The Board of County Commissioners of Brevard County, Florida, met in regular session on March 4, 1997, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Randy O'Brien, Commissioners Truman Scarborough, Nancy Higgs, Mark Cook, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Father Richard Pobjecky, St. Gabriel's Episcopal Church, Titusville, Florida.

Commissioner Voltz led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve the August 1, 6, 8, 13, 20, and 27, 1996 Regular Meetings, August 12, 1996 Special Meeting, and August 29, 1996 Zoning Meeting, as prepared. Motion carried and ordered unanimously.

PERMISSION TO UTILIZE AND ISSUE RFP AND APPOINT SELECTION COMMITTEE, RE: CONSTRUCTION MANAGER FOR OFFICE RENOVATIONS TO BUILDING D AT GOVERNMENT CENTER (VIERA)

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize utilization of a construction management delivery system, issuance of a request for proposals, and appointment of a Selection Committee consisting of Henry Minneboo, Jr., Ed Washburn, Katherine Harasz, Hugh Muller, and Facilities Construction Director or their designess to select a construction manager for office renovations to Building "D" at the Government Center in Viera; and appoint Ed Washburn, Katherine Harasz, Hugh Muller, and Facilities Construction Director or their designees to the Negotiating Committee to negotiate with the No. 1 firm; and if negotiations are not successful, to negotiate with the next ranked firm until a negotiated price is agreed upon. Motion carried and ordered unanimously.

APPROVAL, RE: AGENDA FORMAT REVISIONS

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve revised

agenda format to rename Section II, Personal Appearances, to Resolutions and Awards and rename Section VIII, Public Comments, to Personal Appearances and Public Comments; and direct the County Manager to report back to the Board on defining the policy for Personal Appearance Requests and other requests from individuals requesting Board action. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING LADY PANTHER'S DAY

Commissioner Higgs read aloud a resolution proclaiming March 7, 1997 as Lady Panther's Day in Brevard County.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution proclaiming March 7, 1997 as Lady Panther's Day in Brevard County and expressing sincere best wishes to the team, their coach, and fans. Motion carried and ordered unanimously.

APPOINTMENT, RE: EMPLOYEE BENEFITS ADVISORY COMMITTEE

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to appoint David Keldsen to the Employee Benefits Advisory Committee, with term of appointment expiring December 31, 1997. Motion carried and ordered unanimously.

LETTER, RE: SECRETARY OF FLORIDA DEPARTMENT OF HEALTH

Chairman O'Brien requested permission to sign a letter to the Secretary of Florida Department of Health pertaining to current enforcement of 10-D6 of the Florida Administration Code.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorize the Chairman to send a letter to Dr. James T. Howell, Secretary of the Florida Department of Health, and Legislative Delegation members regarding the current enforcement of 10-D6 of the Florida Administrative Code. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - COMMANDER GEORGE WILSON, BREVARD COUNTY SHERIFF'S DEPARTMENT, RE: COMMENDATION RESOLUTIONS

Commissioner O'Brien read aloud resolutions commending Commander George Wilson and Chief Ron Clark, formerly of the Brevard County Sheriff's Department, expressing appreciation for their years of dedicated service to Brevard County.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolutions recognizing the achievements of Chief Ronald L. Clark and Commander George S. Wilson during their years of law enforcement service to the citizens of Brevard County, and extending its sincere appreciation for their dedicated public service. Motion carried and ordered unanimously.

Commander George Wilson stated he is very proud to have served Brevard County and its citizens; and it has been a pleasure working with the Board and the County.

AGREEMENT WITH ANNE BROWN, RE: CANAVERAL GROVES SECTION 20 IMPACT FEE FINANCING

Motion by Commissioner Voltz, seconded by Commissioner Cook, to execute Agreement with Anne Brown for Canaveral Groves Section 20 impact fee financing. Motion carried and ordered unanimously.

