The Board of County Commissioners of Brevard County, Florida, met in regular session on February 6, 1996, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 St. Johns Street, Melbourne, Florida. Present were: Chairman Mark Cook, Commissioners Truman Scarborough, Randy O?Brien, Nancy Higgs, and Scott Ellis, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Assistant Pastor Ted Blumberg, Freedom Christian Center, Melbourne, Florida.

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

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve the minutes of October 24, 1995 Regular Meeting, October 30, 1995 Special Meeting, October 30, 1995 Zoning Meeting, and January 12, 1996 Special Meeting. Motion carried and ordered unanimously.

APPROVAL OF INCREASE, RE: MEMOREX TELEX OPEN PURCHASE ORDER FOR MAINTENANCE OF INFORMATION SYSTEMS DIVISION EQUIPMENT

County Manager Tom Jenkins requested approval of increase for Memorex Telex open purchase order for maintenance of Information Systems Division equipment be deleted from the agenda; and advised staff will resubmit it at a later date.

The Board deleted approval of increase for Memorex Telex open purchase order for maintenance of Information Systems Division equipment from the agenda.

PERMISSION TO HOLD EXECUTIVE SESSION, RE: HEMP CASE

County Attorney Scott Knox requested permission for the Board to hold an executive session on February 13, 1996 at 4:00 p.m. regarding the Hemp Case; and advised staff has a settlement proposal to bring to the Board.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant permission to hold an executive session on February 13, 1996 at 4:00 p.m. regarding the Hemp Case. Motion carried and ordered unanimously.

DISCUSSION, RE: COMMISSION MEETINGS

Commissioner O?Brien advised people are having difficulty hearing the Commission Meetings over the telephone; and requested the County Manager look into the problem.

APPOINTMENT, RE: EMPLOYEE BENEFITS ADVISORY COMMITTEE

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to appoint Katherine Martin, 1311 E. New Haven Avenue, Melbourne, Florida 32901 to the Employee Benefits Advisory Committee replacing Dan Nungesser, with term of appointment expiring December 31, 1996. Motion carried and ordered unanimously.

APPOINTMENT, RE: INFRASTRUCTURE CITIZEN RESOURCE GROUP

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to appoint Ray Marino, 911 Jupiter Boulevard, N.W., Palm Bay, Florida 32907 to the Infrastructure Citizens Resource Group replacing William De Marzo, with term of appointment expiring December 31, 1996. Motion carried and ordered unanimously.

ITEMS PULLED FROM CONSENT AGENDA

Commissioner Higgs pulled Item III.E.6, and Commissioner O?Brien pulled Items III.D.4, III.D.5, and III.D.16 from the Consent Agenda.

DISCUSSION, RE: ASSOCIATION OF COUNTIES

Chairman Cook advised he received an inquiry from Charlie Richards, Association of Counties, on whether there is any interest from the Brevard County Board of Commissioners in regard to partial year assessments; and the Association is trying to put together a meeting in Orlando to discuss the issue with the larger counties. Commissioner Scarborough stated he has an interest.

Chairman Cook advised when he finds out the date of the meeting, he will copy the entire Board; and any Commissioner can attend.

ANNOUNCEMENT

Chairman Cook advised the audience of the proper procedure for addressing the Board; and explained the time certain items listed on the agenda.

FINAL ENGINEERING APPROVAL, RE: VIERA, TRACT CA1, CA2, PHASE 4

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant final engineering approval for Viera, Tract CA1, CA2, Phase 4, subject to minor engineering changes as applicable, and Board approval of the project not relieving the developer from obtaining all other necessary jurisdictional permits. Motion carried and ordered unanimously.

AGREEMENT WITH HAROLD BEARD, RE: IMPACT FEE FINANCING IN WEST CANAVERAL GROVES

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Agreement with Harold Beard for impact fee financing in West Canaveral Groves. Motion carried and ordered unanimously.

WAIVER OR REDUCTION OF CODE ENFORCEMENT BOARD FINE, AND RELEASE OF LIEN, RE: 650 S. BANANA RIVER DRIVE, MERRITT ISLAND

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve reduction of fine and authorize the Chairman to execute Conditional Waiver of Administrative Fines & Release of Lien on property at 650 S. Banana River Drive, Merritt Island. Release of lien to be filed with the Clerk of Circuit Court upon full payment of reduced fine in the amount of $3,200. Motion carried and ordered unanimously.

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

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution setting public hearing for March 5, 1996, to consider vacating rights-of-way in Section 21, Township 24S., Range 35E. as petitioned by First National Real Estate Company. Motion carried and ordered unanimously.

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

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution setting public hearing for March 5, 1996, to consider vacating road reservation easement in Scottsmoor Resubdivision of Farms 44, 45 & 46 as petitioned by Wayne L. Carse. Motion carried and ordered unanimously.

RESOLUTION SETTING PUBLIC HEARING, RE: VACATING ROAD RIGHT-OF-WAY IN CITY ACRES, ADDITION NO. 1 - RICHARD ANTHONY FONSECA

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution setting public hearing for March 5, 1996, to consider vacating road right-of-way in City Acres, Addition No. 1 as petitioned by Richard Anthony Fonseca. Motion carried and ordered unanimously.

RESOLUTION RESCINDING RESOLUTION DATED FEBRUARY 10, 1983, RE: VACATING LATERAL DITCH

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution rescinding Resolution dated February 10, 1983 and recorded in ORB 2412, PGs 2014 through 2016 for non-compliance. Motion carried and ordered unanimously.

BUDGET CHANGE REQUEST, RE: AMENDING COURT ALTERNATIVES BUDGET FOR GRANTS AND DONATIONS TRUST FUND TO FUND SUBSTANCE ABUSE TREATMENT OR PREVENTION PROGRAMS

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Budget Change Request, amending the budget of Court Alternatives Department for grants and donations trust fund for the Substance Abuse Treatment or Prevention Programs. Motion carried and ordered unanimously.

CERTIFICATE OF ACCEPTANCE, RE: DRUG CONTROL AND SYSTEM IMPROVEMENT FORMULA GRANT

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Certificate of Acceptance for the Drug Control and System Improvement Formula Grant. Motion carried and ordered unanimously.

BUDGET CHANGE REQUESTS, RE: SUPPLEMENTING HOUSING AND COMMUNITY DEVELOPMENT BUDGET FOR HOME, SHIP, WAP, LEHRP, LIHEAP, AND EMERGENCY SHELTER GRANTS

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Budget Change Requests supplementing Housing and Community Development Department?s budget for HOME, SHIP, WAP, LEHRP, LIHEAP, and Emergency Shelter Grants. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FY 1996-97 GRANT APPLICATION

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize advertising a public hearing for the Community Development Block Grant Program Grant Application for FY 1996-97. Motion carried and ordered unanimously.

UTILITY SALES AGREEMENT WITH DEPARTMENT OF THE AIR FORCE, RE: WATER SERVICES TO ANIMAL CONTROL FIELD OPERATIONS CENTER ON PINEDA CAUSEWAY

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Agreement with Department of the Air Force to provide water service to the Animal Control Field Operations Center on Pineda Causeway. Motion carried and ordered unanimously.

WAIVER OF MUSIC AND ALCOHOLIC BEVERAGES REQUIREMENTS, RE: GRANT SEAFOOD FESTIVAL

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to waive provisions of Article III, Section 78-110, Festivals, to allow musical entertainment, and Article III, Section 78-109 to allow possession or consumption of alcoholic beverages at the Grant Seafood Festival on February 17 and 18, 1996, subject to the Festival Committee providing portable sanitary units, set up and clean up, comprehensive liability insurance including liquor liability, traffic control, and obtaining all State and local regulatory permits. Motion carried and ordered unanimously.

WAIVER OF MUSIC AND ALCOHOLIC BEVERAGES REQUIREMENTS, RE: JUMBALAYA JAM FESTIVAL AT WICKHAM PARK

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to waive provisions of Article III, Section 78-110, Festivals, to allow musical entertainment, and Article III, Section 78-109 to allow sale, possession, donation, or consumption of alcoholic beverages at the Jumbalaya Jam Festival at Wickham Park on February 23 through 25, 1996, subject to the Festival Committee providing portable sanitary units, clean up, comprehensive liability insurance including liquor liability, security, and obtaining all State and local regulatory permits. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 TO AGREEMENT WITH CANAVERAL CONSTRUCTION COMPANY, RE: MELBOURNE RIVERVIEW PARK DEVELOPMENT

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Change Order No. 1 to Agreement with Canaveral Construction Company for development of Melbourne

Riverview Park, increasing contract price by $2,490 for additional permit fees and revisions to the drawings, and extending the time by 64 days. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH GLATTING JACKSON KERCHER ANGLIN LOPEZ RINEHART, INC., RE: ARCHITECTURAL AND ENGINEERING SERVICES FOR PALM BAY REGIONAL PARK DEVELOPMENT, PHASE III

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Amendment to Agreement with Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. for architectural and engineering services for Palm Bay Regional Park, Phase III, extending the term of the Agreement to March 22, 1997. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH PAN AMERICAN DESIGN SERVICES, INC., RE: ARCHITECTURAL AND ENGINEERING SERVICES FOR W. W. JAMES PARK CONCESSION/RESTROOM PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Amendment to Agreement with Pan American Design Services, Inc. to provide architectural and engineering services for W. W. James Park Concession and Restroom Project, to delete auto liability insurance coverage. Motion carried and ordered unanimously.

BUDGET CHANGE REQUESTS, RE: AMENDING BUDGET FOR RECYCLING GRANT

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Budget Change Requests amending the budget of Solid Waste Management Department for the recycling grant. Motion carried and ordered unanimously.

EASEMENTS TO FLORIDA POWER & LIGHT COMPANY, RE: POWER TO HOUSEHOLD HAZARDOUS WASTE COLLECTION CENTER AND CENTRAL DISPOSAL FACILITY?S TRANSFORMER STATION Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Easements for Florida Power & Light Company to provide power to the Household Hazardous Waste Collection Center and Central Disposal Facility?s Transformer Station. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-2-6-11 AND CONTRACT WITH YORKE-DOLINER COMPANY, RE: PURCHASE OF SCRAP METAL

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to award Proposal #P-2-6-11, Purchase of Scrap Metal, to Yorke-Doliner Company; and execute Agreement with the Company. Motion carried and ordered unanimously.

GRANT AGREEMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: GRANT FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Grant Agreement with Department of Environmental Protection for Household Hazardous Waste Collection Program in the amount of $50,000. Motion carried and ordered unanimously.

EASEMENT TO FLORIDA POWER & LIGHT COMPANY, RE: POWER TO SOUTH CENTRAL REGIONAL NEAR TERM REUSE SYSTEM

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Easement to Florida Power & Light Company to provide power to the reuse pump station as part of the South Central Regional Near Term Reuse System. Motion carried and ordered unanimously.

AUTHORIZE ADVERTISING FOR BIDS, AWARD OF BID TO LOWEST RESPONSIBLE BIDDER, AND EXECUTION OF CONTRACT, RE: SEWER LINE REHABILITATION PROJECT IN MERRITT ISLAND AND SATELLITE BEACH

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant permission to advertise bids, award to the lowest responsive bidder, and execute Contract for sewer line rehabilitation work needed in Merritt Island and Satellite Beach. Motion carried and ordered unanimously.

AUTHORIZE ADVERTISING FOR BIDS, AWARD OF BID TO LOWEST RESPONSIBLE BIDDER, AND EXECUTION OF CONTRACT, RE: SOUTH BEACHES WASTEWATER TREATMENT PLANT 2 MGD REHABILITATION PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant permission to advertise bids, award to the lowest responsive bidder, and execute Contract for the South Beaches Wastewater Treatment Plant 2 MGD Rehabilitation Project. Motion carried and ordered unanimously.

EXTENSION OF TIME, RE: LANDSCAPE AND LAND CLEARING TASK FORCE REPORT

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant extension of time for the Landscape and Land Clearing Task Force to complete the report and to remain as a committee until after the Local Planning Agency completes its review and makes its recommendations. Motion carried and ordered unanimously.

AGREEMENT MODIFICATION WITH FLORIDA DEPARTMENT OF COMMERCE, DIVISION OF ECONOMIC DEVELOPMENT, RE: GRANT TO PAVE EAST RAILROAD AVENUE

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Agreement Modification with Florida Department of Commerce, Division of Economic Development for grant for paving of East Railroad Avenue, extending the construction commencement date to July 1, 1996 and the completion date to December 31, 1996. Motion carried and ordered unanimously.

