The Board of County Commissioners of Brevard County, Florida, met in regular session on September 30, 1997, at 9:05 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Randy O'Brien, Commissioners Truman Scarborough, Nancy Higgs, Mark Cook, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Father Robert McDonnell, Holy Name of Jesus Catholic Church, Indialantic, Florida.

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

APPROVAL OF MINUTES

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve the Minutes of August 26, 1997 Regular Meeting, September 4, 1997 Special Meeting, and September 9, 1997 Regular Meeting. Motion carried and ordered unanimously.

ANNOUNCEMENT, RE: CHAIRMAN'S BIRTHDAY

County Manager Tom Jenkins announced it is Chairman Randy O'Brien's Birthday.

The Board extended best wishes to Chairman O'Brien.

TEMPORARY CLOSING, RE: VECTORSPACE BOULEVARD FOR ASTRONAUT HALL OF FAME DEDICATION

Commissioner Scarborough requested limiting traffic on Vectorspace Boulevard during the dedication of the Astronaut Hall of Fame.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve temporary closing of Vectorspace Boulevard on October 4, 1997, for the Astronaut Hall of Fame dedication ceremony. Motion carried and ordered unanimously.

PERMISSION TO TRAVEL, RE: FLORIDA WOMEN'S CONFERENCE

Commissioner Voltz requested permission to attend a conference in Tampa with the Commission on the Status of Women.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve travel for Commissioner Voltz to attend the Florida Women's Conference in Tampa, Florida, on October 26 and 27, 1997. Motion carried and ordered unanimously.

REPORT, RE: PARRISH MEDICAL CENTER REFERENDUM

Chairman O'Brien advised he received a message from Assistant County Attorney Kyle King that the law requires the North Brevard Hospital District Board to hold a referendum election on any merger or sale of Parrish Medical Center.

REPORT, RE: TRANSFER OF AUTHORITY TO VICE CHAIRMAN

Chairman O'Brien advised he will be having major surgery on Monday, October 6, 1997; will be in the Hospital for a week; and will be absent from work for approximately four weeks after that; and recommended the authority of the chair be transferred to the Vice Chairman during that period, so she can sign all the documents acted on by the Board.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorize transfer of authority from Chairman Randy O'Brien to Vice Chairman Helen Voltz, effective noon, Friday, October 3, 1997, until the Chairman's return; and direct staff to change all signature blocks on documents to reflect the transfer. Motion carried and ordered unanimously.

Commissioner Higgs recommended the County Manager review the agenda items and hold any of interest to the Chairman until his return.

FINAL PLAT APPROVAL, RE: ISLAND SOUTH SUBDIVISION

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

FINAL PLAT APPROVAL, RE: S & S BOULEVARD SUBDIVISION

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant final plat approval for S & S Boulevard Subdivision, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

CONTRACT WITH FLORIDRON, INC., RE: IMPROVEMENTS IN SOUTH SHORES, PHASE II

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Contract with Floridron, Inc. guaranteeing infrastructure improvements in South Shores, Phase II. Motion carried and ordered unanimously.

INITIAL ASSESSMENT RESOLUTION, RE: SELLERS LANE WATER MSBU

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution ordering the acquisition and construction of assessable improvements consisting of construction of a potable water system including all pertinent facilities, all within the unincorporated area of Brevard County, Florida, District 4, known as the Sellers Lane Water Municipal Service Benefit Unit; providing a description and location of said assessable improvements; establishing a description and location of all real property benefited by said assessable improvements and subject to special assessment for the cost thereof; notice of the Board's intent to impose the assessments; determining real property abutting upon or adjacent to said assessable improvements will be specifically benefited by the construction of said improvements and the portion to be assessed against specially benefited abutting or adjacent real property; determining and providing for the manner and method of computing such special assessments; providing for the publication of this resolution; and providing an effective date. Motion carried and ordered unanimously.

RESOLUTION AND EASEMENT TO CITY OF MELBOURNE, RE: WATER MAIN FOR NORTH MELBOURNE ELEMENTARY SCHOOL

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution and execute Easement to City of Melbourne for installation of a water main in Section 36, Township 26S., Range 36E. to service the proposed North Melbourne Elementary School. Motion carried and ordered unanimously.

RESOLUTION AND MAINTENANCE MAP, RE: DECLARING PORTIONS OF ARCH ROAD AND PANTHER LANE AS DEDICATED PUBLIC ROADS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution and approve Maintenance Map declaring portions of Arch Road and Panther Lane as dedicated public roads. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1, RELEASE OF RETAINAGE, AND FINAL PAYMENT TO COMMERCIAL FENCE CONTRACTORS, RE: DETENTION CENTER SECURITY FENCING UPGRADES

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Change Order No. 1 to Agreement with Commercial Fence Contractors, for Detention Center Security Fence Upgrades, increasing contract price by $1,814.11; and approve release of retainage and final payment to the contractor. Motion carried and ordered unanimously.

