The Board of County Commissioners of Brevard County, Florida, met in regular session on March 26, 1996, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 St. Johns Street, 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 Father Francis Smith, Pastor of Ascension Catholic Church, Melbourne, Florida.

Chairman Cook led the assembly in the Pledge of Allegiance.

ITEMS PULLED FROM CONSENT AGENDA

County Manager Tom Jenkins advised the Community Based Organization Funding Advisory Committee requested Item III.B.2 be removed from the Consent Agenda and rescheduled for April 16, 1996.

Commissioner Higgs inquired how this will affect getting it ready for the budget; with Assistant County Manager Joan Madden responding it will not delay it.

Commissioner Scarborough requested Item III.B.11 be pulled from the Consent Agenda for discussion.

APPROVAL, RE: ACTION FOR PORT ST. JOHN MSTU PROJECTS

Commissioner Scarborough stated the Port St. John MSTU referendums passed; and requested Board action.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to direct Financial Advisor Tom Holley to work with the Finance Committee to turn the commercial paper into a bonded indebtedness; authorize the A&E firm to move forward as soon as possible to finalize work at the Off-Road Vehicle Park; approve an appraisal on the property to be purchased; and direct the County Attorney to contact Atlantic Gulf, owner of the property. Motion carried and ordered unanimously.

Chairman Cook advised the contracts will come back to the Board; with Commissioner Scarborough advising everything will come back.

REPORT, RE: TRAVEL TO LOBBY FOR BEACH RESTORATION AND MITIGATION

Commissioner O?Brien advised he and a staff member traveled to Tallahassee on March 14 to attend a meeting of the Florida Shore and Beach Preservation Association; and outlined his lobbying efforts with Legislative Director Deborah Flack and Deputy Secretary for Department of Environmental Protection Kirby Green. He advised of the two funding tracks from the Legislature, hurricane funding at an estimated $34.8 million and beach restoration projects at an estimated $10 million with another $5 million from another funding source. He stated Ms. Flack explained how projects would be ranked and the criteria, and she emphasized the need for well organized local support and a strong legislative delegation. He advised of other lobbying efforts with representatives of the Department of Environmental Protection Lonnie Ryder, Hal Bean, Paden Woodruff and Bob Lutz as well as Mike Walther who is President of Coastal Technology Corporation. He advised the cost of the trip was $48; and they were successful in touching base and catching up with what the County has to know. He stated on March 21, 1996, he went to Washington, D.C. to appear before the Transportation and Infrastructure Committee along with Congressman Weldon; and advised of the County?s ranking among 250 projects. He outlined his lobbying efforts with Congressman Fowler from Jacksonville, Congressman Bob Franks, Congressman John Mica, Congressman Bill Martini, Congressman Bill Baker, and Congressman Corrine Brown. He stated the channel cut at Port Canaveral has been robbing the County?s beaches of sand for 30 to 40 years; a promise made in 1962 by the Corps of Engineers to mitigate has not been kept; the County is losing the dunes; and it is time for the federal government to keep its promise. He described problems with endangered sea turtles caused by beach erosion; advised many counties and states do not have programs such as the EELs program; there is a $500 million tourist industry; and TDC funding to match state funding is building. He stated he was advised the state would not provide funding unless the federal government participates. He noted Mayor Joe Morgan of Cocoa Beach was also lobbying in Washington, D. C. on behalf of beach renourishment and restoration; and advised of the united front presented by Congressman Weldon, Congressman Mica, Senator Mack, the Port Canaveral Commission, the Mayors of Cocoa Beach and Cape Canaveral and the County Commission. He thanked the Board for allowing him to go to Washington, D.C.; and advised the cost of the trip was $608.

REPORT, RE: VOTING PRECINCTS IN INDIAN RIVER COLONY CLUB

Chairman Cook stated he got a letter from State Representative Posey expressing concern about the voting precinct in Indian River Colony Club; and requested the County Manager to meet with the Supervisor of Elections to review the matter.

Commissioner Ellis advised he sent a letter to the County Attorney making that request; and the County has the authority to establish voting precincts; with Commissioner O?Brien agreeing.

Chairman Cook requested Mr. Jenkins provide a report.

PERMISSION TO EXECUTE DEED, RE: ATLANTIC INVESTMENT SYSTEMS, INC.

Chairman Cook requested permission to execute a corrected Deed for a parcel of real property sold in 1988 to Atlantic Investment Systems, Inc.; and advised the purchaser?s name was incorrect on the original Deed.

Motion by Commissioner O?Brien, seconded by Commissioner Ellis, to authorize the Chairman to sign the corrected Deed to Atlantic Investment Systems, Inc. Motion carried and ordered unanimously.

Chairman Cook requested Items III.A.28, III.B.4, III.D.16, and III.E.7 be pulled from the Consent Agenda for discussion.

RESOLUTION, RE: PROCLAIMING BUILDING SAFETY WEEK

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution proclaiming the week of April 7 through 13, 1996 as Building Safety Week. Motion carried and ordered unanimously.

RESOLUTION, RE: NAMING JUDY KAY ROAD

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution naming Judy Kay Road in Township 29, Range 38 East, Section 31. Motion carried and ordered unanimously.

RESOLUTION, RE: NAMING FLYPARK DRIVE

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution naming Flypark Drive at Rockledge Airpark. Motion carried and ordered unanimously.

RESOLUTION AND CONTRACT WITH THE VIERA COMPANY, RE: SIDEWALK CONSTRUCTION FOR VIERA TRACT N, PHASE 2, UNIT 3B

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution releasing contract dated January 25, 1994, and execute Contract with The Viera Company for sidewalk construction in Viera Tract N, Phase 2, Unit 3B. Motion carried and ordered unanimously.

CONTRACT WITH LOVE MOBILE HOMES, RE: GUARANTEEING SIDEWALK IMPROVEMENTS FOR BROZMAN ESTATES

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Contract with Love Mobile Homes guaranteeing sidewalk improvements in Brozman Estates. Motion carried and ordered unanimously.

CONTRACT WITH THE VIERA COMPANY, RE: GUARANTEEING SIDEWALK IMPROVEMENTS FOR VIERA TRACT N, UNIT 2, PHASE 3A

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Contract with The Viera Company guaranteeing sidewalk improvements in Viera Tract N, Unit 2, Phase 3A. Motion carried and ordered unanimously.

CONTRACT WITH THE VIERA COMPANY, RE: GUARANTEEING SIDEWALK IMPROVEMENTS FOR VIERA CA 1 AND 2, PHASES 1 AND 2

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Contract with The Viera Company guaranteeing sidewalk improvements in Viera CA1 and 2, Phases 1 and 2. Motion carried and ordered unanimously.

CONTRACT WITH THE VIERA COMPANY, RE: GUARANTEEING SIDEWALK IMPROVEMENTS FOR VIERA TRACT MM/QQ 4, 5 AND 6

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Contract with The Viera Company guaranteeing sidewalk improvements in Viera Tract MM/QQ 4, 5 and 6. Motion carried and ordered unanimously.

CONTRACT WITH DEERFIELD GROVES PARTNERSHIP, RE: GUARANTEEING SIDEWALK IMPROVEMENTS FOR SUNSET LAKES, PHASE II

I Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Contract with Deerfield Groves Partnership guaranteeing sidewalk improvements in Sunset Lakes, Phase II. Motion carried and ordered unanimously.

CONTRACT WITH WINDSOR DEVELOPMENT COMPANY, INC., RE: GUARANTEEING SIDEWALK IMPROVEMENTS FOR WINDSOR ESTATES PHASE I

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Contract with Windsor Development Company, Inc. guaranteeing sidewalk improvements in Windsor Estates, Phase I. Motion carried and ordered unanimously.

CONTRACTS WITH THE VIERA COMPANY, RE: GUARANTEEING SIDEWALK AND INFRASTRUCTURE IMPROVEMENTS FOR VIERA TRACT G1, PHASE 2

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Contracts with The Viera Company guaranteeing sidewalk and infrastructure improvements in Viera Tract G1, Phase 2. Motion carried and ordered unanimously.

CONTRACTS WITH THE VIERA COMPANY, RE: GUARANTEEING SIDEWALK AND INFRASTRUCTURE IMPROVEMENTS FOR VIERA NORTH TRACT G2, PHASE 2

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Contracts with The Viera Company guaranteeing sidewalk and infrastructure improvements in Viera North, Tract G2, Phase 2. Motion carried and ordered unanimously.

CONTRACTS WITH THE VIERA COMPANY, RE: GUARANTEEING SIDEWALK AND INFRASTRUCTURE IMPROVEMENTS FOR VIERA CA 1 AND CA 2, PHASE 4

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Contracts with The Viera Company guaranteeing sidewalk and infrastructure improvements in Viera CA1 and CA2, Phase 4. Motion carried and ordered unanimously.

CONTRACT AND AGREEMENT WITH OCEAN RIDGE, LTD., RE: GUARANTEEING SIDEWALK AND INFRASTRUCTURE IMPROVEMENTS FOR OCEAN RIDGE SUBDIVISION

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Contract and Agreement with Ocean Ridge, Ltd. guaranteeing sidewalk and infrastructure improvements in Ocean Ridge Subdivision. Motion carried and ordered unanimously.

EXTENSION AGREEMENT WITH SIGNATURE DEVELOPMENT CORPORATION, RE: SIDEWALK IMPROVEMENTS FOR WINGATE RESERVE SUBDIVISION

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Extension Agreement with Signature Development Corporation for sidewalk improvements in Wingate Reserve Subdivision. Motion carried and ordered unanimously.

AGREEMENT WITH CLARENCE AND JEAN KIMBALL, RE: BUILDING PERMIT OFF EXISTING RIGHT-OF-WAY

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Unpaved Road Agreement with Clarence and Jean Kimball for a building permit off an existing County right-of-way constructed to the standards of the Unpaved Road Ordinance 93-27. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: THE CLOISTERS, PHASE III B

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

PRELIMINARY PLAT APPROVAL, RE: OCEAN GARDEN VILLAGE

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant preliminary plat approval for Ocean Garden Village, subject to minor changes, if necessary, receipt of all documents required for recording, and approval not relieving the developer from obtaining all other necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: VIERA CA1 AND CA2, PHASE 4

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant final plat approval for Viera CA1 and CA2, Phase 4, subject to minor changes, if necessary, receipt of all documents required for recording, and approval not relieving the developer from obtaining all other necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: MELBOURNE SHORES TOWNHOMES

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

FINAL PLAT APPROVAL, RE: SUNTREE ESTATES, PHASE 2

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

FINAL PLAT APPROVAL, RE: SUNTREE NORTH PHASE III, DEVON?S GLEN, UNIT 2

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant final plat approval for Suntree North Phase III, Devon?s Glen, Unit 2, subject to minor changes, if necessary, receipt of all documents required for recording, and approval not relieving the developer from obtaining all other necessary jurisdictional permits. Motion carried and ordered unanimously.

WAIVER OF ADMINISTRATIVE FINES AND RELEASE/SATISFACTION OF LIEN, RE: GREGORY AND HANG MANN

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Waiver of Administrative Fines and Release/Satisfaction of Lien for Gregory and Hang Mann on property located at 1310 Newfound Harbor Drive, Merritt Island. Motion carried and ordered unanimously.

WAIVER OF ADMINISTRATIVE FINES AND RELEASE/SATISFACTION OF LIEN, RE: S. SCOTT SULLIVAN

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Waiver of Administrative Fines and Release/Satisfaction of Lien for S. Scott Sullivan on property located at 2057 Rockledge Drive, Rockledge. Motion carried and ordered unanimously.

CONDITIONAL WAIVER OF ADMINISTRATIVE FINES AND RELEASE OF LIEN, RE: ARTHUR THOMAS EGENDOERFER

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Conditional Waiver of Administrative Fines and Release of Lien for Arthur Thomas Egendoerfer on property located at 810 Jacaranda Street, Merritt Island, providing a building permit is obtained by April 20, 1996. Motion carried and ordered unanimously.

PERMISSION TO USE CASH PERFORMANCE BOND, RE: COMPLETION OF DRAINAGE WORK IN RIVER OAKS PLANTATION

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant permission to use cash performance bond posted by Conrad Nagel in the amount of $1,500 for completion of drainage work in River Oaks Plantation. Motion carried and ordered unanimously.

RESOLUTION, RE: REAUTHORIZATION OF INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT REDUCTION OF FUNDING CATEGORIES

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution requesting the U.S. Congress consider reducing number of funding categories in the reauthorization of the Intermodal Surface Transportation Efficiency Act to provide greater flexibility in funding priority rural transportation projects. Motion carried and ordered unanimously.

ACKNOWLEDGE ORDINANCE FROM CITY OF WEST MELBOURNE, RE: VOLUNTARY ANNEXATION OF CERTAIN REAL PROPERTIES

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to acknowledge Ordinance No. 96-8 from the City of West Melbourne, advising of voluntary annexation of approximately 5.07 acres in District 5. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING FILING OF GRANT APPLICATION FOR F.I.N.D. FUNDING TO SUPPLEMENT DISTRICT 2 DREDGING PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution authorizing the Public Works Department to apply for a grant from the Florida Inland Navigation District (F.I.N.D.) for funding to supplement the District 2 Dredging Program. Motion carried and ordered unanimously.

AGREEMENT WITH HOLIDAY SPRINGS AT SUNTREE, AND SUNTREE COMMUNITY DEVELOPMENT, INC., RE: LANDSCAPING IMPROVEMENTS WITHIN RIGHT-OF-WAY OF DEDICATED STREETS IN HOLIDAY SPRINGS AT SUNTREE

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Agreement with Holiday Springs at Suntree, and Suntree Community Development, Inc. authorizing landscaping improvements within the right-of-way of dedicated streets in Holiday Springs at Suntree. Motion carried and ordered unanimously.

TASK ORDER WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC., RE: ENGINEERING DESIGN SERVICES FOR UPPER EAU GALLIE DRAINAGE BASIN

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Task Order #53709-92-004-07 with Post, Buckley, Schuh & Jernigan, Inc. to provide engineering design services associated with performing a master drainage analysis for the Upper Eau Gallie Drainage Basin. Motion carried and ordered unanimously.

TASK ORDER WITH STOTTLER STARMER & ASSOCIATES AND PERMISSION TO NEGOTIATE AND PURCHASE LAND FOR CANAL IMPROVEMENTS, RE: ENGINEERING DESIGN SERVICES FOR AURORA ROAD OUTFALL WEST OF I-95

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Task Order #53709-92-005-13 with Stottler Starmer & Associates for engineering services associated with drainage and detention pond improvements for Aurora Road Outfall west of I-95; and authorize negotiations and purchase of land for canal improvements. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE, RE: TWO PORTABLE STORMWATER PUMPS

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize staff to purchase two 24-inch diameter portable stormwater pumps at $208,260 from Surface Water Improvement Trust Funds. Motion carried and ordered unanimously.

AUTHORIZATION TO RENEW SOFTWARE MAINTENANCE AND SUPPORT SERVICES WITH HAMER ENTERPRISES AS PROPRIETARY SOURCE, RE: OFF-THE-SHELF SOFTWARE PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize execution of Agreement with Hamer Enterprises to renew the Software Maintenance and Support Services at $12,600 from April 7, 1996 through January 6, 1997. Motion carried and ordered unanimously.

REAPPOINTMENTS, RE: BREVARD VETERANS MEMORIAL PARK ADVISORY BOARD

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to reappoint the following to the Brevard Veterans Memorial Park Advisory Board: George Cipoletti, reappointed by Commissioner Scarborough; Adam Flores, reappointed by Commissioner O?Brien; Raymond Blaquiere, reappointed by Commissioner Higgs; Clement Schmitt, reappointed by Commissioner Cook; Timothy Joyner, reappointed by Commissioner Ellis; Jimmey Morrell, reappointed by Senator Charlie Bronson; John Brown, reappointed by Senator Patsy Kurth; Jonah Britt, reappointed by Representative Bill Posey; Peter Dilavore, reappointed by Representative Howard Futch; Lester Rentmeester, reappointed by Representative Harry Goode; and James Wiggins, reappointed by Representative Randy Ball. Motion carried and ordered unanimously.

RESOLUTION AND DEED OF CONSERVATION EASEMENT TO ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, RE: SCOTTSMOOR LANDING PARK

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution and execute Deed of Conservation Easement to St. Johns River Water Management District for preservation of environmentally sensitive lands at Scottsmoor Landing Park. Motion carried and ordered unanimously.

RESOLUTION, BUDGET CHANGE REQUEST, AND AUTHORIZE CHAIRMAN TO EXECUTE GRANT AGREEMENT, RE: KENNEDY POINT PARK

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution authorizing application to Florida Inland Navigation District (F.I.N.D.) for $323,237 grant for development of Kennedy Point Park; approve Budget Change Request establishing the budget for the project; and authorize the Chairman to execute Grant Agreement, if the project is funded. Motion carried and ordered unanimously.

AGREEMENT WITH EAST COAST SOCCER LEAGUE, RE: USE OF HOOVER JUNIOR HIGH AND GEMINI ELEMENTARY SCHOOLS

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Agreement with East Coast Soccer League for use of facilities at Hoover Junior High School and Gemini Elementary School for organized soccer league play for adults from March 27, 1996 through March 26 1997. Motion carried and ordered unanimously.

AGREEMENT WITH NORTH BREVARD YOUTH SOFTBALL ASSOCIATION, INC., RE: SUPERVISED SOFTBALL ACTIVITIES AT MARINA PARK IN TITUSVILLE

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Agreement with North Brevard Youth Softball Association, Inc. to use Marina Park for supervised softball activities from April 1, 1996 through March 31, 1997. Motion carried and ordered unanimously.

AGREEMENT WITH ZAMBELLI INTERNATIONALE FIREWORKS MANUFACTURING COMPANY, INC., AND CLOSING OF LEE WENNER PARK TO PUBLIC ACCESS, RE: JOINT FIREWORKS DISPLAY WITH CITIES OF COCOA AND ROCKLEDGE

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Agreement with Zambelli Internationale Fireworks Manufacturing Company, Inc. to provide the joint fireworks display on July 4, 1996 at Lee Wenner Park, sponsored by the Cities of Cocoa, Rockledge and the County; and approve closing of the Park to public access from 6:00 p.m. until 10:00 p.m. for the display. Motion carried and ordered unanimously.

AGREEMENT TO AMEND EXISTING CONTRACT WITH TITUSVILLE RIFLE AND PISTOL CLUB, INC., RE: USE OF HATBILL ROAD GUN RANGE

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Agreement to Amend Existing Contract with Titusville Rifle and Pistol Club, Inc. for use of Hatbill Road Gun Range from October 1, 1990 through September 30, 2000, providing for use of an additional five acres, replacing the insurance section, and providing for renewal by the Parks and Recreation Director. Motion carried and ordered unanimously.

FACILITY NAMING AND RENAMING, RE: SOUTH BREVARD BEACHES JAYCEES PARK IN SOUTH PATRICK SHORES

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve the renaming of South Brevard Beaches Jaycees Park as ?South Patrick Community Park? and naming the pavilion as ?Jim Conner Pavilion.? Motion carried and ordered unanimously.

APPROVAL OF CONTRIBUTIONS TO CITIES OF MELBOURNE AND PALM BAY, AND PORT ST. JOHN JUNIOR AND TITUSVILLE JUNIOR CHAMBERS OF COMMERCE, RE: FOURTH OF JULY FIREWORKS DISPLAY

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve contributions of $1,000 each for the Fourth of July Fireworks Displays sponsored by the City of Melbourne, City of Palm Bay, Port St. John Junior Chamber of Commerce, and the Titusville Junior Chamber of Commerce. Motion carried and ordered unanimously.

WAIVER OF MUSIC REGULATIONS, RE: ANN DURSO REWARD FUND RAISER AT SAND POINT PARK

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to waive the provisions of Article III, Section 78-110, Brevard County Code, to allow musical entertainment at the Ann Durso Reward Fund Raiser at Sand Point Park on March 31, 1996, subject to the sponsors providing general liability insurance and obtaining all state and local regulatory permits. Motion carried and ordered unanimously.

WAIVER OF ALCOHOLIC BEVERAGE REGULATIONS, RE: CIVILIAN MILITARY COUNCIL DINNER AT FOX LAKE PARK

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to waive provisions of Article III, Section 78-109, to allow the sale/possession/donation of alcoholic beverages at the Civilian Military Council Dinner on June 27, 1996 at Fox Lake Park, subject to the sponsors providing general liability insurance, including liquor liability, and obtaining all state and local regulatory permits. Motion carried and ordered unanimously.

