April 8, 1997

The Board of County Commissioners of Brevard County, Florida, met in regular session on April 8, 1997, at 9:00 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 Pastor Michael Carey, Trinity Presbyterian Church, Satellite Beach, Florida.

Commissioner Nancy Higgs led the assembly in the Pledge of Allegiance.

County Manager Tom Jenkins introduced Sam Stanton, the new Facilities Construction Director.

The Board recognized and welcomed Sam Stanton to Brevard County.

Assistant County Manager Stephen Peffer advised on January 21, 1997, a letter was sent to U.S. Fish and Wildlife Service discussing the scrub jays; a response was received identifying areas that must be further explained; and inquired how the Board wants to proceed on this matter.

Commissioner Scarborough expressed his frustration over the lack of dialogue; and suggested a workshop to discuss the issues, and that the County Attorney advise the Board of its legal liabilities. Commissioner Cook recommended adding to one workshop as another topic, and expressed his frustration of not receiving more dialogue. He stated the County applied for CARL funds and is ranked highly, so if it is received, it will be used to buy scrub habitat.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to schedule a workshop to discuss the letter from U.S. Fish and Wildlife Service on scrub jay protection.

Commissioner Higgs recommended staff prepare options for the Board prior to the workshop; with Mr. Peffer responding staff will prepare options for the Board.

Chairman O?Brien advised U.S. Fish and Wildlife Service awarded $500,000 to Volusia County for offsite parking to protect sea turtles; the scrub plan may cost $40,000; and inquired if they protect the scrub jay which is a threatened species; with Commissioner Higgs responding U.S. Fish and Wildlife Service gave Brevard County over $300,000 to develop the study; and it is active in purchasing land in Brevard County. She stated CARL funds were used as matching money, so it is not a single purchase.

County Attorney Scott Knox advised the conference call scheduled for 11:00 a.m. has been canceled.

Commissioner Cook advised he will attend the Wireless Communication Tower event at the Radisson Hotel in Orlando.

Commissioner Cook advised Senate Bill 854 regarding aquaculture leases passed the Senate; and recommended the Chairman send a new letter to all State Representatives and the Governor reinforcing the Board?s objections to the bill. He stated it is important to have local control over the aquaculture leases.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to authorize the Chairman to send letters to all State Representatives, the Governor, and any other appropriate parties advising of the Board?s concerns regarding Senate Bill 854. Motion carried and ordered; Commissioner Voltz voted nay.

Commissioner Voltz advised she gave the Board a report on her trip to Tallahassee and a letter from Department of Environmental Protection. She stated she will also be attending the Wireless Communication Tower Event in Orlando.

Chairman O?Brien advised he received a resolution from the Economic Development Commission recommending Northrop Grumman for Tax Refund Program. He stated it employs 1,317 people and has been active in the community; builds the J-Star; plans to expand and include 82 new jobs in Melbourne with average salaries of $120,000; and will increase its payroll by 9.8 million dollars. He recommended Northrop Grumman be qualified as an applicant for the State?s Tax Refund Program.

Commissioner Higgs advised the tax abatement program has been for new facilities and new construction; and the resolution does not give her enough information. Chairman O?Brien advised Franck Kaiser is here and can respond to questions.

Franck Kaiser advised Northrop Grumman will make a decision on Thursday whether to make the move from New York; it will make a one million dollar capital improvement; the item came up on Friday; and he contacted Chairman O?Brien on Friday. Commissioner Cook stated it would have been appropriate for the Economic Development Commission to contact the Commissioners.

Commissioner Higgs inquired how will it work, and how much is the match; with Economic Development Director Greg Lugar responding it will work similar to Excel?s project; and tax refund would be 25% of $110,000 for a total of four years. Commissioner Higgs inquired if the Board passed the resolution would it be committed; with Mr. Lugar responding no, it would have to pass an ordinance on behalf of Northrop Grumman. Mr. Lugar requested adoption of the resolution qualifying the company as a targeted industry under the State Program, and authorizing matching it with the County?s tax abatement program.

Commissioner Cook inquired if it will be enough; with Mr. Lugar responding it will be more than sufficient; and the Board is not being asked to fund the $102,500, but to abate it and consider it as local match for the State Program. Mr. Kaiser advised the resolution is to accompany the application to Tallahassee.

Discussion ensued on number and type of jobs, commitment of Northrop Grumman to spend $1,000,000 for the project, qualifications for local match, and lack of notification by Economic Development Commission.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution recommending Northrop Grumman be approved as a qualified applicant for the Qualified Defense Contractor Tax Refund Program pursuant to Section 5, Chapter 94-136, Laws of Florida; and that the commitment of local financial support be waived and matched through Brevard County?s Tax Abatement Program. Motion carried and ordered unanimously.

Chairman O?Brien advised the VFW Post on SR 520 has to move, and the conditional use permit for beer and wine will not transfer. He requested waiver of the application fee for the VFW to obtain another permit.

Growth Management Director Susan Hann advised staff needs to research the issue and get information back to the Board.

The Board postponed action on the VFW request for waiver of application fees until later in the meeting.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve Minutes of November 12 and 26, 1996 Regular Meetings and November 19, 1996 Special Meeting. Motion carried and ordered unanimously.