APPROVAL OF FY 1997-98 OPEN PURCHASE ORDER WITH BREVARD CULTURAL ALLIANCE, RE: OFFICE OF TOURISM AND TDC CULTURAL EVENTS EXPENDITURES

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve open purchase order with Brevard Cultural Alliance for Office of Tourism and TDC Cultural Events expenditures for FY 1997-98 in the amount of $106,214. Motion carried and ordered unanimously.

AGREEMENT WITH CROSSWINDS YOUTH SERVICES, INC., RE: SHELTER, PREVENTION AND AFTERCARE SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with Crosswinds Youth Services, Inc. to provide shelter, prevention and aftercare services from October 1, 1997 to September 30, 1998, in the amount of $15,000. Motion carried and ordered unanimously.

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

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with Crisis Services of Brevard, Inc. to provide intervention, support, information and referral services from October 1, 1997 through September 30, 1998, in the amount of $10,000. Motion carried and ordered unanimously.

AGREEMENT WITH CENTRAL BREVARD SHARING CENTER, INC., RE: FAMILY SHELTER SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with Central Brevard Sharing Center, Inc. to provide family shelter services from October 1, 1997 through September 30, 1998, in the amount of $12,000. Motion carried and ordered unanimously.

AGREEMENT WITH COMMUNITY SERVICES COUNCIL, RE: SENIORS AND DISABLED ADULT PROGRAMS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with Community Services Council, to provide Seniors and Disabled Adult Programs from October 1, 1997 through September 30, 1998, for a total amount of $140,000. Motion carried and ordered unanimously.

AGREEMENT WITH SALVATION ARMY, RE: EMERGENCY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with Salvation Army to provide emergency shelter for victims of domestic violence from October 1, 1997 through September 30, 1998, in the amount of $25,000. Motion carried and ordered unanimously.

AGREEMENT WITH ALCO-REST, INC., RE: SUBSTANCE ABUSE COUNSELING SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with Alco-Rest, Inc. to provide substance abuse counseling services from October 1, 1997 through September 30, 1998, in the amount of $18,000. Motion carried and ordered unanimously.

AGREEMENT WITH BIG BROTHERS AND BIG SISTERS OF BREVARD, INC., RE: MATCHED ADULT COMPANIONSHIP FOR AT RISK CHILDREN

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with Big Brothers and Big Sisters of Brevard, Inc. to provide matched adult companionship for at-risk children from October 1, 1997 through September 30, 1998, in the amount of $12,000. Motion carried and ordered unanimously.

AGREEMENT WITH SOUTH BREVARD WOMEN'S CENTER, RE: COUNSELING SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with South Brevard Women's Center, to provide individual, family, and group counseling services from October 1, 1997 through September 30, 1998, in the amount of $4,000. Motion carried and ordered unanimously.

AGREEMENT WITH FAMILY COUNSELING CENTER, INC., RE: COUNSELING SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with Family Counseling Center, Inc. to provide counseling services from October 1, 1997 through September 30, 1998, in the amount of $30,000. Motion carried and ordered unanimously.

AGREEMENT WITH BREVARD ACHIEVEMENT CENTER, INC., RE: DISABLED CITIZENS TRAINING, SUPPORT, AND EMPLOYMENT SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with Brevard Achievement Center, Inc. to provide disabled citizens training, support, and employment services, from October 1, 1997 through September 30, 1998, in the amount of $32,000. Motion carried and ordered unanimously.

AGREEMENT WITH VIETNAM VETERANS OF BREVARD, INC., RE: ADMINISTRATIVE SUPPORT, SOCIAL SERVICES, AND REFERRAL SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with Vietnam Veterans of Brevard, Inc. to provide administrative support, social services, and referral services for veterans from October 1, 1997 through September 30, 1998, in the amount of $5,000. Motion carried and ordered unanimously.

AGREEMENT WITH BREVARD ALZHEIMER'S FOUNDATION, INC., RE: ELDERLY SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with Brevard Alzheimer's Foundation, Inc. to provide elderly services from October 1, 1997 through September 30, 1998 in the amount of $25,000. Motion carried and ordered unanimously.

AGREEMENT WITH JANCY PET BURIAL SERVICE, RE: PICK-UP AND DISPOSAL OF ANIMAL CARCASSES

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with Jancy Pet Burial Service to provide pick-up and disposal of animal carcasses services from the North and South Brevard Animal Shelters, Central Brevard Humane Society, Brevard County Animal Control Office, and Florida Aid to Animals, from October 1, 1997 through September 30, 1998, in the amount of $43,800. Motion carried and ordered unanimously.

FLORINET GRANT AGREEMENT WITH DEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES, RE: MIMS/SCOTTSMOOR LIBRARY

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute FloriNet Grant Agreement with Department of State, Division of Library and Information Services, for a $10,900 grant to connect the Mims/Scottsmoor Library to the Library Automation System and Internet. Motion carried and ordered unanimously.