WAIVER OF MUSIC REGULATIONS, RE: SHIELD A CHILD GOSPEL SING AT SAND POINT PARK

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to waive provisions of Article III, Section 78-110, to allow musical entertainment at the Shield A Child Gospel Sing at Sand Point Park on June 15, 1996, subject to the sponsors providing general liability insurance, and obtaining all state and local regulatory permits. Motion carried and ordered unanimously.

WAIVER OF MUSIC AND ALCOHOLIC BEVERAGE REGULATIONS, RE: INDIAN RIVER FESTIVAL AT SAND POINT PARK

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to waive provisions of Article III, Section 78-110, to allow musical entertainment, and provisions of Article III, Section 78-109, to allow sale/possession/donation of alcoholic beverages for the Indian River Festival at Sand Point Park on April 24 through 28, 1996, subject to the organizers providing security, general comprehensive liability insurance with liquor liability, crowd control, and clean up, and obtaining all state and local regulatory permits. Motion carried and ordered unanimously.

WAIVER OF MUSIC REGULATIONS, RE: MARCH OF DIMES MARCH WALK AMERICA AT SAND POINT PARK

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to waive provisions of Article III, Section 78-110, to allow musical entertainment for the March of Dimes Walk America at Sand Point Park on May 4, 1996, subject to the sponsors providing general liability insurance and obtaining all state and local regulatory permits. Motion carried and ordered unanimously.

WAIVER OF MUSIC REGULATIONS, RE: 1ST ANNUAL CALVARY CHAPEL OF MERRITT ISLAND EASTER CELEBRATION AT PROVOST PARK

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to waive provisions of Article III, Section 78-110, to allow musical entertainment for the Calvary Chapel of Merritt Island Easter Celebration at Provost Park on April 6, 1996, subject to the sponsors providing general comprehensive liability insurance, clean up deposit, and obtaining all state and local regulatory permits. Motion carried and ordered unanimously.

WAIVER OF MUSIC REGULATIONS, RE: 8TH ANNUAL VERY SPECIAL ARTS FESTIVAL AT F. BURTON SMITH PARK

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to waive provisions of Article III, Section 78-110, to allow musical entertainment for the Very Special Arts Festival at F. Burton Smith Park on April 17 through 19, 1996, subject to the sponsors providing clean up and obtaining all state and local regulatory permits. Motion carried and ordered unanimously.

WAIVER OF MUSIC REGULATIONS AND REDUCTION OF SWIMMING POOL ADMISSION FEES, RE: CITY OF ROCKLEDGE ANNUAL 4TH OF JULY FESTIVITIES AT MCLARTY PARK

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to waive provisions of Article III, Section 78-110, to allow musical entertainment for the City of Rockledge Fourth of July Festivities at McLarty Park, and reduce the swimming pool admission fees. Motion carried and ordered unanimously.

AMENDMENTS TO AGREEMENTS WITH FOUR COMMUNITIES AND GRANT VOLUNTEER FIRE DEPARTMENTS, RE: FIRE PROTECTION AND RESCUE/EMERGENCY SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Amendments to Agreements with Four Communities and Grant Volunteer Fire Departments to provide fire protection and rescue/emergency services, with the County paying for utilities. Motion carried and ordered unanimously.

AGREEMENT WITH CAPE CANAVERAL AIR STATION, RE: FIRE PROTECTION MUTUAL AID

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Agreement with Cape Canaveral Air Station for fire protection mutual aid. Motion carried and ordered unanimously.

MODIFICATION TO AGREEMENT WITH DEPARTMENT OF COMMUNITY AFFAIRS, DIVISION OF EMERGENCY MANAGEMENT, AND APPROVAL OF BUDGET CHANGE REQUEST, RE: FY 95-96 EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE BASE GRANT

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Modification to Agreement with Department of Community Affairs, Division of Emergency Management, for FY 1996 Emergency Management Preparedness and Assistance Base Grant for an additional $9,000; and approve Budget Change Request to appropriate the additional funds. Motion carried and ordered unanimously.

AUTHORIZATION TO EXPEND FUNDS, RE: PRELIMINARY PLANNING AND APPRAISALS TO DETERMINE FEASIBILITY OF ACQUIRING PROPERTY ADJACENT TO EXISTING EMERGENCY OPERATIONS CENTER TO EXPAND OR CONSTRUCT NEW FACILITY

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize the Public Safety Department to expend funds for preliminary planning and appraisals to determine the feasibility of acquiring property adjacent to the existing Emergency Operations Center to expand or construct a new facility. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: AMENDING ORDINANCE NO. 95-54, EMERGENCY MEDICAL SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant permission to advertise a public hearing for April 16, 1996, to consider an ordinance amending Ordinance No. 95-54 regarding Emergency Medical Services to include language enabling charges for administrative costs, dispatching, etc. in the Central EMS Assessment Area. Motion carried and ordered unanimously.

APPROVAL, RE: TDC PROPOSED TRAVEL POLICIES AND PROCEDURES

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve the TDC Out-of-County Tourism Travel and Entertainment Expense Reimbursement Guidelines. Motion carried and ordered unanimously.

APPROVAL OF CASH ADVANCE TO THE ZIMMERMAN AGENCY, RE: PRODUCTION, PLACEMENT AND ADVERTISING SALES FOR TELEVISION INFOMERCIAL

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve cash advance of $100,000 to The Zimmerman Agency for the production, placement, and advertising sales for a Space Coast 30-minute television infomercial and a print fulfillment piece promoting Florida?s Space Coast region. Motion carried and ordered unanimously.

PERMISSION TO SEEK PROPOSALS AND APPROVAL OF SELECTION COMMITTEE, RE: PUBLIC RELATIONS AGENCY

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant permission to seek request for proposals (RFP?s) for Public Relations Agency, and appoint the TDC Director and Marketing Committee as the Selection Committee. Motion carried and ordered unanimously.

ADDENDUM NO. 8 TO AGREEMENT WITH GEE & JENSON ENGINEERS-ARCHITECT- PLANNERS, INC., RE: SOLID WASTE ENGINEERING SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Addendum No. 8 to Agreement with Gee & Jenson for solid waste engineering services, to modify the Management and Storage of Stormwater permit for Central Disposal Facility?s mitigation site at $59,300. Motion carried and ordered unanimously.

CHANGE ORDER NO. 3 TO AGREEMENT WITH PRIORITY 1 CONSTRUCTION OF BREVARD, INC., RE: HOUSEHOLD HAZARDOUS WASTE COLLECTION CENTER PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Change Order No. 3 to Agreement with Priority 1 Construction for the Household Hazardous Waste Collection Center Project, increasing contract price by $5,176.50 for changes to design of fire protection system, increasing the area to be protected by the deluge foam water system. Motion carried and ordered unanimously.

TASK ORDER NO. 6 TO AGREEMENT WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC., RE: IMPROVEMENTS TO NORTH BREVARD WATER SYSTEM

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Task Order No. 6 to Agreement with Post, Buckley, Schuh & Jernigan, Inc. for improvements to North Brevard Water System, providing all design and permitting services necessary to bid the work and construction-related services in conjunction with County staff, at a cost of $53,000. Motion carried and ordered unanimously.

RESOLUTION AND GRANT APPLICATION WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: EROSION CONTROL ASSISTANCE PROGRAM, U.S. ARMY CORPS OF ENGINEERS FEASIBILITY STUDY

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution supporting an application to Florida Department of Environmental Protection?s Erosion Control Program for 50% of the required matching funds for the U.S. Army Corps of Engineers Shore Protection Project; and authorize the Chairman to sign the Florida Department of Environmental Protection grant application. Motion carried and ordered unanimously.

RESOLUTION AND GRANT APPLICATION WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: EROSION CONTROL ASSISTANCE PROGRAM, BEACH ACCESS AND DUNE IMPROVEMENT

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution supporting an application to Florida Department of Environmental Protection?s Erosion Control Program for funding of beach access and dune improvement; and authorize the Chairman to sign the Florida Department of Environmental Protection grant application. Motion carried and ordered unanimously.

AGREEMENT WITH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, RE: ARTESIAN WELL PLUGGING PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Agreement with St. Johns River Water Management District to allow for a licensed water-well contractor to control abandoned artesian wells in Brevard County. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING FAIR HOUSING MONTH

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution proclaiming the month of April, 1996 as Fair Housing Month. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH HRS BREVARD COUNTY PUBLIC HEALTH UNIT AND BREVARD COUNTY DENTAL SOCIETY, INC., RE: INDIGENT ADULT DENTAL CARE

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Amendment to Agreement with HRS Brevard County Public Health Unit and Brevard County Dental Society, Inc., extending time for indigent adult dental care to September 30, 1996 at no additional cost. Motion carried and ordered unanimously.

POLICY, RE: ADMINISTRATIVE WAIVER OF DEVELOPMENT REVIEW AND PERMIT FEES

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Policy providing for administrative waiver of development review and permit fees. Motion carried and ordered unanimously.

RECOMMENDATION FOR GOVERNOR TO CONSIDER APPLICANTS FORMERLY SUBMITTED, RE: CHILDREN?S SERVICES COUNCIL

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize recommending for consideration by the Governor applicants formerly submitted for the Children?s Services Council, James Luce, Ernestine Cormany, Jean Sharpe, Mario Ramirez, and Sue Shaw, as well as Homer C. Williamson whose term will expire in May, 1996. Motion carried and ordered unanimously.

ACKNOWLEDGE, RE: FY 1994-95 TITUSVILLE-COCOA AIRPORT AUTHORITY AUDIT

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to acknowledge receipt of the FY 1994-95 Audit of the Titusville-Cocoa Airport Authority. Motion carried and ordered unanimously.

RESOLUTION, BILL OF SALE AND WATER LINE EASEMENT WITH CITY OF COCOA, RE: HARRY T. AND HARRIETTE V. MOORE JUSTICE CENTER

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution and execute Bill of Sale and Water Line Easement to the City of Cocoa to provide permanent water to Harry T. and Harriette V. Moore Justice Center. Motion carried and ordered unanimously.

APPROVAL OF NEGOTIATING COMMITTEE?S RECOMMENDATION AND AGREEMENT WITH SPACE COAST ARCHITECTS, INC., RE: SOUTH MAINLAND (MICCO) PUBLIC LIBRARY

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve the Negotiating Committee?s recommendation; and execute Agreement with Space Coast Architects, Inc. for the South Mainland Public Library in Micco at $39,000, and survey and geotechnical services as reimbursable expenses not to exceed $5,000 and subject to approval of the Facilities Construction Director based on three quotes. Motion carried and ordered unanimously.

APPROVAL OF NEGOTIATING COMMITTEE?S RECOMMENDATION AND AGREEMENT WITH SPACE COAST ARCHITECTS, INC., RE: STONE COMMUNITY LIBRARY

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve the Negotiating Committee?s recommendation; and execute Agreement with Space Coast Architects, Inc. for the Stone Community Library at $69,000, and survey and geotechnical services as reimbursable expenses not to exceed $5,000, and subject to the approval of the Facilities Construction Director based on three quotes. Motion carried and ordered unanimously.

AGREEMENT WITH CITIES OF TITUSVILLE, COCOA, COCOA BEACH, INDIAN HARBOUR BEACH, MELBOURNE, PALM BAY, ROCKLEDGE SATELLITE BEACH, AND TOWN OF INDIALANTIC, APPROVAL OF EMERGENCY NUMBER PLAN, AND ESTABLISHMENT OF E-911 ADVISORY COUNCIL, RE: EMERGENCY SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Interlocal Agreement with the Cities of Titusville, Cocoa, Cocoa Beach, Indian Harbour Beach, Melbourne, Palm Bay, Rockledge and Satellite Beach and the Town of Indialantic for operation of the E-911 Public Safety Answering Points; approve the associated Emergency Number Plan; and authorize establishing the E-911 Advisory Council to recommend specific implementation tactics. Motion carried and ordered unanimously.

POLICY, RE: ZERO TOLERANCE OF WORK PLACE VIOLENCE

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Policy establishing a zero tolerance of work place violence. Motion carried and ordered unanimously.

DEDUCTIVE CHANGE ORDER NO. 20 TO AGREEMENT WITH BROWN & ROOT BUILDING COMPANY, RE: HARRY T. AND HARRIETTE V. MOORE JUSTICE CENTER

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Deductive Change Order No. 20 in the amount of $126,060.76 to accommodate owner direct purchases with Brown & Root Building Company for construction of the Harry T. and Harriette V. Moore Justice Center; and authorize transfer of funds to the Direct Purchase Account. Motion carried and ordered unanimously.

ACCEPT LOW BID WITHDRAWAL AND AWARD TO SECOND LOW BIDDER, RE: BID#B-2-6-30, SOIL CEMENT ROAD BASE PROCESSING

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to accept withdrawal of the low bidder, Asphalt Recycling, Inc. and award Bid #B-2-6-30, Soil Cement Road Base Processing, to Support Construction at $2,26 for 6-inch and 8-inch mix in place soil cement. Motion carried and ordered unanimously.

AWARD LOW BID AND AUTHORIZE CHAIRMAN TO EXECUTE AGREEMENT, RE: BID #B-5-6-37, FLOUNDER CREEK ROAD DETENTION POND STORMWATER RETROFIT

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to award Bid #B-5-6-37, Flounder Creek Road Detention Pond Stormwater Retrofit, to Priority One Construction of Brevard, Inc. at $207,182; and authorize the Chairman to execute Agreement with the contractor for the project. Motion carried and ordered unanimously.

PERMISSION TO RELEASE RETAINAGE TO H.B. WALKER CONSTRUCTION, RE: DEMOLITION OF A&A PLAZA FOR FUTURE STONE COMMUNITY LIBRARY

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve release of retainage in the amount of $1,962 to H.B. Walker Construction for demolition of A&A Plaza for the future Stone Community Library. Motion carried and ordered unanimously.

PURCHASE OF TELEPHONE SWITCH EQUIPMENT, RE: HARRY T. AND HARRIETTE V. MOORE JUSTICE CENTER

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve purchase of telephone switch equipment to accommodate the occupants of the Harry T. and Harriette V. Moore Justice Center at $208,364. Motion carried and ordered unanimously.

PERMISSION TO SELL, RE: SURPLUS REAL PROPERTY

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant permission to sell listed surplus real property. Motion carried and ordered unanimously.

APPLICATION WITH CANADA LIFE, RE: CONTINUATION OF GROUP LIFE INSURANCE COVERAGE

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize the Chairman to execute Transfer Form terminating group life insurance coverage with North American Assurance Company and replacing the coverage with Canada Life, as a result of a merger of insurance companies. Motion carried and ordered unanimously.

REQUEST FOR PROPOSALS, RE: BROKERAGE SERVICES FOR PROPERTY INSURANCE

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize advertising request for proposals for brokerage services for property insurance; and appoint a Selection Committee consisting of Human Resources Director Frank Abbate, Risk Management Director Gerald Jacobs, and Assistant to County Manager Stockton Whitten. Motion carried and ordered unanimously.

RENEW SERVICES OF ARM-TECH, RE: ANNUAL ACTUARIAL REVIEW OF SELF-INSURANCE PROPERTY AND LIABILITY FUNDS

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize Risk Management to renew the services of ARM-Tech for the annual actuarial review of the self-insurance property and liability funds. Motion carried and ordered unanimously.

AUTHORIZATION OF SELECTION COMMITTEE, RE: NEGOTIATE WORKERS? COMPENSATION MANAGED CARE SERVICES WITH ALEXSIS PROVIDERS

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to appoint a Selection Committee consisting of Human Resources Director Frank Abbate, Risk Manager Gerald Jacobs, and Assistant to County Manager Stockton Whitten to solicit proposals for workers? compensation managed care services through one of the three Alexsis providers, in lieu of advertising a general RFP. Motion carried and ordered unanimously.

AUTHORIZATION TO NEGOTIATE WORKERS? COMPENSATION SETTLEMENT, RE: MARK MOON

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize the Risk Management Division, through Gallagher Bassett Services, to negotiate settlement of a workers? compensation claim of Mark Moon. Motion carried and ordered unanimously.

AUTHORIZATION TO NEGOTIATE WORKERS? COMPENSATION SETTLEMENT, RE: JEAN LEWIS

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize the Risk Management Division, through Gallagher Bassett Services, to negotiate settlement of a workers? compensation claim of Jean Lewis. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING BOY SCOUTS DAY

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution proclaiming May 4, 1996 as Boy Scouts Day. Motion carried and ordered unanimously.

RESOLUTIONS, RE: WELCOMING JEWISH WAR VETERANS

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolutions welcoming Commander Jack Ostrofsky, Department Auxiliary President Renie Isaac, and all Jewish War Veterans to Brevard County for their Annual Convention. Motion carried and ordered unanimously.

TERMINATION OF TRUST INDENTURE, LOAN AGREEMENT, MORTGAGE AND SECURITY AGREEMENT AND RELEASE OF LIEN WITH BARNETT BANKS TRUST COMPANY, N.A. , RE: INDUSTRIAL DEVELOPMENT REVENUE BOND, SERIES 1984 (MAGNUS HITECH INDUSTRIES, INC.)

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Termination of Trust Indenture, Loan Agreement, Mortgage and Security Agreement and Release of Lien between Brevard County as issuer and Barnett Banks Trust Company, N.A. as trustee regarding the $850,000 Industrial Development Revenue Bond, Series 1984 (Magnus Hitech Industries, Inc.) as the bond monies have been repaid. Motion carried and ordered unanimously.

APPROVAL OF TRANSFER, RE: INTERDICTION FORFEITURE TRUST FUND TO DRUG TASK FORCE TRUST

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve transfer of $26,710.80 from the Interdiction Forfeiture Trust Fund to the Drug Task Force Trust to continue paying the salary and benefits of deputies who continue working in drug interdiction. Motion carried and ordered unanimously.

ACCEPTANCE, RE: DONATION FROM SOUTH PATRICK RESIDENTS ASSOCIATION

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to accept donation of $1,000 from South Patrick Residents Association for construction of a County park in South Patrick Shores. Motion carried and ordered unanimously.

OFFER OF SETTLEMENT, RE: PRIVATE PROPERTY RIGHTS PROTECTION ACT

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize the County Attorney to send an offer of settlement stating that no changes in the government?s action are offered regarding the claim under the Private Property Rights Protection Act that the County failed to create an MSBU to construct a road in Grant Lake Sanctuary area. Motion carried and ordered unanimously.

REMOVAL FROM INVENTORY, RE: COUNTY-OWNED TANGIBLE PERSONAL PROPERTY

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to remove a Dictamite Dictaphone PR#A-013-0793, declared lost by the Property Appraiser, from the County?s Inventory. Motion carried and ordered unanimously.

APPOINTMENTS, RE: VARIOUS CITIZEN ADVISORY BOARDS

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to appoint Diane Barile, P. O. Box 22892, Melbourne, to the Beach Erosion Control Advisory Board; Ed Clark, 2460 North Courtenay Parkway, Merritt Island, to the Affordable Housing Council; Jorilet Pates, 1455 Atz Road, Malabar, to the Historical Commission; Floyd Rogers, 2761 Ohio Street, Melbourne, to the Zoning Board of Adjustment; Helen Rutenber, 6310 Deer Lane, Cocoa, to the Port St. John Public Library Advisory Board; and Alan W. Dillon, 1770 Shoreview Drive, Indialantic and Robert H. Cunningham, 1515 North Huntington Lane, Rockledge, to the EMS Review Committee. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

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

AUTHORIZE SETTLEMENT OF ALL CLAIMS, RE: JASON CAMPBELL, ET AL. V. BREVARD COUNTY, ET AL

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize settlement of all claims against the individual defendants and all claims of monetary damages assessed against the County in the case of Jason Campbell, et al v. Brevard County, et al. Motion carried and ordered unanimously.

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Minutes of the October 31, 1995 Special Meeting and November 21, 1995 Regular Meeting. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - RITUAL LEADER JOHN GOLDRING, RE: RESOLUTION PROCLAIMING DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST

Commissioner Higgs read aloud a resolution proclaiming Days of Remembrance of the Victims of the Holocaust.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt a Resolution proclaiming April 14 through 21, 1996 as Days of Remembrance of the Victims of the Holocaust. Motion carried and ordered unanimously.