Chairman O?Brien read aloud a Resolution proclaiming April 13 through 19, 1997, as National Library Week in Brevard County, and presented it to Arthur Lamar, Chairman of the County Library Board.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to adopt Resolution proclaiming April 13 through 19, 1997, as National Library Week in Brevard County. Motion carried and ordered unanimously.

Mr. Lamar thanked the Board for its support over the years.

The Board rescheduled the resolution proclaiming teen pregnancy prevention awareness week to April 15, 1997.

Chairman O?Brien read aloud a Resolution proclaiming May 4 through 10, 1997 as Elks National Youth Week in Brevard County, and presented the Resolution to Mike Seleway.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution proclaiming May 4 through 10, 1997 as Elks National Youth Week in Brevard County. Motion carried and ordered unanimously.

Parks and Recreation Director Chuck Nelson advised the State, through the CARL program, acquired the property and the County leases it from the State; there is no access points because it is a pristine dune area; the management plan would need to be changed for access; and there is no funding for it; however, the possibility is there.

Commissioner Cook inquired if public access can be added; with Mr. Nelson responding it is a tri-party agreement and the State is not receptive. Commissioner Higgs stated there are planned access points but not every parcel has crossover; and there is public access guaranteed, but not on one particular parcel. Mr. Nelson stated they can ask for access. Commissioner Scarborough suggested Mr. Nelson call the State to determine if it is receptive to providing public access. Mr. Nelson recommended the item be rescheduled so he can check on providing for public access.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to table the Amendment No. 1 to Lease No. 3959 with Board of Trustees of the Internal Improvement Trust Fund, and U.S. Department of Interior, Fish and Wildlife Service for management of Brevard Turtle Beaches until April 15, 1997. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Agreement with Roy and Linda Shapley to finance impact fees for property located at 6769 Olkowski Avenue in West Canaveral Groves. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Agreement with Robyn C. Williams Panther to finance impact fees for property located at 6659 Doug Williams Avenue in West Canaveral Groves. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Agreement with Charles Rand to finance impact fees for property located at 6748 Suntee Avenue in West Canaveral Groves. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Unpaved Road Agreement with John and Anna Mellish to obtain a building permit off an existing right-of-way constructed to the standards of Ordinance No. 97-02. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Contract with Commonwealth Development Company guaranteeing infrastructure improvements in Meadow Lake, Phase I. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution releasing Contract with Willows II Development Corporation dated September 10, 1996, for improvements in Willows Subdivision, Phase II. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to grant final plat approval for Malabar Lakes West 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.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Conditional Waiver of Fine and Release of Code Enforcement Board Lien for an abandoned apartment building at 419 Lincoln Avenue, Merritt Island, in the sum of $19,500 against Lincoln Developers, Inc., except the administrative costs of $248, as the property was sold to Greg Lafferty, subject to the new owner bringing the property up to Code within 24 months. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution denying a conditional use permit (CUP) for towers and antennas on property owned by James and Wilhelmina H. Holloway located on the east side of I-95 north of Fiske Boulevard. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to authorize a transportation workshop on August 14, 1997, at 10:00 a.m. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve transfer of three junked mowers from Road and Bridge surplus to TICO Airport Authority. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Agreement to Vacate and Convey Easement with Melbourne-Tillman Water Control District for Flanagan Road paving project, and accept Quit Claim Deed from the District. Motion carried and ordered unanimously. s

