The Board of County Commissioners of Brevard County, Florida, met in regular session on May 2, 1995, at 9:00 a.m. in the Government Center Board Room, Building C, 2725 St. Johns Street, Melbourne, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Mark Cook, and Scott Ellis, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by John Goldring, Ritual Leader, Congregation Beth El, Barefoot Bay, Florida.

Commissioner Cook led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Cook, seconded by Commissioner Ellis, to approve the Minutes of the February 14, 1995 Regular Meeting, February 21, 1995 Regular Meeting, February 23, 1995 Special Meeting, February 27, 1995 Special Meeting, and April 5, 1995 Special Meeting. Motion carried and ordered unanimously.

REQUEST, RE: REMOVE ITEMS FROM CONSENT AGENDA

Commissioner O'Brien requested Items III.A.10, III.A.14, III.B.5, III.B.15, III.C.2 and III.E.2 be removed from the Consent Agenda for discussion.

Commissioner Cook requested Item III.E.8 be removed from the Consent Agenda for discussion.

APPOINTMENT, RE: PARKS AND RECREATION SOUTH AREA ADVISORY BOARD

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to appoint Byron Beard, 182 River Walk Drive, Melbourne Beach, to the Parks and Recreation South Area Advisory Board. Motion carried and ordered unanimously.

APPROVAL, RE: TIME LIMIT FOR NUDITY ORDINANCE

Chairman Higgs advised a number of people are interested in speaking at the public hearing scheduled for May 4, 1995; and suggested, in the interest of allowing everyone to speak, a three-minute time limit be imposed.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve establishing a three-minute time limit for speakers addressing the nudity ordinance at the public hearing on May 4, 1995.

Chairman Higgs inquired if this will create any problem; with County Attorney Scott Knox responding no. Chairman Higgs stated this is the public notice of that change.

Commissioner Scarborough provided directions to the Titusville Campus of Brevard Community College.

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

Chairman Higgs advised two people wish to speak to Item III.D.2, so that item will be removed from the Consent Agenda for discussion.

Commissioner Cook requested Item III.A.12 be removed from the Consent Agenda for discussion. Chairman Higgs advised Items III.A.10, III.A.12, III.A.14, III.B.5, III.B.15, III.C.2, III.D.2, III.E.2 and III.E.8 will be discussed later in the meeting.

RESOLUTION, RE: NAMING CHESS COVE LANE

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution naming a 25-foot wide private roadway Chess Cove Lane. Motion carried and ordered unanimously.

RESOLUTION, RE: NAMING WEEKEND LANE

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution naming a 50-foot wide driveway access easement Weekend Lane. Motion carried and ordered unanimously.

RESOLUTION, RE: RENAMING DILYNDA PLACE AS CAREY LANE

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution renaming Dilynda Place to Carey Lane. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT FOR VIERA CA 1 AND CA 2

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution releasing Contract with The Viera Company for Viera CA 1 and CA 2. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: VIERA DRI, TRACT K

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant final plat approval for Viera DRI Tract K, subject to minor engineering changes, if necessary, and receipt of all documents required for recording. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: BEL VISTA SUBDIVISION

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant final engineering approval for Bel Vista Subdivision, subject to minor engineering changes as applicable. Motion carried and ordered unanimously.

AGREEMENT WITH BURGOON BERGER CONSTRUCTION CORPORATION, RE: BUILDING PERMIT OFF EXISTING COUNTY RIGHT-OF-WAY

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Agreement with Burgoon Berger Construction Corporation for a building permit off an existing County right-of-way constructed to the standards of Unpaved Road Ordinance No. 93-27. Motion carried and ordered unanimously.

AGREEMENT WITH EDWARD AND SUZANNE GOETZ, RE: CONSTRUCTION OF ROAD IN EXISTING COUNTY RIGHT-OF-WAY

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Agreement with Edward and Suzanne Goetz for construction of a road in an existing County right-of-way, subject to minor engineering changes as applicable, and in accordance to the standards of Unpaved Road Ordinance No. 93-27. Motion carried and ordered unanimously.

APPROVAL OF WAIVER, RE: EASEMENT SEPARATION REQUIREMENT FOR LOWELL ENLOW, TRUSTEE

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve waiver of easement separation requirement for Lowell Enlow, Trustee. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: VESTED RIGHTS APPEAL FOR SOUTH SHORE

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant permission to advertise a public hearing on June 6, 1995 at 9:00 a.m. to consider a vested rights appeal for South Shores Development on S.R. A1A south of Melbourne Beach. Motion carried and ordered unanimously.

RESOLUTION SETTING PUBLIC HEARING, RE: VACATING PUBLIC DRAINAGE EASEMENT IN RIVER OAKS WEST - DR. SAMUEL S. AND DIANE MCCLURE

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution setting a public hearing on June 6, 1995 to consider vacating public drainage easement in River Oaks West as petitioned by Dr. Samuel S. and Diane McClure. Motion carried and ordered unanimously.