John Goldring, Ritual Leader of Temple Beth Shalom, explained the importance of Yom HaShoah, the Day of Remembrance of the Victims of the Holocaust; and expressed appreciation to the Board on behalf of the Jewish population of Brevard County. He extended an invitation to attend a memorial service at Temple Beth Shalom on April 15, 1996 at 7:30 p.m. Commissioner Higgs presented the Resolution to Mr. Goldring.

Commissioner O?Brien advised of his experiences in Germany.

PERSONAL APPEARANCE - KAREN WALKER, RE: COMMENDATION RESOLUTION

Commissioner Scarborough read aloud a resolution commending Karen Walker as the Brevard County Commission on the Status of Women ?Woman of the Year? for 1996.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution commending Karen Walker as 1996 Woman of the Year. Motion carried and ordered unanimously.

Carmen Shrum, Chairman of the Commission on the Status of Women, advised of the organization?s pride in Ms. Walker?s work at the Haven for children and child abuse.

Karen Walker expressed appreciation to the Board.

PERSONAL APPEARANCE - REVEREND EDWARD BUCKNER, CHAIRMAN OF CDBG ADVISORY BOARD, RE: RESOLUTION PROCLAIMING NATIONAL COMMUNITY DEVELOPMENT WEEK

Chairman Cook read aloud a resolution proclaiming National Community Development Week.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution proclaiming April 1 through April 7, 1996 as National Community Development Week. Motion carried and ordered unanimously.

Reverend Edward Buckner thanked the Board for its continued support of the programs which enhance the lives and health of the community; and presented each Commissioner with a poster. Chairman Cook thanked Reverend Buckner for his efforts on behalf of the community.

PERSONAL APPEARANCE - MARY JANE NAIL AND LINDA FLISS, GUARDIAN AD LITEM, RE: RESOLUTION SUPPORTING BREVARD?S CELEBRATION . . . FOR THE CHILDREN

Commissioner Ellis read aloud a resolution endorsing Brevard?s Celebration . . . For the Children as the Guardian Ad Litem?s inaugural event on November 9,1996.

Motion by Commissioner Ellis, seconded by Commissioner O?Brien, to adopt a Resolution endorsing Brevard?s Celebration . . . for the Children. Motion carried and ordered unanimously.

Mary Jane Nail, representing Guardian Ad Litem, distributed brochures to the Board; and described how the Guardian Ad Litem Program operates in providing representation in the court system for children who are abused, abandoned or neglected. She advised Guardian Ad Litem is attempting to get major celebrities to speak at the upcoming event; and requested the Board assist by writing letters to recruit Kathy Lee Gifford, Oprah Winfrey, Mary Hart, Suzanne Summers, and Dolly Parton. She advised of other support for the effort; and requested the Board join hands in support of the bi-partisan effort.

Linda Fliss, Chairman of Brevard?s Celebration . . . For the Children, expressed appreciation for the Resolution and the Board?s support of the Guardian Ad Litem. She described the Guardian Ad Litem Program.

Commissioner O?Brien commended the Guardian Ad Litem volunteers.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to authorize the Chairman to sign letters supporting the fundraising event, Brevard?s Celebration . . . For the Children. Motion carried and ordered unanimously.

REQUEST TO PROVIDE SPACE AT GOVERNMENT CENTER, RE: CHILDREN?S ADVOCACY CENTER

Paul Brockway, 11 Riverside Drive, Cocoa, Senior Attorney with the State Attorney?s Child Abuse and Sexual Assault Unit, advised of incidents involving sexual abuse of minors; and emphasized the need to focus on recurring child sexual abuse crimes. He advised the most accurate disclosures of abuse are the result of early disclosure, a comfortable setting for interviews of children, recording of interviews, and trained people to conduct the interviews. He emphasized the need for a multi-disciplinary approach to the problem and communication between all interested parties. He stated if children are going to be asked to testify in court, public officials must give them everything necessary to insure they have been given the environment and personnel to help them through the process.

Bob Sarver, 650 North Apollo Boulevard, Melbourne, representing Melbourne Police Department, advised he investigates crimes against children; and explained the procedures he uses. He expressed support for a Children?s Advocacy Center; and advised it is supported by the majority of the Chiefs of Police in the County. He emphasized the importance of a multi-disciplinary approach to minimize damage to the children.

Judy Dolan, 3101 Suntree Boulevard, Rockledge, representing the Wuesthoff Child Protection Team, stated assessment of child abuse requires multiple professionals from various disciplines; and advised of the difficulties of the current system. She advised the Children?s Advocacy Center would serve approximately 600 children in the County; and a site is needed for the cooperative effort. She requested support of the project.

Karen Walker, Director of The Haven for Children, advised The Haven has served over 270 abused children; and described the facility needed for the Children?s Advocacy Center. She requested the Board keep the project in mind if space becomes available in Central Brevard. Ms. Dolan distributed information and a video detailing the project.

Commissioner Higgs stated there is space at the Government Center that would be appropriate for the Children?s Advocacy Center.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize staff to proceed with Option 1 which is to provide 1,800-2,500 square feet of office space for the Children?s Advocacy Center at the Government Center and not charge rent.

Commissioner Ellis advised it would be appropriate to put the space in Building B for the State Attorney; and Mr. Wolfinger has the option of keeping more functions in Titusville. Commissioner Higgs stated there are different spaces that are available; but the State Attorney?s space may have already been obligated; and recommended a more friendly space.

Commissioner O?Brien suggested the house in Rockledge purchased through Beach and Riverfront would be perfect for children; and explained why the Government Center would be inappropriate. Discussion ensued on the facility, its lack of renovation, whether the bond issue would allow this use, the appropriateness of the atmosphere for children, and need for consent of the City of Rockledge.

Chairman Cook suggested authorizing the County Manager to look at available options for space. Commissioner Higgs advised the motion is to proceed with space at the Government Center; and if there are other options, the Board can look at them. Commissioner Scarborough expressed agreement with Commissioner Higgs.

Commissioner O?Brien suggested a coordinated financial effort to renovate the house; and requested the County Manager explore other sources of funding. He noted originally the group only requested two modulars; with Commissioner Higgs advising less space is being requested at the Government Center than in the two modulars.

Ms. Walker stated the Site Selection Committee can work with the Board on renovations; and emphasized the need to have a child friendly facility.

Commissioner Ellis suggested using the Rockledge Courthouse or the smaller Melbourne modular; and advised of the advantages. He expressed concern about giving up space at the Government Center.

Commissioner O?Brien suggested deferring action on the item until staff can report to the Board on what is available. Commissioner Higgs advised staff has reviewed it; and inquired if there will be space at the Rockledge Courthouse. Facilities Management Director Hugh Muller expressed doubt that it will be possible to move the Tax Collector from rental space into the Rockledge Courthouse.

Chairman Cook stated the Board is amenable to working with the Children?s Advocacy Center; and suggested staff come back with options. Discussion ensued on what facilities have been requested and what is available.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to amend the motion and direct the County Manager to meet with representatives of the Children?s Advocacy Center to work on space, and bring it back to the Board within a month. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION AND ORDINANCE FOR CONTRACTORS LICENSING

Chairman Cook called for the public hearing to consider resolution and ordinance for Contractors Licensing.

Robert Hicks, 1461 Wilman Avenue, Merritt Island, advised he is on the Contractors Licensing Board, and is available for questions.

Commissioner Higgs stated she would like to see an additional person from outside the trades appointed on a rotating basis by Commissioners every two years.

Motion by Commissioner Higgs, seconded for discussion by Commissioner Cook, to authorize appointment of an additional person from outside the trades to the Contractors Licensing Board.

Commissioner Ellis inquired if there are Statutes governing the composition of the Contractors Licensing Board; with County Attorney Scott Knox responding he does not think there is, but will have to look it up.

Discussion ensued on the composition of the Contractors Licensing Board, whether an ordinary citizen can be appointed, desire for representation of other trades, and changes to the Ordinance.

Commissioner Higgs suggested inserting ?one person shall be appointed on a rotating basis by Commissioners, non-representative of the building industry.?

Motion by Commissioner Higgs, seconded by Commissioner Cook, to amend the motion to provide language that ?one person who is non-representative of the building industry shall be appointed to the Contractors Licensing Board on a rotating basis by Commissioners.? Motion carried and ordered. Commissioners Scarborough, Higgs, Cook, and Ellis voted aye; Commissioner O?Brien voted nay.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Ellis, to adopt Ordinance amending the Contractors Licensing Ordinance and Resolution amending the Fee Schedule for Contractors Licensing. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITIES AND DRAINAGE EASEMENTS IN ISLAND CROSSINGS - PULTE HOME CORPORATION

Chairman Cook called for the public hearing to consider resolution vacating public utilities and drainage easements in Island Crossings as petitioned by Pulte Homes Corporation.

Joe Mayer, 100 Parnell Street, Merritt Island, Engineer with Bussen-Mayer Engineering Group, representing Pulte Homes, advised he is available to answer questions; and the request is to vacate the interior two and one-half feet of the rear seven and one-half foot easement to allow room for pools and pool decks. He advised of intent to change the easement on the west property line from a 35-foot easement to a 20-foot easement.

Commissioner O?Brien inquired about the streets involved. County Surveyor Beverly Sutphin advised staff has received the easement for the pipe system. Commissioner O?Brien requested street names be included instead of legal descriptions.

There being no objections, motion was made by Commissioner O?Brien, seconded by Commissioner Ellis, to adopt Resolution vacating public utilities and drainage easements in Island Crossings as petitioned by Pulte Homes. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITIES AND DRAINAGE EASEMENTS IN PLAT OF WICKHAM PLAZA WEST - LEONARD SPIELVOGEL, TRUSTEE

Chairman Cook called for the public hearing to consider a resolution vacating public utilities and drainage easement in Plat of Wickham Plaza West as petitioned by Leonard Spielvogel, Trustee.

Leonard Spielvogel, Merritt Island, advised no utilities are located in the easements; staff has no problem with the vacating; two parcels are being aggregated; and the intent is to put a building which will go over the line.

There being no objection heard, motion was made by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution vacating public utilities and drainage easements in Plat of Wickham Plaza West as petitioned by Leonard Spielvogel, Trustee. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PORTIONS OF RIGHTS-OF-WAY IN HOLIDAY SPRINGS AT SUNTREE - ROBERT KUSH

Chairman Cook called for the public hearing to consider a resolution vacating portions of rights-of-way in Holiday Springs at Suntree as petitioned by Robert Kush.

County Surveyor Beverly Sutphin advised the applicant has requested the public hearing be continued due to errors in advertising.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to continue the public hearing to consider a resolution vacating portions of rights-of-way in Holiday Springs at Suntree as petitioned by Robert Kush to April 16, 1996. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE FOR BUILDINGS AND BUILDING REGULATIONS

Chairman Cook called for the public hearing to consider an ordinance for buildings and building regulations.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Ordinance amending Chapter 22, Article II, Technical Codes, Code of Brevard County, Florida; specifically amending Division 2, 3, 4, 5, 6, 7, 8, 9 and adding Division 10 to provide for the adoption of the 1994 Editions of the Standard Building Code, Standard Gas Code, Standard Housing Code, Standard Mechanical Code, Standard Plumbing Code, Standard Swimming Pool Code, and 1988 Edition of the Standard Existing Buildings Code; providing definitions and exceptions to said Codes, providing for a penalty; providing severability; and providing for an effective date.

Commissioner O?Brien inquired if the Building Codes have been brought up to present hurricane standards. Building Official John Smith advised the 1994 standard will do that. Discussion ensued on how the Building Codes in Brevard County compare with other counties, and the standards for wind tolerance. Mr. Smith advised Brevard County falls within 100 mile per hour wind zone with the exception of the 110 miles per hour on the Barrier Island and 140 miles per hour in the Coastal Construction Zone. Commissioner O?Brien inquired about cost to raise the wind velocity capability of a house; and expressed support for making the standards more stringent. Mr. Smith advised the County is attempting to stay within the standard of the municipalities of the County and the other coastal counties. Commissioner O?Brien inquired about standards in the Florida panhandle counties; with Mr. Smith advising he will contact some of those counties. Commissioner Higgs inquired if Dade County has the same standards as Brevard County; with Mr. Smith advising the County operates under the Standard Building Code, and Dade and Broward Counties operate under the Southern Standard Building Code. Commissioner Higgs requested information on how the Codes were changed since Hurricane Andrew.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to table consideration of the Ordinance for Building and Building Regulations for 30 days.

Chairman Cook suggested adopting the Ordinance for the interim. Commissioner Scarborough advised it would have to be readvertised. Chairman Cook expressed concern about having lower standards in the interim. Discussion ensued on how many homes could be affected.

Commissioner Scarborough withdrew his motion to table, and Commissioner O?Brien withdrew his second.

Chairman Cook called for a vote on the motion to adopt Ordinance for Buildings and Building Regulations. Motion carried and ordered unanimously.

Chairman Cook advised staff will come back with information in 30 days.

PUBLIC HEARING, RE: ORDINANCE FOR ADMINISTRATIVE PERMIT FOR FARM ANIMALS AS PETS

Chairman Cook called for the public hearing to consider an ordinance providing for an administrative permit for farm animals as pets.

Clara Gunde, 2002 Muskingum, Cocoa, outlined problems encountered by owners of pot bellied pigs, goats, miniature horses, ostriches, emus, etc.; and noted the lack of facilities at the Humane Society shelters to care for such animals. She submitted written information.

Commissioner Ellis advised the proposal is just for GU properties. Commissioner Scarborough stated he does not see a restriction just to GU, but to any residential area. Zoning Official Rick Enos advised the proposed ordinance was written without that restriction. Chairman Cook stated the Board direction was that it would only apply to GU. Mr. Enos noted there was discussion on that. Commissioner Ellis explained farm animals were a permitted use under GU, but an individual had to pay $400 for the paperwork; and that is where this started. Commissioner Scarborough expressed concern that it now applies to any residential property; with Chairman Cook advising that was not the intent of Board discussion.

Charlie Burns, 5125 Evinrude Road, Melbourne, submitted a picture of his 125-pound neutered male pet goat, which he has had for ten years, and a letter from Dr. Turner attesting to the goat?s good health; and advised of the suitability of the goat to live in the neighborhood. He noted one member of the Planning and Zoning Board is in violation of the County Ordinance because his children have two pet rabbits, and his only recourse is to pay $400 to apply for a conditional use permit. He explained the problems with the conditional use permits; and noted only Brevard County regulates these types of animals. He addressed Ms. Gunde?s concerns. He requested the Board make the changes based on the P&Z Board?s recommendation.

Frank Hunter, 5485 Evinrude Road, Melbourne, submitted written materials; and advised of his background as a wilderness person. He advised when he built his home, the only other homes were one mile north and to the east; but now he has been invaded and harassed. He advised of the differences between animals and society; and stated he has worked with staff and others to develop amendments for animals in GU classifications. He advised of his efforts to help others in the community; and requested the one-time fee be dropped for the elderly and disabled. He explained his problems with harassment from members of the Lake Washington Property Owners Association.

Commissioner Scarborough stated he did not look upon rabbits which are bought at pet stores as having to have a permit. Mr. Enos advised up to one rabbit, pigeon, duck or other fowl is permitted as a pet without a permit. Commissioner Scarborough inquired about guinea pigs, mice, etc.; with Mr. Enos responding rodents are included as pets.

Chairman Cook inquired if the intent is to have notification of neighbors and with their consent, it would be possible to get a permit; with Mr. Enos responding affirmatively. Chairman Cook advised GU needs to be specified.

Commissioner Scarborough stated he does not have a problem with people having something like a rabbit without a permit even in a residential neighborhood. Commissioner Ellis agreed, but stated it would have to be readvertised. Commissioner Scarborough stated the proposed ordinance would change the nature of the County; and he would prefer to continue the public hearing. Commissioner Ellis requested the Board resolve the GU zoning issue and then come back with recommendations for the other zonings. Commissioner Scarborough inquired about handling the rabbit issue at this meeting; with County Attorney Scott Knox responding as rabbits fall within the definition of farm animal, the Board can deal with them. Discussion ensued on rabbits, lack of complaints about rabbit bites, and odors created by rabbits.

Commissioner Ellis stated people have been to numerous meetings to get the GU issue resolved; he is happy to work on other issues; but he does not want the whole issue to be pushed back.

Chairman Cook advised there would have to be a cap on the number of rabbits; and the issue is not being enforced. Commissioner Ellis advised that is the problem with Code Enforcement.

Motion by Commissioner Ellis, to adopt Ordinance as recommended by the LPA, in GU zoning classification, changing the requirements from one pet to two, from per acre to per lot, changing animal weight to not to exceed 155 pounds, providing for a one-time application fee of $25, and authorizing the Zoning Official to waive the fee in cases of hardship. Motion died for lack of a second.

Motion by Commissioner Scarborough, to adopt Ordinance, limiting to one animal in GU zoning classification, and allowing three rabbits as pets. Motion died for lack of a second.

Commissioner Ellis stated the way the ordinance is written defeats the purpose; if he had an acre of land, he could have it rezoned to Rural Residential and do all this; but the problem is with lots that are zoned GU and are under an acre. Commissioner Scarborough expressed concern about ramifications. Discussion ensued on tropical birds, lot sizes, deed restricted neighborhoods, what animals are allowed in RR-1 zoning, and the cost of permits. Commissioner Scarborough advised Commissioner Ellis? motion would have allowed two farm animals, which could mean two pigs in a GU zone; and the ordinance can be applied to other areas in the County which may not be areas Commissioner Ellis is looking at. Commissioner Ellis advised a person in GU zoning can apply for a conditional permit to have two pigs now, but has to pay $398 instead of $25. Commissioner Scarborough expressed concern about opening this up so broadly that someone can have two 155 pound animals on any size GU lot. Commissioner Ellis reiterated that is possible now if someone pays $398 to apply.

Motion by Commissioner Scarborough, to adopt the Ordinance, changing it from any residential property owner to any GU-zoned property owner, and allowing three rabbits as pets. Motion died for lack of a second.

Commissioner Ellis advised anyone with less than an acre could not have rabbits. Commissioner Scarborough stated he wants the rabbits to be permitted in any zoning classification as a non-farm animal. Chairman Cook stated there is no consensus; and suggested continuing the public hearing.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to continue the public hearing to consider an Ordinance for administrative permit for farm animals as pets to the April 16, 1996 meeting. Motion carried and ordered. Commissioners Scarborough, O?Brien, Cook and Higgs voted aye; Commissioner Ellis voted nay.

The meeting recessed at 11:00 a.m. and reconvened at 11:15 a.m.

PERSONAL APPEARANCE - JOYCE GRANT, RE: ASSOCIATION FOR CHILDREN FOR ENFORCEMENT OF SUPPORT

Joyce Grant, 707 North Palm Avenue, Indialantic, representing the Association for Children for Enforcement of Support (ACES), explained the purpose of ACES is to assist disadvantaged children affected by parents who fail to meet legal and moral child support and visitation obligations; and outlined the services offered by ACES. She stated the most common complaints from the membership of the local organization are about the Department of Revenue, the representation in court, the court?s attitude about non-enforcement, and the need to enforce and change the laws to protect the children. She described meetings with the Department of Revenue; advised there are 13,000 people in Brevard County relying on enforcement from the Department of Revenue; and for those 13,000 people, there are seventeen assigned caseworkers and two attorneys on retainer. She advised of a meeting with Judge Moxley, and the subsequent court monitoring program; and provided statistics relating to 50 cases which were monitored. She requested the Commissioners read Court Monitoring Guidelines; and outlined the things that are not being done in the courts. She described going to court with the Department of Revenue; and read aloud from Florida Law Review, Supreme Court Gender Bias Study. She advised of ACES? objective to improve the quality of child support enforcement, improve understanding and compliance with laws, and improve quality of life of families which are subjected to child enforcement issues.

Commissioner O?Brien advised of the costs to the County for non-payment of child support; and provided statistics for 1995. He read aloud a resolution in support of ACES.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to adopt Resolution in support of the Association for Children for Enforcement of Support. Motion carried and ordered unanimously.

Commissioner O?Brien presented the Resolution to Ms. Grant.

APPROVAL, RE: LETTER IN OPPOSITION TO SENATE BILL 2292-TOURIST DEVELOPMENT TAX

Roger Dobson, 6245 South Tropical Trail, Merritt Island, Vice Chairman of the Space Coast Tourism Council, explained Senate Bill 2292 provides that the tourism tax could be expanded by one cent and expands the uses; and a poll of the TDC members indicates unanimous opposition to Senate Bill 2292.