SATISFACTION AND EXECUTION OF BOND DOCUMENTS, RE: TERMINATION OF ELECTRONIC SYSTEMS PRODUCT, INC. INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1984

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Satisfaction and Termination of Loan Agreement, Note, Mortgage and Indenture and Satisfaction and Termination of Guaranty for Electronic Systems Products, Inc. Industrial Development Revenue Bonds, Series 1984. Motion carried and ordered unanimously.

APPROVAL, RE: GOVERNOR?S APPOINTMENT OF O. NEAL STORY TO BREVARD COUNTY HOUSING AUTHORITY

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve appointment of O. Neal Story, replacing Dr. Harry K. Nyquist, to the Brevard County Housing Authority. Motion carried and ordered unanimously.

AUTHORIZATION TO EXECUTE AMENDMENT TO AGREEMENT WITH LOGAN VENTURES, INC., RE: VENDING SERVICES AND SNACK BAR AT JUSTICE CENTER

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize execution of Amendment to Agreement with Logan Ventures, Inc., pending approval of the County Attorney and Risk Management, extending the contract for vending services for four years, and including the vending services and satellite snack bar at the Justice Center. Motion carried and ordered unanimously.

DEDUCTIVE CHANGE ORDER NO. 15 WITH BROWN & ROOT BUILDING COMPANY, RE: HARRY T. & HARRIETTE V. MOORE JUSTICE CENTER

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Deductive Change Order No. 15 with Brown & Root Building Company for construction of the Harry T. and Harriette V. Moore Justice Center to accommodate direct purchases; and authorize transfer of these funds to the direct purchase account. Motion carried and ordered unanimously.

APPROVAL OF CONSULTANT SELECTION COMMITTEE?S RECOMMENDATION, AND APPOINTMENT OF NEGOTIATING COMMITTEE, RE: ARCHITECTURAL AND ENGINEERING SERVICES FOR SOUTH MAINLAND (MICCO) LIBRARY

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve the Selection Committee?s ranking of Space Coast Architects to provide architectural and engineering services for the design of the South Mainland (Micco) Library in Melbourne; and appoint a Negotiating Committee consisting of Facilities Management Director Hugh Muller or his designee, Library Services Director Kathryn Stewart or her designee, Assistant County Attorney Katherine Harasz or her designee and Facilities Construction Director Joseph Vislay to negotiate a contract with Space Coast Architects, and if negotiations are unsuccessful, to negotiate with the second ranked firm, Holeman Suman Architects. Motion carried and ordered unanimously.

APPROVAL OF CONSULTANT SELECTION COMMITTEE?S RECOMMENDATION, AND APPOINTMENT OF NEGOTIATING COMMITTEE, RE: ARCHITECTURAL AND ENGINEERING SERVICES FOR DESIGN OF STONE COMMUNITY LIBRARY

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve the Selection Committee?s ranking of Space Coast Architects to provide architectural and engineering services for the design of the Stone Community Library in Melbourne; and appoint a Negotiating Committee consisting of Facilities Management Director Hugh Muller or his designee, Library Services Director Kathryn Stewart or her designee, Assistant County Attorney Katherine Harasz or her designee and Facilities Construction Director Joseph Vislay to negotiate a contract with Space Coast Architects, and if negotiations are unsuccessful, to negotiate with the second ranked firm, Holeman Suman Architects. Motion carried and ordered unanimously.

REMOVAL FROM INVENTORY, RE: COUNTY TANGIBLE PERSONAL PROPERTY DECLARED JUNK, NOT REPAIRABLE, AND OF NO AUCTION VALUE

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve removal from the County Inventory of tangible personal property declared to be junk, not repairable and of no auction value by the custodians. Motion carried and ordered unanimously.

REMOVAL FROM INVENTORY, RE: COUNTY TANGIBLE PERSONAL PROPERTY OF CENTRAL FLEET MANAGEMENT DIVISION

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve removal from the County Inventory of two chairs declared to be beyond repair and disposed of by Central Fleet Management. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS FROM QUALIFIED TELECOMMUNICATION COMPANIES, RE: MAINTENANCE AGREEMENT

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant permission to advertise and request proposals from qualified telecommunication companies for the maintenance of the backbone network and telecommunications equipment; appoint a Selection Committee consisting of Joe Lamers, Roland Depelteau, Scott Linkenhoker and Jo Malota; and approve extending the existing Agreement with BellSouth to September 30, 1996. Motion carried and ordered unanimously.

AUTHORIZATION TO NEGOTIATE, RE: WORKERS? COMPENSATION SETTLEMENT WITH NANCY DOLAN

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize negotiation, through Gallagher Bassett Services, of settlement of workers? compensation claim of Nancy Dolan. Motion carried and ordered unanimously. REMOVAL FROM INVENTORY, RE: MISSING MOVIE PROJECTOR FROM RISK MANAGEMENT DIVISION

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve removal from County Inventory of a missing 1977 Singer 16mm movie projector, PR# E269-0117. Motion carried and ordered unanimously.

RESOLUTION, RE: ENCOURAGING FLORIDA PUBLIC SERVICE COMMISSION TO REINSTATE UNIFORM, SINGLE TARIFF RATE STRUCTURE FOR SOUTHERN STATES UTILITIES

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution encouraging the Florida Public Service Commission to immediately reinstate a uniform, single tariff rate structure for Southern States Utilities, Inc. Motion carried and ordered; Commissioner Higgs voted nay.

APPROVAL AND PERMISSION TO ADVERTISE PUBLIC HEARING, RE: UNIFORM ADVISORY BOARD APPOINTMENT ORDINANCE

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant permission to advertise public hearing to consider revisions to the Uniform Advisory Board Appointment Ordinance. Motion carried and ordered unanimously.

REJECT REQUEST FOR SPECIAL MASTER HEARING, RE: GRANT LAKE SANCTUARY

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to reject request for hearing before a special master by the owner of Grant Lake Sanctuary. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE AND ADDENDUM WITH CARLA A. GIBBS, PERSONAL REPRESENTATIVE FOR THE ESTATE OF CARL H. ALBRITTON OR CLEORA W. ALBRITTON, AND WAIVE APPRAISAL REQUIREMENT, RE: WICKHAM PARK OUTPARCEL

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize the Chairman to execute Contract For Sale and Purchase and Addendum with Carla A. Gibbs, Personal Representative, and Cleora Albritton for Wickham Park Outparcel at $6,000; and waive requirement for an appraisal. Motion carried and ordered unanimously.

MOTIONS AND STIPULATED FINAL JUDGMENTS WITH SUN WUK AND HYUN SOOK CHUNG, COLUMBUS AND NONA STORY, AND CHARLES AND RHODA BELCHER, RE: PARCELS FOR DAIRY ROAD WIDENING PROJECT (BREVARD COUNTY V. DAIRY ROAD PLANT FARM, INC., ET AL)

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Motion and Stipulated Final Judgments with Sun Wuk and Hyun Sook Chung, Columbus and Nora Story, and Charles and Rhoda Belcher in the case of Brevard County v. Dairy Road Plant Farm, Inc., et al, for parcels for the Dairy Road Widening Project. Motion carried and ordered unanimously.

RESOLUTION, RE: NAMING SYKES CREEK BRIDGE AS JOHN A. HURDLE MEMORIAL BRIDGE

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution naming the Sykes Creek Bridge as John A. Hurdle Memorial Bridge. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

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

Access to Government Information Committee

Appoint David Szulczewski, 1171 River Drive, N.E., Palm Bay, Florida 32905 and Kristina Densler, 2966 St. Marks Avenue, Melbourne, Florida 32935, with terms of appointments expiring December 31, 1996.

South Mainland Library Advisory Board

Appoint Ruth Wells, 1218 Calusa Drive, Barefoot Bay, Florida 32976, replacing Ruth Mistron, with term of appointment expiring December 31, 1996.

Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve bills and budget transfers as submitted. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - GREGORY POPP, CHAIRMAN, TITUSVILLE-COCOA AIRPORT AUTHORITY, RE: STATE OF THE AIRPORT ADDRESS

Gregory Popp, Chairman, Titusville-Cocoa Airport Authority, stated exciting things are happening with the Titusville-Cocoa Airport Authority; it is making good progress with the airports; and it is moving in a positive direction.

Bill Hutto, Executive Director of Titusville-Cocoa Airport Authority, distributed packets to the Board members entailing what is taking place at the airports.

Mr. Popp advised the Authority is moving in the direction of becoming tax subsidy free; it is working very hard to increase revenues from independent sources, encouraging business activity, and soliciting new airport customers and tenants to try to increase capital revenues; and that is the news that the County Commission and taxpayers want to hear. He stated the Authority?s expenses are down substantially; its revenues are increasing; it is staying within its budgeted spending plan for this fiscal year; and it anticipates increased gross revenues which should continue to enable it to move in the right direction. He explained construction projects underway at the present time, and various events and activities; stated the Authority?s focus is to increase business activity; it is working on projects to make the airports more viable; and its goal is to continue to work toward being self-sufficient.

Chairman Cook expressed appreciation to Mr. Popp and the Authority for doing a fine job; stated the quicker it is off the tax rolls the better; and it has made significant efforts in that regard.

PRESENTATIONS, RE: EXCELLENCE IN PUBLIC SERVICE MANAGEMENT AND EXCELLENCE IN PUBLIC SERVICE AWARDS

Commissioner O?Brien read aloud a resolution recognizing and commending Kathy Wall as winner of the Excellence in Public Service Management award; and presented it to Ms. Wall.

Motion by Commissioner O?Brien, seconded by Commissioner Ellis, to adopt Resolution commending Kathy Wall as winner of the Excellence in Public Service Management award. Motion carried and ordered unanimously. Budget Director Kathy Wall advised it is an honor to be associated with Brevard County and the professional people she gets to work with; and this would not be possible if it was not for the talented budget analysts in the County, as well as the direction and guidance from County Manager Tom Jenkins and Management Services Director Michael Managan. She expressed appreciation to the Board for the commendation.

Commissioner Ellis read aloud a resolution recognizing and commending J. R. Pierce as winner of the Excellence in Public Service award; and presented it to Mr. Pierce.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to adopt Resolution commending J. R. Pierce as winner of the Excellence in Public Service award. Motion carried and ordered unanimously.

PRESENTATION OF CERTIFICATE FROM U.S. ENVIRONMENTAL PROTECTION AGENCY, RE: STAFF OF SOUTH BEACHES WASTEWATER TREATMENT PLANT

Water Resources Director Richard Martens introduced the operational staff of the South Beaches Water/Wastewater Treatment Plant.

Commissioner Higgs presented a plaque from the Environmental Protection Agency (EPA) to the operational staff; advised it is an exceptional award; and expressed appreciation to the staff.

The Board recognized and commended the operational staff of the South Beaches Water/Wastewater Treatment Plant for their Honorable Mention placement in the U.S. EPA 1995 Region IV Awards Program.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN COPPERFIELD SUBDIVISION - LENNAR HOMES, INC.

Chairman Cook called for the public hearing to consider a resolution vacating public utility easements in Copperfield Subdivision as petitioned by Lennar Homes, Inc.

There being no objections heard, motion was made by Commissioner O?Brien, seconded by Commissioner Scarborough, to adopt Resolution vacating public utility easements in Copperfield Subdivision as petitioned by Lennar Homes, Inc. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING L-14 CANAL RIGHT-OF-WAY AND ADJACENT ROADWAY - ROBERT E. STITZEL

Chairman Cook called for the public hearing to consider a resolution vacating L-14 canal right-of-way and adjacent roadway as petitioned by Robert E. Stitzel.

There being no objections heard, motion was made by Commissioner Ellis, seconded by Commissioner Scarborough, to adopt Resolution vacating L-14 Canal right-of-way and adjacent roadway as petitioned by Robert E. Stitzel. Motion carried and ordered unanimously.

REQUESTS FOR VARIANCES, RE: BREVARD COUNTY COASTAL CONSTRUCTION SETBACK LINE

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize staff to readvertise public hearings to consider requests for variances to the Brevard County Coastal Construction Setback Line approved by the Board on January 23, 1996, for Satellite Beach Developers, Ltd./Satellite Beach Construction Corporation and First Service of Brevard, L.C., a Florida Limited Liability Company, as it is necessary to notify each condominium owner rather than the Condominium Associations. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: REQUEST BY FLORIDRON LIMITED, INC. FOR VARIANCE TO BREVARD COUNTY COASTAL SETBACK LINE

Chairman Cook called for the public hearing to consider request by Floridron Limited, Inc. for variance to Brevard County Coastal Setback Line.

Edward Fleis, 1090 Highway A1A, Satellite Beach, representing Floridron Limited, Inc., advised at the last meeting, this item and the next one were tabled; a question had come up about the vested status of the existing slab and foundations; and provided a history of the project to the Board and explained the existing structure on the site.