PERMISSION TO INCREASE PURCHASE ORDER NO. 405731, RE: ROAD AND BRIDGE DIVISION PROJECTS COUNTYWIDE

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant permission to increase Purchase Order No. 405731 with Southern Culvert from $24,600 to $35,000 to cover floating turbidity barriers, staked fencing, and filter fabric for Road and Bridge projects Countywide for the remainder of FY 1995. Motion carried and ordered unanimous FINAL PAYMENT TO MARTIN PAVING COMPANY, RE: FAIRGLEN ELEMENTARY SCHOOL PEDESTRIAN BRIDGE REPAIR PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve final payment to Martin Paving Company of $6,729.60 and accept improvements to Fairglen School pedestrian bridge as completed. Motion carried and ordered unanimously.

PERMISSION FOR COUNTY MANAGER AND/OR DESIGNEE TO EXECUTE LIEN RELEASES, RE: MSBU PROJECTS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize the County Manager and/or his designee to execute lien releases on a monthly basis for MSBU projects. Motion carried and ordered unanimously.

PERMISSION TO SUBMIT APPLICATION TO DEPARTMENT OF HEALTH AND HUMAN SERVICES, RE: DEMONSTRATION GRANT TO PROVIDE COMPREHENSIVE SUBSTANCE ABUSE TREATMENT TO FEMALE CRIMINAL JUSTICE OFFENDERS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant permission to submit application for $1,000,000 demonstration grant to the Department of Health and Human Services to provide comprehensive substance abuse treatment to female criminal justice offenders. Motion carried and ordered unanimously.

APPLICATION AND AGREEMENT WITH FLORIDA DEPARTMENT OF EDUCATION, AND AUTHORIZE CHAIRMAN TO EXECUTE FOLLOW-UP AMENDMENTS, RE: SUMMER FOOD SERVICE PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Application, Agreement, and other necessary forms with Florida Department of Education for the Summer Food Service Program; and authorize the Chairman to execute any follow-up amendments contingent upon approval of the County Attorney and Risk Management. Motion carried and ordered unanimously.

REMOVAL FROM INVENTORY, RE: COUNTY-OWNED PERSONAL PROPERTY OF TRANSIT SERVICES DIVISION

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve removal from inventory of County-owned tangible personal property reported stolen by the Transit Services Division. Motion carried and ordered unanimously.

REMOVAL FROM INVENTORY, RE: COUNTY-OWNED PERSONAL PROPERTY OF COUNTRY ACRES PARENTAL HOME, AND FAMILY AND CHILDREN'S SERVICES SECTION

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve removal from inventory of County-owned tangible personal property of the Country Acres Parental Home and Family and Children's Services Section. Motion carried and ordered unanimously.

APPOINTMENTS TO NEGOTIATING COMMITTEE, PERMISSION TO NEGOTIATE, AND AUTHORIZE CHAIRMAN TO EXECUTE AGREEMENT, RE: ARCHITECTURAL/ENGINEERING SERVICES FOR LAKE WASHINGTON PARK

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to appoint a Negotiating Committee consisting of Joan Madden, Charles Nelson and Shannon Wilson or their designees; authorize the Committee to negotiate with Brad Smith Associates, Inc. as the first-ranked firm, and if unsuccessful, to entertain presentations from Stottler Stagg & Associates and Dames and Moore to further evaluate and determine which firms are ranked number two and number three, and then negotiate with the next highest ranked firm, in order, until an agreement is reached; and authorize the Chairman to execute the negotiated Agreement for development of Lake Washington Park after review by the County Attorney. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, APPOINT SELECTION AND NEGOTIATING COMMITTEES, AND AUTHORIZE CHAIRMAN TO EXECUTE CONTRACT, RE: ARCHITECTURAL/ENGINEERING SERVICES FOR FOX LAKE PARK MAIN PAVILION Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant permission to advertise Request for Proposals for qualified architectural/engineering consulting firms to design structural improvements to repair and renovate termite damaged columns on the main pavilion at Fox Lake Park; appoint a Selection Committee consisting of Commissioner Scarborough, Joan Madden, Charles Nelson, Cheryl Page, and Marsha Cantrell; appoint a Negotiating Committee consisting of Shannon Wilson, Joan Madden and Charles Nelson or their designees to negotiate with the top ranked firm, and if an agreement cannot be reached, to negotiate with the next highest ranked firm, in order, until an agreement is reached; and authorize the Chairman to execute the negotiated Agreement following review by the County Attorney. Motion carried and ordered unanimously.