Commissioner Scarborough inquired why is Senator Bronson sponsoring this; with Mr. Dobson responding as an accommodation to Representative Bronson of Osceola County. Chairman Cook advised originally it was only to affect Osceola County, but the way it is written could affect Brevard County. Commissioner Scarborough suggested advising Senator Bronson that the Board has concerns and would like him to meet with the Tourism Council before proceeding further. Commissioner Ellis suggested advising if it applies to Brevard County, the Board is opposed. Commissioner Scarborough expressed concern that the people who are involved were not briefed before the bill was filed. Commissioner O?Brien stated the County is opposed to the entire bill; and suggested a strong letter from the Board to Senator Bronson advising of the burden that will be put on the hotels and motels of Brevard County. Commissioner Scarborough noted there was a referendum; and inquired if this is breaking faith with the people. Mr. Dobson stated the short title in 1986 was passage of a two cent tourism tax; but the broad language allowed a third and fourth cent. Chairman Cook noted an argument could be made that the bill goes beyond what was authorized by the referendum. Commissioner O?Brien stated Osceola County wants to build a stadium and use Brevard County tax to do it with; with Commissioners Scarborough, Ellis and Higgs disagreeing. Commissioner O?Brien stated it was worded to only apply to Osceola County. Commissioner Ellis noted it was changed to include other surrounding counties, but money would not transfer.

Motion by Commissioner O?Brien, seconded by Commissioner Ellis, to authorize the Chairman to draft a letter, in concert with Roger Dobson and the County Manager, advising Senator Charles Bronson that the Board does not agree with an additional one-cent tourist development tax, in particular on Brevard County?s hotels and motels.

Commissioner O?Brien requested the letter include objection to expanding the uses of the tax from where it presently is. Commissioner O?Brien advised the motion includes that statement. Commissioner Ellis accepted it as part of the second. Commissioner Scarborough stated Section 5.A gives the Board the prerogative of determining public purposes; the Board may wish to state this is beyond what was originally envisioned; and suggested in the future, before proceeding with bills of this nature, the Tourist Development Council be consulted for advice. Chairman Cook stated he will include that in the letter.

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

AUTHORIZATION, RE: MICCO COMMUNITY CENTER

Wally Kramer, 9606 Mockingbird Lane, Micco, requested the Board honor the straw ballot and have the community center at Allen Avenue; and explained the advantages of having two sites. He advised of various activities which took place before the straw ballot and the unanimous support of the Micco Homeowners Association for the Allen Avenue site.

E. M. Cunningham, 5756 Lindsay Road, Micco, expressed support for honoring the straw ballot vote for the Allen Avenue site.

Jeanne Osborne, 100 Cherokee Court, Barefoot Bay, Chairman of the South Mainland Community Center Advisory Committee, advised of the need for the community center in the CDBG targeted area in Micco; and expressed support for the Allen Avenue site which was approved by the straw ballot.

Phyllis McCullers, 9920 Riverview Drive, Sebastian, member of the South Mainland Community Center Advisory Board, read aloud a letter to the Board; and expressed support for the Allen Avenue site selected through the straw ballot.

Adeline B. Higgins, 9685 Mockingbird Lane, Micco, stated the Concerned Taxpayers of Micco request the Board delete the straw ballot. She read from a letter sent to the Library Services Department from the Community Development Block Grant Program advising Barefoot Bay is not a low to moderate income area and is below the requirements for the federal funds; and read aloud from a letter to Congressman Weldon advising the grant has been misappropriated because of the undesirable location next to the railroad tracks which is against the wishes of the people who obtained the money from the CDBG for low to moderate income residents of Micco.

Cheryl Bruns, 9737 Riverview Drive, Micco, submitted copies of all the information that was distributed in Micco prior to the straw ballot; and described each item. She advised the organizations and individuals listed on the flyer were not approached concerning the center.

Chairman Cook inquired who put together the flyer; with Ms. Bruns advising there is no author, but there are witnesses as to who put them out. She challenged the legitimacy of accepting Precinct 18 as qualified to dictate where Brevard County will build a community building for the residents of Micco.

Peter Player, 3685 Main Street, Micco, suggested going to court to bring witnesses that the information presented in the green flyer is misleading and false. He stated the proponents of Micco Park won the straw ballot; and commented on the barter for land for the community center. He expressed concern about using MSTU funds from Districts 3 and 5 to pave roads in exchange for five acres of land for a community center in District 5. He advised of problems with the Allen Avenue site; and noted the non-binding straw ballot was so close as to be insignificant, and more weight should be put on the vote of Precinct 106.

George Koraly, 9868 Riverview Drive, Micco, advised of drainage problems in the Allen Avenue area and possible ramifications of proposed efforts to correct drainage. He compared the costs of both properties; and expressed support for building the community center at Micco Park. He disputed comments made by Ms. McCullers; and recommended the Board take into account the cost to the taxpayers.

Charles Burke, 9605 Mockingbird Lane, Micco, outlined the actions leading to the selection of the community center site; and advised of his presentation to obtain the grant. He expressed concern about the activities of the South Mainland Community Center Advisory Committee; and stated the Committee?s main purpose has appeared to be to prevent a community center from being built in Micco Park. He requested the Board reconsider and place the community center at Micco Park.

Harriett Williams, 3990 11th Street, Micco, declined the opportunity to speak.

Marie Bergamini, 7660 Great Bear Lake Drive, Micco, stated a flyer was delivered to her home advising the Snug Harbor Homeowners Association strongly supports the Allen Avenue site; but the Association never discussed the site or voted on it. She expressed concern about the escalation of the cost of the project which will result in a tax increase; and expressed support for the Micco Park site. She noted the straw ballot was non-binding.

Commissioner Higgs advised only those people living in the target area designated by the federal guidelines voted; if the Board chooses to use some MSTU money to pay some of the costs, it will not include District 5 money; and she supports moving forward with all four items shown on the Agenda.

Commissioner Ellis expressed concerns about picking up Lots 5 and 7 with the MSTU funds; and stated Lot 6 would allow a secondary entrance. Commissioner Higgs advised all three lots allow a second access and a wider section; and the paving is not in a PUD, but on public streets.

Chairman Cook expressed concern about blanket approval of the project; and inquired what is the rush. Commissioner Higgs responded she requested the Board have the necessary items to move forward; and outlined the four requested actions, (1) to go forward with the straw ballot conclusion, (2) authorize staff to confer with the architects who designed the Cuyler Community Center, (3) grant permission to advertise for an A&E firm for site development, and (4) authorize the Chairman to execute the necessary agreements. Chairman Cook stated once the decision is made on the site, the remaining items should come back to the Board; and expressed concern about the paving. He recommended it be sent back to the CDBG Advisory Board; and expressed concern about circumventing the Advisory Board which did not recommend Allen Avenue. Discussion ensued on whether the item should be referred to the CDBG Board, whether there is a rush for the project, and getting more community involvement.

Chairman Cook expressed concern with the way the project has been handled. He stated this is not the original location the grant was going to; respect for the CDBG Advisory Board requires this go back to it for input; and he is concerned about whether this will serve the moderate and low income people the HUD money is meant to serve.

Commissioner Ellis inquired about the size and cost of the Cuyler Center; with staff responding 4,890 square feet at a cost of $415,000.

Commissioner O?Brien advised the CDBG Board is made up of volunteers; a straw ballot is not binding; but it is an indication of where the community wants to go.

Motion by Commissioner O?Brien, seconded by Commissioner Cook, to direct that the Micco Community Center issue be sent back to the Community Development Block Grant Advisory Board for additional recommendations and comments.

Commissioner Ellis requested it go back to the CDBG Advisory Board without the MSTU money for land; and advised if Lots 5 and 7 are dropped, the original $90,000 allocation will cover the property to be bought. He expressed concern about use of MSTU money which may be needed for other South Brevard projects.

Commissioner Higgs advised nothing is being rushed; efforts are being made to minimize costs by considering the design of the Cuyler Center; there is no desire to evade community input; and it is standard procedure to advertise for site development engineering. She noted the Chairman of the CDBG Advisory Board has been consulted, and expressed concern; the Advisory Board had input at a number of points; Micco qualifies as a Community Development Block Grant area under the federal guidelines; and there has been no activity in Micco using CDBG funds, which is unfair to the people of South Brevard. She advised she will not support sending the issue back to the CDBG Board as it is time to move forward; and the Board will have an opportunity to see the second phase of the proposal and make a decision. She indicated willingness to discuss concerns. Commissioner Ellis agreed it is time to make a decision. Discussion resumed on whether the issue should be referred to the CDBG Advisory Board, which lots the County should buy, and whether it is appropriate to exchange construction improvements for property. Commissioner Scarborough advised the Cuyler Center question is separate; and inquired if that process can start. He recommended getting as much accomplished as possible if the Board decides to send the issue back to the CBDG Advisory Board.

Commissioner Ellis recommended amending the motion to delete Lots 5 and 7. Chairman Cook advised that will be included in the motion.

Commissioner Scarborough inquired if the CDBG Advisory Board should be requested to provide an opinion on that issue. Commissioner Ellis noted it is being done with MSTU money. Commissioner Higgs noted the price now is not the original price; the only way to accomplish it is the mechanism in the Agenda item; and if the Board is uncomfortable, it should decide now so it does not have to come up again. She suggested dealing with the issue of referring the item to the CDBG Advisory Board and then deciding on the deletion; with Commissioner Ellis responding that is fine. Chairman Cook advised of the need for an opinion. Commissioner Scarborough stated the motion is so vague he cannot support it; if it includes the concept of going to the CDBG Advisory Board on the other site, he has a problem because of the straw ballot; and if the Board does not honor the straw ballot, it will never be able to have another one to get public comment. Chairman Cook advised the Board needs the input of the CDBG Advisory Board, which is aware there was a referendum; and he has no problem incorporating the deletion of the two lots before sending it to the Advisory Board. Commissioner Ellis advised it can be done separately.

Commissioner O?Brien stated the CDBG Advisory Board is aware of the results of the straw ballot and needs to come to a final decision. Commissioner Scarborough inquired what else is the Board asking the CDBG Advisory Board to do; with Commissioner O?Brien responding his motion is to ask for the Advisory Board to say whether to go to Allen Avenue or Micco Park. Chairman Cook noted the Advisory Board will factor in the results of the referendum; but it should be given the opportunity to take another look at the issue because this was not the original determination when the funds were designated. Commissioner Higgs noted the previous support of the project from the CDBG Advisory Board; and stated she does not know what the Board will do if the Advisory Board goes against the outcome of the straw ballot. Commissioner Ellis noted the unfairness of sending it to the CDBG Advisory Board on the site. Chairman Cook inquired if Commissioner Ellis wants to delete the site part; and advised he is uncomfortable with the blanket approval. Commissioner Higgs noted there has never been a project like this. Commissioner Ellis suggested there could be four separate votes; and expressed concern about exceeding the money allocated. Chairman Cook suggested sending it to the CDBG Advisory Board but not on the site. Commissioner Ellis stated he does not know what to ask the Advisory Board; and it is time for the Commission to make a decision. Chairman Cook noted the money was not allocated for Allen Avenue; and there has been some question about whether the project is going to serve people in the target area, although it technically meets the standard. Commissioner Ellis stated both sites would serve the target area. Chairman Cook reiterated his desire for the issue to go to the CDBG Advisory Board and his concerns. Discussion ensued on whether the request is for blanket approval of the project. Commissioner Ellis expressed concern about the fairness of referring it to the CDBG Advisory Board again; with Chairman Cook advising it is not fair to divert federal money to another side which was not recommended by the CDBG Advisory Board. Commissioner Ellis stated if that is the issue, there should not have been a referendum.

Commissioner Scarborough inquired if the issue is being referred to the CDBG Board for the site or for comment; with Commissioner O?Brien responding his motion was to get additional recommendations.

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

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct staff to contact Rood & Zwick to discuss the capacity to use the Cuyler Center model.

Commissioner Ellis requested staff also look at Rodes Park; with Commissioner Scarborough responding staff can look at anything that would be applicable to save costs. Commissioner Ellis explained if the CDBG Advisory Board has concerns with the multi-year funding, the Rodes Park facility would be a backup as it is the same square footage and could meet the cost criteria.

Parks and Recreation Director Charles Nelson advised the County owns the plans, but to reuse the plans, the law requires it to get that right, and what is saved is the redesign charge.

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

Motion by Commissioner Ellis, to delete Lots 5 and 7 from the project. Motion died for lack of a second.

Commissioner Ellis explained why Lots 5 and 7 should be deleted; and stated Lot 6 will provide adequate width to put the secondary access. Commissioner Scarborough advised he may be willing to support such a motion after he is briefed on the impact, layout and utilization. Commissioner Ellis advised of problems that may occur if Lots 5 and 7 are deleted after it goes to the CDBG Advisory Board. Commissioner Scarborough recommended advising the CDBG Advisory Board of the Commission?s concerns. Commissioner Ellis expressed concerns about the MSTU budgets. Discussion ensued on when the CDBG Advisory Board would hear the issue and the extension of the option to buy. Commissioner Scarborough inquired if the County will have to advertise for an A&E firm regardless of the plan; with Mr. Nelson responding affirmatively.

Motion by Commissioner Scarborough, to approve advertisement for selection of an A&E firm.

Commissioner Ellis expressed concerns about having two A&E firms. Mr. Nelson advised the butler building comes with engineered plans, but there is still a level of A&E work required. Commissioner Ellis stated he prefers to have the same engineer do the site work and the building; with Mr. Nelson explaining how the engineers would be contractually tied together with a coordination clause.

Commissioner Ellis noted the importance of having the site engineer report to Rood & Zwick, and Rood & Zwick report to the County rather than having both report independently to the County.

The Board reached consensus to approve advertisement for selection of an A&E firm.

Commissioner Higgs noted although sizable community centers have been built in other areas, the use of CDBG funds in the target area has been limited; and as other people want more money in other areas, there may be difficulty in moving forward. Chairman Cook stated the Board recognizes and wants to meet the need in the Micco area. Commissioner Scarborough advised the issue will return to the Board on April 16, 1996.

The meeting recessed at 1:08 p.m. for Executive Session.

The meeting reconvened at 2:05 p.m.

PUBLIC HEARING, RE: ORDINANCE LIMITING CAST NET FISHING IN MANMADE RESIDENTIAL CANALS

Chairman Cook called for the public hearing to consider an ordinance limiting cast net fishing in manmade residential canals.

Assistant County Manager Stephen Peffer advised unless there is a Special Act of the Legislature, local governments cannot enact regulations for fishing; and two Special Acts are being combined putting State law into a County ordinance.

Tim Adams, 426 S.W. Maple Street, Sebastian, Past President of the Organized Fisherman of Florida, expressed support for the provisions of the ordinance.

Stuart Angus, 2157 Barracuda Avenue, Melbourne Beach; Andy Robinson, 1261 Wade Street, Palm Bay; Charlene Carver, 2157 Barracuda Avenue, Melbourne Beach; and R. J. Burus, 439 St. Georges Court, Satellite Beach, declined to speak.

W. D. Jaworowski, 431 St. Georges Court, Satellite Beach, expressed concern about the actions of fishermen; and advised manmade canals should be restricted to any fishing except by hook and line. Bill Belt, 452 St. Georges Court, Satellite Beach, expressed concern about noise created by fishermen; stated netting should not be done in the canals by commercial fishermen; and requested fishing be restricted.

Malcolm Jones, 297 Nikomas Way, Melbourne Beach, representing the Sunnyland Beach Property Owners Association, advised 99% of the residents concurred with no commercial fishing in residential canals and no night fishing by anyone except from the shore; and outlined the reasons for the residents? position.

Earl McNees, 476 St. Georges Court, Satellite Beach, advised of activities of fishermen in the Grand Canal; and expressed support for restricting commercial fishermen to the Indian and Banana Rivers.

L. V. Anderson, 467 St. Georges Court, Satellite Beach, declined to speak.

Tim Flack, 1475 Canaveral Court, Merritt Island, described his experiences with fishermen in the canals; and expressed support for restricting fishing to those who live in the County or close to the County.

Chairman Cook stated the Board wants to address the legitimate concern of those who live on manmade canals.

Commissioner O?Brien advised of phone calls received by his office from people expressing concern about fishermen taking everything from the canals and requesting fishing be restricted to daylight hours only. Commissioner O?Brien expressed hope that fishermen will self-regulate so more regulation will not be required. He expressed concern about robberies of waterfront homes occurring by people coming from the waterside and the resulting fear of the residents; and requested the help of fishermen to police other fishermen.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Ordinance amending Section 122-1 of The Code of Ordinances of Brevard County, which prohibits the taking of fish from any residential, man-made saltwater canal within unincorporated Brevard County, Florida except by hook and line and cast net thrown by hand to limit the size of cast nets to six feet or less between the hours of 11:00 p.m. and 7:00 a.m.; and amending the penalty provision to provide for prosecution in the same manner as a misdemeanor punishable by a fine not to exceed $500, 60 days in jail or both; providing for severability; and providing for an effective date.

Chairman Cook noted the times are set by State law. Commissioner O?Brien noted the Board could petition the State to change the law, but it does not want to go that far unless the problem gets to the point where something has to be done.

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

PUBLIC HEARING, RE: ORDINANCE FOR SMALL SCALE MANUFACTURING AS HOME OCCUPATION

Chairman Cook called for the public hearing to consider an ordinance for small scale manufacturing as a home occupation.

Ida Blickley, 4475 Swift Avenue, Titusville, advised if her name continues to be brought up in this matter, she will contact an attorney to file defamation of character charges. She noted 99% of the memorandums come from Commissioner Scarborough?s office; and inquired if he has proof of the accusations being made.

Commissioner Scarborough advised his secretary has taken the memorandums verbatim from Helen Smith; and he has referred the question of the propriety of how they are being forwarded to the County Attorney. Ms. Blickley inquired if there is backup for the accusations. Commissioner Scarborough explained his office did not verify anything in the memorandums. Ms. Blickley advised the Board voted 5-0 to turn this problem over to the County Manager; and inquired why the calls coming into Commissioner Scarborough?s office are not being referred to the County Manager or County Attorney. Commissioner Scarborough advised the matters are being referred to the County Manager without comment. County Manager Tom Jenkins advised how he is handling the questions. Ms. Blickley noted the Charter says Commissioners are not to get involved in personal problems. Chairman Cook noted Commissioner Scarborough is just forwarding a complaint to the County Manager, which is appropriate. Commissioner Scarborough advised how his office handles phone calls.

County Attorney Scott Knox explained there is no defamation that would be actionable because the communications between Commissioner Scarborough and staff are privileged communications which fulfill his duties as a public official.

Bea Polk, 101 River Park Boulevard, Titusville, advised the information in the package has nothing to do with the item the Board will be voting on; and outlined accusations included in the package. She addressed the issues of the petition, alleged changes in her zoning and use of hazardous wastes, and memoranda from Commissioner Scarborough?s office. She advised Ms. Smith is saying that Commissioner Scarborough has to take action because of a tape she has; and requested a copy of the tape. She advised of harassment and accusations of using hazardous materials; and requested Commissioner Scarborough tell the Board whether she is using hazardous wastes and materials. She noted the involvement of the hospital and the political implications; and advised her efforts for the taxpayers will continue in spite of harassment.

Commissioner Scarborough advised he does not know what Ms. Smith has told the neighbors; and the petition is not directed to the proposed ordinance, but is to stop the manufacturing business being conducted at Ms. Polk?s home. Discussion ensued on the petition and the accusations.

Nelly Strickland, 536 Mendel Lane, Titusville, advised of the business she ran without a license or complaint; and described the Appalachian cottage industry. She stated North Brevard County is living under a dictatorship; and described her experiences in World War II. She stated dictatorship is an improper way of governing; and noted problems with the hospital and lawsuits. She recommended the County get off its present track and allow people to live in peace.

Commissioner Scarborough advised the proposed ordinance applies to all people in the unincorporated area of the County; it is for cottage industries; it allows manufacturing in the home as long as it does not create traffic, noise, smoke, dust, odors, vibrations, heat, glare, fumes, electrical interference, or any other nuisances beyond what is common to a residential area; and it expands what people can do in their homes as long as the activity does not adversely affect the neighbors.