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Agreement with City of Palm Bay for installation of a traffic signal at Babcock Street and Foundation Park Boulevard. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Lese Agreement with Commercial Investment Real Estate, Inc. for lease of 7,500 square feet at $10.75 per square foot, for a library for Suntree/Viera area at 375 Pineda Court, for a period of five years beginning August 1, 1997. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to adopt the definition of excessive profit or gain and guidelines on developer?s fees for the Multi-Unit Housing Project as proposed by the Affordable Housing Council. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve the sale of North Titusville Gardens Apartments to John Chapman, with the stipulation that Deed restrictions on tenancy and rent controls remain in force for the remainder of the seven years stipulated under the original Agreement with CAN-AM Holdings, Inc. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to appoint and/or reappoint George Cipoletti, Adam Flores, Raymond Blaquiere, Clement Schmitt, and Jack Jackson to the Brevard Veterans Memorial Park Advisory Board for one year, effective April 8, 1997. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Amendment No. 1 to Agreement with Florida Department of State, Division of Library and Information Services, extending the grant for West Melbourne Public Library an additional 270 days. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Contract for Sale and Purchase with Duane Watson, Trustee, for .62 acre adjacent to Rotary Park on Merritt Island at $5,000 which is $10,000 less than the assessed value. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to waive ambulance stand-by fees for the Azan Shrine to sponsor a circus on April 25, 26 and 27, 1997 to raise funds for its charitable activities. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Agreement with Florida Department of Community Affairs for 1997 Hazard Mitigation Grant to further enhance the Emergency Management Program. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Certificate of Participation accepting federal grant to allow coordination of FY 1997-98 proposed project applications for Drug Control and System Improvement Program (Edward Byrne). Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution supporting application to Department of Environmental Protection Erosion Control Program for State cost-sharing funds to construct the U.S. Army Corps of Engineers Shore Protection Project and additional beach walkovers and dune enhancement, and designate the Office of Natural Resources Management to coordinate project management. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to accept donation of mitigation funds in the amount of $2,100 from All Car Services to be used for eradication of 1.4 acres of Brazilian pepper trees within the Kabboord Sanctuary. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to authorize the Solid Waste Management Director to execute Change Orders to Agreement with Florida Department of Environmental Protection for the derelict vessel removal project. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Florida Petroleum Reprocessors Site PRP Group Organization Agreement as potentially responsible parties to undertake remedial action to clean up the Florida Petroleum Reprocessors site in Davie, Florida. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to authorize advertising for competitive bids for the disposal of wastewater biosolids. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to grant permission to bid 1997 Mack Truck with hydraulic sewer cleaning equipment, and authorize purchase of the truck from the lowest qualified bidder. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to grant permission to bid construction of North Merritt Island Reclaimed Water Main Extension, from Sykes Creek WWTP approximately 4,000 feet south on SR 3, and award Contract to the lowest qualified bidder. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to authorize the Water Resources Director to initiate the modification of Section 110-320, Brevard County Code, to allow the use of reclaimed water in above the ground sprinkler systems. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Agreement with Indian River Colony Club to construct a masonry wall across an easement where sewer lines are located. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approved the revised 1997 Board Meeting Schedule. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Addendum to Agreement with CBB Services d/b/a Mid Am Recovery Services, Inc. for debt collection, adding the State of Florida to the indemnification requirements. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve the purchase of Northern Telcom Option 11 telephone switch equipment for Rockledge Courthouse telephone services, using the County?s Commercial Paper Program, pending approval by the Finance Committee. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve revised Policy BCC-36, Drug and Alcohol Testing, for non-bargaining unit employees and LIUNA bargaining unit employees. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to authorize Risk Management, through Alexsis, to negotiate a settlement of the workers? compensation claim of Jerry Broome. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve settlement of workers? compensation claim of Leo Lescarbeau contingent on acceptance by the State Special Disability Trust Fund for reimbursement. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve list of bills as submitted. Motion carried and ordered unanimously.

Chairman O?Brien called for the public hearing to consider a resolution vacating public utilities and drainage easement in Tortoise View Estates, as petitioned by Earl Dutton.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution vacating public utilities and drainage easement in Tortoise View Estates, as petitioned by Earl Dutton. Motion carried and ordered unanimously.

Chairman O?Brien called for the public hearing to consider revision to Merit System Policy II, Pay Plan Shift Differential Section.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to approve revision to the Merit System Policy II, Pay Plan Shift Differential Section, effective at the beginning of the current pay period. Motion carried and ordered unanimously.

Chairman O?Brien called for the public hearing to consider the settlement of all claims regarding David Cesario v. Brevard County.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Cook, to authorize settlement of all claims in the David Cesario v. Brevard County lawsuit, including attorneys? fees and costs. Motion carried and ordered unanimously.

Chairman O?Brien called for the public hearing to consider a resolution adopting a supplement to the Evaluation and Appraisal Report (EAR).

There being no objections heard, motion was made by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution adopting a supplement to the Evaluation and Appraisal Report to satisfy Florida Department of Community Affairs requirements to find the EAR sufficient per Chapter 163, Florida Statutes and Rule 9J-5, Florida Administrative Code. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to accept a Drainage Easement from Augusta and Ruth Williams to abate fines for a six-month period, being levied on their property; and authorize staff to record the Easement. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to divide the cost for equipment used County wide among the seven districts.

Commissioner Scarborough advised impact fee revenues are to respond to impacts; the last pumper truck went to his District; and inquired if it is a legal problem to operate that way. He recommended the County Attorney review it and return with a report. Commissioner Higgs advised the question is how to come to a fairness issue; dividing it by seven districts is not fair; and it should be based on collections, demand of fire calls, or the population which would get closer to being fair.

Commissioner Cook stated the fire calls will be more in populated areas. Commissioner Scarborough stated it may be a flaw; and suggested the County Attorney review the laws on how to operate under impact fee districts. Commissioner Cook stated anything coming from a benefit district has to be spent in that district.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to table Emergency Services Impact Fee Project Funding Recommendations until April 15, 1997, and direct the County Attorney to review the laws pertaining to expenditures from impact fee revenues and funds from benefit districts, and advise the Board accordingly. Motion carried and ordered unanimously.

RE: EXCHANGE FOR ABATEMENT OF CODE VIOLATION FINES (CONTINUED)

Attorney Charles Broome, representing Augusta and Ruth Williams, advised his clients do not want to go along with the deeding of their property to the County. He stated the easement is the entire 20 acres because it is a right to drain on the entire 20 acres; and he would like to give the County inside where the drainage comes in and out and not his entire property.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to reconsider acceptance of a drainage easement from Augusta and Ruth Williams. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to table acceptance of drainage easement from Augusta and Ruth Williams exchanging property for abatement of Code violation fines until April 15, 1997. Motion carried and ordered unanimously.