WAIVER OF MUSIC AND ALCOHOLIC BEVERAGE REGULATIONS, RE: EAST COAST ZOOLOGICAL SOCIETY/BREVARD ZOO FUND RAISER AT WICKHAM PARK MAIN PAVILION

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to waive music and alcoholic beverage regulations for the East Coast Zoological Society/Brevard Zoo Fund Raiser at Wickham Park Main Pavilion on May 29, 1995, subject to all state and local regulatory permits being secured, security, traffic control and clean-up being provided by the Society, and liability insurance, with liquor liability coverage being obtained for the day of the event. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE, RE: DISPOSABLE CERVICAL IMMOBILIZATION DEVICES

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant permission to purchase 12,120 disposable cervical immobilization devices-Laerdal Head Bed II, and approve Budget Change Request. Motion carried and ordered unanimously.

WAIVER OF AMBULANCE STAND-BY FEES, RE: AZAN SHRINE CIRCUS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to waive ambulance stand-by fees for the Azan Shrine Circus on May 20 and 21, 1995. Motion carried and ordered unanimously.

APPROVAL, RE: NECESSARY POSITIONS, REALLOCATION OF RESOURCES, AND UPGRADE OF NORTH MERRITT ISLAND ENGINE TO ALS TO SUPPORT TITUSVILLE RESCUE

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve necessary positions, reallocation of resources, and upgrade of the North Merritt Island Engine to ALS to support Titusville Rescue. Motion carried and ordered unanimously.

APPROVAL OF SPECIAL TRIP, RE: FLORIDA WOMEN IN GOVERNMENT, INC. ANNUAL EDUCATION CONFERENCE

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve a special trip for the Florida Women in Government, Inc annual education conference at total estimated cost of $400. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF TITUSVILLE, RE: WATER AND SEWER SERVICES FOR NORTH BREVARD MULCHING AND RECYCLING FACILITY AND TRANSFER STATION

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Agreement with City of Titusville for water and sewer services to North Brevard Mulching and Recycling Facility and Titusville Transfer Station, at an estimated cost of $500,000. Motion carried and ordered unanimously.

BUDGET CHANGE REQUEST, RE: 1995 FDEP WASTE TIRE SOLID WASTE GRANT

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Budget Change Request for 1995 FDEP Waste Tire Solid Waste Grant in the amount of $84,915. Motion carried and ordered unanimously.

PERMISSION TO INCREASE PURCHASE ORDER, RE: CENTRAL HYDRAULICS AND TRUCK PARTS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant permission to increase existing Purchase Order in excess of $25,000 to Central Hydraulics and Truck Parts. Motion carried and ordered unanimously.

WAIVE BID AND APPROVE PURCHASE, RE: REBOUND FOR RECONSTRUCTION OF ATHLETIC FIELDS AT KIWANIS ISLAND AND HOLDER PARKS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to waive bid and approve purchase of REBOUND, a soil amendment, from American Tire Recyclers for reconstruction of athletic fields at Kiwanis Island and Holder Parks. Motion carried and ordered unanimously.

WAIVER OF IMPACT FEES, RE: EIGHT LIBRARY PROJECTS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant an exemption to Chapter 94, Division 3, Impact Fees, and waive the County's Solid Waste Impact Fee for eight library projects approved by the Board in November, 1993. Motion carried and ordered unanimously.

CHANGE ORDER NO. 5 TO AGREEMENT WITH BUTLER CONSTRUCTION COMPANY, RE: NORTH BREVARD WATER TREATMENT PLANT EXPANSION

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Change Order No. 5 to Agreement with Butler Construction Company for North Brevard Water Treatment Plant Expansion, increasing contract amount by $9,793.51 for a new contract total of $6,082,186.24. Motion carried and ordered unanimously.

FINAL PAYMENT TO SPEEGLE CONSTRUCTION, INC. RE: SOUTH CENTRAL REGIONAL SEPTAGE FACILITY

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Final Pay Estimate No. 4 in the amount of $19,300 as Final Payment to Speegle Construction, Inc. for completion of the South Central Regional Septage Facility. Motion carried and ordered unanimously.

RATIFICATION, RE: LABOR AGREEMENT WITH INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 2969

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to ratify Labor Agreement with International Association of Fire Fighters (IAFF), Local 2969. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-3-5-10, RE: DRUG AND ALCOHOL TESTING

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to award Proposal #P-3-5-10, Drug and Alcohol Testing, to Holmes Regional Medical Center at an estimated annual cost of $15,175. Motion carried and ordered unanimously.

ACCEPT HIGH BID AND AUTHORIZE CHAIRMAN TO SIGN DEED, RE: COUNTY SALE #95-156

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to accept high bid of $3,125 from Edwina W. Griffin for County Sale #95-156; and authorize the Chairman to execute the Deed after the proceeds are collected. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE, RE: LOCAL AREA NETWORKING HARDWARE FOR GOVERNMENT CENTER NORTH

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant permission to purchase Local Area Networking Hardware for Government Center North from Memorex Telex Corporation under State Contract #250-040-93-1. Motion carried and ordered unanimously.