Brian Sculthorp, 134 Caledonia Drive, Melbourne Beach, Vice President of Floridron South Shores Limited, Inc., advised he is present to answer any questions on the variance application.

Commissioner Higgs inquired is this particular slab vested. County Attorney Scott Knox responded he rendered an opinion that he did not believe it was vested; and explained the reasons for his determination. Attorney Knox stated the issue of vesting is not there and what the Board is here to decide is the variance based upon the merits.

Mr. Fleis stated he requested the State provide its most current data on beach erosion in this area; the last two exhibits he provided to the Board today have been developed from 1972, 1983, 1986 and 1993; he has two sources of data that are used; and both of them support the variance of 23 feet.

Environmental Section Supervisor Debbie Coles advised the Ordinance specifies the County should use the column in the Olson report that gives the data from 1972 to 1986; that particular column is showing an erosion of ?-foot a year; and staff based its calculations on the most current data which is recommended in the Ordinance. She stated in light of the data that was presented today, staff can review it, if it is the pleasure of the Board, to see if there is better data than what was provided previously that would indicate Mr. Fleis has received an accretion which would change the calculation; and there are a couple of locations, according to the Olson report, that have received accretion in those areas.

Commissioner Ellis inquired would it be possible in the future to incorporate more current data on the erosion. Ms. Coles responded staff can look into getting the most current data as provided by the State; it could include it as part of the Ordinance requirement; and the Board would have to amend the Ordinance.

Commissioner Higgs inquired does Ms. Coles have the data from the Division of Beaches and Shores; with Ms. Coles responding affirmatively. Commissioner Higgs inquired if such data is correct, would it lead to a conclusion that the variance of 23 feet is within the provisions of the Ordinance. Ms. Coles responded the Ordinance specifies using the toe of the dune; in most locations in that area, most of the elevations for the toe are around 12 feet in elevation; on the graph at the 12-foot elevation mark, it shows there has been an accretion in the toe of the dune; and if the data is correct, then there would be an accretion occurring. Commissioner Higgs stated using the Ordinance and making the calculations using the data, the 23 feet would be justified; with Ms. Coles responding affirmatively.

Chairman Higgs stated she has great difficulty giving variances to the Coastal Construction Line because it is a very dangerous precedent to establish and a dangerous thing to do; given the information she has from the Division of Beaches and Shores and given the existence of the slab at this location and the structural pilings, it would allow her to support a variance in this instance; but she does it very carefully because of her concern for the preservation of the Coastal Construction Line.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Cook, to grant a variance of 23 feet to the Brevard County Coastal Setback Line as allowed in Section 8 of Ordinance No. 85-17, as requested by Floridron Limited, Inc. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: REQUEST BY FLORIDRON LTD., INC. FOR VARIANCE TO BREVARD COUNTY COASTAL SETBACK LINE

Chairman Cook called for the public hearing to consider request by Floridron Ltd., Inc. for variance to Brevard County Coastal Setback Line.

Chairman Higgs stated if she accepts the data in the previous situation, then the difference is that the slab is not at this location; however, this would be one building between all of the others; and if the data is correct, then it would support the variance.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to grant a 23-foot variance to the Brevard County Coastal Setback Line as allowed in Section 8 of Ordinance No. 85-17, as requested by Floridron Ltd., Inc. Motion carried and ordered unanimously.

PERMISSION TO TRAVEL, RE: COMMISSIONER O?BRIEN

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to authorize travel for Commissioner O?Brien to attend a meeting in Washington, D.C. February 25 through 29, 1996 to discuss beach erosion, Port Canaveral, and the Jetty. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AUTHORIZING TEMPORARY USE AGREEMENTS

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to hear ordinance authorizing temporary use agreements along with the time certain issue Item V.E., Consideration of Temporary Use Agreement for Portable Asphalt Plant, Associated Equipment and Materials, at 3:00 p.m. Motion carried and ordered unanimously.

APPROVAL OF IMPLEMENTATION, RE: SALARY PLAN FOR SHERIFF?S OFFICE PERSONNEL

Sheriff C. W. ?Jake? Miller advised his Office has a step plan it would like to implement; it is a much more fair system than it is using now; it properly slots his employees; and it is more competitive in law enforcement throughout Brevard County and agencies throughout Central Florida. He stated his Office was below the average in Brevard County and in Central Florida; he has supporting documents to distribute; the new plan will bring his Office up to where it should be; and it does not make it the highest, but it is no longer one of the lowest. He noted his Office believes it is affordable; it discussed the issue with County Manager Tom Jenkins; and it has taken a serious look at the step plan. Sheriff Miller advised this system is approximately $150,000 more than the previous plan would have cost; by not putting it into effect until December, it has made up that $150,000 from the existing budget it has; he is not trying to say it is free and does not cost the County anything; but he is trying to impress on the Board that his Office recognizes that County dollars are hard to come by and it wants to insure the Board it is doing everything it can and will continue to do so to fund its pay plan from its budget. He stated his Office was below average in Brevard County and throughout Central Florida; this plan would help morale of the deputies; it is a much more fair system; and it will properly slot his people for a great number of years.

Chairman Cook inquired is the total cost approximately $901,000; with Sheriff Miller responding about $782,000 which does not include the contractual law enforcement.

Commissioner O?Brien inquired how much money did the Sheriff return to the County last year; with Sheriff Miller responding approximately $2 million. Commissioner O?Brien stated that is very commendable; the step plan is well constructed; and the Sheriff?s Office has done a good job.

Chairman Cook inquired what is the funding source for the plan. Budget Director Kathy Wall responded the Board, on September 21, 1995, approved a millage rate that was $2.2 million in excess of what was needed to operate the County?s General Fund for this fiscal year; so staff is recommending that such funding source be used since it is a continuous funding source on ad valorem taxes. Chairman Cook inquired about the MSTU reserves; with Ms. Wall responding the Sheriff?s Office has $100,000 salary reserve and the balance will come out of the reserve for cash forward. Commissioners O?Brien and Ellis advised they support the step plan. Commissioner Ellis stated he does not want to rule out future cost-of-living or merit increases with the step plan; and that door needs to be kept open; with Chairman Cook responding it can be addressed. Commissioner Higgs inquired is the Sheriff going to be able to use this system to increase accountability so the people who are funding this are going to see increased adherence to the law and decreased crime rates; with Sheriff Miller responding he believes so as it will keep experienced deputies in Brevard County which is very important. Sheriff Miller noted to say the County is going to see a reduction in crime as a result of the step plan is not likely to happen; but it will happen through better morale and activity; the step plan has a built-in incentive for deputies to do the best they can; and he believes those things will happen.

Commissioner Scarborough stated the action today results in a recurring expense for next year; and inquired how much more does the County have to allocate to the Sheriff?s budget by the Board?s action today. Ms. Wall responded under the step plan, the Board would be committing itself for next fiscal year to at least $465,000 for sworn deputies. Commissioner Scarborough stated all he is asking is what the new base would generate for the Sheriff?s Office as opposed to not creating a new base for next year; and inquired what is a 12-month new base going to cost Brevard County.

County Manager Tom Jenkins stated the annualized cost for what the County is doing this year to the Sheriff?s budget next year is an approximate increase of $558,000; the cost of implementing the step plan next year is $415,000; when taking this year?s approximate cost of $558,000 and next year?s cost of $415,000, the Sheriff?s budget would increase to approximately $973,000 this year and next year; and in next year?s budget, an additional $310,000 will be added for the General Fund. Commissioner Scarborough noted he is confused and is not prepared to proceed at this time; and requested an opportunity to meet with Sheriff Miller again prior to voting on the issue.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to table approval of salary plan for the Sheriff?s Office personnel until the February 20, 1996 Board Meeting for additional information. Motion carried and ordered unanimously.

The meeting recessed at 10:28 a.m.

The meeting reconvened at 10:47 a.m.

INTERLOCAL AGREEMENT WITH CITY OF TITUSVILLE AND KITE DEVELOPMENT, INC., RE: DEVELOPMENT OF PROPERTY UNDER SINGLE REGULATIONS

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Interlocal Development Agreement with the City of Titusville and Kite Development, Inc. to allow Kite Development, Inc. to proceed with development of property under a single set of regulations. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING COUNTRY ACRES ADVISORY BOARD ORDINANCE

Chairman Cook called for the public hearing to consider ordinance amending Country Acres Advisory Board Ordinance.

There being no comments or objections heard, motion was made by Commissioner Ellis, seconded by Commissioner Higgs, to adopt Ordinance amending Article II, Chapter 90 of the Code of Ordinances of Brevard County, Florida, specifically amending Section 90-41 to delete the requirement that each Commission District?s appointed member reside in that Commission District; providing for severability; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 122, WATERWAYS, ARTICLE II, BOATS AND WATER SAFETY, SECTION 122-29, SYKES CREEK AND KIWANIS ISLAND BASIN, TO ESTABLISH SLOW SPEED ZONE IN THE INDIAN RIVER IN SCOTTSMOOR LANDING PARK AREA

Chairman Cook called for the public hearing to consider ordinance amending Chapter 122, Waterways, Article II, Boats and Water Safety, Section 122-29, Sykes Creek and Kiwanis Island Basin, to establish slow speed zone in the Indian River in Scottsmoor Landing Park area.

Kenny Boyd, 1465 S. Lester Court, Merritt Island, stated this particular slow speed zone is not consistent with the Manatee Protection Plan; at the last meeting of the Ad Hoc Committee, that zone is not a regulated area; according to the exemption, the Ordinance would only be there until the Plan is in place; then it would be superseded; and it is a waste of time and money.

Assistant County Manager Stephen Peffer stated the Committee, in its recommendations to the Board, will be recommending that the Turnbull Basin not be regulated, but be an advisory area; any of those items that will be coming to the Board are recommendations only; and it is up to the Board to decide.

Parks and Recreation Director Chuck Nelson advised one of the critical aspects of this project is the County received a concurrence from the permitting agency to allow the Manatee Plan to supersede this; it is a critical aspect; it will go away at such time as the final Plan adopted; and whatever the new rules are will be put in place. He noted this is a long-standing project staff has been working on; the County is extremely close to having the permit; the conditions are livable in terms of that part of the river; staff would like to proceed with this; and it is holding up any additional permits until this is in place.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Ordinance amending Article II, Boats and Water Safety, Section 122-29 of the Code of Ordinances of Brevard County, Florida, establishing a ?Slow Speed? zone for the area surrounding the marked access channel in the Indian River 2,000 feet from Scottsmoor Landing Park shoreline for two miles north and south; providing for incorporation into the Code of Ordinances of Brevard County, Florida; providing for severability and providing an effective date. Motion carried and ordered unanimously.

PROFESSIONAL SERVICE AGREEMENT WITH OUTLAW, RICE, SOYKA & SWEENY, INC., CROTON ROAD WIDENING PROJECT

Commissioner Higgs stated it is her understanding this is going to cost approximately $1.2 million to do the work; she agrees it is an important project; however, it is unwise to go forward and spend $192,000 plus dollars without a plan on how the County is going to pay for it and an overall plan for road work in the District; and she cannot support spending this money to come up with a plan that the County is going to put on the shelf for five years. She noted it is not a good expenditure of funds at this time; and it is very bad road planning.

Chairman Cook stated under the circumstances, it is prudent to move ahead. Commissioner Ellis stated the project needs to be done and it is not a wish list-type project.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with Outlaw, Rice, Soyka & Sweeny, Inc. for engineering services related to the Croton Road Widening Project, at $192,313. Motion carried and ordered; Commissioner Higgs voted nay.

REQUEST FROM BREVARD COUNTY REPUBLICAN EXECUTIVE COMMITTEE, RE: REFERENDUM ON 1996 PRESIDENTIAL PREFERENCE PRIMARY BALLOT TO AMEND COUNTY CHARTER TO RETURN ELECTION OF COUNTY COMMISSIONERS AND CONSTITUTIONAL OFFICERS TO PARTISAN BASIS

Fred Robitschek, 560 Teakwood Avenue, Satellite Beach, stated he likes to speak in defense of good government and local control by the people; he favors keeping the County elections non-partisan; retaining the non-partisan approach means that the voters may actually have to find out about the issues and who stands where; and the GOP?s suggestion before the Board is an exercise in trying to apply Murphy?s Golden Rule in Brevard County. He noted making the elections partisan is guaranteed to increase election costs; the GOP Executive Committee can collect signatures to test the waters; that way it is doing a better job of protecting what real democracy is all about; and it is not trying to short circuit the system just to keep them happy.

Claire Myers, 1273 S. Florida Avenue, Rockledge, advised she is opposed to the request; and the non-partisan system which was placed in the County Charter System was a reform to discourage the development of a good ole boy network and all the other problems associated with the partisan local government election system. She noted one of the problems in the past with the partisan races was the runoff system was expensive; it usually entailed low voter turnout for the runoff elections; reducing or eliminating the runoff system by putting non-partisan election systems into place would encourage voter participation; and it is inappropriate to continue the partisan system.

