The Board of County Commissioners of Brevard County, Florida, met in regular session on May 5, 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 Commissioner Nancy Higgs.

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

APPROVAL OF MINUTES

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to approve Minutes of October 5, 1995 Special Meeting, November 9, 1995 Special Meeting, and December 4, 1995 Regular Meeting. Motion carried and ordered unanimously.

DISCUSSION, RE: RELOCATION OF MERRITT ISLAND REDEVELOPMENT AGENCY

County Manager Tom Jenkins advised the Board discussed relocating Merritt Island Redevelopment Agency (MIRA) to the Merritt Island Service Complex; several members of the Board thought it was already authorized; and he wants to confirm that it was the Board?s intent.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to approve the move of Merritt Island Redevelopment Agency to Merritt Island Service Complex.

Commissioner Ellis inquired about the personnel; with Mr. Jenkins responding the secretary is still with MIRA, and Mr. Lugar is helping the Agency on an as-needed basis. Commissioner Ellis inquired if the secretary is moving to Viera; with Mr. Jenkins responding not that he is aware of.

Commissioner O?Brien advised MIRA has plans to decide whether it is going to hire a part-time consultant; it will keep a full-time secretary; it made every effort to reduce operating expenses; and commended them for stopping the waste of government money. He stated the taxpayers money is now being utilized in a proper and efficient manner, whereas there were irresponsible actions before. Commissioner Ellis stated last year the Board wanted them to investigate getting out of their lease; with Commissioner O?Brien responding they are out of it, and the motion is to let them move into the Service Complex. Commissioner Ellis stated he has concerns with the present personnel situation and having the current secretary move to Merritt Island Complex.

Commissioner Higgs inquired about contributions from the Agency towards expenses it will incur at the Service Complex; with Mr. Jenkins responding it is currently not anticipated, but the Board could require that if it chose to. He stated at the present time it is trying to stretch its dollars for debt service and cost of operating the park it built. Commissioner Higgs stated the personnel matter and payment of expenses need to be on the Agenda for full discussion by the Board.

Chairman Cook inquired if there is consensus to make it an Agenda item. Commissioner Ellis stated he has no concern about moving the office, but has concerns about moving the personnel; and that needs to be resolved first. Commissioner O?Brien stated he does not think it does at all; she is a secretary and is having problems with all of this, but she is still employed by the County. He stated she is retiring in another month, so he does not see why MIRA should continue paying rent on an office space when there is cheap or free space on Merritt Island. He stated it was to cut cost and save money and the Board is holding up the entire process for one person who is going to retire in one month anyhow. Commissioner Ellis stated that is not really correct.

Economic Development and Legislative Affairs Director Greg Lugar advised he had discussions with the Administrative Assistant and offered her a change between his executive secretary and her for that one month period; and hopefully that will be somewhat of a resolution.

Chairman Cook stated he does not understand what the problem is. Commissioner O?Brien stated the personnel issue is absolutely silly; and she is the highest paid secretary in the County at $28,500. Chairman Cook stated he cannot see why it should be a problem; if the Board votes to move the office, the personnel goes with the office; and that is the way it is.

Commissioner Scarborough inquired what is the problem; with Commissioner Ellis stating there are problems with the person remaining with the Agency due to the lack of tact on that person?s part. He stated the whole thing could move to Viera instead of Mr. Lugar traveling to Merritt Island; and he does not have a problem moving MIRA to the Complex, but Mr. Lugar needs to have the personnel problem resolved first. Commissioner Scarborough stated it will cease to operate as a good agency if it moves to Viera; and it needs to be on Merritt Island to function. He stated the Board talked about the Agency compensating for Mr. Lugar?s time. Commissioner O?Brien stated it cannot function at Viera. Commissioner Ellis stated without a director the Board does not know how it will function anywhere; the idea was to put its house back in order and get the finances resolved; and the Board talk about Tom Holley coming in and Kathy Wall working with MIRA to get it started back up again.

Commissioner O?Brien stated the Agency has talked to Tom Holley and Mr. Lugar can report on that. He stated the MIRA Board has competent directors; and in due time it will search for a part-time executive director, planner, or consultant and full-time secretary; and the office on Merritt Island is where it should be so it can facilitate any kind of business that wants to come into the MIRA District. He stated that is what it is there for; and rather than taking potshots at it, it should be commended for doing an excellent job in reversing irresponsible spending that has been happening for the last few years.

Commissioner Higgs stated she does not have a problem with the Agency moving to the Central Service Complex, but the overhead should be paid by the Agency; and that is the cost of office expenses and facility expenses. She stated she will support the motion to move them, but would like to schedule a regular item on the Agenda for compensation to the General Fund for the expenses it will incur in the facility, and for the other personnel issues. Commissioner O?Brien inquired if there are other agencies that have free office space in the County; with Mr. Jenkins responding yes, there are several.

Chairman Cook recommended voting on the move, then making another motion. He stated there were items the County Attorney was going to look into regarding conflicts of interest on the MIRA Board; and inquired if Mr. Knox had a chance to do that; with County Attorney Scott Knox responding he requested two opinions from the Ethics Commission and one from the Attorney General. He stated they have been received and he will distribute copies to the Commissioners.

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

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to schedule on the Agenda for Board discussion, the issue of compensation for expenses and other issues regarding personnel of MIRA for March 26, 1996.

Commissioner O?Brien stated he will not support that because Mr. Jenkins already said there are other offices throughout the County that are using County property at no cost. Commissioner Ellis stated there are issues other than financial enumeration; with Commissioner O?Brien inquiring what other issues. Chairman Cook advised other issues can be brought up at the next meeting.

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

APPROVAL, RE: SCHEDULING OF EXECUTIVE SESSION

County Attorney Scott Knox requested scheduling executive sessions on March 8, 1996, to discuss the Miorelli litigation and Campbell litigation before or after the workshop.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to schedule executive sessions on March 8, 1996, for the Miorelli litigation and Campbell litigation. Motion carried and ordered unanimously.

DISCUSSION, RE: LATE MEETINGS

Commissioner Scarborough advised when the Board has meetings that run late, such as zoning meetings, it is rendering it impossible for people to be afforded a fair public hearing when they know they have to get up the next day and go to work and may be leaving the meeting at 2:00 a.m. He stated if it is anticipated that an evening meeting will run over, it may be advantageous for staff to advise the Board from the onset so it can schedule two separate evening meetings, and people will know that in advance. He stated once they are at the meeting, they do not want to go home and come back the next night; but if it is after 11:00 p.m., and they have not been invited to speak, it is difficult for them to continue; and some people have to leave. He suggested the County Manager look into the problem and let the Board know something.

Chairman Cook instructed the County Manager to look into scheduling two separate evening meetings if it is anticipated that one evening meeting would run late.

REPORT, RE: TRIP TO WASHINGTON, D.C.

Commissioner O?Brien advised his trip to Washington, D.C. was very eventful; he met with the Corps of Engineers, Congressman Weldon, Senators Graham and Mack and their staffs; and Senator Mack?s staff was extremely responsive and knowledgeable of the project and the problems with the beaches because of the channel cut at the Port. He stated he was disappointed in Senator Graham?s office which indicated there are hundreds of projects like Brevard County?s project, because that was not the idea, the idea was that the federal government made a promise to Brevard County in 1962 that it would mitigate the beaches and put sand back on it because of the channel cut it made that caused the loss of the beaches. He stated Congressman Weldon gave an outstanding speech on behalf of Brevard County; Port Commissioner Ralph Kennedy gave an outstanding talk on the needs of the Port; and they showed a cohesive team from Brevard County.

APPOINTMENT, RE: COURT REPORTING SERVICES NEGOTIATING COMMITTEE

Chairman Cook advised he was asked to appoint a Commissioner to the Negotiating Committee to negotiate a contract for court reporting services; and he will take a volunteer or make the appointment.

Commissioner Ellis stated there are two Commissioners who have a tendency to pull things from the Bill Folder, and part of that contract is the cost of copies; so there are two eligible Commissioners.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to appoint Commissioner O?Brien or his designee to the Negotiating Committee for Court Reporting Services. Motion carried and ordered unanimously.

AUTHORIZATION, RE: SIGNING OF DOCUMENTS BY CURRENT CHAIRMAN

Chairman Cook advised several times he has run into this issue as Chairman; the County Attorney said he is authorized to sign documents; he has housing rehabilitation loan agreements from November, 1994; and since it took place before he became a Commissioner, he wanted to bring it to the Board?s attention.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to authorize the Chairman to sign contracts approved by the Board in public session.

Chairman Cook advised the Contracts with Department of Revenue have a minor change that says the amendment shall begin on January 1st; it was approved on January 9, 1996; and Court Administration penciled in ?or the date on which the amendment is signed by both parties, whichever is later.? He stated he needs to initial that change if there is no problem.

Commissioner Higgs included authorization for the Chairman to initial changes to the Amendment with Department of Revenue in the original motion; and Commissioner O?Brien accepted the change.

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

DISCUSSION, RE: RESOLUTION SUPPORTING DECREASE OF ISTEA CATEGORIES

Chairman Cook advised he has been in contact with Congressman Weldon and Representative Futch?s offices on funding for U.S. 192; part of the problem with the funding is there are too many categories that it is hard to get funding; and the consensus was for the Board to adopt a resolution supporting decreasing categories for the Federal ISTEA appropriations.

Commissioner Ellis inquired if that will come to the MPO; with Chairman Cook responding it could; and instructed the County Manager to have staff prepare a resolution supporting decreasing categories for the federal ISTEA appropriations, and return it to the Board.

DISCUSSION, RE: REGULATING TERMITE CONTROL COMPANIES

Commissioner O?Brien advised Florida is the only state where termite control companies treat homes for termites, give guarantees to repair or replace walls, etc., but the laws are so weak that people who pay large sums of money for treatment still have houses being eaten by termites. He recommended Mr. Jenkins check into it further and prepare a strong letter to the legislators urging tougher laws. He noted he got the impression that the State is not about to toughen that law because of lobbying by the pest control companies.

Chairman Cook instructed Commissioner O?Brien to work with the County Manager and staff to prepare a letter requesting the Florida Legislature strengthen laws regulating terminate control companies.

PERMISSION TO ADVERTISE PUBLIC HEARINGS, RE: ADOPTION OF 1994 STANDARD BUILDING, GAS, HOUSING, MECHANICAL, PLUMBING, AND SWIMMING POOL CODES, AND 1988 EDITION OF STANDARD EXISTING BUILDINGS CODE

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to advertise public hearings to amend Chapter 22, Brevard County Code, to provide for adoption of 1994 Editions of the Standard Building, Gas, Housing, Mechanical, Plumbing and Swimming Pool Codes, and the 1988 Edition of the Standard Existing Buildings Code. Motion carried and ordered unanimously.

RESOLUTION, RE: NAMING DIAMOND ACRES LANE

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution naming a 25-foot wide easement in Section 13, Township 29S., Range 37E. as Diamond Acres Lane, with the understanding Brevard County will not maintain the easement. Motion carried and ordered unanimously.

RESOLUTION, RE: NAMING KINCAID LANE

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution naming a 25-foot wide ingress and egress easement in Section 8, Township 26S., Range 37E. as Kincaid Lane, with the understanding the County will not maintain the easement. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 22, ARTICLE IV, BUILDING NUMBERS

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant permission to advertise an ordinance amending Chapter 22, Article IV, Building Numbers, to provide a uniform number system for assignment of address numbers. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: VIERA WEST, BASINS III AND IV

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant final engineering approval for Viera West, Basins III and IV, subject to minor engineering changes as applicable, and approval of the project not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: FAWN COVE SUBDIVISION

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant final engineering approval for Fawn Cove Subdivision, subject to minor engineering changes as applicable, and approval of the project not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

CONTRACT WITH CLASSIC FIELDSTONE, INC., RE: SIDEWALKS IN FIELDSTONE SUBDIVISION, PHASE II

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Contract with Classic Fieldstone, Inc., guaranteeing sidewalk improvements in Fieldstone Subdivision, Phase II. Motion carried and ordered unanimously.

CONTRACT WITH THE VIERA COMPANY, RE: SIDEWALKS IN VIERA, TRACT D-4, 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, Tract D-4, Phases 1 and 2. Motion carried and ordered unanimously.

CONTRACT WITH SUNTREE PARTNERS, RE: SIDEWALKS IN SABAL PALMS ESTATES

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Contract with Suntree Partners, Inc. guaranteeing sidewalk improvements in Sabal Palms Estates. Motion carried and ordered unanimously.

CONTRACT MODIFICATION WITH THE VIERA COMPANY, RE: SIDEWALKS IN VIERA, TRACT N, PHASE 2, UNIT 4

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Contract Modification with The Viera Company, guaranteeing sidewalk improvements in Viera, Tract N, Phase 2, Unit 4. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH DIANNE AND CLYDE PARKER, RE: MULBERRY LANE

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Unpaved Road Agreement with Dianne and Clyde Parker, authorizing issuance of a building permit off an existing County right-of-way known as Mulberry Lane which has been constructed to the standards of Ordinance No. 93-27. Motion carried and ordered unanimously.

WITHDRAWAL OF PETITION, RE: VACATING PORTION OF RIGHT-OF-WAY IN CITY ACRES, ADDITION 1 - RICHARD A. FONSECA

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to accept withdrawal of petition from Richard A. Fonseca to vacate a portion of right-of-way in City Acres, Addition No. 1, and approve refund of $400 vacating fee. Motion carried and ordered unanimously.

RESOLUTION SETTING PUBLIC HEARING, RE: VACATING PUBLIC UTILITIES AND DRAINAGE EASEMENT IN WICKHAM PLAZA WEST - LEONARD SPIELVOGEL

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution setting public hearing for March 26, 1996, to consider vacating a public utilities and drainage easement in Wickham Plaza West as petitioned by Attorney Leonard Spielvogel. Motion carried and ordered unanimously.