PERMISSION TO SOLICIT PROPOSALS AND APPOINT SELECTION COMMITTEE, RE: AUCTIONEER SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant permission to solicit proposals for auctioneer services; and appoint a Selection Committee consisting of the Central Services Supervisor, Sheriff's Administration Office or designee, Solid Waste Management Director or designee, and Central Fleet Services Director or designee to review proposals and recommend an award. Motion carried and ordered unanimously.

TIME EXTENSION, RE: VENDORS OF RECORD FOR HARDWARE ITEMS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant staff a time extension regarding vendors of record for hardware items until May 16, 1995. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING NATIONAL ASSOCIATION OF LETTER CARRIERS NATIONAL FOOD DRIVE DAY

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution proclaiming National Association of Letter Carriers National Food Drive Day. Motion carried and ordered unanimously.

AMENDMENT #2 WITH STATE OF FLORIDA, DEPARTMENT OF REVENUE, RE: CHILD SUPPORT ENFORCEMENT

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Amendment No. 2 with State of Florida, Department of Revenue for child support enforcement at $44,629, for a total of $588,095. Motion carried and ordered unanimously.

MOTION AND STIPULATED FINAL JUDGMENT, RE: BREVARD COUNTY V. WARDLOW/HARVEY PARCELS 141 AND 741/NORTH COURTENAY PARKWAY

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Motion and Stipulated Final Judgment for Brevard County v. Wardlow/Harvey Parcels 141 and 741/North Courtenay Parkway. Motion carried and ordered unanimously.

RELEASE OF ALL CLAIMS, RE: SEAMLESS FLOOR SYSTEMS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Release of All Claims for Seamless Floor Systems, Inc. regarding damage to a County-owned MRS trailer. Motion carried and ordered unanimously.

AUTHORIZATION OF EXPENDITURES, RE: SPECIAL LAW ENFORCEMENT TRUST FUND

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize expenditure of $29,304.88 and $25,941.52 from the Special Law Enforcement Trust Fund for a total of $55,246.40 for equipment. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZENS ADVISORY BOARDS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to appoint Ray Olinger, 2954 Chipper Drive NE, Palm Bay and Jim Plaissance, P. O. Box 36 1301, Melbourne, to the Community Based Organization Funding Advisory Board, Bob L. Medlin, 918 Westwood Drive, Merritt Island, to the Savannahs Golf Course Advisory Board, Sandra Goforth, 1685 Shelter Trail, Merritt Island, to the Merritt Island Redevelopment Agency, George Broyles, 5540 Hastings Street, Cocoa and William Reaves, 3900 Hammock Road, Mims, as ex-officio members to the North Brevard Recreation and Parks Commission; and reappoint Harold J. Fuller, 424 Dorset Drive, Cocoa Beach, to the Building and Construction Advisory Committee, and Annette R. Miele, 3801 Arrowsmith Drive, Cocoa, to the Art in Public Places Advisory Committee. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - ROY BOOK, VICE PRESIDENT OF FLORIDA SPACE COAST COUNCIL OF NATIONAL MANAGEMENT ASSOCIATION, RE: RESOLUTION PROCLAIMING MANAGEMENT WEEK

Commissioner Scarborough read aloud Resolution proclaiming June 5, 1995 through June 10, 1995 as Management Week in Brevard County.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution proclaiming June 5, 1995 through June 10, 1995 as Management Week in Brevard County. Motion carried and ordered unanimously.

Commissioner Scarborough presented the Resolution to Mr. Book.

Roy Book, Vice President of Florida Space Coast Council of National Management Association, accepted the Resolution on behalf of all National Management Association members, especially those in Brevard County.

PERSONAL APPEARANCE - MARY LOUISE MORGAN, RE: RESOLUTION PROCLAIMING OLDER AMERICANS MONTH

Chairman Higgs recognized Marge Knopf representing the Greater Palm Bay Senior Center, Mary Louise Morgan representing Freedom 7 Community Center, Bill Hurst representing Port St. John Senior Association, Arthur Lamar representing North Brevard Senior Association, Joe Steckler representing the Alzheimers Association, Bill Hoskinson representing the Community Services Council, Dave Davis representing the Senior Assistance Program, Elizabeth Bradley representing the Florida Silver-Haired Legislature, Betty Glaser representing the FSHL, and Frank Kuntz representing the Brevard Veterans' Council.

Chairman Higgs read aloud the Resolution proclaiming May, 1995 as Older Americans Month.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution proclaiming May, 1995 as Older Americans Month in Brevard County. Motion carried and ordered unanimously.

Chairman Higgs presented the Resolution to Ms. Morgan.