William Patterson, 455 Diana Boulevard, Merritt Island, stated he was a member of the Charter Commission that helped draft the document in 1993 and 1994; the decision to include non-partisan County elections in the Charter was not taken rashly; this item was debated extensively over a period of six to eight months; and it was researched by an expert team of consultants, including a lawyer who specializes in Florida Government and Civics and the Chairman of the Political Science Department at Stetson University. He urged the Board not to rush to rashly intervene in what the Charter Commission considered the normal process of charter petition referendum and amendment.

Barbara Jagrowski, 884 Spanish Wells Drive, Melbourne, President of League of Women Voters of the Space Coast, stated in November, 1994, the electorate of Brevard County, by a majority of approximately 65%, approved the new County charter; one of the issues greatly debated and discussed by the Charter Commission was the issue of partisan, non-partisan elections of the County

Commissioners and Constitutional Officers; as a member of the Charter Commission, she personally talked to many individuals, as well as hearing statements from the sitting County Commissioners, regarding the non-partisan issue; and the majority stated that issues addressed by the County Commission and Constitutional Officers were of a non-partisan nature and did not have a Republican or Democrat label attached to them. She noted removing the non-partisan label would do a great disservice to a large group of Brevard voters; the League of Women Voters of the Space Coast strongly feels that it is far wiser to leave this item, as well as any others dealing with the Charter, to the Review Committee; and at that time, the pros and cons of non-partisan can be debated at length with all interested parties.

Stan Allen, 1255 W. Scots Avenue, Merritt Island, advised the citizens have voted to have non-partisan elections; the County has not yet had a non-partisan election; and it would seem only fair that the citizens should have a chance to see how this will operate before they are asked to make a decision to throw it out. He noted the Board may be establishing a precedent if it puts this on the ballot at the request of a specific organization with a specific mission; and inquired what is to prevent the same thing from happening with another organization that has a specific mission coming in and requesting their issue be placed on the ballot instead of following the normal procedures. He requested the Board let the non-partisan provision stand and give it a chance to see if it will work.

Kevin McKeown, 604 Barcelona Court, Satellite Beach, representing the Brevard County Republican Executive Committee, urged the Board to allow the system to work as it was designed; stated many people who voted for the Charter did so in spite of some of the reservations they held about this Charter; primary among those concerns was the issue of non-partisan elections for the County Commission and Constitutional Officers; and a major selling point of this Charter was that changes could be easily proposed and acted upon by coming before the Board. He noted this dialogue today is not about changing the Charter; what it is about is whether or not the Board will allow the people to decide on whether or not a controversial provision of that Charter should be changed; and that is what this issue is about today, whether or not it will put that on the ballot. He requested the Board place this important issue on the November ballot; this does permit the application of one cycle of non-partisan elections in the County; and beyond that, it is letting the people decide.

Commissioner Higgs stated she supported the non-partisan provision in the Charter and will support it remaining that way.

Commissioner Ellis stated he has never seen the Commission behave in a partisan manner, meaning a Republican versus Democrat; he has seen a lot of other unusual things, but not based on party lines; he agrees that there is going to be a Charter Review Commission in 1997; that will give one cycle of non-partisan elections; and if the County were to go on the ballot in November, 1998, then that will bring the Constitutional Officers and Commissioners back under partisan if the vote goes that way. He noted the County has to have a non-partisan election this year no matter what it does; and it may as well go through that cycle; if people are dissatisfied, then it can move forward; he personally believes that anyone in a legislative position should have a partisan election and ballot access for those of independent nature; and the Board is both executive and legislative in nature.

Commissioner Scarborough stated the County will not know the results of the cycle until it has the elections in November. He advised he is not going to vote for this as it may be opening Pandora?s box.

Chairman Cook stated the people voted on the Charter; this is probably the most controversial provision in said Charter; he thought this was not a good idea and it should be a stand alone item; the people should be allowed to speak and decide whether or not they want their elected officials to be partisan or non-partisan; and party affiliation is one factor that people should have the right to know who they are voting for as there are philosophical differences between Republicans and Democrats. He noted there is no majority on the Board to put this on the ballot at this time.

IMPROVEMENTS IN RIGHT-OF-WAY, RE: FAY BOULEVARD, PORT ST. JOHN

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize staff to install improvements in the right-of-way of Fay Boulevard and contact the property owners at the western terminus of Fay Boulevard in Port St. John to request their approval of the improvements, with funding coming from Contingency. Motion carried and ordered unanimously.

PERMISSION TO RE-ADVERTISE, RE: ADMINISTRATIVE REZONINGS

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Option 1, to direct staff to re-advertise those items tabled on July 31, 1995 which will not be impacted by the existing land use policy under discussion by the Board, for administrative rezonings. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 TO AGREEMENT WITH RKT CONSTRUCTORS, INC., RE: NORTH BREVARD YARD WASTE AND MULCHING FACILITY

Chairman Cook stated he would like to re-bid; a change order in the amount of $389,000 should be bid out; the property is on the tax rolls for $44,000 for the entire 88-acre tract; this benefits one property owner; it is not the project he is addressing, but the Change Order; and there should be a Board policy to bid change orders with large dollar amounts.

Commissioner Higgs stated she does not know how the County can pull the original Contract away from the Company after it has received it; she has a problem with it; it is a big Change Order, but a significant part of it can be attributed to the addition the County is requesting and the price increases that have been documented; and it would not be right to re-bid the entire project based on what has been done and the notice that has been received. She noted at this point the County needs to proceed with the project and the Change Order as outlined.

Commissioner Scarborough stated even with the amount of the Change Order, it is still less than the next lowest bid. Chairman Cook stated it is not good public policy to be awarding $389,000 change orders without bidding them out; the improvements will benefit just one parcel of property; and he has a serious concern. Commissioner Scarborough stated the Board has already awarded the original Contract, and inquired can it bid out the Change Order portion as a separate contract; with Solid Waste Management Director Richard Rabon responding negatively. Mr. Rabon advised it affects the entire original bid; they are not two separate jobs anymore; the Change Order changes the design; it cannot be separated out; and if the Change Order was going to be rebid, it would have to be a part of the whole project which would have to be re-bid. Commissioner Scarborough stated the County has substantial savings that can be affected in its operations; and he would like to move forward with it.

Commissioner Ellis stated he does not see where else the County can go on this with the Contract already signed with the general contractor; it cannot separately bid the Change Order as it would have two contractors on site; when it is all done, they both point the finger at each other and come to the Board for some kind of reparations; one person would need to be in charge; and it would have to be the general contractor the County has now.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Change Order No. 1 to Agreement with RKT Constructors, Inc. for the North Brevard Yard Waste and Mulching Facility, increasing contract price by $389,464.74 and time by 56 days. Motion carried and ordered; Commissioner Cook voted nay.

DISCUSSION, RE: THRESHOLD IN CHANGE ORDERS

Motion by Commissioner Ellis, seconded by Commissioner Cook, to direct staff to come back to the Board with language for future proposals that if the County reaches a certain threshold in change orders before it has given notice to proceed, it reserves the right to re-bid the project. Motion carried and ordered unanimously.

The meeting recessed at 12:04 p.m.

The meeting reconvened at 1:01 p.m.

DISCUSSION, RE: STAFF RESPONSES TO EEO/MINORITY ISSUES TASK FORCE RECOMMENDATIONS

John Robinson, 460 Snug Harbor Drive, Merritt Island, encouraged the Board not to act on the Task Force recommendations until the proper study is done to see if there is any need for the women-owned and minority-owned contractors; and stated until a disparity study is done, there is no need to spend the money on the recommendations that have been brought to the Board.

Samuel Lopez, 2129 Royal Poinciana Boulevard, Melbourne, requested the Board move forward with the recommendations and hold a workshop between the Board and the Task Force.

Motion by Commissioner Higgs, to proceed with development of an Action Plan in the Purchasing Director?s memorandum. Motion died for lack of a second.

Chairman Cook stated two items he would like to move forward on include staff formulating the newsletter to send out to small businesses, minorities, etc. to get them involved in the process, and looking at eliminating the bonding requirements for $50,000 and under if they are otherwise qualified to do the project.

Discussion ensued on the bonding process, subcontractors and suppliers, final payments, liens, and releases.

Chairman Cook stated there is consensus on the newsletter and bonding issues.

Commissioner Higgs stated she sees a great value in knowing who the County?s contractors are and having a tracking mechanism; if it is alleged that the County is discriminating and not dealing fairly with minorities and small businesses, then it has no defense whatsoever if it has no idea who it is dealing with; if it proceeded with knowing what the local labor market of business and what the pool is of potential vendors, then it will be able to evaluate itself based on those people who are serving the County as subcontractors; and there is great value in knowing that. She noted if the County is finding it does not have many minority and small businesses participating and working for it then the only way to improve that is by knowing where it is.

Motion by Commissioner Higgs, to proceed with collecting data to identify the participation of vendors of the County. Motion died for lack of a second.

Commissioner Ellis stated his reservation on that is just because the County knows who it deals with is not necessarily a defense.

Chairman Cook stated he does not see what use the information could have unless just to challenge the County on some sort of discrimination charge; and it is not discriminating if it is awarding the lowest and best bidder.

Commissioner O?Brien stated the newsletter is a very good idea; and it is reaching out and making sure businesses are involved in the process. Chairman Cook stated he concurs with Commissioner O?Brien; the County needs to make sure it is reaching out and giving individuals opportunities; it cannot guarantee results; the only reason to track something is to guarantee results; and that is not right.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve staff responses to EEO/Minority Issues Task Force recommendations, including expanding provision in the Affirmative Action Plan to include the County Manager and Assistant County Managers on Page 3 in Goal 5. Motion carried and ordered unanimously.

DISCUSSION, RE: POLICY FOR USE OF MEETING ROOMS

Motion by Commissioner Ellis, seconded by Commissioner O?Brien, to approve request to change Policy BCC-17 to allow religious and partisan political activities the use of conference and meeting rooms outside normal working hours at the Government Center, including Option 2 at $10 per hour for large conference room and $20 per hour for large auditorium, charging personnel costs if a County employee is needed, and authorizing the County Manager to work out the scheduling; and authorize the Chairman to execute the revised Policy.

Motion by Commissioner O?Brien, seconded by Commissioner Ellis, to allow Janet Gaulin to speak on the issue. Motion carried and ordered unanimously.

Janet Gaulin inquired what happens if someone damages the facility; with County Manager Tom Jenkins responding there will be language included in the document which will hold the individual responsible and they would not be allowed to use the facility again. Chairman Cook stated in most cases, there will be a County employee present.

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

CONTRACT FOR SALE AND PURCHASE WITH JOHN M. AND JAMES A. BOVIS, RE: MALABAR ROAD WIDENING PROJECT

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to authorize execution of Contract For Sale and Purchase and a Sign Easement with John M. and James A. Bovis for the Malabar Road Widening Project. Motion carried and ordered unanimously.

RESPONSE TO DEPARTMENT OF COMMUNITY AFFAIRS ORC REPORT, RE: 1995B CONSERVATION ELEMENT AMENDMENT

Fred Robitschek, 560 Teakwood Avenue, Satellite Beach, stated he was informed earlier today that there has been some agreement in principle between the St. Johns River Water Management District and the Board on the issue; that is good news; and the public wants rational compromises. He noted rational comprehensive planning which protects the environment sustains the quality of life and preserves property values; removal of wetland protections by reducing government regulation may result in the taxpayers subsidizing the piecemeal destruction of what our fathers passed down to us and what we pass on to our children; and there is room for compromise in areas involving the commercial activities on disturbed sites. He stated on the other areas like density and wetlands, he would have preferred to see the previously existing protections restored; it has been clear that the majority of people in Brevard County want continued, specific and adequate environmental protection; and they are asking for smart government, intelligent compromise, and decisions made on facts and not opinions.

Kim Zarillo, 760 Cajepat Circle, Melbourne Village, representing the Florida Native Plant Society, requested the proposed changes not be accepted. She inquired what Ordinances, if any, would need to be changed should this language be changed in the Comprehensive Plan and what the cost to the taxpayers would be.

Chairman Cook stated no ordinance has to be changed with this change in the Comprehensive Plan; and the ordinances cannot be in conflict with the Comprehensive Plan.

County Attorney Scott Knox responded the ordinances have to be consistent with the Comprehensive Plan and that may or may not require changes depending on what language is included in the existing ordinances.