RESOLUTION SETTING PUBLIC HEARING, RE: VACATING PORTION OF RIGHT-OF-WAY IN AVON-BY-THE-SEA - LISA DeYOUNG

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution setting public hearing for April 16, 1996, to consider vacating a portion of a right-of-way in Avon-By-The-Sea, as petitioned by Lisa DeYoung. Motion carried and ordered unanimously.

TASK ORDER WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC., RE: MASTER DRAINAGE STUDY FOR CRANE CREEK DRAINAGE SYSTEM

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Task Order No. 53709-92-004-08 with Post, Buckley, Schuh & Jernigan, Inc. to provide engineering services for Master Drainage Study of Crane Creek Drainage System. Motion carried and ordered unanimously.

AUTHORIZE PURCHASE, RE: VACUUM TRUCK FOR SURFACE WATER IMPROVEMENT

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize purchase of a Vac-Con vacuum truck, using the City of Cocoa?s Bid No. 94-27, at $159,659 for Surface Water Improvement. Motion carried and ordered unanimously.

TASK ORDER WITH BRIEL, RHAME, POYNTER & HOUSER, RE: LONG POINT PARK SURFACE WATER IMPROVEMENTS

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Task Order No. 53709-92-002-10 with Briel, Rhame, Poynter & Houser, to provide engineering services for Long Point Park Surface Water Improvements.

AMENDMENT TO CONTRACT WITH PROFESSIONAL ENGINEERING CONSULTANTS, INC., RE: MALABAR ROAD, I-95 TO CURVET CIRCLE WEST

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Amendment to Contract with Professional Engineering Consultants, Inc. to provide additional engineering services for Malabar Road Widening Project, from I-95 to Curvet Circle West, in the amount of $5,280.00. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS AND APPOINT SELECTION COMMITTEE, RE: GEOTECHNICAL TESTING SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant permission to advertise request for proposals for geotechnical testing services Countywide for projects approved by the Board; and appoint Ron Jones, Thomas Lundeen, Charles Burton, and Bo Beauchemin or their designees to the Selection Committee. Motion carried and ordered unanimously.

NOTICE TO PROCEED TO OUTLAW, RICE, SOYKA & SWEENEY, INC., RE: PARKWAY DRIVE OUTFALL

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize Construction Management to issue notice to proceed to Outlaw, Rice, Soyka & Sweeney, Inc. to prepare plans, specifications, and permits for the construction of drainage improvements along Parkway Drive at Wickham Road. Motion carried and ordered unanimously.

PERMISSION TO BID AND ACCEPT LOW RESPONSIBLE BID, RE: HYDRAULIC ARTICULATING TREE TRIMMING BUCKET TRUCK WITH BRUSH CHIPPER

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant permission to bid and accept the low responsible bid for a hydraulic articulating tree trimming bucket truck with brush chipper. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, AND BUDGET CHANGE REQUEST, RE: LOW INCOME HOME ENERGY ASSISTANCE PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Agreement with Department of Community Affairs for the 1996 Low Income Home Energy Assistance Program funds of $149,892; approve Budget Change Request to amend the current budget; and authorize the Chairman to execute any amendments or additions, contingent upon approval by Risk Management and the County Attorney. Motion carried and ordered unanimously.

AGREEMENT WITH GEAC COMPUTERS, INC., RE: MAINTENANCE OF EQUIPMENT

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Agreement with Geac Computers, Inc. for maintenance of Library Services equipment, reducing total monthly fees from $15,022.40 to $11,158.90. Motion carried and ordered unanimously.

APPROVAL OF BUDGET CHANGE REQUEST, RE: PINEDA LANDING BOAT RAMP

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Budget Change Request transferring $20,000 from General Fund Reserves for contingencies to renovate Pineda Landing Boat Ramp. Motion carried and ordered unanimously.

AGREEMENT WITH SOUTH BEACHES BASKETBALL ASSOCIATION, INC., RE: ORGANIZED YOUTH BASKETBALL LEAGUE PLAY AT HOOVER SCHOOL

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Agreement with South Beaches Basketball Association, Inc. to provide organized and supervised basketball league play and workshops for youth at Hoover Junior High School from March 6, 1996 through March 7, 1997. Motion carried and ordered unanimously.

WAIVER OF MUSIC REGULATIONS, RE: FUND RAISER CAR SHOW AT FOX LAKE PARK

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to waive Article III, Section 78-110, Code of Laws and Ordinances, to allow musical entertainment for fund raiser car show at Fox Lake Park on March 17, 1996, subject to the group providing general liability insurance and all state and local regulatory permits being acquired by the organizer. Motion carried and ordered unanimously.

APPROVAL TO PURCHASE FROM MEMOREX TELEX CORPORATION, RE: REPLACEMENT COMPUTER NETWORK SERVER

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve the purchase of replacement computer network server from Memorex Telex Corporation to replace the Banyan Corporation Network Service at Public Safety Emergency Operations Center. Motion carried and ordered unanimously.

CORPORATE APPLICATION AND USER AGREEMENT WITH ORLANDO-ORANGE COUNTY EXPRESS AUTHORITY, RE: USE OF E-PASS SYSTEM BY SCAT

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Corporate Application and User Agreement with Orlando-Orange County Expressway Authority for Space Coast CORPORATE APPLICATION AND USER Area Transit (SCAT) participation in E-Pass System on toll roads. Motion carried and ordered unanimously.

ADDENDUM NO. 4 TO WORK ORDER NO. 1 WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC., RE: STORMWATER MANAGEMENT SYSTEM

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Addendum No. 4 to Work Order No. 1 with Post, Buckley, Schuh & Jernigan, Inc. for completion of the Sarno Road Landfill Stormwater Management System project not to exceed $15,000. Motion carried and ordered unanimously.

CHANGE ORDER NO. 2 TO AGREEMENT WITH PRIORITY 1 CONSTRUCTION, RE: HOUSEHOLD HAZARDOUS WASTE COLLECTION CENTER AT CENTRAL DISPOSAL FACILITY

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Change Order No. 2 to Agreement with Priority 1 Construction of Brevard, Inc. for work on the Household Hazardous Waste Collection Center Project, increasing contract price by $13,000.07 to add jack and bore, and restroom facility, and delete open road cut, remote telemetry unit, relocation of chemical storage building, and entrance sign. Motion carried and ordered unanimously.

CHANGE ORDER NO. 11 TO AGREEMENT WITH BUTLER CONSTRUCTION COMPANY, RE: NORTH BREVARD WATER TREATMENT PLANT EXPANSION

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Change Order No. 11 to Agreement with Butler Construction Company, for North Brevard Water Treatment Plant Expansion, decreasing cost by $34,215.02 to eliminate MMI development onto existing VAX system. Motion carried and ordered unanimously.

LETTER OF SUPPORT, RE: HOUSE BILL 499 AND SENATE BILL 392, LIBRARY COOPERATIVE GRANT FUNDING

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize the Chairman to execute Letter of Support to Brevard Legislative Delegation for House Bill 499 and Senate Bill 392, Library Cooperative Grant Funding. Motion carried and ordered unanimously.

PERMISSION TO RELEASE RETAINAGE AND FINAL PAYMENT TO PAVCO CONSTRUCTION, INC., RE: NORTH BREVARD PUBLIC LIBRARY

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant permission to release retainage and final payment to PAVCO Construction, Inc. of $193,860.36 for North Brevard Public Library. Motion carried and ordered unanimously.

CHANGE ORDER NO. 18 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 Change Order No. 18 to Agreement with Brown & Root Building Company for construction of Harry T. and Harriette V. Moore Justice Center, reducing contract by $61,912.63 to accommodate owner-direct purchases; and authorize transfer of the funds to the direct purchase account. Motion carried and ordered unanimously.

APPOINTMENT, RE: INTERGOVERNMENTAL RADIO SYSTEM ADVISORY COMMITTEE

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to appoint Chief Donald E. Boykin to the Intergovernmental Radio System Advisory Committee, to determine how the 10% capital funds portion of the $12.50 surcharge on moving traffic violations will be expended. Motion carried and ordered unanimously.

POLICY BCC-59, RE: SOLICITATION, PICKETING AND PETITIONING ON COUNTY PROPERTY

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve revised Policy BCC-69 on solicitation, picketing and petitioning on County property, allowing political candidates to walk through County buildings to meet constituents. Motion carried and ordered unanimously.

AWARD OF BID #B-5-6-22, RE: PORT ST. JOHN STORMWATER PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to award Bid #B-5-6-22, Port St. John Stormwater Project, to Starbase Development, Inc. at $421,805.70; and authorize the Chairman to execute a Contract with the contractor. Motion carried and ordered unanimously.

CHANGE ORDER NO. 19 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 Change Order No. 19 to Agreement with Brown & Root Building Company for construction of Harry T. and Harriette V. Moore Justice Center, reducing contract price by $100,792.10 for credits, and increasing price by $131,839.15 for security revisions, additions, and deletions, for total of $31,047.05. Motion carried and ordered unanimously.

REJECT BIDS AND GRANT PERMISSION TO RE-BID, RE: BID #B-2-6-24, RENTAL BARRICADES

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to reject all bids for Bid #B-2-6-24, Rental Barricades, and authorize Purchasing to re-bid the project under revised specifications. Motion carried and ordered unanimously.

AWARD OF BID #B-2-6-55, RE: DRAWBRIDGE MAINTENANCE AND REPAIR SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to award Bid #B-2-6-55, Drawbridge Maintenance and Repair Services, to low bidder A & E Machine, Inc. at $37,810; and authorize the Chairman to execute a contract with the contractor. Motion carried and ordered unanimously.

AGREEMENT WITH COST CARE, RE: REVIEW SERVICES FOR SELF-INSURED MENTAL HEALTH BENEFITS PLAN

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Agreement with Cost Care to continue utilization review services for self-insured mental health benefits plan. Motion carried and ordered unanimously.

AGREEMENT WITH GALLAGHER BASSETT SERVICES, RE: ADMINISTRATION OF WORKERS COMPENSATION CLAIMS

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Agreement with Gallagher Bassett Services to administer Workers? Compensation Claims for accidents from 1986 through 1992. Motion carried and ordered unanimously.

AUTHORIZATION TO NEGOTIATE SETTLEMENT OF WORKERS? COMPENSATION CLAIM, RE: NANCY PARKS-BENNETT

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize Risk Management, through Alexsis, to negotiate a settlement of the workers? compensation claim of Nancy Parks-Bennett. Motion carried and ordered unanimously.

AUTHORIZATION TO NEGOTIATE SETTLEMENT OF WORKERS? COMPENSATION CLAIM, RE: STEVEN J. KELLY

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

AUTHORIZATION TO NEGOTIATE SETTLEMENT OF WORKERS? COMPENSATION CLAIM, RE: BRENDA BONDS

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize Risk Management, through Alexsis, to negotiate a settlement to the workers? compensation claim of Brenda Bonds. Motion carried and ordered unanimously.

APPROVAL OF TRANSFER FROM SPECIAL LAW ENFORCEMENT TRUST FUND, RE: SHERIFF DEPARTMENT?S D.A.R.E. PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve the transfer of $134,052.89 from Special Law Enforcement Trust Fund to Sheriff?s D.A.R.E. Program for drug abuse education and drug prevention. Motion carried and ordered unanimously.

BUDGET CHANGE REQUEST, RE: TENTATIVE BUDGET SUPPLEMENT FOR SHERIFF?S CAPITAL EXPENDITURES FROM GENERAL OPERATIONS EARNED REVENUE

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Budget Change Request granting tentative approval of budget supplement for Sheriff?s Capital Expenditures from General Operations Earned Revenue of $7,500. Motion carried and ordered unanimously.

APPROVAL, RE: TWO-YEAR JOB TRAINING PLAN

Commissioner Higgs declared a conflict of interest.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve the Brevard Workforce Development Board?s Two-Year Job Training Plan for 1996-1997. Motion carried and ordered; Commissioner Higgs abstained.

AGREEMENT AND DESIGNATION OF BREVARD WORKFORCE DEVELOPMENT BOARD AS SUBSTATE GRANTEE, RE: ECONOMIC DISLOCATION AND WORKER ADJUSTMENT ASSISTANCE ACT GRANT

Commissioner Higgs declared a conflict of interest.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Agreement with Brevard Workforce Development Board, designating said Board as substate grantee for the Economic Dislocation and Worker Adjustment Assistance Act Grant. Motion carried and ordered; Commissioner Higgs abstained.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

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

Planning and Zoning Board

Roy Pence, 3115 Dixie Highway N.E., Palm Bay, Florida 32905

George Smollen, 703 Glengarry Drive, Melbourne, Florida 32940

Jim Mixson, 3700 Parkway Drive, Melbourne, Florida 32934 (Alternate)

Access to Government Information Committee

Del Wiese, 520 Eleuthera Lane, Indian Harbour Beach, Florida 32937

Community Base Organization Funding Advisory Board

Cynthia Brubaker, 120 Ocean Terrace, Indialantic, Florida 32903

Animal Control Dangerous Dog Hearing Council

Elena Miller, 1934 Red Bud Circle, N.W., Palm Bay, Florida 32907

Kelli Jo Strabley, 285 N. Plumosa Avenue, Merritt Island, Florida 32953

Babette Barnes, 553 Dean Court, N.W., Palm Bay, Florida 32907

Linda Madyda, 1934 S. Fiske Boulevard, Rockledge, Florida 32955

Stephen W. Grigsby, 1934 S. Fiske Boulevard, Rockledge, Florida 32955

Historical Commission

Douglas Hendriksen, 1590 S. Tropical Trail, Merritt Island, Florida 32952

Greg Jones, 208 Rose Drive, Cocoa Beach, Florida 32931

North Brevard County Hospital District Board

J. J. Parrish, III, P. O. Drawer L, Titusville, Florida 32780

Motion carried and ordered unanimously.