Mary Louise Morgan accepted the Resolution on behalf of all seniors; and advised of the work of seniors in Brevard County in establishing Senior Centers. Chairman Higgs wished Ms. Morgan a happy 85th birthday; and expressed appreciation for all that the seniors do and the example they present to the community. Ms. Morgan recounted an incident involving her golf cart.

PERSONAL APPEARANCE - WALT JOHNSON, TDC CHAIRMAN, RE: RESOLUTION PROCLAIMING TOURISM WEEK AND TOURISM AWARENESS DAY

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution proclaiming May 7 through 13, 1995 as Brevard County Tourism Week and May 10, 1995 as Tourism Awareness Day. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - REPRESENTATIVES OF THE WATER/WASTEWATER DIVISION, RE: PRESENTATION OF PLAQUE FROM FLORIDA WATER ENVIRONMENTAL ASSOCIATION TO SYKES CREEK REGIONAL WASTEWATER TREATMENT PLANT STAFF

Water Resources Director Richard Martens advised of the background of the Florida Environmental Association Earle B. Phelps Award competition for the best operated water/wastewater plants in the State. He stated the Sykes Creek Regional Wastewater Treatment Plant received Honorable Mention in the category of Best Advanced Secondary Wastewater Treatment Facility in Florida for 1995. Mr. Martens introduced representatives of the plant crew.

Commissioner O'Brien read aloud the plaque; and presented it to the representatives.

PERSONAL APPEARANCE - ARTHUR LAMAR, LIBRARY BOARD MEMBER, AND GARY DOVER, STATE LIBRARY COUNCIL, RE: PRESENTATION OF DRAWINGS

Arthur Lamar, representing the Library Board, presented the Board with pen and ink drawings of a large-mouth bass in appreciation of the Board's support of Library Services.

Gary Dover, representing the State Library Council, expressed appreciation, on behalf of the State Library Council, the State Librarian and the Secretary of State, to the Board for its support of the Florida Libraries. Mr. Dover requested the Board's support for the expansion of Florida libraries and the Florida Library Construction legislation.

Chairman Higgs noted one of the Brevard County library projects is included in the Florida Library Construction group; and the Board may wish to advise the Brevard County Delegation of its support.

PERSONAL APPEARANCE - DAVID PETRONI, RE: RECONSIDER FUNDING REQUEST FOR THE WILLOW BROOK VILLAGE PROJECT

David Petroni, 3538 N. Harbor City Boulevard, Melbourne, Executive Director of Community Housing Initiative Trust (CHIT), advised the organization serves the low and very low income residents; and they receive numerous calls from working people who are looking for affordable housing. He requested the Board's consideration to allow CHIT the opportunity to increase the needed supply of long-term affordable housing in the County. He explained the mission of the organization; and advised the revenue of the organization is generated from donations and program development fees.

Mr. Petroni advised excess revenues will be reinvested into the community through other affordable housing developments, rehabilitation, down payment assistance for first-time home buyers, and emergency rental assistance; and to date, they have been unable to meet the demand in the County. He stated Willow Brook Village came to reality after meetings with City and County to discuss the impact to the community, the location, the needs of the community, the programs which Willow Brook Village would operate under, and the special needs group it would serve; and advised of the mission of the organization. He advised the Board approved an application and request to advertise for Community Housing Development Organizations (CHDO's) to submit an application for funding; CHIT met all application criteria and deadlines; the Affordable Housing Council and staff recommended Willow Brook Village for funding of $179,000 through local HOME funds, and suggested the deadline to expend the funds would be December 31, 1997; and CHIT suggested the repayment of the HOME funds be placed in a joint trust for the life of the loan to be set aside to assist qualified residents of Willow Brook Village to transition into homeowners. He stated Willow Brook Village has site plan and environmental approval; CHIT owns the property at a cost of $202,000 and has expended in excess of $65,000 in pre-development and due diligence costs; Willow Brook Village is consistent and in compliance with the Comprehensive Housing Affordability Strategy (CHAS), the State Housing Incentives Plan, and the Comprehensive Plans of the County and the City of Melbourne; and the proposed rents meet all state, federal and local requirements under the definitions of affordable housing. He submitted written materials; and explained the changes in set aside rents. He stated CHIT should not be considered a special interest group; the interests represented and served by the CHIT are defined by the County CHAS; and submitted a copy. He stated of the 161,928 households in Brevard County, CHIT is attempting to address the housing needs of 95,200 households that fall in the income ranges from 0 to $34,900 per year. He advised of an application to the Florida Housing Finance Agency under the State Apartment Incentive Loan Program (SAIL) which CHIT believes will be successful in obtaining the rest of the necessary funding to build Willow Brook Village. He advised it is not the intent of CHIT to usurp any of the duties or powers of the County Commissioners; and the organization has attempted to assist the Board of County Commissioners in meeting its goals and objectives pertaining to the growth and development of affordable housing. He expressed desire to work closely with this and future Boards. He requested the application submitted on December 19, 1995 for funding of $179,000 be reconsidered including the payback into a trust with the funds specifically set aside over the term of the loan to be utilized by qualified residents of Willow Brook Village to assist in transition to home ownership.