Margaret Hames, 667 Acacia Avenue, Melbourne Village, member of the Board of Indian River Audubon Society, read a letter from the Society as follows: ?Dear Brevard County Commissioners. The following is our response to proposed alternative language regarding the Wetland Policy in the Brevard County Comprehensive Plan Conservation Element subsequent to the Department of Community Affairs? rejection of the County?s initial proposed amendments. 5.2 F1. We object to allowing residential development on parcels of less than five acres. The current density limit was established initially for a reason. There would be adverse cumulative impacts sustained by existing wetlands if this change is made. In addition, the transfer of development rights would increase density in upland habitat adjacent to wetlands. We could support this only if the buffers established by the wetlands were expanded adequately so that the existing buffers would not be overwhelmed by the increase in impervious surface area. Buffers containing natural native vegetation protect wetlands from development and protect the increased density of new development from flooding. 5.2 F2 B. We object to automatically allowing commercial/industrial development in an existing industrial or commercial area. The wetland was there first and merits preservation or restoration, if only because of its importance to Brevard?s vowed diversity. Wetlands are vitally important habitat for a wide variety of plants, wildlife and birds, both resident and migratory species. Also, if development is allowed in these areas, who is going to handle the runoff? The taxpayers will bear the financial burden of this increased runoff. 5.2 F3. The current wording regarding utilization of fill is satisfactory. The proposed wording requires compliance with development requirements. Conservation policies should be based on their own merits. Development requirements should comply with the Comprehensive Plan?s Conservation Element, not the other way around. 5.2 H. We object to the addition of this section for it ties the County?s hands and prevents the County from taking action to protect the health, safety and welfare of the public, which is the overriding responsibility of our government. In response to objections that all wetlands are treated equally, we agree that there may be room for change. For instance, Ordinances could be changed to increase mitigation ratios for forested wetlands from 2:1 to 5:1 to account for the longer length of time required to replace this type of wetland. And contrary to statements made earlier, we understand that if wetland protection policies are removed from the Comp Plan, the Ordinances implementing them are required to be eliminated. We are concerned about the possibility of a costly and unnecessary administrative hearing. The environmental community did not precipitate the necessity for a possible hearing. We can only hope that you, our elected officials, will act in a responsible manner regarding the protection of our County?s remaining wetlands.?

Martin Lamb, 2034 Adams Avenue, Melbourne, stated he is not afraid of the federal, state, or County governments; he wishes all the Commissioners could do the same and do what they think is right in their heart and not necessarily be afraid of lawsuit and litigation; and Brevard County needs to stand up for what it believes is right. He noted the environmentalists come saying they are coming with the word of the environment to protect it; and they are going to end up owning all of the land.

Charles Moehle, 65 Country Club Road, Cocoa Beach, stated there needs to be some amendment and more fair play to the Conservation Element regarding development in commercial and industrial uses; and provided a map and information to the Board explaining his reasons for having such amendment.

Catherine Stanton, 1976 Tyler Avenue, Melbourne, advised she supports the Sierra Club and Audubon Society?s viewpoints on this issue.

Pat Poole, P. O. Box 854, Melbourne, stated the people have elected the Commissioners as their officials; they need for the Board to do what is best for the County; and she believes the Commissioners know what is best for the future of Brevard County. She noted the developers want to make money; they criticize the environmentalists; the environmentalists do not get paid big salaries to tell the Board what they want; and they come to the meetings to let the Board know how much they care about Brevard County. She described the devastation that has taken place in the County, including the pastures at Viera; stated she hopes the Board realizes how important the environment is; and requested it not change the Plan as it is a good one.

William W. Kerr, 325 Fifth Avenue, Suite 208, Indialantic, stated the Board has a difficult decision in front of it; he finds himself again in the middle; there are some things that are good about the existing regulations; and there are some things that are restrictive. He noted the concept of ecosystem management is now in vogue which makes a lot of sense; it means areas are managed of large expanses that are basically uninhabited for the environment; and those areas that are intensively inhabited are managed for people. He stated it does not make any sense to have an isolated wetland in the middle of a high intensive residential development; it does not do anything but attract plastic cups and probably serves as a function for flooding; and it does not serve as a real viable habitat for offsite, well independent species. He stated to forbid commercial development in a wetland and put commercial development all around that wetland makes no sense; for the property rights people, it is taking a very valuable piece of property and road frontage and restricting their use; and for the environmental people, it is proposing to have a wetland in an area where it is really not serving a viable function. Mr. Kerr advised he is not present to object to the current changes; he wants to try and assist the County with his 10 years of experience in interpreting what impacts there are now to people who apply from a third person who is not economically involved in any piece of property in Brevard County; and he derives his living from working with environments and working out a compromise between the developer and agencies.

Rob Lee, 1275 S. Patrick Drive, Satellite Beach, stated he is a local civil engineer and uses the Ordinances and Comp Plan on a daily basis; and he is present to assist the Board in answering any questions and act as a sounding board for suggested language. He noted he is not here to represent any particular side; there are some unfair provisions in the current Code that need to be changed; and they do not satisfy a useful purpose. He stated there is no difference between a commercial impact and a residential impact; a wetland impact is a wetland impact; and the cost of resource replacement, mitigation, and preservation has a way of keeping unfeasible uses away.

Mary Todd, 135 S. Bel Aire Drive, Merritt Island, representing the Turtle Coast Group of the Sierra Club, stated the Club prefers the way the Comp Plan is at the present time and unamended; but if the Board chooses to amend it, the Club would like the County to consider some specific suggestions; and these are based on the language that she received as the County?s draft alternative language. She noted for Policy 5.1, the Club suggests that the County not eliminate the language derived in threshold or connection requirements; in Policy 5.2.F.1, as a first choice, the Club prefers the original Comp Plan language; however, if the County is going to change the Policy which involves residential densities, the Club requests the language, ?provided buffer zones are established to insure no loss of wetland functions? be inserted. Ms. Todd stated in Policy 5.2.F.2.C, the Club strongly opposes this provision as it would lead to urban sprawl; and in Policy 5.2.F.3, the Club suggests the County keep the original Comp Plan language. She advised the Turtle Coast Sierra Club prefers the original Comp Plan language; and it sincerely hopes if the Board decides to approve alternative language, it will consider the Club?s suggestions which she will provide to the Board.

Richard Wallace, 560 Ruth Circle, W. Melbourne, stated he takes exception to the County?s actions to weaken the wetlands protection as they are now written; the Board should not favor any interest of groups or people who have secured or bought lands in Florida that should never have been developed; Florida has a lot of wetlands; and the County needs to leave the wetlands alone.

Priscilla Griffith, 6414 South Drive, Melbourne, Natural Resources Chair of the League of Women Voters of the Space Coast, stated since she has already submitted comments on the alternative wording proposed for the Conservation Element of the Comprehensive Plan and since such wording has apparently been superseded by further changes which she has not had a chance to study, she will not comment on specifics. She noted a letter dated February 4, 1996 in the Florida TODAY written by Commissioner Cook indicated, ?I am certain that reasonable people working together in a rational manner can find a solution to this very complicated issue?; and he was referring to the County?s wetlands policy. She noted this statement is an encouraging one for all people of good will who are concerned for the environmental and economic health of Brevard County; environmental and economic factors are interdependent and both are intimately related to the fate of the County?s remaining wetlands; and most people who acknowledge this relationship are intensely concerned about the non-jurisdictional wetlands and the prospect that increasing density of development in both non-jurisdictional and jurisdictional wetlands will increase pollution, stormwater runoff, wildlife destruction, flooding, and health and safety factors. Ms. Griffith stated if the political decision is made that the original wording in the Plan should not be retained, then whatever compromise is reached should be one that truly does no further damage to Brevard?s wetlands, while reasonably preserving legitimate private property rights as established by case law developed over almost 100 years.

Harry Fuller, 424 Dorset Drive, Cocoa Beach, representing Space Coast Builders Association, stated the Association also likes wetlands; many people in the community do not understand the difference between government regulation of property and government taking of property; there is a big difference; and what everyone does not understand is that in government, you cannot regulate property to non-use. He noted there is a lot of very recent case law that says the Fifth Amendment of the Constitution still exists; it says you shall not confiscate people?s property without reasonable compensation; when reviewing this ordinance, it does a lot of that; and a lot of government agencies are doing that today. Mr. Fuller stated in the case of Lucas vs. the State of North Carolina, Mr. Lucas won his case; such case establishes government cannot take someone?s property or regulate it down to a non-use; when someone has a wetland and government says it cannot use it at all, that is not regulating the property but taking it; and if the County is going to do anything, it cannot deny the people the right of their property. He noted if an individual has wetlands and wants to use it, he or she has that right under the Constitution of the United States; government and agencies are being challenged in courts; and such courts are ruling in favor of the property owner.

Norma Adams, 801 S. Brevard Avenue #G, Cocoa Beach, stated she is a member of the Sierra Club and League of Women Voters; and she agrees with the Club and League presentations 100%. She requested in any revisions to the Ordinances that relate to wetlands or land use, that the verbs be reviewed; stated there are too many mays, coulds, and wills; and there needs to be more shalls as they are legal.

Commissioner Ellis stated he started working on this issue approximately two years ago; what he found in the Comprehensive Plan was a Plan that was very inflexible; however, the way it was being dealt with by the staff was to ignore the inflexibilities in the Plan and work around it. He noted if the Plan was enforced to the letter of how it was written there would be a great uproar in the County; that is true even today; and there is nothing in the Plan which specifies what type of wetland, how large a wetland, and how much it has to occupy on the parcel. He stated what has been going on for years since the Comprehensive Plan is everyone has not enforced it; the Plan has a conflict in it; and gave various examples of different issues that have taken place, including zoning. He advised the Future Land Use Element does not contain a wetlands overlay; and under the current Comprehensive Plan, there is no flexibility for commercial or residential land uses. He noted 35% of Brevard County is owned by government right now, 15% is developed, and the remaining 50% is undeveloped; and there needs to be some kind of flexibility in the Comprehensive Plan so staff can address things in a common sense manner. Commissioner Ellis stated it is the small land owner who gets clobbered by this; the big land owner can afford to get the attorneys, consultants, engineers and everything he needs to work his project; and the person with the one or two acres gets hit because he cannot afford everything.

Chairman Cook concurred with Commissioner Ellis? comments; stated it seems the bigger developer has an easier way of getting through the regulatory process; that is something that has disturbed him for a long time; and that includes the County. He stated the Comprehensive Plan needs to be made fair for everyone, regardless of who someone is; many of the concerns came from people trying to build their homes, not developers; there is no flexibility in this Plan and no appeal process; and these are very important issues.

Commissioner Higgs stated the County has had people at the zoning and Commission levels who have run into wetland difficulties; it has been able to get that flexibility changed; and the motions made and passed were to remove all provisions referencing wetlands from the Comprehensive Plan and to amend those policies in the Future Land Use and Conservation Elements in 5.1 and 5.2. She inquired does Commissioner Ellis have specific language at this point to build in the flexibility.

Commissioner Ellis stated the original language from Assistant Growth Management Director Peggy Busacca on February 1, 1996 regarding Policy 5.2.F.1 on density use which says, ?unless strict application to the Policy renders a parcel less than five acres is unbuildable?, handles the issue of the smaller lots less than five acres and they meet the Future Land Use Element and every other aspect of the Comprehensive Plan and Zoning Code. He noted on Policy 5.2.F.2.B, he does not believe it is a good idea to tie the Comprehensive Plan down to specific roads; and that should be done in an ordinance and not the Plan. He stated he does not want to delete ?H?; it is a critical element; it is the portion of the Plan amendment that says you shall not go through administrative rezoning of the property; he has seen what has happened in other areas with administrative rezonings of commercial properties and all of a sudden they are administratively rezoned to residential; and that is the reason he supports this provision because one of his biggest fears is going through the entire County administratively rezoning.

Assistant Growth Management Director Peggy Busacca explained a map provided by Natural Resources based on information from the Property Appraiser and St. Johns River Water Management District showing wetlands in the area, and commercial and industrial zonings in Brevard County currently; and described the Future Land Use Map to the Board.

Commissioner Scarborough stated he received information on Friday and also today; this issue is important and there needs to be a workshop; he knows a lot of people came here today hoping the item could be disposed of; but it is going to take a number of hours to discuss; and there are people in the audience who have a vital interest in it and have not seen the current information.

Chairman Cook inquired has there been coordination with the St. Johns River Water Management District on the current language.