PERSONAL APPEARANCE - DOROTHY A. ZARCH, RE: COMMENDATION RESOLUTION

Commissioner Scarborough read aloud a Resolution commending Dorothy A. Zarch for her dedicated public service since April, 1966, and extending best wishes for good health and happiness during her retirement. He presented the Resolution to Ms. Zarch.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution commending Dorothy A. Zarch for her outstanding public service for almost 30 years. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - KAREN E. HEISLER, RE: COMMENDATION RESOLUTION

Commissioner Higgs read aloud a Resolution commending Karen E. Heisler for more than 24 years of outstanding public service, and wishing her good health and happiness during her retirement. She presented the Resolution to Ms. Heisler.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution commending Karen E. Heisler for her outstanding public service. Motion carried and ordered unanimously.

CANDIDATES, RE: 1995 MANAGEMENT CERTIFICATION PROGRAM

Human Resources Director Frank Abbate advised 183 employees attended 11 workshops, 83 employees successfully completed the Management Certification Program, and 71 took the certification examination. He stated of the 71 employees, 54 passed and 11 received a score of 90% or better and will receive their certificates with honors; and they are Barbara Kelly, Jim McSweeney, Helen Rose, Mary England, Cindy Morris, Donna Arehart, Tracy Robar, Sue Therrien, Robbie Marple, Randy Woodruff, and Joanne Adams.

The Board recognized and congratulated the employees who completed the 1995 Management Certification Program.

PERSONAL APPEARANCE - CLAIRE ROBERTS, RE: RESOLUTION PROCLAIMING AMERICAN RED CROSS MONTH

Commissioner Ellis read aloud the Resolution proclaiming March, 1996, as American Red Cross Month in Brevard County; and presented the Resolution to Claire Roberts.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to adopt Resolution proclaiming March, 1996, as American Red Cross Month to recognize the service organization for its assistance to those in need. Motion carried and ordered unanimously.

Claire Roberts thanked the Board for the Resolution.

PERSONAL APPEARANCE - JAMES LUCE, RE: COMMENDATION RESOLUTION

Chairman Cook read aloud a Resolution commending James E. Luce, for more than 30 years of service in Juvenile Courts, District Mental Health Board, and United Way of Brevard, and wishing him well upon his retirement. He presented the Resolution to Mr. Luce.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution commending James E. Luce for his outstanding contributions to Brevard County. Motion carried and ordered unanimously.

James Luce advised to see the progress that has been made is an experience; he appreciates the opportunity; and now he will work on renovating his home.

The Board expressed appreciation to Mr. Luce for his work in the community.

PUBLIC HEARING, RE: RESOLUTION VACATING PORTIONS OF RIGHTS-OF-WAY IN SECTION 21, TOWNSHIP 24S., RANGE 35E. - FIRST NATIONAL REAL ESTATE COMPANY

Chairman Cook called for the public hearing to consider a resolution vacating portions of rights-of-way in Section 21, Township 24S., Range 35E., as petitioned by First National Real Estate Company.

Attorney John Evans advised he represents the petitioner and will answer any questions.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution vacating portions of rights-of-way in Section 21, Township 24S., Range 35E., as petitioned by First National Real Estate Company. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING ROAD RESERVATION EASEMENT IN SCOTTSMOOR RESUBDIVISION OF FARMS 44, 45, AND 46 - WAYNE L. CARSE

Chairman Cook called for the public hearing to consider a resolution vacating road reservation easement in Scottsmoor Resubdivision of Farms 44, 45 and 46, as petitioned by Wayne L. Carse.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution vacating road reservation easement in Scottsmoor Resubdivision of Farms 44, 45 and 46, as petitioned by Wayne L. Carse. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE PROVIDING FOR ADMINISTRATIVE WAIVER OF SETBACKS AND LOT SIZES

Chairman Cook called for the public hearing to consider an ordinance providing for administrative waiver of certain setbacks and lot sizes.

Richard Beyer, 7020 Jasmine Avenue, Cocoa, advised approval of the ordinance is important because the County has grown and house sizes are consistently larger but lot sizes have remained the same. He stated it will take the burden off the Board for more important issues.

Zoning Official Rick Enos advised the Local Planning Agency granted unanimous approval of the proposed ordinance on February 12, 1996.

Commissioner Higgs advised Section 1, page 2, the provision is taken out so the structural coverage of the lot area is not mentioned in the ordinance; and a 40 to 50% figure as opposed to striking Item 5 would be appropriate.

Commissioner Scarborough advised of homes in Orlando oppressively close to each other and; inquired if the height of the building should be addressed and limited; with Mr. Enos responding staff could say if the waiver is more than 10% but less than 20% that could be limited to one-story structures because that seems to be the bulk of the problems; and suggested adding it to paragraph A.5. on page 2 of the ordinance. Chairman Cook inquired if no two-story structures come in for waiver; with Mr. Enos responding there are some but the overwhelming majority are one-story homes that request this waiver.

Discussion ensued on oppressive homes, expensive homes, lack of sunlight between homes, overbuilding lots, waivers for errors and not to build on lot lines, surveyors? errors, micro-management, flexibility, staff discretion, Board of Adjustment filing fee, less bureaucracy, and rules to protect adjacent neighbors, requirement of affidavits from abutting property owners, rules to project adjacent property owners, and over-regulation.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Ordinance amending Chapter 62, ?Land Development Regulations,? Code of Ordinances of Brevard County, Florida; amending Article VI, Section 62-1153 by modifying some restrictions to administrative waiver of setback requirements; amending Article VI, Section 62-1154 to clarify administrative waiver of lot size, width, or depth requirements; providing for conflicting provisions; providing for severability; providing for area encompassed; and providing an effective date, as amended to include Section 1 (a)(5) total structural coverage of the lot area shall not exceed 50% of the total lot area, and protection for adjoining residences in new (a)(4).

Mr. Enos recommended including it under the new (a)(5) where the language deals with single-family residence under construction under a valid building permit; with Commissioner Higgs responding that is fine. He further recommended (6) not be deleted, but be changed from 20% to 50% because it relates to (a)(5).

Commissioners Higgs and Scarborough accepted the amendment to the motion to retain (6) and change it from 20% to 50%.

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

PUBLIC HEARING - ORDINANCE AND AGREEMENTS, RE: CREATING SPECIAL MASTER SERVICES FOR BUILDING-RELATED CASES

Chairman Cook called for the public hearing to consider an ordinance providing for special master services for building-related cases.

Chairman Cook inquired if after Code Enforcement staff investigates, they will decide whether it goes to the special master rather than the Code Board; with Code Compliance Director John Sternagel responding it is only for Building Code violations. Chairman Cook inquired if they all go to the special master; with Mr. Sternagel responding yes. Chairman Cook stated there will be no discretion whether it goes to the Code Board or not; with Mr. Sternagel responding that is correct.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Ellis, to adopt Ordinance amending Article VI, Chapter 2, Code Enforcement Board, Code of Ordinances of Brevard County, Florida; amending Section 2-167 to add a definition of special master; amending the Code to add special master throughout; providing for a member of administrative staff to represent the County; providing for severability; and providing for an effective date. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to execute Agreements with John L. Soileau and Geoffrey Strange to provide special master services for the Code Compliance Department. Motion carried and ordered unanimously.

PUBLIC HEARING - ORDINANCE, RE: AUTHORIZING TAX ABATEMENT FOR TRU- MENSION MANUFACTURING, INC.

Chairman Cook called for the public hearing to consider an ordinance authorizing tax abatement for Tru-Mension Manufacturing, Inc.

Commissioner Scarborough advised he represented Marc Fisher in other matters and will abstain from voting on this item.

Marc Fisher, President of Tru-Mension Manufacturing, thanked the Board for considering his business for a tax abatement; and advised he will answer any questions the Board may have. He stated they are among the first that are trying to go through the process; they have a distinction of being the first new construction going in the industrial park in seven years; and so the tax abatement incentives had some effect.

Chairman Cook inquired if the building is currently under construction; with Mr. Fisher responding yes, they are within three weeks of moving in. Chairman Cook stated the intent of the referendum was to encourage expansion of existing businesses or lure other businesses into the County and create jobs; he does not want to see it go to somebody who is going to expand anyway; he received a letter from Department of Revenue that says the Board cannot grant an exemption if the project is substantially complete; and inquired if that is Mr. Lugar?s understanding. Economic Development and Legislative Affairs Director Greg Lugar responded the EDC Committee on the tax abatement program discussed that extensively; in the case of Tru-Mension, those calculations and discussions were done up front; it is a new process; and it would have been conducted earlier if staff had that Department of Revenue letter up front. Chairman Cook stated it was to the Property Appraiser; the Board has to be consistent and comply with provisions of Department of Revenue; it is discretionary whether or not the Board grants abatements; but it has to be consistent.

County Attorney Scott Knox advised under the current Ordinance, the projects all qualify to the extent they do not have a C.O. at the time the application ordinance is adopted; so if there is a change in the Board?s feeling when this should take place, the Ordinance has to be changed to reflect that the application ordinance would take effect before construction actually starts. He stated apparently they can start construction, and as long as they do not have their C.O., they can still qualify.

Chairman Cook stated he wants it to stay an incentive for job creation and expansion that someone who may not have otherwise expanded will have the ability to expand because he can get a tax abatement; and that is the incentive he wants to keep. Mr. Fisher stated their decision to go ahead with the project was predicated on the tax abatement, not only in the County but also in Titusville; and they did not proceed with anything until they knew that was in place.

Commissioner O?Brien advised the company already has more than $3,000,000 in sales; and the abatement will save about $3,000 a year. Mr. Fisher advised they are a small company so it was an incentive to them.

Motion by Commissioner O?Brien, seconded by Commissioner Ellis, to adopt an ordinance granting an economic development ad valorem exemption to Tru-Mension Manufacturing, Inc., 1885 Arm-strong Drive, Titusville, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of F.S. 196.012; providing for proof of eligibility for exemption; providing for an annual report by Tru-Mension Manufacturing, Inc.; providing an effective date.

Chairman Cook stated he will support the application, but there are technical concerns. Commissioner Higgs stated she shares the concerns about the process, not the applicant; and inquired if the Board has a report from the Property Appraiser. Mr. Lugar advised the information is on the application; the Property Appraiser is asked to answer questions per Florida Statutes; and he filled it out and sent it back to the County, and it was sent to the Commission Offices last week. Commissioner Higgs stated the Board has to have a recommendation from the County Manager and report from the Property Appraiser when considering the issue; she got a copy of the application yesterday; and it would help in reviewing the applications if they were all part of one package. She inquired if the two-page fax she received is the full application; with Mr. Lugar responding yes. She inquired if it complies with the information in the Ordinance; with Mr. Lugar responding yes. Commissioner Higgs advised there does not appear to be the source of supplies which is one item required; it has an identifier that says local and nothing other than that; and in regard to environmental impact, which is required in the application, the Board has no information. She stated the question is asked in the Ordinance on the percentage of employees who reside in the County over two years; and she received that information, the number of anticipated employees, and the hourly wages.

Mr. Knox recommended including ?Be ordained by the Board of County Commissioners of Brevard County, Florida? be inserted before Section 1.

Discussion ensued on the process, kinks that need to be worked out, intent of the referendum, better procedural methods, all information received in one packet and compliance with the law.

Commissioner Higgs recommended continuing the public hearing so all the questions that were posed and all the information asked for to evaluate the application is received as outlined in the Ordinance.

Commissioner O?Brien stated it would be an inconvenience on Tru-Mension; he reviewed the entire package; Mr. Fisher came in good faith, and the Board should approve it; and if it wants to go over the Ordinance at the next meeting that is fine, but it should not have him drive back down here to talk about red tape and Government bureaucracy.

Discussion continued on procedures, consistency, complying with Department of Revenue, and the intent of the Referendum.

Mr. Knox advised he read the Department of Revenue report and opinion from its attorney; it was less than clear that there was any violation of the law by virtue of the Ordinance; he disagreed with some of the steps being followed from the standpoint of timing; but he is not saying the Ordinance is a violation of the law. He stated it is a matter of policy whether the Board wants to make a decision before the building permit stage or with the certificate of occupancy stage; and there is nothing in the letter that causes any problems. Chairman Cook stated not from the legal standpoint, but perhaps procedurally. He also requested all the information in one package.

Commissioner Ellis stated the issue is exemption which needs to be granted before the C.O. is issued; and if they are getting ready to open the facility, continuing the public hearing to hear from the State may postpone that. He stated the State is not going to respond with clear finite answers in two weeks; and if the Board needs to resolve the issue with the State, it is beyond this application. Commissioner Higgs stated there are provisions in the Ordinance that have not been complied with and she would like all that information to comply with the Ordinance.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to continue the public hearing on an ordinance providing tax abatement for Tru-Mension Manufacturing, Inc. until March 8, 1996.

Commissioner Scarborough inquired if he can vote on the motion to continue; with County Attorney Scott Knox responding yes. Chairman Cook called for a vote on the motion. Motion carried and ordered; Commissioners O?Brien and Ellis voted nay.

Mr. Knox advised the Property Appraiser expressed concern about the way the application process is being handled in terms of what he thinks his role is and what the County Ordinance provides for, and he would like authority to sit with him and work that out.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to authorize the County Attorney to meet with the Property Appraiser to work out concerns regarding the application process for tax abatements. Motion carried and ordered unanimously.