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

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution and execute Lease Agreement with Child Care Association of Brevard County, for use of Cuyler Community Center in Mims from October 1, 1997 through September 30, 1998 at a cost of $350 a month. Motion carried and ordered unanimously.

RESOLUTION AND LEASE AGREEMENT WITH SPACE COAST CHAPTER OF THE NATIONAL TECHNICAL ASSOCIATION, INC., RE: USE OF SYLVAN COMMUNITY CENTER

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution and execute Lease Agreement with Space Coast Chapter of The National Technical Association, Inc. for use of Sylvan Community Center from October 1, 1997 through September 30, 1998, at a cost of $10 a year. Motion carried and ordered unanimously.

AGREEMENT WITH THE CENTER FOR DRUG FREE LIVING, INC., RE: OUTPATIENT TREATMENT FOR COURT ALTERNATIVE DRUG COURT PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with The Center for Drug Free Living, Inc. to provide outpatient treatment for Court Alternative's Drug Court Program from October 1, 1997 through September 30, 1998, in the amount of $55,576, with the Center contributing $13,894. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF MELBOURNE, RE: SCAT BUS SERVICE

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with the City of Melbourne for Space Coast Area Transit (SCAT) to provide bus service in the City of Melbourne from October 1, 1997 through September 30, 1998, in the amount of $26,083. Motion carried and ordered unanimously.

JOINT USE AGREEMENT WITH SCHOOL BOARD, RE: BUS TRANSPORTATION SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Joint Use Agreement with the School Board of Brevard County, for bus transportation services from October 1, 1997 through September 30, 1999. Motion carried and ordered unanimously.

AGREEMENT WITH BAREFOOT BAY HOMEOWNERS ASSOCIATION, RE: TRANSPORTATION SERVICE FOR SENIOR NUTRITIONAL AID PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with Barefoot Bay Homeowners Association for the provision of transportation services for eligible South Mainland area citizens to the Senior Nutritional Aid Program (SNAP), from October 1, 1997 through September 30, 1998, with the County reimbursing the cost of the service at $1.00 per mile up to 25 miles per day. Motion carried and ordered unanimously.

AGREEMENT TO EXTEND EXISTING CONTRACT WITH EASTER SEALS REHABILITATION CENTER, INC., RE: SCAT SERVICE FOR VENTURES IN LIVING PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement to Extend Existing Contract with Easter Seals Rehabilitation Center, Inc. for SCAT to provide transportation services for Ventures in Living clients from October 1, 1997 through November 30, 1997, at $9,550. Motion carried and ordered unanimously.

CONTRACT WITH DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: 1997-98 STORAGE TANK SYSTEM COMPLIANCE

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Contract with Florida Department of Environmental Protection for the 1997-98 Storage Tank System Compliance to inspect petroleum storage facilities. Motion carried and ordered unanimously.

FIRST AMENDMENT TO AGREEMENT WITH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, RE: FLORIDA YARDS AND NEIGHBORHOODS PROGRAM GRANT

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute First Amendment to Agreement with St. Johns River Water Management District for the Florida Yards and Neighborhoods Program Grant, extending the period from September 30 to October 31, 1997, and reallocate grant funds received. Motion carried and ordered unanimously.

APPROVAL, RE: AVIATION INSURANCE FOR FY 1997-98

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve aviation insurance for Mosquito Control aircraft and operations at $86,184 and for Valkaria Airport at $1,975, effective October 1, 1997, as obtained by Aviation Insurance Agency, Inc.; and authorize the Chairman to sign the applications. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING JAMES E. CHANDLER

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution commending James E. Chandler for 24 years of outstanding service to Brevard County, and wishing him a happy retirement. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING MICHAEL KRATOCHVIL

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution commending Michael Kratochvil for 18 years of outstanding service to Brevard County, and wishing him a happy retirement. Motion carried and ordered unanimously.

AGREEMENT WITH DEPARTMENT OF COMMUNITY AFFAIRS AND BUDGET CHANGE REQUEST, RE: EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE GRANT FOR FY 1997-98

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with Department of Community Affairs, Division of Emergency Management for Emergency Management Preparedness and Assistance Grant of $95,936 for FY 1997-98; approve Budget Change Request; and name Robert S. Lay, Emergency Management Director, as the authorized agent for Brevard County. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY, RE: RADIOLOGICAL EMERGENCY PREPAREDNESS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with Florida Power & Light Company for the FY 1997-98 Radiological Emergency Preparedness Grant of $22,128.00. Motion carried and ordered unanimously.

APPROVAL OF GRANT APPLICATION TO DEPARTMENT OF TRANSPORTATION, RE: SHERIFF'S OFFICE DUI ENFORCEMENT EXPANSION PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute application to Florida Department of Transportation for Highway Safety Subgrant to purchase 30 in-car video systems and 40 breath test devices for the Sheriff's Department. Motion carried and ordered unanimously.