Carol Senne, representing the St. Johns River Water Management District, stated the yellow sheets in front of the Board were recently reviewed by the District; as compromised language has been developed, the District has been reviewing it and sending its comments back to County staff; and where staff has felt comfortable, it has incorporated those comments. She noted the District and staff met again this afternoon on the language that the Board has in front of it; there are three major issues, including single-family lots, future changes to the County?s Future Land Use Map, and existing development within presently designated commercial or industrial areas; conceptually and on a policy level, the District and staff agree in concept; but the language that the Board eventually adopts and the way it adopts it is definitely its prerogative. She advised what the District is looking at is permitting to protect the wetlands in the existing designated Future Land Use Map for industrial and commercial, and allowing the County?s existing policies to protect the wetlands as they exist in the areas that have not been designated. She noted the District agrees if someone presently owns a lot, they have the right to build on that lot; but it does not support the proliferation of the subdivision of people who own land larger than five acres to, by metes and bounds, subdivide that thereby promoting increased densities in wetland areas; if someone owns a lot right now, they have the right to develop it; and the District will permit that lot. Ms. Senne stated there are some very serious constraints given to the amount of fill and mitigation in those particular scenarios; but the District supports the existing Policy for densities in wetland areas of one to five acres; and if someone has an existing situation, the District would support allowing that one building unit to go on that lot if it is an existing condition. She noted the District and staff has hit the three areas the County has had problems with; and right now conceptually that is where the District and County staff have come to an agreement. She advised the District?s staff will be present at the workshop whenever the Board decides to have it.

Chairman Cook stated the Board appreciates the efforts of the District and County staff who have worked very hard.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to direct staff to schedule a workshop to discuss alternative language developed for 1995B Amendments to the Conservation and Future Land Use Elements prior to the deadline. Motion carried and ordered unanimously.

The meeting recessed at 3:35 p.m.

The meeting reconvened at 3:55 p.m.

PUBLIC HEARING, RE: ORDINANCE AUTHORIZING TEMPORARY USE AGREEMENTS

Chairman Cook called for the public hearing to consider an ordinance authorizing temporary use agreements.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Ordinance amending Chapter 62, ?Land Development Regulations?, Code of Ordinances of Brevard County, Florida; authorizing temporary use agreements in all zoning districts; providing for conflicting provisions; providing for severability; providing for area encompassed; and providing an effective date. Motion carried and ordered unanimously.

CONSIDERATION OF TEMPORARY USE AGREEMENT, RE: PORTABLE ASPHALT PLANT, ASSOCIATED EQUIPMENT AND MATERIALS

Robert Swann, 4345 April Lane, Mims, Vice President of North Brevard Horseman?s Club, stated he represents approximately 50 families; he sent a letter to the Board a couple of days ago; one of the issues that affects him is the flooding in the area; and with an asphalt plant, the effluent could come into his property area. He showed pictures of flooding in the surrounding area; and opposed the temporary use agreement with MacAsphalt.

John Tackett, P.O. Box 612, Mims, advised he is opposed to the portable asphalt plant; he does not want to breathe the asphalt fumes; his property is approximately 600 feet from the property in question; the plant should be placed in a different location; and it would be cheaper for the County if it had a place somewhere close to S.R. 528 where it would not have to transport trucks 25 miles each way.

Paul Gougelman, 1825 S. Riverview Drive, Melbourne, representing MacAsphalt/APAC-Florida, Inc., stated the Company is currently seeking a temporary use agreement; the purpose of such agreement is for resurfacing work that will be done in two locations; one is around S.R. 528 and the other is in North Brevard along I-95; MacAsphalt has tried to meet with some of the residents in the area; and there seems to be a feeling that the massive part of this project is going to be done around S.R. 528, but it is not. He noted about 60% of the actual work is going to be done in North Brevard adjacent to the site where this is proposed; and the area that is going to be benefited is the area where this temporary plant will be placed.

Geoff Scales, Project Manager and Estimator for MacAsphalt, stated also present with him is Pam Jones, Branch Manager of MacAsphalt in Melbourne, and Ken Dalton, Environmental Health and Safety Director; MacAsphalt has been in the road building business in Brevard County for 35 years; and during this time, it has had asphalt plants at five different sites within the County with little or no objection from surrounding neighbors. He noted the site at Mims has not been used as an asphalt plant in 22 years, but has been a tax revenue source for Brevard County during that time; the project duration is 230 days; asphalt trucks will leave and return to the plant directly off I-95; the plant is three years old, modern and quiet; and MacAsphalt earnestly wishes to be a good neighbor. He stated the disruption will be nothing like what it was when the overpass was recently widened; MacAsphalt will be there temporarily and leave the area just as it was; and the existing interstate will be freshly paved and smoothed for the next 20 years.

Ken Dalton, 6210 N. U.S. 1, Melbourne, Environmental Compliance Officer for MacAsphalt, provided information to the Board; stated this facility is listed by Environmental Protection Agency (EPA) as a minor source of air pollution and is listed as exempt from the new Clean Air Act under Title 5, meaning that it has limitations on pollution which are far below any standard in any county. He noted weekly maintenance and top-of-the-line pollution prevention equipment make this facility state-of-the-art, and it has an efficiency rating of 99.8%; as for the noise, they have done extensive testing of this new facility; and at the property lines, it does not exceed 50 decibels, whereas the passing traffic on I-95 exceeds 80 decibels. He noted there is little or no odor from asphalt fumes when it is being mixed at the facilities; the St. Johns River Water Management District requires MacAsphalt to have a 24-hour, 24-year flood retention on the facility; all potential contaminants are contained within secondary containment; and the County does not spec secondary containments on an annual basis at all locations. Mr. Dalton stated during the rainy season the facility will not be in operation due to the fact MacAsphalt cannot lay asphalt in the rain.

Mr. Gougelman stated in the County?s Ordinance, there are nine requirements that MacAsphalt has to satisfy in order to get a temporary use agreement; such Company has satisfied each of those; this is a Florida Department of Transportation (FDOT) project; there is a clear overriding public benefit; that is an important standard; and requested the Board approve the proposed request.

Jack Tolpen, 4475 Aurantia Road, Mims, stated he lives approximately 1,000 feet south of the proposed portable asphalt plant; and expressed his opposition to the plant in this location as he is concerned with potential health hazards, including cancer.

Attorney Richard Miller, 307 Palmetto Street, Titusville, representing Charles H. Williams, Jr. and his family, stated Mr. Williams? girlfriend has asthma; they have a two-month old baby; and they did not expect to have an asphalt plant in the location when they moved in a rural residential zoning area. He noted he also speaks on behalf of 75 other homeowners, tenants and property owners who have signed a petition which was given to the Board; some of the people are present today; it is true that many years ago, MacAsphalt did operate a plant on the site in question; that was approximately 22 years ago; but times have changed. He noted what was then a largely, vacant unimproved area is now largely residential in character; it is no longer a vacant area that will not be impacted by an industrial plant; at least 24 homes lie within the 1,000 feet of the site; many more homes in the general proximity of the site will be impacted; and his clients do not believe there will not be any noise, emissions, odor or traffic. He advised this is an industrial site; even if it is temporary in nature, it is totally incompatible with the residential character of the area around it; one of the real problems with asphalt is cancer; and there must be better sites somewhere in Brevard County than a site that is surrounded by rural residential homes. Attorney Miller presented pictures to the Board for its review.

Charles H. Williams, 5030 Williams Way, Mims, stated the people in the area do not want problems with traffic, noise, emissions, and water runoff, etc.; the petition before the Board opposing the request says it all; the zoning in the area is all residential, if not agricultural; the area has changed drastically over the past 20 years; and MacAsphalt needs to try and find another place to put the asphalt plant.

Mike Detter, 5140 Blounts Ridge Boulevard, Mims, stated the residents are concerned about the pollution, water runoff, etc.; they do not need trucks driving up and down the road as there are a lot of children in the area; when it rains hard, it floods the area; and the asphalt plant needs to be placed elsewhere.

Mr. Gougelman expressed appreciation to the Board for its consideration; stated this is an overriding public interest question before the Board; he and MacAsphalt respect the position of the residents; however, this facility will provide a direct benefit road-wise to the particular area where it will be placed; and it is only temporary and will be gone in 236 days under the agreement. He advised MacAsphalt will comply with all pollution regulations in the County.

Commissioner Scarborough stated if the Board does not approve this, MacAsphalt has arrangements with FDOT; it is only fair that the County communicate with the State and tell it as good neighbors, the County does not want to have any problems with the contract and allow them to find another site; and he would like to move that the request be denied.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to deny Temporary Use Agreement with MacAsphalt for a portable asphalt plant and related activities in conjunction with road improvements for S.R. 528 and I-95. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize the Chairman to send a letter to Florida Department of Transportation advising it that the Board desires the Department to work with MacAsphalt in giving the Company extensions in the Contract, if necessary, in order to find a site that is agreeable with the County. Motion carried and ordered unanimously.

Mr. Gougelman stated any efforts by the County would be appreciated; he and MacAsphalt have tried to communicate with FDOT; and they have serious questions as to whether or not anyone?s efforts are going to be successful.

DISCUSSION, RE: MERRITT ISLAND REDEVELOPMENT AGENCY

Richard Amari, Chairman of Merritt Island Redevelopment Agency (MIRA) Board, advised such Board at its last meeting voted to eliminate the Executive Director?s position; the motion that was made carried with it a condition that based on an offer it understood it had from County staff to receive temporary support and running down on a pared-down basis, assisting said Board with operations of the Agency; and the time period would not exceed six months. He noted it would allow the Agency Board to consider a plan that would provide a pared-down operation of the Agency which is designed to improve the financial condition of the Agency by reducing expenditures, allowing the tax increment revenues to continue to increase; this is as a result of a change in economic philosophy of the Agency Board; and such Board wishes to have the Agency go in a direction which will allow it to pay off its debt service with a minimal operating basis and improve its financial condition in such a fashion to allow it to be in a position to meet the goals and objectives of the MIRA plan that has been set forth by the Agency. Mr. Amari advised the request by the Agency Board is to allow County staff to assist it on a short-term basis, not to exceed six months, to formulate a plan which would provide for a pared-down operation; and this was the action of the Agency Board.

Commissioner Ellis inquired if the Agency does not have any money, what is it going to do with County staff for six months. Mr. Amari clarified it is not that the Agency does not have money; it has tax increment revenue which provides the source of its budget; this is emanated from a change in economic philosophy of the Agency Board; the prior Agency Board had financed capital improvements through the use of a loan with SunTrust; as a result of that financing and the failure of tax increment revenue to meet recent expectations, the financial condition of MIRA has suffered such that the Agency Board finds itself in the position of only being able to cover current debt service and operations of such Board, but not to be able to meet any of the other objectives or goals in the significant manner that has been set forth by the plan. Commissioner Ellis inquired what is the Agency operating said Board for if it does not have any money to do anything else; with Mr. Amari responding that is the whole point and is what the Agency is attempting to change. Mr. Amari stated the Agency Board believes by its action, it will be able to place the Agency in a position by reducing operating expenses by coming down with a pared-down operation, to restructure the expenditures in such a way to improve the revenue versus expenditure outlook to pay down debt service at the time while interest rates are low to get itself in the position to then be able to achieve the objectives of the plan. Commissioner Ellis inquired would the way to do that be to put the Agency into hibernation for a couple of years and pay down on the debt; with Mr. Amari responding it is an alternative and is one the Agency looked at, but rejected. Mr. Amari stated the Agency Board believes total hibernation would be a mistake and unnecessary because there are goals and objectives that can be accomplished on a much pared-down basis; and it is important for that to go on. Commissioner Ellis stated the County Commission did not see a budget change request; during the budget hearings in the summer, the Commission budgeted ?x? amount of dollars for the Director?s salary; and inquired if that position is to be kept open, where are those dollars being transferred to in the budget. Mr. Amari responded part of the purposes of this temporary time frame would be to work with staff to re-look at that budget; they would have to come back to the Commission with that; and the whole idea is to re-think the way in which the Agency operates and to have the opportunity to come back to the Commission with a pared-down operating plan which would detail an alteration in the budget.

Commissioner Higgs inquired is MIRA offering the County further compensation for added staff time; with Mr. Amari responding not at this time and it was only looking at it on a temporary basis to get someone in the lead role that could take over on a permanent basis.

County Attorney Scott Knox stated the current services Contract that MIRA has with the County Commission provides for Greg Lugar?s services as supervisor of the Executive Director for no cost; and it was his opinion that the County Manager has the authority to let Mr. Lugar continue to provide that service at no cost for six months, unless the Commission wants to change it. Commissioner Ellis stated that is not what MIRA is asking; if Kurt Easton is gone, then Mr. Lugar no longer supervises Mr. Easton; and MIRA is asking for Mr. Lugar to assume the role of Executive Director on a part-time basis. He noted someone has to be in charge and run the Agency. Attorney Knox stated the supervisory capacity that Mr. Lugar occupies under that Contract includes the ability to supervise all activities that Mr. Easton was involved in under his responsibilities under Chapter 163, which includes everything he does; Mr. Lugar was supposed to be overseeing everything Mr. Easton did anyway; and it is not a profound step for him to go in and take over some of those responsibilities at this point.