REVIEW OF APPLICATIONS AND APPOINTMENTS, RE: NORTH BREVARD COUNTY HOSPITAL DISTRICT BOARD

Commissioner Scarborough advised Mr. Turner is withdrawing his application for appointment to the North Brevard County Hospital District Board, and unless Pat Manning wants to address the issue, he will move to appoint her. He stated she is well qualified; led the City of Titusville in establishing relationships with its sister city in China; has been active in many elements of the community; and the Board will be well served by her.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to appoint Dr. Pat Manning to the North Brevard County Hospital District Board.

Dr. Pat Manning, 6031 Barna Avenue, Titusville, thanked the Board for its vote of support; and inquired which seat she will hold on the nine-member Board. She stated at the meeting of the Brevard Medical Board of Directors, Rene Davis said it would have to be approved by the City Council of Titusville. Commissioner Scarborough advised there are some appointments that have to go before the City Council and some by just this Board; and he believes this appointment is just a Board appointment, but he will have to check on it. Dr. Manning advised she needs clarification because there are other problems if it has to be a City-approved appointment; she lives in the County, not the City; but she lived in the City for 20 years, and 11 years in the County.

Commissioner O?Brien recommended a break to get a determination on the appointment.

The meeting recessed at 10:23 a.m. and reconvened at 10:40 a.m.

Commissioner Scarborough advised there are strictly City appointments, joint appointments, and County appointments; of the two appointments being considered, one is a joint and one is strictly County; since this is a continuation of the prior issue, the Board has an opportunity to clarify and reconsider what has occurred; so he wants to reconsider and clarify what has occurred.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to reconsider previous appointment of J. J. Parrish to the North Brevard County Hospital District Board. Motion carried and ordered unanimously.

Commissioner Ellis advised since the Board has joint and County appointments, it may be appropriate that Mr. Parrish be the joint appointment.

Commissioner Scarborough stated there are several reasons such as locations of where they live; and since Dr. Manning lives in the County, it would make sense to appoint her as the County appointment and Mr. Parrish as the joint appointment.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to appoint J. J. Parrish to the North Brevard County Hospital District Board, subject to approval by the City Council of Titusville, and appoint Dr. Pat Manning to the same Board as the County appointment.

Commissioner Scarborough inquired if there is anything further that should be put in the record; with County Attorney Scott Knox responding in case the motion for reconsideration is not the appropriate mechanism, the intent of the motion needs to be stated that it is to clarify which appointment status Mr. Parrish was going to occupy. Commissioner Scarborough advised the intent is to clarify the appointment of Mr. Parrish as it was not stated which seat he would occupy or who was going to take the joint and who was going to take the County seat at the last meeting. He stated in essence this item is a continuation of what the Board did previously; it has the right to clarify that as part of the ongoing action of a prior meeting; and inquired if that is appropriate; with Mr. Knox responding that is fine.

Chairman Cook advised the motion is to appoint Dr. Manning as the Board?s appointment and clarify that Mr. Parrish is the joint appointment; and called for a vote on the motion. Motion carried and ordered unanimously.

Dr. Manning thanked the Board for its vote of confidence, and stated she will represent it well.

PUBLIC HEARING, RE: REQUEST FOR VARIANCE FROM BREVARD COUNTY COASTAL SETBACK LINE FOR NORM AND JOYCE NAULT

Chairman Cook called for the public hearing to consider a request for variance from the Brevard County Coastal Setback Line for Norm and Joyce Nault.

Ed Fleis, 1090 Highway A1A, Suite 200, Satellite Beach, representing Norm and Joyce Nault, advised the site meets the criteria for a variance in that it has experienced less than 25 feet of erosion since 1972; in order to determine the amount of erosion, he called Emmett Foster of the Bureau of Beaches and Coastal Systems, Florida Department of Environmental Protection, to get the most recent information available; and he provided a profile submitted as part of the application. He stated it was taken at Range Monument 171; the location of R-171 is less than 400 feet south of the property; and field surveys were done at the monument in 1972, 1983, 1986, and 1993, indicating the mean high water line; and at about elevation 2, there was 8 feet of accretion. He stated Ordinance 85-17 does not refer to the mean high water line; it refers to the toe of the dune slope which is at about elevation 13; and at that point, the property had erosion of two feet; so it would make site available for up to 23 feet.

Commissioner O?Brien advised the area had erosion of approximately two feet between 1972 and 1995; that points out that the south part of the County, away from the channel cut at Port Canaveral, has beach that is getting bigger over the years; it sustained Hurricane Erin and did not suffer severe erosion; but further north, closer to the Port, the problem worsens because of the channel cut. Commissioner Ellis stated the property is also on the north side of Sebastian Inlet jetty.

Mr. Fleis advised the area would be rated as stable even though the beach system itself is dynamic; the State looks at existing building line and what would be a reasonable location for the most seaward extension of a building; the property to the north is about two feet and the property north of that is almost 20 feet seaward of the construction line; and properties to the south are basically at the construction line. He stated the site is in a line of continuous succession of buildings; they have existing vegetation of coastal scrub in the form of dune grass, sea grapes and saw palmetto; and they will maintain those on the seaward side of the building. He advised the building will be on pilings about 30 feet tall with 10 feet under sea level; the house will be designed to sustain a force of 140 m.p.h. winds; and the windows and lights will meet the turtle protection requirements.

Bob Scalero, 625 Newport Drive, Indialantic, advised about three months ago he met with Chuck Frontee to discuss where he could position the house; he took an aerial photo and drew a line across the existing houses and said the State would not have a problem going as far up to the control line as the existing houses.

Commissioner Ellis advised one of the problems is the 80-foot setback from A1A which forces homes towards the beach; and if the 80-foot setback was not there, the house could be moved forward away from the dunes. He stated they could eight lane A1A with that setback which will never happen; and the Board needs to look at what is more important, staying 80 feet off A1A or staying away from the dunes.

Commissioner Higgs advised she has a problem with variances from the Coastal Setback Line; Emmett Foster?s recommendation of December 5, 1991 is that an estimate of one foot per year be used between markers 68 and 219 which encompasses this site; in his memo he said it is a minimum level, given the uncertainty in future conditions; and he has not changed that recommendation, and continues to believe it is a good recommendation. She stated she also believes that it is a good recommendation to preserve the integrity of the homes that will be built along the beach, so she will move to deny the request for variance.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to deny the request from Norm and Joyce Nault for a variance from the Brevard County Coastal Setback Line.

Commissioner Ellis inquired how will the County resolve the issue of putting the house on the lot, as another problem is the 80-foot setback from A1A. He stated the total is 180 feet which is more than adequate for a four laned road and enough to do seven lanes which will never be needed in that area; so there is no justification for that size of a setback. He stated if the Board is not going to allow the house closer to the beach, then it needs to allow people to move the house closer to the road.

Commissioner Higgs inquired what would be available for the building envelope; with Debbie Coles responding about 40 feet in depth from the 80-foot setback. Commissioner Higgs advised if they meet the setbacks, there will still be 40 feet between the front and the rear of the house; the property looks to be 109 feet wide; so taking 76.5 feet on each side would leave 95 feet by 40 feet which could accommodate a 3,600 square-foot house on one floor. Commissioner Ellis stated that is if they build a parallelogram for a house; and it is not quite accurate to say it is 7.5 feet on either side because it is more than that at the far corners.

Commissioner Scarborough inquired if 40 feet is adequate for most homes; with Mr. Scalero responding most houses he builds are 65 feet in depth; they have less than 90 feet in width because they have to comply with the State?s breezeway requirements; and the house is to be a two-story structure with 3,800 square feet of living area. Commissioner Higgs inquired if there is not enough room within the building envelope to do that; with Mr. Scalero responding not unless they build a box, but the design of the house is not rectangle and has dimensions. Mr. Fleis advised the state has a requirement that a building width cannot be more than 60% of the lot width as measured at the coastal construction control line, so it would be 60% times 109 and shore normal at right angles to that line.

Discussion ensued on shore normal impact areas, buildable envelope, architectural features of the house, and the 80-foot setback from A1A.

Commissioner Higgs inquired if Mr. Fleis has gotten a variance from the setback on A1A; with Mr. Fleis responding just on one occasion which was the St. Andrews? property where there was a minimal buildable envelope. Commissioner Higgs stated there are other remedies available to them.

Chairman Cook advised it would be preferable to have a variance from the road rather than going into the Coastal Construction Line, and that option is available through the Board of Adjustment. Commissioner Scarborough stated the Board needs to discuss the issue of setbacks. Chairman Cook stated he cannot give a variance from the setback line, but agrees the Board needs to consider the setback from A1A. Commissioner Ellis stated if this is denied, the Board needs to revisit the 80-foot setback on A1A.

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

APPROVAL OF FOLLOW-UP REPORT, RE: HOMEOWNER ASSOCIATION COMMON RECREATIONAL AREAS

Public Works Finance Manager Jim Helmer advised the elimination of stormwater assessment for parcels with less than $3.00 within the 79-29 use code would eliminate 87 tax bills going out.

Commissioner Ellis inquired why did staff stop at the $3.00 mark. He stated the report shows the total revenue lost, but not the cost to send out and process $3.00 and $4.00 bills to homeowners associations.

Chairman Cook advised the summary gives a breakdown, and the Board could go up to $100. Commissioner Ellis stated that would be Option 1. Mr. Helmer advised Option 1 is leave it alone, Option 2 is to create a threshold the Board wants; and staff was just showing the impacts of the thresholds. Commissioner Ellis inquired if it could be brought to those parcels with less than $100; with Mr. Helmer responding it would eliminate probably all but 11 parcels. Commissioner Ellis stated it would eliminate 220 parcels and lose about $6,600 minus what the cost would be to send bills out and collect payments. Mr. Helmer stated he does not know how many bills would be eliminated as there may be other taxes on those bills, but it would be somewhere between 87 and 200. Commissioner Ellis stated if the Homeowners Associations do not pay, the County would have to advertise legal notices and auction the properties it does not want.

Commissioner Higgs advised she understands the justification for exempting parcels within the use code if they are $3.00 or less, but has serious concerns if it moves into other levels; most people pay their assessments and taxes when they feel they are fair and equitable; but exempting certain parcels on a broad basis gets into the principal of treating people equally and fairly; so she cannot support exempting all the parcels. She stated the Board would be treating people in an unfair manner, and that is an unsound basis for collecting assessments. Commissioner Ellis stated he does not understand the unfair manner; it is homeowners associations? common areas with values less than $100; and the cost of collection and repossession does not make sense. He stated they are not individual private properties; many do not have active associations to make the payments; and it would cost the County more money to send out bills, go through the tax status, etc. than to take them off the tax rolls. Commissioner Higgs stated there are groups of private individuals who own property, whether they are called homeowners associations or corporations, they are still groups of individuals and still privately-owned properties; and if the Board cuts out segments and treats those in a different manner, it is getting away from fair and equitable treatment. She stated a group of people in an association who own property is not a basis for exempting the property any more than if a group of individuals got together and bought land and called it jointly held common recreation areas and built recreational facilities; the Board has to treat everyone equally and fairly; and what it is talking about doing does not do that. Commissioner Scarborough advised a group came by his office and asked what would happen if they do not pay; the County would be responsible for maintenance because it would become County property; and it would be a bigger nightmare.

Commissioner O?Brien advised what Commissioner Ellis said was wrong; it is not people whose property is worth $100 or less, it is the assessment of $100 or less; and the property could be worth $10,000. He stated homeowners associations own drainage holding ponds, maintain the grass and treat the water; nobody wants that property; so he can support exempting those of $100 or less assessment per year because most of those parcels are small parks or holding ponds.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to direct staff to look at exempting parcels with an assessment of $100 or less.

Commissioner Higgs stated it is treating the vast majority of taxpayers in an unfair manner by exempting certain people and properties. Commissioner Ellis stated it is unfair to spend more money trying to collect those taxes than the property is worth, and if they do not pay the assessment, it is dumped on the County. Commissioner Higgs stated it is the assessment they are paying and not the assessed value of the property. Commissioner Ellis stated surface water assessment is based on the assessed value. Mr. Helmer advised there are various criteria on how they assess for stormwater improvement.

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

Commissioner Scarborough requested the County Attorney report on the prior motion dealing with the appointments to the North Brevard County Hospital District Board.

County Attorney Scott Knox advised the original motion at the last meeting was to re-appoint J. J. Parrish, but the seat was not specified; in order to avoid any possible concern with the manner in which the Board proceeded today, it needs to waive Roberts? Rules, which is allowed under its procedures, and then move to ratify what it just did, which was to appoint Mr. Parrish to the joint position and Ms. Manning to the County position.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to reconsider the prior motion. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to suspend Roberts? Rules of Order. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to appoint J. J. Parrish as joint appointment and Dr. Pat Manning as Board appointment to the North Brevard County Hospital District Board. Motion carried and ordered unanimously.

RESOLUTION, RE: REQUESTING STATE AND FEDERAL FUNDING ASSISTANCE FOR BEACH RENOURISHMENT PROJECTS

Commissioner O?Brien advised the resolution did not point out things he thought were important; it is not only to request Congress in the 1996 Water Resources Development Act, to authorize construction and renourishment of our beaches, but also reach out and say we request State Representative Jack Ascherl, Stan Bainter, Randy Ball, Bud Bronson, Bob Brooks, Bill Posey and everyone in Tallahassee from this area to give Brevard County some support. He stated the Governor rather than approve $31,000,000 for beach renourishment statewide, stated he is willing to look at $10,000,000; that is the next glitch, and why he has to go to Tallahassee to have the Governor understand the real problem and that $10,000,000 is not going to solve it. He stated the County?s share will come from TDC taxes as tourists use the beaches and will help pay for them.