Ms. Strickland inquired how does Ms. Polk?s business hurt Ms. Smith; with Commissioner Scarborough responding that is not mentioned in the proposed ordinance. Ms. Strickland inquired if she can dictate her mail to Commissioner Scarborough?s secretary; with Commissioner Scarborough explaining how inquiries to his office are handled and what is unique about how Ms. Smith?s complaints are handled. Ms. Strickland advised of the involvement of the hospital; with Commissioner Ellis disagreeing. Commissioner Scarborough inquired if Ms. Strickland is recommending the Board not proceed with the ordinance; with Ms. Strickland responding the Board should let people do things in their homes like they have always done and leave Bea Polk alone. Commissioner Scarborough stated the ordinance has nothing to do with Ms. Polk; and explained the implications of the ordinance.

Tim Flack, 1475 Canaveral Court, Merritt Island, advised of accusations made against him; and inquired if the proposed ordinance would allow him to wash a car in his driveway, which he is not allowed to do now because he is in the car business. Zoning Official Rick Enos advised an automobile business cannot be run from a residence. Commissioner Ellis advising the proposed ordinance has nothing to do with the issue Mr. Flack is addressing. Discussion ensued on the applicability of the proposed ordinance to Mr. Flack?s circumstances. Mr. Enos advised even with the amendment, the ordinance will not permit automobile repair or sales from a residence. Mr. Flack expressed concern that washing or waxing a vehicle in his driveway is construed as running a business from his house. Commissioner Higgs clarified all activity in a home occupation is to be in an enclosed structure. Commissioner Ellis advised Mr. Flack is not operating under a home occupational license; and the proposed ordinance does not apply.

Chairman Cook inquired if there would be recourse if a neighbor was using a power saw in his business at 9:00 p.m.; with Mr. Enos explaining the revocation provisions. Commissioner Scarborough advised of the compatibility issue and the length of time of activities. Mr. Enos advised a determination would have to be made on what is common to a residential area, and the machinery or equipment can only be that which would be commonly found in a home or residential garage. Discussion ensued on the noise provisions of the ordinance. Commissioner Scarborough inquired about restrictions on transportation of products in and out of the home; with Mr. Enos responding there is no restriction at this time. Mr. Jenkins advised there is a provision relating to traffic. Commissioner O?Brien described a cottage computer business in his neighborhood; and addressed the question of storage.

Commissioner Higgs inquired about termination of permits based upon change of the scope of the home occupation, and grandfathering in of permits. Mr. Knox advised the permits would be indefinite unless there is a violation of Section 5. Chairman Cook suggested review of permits after a certain period of time. Chairman Higgs suggested a provision that all activities for home occupations must be conducted and all equipment stored in interior spaces. Mr. Enos advised it is inferred in that the principal use and appearance of the structure shall continue to be that of a residence, but it would be good to add a specific statement. Discussion ensued on a definite time period, a provision that activity and storage must be in interior spaces, inspections and review of licenses. Mr. Jenkins advised occupational licenses have to be renewed annually; and if a provision is included to authorize home occupational licenses on an annual basis subject to renewal each year, it is not being vested for any length of time. Chairman Cook requested the County Attorney develop language for annual renewal, specifying activities and storage be in the interior, and deleting the word ?excessive.? Discussion ensued on the need for fire inspections.

Chairman Cook noted he was asked to read a letter from Helen Smith, but it is part of the package which was distributed to all Commissioners and is available for the public.

Mr. Knox inquired if the Board wishes to have a sunset provision so the ordinance would be reviewed at the end of two years. Commissioner Ellis advised the intent is to review each license individually. Commissioner Higgs stated there should be some individual review, but if a future Commission wishes to change the ordinance, there should be no grandfathering in of individual licenses. Chairman Cook suggested application for renewal of license every two years. Mr. Jenkins advised how occupational licenses are issued and terminated is prescribed by Florida Statute; and suggested language could be included in the home occupation ordinance providing that the licenses are not automatically vested and must be considered on an annual basis. Mr. Knox advised it would be important to include that.

Commissioner Ellis advised the LPA recommended striking the sentence relating to landscaping, distributorships, contractors and building trades so those could be considered home occupations; the concern was that equipment would be left outside the house; but that has been addressed by the provision requiring all activity and storage to be in interior spaces; and it would be possible to have a license out of the home although the equipment would not be there. Mr. Enos suggested specifying those trades may be considered if equipment is stored on a vehicle that is completely located inside the residence. Commissioner Higgs stated all activity should be in interior space. Discussion ensued on storage of equipment, licensing of certain trades as home occupations, and parking of business vehicles in residential areas.

Mr. Knox suggested the following language: ?Each license will be reviewed and renewed annually at the same time that occupational licenses are renewed. The granting or renewal of a license shall not be deemed to vest or otherwise entitle the licensee to continue a home occupation or cottage industry that is not in compliance with Subsection 1. In the event the Ordinance is repealed at any time in the future, a home occupation or cottage industry shall not be deemed to have vested.? Commissioner O?Brien inquired if it should be ?appealed or amended?; with Mr. Knox responding that is fine. Chairman Cook noted the word ?excessive? has been deleted. Commissioner Higgs inquired about language requiring all activity and storage to be in interior spaces.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to amend the proposed ordinance to include requirement that all activity of the home occupation and storage be in interior spaces, that home occupational licenses shall be reviewed and renewed annually at the same time occupational license is renewed, and that the home occupation shall not be deemed to be vested.

Mr. Enos inquired if an interior space would have four walls and not be just a carport; with Chairman Cook responding affirmatively.

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

Motion by Commissioner Ellis, to amend the proposed ordinance to include the LPA recommendation, striking ?landscaping, distributorships, contractors, building trades shall not be considered home occupations.?

Commissioner Scarborough inquired why was that sentence included; with Mr. Enos explaining when lawn care services were added, staff recommended the sentence be added to prohibit the four uses. Mr. Enos explained why the uses were excluded; and advised with the provisions relating to traffic, noise, smoke, etc. and the requirement that all activity and storage be inside a structure, that prohibition may not be needed any longer. Mr. Enos noted it will be difficult for those types of businesses to meet those conditions.

Commissioner O?Brien described a problem that occurred in Diana Shores with a painter storing his materials and parking his trucks at the home; and emphasized the dangers of such storage. Commissioner Ellis noted an individual can have a post office box and still have the type storage Commissioner O?Brien described, but the County will not be aware of it. Discussion ensued on storage of hazardous materials in residential neighborhoods. Chairman Cook noted it was a close vote of the LPA; but his concern is once an occupational license is granted, there will be people who push it to the limit; and those are not truly home occupations. Commissioner Ellis noted there is nothing in the proposed ordinance which addresses inside storage of chemicals.

Motion by Commissioner O?Brien, seconded by Commissioner Cook, to adopt Ordinance amending Chapter 62, ?Land Development Regulations?, Code of Ordinances of Brevard County, Florida; amending Article VI, Section 62-1155 pertaining to zoning approval of home occupations; providing for conflicting provisions; providing for severability; providing for area encompassed; and providing an effective date.

Commissioner Scarborough suggested an amendment requiring that no materials having a propensity for toxicity or potential combustion be stored at the site of the home occupation. Discussion ensued on the proposed amendment. Mr. Knox suggested adding ?toxicity and combustion potential? after the word ?odors.?

Commissioner O?Brien accepted the amendment as part of the motion. Motion carried and ordered unanimously.

The meeting recessed at 3:33 p.m. and reconvened at 3:56 p.m.

PROPOSAL #P-5-6-09 AND PURCHASE ORDER, RE: VACUUM TRUCK SERVICES

Richard E. Bickler, 1435 35th Avenue, Vero Beach, representing Pipeline Sanitation, advised of the unusual nature of the bid notice which listed three criteria; and outlined the events leading up to the bid award. He noted questions arose about the bid information and travel time; and stated Pipeline?s prices included everything. He commended the Purchasing Division for its bid process. He stated Pipeline is the lowest most qualified bid; and recommended the County award the bid to Pipeline Sanitation.

Chairman Cook inquired if there will be no charge for travel time; with Surface Water Improvement Director Ron Jones responding that is correct.

Commissioner Ellis inquired if it is understood this will not be an ongoing use because the County intends to purchase a vehicle. Mr. Jones responded it was anticipated it would be four to six months before a truck would be available, but due to a cancellation, it will be possible to have a vehicle within 30 days; and the contract would provide for additional services that the County is unable to keep up with.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to award Proposal #P-5-6-09, Vacuum Truck Services, to Pipeline Sanitation at an estimated annual amount of $225,000; and authorize staff to execute a Purchase Order for the twelve-month period.

Commissioner Ellis expressed concern about the ability of someone from another county to provide service on an as-needed basis.

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

PUBLIC HEARING, RE: ORDINANCE AMENDING ARTICLE II, CHAPTER 46, CODE OF ORDINANCES ON SEPTIC SYSTEMS

Chairman Cook called for the public hearing to consider an ordinance amending Article II, Chapter 46, Code of Ordinances on Septic Systems.

Harry Fuller, 424 Dorset Drive, Cocoa Beach, representing the Space Coast Builders Association, expressed concern that the Building and Construction Advisory Committee did not review the final ordinance. He outlined his concerns about various aspects of the ordinance including inspections and fees for re-inspections; and requested the Board send it back to the Advisory Committee for review. He explained why an oversized septic tank is not necessarily an advantage; and recommended the County not go to the larger tank.

Commissioner O?Brien inquired if Mr. Fuller is requesting the public hearing be continued until the Septic Tank Committee reviews the ordinance. Mr. Fuller stated if the ordinance has not gone to the Local Planning Agency and the Building and Construction Advisory Committee, it should go to those bodies. He inquired about the criteria for sending an ordinance for review. Commissioner Higgs advised of the review process for the ordinance being considered.

Roy Pence, 4533 Canard Road, Melbourne, advised he served on the Task Force which worked on the ordinance; and requested the implementation date be set for a time certain in the future to give builders and septic tank contractors an opportunity to include the cost impact. He suggested a June 30, 1996 implementation date.

Jerry Wyles, 450 Indian Bay Boulevard, Merritt Island, owner of Coastal Septic Services, noted he can make money off every item in the ordinance; but expressed concern about the necessity of the proposed ordinance. He expressed concern about various provisions of the proposed ordinance including baffles, costs, and redundancy. He outlined problems involved with transportation of larger tanks, delays created by soil replacement, and additional fees for permits; and suggested the subject of rain gutters be addressed. He noted he has never seen a septic tank over a year old fail by lack of dig out or materials and workmanship.

Richard Wall, 5660 North U.S. 1, Cocoa, expressed concern about increased costs for housing due to increased costs for septic systems; and described his experiences in Port St. John.

Commissioner Ellis inquired about the baffle and two compartments. Greg Wright, Sanitarian Supervisor, advised prior to 1994, Rule 10-D6 did not require a filter or baffle; the County has required the baffle for several years; and the Task Force decided the inclusion of the filter in addition to the baffle wall would improve the quality of the effluent leaving the tank, increasing the life span of the drain field. Commissioner Ellis stated not having a baffle would increase the internal capacity of the tank. Mr. Wright stated the tank designs have to be reviewed by engineers in Tallahassee; and with or without the baffle, they have to meet size requirements. Commissioner Ellis inquired what is the increased cost of a baffle; with Mr. Pence responding $50; and it is a proven fact that a dual compartment tank provides a higher level of treatment. Commissioner Ellis inquired about tank installation; with Mr. Pence responding it impacts transportation methods and increases costs. Commissioner Ellis inquired if having the baffle and filter will meet the goal of better treatment without having to have a tank one size larger.

Chairman Cook inquired why was the ordinance not sent to the LPA and Building and Construction Advisory Committee; with County Manager Tom Jenkins responding because it went to the Task Force. Chairman Cook expressed desire to send the proposed ordinance to the LPA and Building and Construction Advisory Committee for review. Assistant Code Compliance Director Ralph Brescia stated the intent of the Task Force was to provide a better system for the consumer and the environment; and with the larger tank, the cost for maintenance is offset. Mr. Wright advised there is better effluent from a larger tank.

Commissioner O?Brien noted the consumer would pay more for a larger tank with a baffle and filter, but would have savings because of less failure of his drain field and less need to have the tank pumped out. Chairman Cook inquired would it pay for itself in ten years. Commissioner O?Brien explained why he likes the combination of the baffle and filter.

Commissioner Ellis stated the Board is in a position to make a decision; he voted against the larger size; and recommended striking the one size larger category because the effectiveness of the tank is being increased by the filter. He expressed concerns about the costs; and noted the County would be requiring more than what the State requires.

Commissioner Higgs advised this issue was brought forward by people in the industry who were seeing a large number of failures; and protections are needed for the home buyer. She noted the expense involved in replacing the drain field or septic system; and stated there may be some front end cost increase, but there will be improvements in water quality and decreased expense for replacement of the system; and she supports the three proposals reviewed by the Task Force.

Commissioner Scarborough advised of the necessity to get a system in that will keep septic tanks as a viable option in the County; and inquired about the cost increase to go to a larger tank. Mr. Wyles advised a minimum cost would be $320 more. Chairman Cook inquired if that cost is to Mr. Wyles or to the homeowner. Mr. Wyles responded the cost is to him. Discussion ensued on the costs and availability of transportation for larger tanks.

Commissioner Scarborough suggested requiring a larger tank unless the cost of installation is 50% more.

Commissioner Higgs inquired about a cost of $400 for a crane; with Mr. Pence responding that is a reasonable cost. Commissioner Higgs inquired why would an installer have to use a crane; with Mr. Pence responding because of the capacity of the truck to handle the weight of the tank. Mr. Pence stated the larger tanks are not necessary because the outlet filter with the baffle provides an additional level of treatment. Mr. Wiles noted he has never identified a tank failure due to size of tank. Commissioner Ellis agreed a causal relationship has not been established between tank size and failure rate.

Motion by Commissioner Ellis, seconded by Commissioner O?Brien, to adopt an ordinance amending Article II, Chapter 46 of the Code of Ordinances of Brevard County, Florida; amending Section 46-39, Paragraph (B) to add requirement for septic tank outlet filters and add soil excavation inspections; amending Sections 46-36, 46-38, 46-66, 46-67, replacing the title Consumer Health Services with Environmental Health Services; providing for severability; and an effective date, as amended to delete upsized tank and include July 1, 1996 as the effective date.

Commissioner O?Brien inquired if gutters would flood the back yards. Mr. Wyles advised in the majority of the failures, the water came off the roof into the drain field; and explained the consequences of the water. Commissioner O?Brien inquired if the gutters are not necessary because the filters are in place; with Mr. Wyles responding he is not saying that; and explained what happens when there is rain. Mr. Wyles noted requirement for rain gutters was on the septic tank permit at one time; and if the County wants to stop failures, that requirement should be on the permit. Mr. Fuller addressed the issue of rain gutters.

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

BOARD REVIEW, RE: UPDATED DRAFT OF HEALTH INSURANCE REQUEST FOR PROPOSALS FOR BENEFITS

Glenn Bryan, M.D., 5505 Sand Lake Drive, Melbourne, cautioned the Board to make sure it preserves quality of health care and choice while coming up with a cure for rising costs; and stated the system that is coming up is based more on costs than on quality. He explained how choice is being limited in health care; and noted even if doctors work for free, costs will continue to go up because of technology. Dr. Bryan advised of consolidation of the health care industry; and stated when health care is lined up inside one group, the patients will be controlled and owned with no choice. He noted the lack of choice in the HMO plans; and stated the gatekeepers keep people locked into the system with no choice or recourse. He recommended the Board make sure that physicians are not gagged, no matter what system the Board chooses; advised of an article in Time Magazine on the issue; and described a situation where a doctor in Melbourne was de-listed because of a comment made concerning the health care system. He inquired once everyone is controlled by the insurance companies that own the doctors, hospitals, etc., who is going to look after the patient; and explained the profit structure of health care. He stated he co-authored a memorandum with Dixie Sansom to the Board outlining concerns.

Chairman Cook expressed concern that physicians may be encouraged not to refer people. Commissioner Ellis stated he does not want a bonus or penalty system for referrals; explained his reasoning; and indicated willingness to pay more out of pocket expenses for the referral to a specialist. Chairman Cook agreed with Commissioner Ellis. Commissioner Higgs inquired what has to be added to the RFP. Human Resources Director Frank Abbate noted a clause that advises such practices are not acceptable could be added to the RFP process.

Commissioner Scarborough read aloud the questions under G.6 on page 38; and suggested adding a question about the practice of de-listing based on referrals.

Commissioner Ellis advised of the issue of reimbursement for emergency care; and stated those providers should be paid for their work in the emergency room. Mr. Abbate advised accident care is currently provided through the emergency room, and specific questions in the RFP deal with that issue.

Chairman Cook stated he is prepared to not have the question regarding the referrals in the RFP; and is not comfortable with a plan that would operate under those systems. Commissioner Ellis suggested using the G.6 section as a statement rather than a question. Commissioner Scarborough suggested proceeding with questions to see what is available and retain a capacity for negotiation.

Commissioner Ellis inquired about the current PPO system; with Mr. Abbate responding under the hospital system, it is 90% under the PPO system and 80% out-of-network, and for doctors, it is $10. Commissioner Ellis expressed desire to stay in that range. Mr. Abbate noted the vendors have been invited to make proposals on the existing package as a benchmark and they may make alternate proposals.

Dr. Bryan noted reimbursement for the emergency room does not answer the question as there will be referring physicians; there will not be an HMO doctor available; and the employees will be billed for the non-HMO doctor. Commissioner Ellis expressed concern that employees would be billed because they did not have time to wait for authorization. Commissioner Scarborough noted question G.7 deals with the issue. Commissioner Ellis recommended staff advise vendors that the County desires to have all physicians in an emergency room situation reimbursed through the insurance.

Commissioner O?Brien suggested specific language be included; with Mr. Abbate responding specific language will be included in the RFP and the contract.

Commissioner Cook inquired about independent pharmacists; with Mr. Abbate responding there is language relative to that.

Commissioner Scarborough suggested a specific question inquiring if there is policy de-listing physicians for referrals.

Commissioner Higgs inquired about the requirement for bidders to be established; with Mr. Abbate responding that is not exclusionary but for information. She inquired about certification and subcontracting of specialty credentialing; with Risk Management Director Gerald Jacobs advising those were questions not specifications.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve the updated draft of the Health Insurance Request for Proposals for Benefits, with the addition of a question under G.6, do you have a policy of de-listing physicians for referrals, and addition of G.7.a, indicating a desire for a system whereby anyone working on a patient in the emergency room would be reimbursed by the insurance company. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - LUCY HEIM, MDM STUDIOS, INC., RE: TALENT AGENCIES

Lucy Heim, 968-70 Pinetree Drive, Indian Harbour Beach, advised of the escalation of the problem with model and talent searches; and outlined her efforts to address the issue with the Florida Department of Professional Regulation, the Occupational License Office, Code Enforcement and Chairman Cook. She described the operation of such talent searches; noted they pay no taxes and have no accountability; and last week the House of Representatives elected to deregulate talent agencies. She noted the State?s efforts to bring the industry into Florida; and stated she is a member of the Space Coast Film Commission. She described an incident in West Palm Beach; and emphasized the vulnerability of young persons to such model and talent searches.

Commissioner Scarborough inquired if any counties have incorporated this occupation into their ordinances; with Ms. Heim responding negatively. Ms. Heim advised Code Enforcement is interested in addressing this; and noted Commissioner Cook acted in commercials, so he is familiar with the issue.

Chuck Maxwell, 140 Minna Lane, Merritt Island, indicated agreement with Ms. Heim?s statement, but emphasized the need for distinctions between agencies in any regulations imposed. He related a story concerning his daughter?s modeling contract which resulted from a contest. He requested the Board keep the avenues open for those who want to follow a modeling career by having standards for legitimate agencies.

Chairman Cook instructed the County Manager find out what other counties have done in this regard, confer with Ms. Heim, and return to the Board with information.

Commissioner O?Brien inquired about a time frame for the report; with Chairman Cook requested a report be provided within 30 to 60 days. County Manager Tom Jenkins requested 60 days to research the issue.

RESOLUTION OF NO OBJECTION, RE: AQUACULTURE LEASES

Bill Leeming, 3495 North Tropical Trail, Merritt Island, advised a substantial part of his income was derived from net fishing; he has lost that since the net ban; and the State has encouraged him to become involved in aquaculture. He noted his lease is in North Merritt Island in his back yard; he has riparian rights; and requested Board approval.