Commissioner Higgs noted she believes it is a very different step. Attorney Knox stated contractually, it is within the Contract at this point; and if the County wants to change the Contract, that is a different issue. Commissioner Higgs stated Attorney Knox?s interpretation of the services the County is providing today and what it is being asked to provide under the request from Mr. Amari are very different; the County is being asked to provide staff without compensation and also office space; and she has a problem with that. She noted if the Commission is being asked to provide staff, it might as well serve as the MIRA Agency Board; and it has that ability within the Ordinance to do that. Commissioner Ellis stated the space issue was resolved a year ago; and the Commission gave the Agency authorization to bail out of Merritt Square and go elsewhere.

Stan Allen, 1255 W. Scots Avenue, Merritt Island, member of the Board of Directors of MIRA, stated at the time the motion was made by MIRA to eliminate the Executive Director?s position, it was made with the understanding, expressed by Chuck Maxwell, that services of the County and space from the County would be provided to MIRA free of charge; and that was a basis for the motion. He noted the main objective of all of this effort on behalf of Commissioner O?Brien and Mr. Maxwell has been to reduce the costs of the Agency and to get the debt paid off; he agrees with Commissioner Ellis that if there is no Executive Director, there is no work being done; and there would have to be somebody brought in to do the work that he was doing if the program is going to be continued. He noted the best way to achieve the objective of reducing costs and eliminating the debt is to cancel the MIRA Board, let the County Commission take over as the acting board, and when the debt has been paid off with the incremental funds, it can then reinstitute a MIRA independent board if the Commission desires.

Norma Adams, 801 S. Brevard Avenue #G, Cocoa Beach, commented on different issues that took place at the last MIRA meeting; stated she is a friend of Mr. Easton?s; and he is getting a bum deal.

James Hooper, 1515 N. Indian River Drive, Cocoa, requested the County Commission not do away with MIRA as it is needed; and stated it should be there for continued growth and orderly development of the area.

Chuck Maxwell, 140 Minna Lane, Merritt Island, concurred with Mr. Amari?s comments; stated the issue is not Mr. Easton; it is the matters that Commissioners Higgs and Ellis mentioned; it would be a very serious mistake for the County Commission to take over the MIRA Board functions; and such Board is very competent. He noted the Commission does not need the burden of responsibility that the existing MIRA Board is willing to undertake; he sees no benefit in it; and the genesis of the reasoning behind restructuring the Agency is the letter from SunTrust Bank regarding the line of credit and debt service. he stated Mr. Lugar supervises MIRA?s activities as they are run by the Executive Director; there is no charge for that; he is a very capable man and his job with the County is economic development; MIRA is economic development and redevelopment; and Mr. Lugar is doing his job by supervising. He noted MIRA is not asking for Mr. Lugar to move over and take over the job permanently; and it is merely requesting the County assist MIRA in this transitory period when it is trying to do what the Commission wants which is to cut government expenses. Mr. Maxwell stated the MIRA Board has the capability and talent to cut expenses so it can come to the County Commission at budget time and show it a lean organization that needs to continue under the control of Merritt Islanders on Merritt Island.

Commissioner Ellis stated he voted against the line of credit when the Agency came before the County Commission as it is an obligation to the County?s General Fund no matter what happened to MIRA. He noted he cannot believe that the Agency is looking to borrow more money; if it is trying to get its debt coverage up to borrow more money, that is insane; he has never liked the line of credit as it is a long-term debt without voter approval; and he is not going to support MIRA borrowing any more money.

Commissioner Higgs stated to the best of her recollection, the County Commission has taken no position, other than dealing with the budget and office space, in regard to MIRA?s issues.

Kurt Easton, 1000 S. Atlantic Avenue, Cocoa Beach, stated MIRA has a tremendous amount of support in the community and has been able to accomplish things; and he would like to set the record straight as it relates to MIRA?s financial condition. He advised current estimates from the Finance Department show after meeting total expenses that were budgeted for this year and approved by the County Commission, including this first year?s debt service on the line of credit, MIRA is expecting to have a $63,000 cash forward for next fiscal year; so this year?s budget is completely taken care of. He noted there may be some long-term issues that need to be addressed pertaining to financing, but there are several factors that have been left out of the equation; and there is time for those factors to have an impact. He noted such factors include projects that are currently under construction and/or going through the approval process that will increase tax increment revenues in the short-term future; MIRA could continue to operate for the next two to three years, even given the existing budget, before having to make this critical decision as to what is going to be done with the long-term financing; so this is not a critical situation the way it has been portrayed.

Mr. Easton stated this merely is an excuse to do what has been an objective of one of the Commissioners for quite some time.

Motion by Commissioner Ellis, to terminate the line of credit regarding the Merritt Island Redevelopment Agency. Motion died for lack of a second.

Commissioner Scarborough stated as to the County Commission taking over MIRA, he is opposed to it; it is best to function as an entity on Merritt Island; and he was not elected from Merritt Island and does not know the problems of Merritt Island.

Commissioner Higgs stated short of the County Commission taking over MIRA, she does not know how the County gets to the bottom of some of these financial issues that are impacting MIRA, including the issue of how the tax increment monies are used and how the line of credit is currently used; so the only course of action is for the Commission to take over. She noted she is not out looking for additional things to do; the Commission has plenty of tasks; however, this has taken a number of hours of time to deal with it; and she is willing on an interim basis for the Commission to take over, look at the issues, and determine, with input from the community, where the Agency is going. She stated she cannot support the County providing its staff for the Redevelopment Agency without compensation, continuing to see the other funds being used for the redevelopment process; it is not right; therefore, she cannot support the request by MIRA for County staff to provide that. Commissioner Higgs stated that throws it back into MIRA?s ballpark; but then it is not getting anywhere productive; and that is why she proposes the County Commission serving for an interim period to determine the best management practices and the best way to also foster redevelopment for the Merritt Island area.

Commissioner O?Brien stated MIRA should be run by the citizens of Merritt Island; Merritt Island continues to need this Agency; the goal and job of the Agency has not been completed; and it would not be fair to the residents of Merritt Island to not take over the only Agency they have to improve a District that is slowly, economically being drained. He noted the Agency knows it has to make a plan to reorganize; he is very happy with its last actions; it has a mission to revitalize a very large section f the commercial district which, for years, has been steadily declining in property values; and MIRA itself is a win-win for the Island and the citizens of Brevard County.

Commissioner Ellis stated it is not a win-win situation if the debt spirals out of control and the General Fund has to pick up the difference; that was his argument when the County went into this line of credit agreement before; he does not have any desire for the County Commission to run MIRA; but if the line of credit is going to be kept open, he will sit on the MIRA Board because he is not going to go through this and put the County taxpayers through this thing again; and the line of credit needs to be terminated.

Commissioner O?Brien stated the MIRA Board has made a very intelligent management decision; it is looking at cutting its costs; it has made every effort, in good faith to the County Commission, to do exactly the right things so the Commission would not be saddled with MIRA?s debt; and when it comes time that MIRA has to again borrow money for a specific project, the County Commission will be advised of it before that occurs; and MIRA is trying to alleviate any further problems with the bank and pay down the debt.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to terminate the line of credit.

County Attorney Scott Knox stated if the County Commission is going to do that, it needs to take over and become the MIRA Board as MIRA is authorized to borrow that money. Commissioner Ellis noted MIRA is authorized by the Commission to borrow that money. Attorney Knox requested time to check on the issue and look into the legalities before the motion is acted on. Commissioner Scarborough requested the County Manager also provide the Commissioners with a copy of the Agreement providing Mr. Lugar?s services. He inquired has anyone done an analysis on the payoff on the remainder of the debt; with Mr. Jenkins responding negatively.

The meeting recessed at 5:20 p.m.

The meeting reconvened at 5:47 p.m.

Attorney Knox advised the County Commission adopted a Resolution in 1992 which authorized the issuance of the line of credit and allowed MIRA to take out the line of credit; the Resolution was issued in accordance with the provisions of Chapter 163 which authorized the Commission to approve revenue bonds, although that was not technically a revenue bond; apparently, the Counsel for the bank required it in order to make sure MIRA had the appropriate authority; and consequently, it is probably within the Commission?s authority to take the kind of action it is talking about, but to authorize staff to take whatever steps are appropriate to terminate the line of credit at this point. He noted the only thing the Commission needs to concern itself about is that the letter of credit has a balloon payment due in the near future; and that may require either refinancing or some kind of repayment.

Commissioner Scarborough stated the Commission wants to see that additional amounts are not drawn on the line of credit.

Commissioner Higgs stated the motion would be to limit the line of credit to that which is currently owed as opposed to terminating the line of credit. Commissioner Ellis noted it would be whatever staff comes back with on the language so there cannot be more money borrowed. Attorney Knox suggested the Commission allow him to discuss the issue with the bank.

Chairman Cook stated there is a consensus that the County Commission does not want any more borrowing from MIRA until this situation is resolved; and it would have to come back to the Commission.

Motion by Commissioner Higgs, seconded by Commissioner Elis, to allow Mr. Easton to address the County Commission. Motion carried and ordered unanimously.

Kurt Easton advised MIRA had a three-year draw down period on this line of credit; that expired in December; therefore, MIRA does not have any capability of borrowing any more money on this particular line of credit; so that is now completed; and he does not know if the Commission needs to make a motion pertaining to this particular line of credit.

Commissioner Ellis noted as of today, there is no ability for MIRA to borrow any more money; with Mr. Easton responding that is correct with this banking institution under the terms of this existing Agreement.

Commissioner Ellis stated he would appreciate it if staff can verify that the Merritt Island Redevelopment Agency (MIRA) can no longer borrow money against the line of credit.

Chairman Cook advised he will support the County Manager?s memorandum; this is an interim-type situation; and it is appropriate to intervene at this point.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to allow Mr. Amari to address the Board. Motion carried and ordered unanimously.

Mr. Amari stated it is not intended that staff would now step in and take over a full-borne operation of MIRA; and what was intended by the action was that there would be a temporary cessation and a halt of on-going operations long enough to allow the MIRA Board to assess the situation and come up with a plan that includes how it is going to operate, and service and repay the debt. He noted the whole purpose is basically to allow MIRA to temporarily cease operations and operate on a very minimal basis; its next plan of action is to come up with a restructured plan on how it is going to operate from this point forward; and such plan will come back to the County Commission. Mr. Amari stated this action is intended to bring a temporary paring-down of operations; what MIRA intends to do for the next short-term interim basis is to focus all of its efforts and energies on coming to the County Commission with a plan that will envision getting MIRA to an operating basis where it is self-sustaining and financially healthy, not at a cost to the County general coffers; and that is what the Agency hopes to accomplish.

Discussion ensued on financing, marketing, project and repayment plans, economic philosophy, debt service, financial analysis, community input, available resources, privatization, revitalizing and streamlining.

Motion by Commissioner O?Brien, seconded by Commissioner Cook, to authorize Economic Development and Legislative Affairs Director Greg Lugar to facilitate MIRA, as outlined in the County Manager?s memorandum, to develop a new plan of operations.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to amend the motion to include a period of four months, Mr. Lugar billing his services at a rate commensurate with his salary plus his overhead carrying charges, including office electricity, etc., the resources of Finance Department and Tom Holley offered to MIRA on the same basis, and MIRA providing the County Commission with a report on MIRA?s financial status at the conclusion of the four-month period. Motion carried and ordered unanimously.

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

DISCUSSION, RE: CITY OF COCOA WATER RATES LEGISLATION LITIGATION

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve that the County intervene in the case regarding the City of Cocoa Water Rates Legislation Litigation. Motion carried and ordered unanimously.

PROCEDURE, RE: ACKNOWLEDGING ANNEXATIONS

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Option 3, to retain current procedure whereby all annexation ordinances are placed on the Board?s agenda for acknowledgment.

Commissioner Higgs stated she believes there is some advantage to having this on the agenda for acknowledgment as it is then a more public issue. Commissioner O?Brien stated he wants to make sure this includes the infrastructure and the roads as there is a continuing problem of annexations and leaving the County with the roads and infrastructure. Commissioner Ellis stated he does not know what role the Board has, even if it sees these annexations on the agenda; with Commissioner Higgs responding very little. Commissioner Ellis noted since there is little the County can do, it does not make sense to put it on the agenda.

Chairman Cook inquired what about the idea of road maintenance and so forth. Growth Management Director Sue Hann responded if the County is notified in a timely manner, it routes the annexation through the Public Works Department and comments back to the cities on the infrastructure issues. Ms. Hann advised in the past, staff has not been notified in a timely manner and it has been unable to resolve that situation; but in the future, it is coordinating better with the cities on that. County Manager Tom Jenkins stated all the County can do is comment on the roads and infrastructure.