Motion by Commissioner O?Brien, seconded by Commissioner Ellis, to adopt Resolution requesting state and federal funding assistance for beach renourishment projects. Motion carried and ordered unanimously.

DIRECTION, RE: FEE OPTIONS FOR SPECIAL EVENTS, AND WAIVER REQUEST FROM HOLIDAY INN OCEANFRONT AND MELBOURNE BEACH HILTON

Ivan Gunter, 471 Sea Horse Avenue, Indialantic, representing Melbourne Beach Hilton, advised he is here to address the concerns of the Board and answer any questions it may have.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to approve no exemptions based on zoning which would require a $34.00 permit and a one-time inspection fee of $24.00.

Commissioner Scarborough inquired if inspections are performed for indoor events; with Code Compliance Director John Sternagel responding no. Commissioner Scarborough stated he is more concerned with indoor events where persons could die from fires.

Commissioner O?Brien stated it is important to have inspections every 30 event days; the annual cost is about $174; and gave a scenario of what could happen if not built to Code, band outside, and wiring by unqualified persons which could hurt someone if not grounded.

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

Mr. Sternagel inquired if it includes waiver for Holiday Inn and Hilton to be assessed under Option 3; with Commissioner O?Brien responding yes, it is part of the motion.

SUBORDINATION OF EASEMENT INTEREST AGREEMENT WITH BELLSOUTH, RE: MALABAR ROAD, PHASE 1

Motion by Commissioner Ellis, seconded by Commissioner Higgs, to execute Subordination of Easement Interest with BellSouth Telecommunications, Inc. to relocate its facilities for Malabar Road, Phase I project; and authorize payment of $13,885.56 upon receipt of invoice for the relocation. Motion carried and ordered unanimously.

AUTHORIZE LETTER TO BREVARD LEGISLATIVE DELEGATION, RE: FLORIDA STATUTE AMENDMENT CONCERNING COLLECTIVE BARGAINING

County Manager Tom Jenkins advised this item was first raised by the County Attorney?s Office; the State is saying that State Government is allowed to sign a multi-year labor agreement and if the Legislature does not fund it, the State is not guilty of an unfair labor practice, but county governments and school boards would be and are currently guilty of unfair labor practices. He stated the issue was that the State is giving itself a special consideration it is not giving other local governments, and staff takes exception to that.

Karl Thompson, 2907 Kensington Drive, Melbourne, representing Space Coast AFL-CIO, advised the change in the law came about because of abuse; a county and city failed to fund multi-year agreements; and under those provisions, the board can say no to funding it and would be out of the multi-year agreement. He indicated not many people would enter into such agreements, including the County Manager and County Attorney. He stated there is a provision, that should the County develop financial hardship in the future because it lost a major taxpayer, a hurricane came through, etc., the law requires negotiators from both sides to sit down within 14 days and re-negotiate; should they go to impasse, they still have the legislative imposition of Florida Statute 447; and there is still no binding arbitration law in Florida. Mr. Thompson stated if the concern is the State not imposing the same law on itself, the answer may be because they do not change direction as quickly as local governments; there are greater lobbying efforts in Tallahassee; and they will continue to fund their multi-year agreements. He stated the change is not needed; the existing provisions are adequate; and if the law goes back to the way it was, it will kill multi-year agreements as it did in the past and force negotiators to the table more often. He stated Chapter 447, Florida Statutes, gives management the majority of the cards; it has a constitutional prohibition of strikes for public sector employees, legislative imposition, executive sessions, and all the cards, while the poor labor element has very little it can do; so he would like to urge the Board not to support the option and not transmit the letter to the Legislative Delegation.

Nancy Fazio, 1812 Bel Court, Indialantic, President of IAFF Local 2969, Professional Fire Fighters of Brevard County, advised she is opposed to the letter; both sides came in good faith to the bargaining table and bargained a contract; the membership ratified the contract; and the Board approved it and agreed to fund everything and do everything in the contract as they did. She stated they are not asking for anything they have not negotiated for; it attacks their wage and benefit articles without due process; there are provisions for catastrophes which require them to sit down and reassess and put aside; but because of poor investments or management of funds, which happened in Orange County, California, they now negotiate one-year contracts; and they do not want to do that. Ms. Fazio inquired if the Board approved a contract which was ratified by the IAFF members in good faith, and the members on the Board change, why should someone have the right to arbitrarily change something agreed to. She requested the Board not support the letter and continue to bargain with them in good faith.

Lew Jamieson, 28 Colonial Drive, Cocoa Beach, advised he supports the wisdom of the Florida Legislature in passing this legislation; it recognizes that Article I, Section 6 of the Florida Constitution gives public employees the right to bargain; and for a county or municipality to enter into an agreement whereby it did not intend to fully honor that agreement is an unfair labor practice. He stated if financial urgency is the case and multiple years cannot be financed, there is a re-opener of negotiations provided in Florida Statutes; that was put there to protect employees and local governments; but if the County Attorney?s concern is that State employees are not afforded the same protection, then he would join him and the Board to lobby the Legislature to include State employees. Mr. Jamieson stated the language is eminently fair in Florida Statute 449; and encouraged the Board not to send a message to its employees that it is all right to conclude a collective bargaining agreement and not intend to abide by it. He requested the letter not be written.

Commissioner Ellis inquired if the concern is that the County would renege on pay increases; with Mr. Jamieson responding yes. Commissioner Ellis stated that would not be proper; but if another Board had a financial problem and had to lay off 10 or 15 people, that should be recognized as something necessary in the budget process; and he wants to make sure what the Board is looking at today deals with contracted wage increases and not a three-year job guarantee because the Board cannot predict the financial status of the County. Mr. Jamieson stated the bone of contention seems to be that unfair labor practices can be filed against the County should it fail to fund the agreement for reasons other than financial urgency; he does not know the contents of the letter; but it is unfair for any reason other than financial urgency to not fully fund the agreement and provisions for step increases.

Chairman Cook inquired if the new legislation has an impact on counties laying off workers because of financial problems; with Mr. Knox responding unless it is put in the contract that says the Board cannot do that, it would not affect it.

Commissioner Scarborough stated the Board can enter into contracts that continue beyond one year, but has to budget each year; multi-year contracts can benefit the County as a planning tool; and it would have better control knowing in advance it has a labor contract to fund rather than wondering where it will be with labor. He stated he is opposed to weakening the relationship; it can go to one-year contracting if it does not want to bind future boards; but that is not the right approach.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to deny the Brevard Legislative Delegation letter of request for Statute amendment for collective bargaining. Motion carried and ordered unanimously.

Chairman Cook advised his concern is how the State exempts itself from all kinds of laws it passes; that is inappropriate; Congress recently stopped exempting itself from the laws it passes; and he hopes the State Legislature will follow suit and abide by the same laws it enacts.

AGREEMENT WITH A. DUDA AND SONS, RE: DONATION OF LAND FOR PINEDA CAUSEWAY EXTENSION

County Manager Tom Jenkins advised there were negotiations and discussions between the residents surrounding the area and staff; there was an interest in trying to come up with a route that was environmentally acceptable and had the least amount of disruption on Windover Farms and Suntree; since then there has been additional development in the area; and the County is at a pivotal point in time. He stated if the County is not careful with its long-range planning, it could end up with an offset intersection, as the existing Pineda Causeway could come in at a point where no property would be available at a western location to meet with. Mr. Jenkins advised the County has an offer of donation of a considerable part of the right-of-way; staff is not asking the Board to spend money on right-of-way at this time because there is no funding identified for the project; but it may be appropriate to entertain accepting the offer, and allow staff to see if there is any potential for securing two connection points on the west side, and put those away for long-term planning purposes.

Chairman Cook stated it is foresight to acquire the right-of-way for the future; it adds to better planning; but he does not understand the Agenda Report asking for authorization to discuss with the Shrine, Presbyterian Church, and another property owner, and stating immediate action regarding the alignment needs to be undertaken to avoid an offset intersection, when on January 27, 1995, more than a year ago, the Board authorized staff to accept the donation and negotiate with the Church and other affected property owners regarding the Pineda Extension to connect to the Pineda Causeway. He stated a year has gone by and now staff is here today asking for the same authorization; it does not make sense; and he was under the impression staff was actively negotiating with the Church. Mr. Jenkins advised there have been discussions with the Church, but nothing has gone forward in a formal sense, and this action by the Board will take staff to the next level if the Board is desirous of trying to formalize something. Chairman Cook repeated previous statements that staff already had authorization and could have had not only a donation but an agreement with the Church, and brought the whole package to the Board if they were working on it for a year. Mr. Jenkins requested staff explain why they have not gone any further.

Public Works Director Henry Minneboo advised the only thing he can offer is they have no funding source to enter into any kind of negotiations. He stated he was unaware of the previous Board action; and other than identifying a funding source, they are prepared to move forward. Chairman Cook expressed concern that Board actions are not being followed.

Commissioner Higgs inquired if there is any obligation on Brevard County to build the road; with Assistant Public Works Director Ron Jones responding the transfer of the property is contingent upon the allocation of a funding source for construction, but it does not obligate the County to construct the facility. Commissioner Higgs inquired if that is everybody?s understanding; with County Attorney Scott Knox responding that is his understanding. Commissioner Higgs stated she wants it on record because the County is not in a position to commit to building the road, and that Messrs. Minneboo, Jones, Jenkins and Knox understand it that way. Commissioner Ellis stated the County does not build I-95 interchanges. Commissioner Higgs inquired if staff has an indication from FDOT regarding an interchange being located that close to Wickham Road, because she understands the standard is further than that; with Mr. Minneboo responding no, staff has not gone that far in determining if it is going to be a problem or concern in the future. Commissioner Higgs stated that question should be asked first, because if they are not going to allow an interchange at the potential terminus of Pineda Extension, there is no reason to go any further. Growth Management Director Susan Hann advised the State has processed an interchange justification report on the Pineda interchange, so it has tentative approval.

Commissioner Scarborough inquired if the County will pay for the connector road; with Ms. Hann responding yes, at this point the Pineda Extension is contemplated as a County project; at one time it was considered a State project; FDOT looked at it with severe access restrictions and a limited access highway; and that was not acceptable to the County, so the State is not pursuing the project. Commissioner Scarborough inquired how much will it cost; with Ms. Hann responding she is not aware of the cost estimate. Commissioner Higgs inquired if it is in the Viera DRI; and Commissioner Scarborough inquired what recourse does Viera have if the County elects not to construct the road; with Mr. Knox responding there is a condition preceding the conveyance of the property to the County; that condition is the County has to identify the source of funding to be able to construct the road; so to the extent it does not have the money and does not pursue the money, it will not have the right-of-way deed.

Commissioner O?Brien advised the old right-of-way ran straight out to I-95; people said to give it away because it has to move down a half mile; the previous Board gave away chunks of it; and this Board is in a position today to make deals and spend money when the right-of-way was all there in place years ago. Commissioner Ellis stated the right-of-way to Wickham Road is still in place if it has to be used. Commissioner O?Brien stated the right-of-way that runs behind Suntree to the south has been vacated in little pieces since he has been Commissioner, and there are only five pieces left. Commissioner Ellis stated the key piece that is left is the piece that is needed to connect to Wickham Road; if staff cannot work something out with the Church, it has access to the right-of-way from Wickham Road down the old County right-of-way; and what the Board is trying to do is get the Pineda Causeway and this road to I-95 properly in line so it does not have a disjointed intersection. Commissioner O?Brien repeated previous statements about the right-of-way that was in place.

Chairman Cook inquired if the agreement would have no impact on commitments made in the Viera DRI; with Mr. Knox responding it should be consistent with the Viera DRI. Mr. Jones advised there is a provision in the Contract that should DOT provide funding, the agreement would be null and void, and The Viera Company would be able to transfer that right-of-way to DOT.

Commissioner Scarborough inquired what occurred that FDOT decided not to do the project; with Ms. Hann responding FDOT was pursuing the project as a limited access facility similar to interstate standards and would not have any local access; it included a fly-over Wickham Road and the railroad, so it would be a very limited access route from adjacent properties; and DOT may have also been pursuing it as a toll facility, but she is not sure that is correct.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to execute Agreement with A. Duda and Sons for donation of right-of-way to extend Pineda Causeway, and authorize staff to proceed with right-of-way discussions with Azan Shrine Temple, Pineda Presbyterian Church, and the Zeppieris. Motion carried and ordered unanimously.

Chairman Cook directed staff to obtain a copy of the January 27, 1995 Board action and follow it.

AGREEMENTS WITH FLORIDA DEPARTMENT OF TRANSPORTATION, AND INWOOD CONSULTING ENGINEERS, RE: FUNDING FOR PALM BAY ROAD DEVELOPMENT AND ENVIRONMENTAL STUDY

Mel Broom, Mayor of Palm Bay, advised the City Council voted to recommend the Board accept the Engineers? proposal to take care of the cost, and hopes the Board will consider it favorably.

Barbara Dillabough, 3670 Buddy Drive, Melbourne, advised the project has been in development for six years, and she is amazed to see that it is here for the environmental study, She stated the money that was directed for this project was given to Palm Bay for Dairy Road, but the City did not use it and gave it for the extension which is called northwest corridor now. She stated there has been a lot of studies; and requested an accountability letter from Mr. Jenkins on how many studies were done and how much has been spent on the project already. She stated Commissioner Higgs wanted another count of cars on Minton and Palm Bay Roads and Mayor Broom said he had several counts and she could have them; indicated former Commissioner Thad Altman formed a Homeowners Association for the people on Heild Road who did not want the project, and promised them it would not go through there; and advised Sue Hann told her they had $4 million, and MPO or DOT would get the other $1 million for the project. She stated beltways which are probably needed would take 15 years, and this road could be in use within three to four years. She advised of her granddaughter being hurt, a friend killed on U.S. 192, and several other people killed on U.S. 192; stated Palm Bay Road and U.S. 192 need to be widened before any other projects to take care of the traffic from Malabar and Grant; and that congestion on the road is at Palm Bay and Minton and not south or west of that. She expressed her frustration with delays of road projects; mentioned money from the General Fund for survey of a canal in District 2; and inquired if the road money will come from the General Fund. She stated the two projects need to be done to save lives.