County Manager Tom Jenkins advised the Contract will come back to the Board for approval.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to award Proposal #P-1-7-08, Debt Collection for Library Services, to Unique Management Services at estimated annual cost of $18,590; and authorize Library Services to negotiate terms of the contract, and return the contract to the Board. Motion carried and ordered unanimously.

Assistant County Manager Joan Madden requested the item be tabled as staff received information that the Agreement will change.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to table Lease Agreement with Sheldon Cove, Ltd. for office space for Tourist Development offices until April 22, 1997. Motion carried and ordered unanimously.

The meeting recessed at 10:10 a.m. and reconvened at 10:20 a.m.

Growth Management Director Susan Hann advised there were no waivers of application fees for conditional use permits for alcoholic beverages in 1996 and 1997; and there was one that paid the fee for a CUP. Commissioner Scarborough inquired if there were requests denied by the Board; with Ms. Hann responding no. Commissioner Scarborough inquired when was the last time a request was received; with Zoning Official Rick Enos responding there have been none from those organizations in two years and there may have been a request to waive the fees from others.

Chairman O?Brien advised the VFW Post is in the process of moving right now and need the CUP. Commissioner Cook stated he has no problem as it is a service organization.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to waive the application fee for Merritt Island VFW to apply for a CUP for on-premise consumption of alcoholic beverages.

Commissioner Higgs advised it requires notices, public hearing, and advertisement; and since there are direct costs, the fee should not be waived.

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

Bob Cunningham, President and CEO of Coastal Health Systems, advised the examples are flawed in the numbers; and requested the Board not consider it. He requested the Board grant a five-year extension, and consider the 140 employees and families who will be affected, because without a multi-year contract, Coastal will have to cease its operations on September 30, 1997. He stated one or two years is not good business; if they cease operations, the County?s operation will result in a cost of $3,290,000; and he is willing to go through the numbers with anyone.

J. R. Wigley, Chairman of the Emergency Medical Services Advisory Council, advised the Board on the Council?s emergency medical services planning for County wide service, and the Council?s efforts to develop goals and objectives. He stated the plan will be submitted later this year for approval.

Alan Escoffery, Executive Director of Harbor City Volunteer Ambulance Squad, stated they do not support issuing an RFP to include private for profit companies; Harbor City has been providing service for 30 years; it strives to improve service at minimal cost; it has highly skilled employees in ALS and BLS; and it has a good working relationship with hospitals.

Nancy Fazio, President of IAFF 2969, advised she asked for a study of a County wide EMS system three weeks ago; the study is needed so the Board can review it and make decisions; and requested the Board extend the Agreement with Coastal for a year, do the study, and allow the IAFF to participate in the decision.

Attorney Leonard Spielvogel, representing Coastal, advised of Robert Cunningham?s success with Coastal and his past experience; stated the Board can pursue privatization and get government out of every function, or it can let government grow and increase taxes to finance that growth; and requested the Board extend the Agreement for five years or no less than three years. He noted the Board granted Harbor City five years.

Dan Rocque, Space Coast Fire Chiefs Association President, representing fire and EMS services, requested the Agreements with Coastal Health and Harbor City remain status quo until the review of the current delivery system to meet the needs of Brevard County is completed. He stated changes at this time will be inappropriate.

Commissioner Higgs advised in the peer review regarding privatizing emergency services, there are critical factors that need to be considered by the Board; their observation is that the County is made up of several autonomous providers who work together only periodically and reluctantly; and while it may be likely an overstatement, they did find that. She stated Dr. Poole?s work out of the Reason Foundation said that competition was particularly important to achieve cost controls and the ability for a high-performance system; so the Board needs to do something to increase competition and coordination to result in a better cost and product. Commissioner Higgs stated she does not want to drive Coastal or Harbor City out of the marketplace, but she wants to see a total coordinated system to get the County and all municipalities working closely together; and the interfacility transport is a part of that. She recommended the Board extend the Coastal Agreement for another year to give the EMS Council an opportunity to work with staff and the fire fighters? consultant and come back in six months with recommendations for the Board to consider. She requested the Board not make a long-term commitment today, but use this opportunity to leave the system in place as it is and work for a significant coordinated system for the future. She noted it may not change Coastal?s or Harbor City?s contracts, but the EMS Council and Public Safety staff along with the fire fighters should continue its work to look at a coordinated system and get that report to the Board in six months so it can determine what it wants to do.

Commissioner Cook stated the one-year extension is not long enough to do the type of programming they need to do; he received no complaints about Coastal; there are certain areas where not for profits work better than for profits; and emergency services may be one of those areas. He stated he does not mind looking at other options for the future, but if the Board is going to extend the Agreement with Coastal, it should be long enough to allow them to make business decisions they have to make, invest in capital and equipment, and provide training in order to make the system work. He suggested a three-year extension, and looking at other options during that period of time.