Commissioner Ellis inquired if the property was purchased through the organization or was a grant used to purchase the parcel; with Mr. Petroni responding through loan funds from the Florida Housing Finance Agency and pre-development loan program; and it is restricted to use for 50 years as affordable housing. Commissioner Ellis inquired if the cost of the project includes development fees for the organization; with Mr. Petroni responding yes. Mr. Petroni stated the development is one of the activities the organization gains its revenue from; 20% of the total project cost is the maximum that is allowed under the State program to be compensated to the developer; and that is approximately $600,000.

Commissioner Ellis stated he does not want to reconsider because the rents are not affordable; many people live in Eau Gallie in $40,000 to $50,000 homes and trailer parks; and taxes are paying to support these programs. He noted he visited Hampton Greens; the rents are comparable to Willow Brook Village; and apartments are available. Mr. Petroni advised the rents at Willow Brook will be lower on set asides; and it is a smaller development.

Chairman Higgs inquired if anyone wished to make a motion; and no response was heard.

PUBLIC HEARING, RE: RESOLUTION VACATING PLAT IN COCOA INDIAN RIVER PROPERTIES - RICHARD E. BEYER, JR.

Chairman Higgs called for the public hearing to consider a Resolution vacating a plat in Cocoa Indian River Properties as petitioned by Richard E. Beyer, Jr.

There being no comments or objections, motion was made by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution vacating a plat in Cocoa Indian River Properties as petitioned by Richard E. Beyer, Jr. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PORTION OF PUBLIC UTILITY EASEMENT IN BAREFOOT BAY, UNIT TWO, PART TEN - ARTHUR F. PRIEP

Chairman Higgs called for the public hearing to consider a Resolution vacating a portion of Public Utility Easement in Barefoot Bay, Unit Two, Part Ten as petitioned by Arthur F. Priep.

Assistant Public Works Director Ron Jones recommended approval.

There being no objection or comments heard, motion was made by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution vacating a portion of public utility easement in Barefoot Bay, Unit Two, Part Ten as petitioned by Arthur F. Priep. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY ADJACENT TO SUNTREE ESTATES - ALBERT L. GULLEDGE

Chairman Higgs called for the public hearing to consider a Resolution vacating right-of-way adjacent to Suntree Estates as petitioned by Albert L. Gulledge.

Assistant Public Works Director Ron Jones advised the properties have a reverter clause; the applicants requested the properties be vacated; staff has no objections; and no objections or comments have been received.

There being no further objections or comments heard, motion was made by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution vacating a right-of-way adjacent to Suntree Estates as petitioned by Albert L. Gulledge. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION AND ORDINANCE REVISING ANIMAL CONTROL ORDINANCE NO. 94-22E AND RESOLUTION NO. 94-386

Chairman Higgs called for the public hearing to consider a Resolution and Ordinance revising Emergency Animal Control Ordinance No. 94-22E and Resolution No. 94-386.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution and Ordinance revising Animal Control Emergency Ordinance No. 94-22E and Resolution No. 94-386, creating a fee pursuant to the revisions.

Commissioner O'Brien inquired about the provision for psychologically impaired dogs; with Assistant County Manager for Community Services Joan Madden responding that has been removed from the Ordinance.

Commissioner Cook inquired if there are any changes to the original Ordinance. Ms. Madden responded it is the Emergency Ordinance; and the words the Board asked to be removed have been removed as well as those that were removed by the Court.

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

AGREEMENT WITH THE BUCHANAN COMPANY, INC., RE: SPORTS PROMOTION AND DEVELOPMENT SERVICES

Commissioner O'Brien stated Chairman Higgs requested the Agreement include a penalty clause.

Chairman Higgs stated she is not sure the revision is better than the original Agreement; and advised of the changes. She expressed concern that the approach has gone backwards by 20%. She inquired how many room nights were there last year; with Assistant County Manager for Community Services Joan Madden responding the goal last year was 7,500. Chairman Higgs inquired if the goal was achieved; with Ms. Madden responding it was well over 10,000.

Commissioner O'Brien advised the Tourist Development Council is taking the sports promotion and development out of its operation. Ms. Madden advised the Sports Authority is a not-for-profit organization; it has been taken out; and what has been put in its place is the Sports Commission.

She stated the County contracted with the Sports Authority which subcontracted with Mr. Buchanan; and this moves the Sports Authority out and moves the County into better arms length. Commissioner O'Brien stated Chairman Higgs' intent was to not have reduction in the number of rooms but have a penalty; and he does not see how reducing the number of rooms is equitable with the wishes of the Board. He requested it be raised back to 12,000 rooms with a penalty clause.