RENEWAL AGREEMENT WITH TAX COLLECTOR, RE: UNIFORM NON-AD VALOREM ASSESSMENTS COLLECTION

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Renewal Agreement with the Tax Collector to use the uniform method of levying and collecting non-ad valorem assessments for FY 1997-98. Motion carried and ordered unanimously.

RENEWAL AGREEMENT WITH PROPERTY APPRAISER, RE: UNIFORM NON-AD VALOREM ASSESSMENTS LEVY

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Renewal Agreement with the Property Appraiser to use uniform non-ad valorem assessments levy for FY 1997-98. Motion carried and ordered unanimously.

APPOINTMENT/REAPPOINTMENT, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to appoint William Ellis, P. O. Box 267, Cape Canaveral, Florida 32920, to the Tourist Development Council, replacing Yvonne Bixby, with term expiring October 7, 2001. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the bills as submitted. Motion carried and ordered unanimously.

APPROVAL, RE: COUNTY FAIR SUPPORT

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize the County to support the County Fair with offsite traffic control items, loan of concrete barricades, use of equipment on site at the employees' picnic, and road grading if necessary, with the Fair reimbursing the County for costs incurred for road grading. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN MELBOURNE HEIGHTS, SECTIONS B AND C - BREVARD COUNTY

Chairman O'Brien called for the public hearing to consider a resolution vacating rights-of-way in Melbourne Heights, Sections B and C, as petitioned by Brevard County Board of County Commissioners.

Surveyor Beverly Sutphin requested the public hearing be continued for a month to allow staff to respond to comments received.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to continue the public hearing on a resolution vacating rights-of-way in Melbourne Heights, Sections B and C, as petitioned by Brevard County Board of County Commissioners until October 28, 1997. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY AND PUBLIC UTILITIES AND DRAINAGE EASEMENT IN VIERA, TRACTS SS AND RR, AND VIERA SOUTH PUD, TRACTS MM AND QQ - THE VIERA COMPANY

Chairman O'Brien called for the public hearing to consider a resolution vacating a right-of-way and public utilities and drainage easement in Viera, Tracts SS and RR, and Viera South PUD, Tracts MM and QQ, as petitioned by The Viera Company.

Surveyor Beverly Sutphin advised the petition has been withdrawn at the request of the applicant. The Board accepted withdrawal of the petition to vacate a right-of-way and easement in Viera, Tracts SS and RR, and Viera South, Tracts MM and QQ as petitioned by The Viera Company.

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD VALOREM EXEMPTION TO BRAID SALES & MARKETING, INC.

Chairman O'Brien called for the public hearing to consider an ordinance granting economic development ad valorem exemption to Braid Sales & Marketing, Inc.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Ordinance granting an economic development ad valorem exemption to Braid Sales & Marketing, Inc.; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of Florida Statutes 196.012(16); providing for proof of eligibility for exemption; providing for an annual report by Braid Sales & Marketing, Inc.; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD VALOREM EXEMPTION TO NORTHROP GRUMMAN

Chairman O'Brien called for the public hearing to consider an ordinance granting economic development ad valorem exemption to Northrop Grumman.

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Cook, to adopt Ordinance granting economic development ad valorem exemption to Northrop Grumman; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of Florida Statutes 196.012(16); providing for proof of eligibility for exemption; providing for an annual report by Northrop Grumman; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PART OF OLD DIXIE HIGHWAY RIGHT-OF-WAY - DICK WIEBELT

Chairman O'Brien called for the public hearing to consider a resolution vacating part of Old Dixie Highway right-of-way as petitioned by Dick Wiebelt.

Commissioner Cook advised there was a concern, but attempts to contact the individual was not successful. Surveyor Beverly Sutphin advised the individual has legal access to his property. Commissioner Cook stated the Agenda Report says the property is located in Melbourne, so why is the Board vacating it; with Ms. Sutphin responding Melbourne is used as a location, but the property is in the unincorporated area.

There being no further comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution vacating part of Old Dixie Highway right-of-way as petitioned by Dick Wiebelt. Motion carried and ordered unanimously.

DISCUSSION, RE: AMERICAN HERITAGE RIVERS INITIATIVE, AND COMMENTS TO ST. JOHNS RIVER WATER MANAGEMENT DISTRICT

Environmental Services Administrator Stephen Peffer advised the Board wanted to discuss the item prior to the St. Johns River Water Management District hearing it; the District has postponed it until November; so the Board can table the item if it desires.

Neal Ridenour, representing the Air and Power Boat Association, Pat Poole, Agnes Brogan, Leroy Wright representing SAVE The St. Johns and Florida Wildlife Federation, and Greg Ridenour spoke in support of the American Heritage Rivers designation with no new federal regulations and no denial of public access. Lillian Banks and James French spoke in opposition to the designation.

Commissioner Cook advised the Florida Wildlife Federation recommends support contingent upon the river not being regulated or public access prohibited; and the County can withdraw if it wants to.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorize the Chairman to write a letter to the Governor and Cabinet recommending nomination of St. Johns River as an American Heritage River provided it does not entail any additional regulations of the River and users and does not prohibit public access.