AGREEMENT WITH HEIDI SILBERNAGL, RE: CANAVERAL GROVES SECTION 20 IMPACT FEE FINANCING

Motion by Commissioner Voltz, seconded by Commissioner Cook, to execute Agreement with Heidi Silbernagl for Canaveral Groves Section 20 impact fee financing. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH EDWARD TIETIG, RE: SERNA AVENUE EXTENSION B

Motion by Commissioner Voltz, seconded by Commissioner Cook, to execute Unpaved Road Agreement with Edward Tietig for construction of a road in existing County right-of-way to the standards of Unpaved Road Ordinance No. 96-25, subject to minor engineering changes as applicable. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF ORDINANCE FROM CITY OF TITUSVILLE, RE: VOLUNTARY ANNEXATION

Motion by Commissioner Voltz, seconded by Commissioner Cook, to acknowledge receipt of Ordinance No. 1997-2A from the City of Titusville for voluntary annexation of two (2) parcels of property. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF ORDINANCE FROM CITY OF MELBOURNE, RE: VOLUNTARY ANNEXATION

Motion by Commissioner Voltz, seconded by Commissioner Cook, to acknowledge receipt of Ordinance No. 96-72 from the City of Melbourne for voluntary annexation of property. Motion carried and ordered unanimously.

RESOLUTION AND LEASE AGREEMENT WITH FLORIDA EAST COAST RAILWAY COMPANY, RE: LEASE OF SPACE FOR ROAD ENCROACHMENT AT EAST RAILROAD AVENUE IN SHARPES

Motion by Commissioner Voltz, seconded by Commissioner Cook, to adopt Resolution and execute Lease Agreement with Florida East Coast Railway Company for lease of space for road encroachment at MP 167+3444', East Railroad Avenue in Sharpes. Motion carried and ordered unanimously.

CONTRACT MODIFICATION #3 WITH RANGER CONSTRUCTION INDUSTRIES, RE: MINTON ROAD WIDENING, PHASE II

Motion by Commissioner Voltz, seconded by Commissioner Cook, to execute Contract Modification #3 with Ranger Construction Industries, decreasing contract amount by $4,098.90, and approve final payment in the amount of $586,159.78. Motion carried and ordered unanimously.

QUIT CLAIM DEEDS TO B. B. NELSON, TRUSTEE, AND F. ROSELLE LAMB, TRUSTEE, RE: CONVEYING DRAINAGE EASEMENTS IN THE VICINITY OF GRISSOM ROAD

Motion by Commissioner Voltz, seconded by Commissioner Cook, to execute Quit Claim Deeds in favor of B. B. Nelson, Trustee, and F. Roselle Lamb, Trustee, conveying a portion of an easement in the vicinity of Grissom Road that was previously quit claimed to the County. Motion carried and ordered unanimously.

RESOLUTION AND WATER LINE EASEMENT WITH FLORIDA CITIES WATER COMPANY, RE: SOUTH MAINLAND (MICCO) LIBRARY

Motion by Commissioner Voltz, seconded by Commissioner Cook, to adopt Resolution and execute Water Line Easement with Florida Cities Water Company for the South Mainland (Micco) Library. Motion carried and ordered unanimously.

ASSIGNMENT AGREEMENT FROM EDUCATED DESIGN OF FLORIDA, INC. TO HOLEMAN SUMAN ARCHITECTS, INC., AND EXTENSION OF GRANT, RE: DESIGN AND CONSTRUCTION ADMINISTRATION FOR WEST MELBOURNE PUBLIC LIBRARY

Motion by Commissioner Voltz, seconded by Commissioner Cook, to execute Assignment Agreement from Educated Design of Florida, Inc. to Holeman Suman Architects, Inc. for design and construction administration of the new West Melbourne Public Library; authorize staff to request an extension of the Florida State Library Construction Grant; and authorize the Chairman to execute the Assignment Agreement. Motion carried and ordered unanimously.

APPROVAL OF BUDGET CHANGE REQUEST, RE: EASY STREET PAVING AND DRAINAGE IMPROVEMENTS

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve Budget Change Request transferring funds for Easy Street Paving and Drainage Improvements on Merritt Island from Community Development Block Grant Fund 1600. Motion carried and ordered unanimously.