James Ansell, City of Palm Bay, advised he is here to convey Mr. Bob Nanni?s support for the consultants? proposal for Palm Bay Road.

Alex Hull, 3504 Lake Lynda Drive, Suite 365, Orlando, with Inwood Consulting Engineers, advised he is here representing the firm that will be doing the study, and will answer any questions about the offer they made.

Chairman Cook advised Inwood Consulting Engineers offered to fund the local match for the project; he has a letter from Finance Director Stephen Burdett indicating the County Attorney?s opinion should be obtained as to the propriety of accepting the contribution; and inquired what is Mr. Knox?s advice; with County Attorney Scott Knox responding it may not technically be a conflict, but there is an appearance of impropriety which may result from the firm getting the job. Commissioner Higgs stated the firm already has the job, and they are going to forego $70,000 of the fee to pay the match.

Mr. Hull advised the offer is to pay the local share of $70,000 plus some change to ensure the project is initiated and they can begin; they were selected by FDOT to do the project in August or September, 1995; the project was supposed to begin in October, 1995, contingent on a JPA being signed between local governments and FDOT; but the JPA has not been signed because there has not been agreement on how the local match would be paid. He stated it is important to the firm that the project begin; the contract to do the work is not with the County, it is with FDOT; so there is no conflict since they have already been selected by FDOT and it will not influence any decisions on who is going to do the work.

Mr. Knox inquired if Inwood is contributing part of its fee and there is no future work that would come out of it; with Mr. Hull responding yes. Mr. Knox stated if they have the job already, there is no problem. Commissioner Higgs inquired if there is future work the company will get as a result of this project; with Mr. Hull responding there is a contingent clause in the contract that if FDOT elects, there is future design work associated with the project that they may ask the firm to do or may not ask the firm to do; the contract is only for the PD&E phase; that is the only portion they are contributing money to; but they hope the project continues and the County, cities, and FDOT work out the local share for construction because they cannot make that contribution.

Chairman Cook inquired if the contract with FDOT is a set amount; with Mr. Hull responding it is a lump sum fee and the scope and fee have already been negotiated.

Motion by Commissioner Ellis, seconded by Commissioner Higgs, to accept donation of $70,783 from Inwood Consulting Engineers as the local match for a development and environmental study for Palm Bay Road Widening Project; authorize the Chairman to execute Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) for the study; direct the County Attorney to develop an agreement with Inwood Consulting Engineers specifying the County will receive the funds and transmit same to FDOT without additional obligations or liability; authorize the Chairman to execute the Agreement with Inwood Consulting Engineers; and approve Budget Change Requests to implement the funding program. Motion carried and ordered unanimously.

The meeting recessed for lunch at 12:11 p.m. and reconvened at 1:15 p.m.

TEMPORARY USE AGREEMENT WITH MacASPHALT AND SOUTHERN TIMBERLAND CORPORATION, AND WAIVER OF LAND DEVELOPMENT REGULATIONS, RE: PORTABLE ASPHALT PLANT AND ACCESS ROAD

Geoff Scales, representing MacAsphalt, Inc., advised he will respond to any questions if needed.

Commissioner Higgs inquired if the public was notified about the entrance road; with Growth Management Director Susan Hann responding it is a waiver of the Land Development Regulations for the access road and the public was noticed. Commissioner Scarborough inquired when the notices were sent out; with Ms. Hann responding last Monday afternoon.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Temporary Use Agreement with Southern Timberland Corporation and MacAsphalt, Inc. for a portable asphalt plant and related activities in conjunction with resurfacing SR 528 and I-95; and waive the requirement for an 80-foot wide paved access road from the designated site to SR 5A. Motion carried and ordered unanimously.

DISCUSSION, RE: COST-CUTTING IDEAS/SUGGESTIONS

County Manager Tom Jenkins advised five unedited suggestions were submitted to the Board; (1) is to have a contract manual issued jointly from the County Attorney?s Office and Risk Management with generic models for contracts; and the County uses standard contracts where it can. He stated (2) is to experiment with voice mail for some aspects.

Commissioner O?Brien stated he has a real problem with voice mail; Public Safety has it and it is frustrating not to get a real person, and most annoying thing. Mr. Jenkins advised Public Safety gave up a secretary?s position and that was the initiative; and people can call for inspectors, school crossing guards, etc. and leave messages. He noted where it is frustrating is for general telephone calls; and they do not use it for those.

Mr. Jenkins advised (3) is to consider a change in the vacation allocation of long-term employees; and Human Resources did a survey and found the current vacation allocation is comparable to the levels provided by other jurisdictions. He advised (4) is park County vehicles in a central location at the Government Center; however, no savings would occur and vacant parking spaces would be tied up during the day. Commissioner Ellis stated his concern is County vehicles and Property Appraiser?s vehicles parked in front spaces which are for customers. Mr. Jenkins advised he will instruct staff to park at the rear of the lot. Commissioner O?Brien stated it may jeopardize the safety of employees who are at the Government Center late; with Commissioner Ellis responding the only employees are the Clerks, and there is a parking spot for them. Commissioner O?Brien stated Code Enforcement Board and other boards meet at the Center; and staff has to facilitate those boards. Commissioner Ellis noted all vehicles in one location could result in use of less vehicles and have pooling. Chairman Cook asked for a list of who is assigned County vehicles.

Mr. Jenkins advised (5) is to shred old tires for asphalt; and currently tires brought to the Central landfill are shredded and used as fuel.

The Board acknowledged report on cost-cutting ideas and suggestions from County Departments, and summary report from the County Manager.

WAIVER AND REDUCTION OF RIGHT-OF-WAY WIDTH, RE: LAURENS AVENUE

Terry Milam, 6280 SW 7th Street, Margate, Florida, advised he is willing to give 25 feet to the County so they can get the road extended.

Commissioner Higgs advised staff recommended Option 3 which would require all the landowners off Laurens Avenue to provide a 25-foot drainage, access and utility easement.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to approve waiver and mandate a condition on the whole stretch of Laurens Avenue that any parcel of land requesting access off of Laurens Avenue must provide a 25-foot drainage, access, and utility easement dedicated to Brevard County for the future improvement of Laurens Avenue, thus complying with the minimum 50-foot width requirement. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - DON RENFROE, RE: DISPOSING OF TAX LIEN

Don Renfroe, 465 N. Range Road, Cocoa, advised he purchased property through Tax Deed Sales and has a lien for delinquent garbage pickup; and he does not feel he owes it because there was no trash there, and no one lived in the house for 20 to 30 years.

County Manager Tom Jenkins advised he checked with Mr. Rabon who advised there was no pickup at the location.

Commissioner Higgs inquired if Mr. Renfroe checked the property records to determine what liens were on the property before buying it; with Mr. Renfroe responding no, he asked what was owed and they said that was all.

Discussion ensued on demolition of the house, what will happen to the debris, who would pay the disposal fee, credits, and releasing liens for collection and recycling and keeping disposal lien.

Commissioner Ellis recommended removing all the liens and billing for disposal of the debris. Commissioner Higgs recommended Mr. Renfroe pay the disposal lien and the Board waive the collection lien because it is unfair to those who pay the disposal fees.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to waive liens for Solid Waste Collection, Disposal, Recycling, and EMS assessments on property at 5431 Alice Lane, Cocoa, purchased by Don Renfroe as a Tax Deed, subject to Mr. Renfroe paying the real cost for disposal of debris generated by demolition of the house on the property. Motion carried and ordered; Commissioner Higgs voted nay.

DISCUSSION, RE: BREVARD COUNTY v. WARDLOW (HARVEY PARCEL 139)

County Attorney Scott Knox recommended settlement as outlined.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to approve Motion and Stipulated Final Judgment to settle the Brevard County v. Wardlow litigation for $4,600 plus removal of the existing median immediately across from the new access to Harvey?s Groves, subject to the property owner being responsible to replace the median upon request from Florida Department of Transportation. Motion carried and ordered unanimously.

DISCUSSION, RE: COMMERCIAL FISHING IN SOUTH LAKE

Commissioner Scarborough advised he met with people from the State, and they are willing to look into the issue; but he would prefer the Chairman write a letter; they have designated South Lake as one of the lakes that they take special care in monitoring and watching and they seem most willing to undertake this for their information.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to authorize the Chairman to send a letter to Sam McKinney with Florida Game and Freshwater Fish Commission, advising of complaints of commercial fishing activities in South Lake, and requesting to be informed on the outcome of any investigation. Motion carried and ordered unanimously.

RESOLUTION, RE: RECOGNIZING OFFICIAL DAY FOR OPENING COCOA WEST COMMUNITY LEARNING CENTER

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution recognizing the official opening of Cocoa West Community Learning Center on March 16, 1996. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING JUVENILE JUSTICE WEEK

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt Resolution proclaiming March 25 through 29, 1996, as Juvenile Justice Week in Brevard County. Motion carried and ordered unanimously.

DISCUSSION, RE: STATE v CERVASIO ON NUDITY ORDINANCE VIOLATION

County Attorney Scott Knox requested permission to intervene in the appeal of the State Attorney regarding the State v. Cervasio for violating the Nudity Ordinance. Commissioner Ellis inquired how would the County intervene; with Mr. Knox responding by filing a motion to allow it to intervene. Commissioner Ellis expressed concern of using the County Attorney for criminal proceedings. Mr. Knox stated his Office will primarily defend the Ordinance.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize the County Attorney?s Office to intervene in the State v. Cervasio lawsuit primarily to defend the County?s Nudity Ordinance. Motion carried and ordered unanimously.

RESOLUTION, RE: RECOMMENDING GRAND JURY PROCEEDINGS TAKE PLACE OTHER THAN IN THE COUNTY SEAT

County Manager Tom Jenkins advised he received a request from the Chief Judge which Mr. Knox is not aware of; he received a request from the State Attorney; the Chief Judge has changed his mind or was not aware of the State Attorney?s request; and suggested continuing the item until the next meeting.

County Attorney Scott Knox inquired what the Chief Judge requested; with Mr. Jenkins responding he asked the County take a portion of the law library in Historic Titusville Courthouse and convert it into a grand jury room, because they were going to use the grand jury room at Viera for a judge. Mr. Knox stated if the Board wanted to proceed with the item, there is nothing that would require the Board to use the alternative the legislation may create; all they are doing is creating the alternatives so the Board may have the ability to use Viera Courthouse for grand jury proceedings or the Titusville Courthouse; right now it is stuck with Titusville whether it wants to or not.

Chairman Cook stated the purpose is to allow grand jury proceedings at Viera; and the Board could pass it, as it only gives an option to hold it at Viera or Titusville. He inquired if there was an additional request; with Mr. Jenkins responding he received a written request that the Board make grand jury space available in the Historic Titusville Courthouse, but the point was raised even if the Board passes it, they can have it at any location they choose.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution requesting the Brevard County Legislative Delegation to sponsor an amendment to Section 125.221, Florida Statutes, to allow grand jury proceedings in auxiliary courthouses as well as the County Seat. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: AMENDMENT TO ORDINANCE NO. 95-30, SITE PLAN AND DEVELOPMENT REGULATIONS Commissioner Higgs advised her concern is not with the severing of the land but to be sure in the language that it is understood the site plan that is changed will go through the same land development process if there are changes that are significant and it comes back to the Board. Code Compliance Director John Sternagel responded they can add that language.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant permission to advertise a public hearing to consider an ordinance amending Ordinance No. 95-30, Site Plan and Development Regulations, subject to additional language requiring the same process for approval of a site plan if the severance substantially deviates from the approved site plan.

Code Compliance Engineer Mahmoud Najda advised commercial and industrial site plans do not come to the Board for approval and are approved on the staff level.

Commissioner Higgs stated the original intent is the same process for approval of the site plan that same process be continued if the site plan is amended. Mr. Najda stated currently any time an approved site plan is altered, when it goes to the Building Department, it has to make sure it is the exact same site plan that was approved or they would not get a building permit; and in that regard it has to come back for an amendment and has to go through the same process again. Commissioner Higgs stated some site plans, by Board action at zoning hearings, had to come back for public hearings; and those in that category would still need to come back through the same process. Mr. Najda stated for zoning purposes he agrees. County Attorney Scott Knox advised there are some site plans that have binding development plans associated with them and those come back to the Board.

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

AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION, RE: SR 520 LANDSCAPING PROJECT

Commissioner Scarborough questioned where the funds would come from for landscaping SR 520, and if Countywide funds would be used for state roads or if it would come from MSTU funds rather than Fund 1420. Public Works Director Henry Minneboo advised they will not use Fund 1420, and that is one thing they want to look at. Commissioner Higgs inquired what fund will be used; with Mr. Minneboo responding they would have to review and discuss that. Chairman Cook suggested deferring this item to determine where the funds will come from.

Chairman Cook stated in the future, a real effort needs to be made to landscape with low maintenance materials.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to table the Agreement with Florida Department of Transportation for SR 520 landscaping project until March 26, 1996. Motion carried and ordered unanimously.

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

Richard Lacey, 3158 Forest Breezeway, St. Cloud, advised he is employed with Auchter Industrial Vacuum Service out of Melbourne; he is a supervisor for the company and was involved with the bid; and he felt there were discrepancies and situations that evolved from the beginning of the bid process to the end. He stated he has a list of items in his view that were unfair practices; and he could read them to the Board or give it a copy to review and ask any questions.

