to screen the bodies. Chairman Cook called for a vote on the motion. Motion carried and ordered unanimously.

AUTHORIZE CHAIRMAN TO EXECUTE AGREEMENTS AND AUTHORIZE COUNTY MANAGER OR DESIGNEE TO EXECUTE FUTURE AGREEMENTS, RE: COMMUNITY DEVELOPMENT OWNER OCCUPIED HOUSING REHABILITATION PROGRAM FUNDS

Motion by Commissioner Scarborough, to authorize the Chairman to execute Agreements with Gertrudia Cuyler, L. H. and Katherine Johnson, Mae Barton, Crandall and Fay Bell Warren, Mary Anderson, Louise Harris, Nancy Brightman, Delores Sliger, Brenda Stewart, Oland J. and Virginia Kershaw, and Marilyn S. Curran for Community Development Owner Occupied Housing Rehabilitation Program funds. Motion died for lack of a second.

Chairman Cook inquired if the loans still go up to $29,000, and if it is the desire of the Board to cap it at less than that. Assistant County Manager Joan Madden advised the cap is in the Policies and Procedures, but could be changed. Planner Elizabeth Swanke explained the difference in the two assistance programs. Chairman Cook advised the Board capped both programs at $10,000. Discussion ensued on the cap, rehabilitation costs compared to appraised values, limitations of the replacement housing program, CDBG requirements, repeat applications as a result of lower caps, and health and safety requirements.

Commissioner O?Brien inquired about maintenance of the repaired houses. Ms. Swanke advised the philosophy is to help maintain people, many of whom are below 35% median income, in their houses. Discussion ensued on where to house displaced people, inability to use mobile homes under the programs, and lowering the cap.

Commissioner Higgs inquired how long the present applicants have been on the waiting list; with Ms. Swanke responding since 1994, and the waiting list will go through December, 1997. Commissioner Higgs advised of previous Board action shifting rehabilitation to the HOME and SHIP funds and away from CDBG funds. She suggested approving the applications under consideration at the established limit of $29,000, and that any future applications would be under a new limit. Commissioner O?Brien stated the length of waiting time has no relevance; and explained why he cannot agree with the upward limit. Chairman Cook reiterated his belief that the Board previously capped the repairs at $10,000. Commissioner Scarborough inquired about the appraised values of the houses being considered for rehabilitation.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to table consideration of Agreements with Gertrudia Cuyler, L. H. and Katherine Johnson, Mae Barton, Crandall and Fay Bell Warren, Mary Anderson, Louise Harris, Nancy Brightman, Delores Sliger, Brenda Stewart, Oland J. and Virginia Kershaw, and Marilyn S. Curran for Community Development Owner Occupied Housing Rehabilitation Program funds to the November 12, 1996 Board meeting to get additional information on lowering the cap. Motion carried and ordered unanimously.

PERMISSION TO ISSUE OPEN PURCHASE ORDERS EXCEEDING $35,000 TO VENDORS OF RECORD AND INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS, RE: MATERIALS, SERVICES, AND OEM REPAIRS AND PARTS

Chairman inquired what kind of orders did the County have over $35,000; with Assistant to County Manager Stockton Whitten responding purchase or services on heavy industrial equipment. Mr. Whitten explained the action would allow the agencies to issue open purchase orders over $35,000 to sole source vendors, vendors from State bids, and Cooperative Purchasing Program vendors. County Manager Tom Jenkins advised it is primarily for parts, materials and services. Commissioner Higgs expressed concern about purchasing without competitive bids.

Discussion ensued on the vendor list, Department recommendations for vendors, sole source distributors, and use of comparable generics. Mr. Whitten suggested requiring the Department to obtain at least three quotes prior to committing the purchase order. Mr. Jenkins noted that may not work if there is only one supplier.

Jim Hunt, Mosquito Control Director, advised of the sole source supplier of the chemicals used for Mosquito Control, and the necessary testing.

Commissioner Scarborough suggested relying on the expertise of staff. Commissioner O?Brien related his own experience with generics which were unsuitable. Discussion ensued on sole source distributors, price differences in original equipment and generic equipment, competition, and sales territories. Mr. Jenkins advised of items on the list which have been bid by another governmental agency.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to grant permission to issue open purchase orders exceeding $35,000 for materials, services, and original equipment manufacturer repairs and parts to approved vendors of record and intergovernmental cooperative purchasing agreements; and direct the County Manager to provide additional information, including current spending, projected spending, and justification for the sole source. Motion carried and ordered unanimously.

PUBLIC COMMENT, RE: VESTED RIGHTS DETERMINATION FEE WAIVER

James Van Artsdalen requested a vested rights determination.

Commissioner Scarborough advised of the background of Mr. Van Artsdalen?s problem, the available options, and the fees. He stated the issue is whether to waive the $1,000 filing fee. Planner Mel Scott advised of the vested rights requirements; and indicated concern about staff waiving the fee. Motion by Commissioner Scarborough, seconded by Commissioner Cook, to waive fees for Vested Rights Determination for James W. Van Artsdalen. Motion carried and ordered unanimously.

Commissioner Higgs requested the issue of the fee on the vested rights determination come back to the Board for discussion.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct staff to come back with information for discussion on fees for vested rights determination. Motion carried and ordered unanimously.

Mr. Van Artsdalen suggested the Board look at all of its Ordinances. Discussion ensued on the cost of the Mr. Van Artsdalen?s home.

PUBLIC COMMENT, RE: WATER LINE FOR FLORA AND FAUNA SUBDIVISION

Chaeli Beckham described the Flora and Fauna Subdivision, and outlined previous actions including surveys and engineering estimates. She explained the negative responses to the survey were based on the charge for the improvement and recommended reducing the required 75% majority or offering an alternative plan.

Chairman Cook explained why the 75% majority was set. Commissioner Ellis suggested bidding the project and resurveying based on a firm expense, with the bidders understanding the project may or may not be done. Staff noted the necessity of expending funds in order to design and bid. Discussion ensued on the cost and use of design/build.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to direct staff to move forward with a design/build bid for a water line for Flora and Fauna Subdivision, with the understanding the project may not be done unless there is a favorable survey of residents. Motion carried and ordered unanimously.

PRESENTATION

Chairman Cook advised Florida TODAY reporter Dennis Thompson will be moving to Delaware; and presented copies of videos of past Board meetings to Mr. Thompson.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 10:36 a.m.

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

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