Mark Berrigan, representing the Department of Environmental Protection, Division of Marine Resources, explained DEP?s involvement in protection of marine and environmental resources and the encouragement of aquaculture at the direction of the Governor, Cabinet and Legislature. He noted the Indian River in Brevard County has historically been a center of the aquaculture industry, first for oysters and now for hard clams; and the Division has worked with the 43 applicants to place the aquaculture leases in suitable locations. He advised of the difficulty in finding such locations; and stated he provided the County with a report on shellfish aquaculture. He emphasized the Division does a comprehensive review before making a positive recommendation; and outlined the criteria, including desirability of proposed site from a resource management perspective, suitability of site for leasing, aesthetics, ability to include special conditions within the lease agreements to provide a level of comfort for commissions, environmental groups, etc., size of leases, and the applicants ability to do the work. He stated the Marine Resource Division recommends approval of the leases.

Chairman Cook inquired about distance from shoreline; with Mr. Berrigan responding if the applicant is not the riparian upland property owner, it would be necessary to get a waiver from the upland property owner to come within 100 feet of a dock or something like that.

Commissioner Higgs inquired about the number of acres available in Body C for shellfish leases; with Mr. Berrigan responding Body C has 13,500 acres, which is an estimate from the digitized maps. Commissioner Higgs requested a definition of total area and open area; with Mr. Berrigan responding the total area is the shellfish harvesting area; and the open area means that shellfish can be taken from the area and go directly to market. Commissioner Higgs stated in Body F, there are 12,000 acres of total available land, but only 6,000 are available for shellfishing; with Mr. Berrigan agreeing. Commissioner O?Brien inquired what happened to the oysters; with Mr. Berrigan explaining the increase in the salinity of the lagoon changed the environment making it more suitable for hard clams. Commissioner O?Brien inquired where can the public go to take some clams; with Mr. Berrigan responding the best thing to do is to call the Marine Patrol to get a harvesting map, and anyone can take clams from any open area that is not a leased area. Chairman Cook inquired how large is the open area; with Mr. Berrigan responding there are 65,650 acres in Brevard County approved during a seasonal program for harvesting of shellfish. Commissioner O?Brien noted there are licensed clammers; and inquired if his son wanted to take clams, would he require a license. Mr. Berrigan advised a license is not required for recreational clammers, but there is a limitation on the number of clams that can be taken. Discussion ensued on the numbers of clams which may be taken by a recreational clammer. Commissioner O?Brien inquired if recreational clammers will be frozen out by the leases; with Mr. Berrigan responding he hopes not.

Commissioner Higgs stated the issue is what percentage of the bottom land is acceptable to be allocated for private use; and outlined the number of leases in the County and the acreage. She expressed concern that approximately 10% of Body F is being excluded from the public?s use, and if the leases are approved today, it will be above the 10% threshold.

Commissioner O?Brien noted that leaves 90% open for recreation; advised of the problems of fishermen with the net ban; and stated aquaculture could be a $12 million per year industry. He stated as long as the public can go to areas to get clams, he has no problem with this as it is good for the County. Commissioner Higgs noted there are three displaced fishermen from Indian River County on the list of people requesting leases; at least six of the leases in Body F are from out-of-County, and none are displaced fishermen; and she has concerns. Mr. Berrigan outlined efforts of the Division of Marine Resources to address the issue, set limitations, and establish criteria. He advised of the pressure to have leaseholders in Body F because areas in Indian River County are leased to the National Wildlife Refuge, and of the discussions to try and open some of that area. He noted many of the people seeking leases in Body F had selected other sites which the Division found to be not compatible, and the Division requested they modify their requests and come into the high density lease area. Commissioner Higgs stated there are multiple leaseholders on the list; 35 leases may only be representative of 15 people or entities; and St. Johns, Gulf and Franklin Counties have chosen not to have aquaculture leases. Mr. Berrigan advised those positions have been based on social pressure, not criteria. Commissioner Higgs stated it is a recognition of the conflict between the uses of the resource.

Chairman Cook inquired again about the requirement for leaseholders to be out 1,000 feet; with Mr. Berrigan explaining the requirement.

Commissioner Higgs inquired when does the Board have to respond; with Mr. Berrigan responding after the notification, the Board will have 30 days to provide a resolution of objection. Discussion ensued on the time frame.

Commissioner O?Brien inquired about the return to the County of a portion of the money paid for the leases. Mr. Berrigan advised he is not certain that the County could not extract a tax, but the Division is only receiving $15 an acre on most of the leases. Commissioner O?Brien suggested $5 should go to the County and $10 to the State as the leases are in County waters. Mr. Berrigan suggested contacting the County?s Legislative Delegation. Commissioner Higgs inquired how much is the application fee; with Mr. Berrigan responding $200 with an annual lease fee of $15 per acre and a $5 surcharge to the trust fund to clean up sites. Mr. Berrigan explained the function of the trust fund. Commissioner O?Brien noted the County gets nothing. Commissioner Ellis noted the County also gets nothing from the open clammers. Commissioner Higgs stated her conflict is with the public?s land being set aside for private use. Commissioner Ellis stated his concern in the past has been if there is a resource and no controls on the resource, there is the tragedy of the commons, which is people who have no financial interest in the property taking everything they can with no incentive to leave anything behind.

Assistant County Manager Stephen Peffer advised he received a package of notices today which will be advertised on March 28, 1996, so rather than six weeks, the time frame is probably four weeks.

Jed Illig, 2000 Jones Avenue, Mims, stated he has been an aquaculture clam farmer for seven years; when land is leased, people can still boat on it, fish on it or crab on it; and the only exclusion is that people cannot clam on the property. He advised the State makes sure there are no clams on the properties to begin with. He noted he wants the leases to expand his business; he currently has one lease; and he lives in the County. He explained that although the County does not get part of the $15 for the lease, the money he makes and spends in the County is new money, so the County benefits from having new business.

Commissioner Ellis stated the areas of the river where the leases are located are areas without grasses or clams. Environmental Section Supervisor Conrad White advised the leases are typically sited over areas with less than one percent sea grasses, and in terms of productivity, the cutoff point is five clams per square meter. Commissioner Ellis emphasized the aquaculture people are going into the less desirable areas.

Mr. Illig advised of the recreational benefits of the leased areas. Discussion ensued on what activities are allowed on leased areas.

Keith Zickuhr, 744 Tompkins Street, Melbourne, stated he is an aquaculturist; crabbing, wade fishing, jet skiing, and walking are allowed on leases; and the only thing that cannot be done is to remove the cultured product.

Commissioner Higgs noted that is not the information she had; and inquired if she can walk, fish or put out a crab trap on a lease. Mr. Berrigan advised the law is not clear; it says people cannot do things on leases that would reasonably impair the leaseholders ability to do what he was granted the lease to do; and walking on the lease, dragging an anchor or running a motor could be considered to impair that action. He noted there are a lot of leases which people walk on, fish on, and run motors over; and a lot of it has to do with informing the individual what is there and what he can or cannot do. Commissioner Ellis inquired if the leases are in deeper water; with Mr. Berrigan responding in Brevard County, most leases are in greater than four and one-half feet of water; and where there would be people wading on the leases would be where the older leases are located in the Grant area. Mr. Berrigan noted in order to minimize conflicts, the Division avoids doing such leases unless the riparian owner makes the application. Chairman Cook noted a boat could not be kept from going over the leases; with Mr. Berrigan agreeing.

Mr. Zickuhr emphasized the potential for economic development in the aquaculture business, and that clams are a renewable resource.

Chairman Cook inquired about the term of the lease; with Mr. Zickuhr responding the initial term is ten years with a ten-year renewal option.

Phyllis Woodford, 9520 South Tropical Trail, Merritt Island, advised she is a retired teacher who became a clam farmer; and it is hard, laborious, risky work which involves individuals in environmental issues. She noted the river must be saved in order to grow clams and as an economic attraction for tourism. She advised of the problem with fresh water intrusion; and stated Commissioner O?Brien and Commissioner Ellis are working hard to help. Ms. Woodford emphasized the necessity of being good stewards of the river.

Commissioner Higgs noted she supports aquaculture; and inquired if Ms. Woodford is planting zebra clams; with Ms. Woodford responding no. Ms. Woodford explained what clams she is planting and their markings, and the question of shelf life of clams. Commissioner Higgs inquired if the clam that is being farmed is a spin-off of the natural clam and not an exotic clam; with Ms. Woodford responding it is the same old clam with markings to protect from illegal poaching.

Chairman Cook inquired why is there a twenty-year lease; with Mr. Berrigan explaining it is a ten-year term which can be renewed for ten years; and it is primarily because of the risk involved. Mr. Berrigan explained it will take between eight to ten years to bring the lease into full production; and it is not good business to cut it shorter than that. Chairman Cook inquired if that is based on historical data; with Mr. Berrigan responding it is based on the growth rate of clams and the investment needed for the lease. Mr. Berrigan explained the reasoning behind the lease programs and the small investment. Chairman Cook noted many of the leases are multiple leases; with Mr. Berrigan advising a high percentage of the applicants are currently in the business and looking to reduce the risk of a one-time loss of everything. Chairman Cook stated there are only so many leases available; with Mr. Berrigan agreeing it is a finite resource. Commissioner Higgs stated a tenth of Body F is being leased; a small fraction of the other bodies are being leased; and inquired what percentage is the State shooting for. Mr. Berrigan stated Body F provides a larger area that is suitable and fits the criteria; it is a traditional producing area; and it does not have large development on the shorelines. Commissioner Ellis stated areas of high grass cannot be used, so certain bodies are more amenable, and deeper waters have less interference with other activities.

Commissioner Higgs stated Body F has healthy water which is why people are interested in it. Discussion ensued on why Body F is suitable for clamming.

Chairman Cook inquired at what point are people being excluded from the process by others being given a twenty-year lease on a piece of a public resource. Commissioner Higgs noted it is on a first come, first serve basis.

Dr. Joe Weissman, 2086 North Porpoise Point Lane, Vero Beach, stated he is a research scientist; and described his clam farming business and the risks involved. He explained why he wants to farm in Body F, and why it is such a suitable area. He noted there are essentially no clams per square meter in the area; the leases will not impede recreational people or wild clammers from an area where there are clams; and explained why the area is ideal for seeding but not for catching wild clams.

Commissioner Ellis inquired what is the present density of clams in this area; with Mr. Berrigan responding zero. Commissioner Higgs stated that is because a few years ago there was a wonderful crop of clams, and the resources was totally used up by commercial clammers. Commissioner Ellis stated when there is an open resource, people have no incentive to leave anything behind. Dr. Weissman stated that is not the whole answer; with Commissioner Higgs advising it is a significant part of the answer. Dr. Weissman stated the resource was used more rapidly than if there had been good control; but there has been ample time for the area to have naturally reseeded itself.

Commissioner Ellis and Commissioner Higgs exchanged comments on the depletion of the area during the 1980's.

Dr. Weissman advised the aquaculturists are planting millions of clams in the area; and they spawn and reseed adjacent areas. Commissioner Higgs stated the amount of reseeding is very limited. Dr. Weissman stated there are not 655 acres available in currently open waters; and a lot of the leases are in areas that are closed or being closed for water quality reasons.

Bruce Alles, 6775 Los Pamos Drive South, Grant, stated he has been a clam farmer for ten years and does not have a lease, but would like to get a five-acre lease in Body F. He explained the difficulties in clam farming including the hard work and having to invest money and wait years for a return. He noted he currently works with other clam farmers sharecroppping; and he would like his own clam farm.

Mike Hearndon, 11 South Magnolia, Fellsmere, stated he lives in Indian River County, but his great-great-grandfather moved to the Titusville and Rockledge area in 1864. He stated he is a displaced commercial fisherman; in 1988 he got involved in aquaculture as a sharecropper; and last year he made his living strictly from aquaculture. He advised of his investment; and stated he has an application in for a lease in Body F.

Chairman Cook stated he does not understand the twenty-year lease; and inquired if twenty years is the norm everywhere. Mr. Berrigan stated the Board of Trustees accepted the recommendation of the aquaculture groups to go with ten years; and within the lease agreement, the leaseholder agrees to comply with later adoption of rules, fees, etc. Chairman Cook inquired about the additional ten years; with Mr. Berrigan responding the additional ten years is a legal interpretation that says if both parties agree, the leaseholders can renew for ten years; and if there is disagreement, the Board of Trustees can not renew the lease. Chairman Cook reiterated twenty years is a very long lease; and inquired at what point is the term too long for public property without any sort of competitiveness. Commissioner Ellis noted if someone leaves a lease, the next person will have to go through all the capital expenditure; they will not be able to walk in and pick up clams; and it is necessary to look at how long it takes to make a return in clamming, which is what is driving the ten and twenty years. He noted Melbourne Airport leases out property almost indefinitely because if a corporation puts a plant on the property, it does not want to be in a position in ten years where it has to move; and he is not sure how the Division of Marine Resources decided on a number, but it must be tied to the return on capital investment required to go into this business.

Commissioner O?Brien noted the risk involved in farming; and advised of the problems with fresh water intrusion. He stated Port Canaveral leased huge areas to people thirty or forty years ago; after fifteen years, those people subleased their property for a substantially higher amount of money; and people made a lot of money from the leases without raising a finger. He recommended leases revert to the State rather than being subleased. Chairman Cook agreed people made a fortune off of speculation. Commissioner Ellis inquired if there would be some right of first refusal; and suggested DEP look at something to avoid the speculation issue. Commissioner O?Brien advised there is a system in place at Port Canaveral now so that property is leased at fair market value.

Commissioner O?Brien expressed concern about Florida Marine Patrol having to provide more enforcement to protect the leases without the State funding another patrolman. He explained why leasing the property is good for the County as an economic engine. He indicated his support of the resolutions; but requested Mr. Berrigan advise Tallahassee the Board brought up the history of Port Canaveral and the problems with leases which were improperly done. He requested Mr. Berrigan advise the people in Tallahassee that the County may require a part-time Marine Patrol officer to help protect the crop. Mr. Berrigan conceded those are valid points which are not new; the issue of subleasing has disturbed a lot of people; and efforts have been made to ameliorate that situation. Commissioner O?Brien inquired if the State has been successful in those efforts; with Mr. Berrigan responding not with the Legislature, but they are trying to encourage growth of the industry and not put an upfront cost on them.

Chairman Cook stated this is being presented as being good, but the problems with subleasing and Florida Marine Patrol have not been solved. Mr. Berrigan advised the mandates have to be changed in the Legislature which is pro aquaculture; legislation is being developed to correct a number of the issues, but not the one the Board is specifically concerned about; and there are a lot of legal ramifications which are difficult to deal with. He noted the Division understands the increased enforcement responsibilities of Marine Patrol.

Commissioner Higgs stated farming is a risky business; and the public land is being leased for a low price. She stated the natural process of the river will not take place when the river bottom is covered by bags of clams; Body F is now over 10% leased; the Board and the State will have to determine a level at which it will not continue to lease public lands; and this is the same sovereign land issue as in the St. Johns River. She stated only a small portion of Bodies A, B, and C are being leased; however, Body F exceeds an acceptable level; and while she can support the other leases, she cannot support those in Body F. She requested the Board take further public comment in regard to aquaculture and discuss what is an acceptable level in the Indian River.

Chairman Cook stated those items should be reflected in the resolution along with the County?s objection to speculation and subleasing. Commissioner Higgs suggested a time period be addressed. Discussion ensued on the necessity of a time period. Chairman Cook stated he would like everything the Board discussed such as the subleasing, the time, etc. to be reflected in the resolution, and come back to the Board at the next meeting.

Commissioner Scarborough inquired if someone has a lease and does not use it, does he lose it or can he hold it. Mr. Berrigan stated there is compliance monitoring through audits; and explained the procedure. Mr. Berrigan stated if the leaseholder is not complying with the business plan, the State begins the process of bringing the leases back, at which time they may be competitively bid.

Commissioner Higgs stated there are perpetual leases, and as long as the individual pays the fee, they are not subject to the State taking them back. Mr. Berrigan advised that is why the ten and twenty-year leases look good. Commissioner O?Brien compared the aquaculture leases with leases of natural resources in the western United States to cattle ranchers. He reiterated even though 10% is leased, 90% is left for recreational use.

Chairman Cook stated he is not objecting to these particular leases, but the resolution has to reflect the concerns of the Board, and he would like to see it at the next meeting.

Motion by Commissioner O?Brien, seconded for discussion by Commissioner Cook, to table consideration of resolution of no objection for aquaculture leases to the next meeting, and directed that the resolution reflect the concerns addressed by the Board.

Mr. Peffer advised the State is about to issue the notices which will be advertised in the newspaper, and the Board will have 30 days; and recommended the Board address the resolution of no objection at the April 23, 1996 meeting. Chairman Cook stated that is fine; with Commissioner O?Brien agreeing.

Chairman Cook called for the vote on the motion to table consideration of the resolution of no objection to April 23, 1996. Motion carried and ordered unanimously.

The meeting recessed at 6:21 p.m. and reconvened at 6:42 p.m.

ACCEPT STAFF REPORT, RE: CODE ENFORCEMENT ACTION AGAINST SUSAN STEVENS

Susan Stevens, 1331 Lake Drive, Cocoa, stated the Code Enforcement Board has determined that since she has a substantial interest in the property, it will need to rehear the case. She requested the Board take a stand on the issue of harassment, to protect citizens from their neighbors. She expressed disagreement with Code Enforcement?s definition of junk vehicles; advised she has antique, collectible cars in her yard; and requested the issue be adequately addressed in the ordinance. She requested Code Enforcement actions on her property be deferred until this is adequately addressed. She noted other properties in the neighborhood are not in compliance. She read aloud a memorandum from Commissioner O?Brien to Code Compliance Director John Sternagel requesting Code Enforcement check Lake Drive for Code violations, and advising he will make the complaints. She noted a survey would have been fine for the Board?s information; but Commissioner O?Brien making complaints will have a snowballing effect, pitting her neighbors against her. She stated Commissioner O?Brien?s intent was not to help her.

Commissioner O?Brien advised Ms. Stevens called his office to report her neighbors, and asked him to take action; with Ms. Steven disagreeing. Discussion ensued on whether Ms. Stevens requested Commissioner O?Brien to take action.

Chairman Cook stated the Code Enforcement Board will rehear the case.

Ms. Stevens explained how her neighbors have been misled; and outlined other problems. She stated by Florida Statute, vehicles on the right-of-way are a problem for the Sheriff?s Department and not Code Enforcement. She stated Code Enforcement came to her property initially on something that is not a Code Enforcement issue, and changed the complaint to get into her property. She expressed concern about being required to maintain her property while other County properties are not in compliance, specifically rights-of-way. She provided other examples of Code Enforcement actions, violations, and inconsistencies. She noted inconsistencies within the Code Enforcement Board in terms of levying of fines. She noted inaccuracies in the record. She stated if she had to clear her property, she would have to break the law, because without a dealer?s license she can only sell three vehicles a year, or get a dealer?s license, which she cannot afford. She noted Code Enforcement does not help; it only makes things more difficult; and it does not offer solutions.

Chairman Cook inquired how many vehicles are on the property; with Ms. Stevens responding 70 vehicles, most of which are antiques and collectibles.

Tim Flack, 1475 Canaveral Court, Merritt island, submitted paperwork and pictures; and stated he is present to address the issue of harassment of neighboring property owners. He advised of his experience with Code Enforcement and violations at his home; stated he has been levied a $15,000 fine against his property; and he can understand Ms. Stevens problem. He noted there is crime in the neighborhoods, but Code Enforcement goes after working people; and recommended there be some sort of mediation between neighbors. He advised he is contemplating a lawsuit; and outlined problems in his neighborhood.

Barbara Dillabough, 3670 Buddy Drive, Melbourne, advised of her interest in Ms. Stevens case. She stated she knows Code Enforcement is wrong some of the time; and described her experiences with Code Enforcement. She stated Code Enforcement has been changed to Code Compliance; and advised of internal problems in Code Enforcement. She expressed concern about destroying families, pitting neighbors against neighbors, and the money the County is having to pay for lawsuits. She noted Commissioner O?Brien?s investigation of the neighborhood will put Ms. Stevens and her five children in a dangerous position because her neighbors will think she is the cause of the investigation. She advised she does not believe Commissioner O?Brien. She requested Mr. Jenkins get rid of Code Enforcement.

Chairman Cook stated the Code Enforcement Board has decided to hear this case again.

PUBLIC HEARING, RE: APPROVAL OF 96A COMPREHENSIVE PLAN AMENDMENTS FOR TRANSMITTAL TO FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS

Chairman Cook called for the public hearing to consider approval of 96A Comprehensive Plan Amendments for transmittal to the Florida Department of Community Affairs.