Commissioner Voltz inquired if the Council is studying cost and delivery; with Mr. Wigley responding they are currently looking at delivery and have not anticipated the cost; they are going with the review done by the State EMS Office and have set some goals; and they have looked at obtaining grants and making the system better financially so it is more palatable to the citizens they serve without going into an impact system. Commissioner Voltz advised a feasibility study should be done; however, cost and revenue need to be a part of it, otherwise it would not be a true picture; so if there will be an EMS review, she would like to have the fire fighters involved and the dollar figures on cost and revenue. She stated Coastal should do the same thing as to what it will cost for delivery, and if possible, provide a copy of their budget so she can look through it and see what the County will be spending. She stated Coastal may be the best system, but the Board does not know that and does not have the information to determine that; and suggested two or three fire fighters be added to the committee and the committee also provide the dollars needed. Mr. Wigley stated they invite members of all agencies to join them in all the planning sessions, but not many show up. Commissioner Voltz stated they would have a specific goal to come up with the revenue projections and cost projections; and recommended Nancy Fazio and another member be added to the Committee. She noted she has not seen the peer review; with Commissioner Higgs responding it was received in August, 1996, and may be in the Commission Office.

Discussion ensued on getting cost factors, three-year extension, studies, and quality of service.

Motion by Commissioner Cook, to extend the Agreement with Coastal Health Systems, Inc. for three years. Motion died for lack of a second.

Motion by Commissioner Higgs, seconded for discussion by Commissioner Voltz, to extend the Agreement with Coastal Health Systems, Inc. for one year beyond the current contract.

Commissioner Voltz inquired if it would terminate in October, 1998; with Commissioner Higgs responding yes. Commissioner Voltz recommended adding several people to the EMS Council Planning Committee; with Commissioner Higgs responding it should be a separate motion. Commissioner Cook stated it should be three years, but he will support the motion.

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

Motion by Commissioner Voltz, to add two or three people to the EMS Planning Committee, including representatives of the IAFF to do cost analysis on what it will cost the County if the Board decides to go with a County operation, and the revenues, etc.

Commissioner Higgs inquired if the EMS Council is established by Ordinance, and if it has to be amended; with Chief Farmer responding the EMS Council is established by Ordinance; however, the subcommittees are established as needed; and this is the EMS Planning Committee of the Council. Commissioner Higgs inquired if people have to be added to the subcommittee; with Mr. Farmer responding no, the Council routinely brings in people to help or provide information, and there is no appointment process.

Mr. Wigley advised the Planning Committee?s next workshops will be on April 15, 16 and 17, 1997; and they will be glad to have those other people who want to help out with the process. He stated they would include all five Commissioners if they want to come also.

Commissioner Higgs advised the fire fighters have an outside consultant who is part of their national organization and who would bring that expertise to the table; and that person probably would not be a local person, so someone from Public Safety should be a part of the Planning Committee?s work.

Chairman O?Brien advised Ms. Fazio and Mr. Cunningham would like to comment; and inquired if the Board wants to hear additional comments.

Ms. Fazio inquired where would be the most feasible place to put them where they will do the most good; with Assistant County Manager Joan Madden responding the intent of the Board is to move ahead with the planning process that is already in place through the EMS Council Subcommittee; and representatives of the IAFF and any assistance Ms. Fazio offered a few weeks ago would fold into that process.

Mr. Cunningham advised last July he received a one-year extension which had business implications of no leases beyond a year; they do a lot of business and have to make a lot of business decisions; and he cannot go to the bank with a one-year contract and borrow money beyond one year. He stated with one year, the Board is forcing Coastal to make a decision; and his sense of the board of directors is it will vote to cease operations on September 30, 1997 which will result in a $3,000,000 tax increase to the County because the County cannot provide the service any cheaper than a private nonprofit corporation. He stated Coastal has a good track record; and requested the Board?s reconsideration of its contract.

Commissioner Cook advised Coastal has been doing a good job and the Board is not giving them the ability to continue to do that job; the Union has ideas of its own and wants its consultant to look at the system, which is fine; but the Board has to allow something that is working to continue to work. He stated if Coastal does not provide the service and the Board goes with a County wide system with the County taking it over, it will result in a tax increase, and probably a major tax increase to supply the same service Coastal is supplying now.

Commissioner Scarborough stated the Agreement was extended for a year and a half because it terminates in October rather than April; the study should be back in six months, and the Board will know from the study where it is going; and it may extend the Agreement for five years in the Fall. He stated Coastal has to make business decisions and the Board does also; and it has to make decisions based on information. Commissioner Cook inquired who will supply information other than the consultant for the Union; with Chief Farmer responding staff that participates with the Planning Committee and the consultants from the IAFF will converge and try to narrow the study to transport services. Commissioner Higgs stated it should not be narrowed to transport services; it should be emergency medical services and how to have a coordinated system that works most efficiently cost-wise and more effectively for the patients; and that is where they need to focus their efforts. She stated she wants a system that works together with all parts. Commissioner Cook stated there will be a lot of input to that Committee, and he would hate to accept the recommendations of one entity whether it is a Union or someone else. Commissioner Cook inquired if the Board made a decision in six months would it be more acceptable to Coastal; with Mr. Cunningham responding all the discussion was had last July; and his sense is they will close if they do not have three years. He advised of all the things that need to be done, including replacement of vehicles; noted his experience in EMS and fire rescue; and stated it would be a business decision and would have nothing to do with more time to study.

Motion by Commissioner Cook, to reconsider the motion to extend the Agreement with Coastal for one year.