Chairman Higgs stated the Board discussed being at the 12,000 room nights with a percentage of penalty. Ms. Madden advised the percentage was discussed; and the $12.50 per room night penalty is the real number that is applied when you take a percentage of the number of rooms and divide it into the total amount of the contract. She advised during negotiations, the trade-off for a penalty clause is usually a bonus; but since there were no additional funds for a bonus, they had to negotiate on the room nights which resulted in the drop to 10,000.

Commissioner Cook inquired why is it an eighteen-month contract rather than a twelve-month contract. Ms. Madden explained it would be consistent with the fiscal year; and stated no one would enter into a five or six-month contract; but if the Board desires, it can be reduced to a twelve-month contract.

Commissioner O'Brien advised he had contracts with a penalty clause which did not include a bonus. Ms. Madden explained this was a renegotiation; and negotiations are a two-way street with both parties having something to be gained and something to be lost.

Chairman Higgs stated in the arrangement before the Board, the County does not gain anything, but loses room nights. She stated she wants the contract to be in place, but wants a fair deal for the County, and wants to insure accountability. She stated she cannot support a contract that does not have some control for the County. Commissioner Ellis stated there is a penalty clause; and inquired what kind of penalty clause is Chairman Higgs looking for. Chairman Higgs stated it has ended up down almost 20%; the suggestion was to go from the $12,000 and a percent back from there; and she can agree with that; but she cannot agree with going down 20% of the contract for the same money. Commissioner Cook suggested bringing this up at the end of the meeting. Chairman Higgs stated she cannot support the contract which is before the Board; and explained what she could support. Ms. Madden advised she will meet with Mr. Buchanan and bring the item back later. Commissioner O'Brien expressed concern about wording relating to the Sports Authority and Sports Commission; with Ms. Madden explaining the issue.

AUTHORIZATION TO NEGOTIATE SETTLEMENT, RE: WORKERS' COMPENSATION CLAIM OF BARBARA SMALLWOOD

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to authorize Risk Management, through Gallagher Bassett Services, to negotiate a settlement for the workers' compensation claim of Barbara Smallwood.

Commissioner O'Brien inquired why is the Board not suing the person who had the lunch box. Assistant County Manager for Community Services Joan Madden stated Ms. Smallwood was a driver on a SCAT bus; and described the situation on the SCAT bus. Commissioner O'Brien inquired if the County can sue the doctors who apparently increased Ms. Smallwood's injuries. Commissioner Cook inquired if this was a doctor the County sent Ms. Smallwood to; with County Manager Tom Jenkins responding he was on the list of doctors. Commissioner Cook stated he would like to look at possible liability of the doctor. Commissioner Ellis stated the Board would be trying to recover its workers' compensation from the doctor; with Commissioner Cook agreeing. Commissioner Ellis noted the compensation claim can only be filed against the employer even if the doctor is at fault. Commissioner O'Brien stated the County's rates go up as a result; and the County should be reimbursed by all parties in a wide lawsuit. Commissioner Scarborough stated the action is just to start negotiations; with Commissioner Ellis advising that is not the information he got. Commissioner Scarborough inquired if it will come back to the Board; with Mr. Jenkins responding the Board is authorizing the third-party insurance administrator to negotiate a settlement. Commissioner Cook stated if the Board puts a cap on it, it will hurt the negotiations. Commissioner Scarborough stated in this case, he would prefer to have the settlement come back to the Board.

Commissioner Ellis restated the motion to authorize negotiation of settlement for the Workers' Compensation claim of Barbara Smallwood, with the final settlement to come to the Board for approval.

Commissioner Cook requested some investigation into who was at fault for possible litigation for reimbursement to the County. Chairman Higgs inquired if that can be incorporated into the motion. Commissioner O'Brien stated a complete negotiation is needed into who is at fault. Discussion ensued on potential actions.

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

SPEED HUMP REQUEST, RE: SOUTH BANANA RIVER DRIVE

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve installation of speed humps on South Banana River Drive, as requested.

Commissioner O'Brien stated the applicants have met all the requirements; 75% of the people on the street want the speed humps; and he received numerous phone calls requesting the speed humps because the Sheriff does not have cars to go around.

Commissioner Ellis requested the Board work out a policy to require a small assessment of the citizens when MSTU-type projects are done.

Commissioner Cook expressed concern about the speed humps; and advised of a group on South Merritt Island which is in the process of collecting signatures to have speed humps removed. He explained his concerns relating to speed humps. He stated if people are speeding, law enforcement should be issuing tickets; and he has concerns about health and safety as well as liability to the County.

Commissioner Ellis stated if the Board approves an assessment, it will find out how many people really want the speed humps. Commissioner Cook noted it still does not address the liability and the slowing down of emergency vehicles.

Commissioner Scarborough stated the speed humps are installed because of health and safety; speed humps are one of the few things that slow people down; and while it is not for every place, it has worked satisfactorily in District 1.