Commissioner Voltz presented copies of the Committee Meeting minutes in Washington; mentioned an amendment by the Senator from Arkansas supporting the right of property ownership; and stated the Executive Order does not guarantee the right to say yes or no so she cannot support the motion. Commissioners Higgs and Scarborough supported the motion, noted there is risk, but indicated federal support is needed. Chairman O'Brien recommended waiting three to five years, and contacting people along the Mississippi River to inquire if it has helped them; and noted he could not support the motion.

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

The meeting recessed at 10:16 a.m., and reconvened at 10:35 a.m.

PERSONAL APPEARANCE - VIVIAN ZARICKI, EXECUTIVE DIRECTOR, FLORIDA ASSOCIATION OF COUNTIES, RE: MERITS OF MEMBERSHIP IN FLORIDA ASSOCIATION OF COUNTIES

Vivian Zaricki, Executive Director of Florida Association of Counties, advised the Association is dues supported; dues pay for 45% of the costs; Brevard County pays $31,600 a year in dues; and it is an excellent value because the Association is present in many areas. She advised the Association represents all 67 counties; it does not give money to candidates and does not give endorsements; its principal is government closest to the people is the best; and its goal is to protect counties' authority to make decisions on how they govern themselves, protect home rule, and not allow revenue bases to be eroded by the State. Ms. Zaricki advised counties are their only customers; they have seven experts lobbying in Tallahassee every day; they cannot lobby for special projects or local bills, and the Board would have to have a lobbyist for that, paid or otherwise; but the idea that a lobbyist can cover the areas the Association covers is not supported by facts. She stated they represent the County in a lot of venues; one person cannot cover the County's interests when meetings are going on at the same time; they have a network that is not available through a single lobbyist; and they have access at the highest levels, such as Department Secretaries and the Supreme Court. She noted they work closely with the Florida League of Cities and Florida Chamber of Commerce; they attend all the meetings of taxation boards and commissions; and the Legislature and Governor cannot deal with 67 counties, so they deal with the Association. Ms. Zaricki advised Article V was their top issue last year; it is the first time they were successful in getting funds for those costs; and they are working on Medicaid reimbursements. She stated they have no conflict of interest; and if they have not done their job in communicating with the County, she will make that commitment to the Board.

Chairman O'Brien advised tobacco funds are available to pay counties back for Medicaid and Medicare costs; and it should be kept for people seeking medical relief in the future. Ms. Zaricki advised there is a long line to partake of that money; Brevard County is due $11,000,000; they are meeting with both chairs and are working the issue and will call on the Board to work it also because it is competing against a lot of programs.

Discussion ensued on use of tobacco funds, lottery funds, infrastructure for new schools, Medicare and Medicaid costs.

Chairman O'Brien thanked Ms. Zaricki for addressing the Board.

REQUEST FOR SPEED HUMP, RE: EVERETT STREET

Commissioner Scarborough advised he met with the officers of the Homeowners Association; they have not been able to report back; Port St. John is a large residential neighborhood; and 75% of the residents are required to request the speed hump, but only 68% responded favorably. He requested the item be tabled until the residents tell him they want it.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to table the request for a speed hump on Everett Street until it is brought back by Commissioner Scarborough. Motion carried and ordered unanimously.

DISCUSSION, RE: RIGHT-OF-WAY ACQUISITION/CONDEMNATION FOR MALABAR ROAD WIDENING PROJECT, PHASE II

Public Works Director Henry Minneboo advised the Board authorized quick-take on parcels for Malabar Road, Phase II, and gave staff direction to get counter offers from certain individuals; and staff received five counter offers from John Roschman, Bell South, Vincenzo Petralia et al, Carol Jowers et al, and Alan Thomas, and recommends moving forward on those five offers.

Commissioner Voltz advised there was no counter offer from Mr. Thomas; with Mr. Minneboo responding it was received late last night and is the appraised value of $35,000 plus minor engineering revisions.

Commissioner Cook inquired if Jowers' counter offer is being recommended for approval; with Commissioner Voltz responding she cannot support that offer. Commissioner Cook stated he could not support an offer of $100,000 over the appraised value. Commissioner Higgs advised there are circumstances the Board should hear regarding the Jowers' property.

A staff member advised the Jowers' parcel is one of the retention sites, and one of the few areas remaining for that use; additional modifications to the engineering plans may be required if the Board does not accept the offer; the contract expires today; and staff is concerned the counter offer will increase if not accepted today. Commissioner Cook suggested a counter offer from the County. Staff advised there may be a change in the use of the property which will result in an increase in value, and litigation may make no difference in the actual cost. Commissioner Cook stated before he can vote to pay $100,000 more than the appraised value, he wants a report from the County Attorney telling him why litigation is not going to be successful, and a summary of all the issues brought up today stating why $100,000 increase is the best way to go.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Contract for Sale and Purchase with Vincenzo Petralia, et al, John Roschman, Bell South, and Alan Thomas for parcels required for the Malabar Road Widening Project, Phase II; and authorize the Chairman to sign all documents, including engineering contracts, upon review by the County Attorney. Motion carried and ordered unanimously.