Commissioner Cook stated if the County loses Coastal it will lose a cost effective way for a not-for-profit service to provide emergency medical services; if they need three years to survive, the Board should reward them for doing a good job; and it could look at other options during that time. Commissioner Voltz inquired what are the options to get out of the Agreement if they come up with a better system; with County Attorney Scott Knox responding the option to get out of it would be negotiated with Coastal. Commissioner Voltz inquired if the Agreement could contain a provision that after the study is completed, the Board could terminate it; with Commissioner Cook responding the Attorney could work with Coastal on language that would allow review at some time after the study is complete, but they have to have some kind of reliance on a three-year Agreement or they cannot make decisions. He noted there may be language Mr. Spielvogel and Mr. Knox could work out. Mr. Spielvogel stated all things are possible; Harbor City?s contract runs to 1999; that is an existing contract for a significant health provider; so extending Coastal for three years will not be that far off line with the contract the Board has with Harbor City which cannot be canceled unless Harbor City agrees. Commissioner Cook suggested making Coastal?s Agreement concurrent with Harbor City?s so they both expire at the same time if the County decides to go with an overall system.

Commissioner Higgs advised there was no second to reconsider the previous motion. Commissioner Scarborough seconded the motion to reconsider.

Commissioner Higgs advised last year the Board had extensive discussion about long-term needs for the fire rescue system and EMS system; if it does not do something, it will be looking at a tax increase; it has data that the services provided by Coastal can be provided by the County or someone else without a tax increase; so she is not intimidated that it will cost money if Coastal decides to close its doors. She stated if Coastal decides to close, the County fire rescue staff is capable of doing the same service and providing that transport; so the Board should stick to its decision and move forward to study the overall provision of emergency medical services. Commissioner Cook stated it makes sense to give Coastal until 1999 to make the two contracts concurrent if the Board is talking about looking at an overall system.

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

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to extend the Agreement with Coastal Health Systems, Inc. until 1999 to be concurrent with Harbor City Volunteer Ambulance Squad?s Agreement.

Commissioner Scarborough stated the one-year extension would go until October, 1998; and the motion to extend it to 1999 basically gives 11 more months and does not do violence.

Commissioner Higgs stated the Board needs to discuss the make up of the group that will give it advice on an overall emergency medical services system; and it will need a broad base approach and not only inside EMS people.

Commissioner Voltz inquired if Chief Farmer said 90 days to come up with the figures; with Chief Farmer responding yes.

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

Commissioner Higgs recommended staff be directed to bring back recommendations on how to proceed on a comprehensive look at the system, get input from the EMS Council and others inside and outside of the system, and provide options and a time table on how to proceed.

Sheriff Phil Williams, Cindy Flachmeier, and Carmen Shrum, addressed the Board; advised of the services provided by the Exchange Program and lack of funding for security; and requested the Board consider funding for the remainder of the fiscal year.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve funding from the General Fund Contingency to provide security for the Domestic Violence Supervised Visitation/Monitored Exchange Program for the remainder of the current fiscal year; and direct the Program be considered under the Community Base Organizations Funding Program for next fiscal year. Motion carried and ordered unanimously.

County Attorney Scott Knox advised of a request from U.S. Department of Housing and Urban Development, to extend the lease with TLC to complete its 100-day examination. He noted there is also a federal lawsuit pending that has to be resolved in May, 1997.

The Board discussed conciliation, negotiations, alternatives, extension of the lease, and having HUD involved, relocation, extended offer, and criteria for such facilities.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to opt for conciliation and extend the TLC lease to July 1, 1997, and allow HUD to become actively involved in resolving the complaint. Motion carried and ordered; Commissioner O?Brien voted nay.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to deny the speed hump request on Falcon Boulevard. Motion carried and ordered unanimously.

Attorney Mary Hansen introduced Charles Turner, environmental consultant and professional engineer, representing OPM-USA, Inc.

Charles Turner explained the technical aspects and identified compliance with the Comprehensive Plan. He stated the only impact is to wetlands saltwater marsh with no change in wetland function; main impact is 3/10ths of an acre for a gravel road to remain pervious; and all the equipment sheds will be on pilings. He stated they are donating $4,500 to fund acquisition and restoration as mitigation.

Ms. Hansen stated there are no feasible alternatives and referred to a letter dated March 11, 1997 to Deborah Coles from John Mortellite, Vice President of OPM-USA, Inc.

Natural Resources Director Stephen Peffer advised staff has reviewed all the conditions and feel they meet all requirements. He noted the aspect of public interest is to be determined by the Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to determine there is an overriding public interest for OPM-USA, Inc. to have a cellular phone tower at SR 50 and I-95. Motion carried and ordered unanimously.

The meeting recessed at 12:05 p.m. and reconvened at 1:08 p.m.

Attorney Leonard Spielvogel, representing the Estate of Doris Wolf, advised of the history of the property; explained an aerial map of the property and surrounding area, including the zoning classifications; and described the proposed use of the property. He stated the St. Johns River Water Management District requested they rid the property of pepper and willow trees and maintain the upland areas; and they will put all of it in the conservation easement to manage the wetlands in perpetuity. He stated Ms. Coles requested improvements be moved as far west as possible to get out of the wetlands, and they agreed; and Joseph Mayer, Engineer, and Charles Turner, Environmental Consultant, is present to answer any questions.