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

RESOLUTION, RE: SUPPORTING HOUSING AUTHORITY?S REQUEST FOR RELEASE OF HARRY T. MOORE CENTER FROM HUD

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to adopt Resolution supporting the Housing Authority of the City of Cocoa in its effort to obtain release of all interest of the U.S. Department of Housing and Urban Development in the Harry T. Moore Center to enable the Housing Authority to transfer ownership to the Child Care Association of Brevard County, Inc. for the public purpose of child care for low income families. Motion carried and ordered unanimously.

TASK ORDER NO. 2 WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC., RE: ENGINEERING SERVICES FOR SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT PLANT EXPANSION

Commissioner Ellis inquired is this all the way through final construction for engineering services; with Water Resources Director Richard Martens responding affirmatively.

Chairman Cook stated the location of the site for the disposal has not yet been established at this time. Mr. Martens advised one of the first tasks will be evaluating potential sites and making that decision; and it will happen in the very near future. Chairman Cook noted it will have to come back to the Board for approval; with Mr. Martens responding affirmatively. Chairman Cook stated if the County did not get a favorable negotiation on a particular parcel, then it would move to other parcels; with Mr. Martens responding that is correct. Chairman Cook noted he does not want the costs to escalate on the site because the Board has taken this action; it has not committed to a site at this point; the Board wants to get the best deal for the County on the land that would have to be purchased for this; and inquired does staff foresee a problem with that. Mr. Martens responded he does not see a problem; and there are probably numerous sites the County can select from.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to approve Task Order No. 2 with Post, Buckley, Schuh & Jernigan, Inc. for design, permitting, and construction services for the South Central Regional Wastewater Plant expansion. Motion carried and ordered unanimously.

DISCUSSION AND DIRECTION, RE: COST-CUTTING IDEAS/SUGGESTIONS FROM COUNTY DEPARTMENTS

County Manager Tom Jenkins summarized the various cost-cutting ideas/suggestions from County Departments, including air conditioning buildings all night, courier services, placing timers on all outdoor lighting, using jail trustees for janitorial services, and not providing medical insurance for employees and instead giving them a raise, not to exceed current premium.

The Board requested the County Manager explore whether or not the issue of affording County employees the opportunity to opt out of the group health insurance program can be addressed in the contract with the next health care provider.

RESOLUTION, RE: ESTABLISHING CITIZENS ADVISORY COMMITTEE ON IMPROVED ACCESS TO GOVERNMENT INFORMATION USING INFORMATION TECHNOLOGY

County Manager Tom Jenkins stated the Board has already approved this; and this formally adopts the Resolution.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to adopt Resolution establishing the Citizens Advisory Committee on Improved Access to Government Information Using Information Technology.

Chairman Cook stated he has one additional appointee which he will bring to the Board at the next meeting. He called for a vote on the motion. Motion carried and ordered unanimously.

RESOLUTION, RE: STATE QUALIFIED TARGET INDUSTRY TAX REFUND PROGRAM

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt Resolution recommending approval of U.S.B.I. as a Qualified Target Industry Business as defined by Florida Statutes, and requesting that the required local match be waived and matched through Brevard County?s Economic Development Tax Abatement Program. Motion carried and ordered unanimously.

RESOLUTION, RE: REQUESTING CLINTON ADMINISTRATION TO CEASE FURTHER NEGOTIATIONS WITH THE UKRAINE AND RUSSIA TO INCREASE THEIR LAUNCH QUOTA

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to adopt Resolution expressing concern about the proposed increase in emerging non-market economy commercial launch competition, and requesting the Clinton Administration to cease negotiations with Ukraine and Russia to increase their launch quota which could reduce or eliminate employment opportunities for Brevard County citizens, as amended. Motion carried and ordered unanimously.

The meeting recessed at 6:55 p.m.

The meeting reconvened at 7:08 p.m.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING ADMINISTRATIVE WAIVER AUTHORITY ON LOT SETBACKS AND LOT SIZE REQUIREMENTS

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to deny the request for permission to advertise a public hearing to consider an ordinance amending administrative waiver authority on lot setbacks and lot size requirements.

Richard Beyer, 7020 Jasmine Avenue, Cocoa, stated the current ability for the administrative waiver at this time is if the error is 10% of the setback or less if the structure is 20% of the total lot coverage; and basically what that does is if someone met all the requirements, they could build a structure in the center of the lot and no one would say anything. He noted in almost all lot cases, someone could probably build a structure that would cover 60% of the entire property and still meet the County?s requirements without a problem; so in the effect of the 20% of the lot coverage, what is beginning to happen now is the lots are smaller in some cases; but the trend in the County has been bigger homes; and the way the Ordinance reads now, it includes everything under roof. He stated he is caught in this type of situation now; this is his first encroachment; and requested the Board approve the item.

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

Motion by Commissioner Ellis, seconded by Commissioner O?Brien, to grant permission to advertise a public hearing to consider an ordinance amending administrative waiver authority on lot setbacks and lot size requirements. Motion carried and ordered unanimously.

APPROVAL OF POLICY, RE: CONTINUED USE OF TEMPORARY RESIDENCE AFTER ISSUANCE OF CERTIFICATE OF OCCUPANCY

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Policy relating to continued use of temporary residence after the issuance of Certificate of Occupancy of the new residence, not to exceed 45 days. Motion carried and ordered unanimously.

REVIEW AND RECONSIDER, RE: CONTINUED USE OF TEMPORARY RESIDENCE AFTER ISSUANCE OF CERTIFICATE OF OCCUPANCY

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to review and reconsider staff recommendations for the Owner-Occupied Housing Rehabilitation and Homeowner Repair Assistance Program Policies and Procedures, approved and amended by the Board on November 14, 1995; amend language ?Brevard County being their primary residence? to read ?Brevard County being their permanent residence.? Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to approve 65% of median income. Motion carried and ordered; Commissioner Ellis voted nay.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve $10,000 threshold for repairs. Motion carried and ordered; Commissioners Cook and Ellis voted nay.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: AMENDMENTS TO MERIT SYSTEM RULES

Attorney Claire Myers, 1273 S. Florida Avenue, Rockledge, stated she feels it is inappropriate to advertise this item and Item III.D. 16, Permission to Advertise Public Hearing on Amendments to Brevard County Code, Chapter 82, Personnel, at this time as it is premature; and several of the changes that are proposed are not well advised. She noted should this matter be advertised, she would request the public hearing be held in the evening so that County employees can attend; and such hearing be set for a time certain. She stated another option would be to exclude certain changes she objects to in the career service, including the layoffs and disciplinary actions from the advertisement, and to establish specific grandfathering provisions.

Pat Martin, P.O. Box 54-2070, Merritt Island, stated he is appalled that the Board did not reconvene the Growth In Government Committee or a similar committee as an oversight to this ambitious undertaking by the County Manager; the proposed revisions are so pervasive and extensive that he recommends the Board establish a special committee to consider each proposed revision; and a survey of County employees needs to be undertaken before any major changes are made to the Merit System Rules. He noted on Page 4 of his recommendations, it includes that the County organization and its merit system be restructured; the new system does not contain a whistle blowers? provision; and the Board needs such a rule and order that it may, once and for all, actually be told the truth about what is going on. Mr. Martin recommended the Board carefully review this issue.

Commissioner Scarborough stated there is a great deal of concern out there with employees; he would request the item be heard at an evening meeting; and it be stated in the County newsletter that the employees are encouraged to attend the meeting if they have any concerns.

Motion by Commissioner Higgs, to delete changes to the appointed service/career service setup.

Chairman Cook stated the County needs to make sure everyone has full input in the process. Commissioner Scarborough stated there is a fear that the County employees cannot approach the Commissioners; and maybe some of the problems will go away if the County takes away the idea that an employee cannot talk to a Commissioner and is precluded from coming to a Commission meeting discussing this issue. Chairman Cook stated perhaps the County can defer the item until the next evening meeting, and County employees can attend such meeting and address the Board. Human Resources Director Frank Abbate stated staff can provide a better explanation of the changes; the reason the Board did not receive a strike out and underline with this version is because such version is in the Board?s policy format; the whole format for how the rule reads is a lot different from the old one; and staff will go through it page by page and provide a paragraph synopsis of all the changes for the Board as well as having it distributed as part of the Employee Advisory Committee minutes so employees have the opportunity to see the changes.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to table permission to advertise public hearing to consider proposed amendments to the Merit System Rules, including the removal of procedures from the rules, and retitling the remaining document Merit System Policies, until the March 12, 1996 Board Meeting at 5:30 p.m. as the first item of business. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: AMENDMENTS TO BREVARD COUNTY CODE, CHAPTER 82, PERSONNEL

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to table permission to advertise public hearing to consider proposed amendments to Chapter 82, Personnel, of the Brevard County Code, to conform with proposed amendments to the Merit System Rules, including removal of procedures from the Rules, and retitling the remaining document Merit System Policies, until the March 12, 1996 Board Meeting at 5:30 p.m. as the first item of business. Motion carried and ordered unanimously.

APPROVAL OF REVISED POLICY BCC-24, RE: PROCUREMENT

Commissioner O?Brien suggested the County maintain the standard verbiage to be exactly what it always has been for requests for proposals, bids, and quotes, etc.

Management Services Director Michael Managan stated if the County Manager concurs, it is all right with County staff also.

Commissioner Higgs inquired is Commissioner O?Brien comfortable with the level of dollar figures, including the threshold of $35,000 and the threshold which the County Manager can approve; with Commissioner O?Brien responding he still feels it is too low, and $50,000 is adequate in order to conduct the day-to-day business; otherwise, everything comes back to the Board. He noted sometimes the Commission has to put responsibility where it belongs. Commissioner O?Brien requested the verbiage remain as it was so there is no confusion to the public.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to approve revised Policy BCC-24, Procurement. Motion carried and ordered unanimously.

APPROVAL OF PURCHASE ORDER TO COLLINS & AIKMAN, RE: REPLACE CARPET IN CLERK?S OFFICE, MODULAR BUILDINGS 2 AND 4

Commissioner O?Brien stated the carpet is only eight years old at this time; the modulars came with a one-year warranty; the carpet was cheap; and the new carpet is going to have a 20-year warranty.

Chairman Cook stated he has a problem with the item as the carpet is $99,000; he does not know why the County is not going out to local vendors and seeing what local people can bid on a project that big; and this particular one is under state contract.

County Manager Tom Jenkins stated he would like to see the County bid this locally also. Commissioner Higgs inquired what if the bid comes in higher; with Mr. Jenkins responding the Board will have that choice to make.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct staff to go out for bids locally for replacement of carpet in Modulars 2 and 4 at the North Brevard Service Complex. Motion carried and ordered unanimously.

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

Commissioner Ellis requested each Commissioner receive the information on the workers? compensation settlement with Brenda Bonds; and stated it is an unbelievable set of circumstances.

Commissioner Higgs inquired is the County aggressively investigating these cases; stated some companies that are being stuck with exorbitant workers? compensation claims are doing investigations extensively and videotaping people; and inquired is the County doing everything it can do.

County Manager Tom Jenkins stated staff will provide the Board with a report on what is done and how staff handles and investigates them.

Commissioner Ellis stated perhaps the County can put something in its legislative package to try and address this or see if it has been addressed; this particular workers? compensation claim is absolutely incredible; and it is very frustrating.

Chairman Cook stated he is willing to defer this until the next meeting to receive a report from the County Manager.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to table workers? compensation settlement with Brenda Bonds until the Board receives a report from staff on how it handles and investigates workers? compensation cases. Motion carried and ordered unanimously.

PERMISSION TO ATTEND, RE: ESTUARY COMMITTEE MEETING

Chairman Cook stated he will be attending the Growth Committee on February 8, 1996; it is the same day that the Estuary Committee is meeting; and he has given his proxy to Stephen Peffer.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to authorize Assistant County Manager Stephen Peffer to represent the Board at the Estuary Committee meeting on February 8, 1996. Motion carried and ordered unanimously.

DISCUSSION, RE: TRAVEL FOR COMMISSIONER O?BRIEN

Commissioner O?Brien stated he has a friend who can fly him to Jacksonville, Florida on February 8, 1996; it would cost him approximately $100 for his share of the gas; if he drove his personal vehicle, it would cost him approximately $127; and inquired if the Board sees any problem with him flying to Jacksonville instead of driving.

Chairman Cook inquired would there be a policy problem; with County Manager Tom Jenkins responding as long as Commissioner O?Brien submits a receipt to pay off of.

WARRANT LIST

Upon motion and vote, the meeting adjourned at 8:16 p.m.

MARK COOK, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

ATTEST:

SANDY CRAWFORD, CLERK

(S E A L)