Commissioner Voltz suggested staff review the correspondence it received on the other properties and return to the Board later in the meeting so it can be settled today.

Commissioner Higgs advised the current appraisal on the Jowers' property is based on residential use; the zoning is being changed; and a subsequent appraisal could have a different price for that property. She stated she does not want to pay that much for it, but do not want to pay more if the rezoning goes forward; and recommended the County Attorney explain the potential of paying more for the property.

County Attorney Scott Knox advised they considered the possibility of rezoning properties up and down that road to commercial uses; they asked Mr. Wagner to re-evaluate the Morin property based on the City of Palm Bay's position that there is a likelihood of rezoning to commercial in that area; and his amount quadrupled. He stated if there is residential zoning now on the Jowers' parcel and possible commercial zoning, the current appraisal will probably increase.

Commissioner Cook stated he would prefer to explore it further and re-address it next week. Commissioner Higgs suggested a counter offer of $200,000 to continue the process as the individual is at least willing to talk with the County. Commissioner Cook stated he could entertain a counter offer and $200,000 is not unreasonable. Mr. Knox suggested the Board ask Mr. Wagner to evaluate the property while it is in the process of making a counter offer. Commissioner Cook suggested waiting until a determination is made whether to accept a counter offer.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to make a counter offer of $200,000 to Carole Jowers et al for property required for Malabar Road Widening, Phase II.

Commissioner Voltz inquired about the acreage; with staff responding two acres, and if the County does not accept the price, it will go up, as they said it is their final offer.

Discussion ensued on the counter offer from Ms. Jowers, past experiences with the courts awarding attorneys' fees in condemnation cases, and need for more information.

Commissioner Voltz withdrew the motion, stating she does not want to hold up Malabar Road improvements for $50,000.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to accept the counter offer from Carole Jowers et al at $250,000 for property required for Malabar Road Widening, Phase II; and authorize the Chairman to execute a Contract for Sale and Purchase with Ms. Jowers.

Commissioner Cook stated he cannot support the motion and needs more information.

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

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to transfer excess funds from Malabar Road, Phase I to Malabar Road, Phase II.

Commissioner Higgs advised when funds were allocated for Malabar Road, it was for the entire project, but the project was later divided into two phases. Mr. Minneboo advised the transfer is about $350,000; and staff would also like to take $285,000 from the Grissom Road account and expect a reimbursement from the City of Melbourne for $125,000 for the Country Club project, which would give them a total of $1,560,000.

Chairman O'Brien expressed concern as Grissom Road funds may be needed in the future if TiCo Airport expands and the road goes around the expansion. Mr. Minneboo stated it is a critical project, and staff wants to ensure it has enough funds to finish it.

Discussion proceeded on the transfer of funds from other road projects, the initial road package, and the east connector to the interchange.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to amend the motion to include transfer of funds from Grissom Road and Country Club projects to Malabar Road Widening, Phase II. Motion carried and ordered unanimously.

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

Commissioner Voltz inquired what will happen with McDonald's, Murrillos', and Morins' parcels; and recommended staff return with appraised values on the Morin property later in the meeting so the Board can vote on it and get the project on its way. Commissioner Higgs stated the project will proceed because of the previous vote to proceed with the quick-take process. Commissioner Voltz inquired how long will it take; with Mr. Knox responding approximately 60 to 90 days after the title work is completed and verified. Commissioner Voltz inquired if construction should start in January, 1998; with Mr. Minneboo responding November and December are not good months to be under construction, and staff would prefer to start in January.

PERSONAL APPEARANCE - JUDGE LAWRENCE JOHNSTON, RE: JUVENILE ASSESSMENT CENTER

Judge Lawrence Johnston advised the Committee he chairs met on several occasions on how to implement the juvenile assessment center project; its primary concern was a site location; the Committee found the facility at Sarno B as the best location; and recommends the Department of Juvenile Justice use it for up to five years, and after that, move to a more central location. He stated the Department would make capital improvements to the building in exchange for the use; and it would enter into an agreement if the Board requests it. Motion by Commissioner Cook, seconded by Commissioner Voltz, to direct staff to prepare a lease with the Juvenile Justice Department for use of Sarno B Complex for a juvenile assessment center; and authorize the Chairman to execute the lease.

Commissioner Scarborough advised Judge Johnston worked with him and Titusville Police Chief Carl Newland on transportation concerns. Judge Johnston advised the Sheriff or Titusville Police will deliver juveniles to Sharpes, and transportation will be provided from Sharpes to Sarno. He noted several companies will donate left over vehicles; and better methods will be set up so they can do most of the functions before transferring to Sarno.