APPROVAL TO ADD POSITIONS TO MERIT SYSTEM APPOINTIVE SERVICE, RE: GOLF PRO MANAGER

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve adding Golf Pro Manager positions to the Merit System Appointive Service to affect future vacancies only and not change the Career Service status of current incumbents in positions of Golf Pro Managers. Motion carried and ordered unanimously.

RESOLUTION AND AGREEMENT WITH EAST MIMS PROGRESSIVE CIVIC LEAGUE, INC., RE: USE OF CIVIC ROOM AND ANNEX AT CUYLER PARK

Motion by Commissioner Voltz, seconded by Commissioner Cook, to adopt Resolution and execute Agreement with East Mims Progressive Civic League for use of the civic room and annex at Cuyler Park from March 4, 1997 through February 28, 1998. Motion carried and ordered unanimously.

RESOLUTION AND AGREEMENT WITH CITY OF TITUSVILLE, RE: USE OF PORTION OF KENNEDY POINT PARK FOR WELCOME TO TITUSVILLE SIGN

Motion by Commissioner Voltz, seconded by Commissioner Cook, to adopt Resolution and execute Agreement with City of Titusville for use of a portion of Kennedy Point Park for a Welcome to Titusville sign. Motion carried and ordered unanimously.

APPROVAL OF SELECTION COMMITTEE RECOMMENDATIONS, AND APPOINT NEGOTIATING COMMITTEE, RE: SOLID WASTE ENGINEERING AND CONSULTING SERVICES

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve the Selection Committee's recommendations for Solid Waste Engineering and Consultant Services; to award proposals to Post, Buckley, Schuh & Jernigan; Glace & Radcliff; and HDR Engineering; appoint the County Manager or his designee, County Attorney or his designee, Solid Waste Management Director, and Project Specialist IV to the Negotiating Committee; and authorize negotiation of contracts with the selected firms. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID AND EXECUTE CONTRACT, RE: TRANSPORTATION AND DISPOSAL OF HOUSEHOLD HAZARDOUS WASTE

Motion by Commissioner Voltz, seconded by Commissioner Cook, to grant permission to bid transportation and disposal of household hazardous waste, award the bid to the qualified responsive bidder, and authorize the Chairman to execute the Contract with the successful bidder. Motion carried and ordered unanimously.

CHANGE ORDER NO. 2 WITH STAR BASE DEVELOPMENT COMPANY, RE: PORT ST. JOHN EXFILTRATION SYSTEM

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve Change Order No. 2 to Agreement with Star Base Development Company for Port St. John Exfiltration System, increasing contract price by $13,419.98 for actual quantities used; and approve final payment to the contractor. Motion carried and ordered unanimously.

CHANGE ORDER NO. 2 AND FINAL PAYMENT TO MCMAHAN CONSTRUCTION COMPANY, RE: SOUTH CENTRAL REGIONAL NEAR TERM REUSE SYSTEM CONTRACT 2

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve Change Order No. 2 to Agreement with McMahan Construction Company for South Central Regional Near Term Reuse System, decreasing contract price by $21,178.95 for quantity adjustments; and approve final payment to the contractor. Motion carried and ordered unanimously.

RESOLUTION AND QUIT CLAIM DEED TO FLORIDA DEPARTMENT OF TRANSPORTATION, RE: S.R. 513 (SOUTH PATRICK DRIVE) PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Cook, to adopt Resolution and execute Quit Claim Deed in favor of Florida Department of Transportation for the S.R. 513 (South Patrick Drive) Project. Motion carried and ordered unanimously.

APPROVAL OF FINAL PAYMENT TO CENSTATE CONTRACTORS, INC., RE: NORTH BREVARD WATER SYSTEM IMPROVEMENTS - REMOTE STORAGE TANK AND PUMP STATION

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve final payment to CenState Contractors, Inc. for North Brevard Water System Improvements - Remote Storage Tank and Pump Station. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE OFF CITY OF ORLANDO COOPERATIVE BID, RE: CHLORINE CYLINDERS

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve purchase of chlorine cylinders off the City of Orlando's Cooperative Bid from vendor P.B. and S. Chemicals, Inc. Motion carried and ordered unanimously.