Chairman Cook advised Mr. Lacey to tell the Board what he feels was not properly handled.

Mr. Lacey stated they had a pre-bid meeting on January 4, 1996, at 2:30 p.m.; during the meeting a copy of their bill was passed out as an example of how bills are to be made out and sent to the County; and what they actually gave bidders was the price they charged the County for the service for the past 18 months which made it hard for them to be competitive. He stated on January 11, 1996, at 2:30 p.m. the bids were opened; the bid package required seven complete copies of the bid; Pipeline Sanitation only submitted one copy so it violated the rules of the bid; and Don Whitsun, Committee Chairman said it was okay; and other bidders said he should be eliminated because he should go by the rules of what the bid package states. Mr. Lacey stated the question of credibility of Pipeline was brought up at the meeting, but it was never mentioned again. He stated they went to the point system to eliminate the bids from nine to three; Auchter was one of the three finalists; before the meeting started, the owner of Pipeline gave the committee members a note; all the members read it and said it should not have been given to them because it was not part of the original bid package and they cannot accept the information, but they all read it; and whether it had an impact he does not know because he did not get a copy of the note to review. He advised the meeting had to be continued because Mr. Jones had to go to another meeting; one bidder did not show at the next meeting, so he was there with Pipeline Sanitation; and Mr. Jones misled other members during their presentation of their cleaning process because he said it was not necessary, yet the bid package specifically described thorough cleaning of all inlets, boxes, etc. Mr. Lacey advised Mr. Jones? comments led the committee to believe it could get more boxes cleaned, and they were not given the opportunity to rebut the comments. He inquired how many members voted on who would be recommended for the contract and if Don Whitsun was one of the voters.

Chairman Cook inquired what was the note from the vendor about; with Surface Water Improvement Director Ron Jones responding it made comments to the ability and type of equipment and the trial period of 30 days; during the meeting, it was clearly discussed; all committee members acknowledged that it would have no bearing on the selection; and it was not just a bid, but a request for proposals.

Mr. Lacey advised the liaison does not vote, and he wanted to make sure that vote was not cast. Commissioner Ellis advised there were three scores. Mr. Lacey stated the rating difference was one percentage point; Auchter works in the County; has its office and equipment in the County; and Pipeline is not from Brevard County. He stated with Auchter doing the work, the County will save more money in the long run because the funds will stay in the County; their expenditures, operating costs, taxes, and wages will stay in the County; and they have done the job for 18 months and have yet to get one negative comment, so he assumes they did a good job for the County and would like to continue to do that whether it be on a full-time or part-time basis. He stated if there is work available in the County, they would like to be able to do some of it.

Chairman Cook advised the Agenda Report indicates a $120 per day savings over the existing contract; and inquired if the County will get the same level of service; with Mr. Jones responding they did a series of questions in the second phase of the request for proposals and it was indicated, based on the answers received, the County should receive the same level of service.

Commissioner Ellis advised the County is buying a truck so the estimated $225,000 would be substantially less once the truck gets on line and the people are trained; with Mr. Jones responding that is correct. Commissioner Ellis stated his concern is, since the County will not be using as much of the service, he does not know what Pipeline?s response will be if it is used once a week or once every other week instead of three to four times a week. He stated he would prefer the contract person be a local supplier of the service; the rates were only one point difference; on the first set Auchter came out first; and it came out barely second on the final rating. He stated it is awarded per day, and the day includes driving one hour up and one hour back to Indian River County.

Commissioner O?Brien stated if Pipeline figures out it will cost them more to run a truck up from Indian River County, it may subcontract to companies that are closer and take its percentage; the low bidder is the low bidder; the complaint about seven copies is not pertinent when dealing with taxpayers? money if the bidder performed substantially most of the things in the bid process; and the bottom line is the dollar amount and capability of providing quality service.

Chairman Cook inquired if Pipeline was notified this would be on the Agenda; with Purchasing Director Jo Malota responding no, because staff did not know there would be problems with the item.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to table award of Proposal #P-5-6-09, Vacuum Truck Services, until March 26, 1996. Motion carried and ordered unanimously.

DISCUSSION, RE: HEALTH INSURANCE REQUEST FOR PROPOSALS DRAFT

Human Resources Director Frank Abbate advised the Request For Proposals (RFP) draft was developed by the 15-member Employee Benefits Advisory Committee that the Board appointed; it spent several weeks reviewing the current program and coming up with items it felt needed to be addressed, and followed the Board?s directives relative to its interests in the group health insurance program; and it is a comprehensive package which addresses medical, prescription drugs, mental health, chemical dependency, and the employee assistance program with a proposed time table. He stated it also emphasizes the Board?s interest about making sure there is representation in all areas of the County for each of the services, and highlights that it will entertain carve-outs of the programs, but will also look at it as a complete package. Mr. Abbate advised pages 6 and 7 of the package outline a variety of items for selection criteria, and bullets under each of those items indicating what would be considered and what would be looked for. He stated it is also packaged in such a way that provides the freedom to any potential vendor to offer anything he or she would be interested in offering, but at the same time requesting a proposal that would also mirror the current program, so they would have a starting point to benchmark relative costs. He stated if they did not do that, it would be virtually impossible to really compare them. Mr. Abbate advised there are also some significant, detailed, in-depth questions in each of the areas to address areas such as how do they pay the providers in their networks, what kind of commitments they have from those providers in terms of people leaving their program, and other probing questions. He advised several members of the Committee are here today for the purpose of observing the Board?s input, so that as it provides additional direction, they can make sure the committee fully takes everything the Board has into account as they continue in this process.

Ann Bailey, 25211 Antler Street, Christmas, Florida, advised she works for the Tax Collector and is concerned about the medical care they receive; good health insurance is very important; and she wants her medical care paid according to the contract with the insurance company, but she and her doctor make the decision on how her medical care would be handled, not the insurance company. She advised of her problems with the present insurance company, its solution by having her change her address from Christmas to her work address because her zip code constitutes her out of the area, which was not a problem until all her deductibles were met, the rudeness of the claims office in Jacksonville, and the delay in payments to her doctors. She requested the Board be careful in selecting a new insurance company because it is important to employees.

Mr. Abbate advised he became aware of the situation about a week and a half ago; since then, his staff asked for documentation and has been involved in meetings trying to resolve any outstanding issues; and they also agree to get a Humana Service Representative to meet with staff and employees to resolve outstanding issues.

Commissioner Scarborough advised he faxed an article called, ?Ten Things Your HMO Won?t Tell You,? to each Commissioner; and gave copies of something from U.S. News and World Report to each Commissioner. He stated the country is trying to address the rising cost of health care by using managed care; with anything new, sometimes everything does not work to begin with; but the article talks about the inability to get appointments, the amount of waiting time, how much money is moved out of a community by an HMO, is the money being spent on health care or going to corporate headquarters, and a practice of paying bonuses to doctors who have lower referral rates. He stated the concept of capitation penalizes and reduces a doctor?s money in other cases where he does referrals; and there are guidelines for denial of referrals to specialists that could harm a person. Commissioner Scarborough advised questions suggested to be asked are: (1) How many patients have dropped out of the plan over the past year; (2) are doctors paid on capitation; (3) how good are the doctors; and (4) what type of network do they have? He stated Holmes was only kept because of employees opting for PPO, which meant HMO was not available there; North Brevard has a limited network; and Cape Canaveral Hospital was dropped entirely in Central Brevard. He recommended the questions be specific enough and more questions be added as to how does the plan provide for all four hospitals; what assurance does the County have of a good network throughout the County; do they have any disincentive for doctors making referrals to specialists; do they mind having penalties for failure to meet certain guarantees, such as getting people into a doctor on time, and what assurance will the County have that it has quality physicians in all areas.

Commissioner Ellis advised the program was set up with the idea of HMO and PPO; the PPO was a continuation of what was provided under Gallagher Bassett, and the HMO was not to provide the same service level, but to provide affordable coverage for families because an HMO plan was better than nothing; that is why the HMO was set up; however, employees had the option of HMO versus PPO. He stated if HMO does not provide service, it will not have customers and people will go under the PPO system.

Commissioner Scarborough stated a lot of employees would not know if their treating doctor is being paid not to refer them to a specialist; the County provides a paycheck, but if the employee has a medical crisis, it could be more important to have good medical care than a paycheck; there are things occurring in recent publications; and it would be prudent to phrase the RFP to make sure it will have a plan that will work for the County.

Chairman Cook advised he would like to see the questions raised by Commissioner Scarborough included in the RFP, because if someone chooses HMO, he should know what incentives the doctors have in regard to their health care. Commissioner Higgs inquired if the questions will be included in the RFP; with Commissioner Scarborough responding it would be better for each Commissioner to have an opportunity to come up with questions to alter the RFP and let the Committee review those and come back to the Board. Commissioner Higgs inquired if most of the questions brought up are dealt with in the RFP; with Mr. Abbate responding several of them are, but not all. He stated the one that is paramount is the provider network in terms of requirements the County wants to set out on the front end that each of the four hospitals must be in an HMO and a PPO when proposed; and the current draft does not say that. He stated they indicate the vendors can bid but if they do not cover all the areas, the County reserves the right to have another product to cover the areas it is not serving; but it could modify that and say they cannot bid unless they cover all four hospitals.

Commissioner Higgs inquired when does the current contract expire; with Mr. Abbate responding December, 1996. Commissioner Higgs suggested the Board send it back to the Committee and Commissioners send their questions to the Committee for consideration.

Commissioner Scarborough stated if a vendor has South Brevard with Holmes Regional, it could be acceptable if it dovetails with another provider for the remainder of the County. He stated he does not have a problem with that, but he wants to make sure there are no gaps because there are employees all over the County. Mr. Abbate advised they could word it so that if they want to offer an HMO that covers two areas of the County, they can submit the proposal and have a partnership with someone who will cover the other areas.

Commissioner O?Brien advised his major concern is Cape Canaveral being locked out of the deal; the Board cannot allow that to occur because there are a number of employees who live on Merritt Island, Cape Canaveral, Cocoa Beach, and in that area; the decreased revenues to Cape Canaveral Hospital caused by the County?s contract could push it back on the tax rolls; and those people would have to pay taxes to support the hospital. He stated if Cape Canaveral Hospital is out of the deal, it subjects the population in that area to paying taxes again to support the hospital; all employees should have access to all public hospitals in the County; and to deny access to any one is insane.

Commissioner Ellis stated the hospitals, doctors, insurance companies, and everyone on the chain need to get their costs in line; he was in the hospital for five hours and was billed for $4,500 for outpatient surgery, which did not include other costs. He repeated the reasons for HMO, noting it is better to take a child to another area of the County than not to be able to take him anywhere. He recommended the plan not force employees into HMO and give them an option. Commissioner O?Brien advised Parrish and Wuesthoff are trying to form their own HMO and Holmes and Cape Canaveral are trying to do the same; and he does not want to go to Holmes for health care when there is a hospital four miles from his home.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to refer the Health Insurance Request for Proposals draft back to the Employee Benefits Advisory Committee; and instruct Commissioners to send questions and suggestions directly to the Committee. Motion carried and ordered unanimously.

Mr. Abbate requested the questions be sent within two weeks.

Commissioner O?Brien mentioned problems with delays in paying doctor bills and recommended performance guarantees on that issue; with Mr. Abbate responding the Committee will ensure it is in the RFP.

PERSONAL APPEARANCE - LOUIS MOREHEAD, RE: SALE OF PROPERTY TO THE COUNTY FOR DRAINAGE RIGHT-OF-WAY

Louis Morehead III, 3745 Kings Highway, Cocoa, provided a report to the Board; and read a letter to the Chairman about his efforts to conclude the transaction, indicating he experienced bureaucratic hardships, unreasonable delays, numerous problems, and unwarranted stress because of Brevard County?s procrastination. He stated the report includes copies of officially recorded documents showing acquisitions by the County of property from Roger Molitor for stormwater drainage, and other transactions relating to stormwater drainage uses in Port St. John, dates, ORB and PG numbers, sizes of the parcels, prices, and square footage prices. Mr. Morehead advised of a purchase from Roger Molitor at $6.26 per square foot for 6,032 square feet, and another purchase at $3.05 per square foot for .88 acre; therefore, there is precedent value in stormwater drainage easements. He requested the Board purchase his land as a stormwater drainage easement and/or fee simple sale, using the precedent value at which he sold Mr. Molitor an easement, of $1.42 per square foot for 99,682 square feet, or dollar value of $141,548.44. He requested the Board review the appraisal and Exhibits contained in the report, and go forward with the purchase of his property.

Commissioner Scarborough recommended a ten-minute break so staff can review the report presented by Mr. Morehead.

Mr. Morehead requested the item not be tabled and a decision be made. Commissioner Ellis stated he cannot support paying $60,000 an acre for that property.

The meeting recessed at 2:48 p.m. and reconvened at 3:04 p.m.

Public Works Director Henry Minneboo advised the County surveyor, on three occasions, tried to contact Mr. Morehead regarding his problem; in his 30 years with the County, he has never acquired a drainage ditch fee simple; and he does not know of anyone under his jurisdiction who has done that. He stated they spent money to obtain the information; and the appraiser is here today. He noted documents presented outline transactions with John Henry Jones and other individuals including Roger Molitor; that transaction dealt with the drainage outfall for Fay Boulevard widening; and no part of that portion of right-of-way dealt with drainage except the land acquired for the retention pond. He stated the County had nothing to do with the Roger Molitor and Mr. Morehead transaction. Mr. Minneboo indicated if the County were to buy land as an easement, it would stand a chance of getting it for about 10% of the appraised value; so if Mr. Morehead?s property is available for an easement, the Board should address it as an easement and nothing more.