Commissioner Voltz advised she asked the Cities for $5,000 each to pay for transportation and buy vehicles that are needed, and suggested a $3.00 assessment charge on criminal cases to pay for salaries. She noted a fund raiser is planned for May, and they are trying to get everyone involved.

Judge Johnston advised Commissioner Voltz has done a great job.

Chairman O'Brien called for a vote on the motion. Motion carried and ordered unanimously.

CONTRACT WITH FLORIDA DEPARTMENT OF HEALTH, RE: PUBLIC HEALTH SERVICES FOR FY 1997-98

Chairman O'Brien advised he was told the County would save $60,000 a year; the County gets one part now, one four months later, and another six months after that; they are not put together; and inquired what increase in costs has the County faced with the new Public Health Department.

County Manager Tom Jenkins advised the Environmental Health Section was going to be taken and operated under the State Department of Health; now it will stay with the Board; and there are no significant changes in the Contract.

Chairman O'Brien requested a motion to direct staff to return with a report in 30 days on the costs to operate the Environmental Health Section. Mr. Jenkins advised the program is operated by fees generated, and no General Fund dollars are used.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Contract with Florida Department of Health for public health services for FY 1997-98. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct staff to determine what costs are involved with the operation of the Environmental Health Section, and return with a report in 30 days. Motion carried and ordered unanimously.

STAFF DIRECTION, RE: RIGHT-OF-WAY AND DRAINAGE SYSTEMS MAINTENANCE COST-SHARING WITH MUNICIPALITIES FOLLOWING ANNEXATIONS

Commissioner Higgs advised, rather than going to the Delegation to revise the General Law, the County should work with municipalities through agreements which seem to be their preference.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct staff to draft an interlocal agreement with municipalities regarding right-of-way and drainage system maintenance cost-sharing following annexations which can be tailored to suit the unique scenarios present within each municipality, and return to the Board for review and further direction; and that such agreements be brought back to the Board after one year for review. Motion carried and ordered unanimously.

CONTRACT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: 1997-98 SUPER ACT

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Contract with Florida Department of Environmental Protection for 1997-98 SUPER Act programs. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE RFP, APPOINT SELECTION COMMITTEE, SELECT FIRM, AND MAKE AWARD, RE: SOIL REMEDIATION FACILITY AND SERVICES

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to grant permission to advertise a request for proposals for soil remediation facility and services; and appoint County Manager or his designee, Environmental Selection Supervisor, and Solid Waste Management Director to the Selection Committee to select a firm and make a recommendation of award to the Board. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to appoint Commissioner Cook or his designee to the Selection Committee. Motion carried and ordered unanimously.

APPROVAL, RE: PROPERTY, LIABILITY, AND WORKERS' COMPENSATION INSURANCE FOR FY 1998

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve property, liability, and workers' compensation insurance obtained through A. J. Gallagher & Company, effective October 1, 1997. Motion carried and ordered unanimously.

DISCUSSION, RE: 1998 EMPLOYEE/RETIREE CONTRIBUTION RATES FOR COVERAGE UNDER PPO HEALTH INSURANCE PLAN

County Manager Tom Jenkins advised the issue is whether or not the Board desires to increase the employees' contribution for PPO which is a greater charge to the County than HMO. He stated two-thirds of the employees are on HMO.

Commissioner Higgs advised the County pays $244.29 for HMO and $361.05 for PPO; and employees make a choice to be in PPO at an $88.00 difference. She stated employees currently pay $9.00 for PPO to help with the cost; this year there is a rate increase for PPO; it is fair to raise the contribution since it is more costly to the County; and suggested a $6.00 a month increase.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to authorize a $6.00 a month increase in employees' contribution for participation in the PPO Health Insurance Program.

Discussion ensued on percentage increase, cost to employees, reserve funds in the insurance fund, deterioration of doctors pool, enrollment period, affect to Union Agreement, and retirees.

Motion by Commissioner Voltz, to amend the motion not to include retirees. Motion died for lack of a second.

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

The meeting recessed at 12:07 p.m., and reconvened at 1:14 p.m.

CONFIRMATION OF GINO BUTTO, RE: DIRECTOR OF INFORMATION/COMMUNICATIONS SYSTEMS DEPARTMENT

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to confirm the appointment of Gino Butto as the Information/Communications Systems Department Director. Motion carried and ordered unanimously.

The meeting recessed at 1:16 p.m. for a call from Congressman Weldon on The Boeing Company's site selection. The meeting reconvened at 2:38 p.m.

APPOINTMENT, RE: NORTH BREVARD COUNTY HOSPITAL DISTRICT BOARD

Commissioner Scarborough suggested each Commissioner write one name to determine if there is a consensus for appointment to the North Brevard County Hospital District Board. Commissioner Higgs recommended no candidate get the appointment without the minimum of three votes. County Manager Tom Jenkins, after receiving the ballots, advised Leonard Daye, Jerry Eads, Penny Farrar, M. V. Neta Harris, and Larry Swaton received one vote each.