CONSENT AGREEMENT WITH GEORGE K. AND SIHAM M. KANAZEH, RE: PRIVATE LAKE ENCROACHMENT INTO SIDE SETBACK

Motion by Commissioner Voltz, seconded by Commissioner Cook, to execute Consent Agreement with George K. and Siham M. Kanazeh for a private lake encroachment into the 75-foot setback from the side property line. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE RFP AND APPOINT SELECTION COMMITTEE, RE: ARCHITECTURAL AND ENGINEERING SERVICES FOR EEL MANAGEMENT AND EDUCATION CENTERS AND RELATED FACILITIES

Motion by Commissioner Voltz, seconded by Commissioner Cook, to grant permission to advertise a Request For Proposals (RFP) for architectural and engineering services for Environmentally Endangered Lands (EEL) Management and Education Centers and related facilities; and appoint the County Manager, Parks and Recreation Director, Public Works Director, Facilities Construction Director, and EEL Program Coordinator to the Selection Committee. Motion carried and ordered unanimously.

RESOLUTION, RE: TRANSFERRING TITLE UNDER COUNTY DEED WITH REVERTER TO VIETNAM VETERANS OF BREVARD, INC.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to adopt Resolution transferring title under a County Deed for facility at 1125 W. King Street, Cocoa, to the Vietnam Veterans of Brevard, Inc., with a reverter that if the organization ceases to operate or use the site, it shall revert to the County. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-6-7-07 AND CONTRACT WITH IKON OFFICE SOLUTIONS, RE: COPY MACHINE RENTAL SERVICES

Motion by Commissioner Voltz, seconded by Commissioner Cook, to award Proposal #P-6-7-07, Copy Machine Rental Services, to IKON Office Solutions; and authorize the Chairman to execute five-year Contract. Motion carried and ordered unanimously.

ACCEPTANCE, RE: BUDGET AND FINANCIAL REPORT FOR QUARTER ENDING DECEMBER 31, 1996

Motion by Commissioner Voltz, seconded by Commissioner Cook, to accept the Budget and Financial Report for quarter ending December 31, 1996. Motion carried and ordered unanimously.

AGREEMENT WITH DR. JOHN R. MCPHERSON, M.D., RE: MEDICAL DIRECTION

Motion by Commissioner Voltz, seconded by Commissioner Cook, to execute Agreement with Dr. John R. McPherson for medical direction from March 1, 1997 through December 31, 1997 for $2,500. Motion carried and ordered unanimously.

AUTHORIZATION TO NEGOTIATE WORKERS' COMPENSATION SETTLEMENT, RE: WILLIAM BEACH

Motion by Commissioner Voltz, seconded by Commissioner Cook, to authorize Risk Management, through Gallagher Bassett Services, to negotiate a settlement to the Workers' Compensation medical benefits claim with William Beach. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING JUVENILE JUSTICE WEEK

Motion by Commissioner Voltz, seconded by Commissioner Cook, to adopt Resolution proclaiming March 24 through 28, 1997 as Juvenile Justice Week in Brevard County. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, RE: REAL ESTATE BROKER SERVICES TO MARKET SPACEPORT COMMERCE PARK

Motion by Commissioner Voltz, seconded by Commissioner Cook, to grant permission to advertise request for proposals for real estate broker services to market Spaceport Commerce Park; and authorize the Spaceport Commerce Park Authority to serve as the Selection Committee. Motion carried and ordered unanimously.

APPOINTMENT, RE: MEDICAL SERVICES REVIEW COMMITTEE

Motion by Commissioner Voltz, seconded by Commissioner Cook, to appoint Bill Yonce to the Medical Services Review Committee replacing Alan W. Dillon, with term of appointment expiring December 31, 1997. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve the Bills and Budget Transfers, as submitted. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE CREATING VALLY ROAD PAVING MSBU II

Chairman O'Brien called for the public hearing to consider an ordinance creating Vally Road Paving MSBU II.