Chairman O?Brien inquired if it will be lined up to be equal with Venetian Way; with Joe Mayer responding yes.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to determine there is an overriding public interest for RaceTrac Petroleum, Inc. to have a convenience store and service station on North Courtenay Parkway with a conservation easement to ensure no further encroachment into the wetland area. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve $20,000 from TDC, execute Interlocal Agreement with Canaveral Port Authority to utilize its present coastal consultants to assist the County in development of the Brevard County Shore Protection Project, and designate the Office of Natural Resources Management to coordinate the project management.

Commissioner Higgs inquired about the engineering firms and if the Agreement will tie the County for the future; with Mark Crosley responding no, the County can terminate it if not advantageous. Chairman O?Brien advised the Beach Erosion Control Advisory Committee and TDC support it.

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

Motion by Commissioner Cook, seconded by Commissioner Voltz, to acknowledge receipt of Resolutions from Cities of Satellite Beach, Rockledge, Cocoa, Cape Canaveral, Palm Bay, and Titusville, and from the Town of Indialantic, supporting an annual EMS special assessment and a County wide goal for all first responder agencies to maintain or transition to advanced life support as proposed by the Space Coast Fire Chiefs Association. Motion carried and ordered unanimously.

Commissioner Voltz advised the Society agreed to post its policy, but it is not in the agreement that they have to do it.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to execute Addendum to Agreement with The Society for The Prevention of Cruelty to Animals of North Brevard, Inc. for animal sheltering services at $3,750 a month, beginning April 15, 1997 and ending September 30, 1997, as amended to add a provision that the policy shall always be posted. Motion carried and ordered unanimously.

Chairman O?Brien recommended EMS be directly under the County Manager for effective management; and Commissioner Cook agreed. County Manager Tom Jenkins advised he has no objections.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution defining and describing the organization and responsibilities of the administrative functions of Brevard County Board of County Commissioners, as amended to put the Emergency Management Department directly under the County Manager; confirm appointments of Peggy Busacca as Community Development Administrator, Don Lusk as Community Services Administrator, Jack Parker as Public Safety Director, Robert Lay as Emergency Management Director, and Stockton Whitten as Management Services Director; and authorize administrative and budget actions to implement the assignments. Motion carried and ordered unanimously.

Commissioner Voltz advised she distributed copies of the Resolution to the Legislators, while she was in Tallahassee, and asked them to look for the funding.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution supporting the appropriation of $1,000,000 from the Florida Legislature to purchase a black beam interferometer for Brevard Community College to be located in the Open Access Clean room in Palm Bay which will be an economic benefit for the State, County, and City.

Commissioner Higgs inquired what will the equipment do in terms of education and will it be used by industries; with Frank Margiotta, representing Brevard Community College, responding it will have a tremendous benefit not only for students but also the community. Commissioner Higgs inquired what will it do; with Mr. Margiotta responding it is designed to provide in-line inspection of large glass substrates for the flat panel industry.

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

Commissioner Cook inquired if the County buys the same equipment, is it eliminating competitive prices; with Public Works Director Henry Minneboo responding staff started standardizing in 1988, but not every item; and it provides familiarization for the people who operate heavy equipment. He stated Mack gave the County the same price in May, 1996 which results in a savings; and staff is satisfied with their service. Commissioner Cook inquired if the price is consistent with the State Contract; with Mr. Minneboo responding if the State had a contract for Mack dump trucks, it would be in line, but it is not on the State contract. Commissioner Cook inquired if the Mack dump truck purchase with District 4 MSTU funds would only be used in that MSTU; with Mr. Minneboo responding yes, they attempt to keep it in that District.

Motion by Commissioner Cook, to waive bid requirements and authorize the purchase of a Gradall XL4100 Telescoping Excavator 6X6 with ditching bucket contingent on it being in line with the State bid list; and direct staff to check on the impact of the purchase of the Mack truck on District 4 MSTU projects.

Mr. Minneboo advised it replaces the 1983 Mack truck. County Manager Tom Jenkins advised Commissioner Cook was given an accounting of the District 4 MSTU funds and there was an allotment for equipment replacement. Commissioner Cook stated he has the list but did not talk to Mr. Minneboo about it.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to waive bid requirements and authorize purchase of heavy equipment approved under the Capital Outlay Budget for FY 1996-97, contingent on the Gradall being in line with the State?s bid list, and except the 12-yard Mack dump truck; and direct staff to check on the impact of the purchase of said truck on District 4 MSTU projects. Motion carried and ordered unanimously.

Commissioner Cook advised page 6, paragraph 1 allows minor changes to the Policy by the Selection Committee or EEL Director; and inquired what is considered minor; with EEL Coordinator Dr. Duane DeFreese responding an amendment to the Florida Statutes where the numbers changed could be construed as a minor technical change to the document, but any policy change would be considered a major change. Commissioner Cook advised, page 8, says, "The County?s policy is to purchase land when other means such as zoning or regulation are not appropriate, available, or effective to achieve the Program?s conservation goals and objectives"; it gives the impression that if the County cannot regulate the land or zone it so it cannot be used, it will purchase it; and there may be better verbiage or a better way to put that in or delete it. Dr. DeFreese advised that language is from the original land acquisition manual; and there was an attempt by the Procedures Committee to retain some of the original flavor; however, if the Board desires, he will take it back to the Procedures Committee to re-look at it.