Chairman O'Brien advised it should be a person not involved in medicine. Commissioner Scarborough advised Mr. Swaton has strong business experience which is needed on that board. Commissioner Voltz stated Ms. Harris did not answer the questions.

The Board discussed credentials of applicants and the ranking process, and voted again.

Mr. Jenkins advised Leonard Daye and Penny Farrar received eight points each and Larry Swaton received seven points.

The Board voted again on Leonard Daye and Penny Farrar. Mr. Jenkins advised Leonard Daye received eight points and Penny Farrar received seven points.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to appoint Leonard Daye to the North Brevard Hospital District Board, subject to confirmation by the City of Titusville. Motion carried and ordered unanimously.

DISCUSSION, RE: REQUIREMENTS AND FEES OF OCCUPATIONAL LICENSES

Chairman O'Brien advised of a letter from Mrs. Ballard who has a problem with the way occupational licenses are being handled. Commissioner Higgs stated the Ordinance was amended to deal with professionals under corporate situations. County Attorney Scott Knox advised if a person is a professional operating under a corporate license he or she does not have to pay again. Chairman O'Brien stated they are still inspecting every year and requiring professionals to get another license.

Lisa Ballard advised she thought it was a misunderstanding when they told her she needed two licenses because she incorporated; and they said they were going back to all real estate offices to tell them they need two licenses. She stated she is a licensed real estate broker and her license is under the corporation. Mr. Knox advised the Tax Collector should only collect on one license.

Chairman O'Brien directed the County Attorney and County Manager to investigate and deal with a possible problem involving misinterpretation of the Occupational License Ordinance regarding fees for corporations and employees of corporations; contact Ms. Ballard when it is straightened out; and return to the Board if needed.

AGREEMENT WITH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, RE: COST SHARING PROGRAM GRANT FOR STORMWATER MASTER PLAN

Commissioner Cook questioned the terminology in the agreement stating the County shall follow the verbal and written direction of the project manager; and inquired why; with Drainage and Surface Water Director Ron Jones responding it is part of the standard language, but he can go back and renegotiate it. Commissioner Cook inquired about the meaning of modification to the County's existing stormwater Ordinances to comply with the federal regulations; with Mr. Jones responding Camp, Dresser & McKee are going to factor in a permitting requirement.

Chairman O'Brien recommended the item be tabled and put on the Consent Agenda next week if all questions are answered; and if not, to put it under Unfinished Business for further discussion.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to table Agreement with St. Johns River Water Management District regarding cost sharing program grant for stormwater master plan until October 7, 1997. Motion carried and ordered unanimously.

APPROVAL OF REVISED POLICY BCC-24, RE: PROCUREMENT

Commissioner Cook advised the revision is for use of payment cards; it says "The payment cards allow the County to block transactions by merchant code. For example, card transactions can be blocked for such categories as cash transactions, personal services, travel services, restaurants, hotels, etc."; and inquired if that will be done; with County Manager Tom Jenkins responding "can" may be changed to "will" if the Board prefers. Commissioner Cook inquired if each Department has a cap; with Management Services Director Stockton Whitten responding the individual cap is $400 for all Departments. Commissioner Cook inquired if invoices will be audited; with Mr. Whitten responding they will be reconciled by the Department and County Finance.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve Policy BCC-24, Procurement, as amended. Motion carried and ordered unanimously.

ANNOUNCEMENT, RE: MEETING IN SOUTH MELBOURNE

Commissioner Higgs advised she will be attending a meeting in South Melbourne tomorrow night; there was a recent shooting, and the community is working to find solutions; and she hopes the County can be a part of those solutions. She stated she has nothing specific, but wanted the Board to be aware that if she sees things it can do to help the community solve the difficulty, she would bring them back, because the Board needs to be in a proactive roll regarding juveniles.

Chairman O'Brien advised that is a good idea because juvenile problems are serious.

ACKNOWLEDGE RECEIPT, RE: THANK YOU CARD

Chairman O'Brien advised of a thank you card from Dewey and Marian Lydell and James and Barbara Ray for all the work the Board put in on the Valkaria issue, along with 112 cookies for each speaker who spoke before the Board.

DISCUSSION, RE: DECISION OF THE BOEING COMPANY

Chairman O'Brien advised unfortunately Brevard County was not successful with the Boeing project, and Alabama is the winner.

Commissioner Scarborough advised a lot of people worked very hard on the project; and suggested the Chairman or Vice Chairman write to those people, from the Governor down to anybody who participated, especially at this time when their spirits have slipped. He recommended Lynda Weatherman be recognized with more than a letter or resolution to say a special thanks to her.

Chairman O'Brien recommended each Commissioner think about how the Board can thank those people, and return next week with suggestions.

ACKNOWLEDGE, RE: BIRTHDAY CAKE

Chairman O'Brien thanked everyone for the Birthday cake in recognition of his birthday.

The Board wished Chairman O'Brien a "Happy Birthday".

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 3:10 p.m.

RANDY O'BRIEN, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

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