John Thorne advised of his opposition to the proposed ordinance at this time as the cost is exorbitant for a homeowner; and inquired if the County can wait until it paves the entire length of Vally Road as it might cut the cost somewhat.

Public Works Finance Director Jim Helmer advised this particular road has 10 lots on it; the Unpaved Road Ordinance, which is being used in this case to try to start the MSBU, requires that after 50% of those lots have had building permits pulled, the County begins the MSBU process; in this case, nine of the 10 have actually pulled building permits; and when the permit is applied for, there is a form that has to be signed to agree that when this threshold is reached, the MSBU is agreeable and that process will begin. He stated the $40,000 is the entire cost, including engineering, paving, etc.; and there are not any other costs.

There being no further objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Ordinance of Brevard County, Florida; creating the Vally Road Paving Municipal Service Benefit Unit (II); incorporating the terms and provisions of Chapter 98, Article II, entitled "Municipal Service Benefit Unit", to authorize the acquisition and construction of certain capital improvements within such improvement area and the imposition of non ad valorem assessments within such improvement area; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE EXTENDING LOCAL OPTION GAS TAX

Chairman O'Brien called for the public hearing to consider an ordinance extending the local option gas tax.

Henry J. Hill, representing City of Melbourne, stated the City Council supports extension of the local option gas tax.

Bob Nanni, representing City of Palm Bay, stated the City supports extension of the gas tax as it is necessary for Brevard County and the municipalities with respect to operations, maintenance and capital improvement planning over the next few years.

Tom Mariani, Councilman for City of Titusville, expressed his support for extension of the local option gas tax; and advised the future of Brevard County depends on a good transportation system.

Mary Tees, advised of her support for extension of the gas tax as the citizens need decent, safe roads for transportation.

Mark Ryan, representing City of West Melbourne, expressed the City's support for extension of the gas tax.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Ordinance amending Ordinance No. 86-13, as amended by Ordinance No. 88-15 of Brevard County, Florida; extending the term of the Local Option Gas Tax imposed upon every gallon of motor fuel and special fuel sold in Brevard County and taxed under the provisions of Part I or Part II of Chapter 206, Florida Statutes; providing for distribution among the County and eligible municipalities; limiting expenditures of the proceeds distributed to the County; and providing an effective date.

Commissioner Cook stated he opposes extension of the gas tax; the current gas tax is not scheduled to expire until the year 2001; he has a problem extending it five years before this particular tax expires; and there are numerous taxes which go toward road maintenance, including MSTU taxes, state and local funding, etc.

Chairman O'Brien stated he cannot support the motion; he does not believe in deficit spending; and he believes in pay as you go or do not go.

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

PUBLIC HEARING, RE: REQUEST FROM FLORIDA CITIES WATER COMPANY FOR EXPANSION OF SERVICE AREA

Chairman O'Brien called for the public hearing to consider a request from Florida Cities Water Company for expansion of service area.

Douglas Young, representing Florida Cities Water Company, provided handouts to the Board pertaining to expansion of the service area.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve continuation of request from Florida Cities Water Company for expansion of service area to the second public hearing scheduled for March 11, 1997. Motion carried and ordered unanimously.

ACCEPTANCE OF STAFF REPORT, RE: GREENWAYS

Tom Mariani, Councilman for City of Titusville, requested the Board accept staff report, continue the study, and allow the County to participate in the overall State program with the greenway system.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to accept staff report regarding greenways, and authorize staff to investigate the feasibility of developing a greenways master plan in Brevard County.

Chairman O'Brien stated there will be little or no cost to the taxpayers to develop the greenways.

Commissioner Voltz stated the report says there is a respect for private property rights, local community concerns, and public lands which are the hallmarks of the greenways effort; it also includes providing public and private support for the projects; the concept is good; the County needs to open up the lands it currently has under the EELS Program and other programs; but she does not want to see the County get into another land-buying project. She noted if this is not going to cost anything to the taxpayers, then she does not have a problem supporting it; and requested staff look into just doing something locally and how the County can provide the lands it currently has available open to the community.