Harold Clayton, 1705 Westport Road, Merritt Island, stated he owns fifteen acres near the Valkaria Airport; it was originally four units per acre; and a couple of months ago it was changed to one unit per acre. He described the neighborhood; and stated the change was one of the silliest things he ever heard.

Planner II Mel Scott advised Mr. Clayton is speaking on 96A.V.1; and he is requesting his property be removed from the amendment. He explained the amendment is to lower the residential density map classification from four units per acre to one unit per acre. He noted Mr. Clayton?s property includes Lots 753, 754, and 756; and staff has no problem removing those lots from the amendment.

Motion by Commissioner Scarborough, to delete Lots 753, 754 and 756, owned by Harold Clayton, from Amendment 96A.V.1.

Commissioner Higgs inquired where is the property on the map; with Mr. Scott advising of the location.

Chairman Cook seconded the motion. Motion carried and ordered. Commissioners Scarborough, O?Brien, Cook, and Ellis voted aye; Commissioner Higgs voted nay.

Mr. Scott advised the owner has requested on the same parcel, the lower piece which is zoned AU, be removed from the amendment; and the LPA voted unanimously to delete the parcel from amendment V.1.

Commissioner Higgs inquired if that is staff?s recommendation; with Mr. Scott responding this is what has been requested. Commissioner Higgs stated this went through the Small Area Planning process; and she has a problem deleting that parcel. She inquired if there is a special issue involved; with Commissioner Ellis responding the proximity to the industrial property and the railroad. Commissioner Higgs stated she talked to the owner of the parcel; a number of issues were raised; and Mr. Nelson objected to the one unit per acre because the property abuts industrial use, the railroad, and has an FP&L easement. She advised she will submit her notes from her meeting with Mr. Nelson.

Dan Nelson, 5070 North A1A, Vero Beach, stated the property is mixed use which would allow four units per acre; he does not think it will go to four units per acre; and advised of the proximity of the land to industrial property, FP&L high tension wires, and Old Dixie Highway. He advised he addressed the Citizens Resource Group (CRG) which recommended it not be passed without being reviewed further and that all the property owners be notified by certified mail; and the Local Planning Agency (LPA) recommended the parcel not be included.

Commissioner Higgs stated Mr. Nelson had concerns about other properties. Mr. Nelson advised he has properties in 96A.V.2; explained why he is making his requests; and noted he has other properties on which he is not requesting changes.

Chairman Cook stated if staff has no objection, he does not see why Mr. Nelson?s property cannot be deleted. Commissioner Higgs inquired if the property would be left as AU; with Mr. Scott responding that is correct. Commissioner Higgs inquired if it would be one unit per two and one-half acres; with Mr. Scott advising it would leave the door open for them to apply for a rezoning.

Commissioner Higgs stated the land use is residential with an AU zoning; and expressed concern about the density being allowed. She stated she recognizes there are features in the parcel that will make it difficult to develop; however, it is off Old Dixie Highway, and it was the goal of the Small Area Plan Group to maintain a rural residential character in Valkaria with a recommended one unit per acre. She advised she will not vote to delete the property.

Chairman Cook stated he does not see the harm in deleting it; and if they come back for zoning, it will have to go through the process. Commissioner Ellis stated this is 45 out of 411 acres. Chairman Cook noted he shares Commissioner Higgs? concerns about density. Commissioner Ellis noted the mixed use has been removed. Commissioner Higgs stated this is 96A.V.1 which is going from existing density of four units per acre to one unit per acre; and it is not addressing the mixed use. Commissioner Ellis stated the mixed use district is where the IU is located; and inquired if the area will be designated residential and not mixed use; with Mr. Scott advising that is correct. Commissioner Ellis stated he sees no problem in deleting it as there will only be homes, and no further industrial. Commissioner Higgs expressed concern about the density of the homes and the infrastructure. Chairman Cook stated that would be addressed in the zoning process. Commissioner Higgs indicated desire to move forward with the residential and the density, and the designation be suburban at one unit per acre.

Motion by Commissioner Ellis, to approve 96A.V.1 at two units per acre. Motion died for lack of a second.

Mr. Scott noted that is not what is being requested, but there is a future land use designation which could accommodate that. Chairman Cook inquired what would the designation be; with Mr. Scott responding the designation is currently four units to the acre on the residential density map. Mr. Scott advised this is for transmittal, and the Board will consider it again for adoption. Commissioner Ellis expressed concern that the industrial property not be extended down; with Chairman Cook advising that will not happen by deletion. Mr. Scott stated this is the residential density map; and the issue of mixed use district, residential land use, or industrial land use is not within the amendment. He stated if the Board removes the property from consideration, there will have to be an amendment proposal by the applicant to change the future land use map from residential to industrial.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to delete Mr. Nelson?s property. Motion carried and ordered. Commissioners O?Brien, Cook, and Ellis voted aye; Commissioners Scarborough and Higgs voted nay.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to approve 96A.V.1 as suburban residential at one unit per acre with the previous deletions. Motion carried and ordered unanimously.

Commissioner Higgs stated Mr. Nelson?s property is in 96A.V.2; and he objects to the removal of the mixed use district, making it residential. She noted residential would allow a BU-1-A commercial zoning, if requested.

Mr. Nelson inquired about the acreage; and stated the property is not 22 acres. Mr. Scott stated the entire amendment area is 22 acres; and Mr. Nelson?s parcel is 8 acres. Mr. Nelson stated 96A.V.2 included an 8-acre tract at the intersection of Valkaria Road and U.S. 1 which is currently zoned BU-1; it was rezoned at the recommendation of Planning and Zoning several years ago; BU-1 was recommended by staff to take it out of GU; and it was unanimously approved by the P&Z Board and the Board of County Commissioners. He noted the taxes have been paid based on U.S. 1 frontage; and described the surrounding properties. He explained the noise and safety issues in the area. He stated two real estate agents have indicated changing the designation from commercial to mixed use would be contrary to the highest and best use. He listed the nearby businesses; stated a real estate broker advised he would not take the listing as residential; and outlined the traffic concerns. He stated there is no reason for the property to be changed from BU-1 to residential; and the CRG and LPA did not approve the change, and recommended it be deleted.

Commissioner Higgs advised the CRG desires a less intense commercial use in the area to maintain the residential character; and a BU-1-A with a residential land use would make sense. She stated she can support the Small Area Plan designation of residential.

Motion by Commissioner Higgs, to approve 96A.V.2. Motion died for lack of a second.

Commissioner Ellis inquired if Mr. Nelson was not present when this first came before the Board because he had not been notified; with Mr. Nelson responding there was more than one person who did not receive notification. Mr. Nelson explained the notification problems. Commissioner Ellis noted there is not much residential on the east side of the railroad track, most of the property is vacant on the east, and industrial is on the west side. Chairman Cook inquired if the LPA recommended this be deleted; with Mr. Scott responding the LPA voted 8 to 1 to deny this proposal. Mr. Scott noted the Small Area Planning process took place over a year; at the end of the process, 6,500 notices were sent out to everyone in the Valkaria area; and when they went on with the process for the amendments, the County sent out an additional 800 notices. He stated when the CRG meetings were held, the CRG indicated it was not comfortable with the notification process; and the recommendation was for a certified letter to be sent, but the cost is $2.50 for a certified letter. He noted there is no question that Mr. Nelson was notified of the amendment process at the beginning of the CRG process. Discussion ensued on whether residential land use would be appropriate, the ability to have BU-1-A in residential land use, the character of the area, and the size of BU-1-A properties.

Motion by Commissioner Higgs, to approve 96A.V.2 as residential land use. Motion died for lack of a second.

Commissioner Scarborough expressed concern about limiting property with road frontage on two sides to BU-1-A. Commissioner Cook concurred. Commissioner Ellis advised BU-1 is less intense than BU-2 or industrial zoning. Commissioner Higgs advised the people feel there is sufficient intensity with the high industrial use on Old Dixie Highway. Commissioner Ellis expressed concern about making one property owner pay the price because there is industrial property in the area.

Discussion ensued on the appropriate action to take to retain the zoning on the property, and whether the action should be for all the acreage or just for Mr. Nelson?s property. Mr. Nelson noted all the property is not fronting on the railroad, Valkaria Road and U.S. 1. Chairman Cook stated he has not problem deleting Mr. Nelson?s property because of its location and access.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to delete Parcel 6669 from 96A.V.2. Motion carried and ordered. Commissioners Scarborough, O?Brien, Cook, and Ellis voted aye; Commissioner Higgs voted nay.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to approve Amendment 96A.V.2, as amended. Motion carried and ordered unanimously.

Mr. Scott clarified the Board?s motion was to transmit 96A.V.2 to the Department of Community Affairs with the exception of those properties identified by zoning identification number 6669.

Commissioner Higgs stated 96A.V.3 is changing the golf course from public facilities to recreation.

Motion by Commissioner Ellis, seconded Commissioner Higgs, to approve Amendment 96A.V.3, changing properties identified as the golf course from public facilities to recreation. Motion carried and ordered unanimously.

Commissioner Higgs stated 96A.V.4 is a mixed use district on Valkaria Road which is going to residential land use.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to approve Amendment 96A.V.4, changing a mixed use district on Valkaria Road to residential land use.

Commissioner Ellis expressed support for the deletion of the mixed use district, and leaving the Babcock Street property alone as commercial on the major corridor. Commissioner Higgs noted the Babcock Street property is not included in this transmittal.

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

Mr. Scott stated 96A.V.5 proposes to change the future land use map from agriculture to residential. Commissioner O?Brien inquired why was the AU to the southeast left out; with Planner I Todd Corwin explaining the amendment only includes the existing and future phases of Cypress Creek Subdivision. Commissioner O?Brien expressed desire to do the whole thing at one time. Commissioner Ellis noted some properties may want to stay AU. Mr. Scott explained the Small Area Plan process recognized the platted subdivision as residential, but did not address the three parcels. Commissioner Higgs expressed concern about this not being noticed and advertised.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to approve 96A.V.5 as recommended. Motion carried and ordered unanimously.

Larry Harrell, 899 Canaveral Groves Boulevard, Cocoa, advised Joe Yasecko could not stay but is in favor of the mixed use district. He described his property which is zoned BU-2; and expressed support for the mixed use district. Commissioner Scarborough advised Mr. Harrell is addressing amendment 96A.G.4. Mr. Harrell inquired if there is any way the mixed use could be moved to the other lot; with Planner II Todd Peetz explaining if Mr. Harrell wanted to expand his business, he could apply for BU-1 or BU-2, and a mixed use expansion, if approved, could be included at no extra cost, but it is not part of the procedure the Board is considering at this time.

Commissioner Scarborough commented on the Grissom Parkway amendments, including the interchange with I-95. Commissioner Higgs inquired what does the current Comprehensive Plan say in regard to commercial and industrial, and wetlands. Mr. Peetz advised the future land use map does not have a policy saying there cannot be wetlands on industrial property; but when it gets to zoning, there is no industrial use in wetlands; and at this time a mixed use district can be located across a broad area, but at the site plan stage, the parcel will be evaluated more specifically.

Discussion ensued on the ability of commercial and industrial to exist in wetlands, the contradiction in the Comprehensive Plan between the future land use map and the wetland provisions, the Amendment which has been submitted to the Department of Community Affairs regarding wetlands, the need for wetland mapping, the expense of dealing with these problems, and what land uses are appropriate.

Commissioner Scarborough inquired if Commissioner Higgs knows where she would want to draw the lines to be out of the wetlands; with Commissioner Higgs responding she does not. Commissioner Scarborough inquired what should the Board do; with Commissioner Higgs advising the Board is making the request for change. Commissioner Scarborough noted the Board is doing this because of other things mandated by good planning. Commissioner Ellis advised of the impossibility of providing a legal description for every wetland. Commissioner Higgs expressed concern that there are 30 to 40% wetlands, and the Board will make a land use determination without knowing the character of the land. Chairman Cook advised regardless of the Board?s decision, the property cannot be developed with any net loss of wetlands, and it would still be necessary to go through permitting. Commissioner Scarborough noted there are a number of criteria

for planning. Commissioner Higgs stated the Board should know the physical character of areas before making broad land use decisions; in this case, she has information that 30 to 40% of the area is wetlands; and she questions the decision to put commercial/industrial there today. Commissioner Scarborough inquired who should spend the money to find out that information; with Chairman Cook advising before any development happens, it will be necessary to comply with all rules of the County and regulatory agencies, as well as meet the no net loss criteria. Commissioner Ellis noted mixed use can be residential and commercial. Commissioner Scarborough noted taxpayer dollars will have to carry the entire burden; and he is not prepared to have them become the financier for the developer.

Chairman Cook stated he does not want commercial or industrial development in wetlands, and with the permitting process, it will not be allowed. Commissioner Higgs inquired if staff has information on the percentage of wetlands; with Mr. Peetz responding 30 to 40% is an approximation, and an actual wetlands analysis has not been done for this site. Mr. Peetz advised mixed use could be commercial or residential; and the property owner has expressed interest in reconfiguring the lots to suit commercial needs. Mr. Scott advised the philosophy of having a mixed use district proposal of this size, when it is conceded there are possibly 30 to 40% wetlands, is to give the ability to place structures outside the wetlands. Chairman Cook stated there could be less impact by having such a large parcel; and it has never been the intent of the Board to destroy wetlands. Commissioner Ellis advised there has never been an amendment with a jurisdictional mapping of the wetlands; and to do what Commissioner Higgs is suggesting would require a legal description of every jurisdictional wetland. Commissioners Ellis and Higgs exchanged comments on the relevancy of the information. Chairman Cook reiterated his comments regarding permitting and restrictions.

Commissioner Scarborough stated 96A.G.2 is at the curve of the road; and described the area. He noted if PIP was ever requested, it would make sense. Mr. Peetz noted Mr. Yasecko, who is the owner of the property, is amenable to PIP.

Commissioner Scarborough stated 96A.G.3 is property the County acquired through condemnation. Mr. Peetz advised the property was acquired, and then optioned back to the seller; and many of the property owners decided to retain ownership. Chairman Cook inquired if this is the 80 acres adjacent to the jail. Mr. Peetz advised it was the right-of-way that was taken for Grissom Parkway; and explained the process which resulted in some non-conforming, unusable parcels. He advised of future problems; and noted the CRG recommended a two unit per acre density. Commissioner Scarborough expressed concern about curb cuts; and recommended denying this portion. Commissioner Ellis inquired about the condemnation process; and Mr. Scott explained parcels were damaged to such a point that it constituted a taking, and the property owners were compensated for 100% of the value. Commissioner Ellis inquired why the County did not get title; with Mr. Scott explaining. Chairman Cook inquired when this occurred; with Mr. Peetz responding 1988 or 1989.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Amendments 96A.G.1, 96A.G.4 and 96A.G.5, deny Amendment 96A.G3 and approve Amendment 96A.G.2 as PIP. Motion carried and ordered. Commissioners Scarborough, O?Brien, Cook and Ellis voted aye; Commissioner Higgs voted nay.

Mr. Scott clarified the Board voted to approve Grissom Parkway #1, amend the application for #2 to PIP, denied Grissom Parkway #3, and approve Grissom Parkway #4 and #5.

Commissioner Higgs advised the Ports, Aviation, and Related Facilities item was recommended unanimously by the CRG and LPA.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to approve the Amendment to the Ports, Aviation and Related Facilities Element. Motion carried and ordered unanimously.

Mr. Scott advised there is a proposal to remove the adopted status of the Data, Inventory and Analysis.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to remove the adopted status of the Data, Inventory and Analysis in the Comprehensive Plan.

Commissioner Scarborough noted there will still be data and analysis, but it will not be part of the Plan.

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

Growth Management Director Susan Hann requested permission to include the Metropolitan Planning Organization?s long-range plan in the Comprehensive Plan so property owners will be aware of potential projects. She noted the amendment does not carry any weight for implementation as those decisions would be made by the appropriate implementing agency.

Commissioner Higgs stated it is premature to include the MPO Plan in the Comprehensive Plan.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to not include the MPO Plan in the Brevard County Comprehensive Plan. Motion carried and ordered unanimously.

Chairman Cook inquired if there is authorization for the Chairman to sign the transmittal letter.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approved transmittal of Comprehensive Plan Amendments 1996A as discussed and based upon thorough review of supporting data and analysis, careful consideration of the recommendations of staff, the Valkaria Citizens Resource Group, the Port St. John and Canaveral Groves Citizen Resource Group, the Environmental, Infrastructure and Land Use Citizen Resource Groups, the Local Planning Agency, written and oral public comments received, specifically Comprehensive Plan Amendments to Valkaria 1, 2, 3, 4, 5, to the Ports, Aviation and Related Facilities Element, Grissom Parkway 1, 2, 4, and 5, and to the Data Inventory and Analysis portion of the Plan, as well as other amendments necessary to maintain internal consistency; and authorize the Chairman to execute the transmittal letter. Motion carried and ordered unanimously.

DISCUSSION, RE: PROPOSED AMENDMENTS TO NOISE ORDINANCE

Chairman Cook inquired if Mr. Reid or Mr. Pinfield are present; with no response heard. Commissioner Higgs suggested dealing with issues for which people are present. Discussion ensued on the Agenda.

PERSONAL APPEARANCE - THOMAS W. STRATTON, RE: FIRST ANNUAL BREVARD COUNTY ALL-STAR FOOTBALL GAME

Tom Stratton, 2835 Ranch Road, Melbourne, representing Big Brothers/Big Sisters and the All-Star Game, explained the proposal for a Countywide All-Star Game on December 16, 1996. He advised the School Board has given permission to hold the All-Star Game as long as it does not have to contribute financially and the event has liability insurance. He noted the need for $11,000 to $12,000 which will be raised in the community; and requested the Board affirm the event by allowing the trophy to be called the Commissioners? Cup and contributing $1,000. He noted the goal is to have ten sponsors contribute $1,000 each to defray the costs of organizing and putting on the game.

Commissioner Higgs inquired if the request is for a donation of $1,000 and the group will designate the trophy as the Commissioners? Cup. Mr. Stratton stated he assumes the Chairman of the Board would award the Commissioners? Cup to the winner of the game.

Motion by Commissioner Higgs, to approve participation in the amount of $1,000 in the First Annual Brevard County All-Star Football Game.

Commissioner Ellis suggested each Commissioner raise $200. Chairman Cook stated he would prefer to commit to raise the $200. Commissioner Ellis suggested each Commissioner make a pledge to raise $200; with Chairman Cook responding that is fine with him. Commissioner Scarborough expressed concern about the Commissioners getting in a pattern of becoming professional fund raisers for different organizations; and explained the possibility of conflict of interest.

Commissioner O?Brien advised of the Community Based Organization Funding Committee to which non-profit organizations can apply; and stated if the Board makes an exception this time, next week there will be others making requests. Commissioner Higgs noted the exceptions the Board made for the Black Male Summit and for the veterans; stated the Board is in a position to make a commitment to this cause which involves young people from each Commissioner?s District; and while she contributes to a number of organizations, it would not be proper for her to solicit from others, so it will be her responsibility to contribute. She stated if it is the Board?s decision to do this, it should be a personal commitment from each Commissioner. Commissioner Ellis stated if it is to be the Commissioners? Cup, it should be the Commissioners? money; with Chairman Cook agreeing. Chairman Cook stated the Board should not deviate from its process for contributions. Commissioner Higgs reiterated the Board has deviated in the past. Commissioner O?Brien stated the Board has not put down a firm policy that it will not hear further requests, and that all requests will go through the process; and that will put an end to giving taxpayers? dollars to charities with the taxpayer having no choice. Chairman Cook expressed concern about this becoming patronage; noted the School Board made a decision to not contribute financially; and he is willing to commit to helping.

Commissioner Ellis inquired if he can send his contribution to the listed address; with Mr. Stratton responding affirmatively.

Commissioner O?Brien stated the Board needs a policy; the Board developed a committee to take care of this; some groups are going through the system; but other groups are coming directly to the Board. Commissioner Scarborough explained how donations to organizations maximize the taxpayers? dollars; and stated there has to be a capacity for the Board to have seed money. Chairman Cook stated there was no Board action to do that, although there was discussion. Commissioner Ellis stated it would have to be a budget item. Chairman Cook noted the Board sets aside a huge amount of money just for non-profit groups. Commissioner Scarborough compared the amount which is set aside for non-profits to that which is mandated for the Medicaid program, over which the Board has no control; and expressed support for funds for local groups with local control. Chairman Cook recommended a finite amount of money be included in the budget.

Discussion ensued on the committee, how to fund the best programs, and how to deal with programs which come in after the budget process. Commissioner O?Brien suggested only those programs which substantially benefit the County be considered.