Chairman Cook inquired why only 10% as an easement; with Mr. Minneboo responding because the County would not actually acquire the land, but utilize it for drainage, utilities, etc.

Commissioner Scarborough requested the Board hear from the appraiser.

Chairman Cook advised the parcel appears on the tax rolls assessed at a certain value; Mr. Houha?s value in his appraisal seems to be significantly under that; and inquired if he can address it. Robert Houha advised the assessment is for the entire ownership of a large tract of land with a 70-foot wide strip on the south side; and there is no way to split out the assessment for just that south portion. Chairman Cook inquired what Mr. Houha said the property was worth, does it meet the values of properties in the area, and is it a fair assessed value; with Mr. Houha responding he did not bring the report with him. Mr. Houha stated his conclusion is that the fee simple value of the unencumbered portion of the canal is $15,000, and the flowage easement interest would be a token value of $500. He stated the property is a quarter of a mile long, 1,300 feet north to south, and 70 feet wide, including 40 feet as a drainage canal; and if someone bought just that portion, there would be no utility left for the other 30 feet, so they should buy the whole thing. He advised the appraisal was prepared under the Uniform Standards of Professional Appraisal Practice; and it is his opinion of the fair market value, using the definition of value accepted by the State of Florida. Chairman Cook inquired if the property on the tax rolls is a larger portion than what was assessed in the appraisal; with Mr. Houha responding yes, the parent tract is 6.29 acres and the 70-foot wide strip is 2.29 acres, so the assessment on the tax rolls covers the whole ownership.

Commissioner Scarborough asked Mr. Houha to comment on Mr. Morehead?s report regarding the basis for $141,000 purchase price; with Mr. Houha responding it is not correct, because he said $15,000. Commissioner Scarborough inquired if Mr. Houha wants to re-examine his thoughts after looking at the report; with Mr. Houha responding the main problem an appraiser has, under the definition of arms length value exchange, is they are not allowed to utilize sales to governmental agencies that have the power of eminent domain because they are not arms length values; therefore, an appraiser would not insert sales to cities, counties, state, or federal agencies because they are not willing buyer/willing seller; so he would not have considered those transactions.

Mr. Morehead advised he would like to respond to Mr. Minneboo?s comment regarding the County not having any involvement with Mr. Molitor by reading excerpts from a letter dated January 29, 1996 to Mr. Jenkins. He read the letter advising of encroachment/excavation to his property by Romar Homes, Inc. for a stormwater retention outlet for 100 Acre Woods, Unit 2, because of an oversight by the County or something that was approved because the County assumed his property was a dedicated drainage easement; that County staff made recommendations to Mr. Molitor if he used his property for drainage purposes, he obtain an easement or purchase his property; and a non-exclusive easement was sold to Romar Homes, Inc. for the sole purpose of stormwater drainage which has no bearing or effect relating to the County?s purchase because the easement states, ?This easement shall run with the land and shall enure to the benefit of the parties hereto, their heirs and successors.? Mr. Morehead stated as to Mr. Houha?s comment that there is not a breakout on the ditch, on the comment panels of the Property Appraiser?s records, there could be a breakout of the ditch as far as an assessed value; and there was a letter provided on January 23, 1996 to the Board regarding Agenda Item VI.E.7. that clearly stated the assessed value of the parcel of land that was offered to the County.

Commissioner Scarborough inquired what was the assessed value of the ditch; with Mr. Morehead responding on the previous Agenda Item, and the letter dated January 23, the assessor shows a $19,765 assessment on the ditch alone which is 2.29 acres. He stated the entire parcel is 6.29 acres, and the drainage ditch is 2.29 acres of that 6.29 acres.

Discussion ensued on the assessed value of the drainage ditch, easement purchase, and residential lots purchased on Albin Street for retention area.

Surface Water Improvement Director Ron Jones advised some of the particulars listed in terms of acquisitions that have occurred, specifically seven residential lots on Albin Street in Port St. John, those are buildable lots; they were purchased for construction of a retention area because they were adjacent to a canal; and that is different than purchase of a canal at a certain width, which has a bearing on the value of the property.

Mr. Morehead stated he enclosed copies of each Deed recorded on the Albin Street properties which state, ?This property is for drainage right-of-way use.? Mr. Jones stated that is fee ownership of the property in a platted subdivision. Mr. Morehead stated Mr. Minneboo said the County does not buy drainage easements fee simple; with Mr. Minneboo responding he said he has never bought an easement that is an existing ditch in the 30 years he has been with the County.

Commissioner Scarborough advised the drainage ditch has to remain an easement since rights were sold to a private individual; it is not the same as a single-family developable lot; and the Board should purchase the drainage easement, whether or not $500 is the price it wants to pay. He stated there is a discrepancy between the $19,750 and the $15,000; Mr. Minneboo said the County never pays more than 10% of assessed value for easements; and $1,500 is a higher figure than $500.

Commissioner Higgs inquired if the County needs the drainage easement; with Mr. Minneboo responding he walked it, but in light of what occurred in 1995 during the storms, he is not in a position to make a statement that he needs or does not need that easement; however, there are alternative routes that can be taken. Commissioner Higgs inquired if an agreement cannot be reached, are there other options; with Mr. Minneboo responding there are other options, and Mr. Morehead needs that easement as much as the County does, as some of his property, if developed, would have to drain into the same ditch.

Commissioner Scarborough requested the County Attorney comment on what the County would be purchasing; with County Attorney Scott Knox responding if the Board were to buy an easement over the property, whether it is an existing easement or not, and it had to condemn it, it would not pay $15,000 for it, and would pay something less than that, probably the 10% Mr. Minneboo mentioned. He stated the easement is going to be there; Mr. Molitor owns an easement over part of that property; the only question is whether or not it serves just his property or everyone else up the road; but in terms of cost, he does not see it being more than what Mr. Minneboo suggested.

Discussion continued on the value of the easement and what the County should pay for it.

Mr. Morehead stated the stormwater easement sold to Mr. Molitor is extremely limited in its legal description, as Mr. Molitor?s outfall and easement; if the County Attorney were to review the sales of easements, he would find that easements may be placed over other easements and sold over other easements; and it is a proscriptive non-exclusive easement. He requested the 51-page report concerning these items that he submitted to the Board today be made a part of the official records. Chairman Cook stated it will be part of the public record.

Discussion ensued on whether the County should purchase only the drainage easement, location of the easement, and dedication of a drainage right-of-way by the Plat of Port St. John, Unit 7.

Motion by Commissioner Ellis, to purchase fee simple for full access for maintenance and to resolve the issue at $15,000. Motion died for lack of a second.

Commissioner Scarborough advised there was a purchase by Roger Molitor for $5,000; and inquired if that is the same parcel the Board is discussing; with Mr. Morehead responding it is a portion of the property; it is .08 acre, and he paid $5,000 for 3,500 square feet which equates to $1.42 per square foot. Commissioner Scarborough expressed concern about how many times the same easement can be sold; and suggested subtracting what Mr. Molitor purchased. He asked the County Attorney to explain how many times the same easement can be sold. Mr. Knox advised it is a non-exclusive drainage easement which means other people have the right to use it; so the Board would be buying the right to send public drainage down the same ditch that somebody else?s drainage is already going down; but it should not spend more than 10% of the fee value of the property if it had to go to condemnation because the drainage easement already exists and does not have a tremendous value to a willing purchaser. He noted Mr. Houha could probably give the Board a range, based on traditional appraisal techniques, for handling easements. He stated since it is not an exclusive drainage easement, someone else can buy into the same easement.

Discussion continued on whether or not the County wants to buy the drainage easement and at what price, the sale of part of the easement to Mr. Molitor, and how many times an easement can be sold.

Mr. Morehead advised there is a ditch on the property which would save the County money in not having to excavate a ditch; it would adequately serve the Port St. John area; the water north and south of the property drains into County drainage rights-of-way; and he owns the missing link between the two.

Chairman Cook advised the Board has two assessed values, $15,000 from Mr. Houha and $19,750 from the Property Appraiser?s records; and inquired if the Board wants to take 10% of one of those values and offer that to Mr. Morehead.

Commissioner Higgs advised by not seconding the motion, the Board has stated it does not want to enter into a fee simple purchase; it should direct staff to negotiate with Mr. Morehead on an acceptable price on the easement; and if they get a contract that is reasonable, they can bring it back to the Board; and if it does not work, it does not work.

Motion by Commissioner Higgs, to direct staff to negotiate with Mr. Morehead, and see if there is a price for an easement that may be acceptable. Motion died for lack of a second.

Commissioner Scarborough inquired if Mr. Morehead can block the ditch from the point Mr. Molitor purchased downward. Mr. Morehead read excerpts from Mr. Houha?s appraisal relating to filling the ditch; and inquired who in the Surface Water Department disclosed to Mr. Houha that offsite flooding would be caused by filling the drainage ditch, how was the Department able to make that determination, was a study of the drainage ditch performed to support such a disclosure, and if so, who authorized the study, and did the appraiser attempt to find comparisons of properties that may have had drainage ditches filled in to provide for full utilization of the land.

Chairman Cook advised the Board can dispose of this issue today; it could use Mr. Houha?s appraisal and take Mr. Minneboo?s 10% of that appraisal, if agreeable, and go forward; or it could take the Appraiser?s value if it wants to obtain the easement for drainage purposes. He indicated he does not want to spend any more staff time on this issue; and recommended someone make an offer so it can move forward.

Mr. Morehead advised he has set a precedent price for the easement by selling a stormwater drainage easement to Mr. Molitor at $1.42 per square foot, and that is his asking price for the property.

Chairman Cook advised the Board is not compelled to accept that price; and he has the right to accept or not accept the offer from the Board. Mr. Morehead inquired if the County went through condemnation, would it have to pay his attorney?s fees; with Chairman Cook responding that would be an additional cost, but that is not where the Board is heading.

Discussion ensued on the appropriate price to purchase the drainage easement.

Motion by Commissioner Higgs, to make an offer to purchase the drainage easement for $500 as suggested by Mr. Houha. Motion died for lack of a second.

Motion by Commissioner Ellis, seconded by Commissioner O?Brien, to offer $2,000 for the drainage easement on Louis Morehead?s property.

Chairman Cook advised $2,000 is essentially 10% of the Property Appraiser?s price of $19,750. Mr. Jones advised $19,750 is the value of the entire 70-foot parcel; and inquired if the drainage easement will be over the entire 70 feet or just the area of the ditch plus a right-of-way for maintenance. Chairman Cook inquired what is the maker of the motion?s intent; with Commissioner Ellis responding over the ditch. Commissioner Higgs stated the appraisal is $15,000 and there is no reason to pay over that; with Commissioner Ellis responding $2,000 is significantly less than $15,000. Discussion continued on the price, amount of property to be purchased, value of the ditch, location of Mr. Morehead?s property.

Mr. Morehead commented on Exhibit A showing purchases and the purchase prices for drainage rights-of-way ranging from $2.94 per square foot to $0.64 per square foot; and inquired why the Board wants to offer him $2,000 when it has paid more for retention areas and stormwater drainage easements in the Port St. John area. He stated he has established a price of $1.42 per square foot and is willing to entertain reduction of 3,500 square feet which was purchased by Mr. Molitor.

Commissioner Scarborough advised Mr. Houha said buying the drainage easement renders the remaining property useless; with Mr. Knox responding that is to buy the fee simple title, but he is not sure why the County would pay for property that has a ditch running through the middle of it. He stated if the County were to buy a piece of property that was filled in and usable, it could pay about $15,000 based upon the $19,000 pro-rated value of the same property and the Property Appraiser?s $59,000 value for the whole piece; but he does not know where the value of buying a ditch equates to the value of buying a piece of property that is filled.

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

Chairman Cook passed the gavel and made a motion to pay 10% of the appraised value which the appraiser established at $15,000. Commissioner Higgs seconded the motion.

Commissioner Scarborough stated he is still at a lost of what the extent of the taking is from the comments made today; and before the Board proceeds, it should ask Mr. Morehead if he is interested in it. Chairman Cook stated Mr. Morehead has the option to reject it if the motion passes.

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

Chairman Cook advised Mr. Morehead he can consider it and let the County Manager know if it is acceptable.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Chairman Cook advised there are still a lot of Federal Express bills from Holland and Knight; and he thought the County Attorney was going to work out something on that. County Attorney Scott Knox responded he sent a letter to Holland and Knight to use computer technology to transfer documents between the offices; he has confirmed they can do that; but they need to upgrade some hardware and software; and they are in the process of doing that now.

Chairman Cook advised apparently at the Detention Center a console was lost because somebody spilled a cup of coffee on it; and it has to be replaced at a cost of more than $4,000; it was a communications panel at the work station; under self-insurance, the County pays for it; and he does not know why someone would be drinking coffee on a panel like this if there is a potential of destroying the entire panel if it is spilled. Commissioner Ellis stated no drinks, food, or smoking were allowed in the computer room he worked in. Chairman Cook stated he cannot imagine, with this type of sensitive equipment, why any sort of drinks would be allowed; and recommended the County Manager get a response from the Sheriff?s Office and find out if steps have been taken to make sure something like this does not recur.

Commissioner O?Brien stated they should not be allowed to eat there also, because crumbs get down into the machine and cockroaches get in there and short the wires out.

Chairman Cook stated if they need a break, they should take one because it is a large expenditure for something that is preventable.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve bills and budget transfers; and direct the County Manager to check on the coffee damage to the panel at the Detention Center. Motion carried and ordered unanimously.

Upon motion and vote, the meeting adjourned at 4:07 p.m.

ATTEST:

MARK COOK, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

SANDY CRAWFORD, CLERK

(S E A L)