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

PERMISSION TO BID WITH ALTERNATE, RE: FIRE STATION #42, MERRITT ISLAND

Motion by Commissioner Higgs, seconded by Commissioner Cook, to grant permission to bid with the use of an additive bid alternate to renovate Merritt Island Fire Station #42; and authorize award of the bid and execution of the Contract with the most qualified low bidder. Motion carried and ordered unanimously.

PERMISSION TO BID, RE: OFF-ROAD VEHICLE PARK IMPROVEMENTS AND CORTO ROAD COMMUNITY CENTER

Billy Thornton, George Emr, and Gary Faiga expressed their support for the item, and requested the Board approve the bidding process and recommendations of the North Brevard Parks and Recreation Department.

Chairman O'Brien stated Brian Anderson requested the Board read a letter into the record; however, the Board policy does not allow that. He stated he will give the letter to the Clerk for the public record.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant permission to bid construction of athletic field improvements/support facilities at Off-Road Vehicle Park and construction of a community center at Corto Road. Motion carried and ordered unanimously.

The meeting recessed at 10:21 a.m.

The meeting reconvened at 10:35 a.m.

AGREEMENT WITH CITY OF COCOA BEACH, RE: DEDICATION OF LAND FOR PROPOSED ROADWAY, ETC. ON EAST SIDE OF NEW COCOA BEACH LIBRARY SITE

Motion by Commissioner Cook, seconded by Commissioner Voltz, to execute Agreement with City of Cocoa Beach providing land, with a reverter in the event Eagle Eye Development does not dedicate 55 feet of the east side of the Post Office property for similar use, together with a monetary contribution not to exceed $15,000 for a roadway, sidewalks, and drainage improvements, on the easternmost 55 feet of the new Cocoa Beach Library site. Motion carried and ordered unanimously.

REMOVAL OF CODE ENFORCEMENT LIENS, RE: RAY AND LINNEA REID

Chairman O'Brien advised the Reid's decided to withdraw the item.

AMENDMENTS TO AGREEMENTS WITH JOHN SOILEAU AND GEOFFREY STRANGE, RE: CODE ENFORCEMENT SPECIAL MASTERS SERVICES

Commissioner Higgs stated she pulled the item from Consent Agenda due to the 10-day written notice in which the special master or the County can cancel the agreement; the 10 days is too limited a period of notice for either party to terminate the agreement; and requested the Board amend it to 30 days.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to execute Amendments to Agreements with John Soileau and Geoffrey Strange for code enforcement special masters services from March 4, 1997 to March 3, 1999; and approve 30 days written notice instead of 10 days regarding agreement termination. Motion carried and ordered unanimously.

RESOLUTION REPEALING RESOLUTION NO. 97-11, RE: CREATING JUVENILE ASSESSMENT CENTER COMMITTEE

Commissioner Higgs stated if the County is allowing the Juvenile Assessment Center Committee to continue its administrative-type functions and daily interactions in regard to juvenile problems, then she can support the item; however, if the County is withdrawing its endorsement of the Committee so there can be a lack of constraint with the Sunshine Law, then that is a different story.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to adopt Resolution repealing designation of the Juvenile Assessment Center Committee as a Special Advisory Committee to the Board. Motion carried and ordered unanimously.

APPROVAL OF FUNDING RECOMMENDATIONS AND BUDGET CHANGE REQUESTS, RE: EMERGENCY SERVICES IMPACT FEE DISTRICTS 1 THROUGH 7 PROJECTS

Commissioner Cook inquired how were the different amounts pro-rated and what was the formula.

Growth Management Director Sue Hann advised Stephen Swanke, who administers the program, is not present today; and requested the Board table the item until next Tuesday.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to table approval of funding recommendations and budget change requests for emergency services impact fee Districts 1 through 7 projects to the March 11, 1997 meeting. Motion carried and ordered unanimously.