Commissioner Higgs inquired if the item before the Board will be referred to be a part of the community-based organizations decisions. Commissioner Ellis noted Big Brothers/Big Sisters applied last year and is aware of the process.

Mr. Stratton noted while Big Brothers/Big Sisters is an organizer of the event, it is not the only beneficiary; and explained how the money will be spent. Chairman Cook recommended applying next year as a separate entity.

FINAL PLAT APPROVAL, RE: SUNTREE NORTH, PHASE III, MANDARIN LAKES, UNIT 2

Kay Blahauvietz, 1460 Bayshore Drive, Cocoa Beach, representing Allen Engineering, Inc., advised he is present to answer questions.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to grant final plat approval for Suntree North, Phase III, Mandarin Lakes, Unit 2, subject to minor changes, if necessary, receipt of all documents required for recording, and developer responsible for all costs for the project and obtaining necessary jurisdictional permits. Motion carried and ordered unanimously.

AGREEMENTS WITH CITY OF CAPE CANAVERAL, TOWNS OF INDIALANTIC AND MELBOURNE BEACH, AND JOHNSON CONTROL WORLD SERVICES, AND APPROVAL OF BUDGET CHANGE REQUEST, RE: LIFEGUARD SERVICES

John Lynch, 115 Tenth Avenue, Indialantic, representing the Town of Indialantic, advised prior to this year the Agreement for lifeguard services has been on a 70/30 split, with the County responsible for the larger portion; AND the proposal is for a 50/50 split. He advised of the budgeted amount for lifeguard services by the City, the amount necessary to provide the same service, and the resulting reduction in service. He noted the savings the County will realize will be used for improvements and mobile equipment; and inquired if it is worth the loss of three weeks of lifeguard coverage. He outlined the number of citizen assists that will be lost; and advised it is government?s responsibility, when trimming budgets, to not cut services to the extent possible. He suggested returning to the original level of service and funding; and requested, at a minimum, returning to the 70/30 ratio. He noted the number of people on the beach is greater than those living in Indialantic; they include tourists who benefit the County and the Town; and they include people who live in the unincorporated areas of the County. He urged the Board to reconsider funding at a different level.

Commissioner Ellis stated he can understand deleting the pickup truck; however, Indialantic does not share its meter or ticket revenue with the County; and described his own experiences. He agreed with setting priorities; but stated the Town needs to come up with its share. Mr. Lynch stated the Town has done that; and would be satisfied if the contract was left as it was last year. He stated the parking situation in Indialantic is not germane to the discussion; and described how the funds derived are used for the benefit of the beach. Commissioner Ellis and Mr. Lynch exchanged comments about shared funding for lifeguard services. Commissioner Higgs inquired if the pickup truck is eliminated, is Commissioner Ellis ready to put all that money into Indialantic. Commissioner Ellis inquired if the $19,000 is strictly the truck; with Emergency Management Director Mark McMichael responding it is the truck. Mr. McMichael outlined the history of the contracts; noted the inconsistency of the contracts; and explained the process to make the contracts consistent. Commissioner Ellis noted he is not arguing about the 50%, but is suggesting not buying the truck and putting that money into lifeguard services. Mr. McMichael advised the current truck is a 1985 model which has been declared unsafe; and it is possible to get a truck from Mosquito Control which is a 1987 model. Commissioner Ellis inquired why it is necessary to get the specified truck; with Mr. McMichael explaining how the vehicle is used as an emergency vehicle on and off the beach. Mr. McMichael advised staff looked at used trucks, and the vehicle needs to be replaced. Chairman Cook inquired who declared the vehicle unsafe; with Mr. McMichael responding Central Fleet. Mr. Lynch advised the Fire Department and Emergency Services are within a block of the beaches, and the majority of the calls are referred to the Town. Mr. McMichael stated the lifeguard services renders service to more citizens than the entire ambulance service combined. Commissioner Ellis suggested getting a vehicle from the Parks and Recreation Department; with Mr. McMichael responding the Board could take that action. Commissioner Ellis addressed the issue of priorities.

Mr. McMichael advised the contracts are for the current fiscal year; and the County has budgeted at 50%. Commissioner Ellis stated services will be reduced by 20 days; and suggested using the $20,000 for lifeguard services, to be matched by the municipalities to extend the service hours. Mr. McMichael advised of the necessity of renegotiating; with Commissioner Ellis noting the only ones that would have to be renegotiated would be Indialantic, Melbourne Beach, and Cape Canaveral. Mr. Lynch advised the City Managers of Melbourne Beach and Cape Canaveral agree the situation of the Town of Indialantic is unique.

Commissioner O?Brien stated the argument is because the Town did not budget properly; and it is ridiculous to give a Park and Recreation Department truck to the Fire Department. Mr. Lynch disagreed that the Town budgeted incorrectly; and inquired if the policy decision was communicated to the Town. Commissioner O?Brien stated the Town was notified of the 50/50 split prior to the budget process; and it is the Town?s problem. Mr. Lynch stated it is a shared problem because 20 days of services are being lost; and if someone dies in that 20 days, everyone will have to answer for it. Commissioner Ellis stated if the County does not buy the truck, it can put up its half of the 20 days, and then the Town can put up its half to provide the coverage.

Chairman Cook stated the County Manager can look at the option of buying the truck; the 50/50 split was discussed last year; and it should not be a surprise.

Commissioner Ellis stated the cities are paying for half the cost of the truck. Mr. McMichael advised that is not so; and explained Johnson Control and the County are footing the bigger share, with the cities only providing 30% combined. Discussion ensued on the funding, the contracted services, and the services provided.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to execute Agreements with Johnson Control World Services, City of Cape Canaveral, Town of Indialantic, and Town of Melbourne Beach for lifeguard services; approve Budget Change Request for the program; and direct the County Manager to determine if there is another way to handle the vehicle issue, put the $19,000 back into the lifeguard program, and if a suitable vehicle cannot be found, bring it back to the Board for review of the lifeguard situation. Motion carried and ordered unanimously.

ACCEPT LOW BID WITHDRAWAL, AWARD TO SECOND LOW BIDDER, AND AUTHORIZE CHAIRMAN TO EXECUTE AGREEMENT, RE: BID #B-2-6-26, CUYLER PARK COMMUNITY CENTER

Gary Neth, 1707 South Washington Avenue, Titusville, stated Priority 1 Construction made an error on its bid, and would like to withdraw it without penalty. He noted if there are penalties, Priority 1 Construction is willing to do the job. Mr. Neth noted a similar situation which was passed with the Consent Agenda; and stated the company has successfully completed five other jobs for the County in the last two years.

Commissioner Scarborough expressed concern about people not taking the bidding process seriously.

Motion by Commissioner Scarborough, to direct that prospective bidders not attending the pre-bid conference without good reason not be given a bid package, and those bidders withdrawing bids be sanctioned for one year.

Commissioner Ellis stated this does not come up often. Commissioner Scarborough reiterated his concern about taking the bidding process seriously. Chairman Cook expressed concern about precluding anyone from bidding for a year. Commissioner Scarborough stated that is a listed option; with Chairman Cook advising another option is to make the bidder do the job.

Commissioner Ellis stated this is only the second time he has seen this in three years; the Purchasing Division has reviewed it; the bidder made honest mistakes; and the worst thing is to hold someone to a bid they will lose money on. He noted a similar situation with the School Board.

County Attorney Scott Knox stated the County can sanction if it is part of a policy. Chairman Cook noted he is uncomfortable with sanctions, but there should be some accountability. Commissioner Scarborough suggested requiring a bidder to either forfeit or be barred from bidding for a year; and explained the public perception. He advised bidders need to be responsible and attend pre-bid meetings. Commissioner Ellis reiterated this is a rare occurrence; and it is hard to believe contractors are complaining. Commissioner Scarborough noted the contractors are complaining about the sloppy way the County does business.

Mr. Neth reiterated Priority 1 Construction?s position. Commissioner Ellis noted there is backup to show that a mistake was made.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to accept bid withdrawal of Priority 1 Construction with no prejudice; award Bid #B-2-6-26, Cuyler Park Community Center, to RKT Constructors at $443,069; and authorize the Chairman to execute Agreement with the company for the project. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, to require bidders to attend pre-bid conferences, and reserve the option for forfeiting a bid or barring the bidder from bidding for one year. Motion died for lack of a second.

Discussion ensued on mandatory attendance of pre-bid conferences and the rarity of the occurrence. Commissioner Ellis inquired why would someone deliberately underbid, win the bid, and want out; and the problem has been more with bidders deliberately underbidding, taking the bid, and then presenting change orders. Commissioner Scarborough stated if there is a good A&E firm providing good specifications, the bids should come in tight, without needing change orders; and if there are a lot of change orders, it may be necessary to evaluate the A&E firm.

Commissioner O?Brien explained some bidders do not realize they have underbid until they see the other bids, and that is when they know they are in for a loss. Commissioner Ellis described his experience developing bids. Commissioner Scarborough noted the fact that bidders are not attending the pre-bid conference is indicative of a lack of intent to bid seriously. Commissioner Ellis suggested making attendance of the pre-bid conference mandatory.

Motion by Commissioner O?Brien, to direct that attendance of pre-bid conferences by bidders be mandatory.

Chairman Cook suggested the item be placed on the next Agenda. Commissioner O?Brien withdrew the motion. Chairman Cook directed that an item be placed on the Agenda of the next meeting for discussion concerning mandatory pre-bid conferences.

DISCUSSION, RE: AGENDA

Chairman Cook inquired if the Board wishes to defer the remaining items. Commissioner Ellis stated he does not want to defer all the items, but staff can review the remaining items to see what can be deferred. Commissioner Scarborough suggested the items be deferred to the meeting on March 28, 1996. Commissioner Higgs noted that would depend on the length of the zoning agenda.

The meeting recessed at 9:04 p.m. and reconvened at 9:26 p.m.

PERSONAL APPEARANCE - JOE STECKLER, RE: LAND DONATION AT WICKHAM PARK FOR NEW ALZHEIMER DAY CARE FACILITY

Joe Steckler, representing the Alzheimer?s Association, advised of the Association?s services to the County in providing dementia-specific day care and respite services. He noted if the Governor?s budget is approved, the County will get an additional $172,000 worth of respite service; but if it is not approved, the County will get $72,000. He noted the need for a larger facility; described the in-home respite program; and explained the benefits to the County and its residents. He noted the increasing age of the population; and explained the needs of the community. He compared the costs of nursing home care to day care services. He noted there are four adult day care centers currently, two non-profit and two for-profit; none stay open past 5:00 p.m.; and that results in individuals having to be put in nursing homes. Mr. Steckler described a couple who work extra jobs in order to find an additional $1,875 a month to supplement his mother?s $922 social security income because she had a stroke and demential, there is no place that can care for her past 5:00 p.m., and they both work until 6:30 p.m.; and advised of a program that will allow the couple to have day care in their home at a cost of $650 to the couple and $650 to the State. He noted the cost to the couple at an Alzheimer?s Center which would be open 12 hours a day would be $320 a month for six days of care a week; and provided details on the building costs for such a center. He advised if the group can get the land, almost $700,000 in grants would assist the group with its project.

Commissioner Ellis expressed desire to have a reverter clause in case nothing is built, or if the building is sold or taken over by someone else.

Chairman Cook expressed support for the goal of the organization; advised staff is not in favor of using park land for this purpose; and the Wickham Park Advisory Board unanimously recommended not doing it. He recommended the issue be referred to the South Area Parks and Recreation Advisory Board. He outlined objections to using the Wickham Park property; and noted he is not against looking at other County locations.

Commissioner Scarborough stated the fastest growing segment of the population is 80 years old and older, and 47% of those 85 years and older have Alzheimer?s. He noted the need for balance with parks; and the immense payoff for the residents as a result of a small amount of participation by the County. He recommended the Board make a statement that it wants to provide the proper land for the project to proceed.

Chairman Cook stated he does not disagree, as it affects a growing portion of the population. He noted the day care center would give the care givers a needed break; and he is happy to look at locations to accommodate this type of activity.

Commissioner Ellis stated the Wickham Park frontage is not used; the County does not have funding to do the capital improvements in the Park; and the Board may want to look at generating dollars in this manner for major capital improvements in the Park. Discussion ensued on the use of the Park or other properties on the Wickham Road corridor.

Chairman Cook suggested directing the County Manager to work with Mr. Steckler to come back with alternate locations. He stated the Board should make a commitment to finding a location. Commissioner Scarborough noted he is not ruling out the Wickham Park location. Chairman Cook recommended notifying homeowners associations in the area. Commissioner Ellis noted the west side of Wickham Road is commercial; and he would be more concerned if homes were directly across the street from the Park. Chairman Cook stated the Board should at least get input from the Church. Commissioner O?Brien noted the County has surplus properties; one of them should be sufficient to accommodate the proposed facility; location should not be a big consideration; and the Board should be looking at the surplus list. Commissioner Ellis advised the only large parcels on the surplus property list are the old sewer plant in Mims and one in Merritt Island. Commissioner O?Brien noted the parcel in Merritt Island is inside a residential area and would be unsuitable.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to indicate support of providing up to 2.5 acres for the Alzheimer?s Association; direct the County Manager to identify lands, including those in and around Wickham Park for use by the Association; and request the Parks and Recreation South Service Sector Advisory Board comment on potential locations around Wickham Park.

Mr. Steckler advised the land has to be in an area that is accessible to the bulk of the people.

Commissioner Higgs stated she has no problem committing to a site tonight and indicating to the Advisory Board that the Commission has a strong interest in the Wickham Park area and believes it to be an appropriate use; but the Board does not have to act tonight.

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

DISCUSSION, RE: AGENDA ITEMS

County Manager Tom Jenkins advised Items III.A.28, III.B.4, III.B.11, III.D.16, IV.I, V.A, VI.D.3, VI.E.2, VI.E.4, IV.E.6, VI.E.7, VI.E.9, and III.A.29 can be deferred. He stated Items III.E.7 and V.E need to be done tonight.

Commissioner O?Brien noted staff is not present to address V.E, and it can be deferred.

Mr. Jenkins advised Items VI.D.1, VI.D.4, VI.E.8, VI.E.11, and III.A.35 should be considered at this meeting.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to continue Item IV.I to April 16, 1996. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to table all remaining items except VI.D.1, VI.D.4, VI.E.8, VI.E.11, and III.A.35. Motion carried and ordered unanimously.

RESOLUTION, RE: AMENDING RESOLUTION NO. 93-067, 4TH CENT TOURIST DEVELOPMENT TAX REVENUE BONDS

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution amending Resolution No. 93-067, providing for construction of a professional sports franchise facility using the 4th Cent Tourist Development Tax, to add language allowing money held for the credit of the Redemption Account to be used by the County to pay the costs of completing the Series 1993 Project (Space Coast Stadium). Motion carried and ordered unanimously.

RATIFICATION, RE: DECISIONS REGARDING MIORELLI CLOSED EXECUTIVE SESSION

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to authorize Brown & Root Building Company to award contract for services to Preservation Services, Inc. for waterproofing construction services at Space Coast Stadium, at $276.150, and to amend the budget to fund the work through the Fourth Cent Tourist Tax with an interim loan. Motion carried and ordered unanimously.

APPROVAL, RE: SETTLEMENT OF LEGAL ACTION IN ROBERT DURRANCE V. BREVARD COUNTY

County Attorney Scott Knox recommended approving settlement in the case of Robert Durrance v. Brevard County.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve settlement of legal action in the amount of $13,000 plus the cost of mediation, estimated at $550, in Durrance v. Brevard County. Motion carried and ordered unanimously.

APPROVAL, RE: PURCHASE OF CA-UNICENTER COMPUTER EQUIPMENT FROM COMPUTER ASSOCIATES, INC.

Commissioner Higgs inquired why is it necessary to move forward so quickly. Management Services Director Michael Managan advised of the negotiations with Computer Associates; and stated the proposal expires at the end of March, 1996. Commissioner Scarborough advised the Board will save $92,000 by taking action at this time; and it is a budgeted item.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve purchase of CA-UNICENTER Systems Administration Software from Computer Associates, Inc. at $25,171 per year for a period of five years. Motion carried and ordered unanimously.

APPROVAL, RE: REDUCTION OF CONTRACT RETAINAGE FOR WICKHAM ROAD WIDENING PROJECT

County Manager Tom Jenkins advised the request is for partial reduction of retainage for the Wickham Road Widening Project, and leaves $293,619 in retainage, which staff estimates is needed for closeout of the project. He advised it releases the balance to the contractor for work completed.

Commissioner Higgs noted when this was discussed previously, a number of issues were addressed; and it was her desire to settle all the issues at once. She stated staff advises some settlement of the retainage is necessary so subcontractors can be paid; but the Board needs to get this all settled. Mr. Jenkins noted the Public Works Director recommends this action, and believes it will increase the chances of coming back with a positive settlement for the total package. Commissioner Ellis stated the retainage issue is not related to the liquidated damages issue.

Chairman Cook noted the County is keeping $300,000 in retainage; there needs to be accountability on these types of projects; and making the company feel good is not necessarily the only way to negotiate. He stated he will support the action because it is a separate issue from the liquidated damages. Commissioner Scarborough stated he wants to deal fairly with the company, not do favors; and there is a difference.

Commissioner Higgs expressed desire to settle the whole thing at once. She noted the contractor has not completed the check list; and she will not support the action. Discussion ensued on what is left on the check list, and what is part of the negotiations. Assistant Public Works Director Ron Jones advised of the two items left on the list. Chairman Cook indicated he does not understand why the items cannot be settled. Mr. Jenkins outlined the remaining concerns.

Commissioner Scarborough inquired if the item can be held until March 28, 1996, and MacAsphalt be requested to address the Board. Mr. Jenkins cautioned there is a heavy zoning schedule, but he will be happy to invite MacAsphalt. Commissioner Higgs stated she does not think it is necessary to bring MacAsphalt in again; with Commissioner Scarborough noting it is $800,000. Discussion ensued on whether to hear MacAsphalt again, the retainage, the project, and settlement of the outstanding issues. Commissioner Scarborough stated the Board can ask MacAsphalt what needs to happen to finish this; and it will be in the public record. Commissioner Higgs inquired what does the contract say about the retainage; with Mr. Jones responding the standard procedure is to release retainage when appropriate, and the amount of work to be completed is approximately $200,000 to $300,000. Chairman Cook stated he does not see how this enhances the County?s negotiating position. Commissioner Ellis stated if the County owes money, it should not be part of the negotiation. Chairman Cook stated MacAsphalt is owed the money when the contract is done; there are still two outstanding items that are not complete; the company was behind schedule even after extensions; and that is being considered with the liquidated damages. He questioned whether the company is negotiating in good faith. Commissioner Ellis stated if the company did the work, and what is left to be resolved is within the $200,000 to $300,000 range, it is not appropriate for the County to require the company to jump through hoops to get the money that is owed to it. Commissioner O?Brien agreed with Chairman Cook. Commissioner Scarborough suggested scheduling the item first on the Agenda on March 28, 1996.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to table consideration of reduction of contract retainage for Wickham Road Widening Project to March 28, 1996 at 5:30 p.m. Motion carried and ordered. Commissioners Scarborough, O?Brien, Higgs, and Cook voted aye; Commissioner Ellis voted nay.

OFFER OF JUDGMENT, RE: PRINCE CONTRACTING COMPANY, INC. V. BREVARD COUNTY

Chairman Cook stated Prince Contracting Co., Inc. sues quite often; and expressed concern about the size of the offer.

Motion by Commissioner Scarborough, to deny authorization for the County Attorney to make an offer of judgment of $360,000 to the plaintiff in Prince Contracting Co., Inc. v. Brevard County.

County Attorney Scott Knox recommended the Board not take that action; and explained the offer.

Commissioner Scarborough withdrew the motion.

Chairman Cook suggested offering $200,000. Mr. Knox noted the County owes less than $360,000 but more than $200,000. Chairman Cook inquired about the figure; and stated if the County owes $250,000, it should offer that amount. Mr. Knox recommended the Board schedule an executive session if it wishes to discuss the offer in detail. Chairman Cook indicated desire for an executive session. Commissioner Scarborough inquired if the Board can have an executive session after the meeting on March 28, 1996; with Mr. Knox responding if it can be advertised. Chairman Cook recommended it be done as soon as possible.

Upon motion and vote, the meeting adjourned at 10:12 p.m.

MARK COOK, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

ATTEST:

SANDY CRAWFORD, CLERK

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