Assistant County Manager Stephen Peffer advised the real thought was that the County would not be buying every piece of land that had environmental concerns and that there are other mechanisms available to address environmental issues other than buying the land; so maybe it could be better worded. He noted it sounds more sinister than it was intended.

Commissioner Cook stated page 11 says, "The Board may not add or expand projects identified within the acquisition strategy or presented on the list"; and inquired if all acquisitions would come through the EELS Selection Committee; with Dr. DeFreese responding affirmatively. Commissioner Cook advised there is one member of the Committee from the League of Women Voters; and inquired if that has always been a part of the Selection Committee; with Dr. DeFreese responding yes. Dr. DeFreese advised there were some changes to the makeup but only in the criteria as directed by the Board; there was some concern about citizen input; so the management manual recommends the creation of a citizen advisory committee that would advise the Board and the Selection Committee. Commissioner Cook stated page 11 says, "A qualified list of nominees shall be established from the available pool of willing and qualified nominees. . . County EELS staff will provide the qualified list of nominees to the Board for review." Dr. DeFreese advised the intent is to give the Board all applications that come in. Dr. DeFreese stated they recommend advertising for nominations from individuals, then putting that package together for the Board for easy review so it can pick the members. Commissioner Cook inquired if the Manual could include that all nominees will come back to the Board. He stated page 13 says, "The membership shall be for a minimum of two-year terms"; with Dr. DeFreese responding that is correct; and the general consideration was that the longer they have the volunteers the more qualified they become about the complicated process. He stated that has served the County well in the past because the process is quite a complicated issue of the State. Commissioner Cook stated it deviates from the Board Policy of one-year terms. Chairman O?Brien stated because of the amount of money involved in the process, he would not be offended if they served two years because there is a learning curve in the process.

Commissioner Voltz stated she cannot see where the League of Women Voters fit into the picture; there are a financial person, development person, environmental person, and then the League Women Voters; and it does not match. Dr. DeFreese stated he was not there when the construction of the Committee was established, but they did bring the entire document to the Procedures Committee; and what the Board has is the Committee?s recommendations. Mr. Peffer advised the Committee makeup was determined by the Board of County Commissioners in 1989; that was one of the categories named specifically; so staff has carried that forward. Commissioner Voltz inquired if the Board has to keep it; with Mr. Peffer responding it is up to the Board. Commissioner Voltz stated she would prefer to see someone else in there other than the League of Women Voters. Commissioner Cook suggested an at-large appointment which would not preclude someone from the League, but would include other organizations the Board may want to put on there.

Chairman O?Brien inquired if the Selection Committee will be offended if the Board chose the member of the League of Women Voters as an at-large appointment; with Margaret Hames responding it was never discussed by the Committee. Ms. Hames advised when the program was suggested and proposed to the Board, it came through a proposal from the League of Women Voters and the Florida Native Plant Society; so when the Board established the Committee, since those two organizations initiated the program and presented it to the Board for approval and development, it was felt the League, which had been studying the issue and saw it as a means to satisfy growth management, would be appropriate. She stated the League is a public interest group and not restricted to environment or development or whatever; they study all aspects, but as far as the Committee is concerned, it was never an issue and it never discussed it because it was assumed to be the appropriate thing.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to delete the League of Women Voters from the EEL Selection Committee, and establish that seat as at-large.

Commissioner Cook stated it will not preclude the League of Women Voters and will not exclude any other organizations that may have an interest in the program.

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

Commissioner Cook advised page 23 says, "Zoning is desirable in that it protects environmental resources areas with a minimum of intervention and cost"; and again it gives the impression that the regulatory mechanism will be used in a punitive fashion.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution adopting the EEL Program Land Acquisition Manual as amended, and to reword pages 8 and 23; and to return those pages to the Board for review. Motion carried and ordered unanimously.

Commissioner Cook expressed concern about flexible work schedules and telecommuting, accountability, documentation, justification for allowing it to happen, and possible workers? compensation problems. He stated if they attend meetings at night, then they can come in at noon and not need compensatory time; and recommended language on that also.

Chairman O?Brien recommended overtime be avoided if possible.

Commissioner Cook stated the Board expects management to do more and that is why they are exempt; and suggested a cap on community service time of four hours.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to grant permission to advertise a public hearing to consider amendments to the Merit System Policy II, Pay Plan, and Policy VII, Hours of Work, regarding compensatory time, flexible work schedules, and participation in community service organizations, and adding verbiage for overtime exempt personnel giving the manager discretion of having employees come in late and not give compensatory time if they attend night meetings. Motion carried and ordered unanimously.

County Attorney Scott Knox advised there is an executive session that would probably be less than one hour to discuss litigation settlement or strategy.

Upon motion and vote, the meeting adjourned at 2:01 p.m.

ATTEST: ______________________________

RANDY O?BRIEN, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

___________________________

SANDY CRAWFORD, CLERK

(S E A L)