APPROVAL OF REVISIONS, RE: LIEN SUBORDINATION POLICY

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve revisions to the Lien Subordination Policy for First Time Homebuyer Program, Owner Occupied Housing Rehabilitation and Homeowner's Repair Assistance Program, and the Voluntary Replacement Housing Program; and authorize the County Manager or his designee to approve subordinations. Motion carried and ordered unanimously.

RESOLUTION, RE: APPROVING DOCUMENTATION FOR REPLACEMENT OF $2,246,898 RESERVE FOR SALES TAX REVENUE BONDS, SERIES 1994 WITH SURETY BOND

Commissioner Cook stated he would like to appropriate the $50,000 for Provost Tennis Courts to the South Patrick Community Park playground equipment and park development instead since the City of Cocoa will be handling the tennis courts.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution of the Board of County Commissioners of Brevard County, authorizing the substitution of a reserve account insurance policy for the cash and investments held in the 1994 reserve subaccount in the reserve account securing the County's Outstanding Sales Tax Revenue Bonds, Series 1994; approving the form and authorizing the execution and delivery of a commitment to issue such reserve account insurance policy with MBIA Insurance Corporation; approving the form and authorizing the execution and delivery of a financial guaranty agreement in favor of the insurer; authorizing the use of the funds released from the 1994 reserve subaccount to pay the premium for such reserve account insurance policy and to finance certain capital projects; providing certain covenants in favor of the insurer; providing an effective date for this Resolution; providing certain other details with respect thereto; authorize the Chairman to sign related documents as necessary to close the transaction; and authorize the County Manager and Budget Director to prepare and execute necessary budget changes required to implement the Resolution. Motion carried and ordered unanimously.

PUBLIC COMMENT

Henry Campbell stated he received telephone calls that the Board has abandoned wildlife and voted that Animal Control would not pick up wildlife; and requested clarification on what this means and does it only pertain to birds or all wildlife.

Assistant County Manager Joan Madden stated the County has not abandoned picking up all wildlife; and the Animal Control staff or she can meet with Mr. Campbell to go over the issues presented to the Board and actions taken. She noted the Board has not been involved in a monetary way with the wildlife sanctuary in the past; however, it had difficulty staying alive; money is a problem; and injured birds is one of the more serious in numbers of calls that Animal Control takes. She stated some of those injured birds are on the endangered and threatened species list; the County should not be handling those without permits; and it is a function of Florida Freshwater Fish and Game Commission. She stated currently the County is doing all the trap setting and trap pickups; what was discussed was contracting that to a private entity; and the County will continue the trapping and relocation of wild mammals.

Mary Jane Nail stated local officials will go to Washington, D.C. this week to define National League of Cities federal priorities for the year and learn about how the national agenda will affect cities and towns; and the Annual Congressional City Conference will feature general sessions and workshops on a range of emerging national issues, and speeches by key national leaders. She noted she will be attending the Conference; and if the Board has anything she can do to help it out in Washington, she will be glad to do so.

The Board expressed appreciation to Ms. Nail for her efforts.

Joe Morgan thanked the Board, on behalf of the City of Cocoa Beach, for its dedication, foresight, and creativity in taking part in the team work for the library system throughout Brevard County.

Alan Smith and Bill Vernon expressed their concerns regarding the pick up of trash along the stretch of Riverside Drive from the Melbourne Causeway on the south to Eau Gallie Causeway on the north which is approximately 3 ? miles. Mr. Smith stated it is probably the worst appearing stretch of road in the County; this morning, he counted 37 piles of trash, mostly brush; it needs to be cleaned up; and requested the Board express general support for the ideas he and Mr. Vernon have listed in the information provided to it, and have County staff put together an implementation plan to deal with the problem.

Mr. Vernon concurred with Mr. Smith's comments; and stated there is a lot of work to do.

Commissioner Voltz stated this is the first she has heard of any problems; and she will be glad to meet with Mr. Smith and Mr. Vernon to try to get the problem resolved. Commissioner Higgs stated she can meet with the gentlemen also after they meet with Commissioner Voltz.

WARRANT LIST

Upon motion and vote, the meeting adjourned at 11:18 a.m.

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

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