Commissioner Cook noted a lot of the speed humps do not meet staff criteria; and if there is a lawsuit, the County is completely exposed.

Commissioner O'Brien stated he personally does not like speed humps; however, in this neighborhood, 77% of the residents expressed support; and he was advised yesterday that they have more signatures now. He advised of the problem in the area.

Commissioner Cook reiterated his concern that some of the speed humps do not meet the criteria; and stated the Board should have a rule that if the criteria is not met, the speed humps are not installed. Commissioner O'Brien advised the only criteria Traffic Engineering is talking about are the number of speeding cars that go ten miles an hour over the limit. Chairman Higgs advised 87% of the vehicles in the morning are exceeding the speed limit, with 40% exceeding it by at least ten miles per hour; and in the afternoon, it slows down to 85% and 20%. Traffic Engineering Director Billy Osborne explained the criteria.

Chairman Higgs called for a vote on the motion. Motion carried and ordered; Commissioners Scarborough, O'Brien, Higgs and Ellis voted aye; and Commissioner Cook voted nay.

Commissioner Cook inquired if the speed humps will be built to the current criteria; with Mr. Osborne responding affirmatively.

DISCUSSION, RE: POSSIBLE USE OF INDIAN HARBOUR BEACH WASTEWATER TREATMENT PLANT SITE FOR PARK BY CITY OF SATELLITE BEACH

Mayor David Schecter, 635 Seville Court, Satellite Beach, stated he supports the efforts of volunteers in the community who want to enhance recreational opportunities; there is a need for facilities for youth activities; and the need is for land rather than staff. He stated almost twenty years ago there were combined Little League programs with the unincorporated area and the City of Satellite Beach; and since that time, the City has been providing facilities and programs. He stated the desire is to continue the programs, but space is needed to do that. He stated for a number of years the Indian Harbour Beach Wastewater Treatment site was not available; and displayed a map showing the area being addressed. He requested the Board's support for joint use of the property for recreational purposes. He noted the City has four Joint Use Agreements; they work; and requested the Board support a Joint Use Agreement for use of the Indian Harbour Beach Wastewater Treatment site.

Commissioner Ellis inquired what does the City really want. Commissioner Cook stated he wants permission from the Board for staff to pursue an agreement which would come back to the Board for approval. Commissioner Ellis inquired what about Indian Harbour Beach. He advised of the history of the site and the two roads which do not connect; and stated Satellite Beach is not alone in providing services in the unincorporated area. He stated if every city comes in requesting land because it serves people in the unincorporated area, the County will be giving land to twelve or thirteen different cities. Commissioner Cook noted he does not disagree, but this is property that is right there. Commissioner Ellis stated if it is joint use, the cost should be split three ways. Commissioner Cook advised the City is offering to use the property, bear the expense, and serve the County area. Commissioner Ellis noted the Enterprise Fund will have to paid for the property. Commissioner Cook stated the County Attorney will have to work that out; and he is sure there will have to be some kind of agreement. Commissioner Ellis expressed concern about having another situation like Rotary Park; and stated if there is going to be a park, it should be paid for by the three entities, the County, Indian Harbour Beach and Satellite Beach. Commissioner Cook advised any agreement would have to come back to the Board; the Cities are willing to work with the County; and there can be a reverter included. Commissioner Ellis noted reverter clauses do not work once there is a park there. Commissioner Cook noted the area in question is outside the fenced area.

Mayor Schecter stated he cannot speak for the City of Indian Harbour Beach, but historically both cities have been trying to support recreational needs; in the 1970's Satellite Beach bought Desoto Park from the School Board; and recently the City of Indian Harbour purchased the Algonquin property.

Commissioner Ellis noted Indian Harbour Beach has an unincorporated area south of it; and both cities are in the same situation. He stated the County needs to look at a three-way agreement before going with a two-way agreement.

Chairman Higgs stated she appreciates that the City of Satellite Beach is willing to do the development.

Tony Boob, 404 Laurel Street, Satellite Beach, Chairman of Satellite Beach Recreation Board, advised he is also the Activities Director at Patrick Air Force Base which entails running the Youth Center; and he has been able to work with thousands of parents and children on a daily basis. He stated there is a void in the community, in baseball; and advised of the percentage of non-residents participating in various programs. He stated the Recreation Board has looked at shuffling facilities to take care of the total recreation need; and this affects children, teens and adults. He stated the people in the community are willing to do whatever it takes; and they would appreciate the support of the Board.

Leslee Brimer, 638 Hibiscus Drive, Satellite Beach, stated she is a volunteer and parent; and explained the problems with the soccer fields in Satellite Beach. She expressed desire to expand the sports activities in the area. She noted one-quarter of the enrollment in soccer is from out of the area.

Commissioner Ellis inquired if the people do not use the soccer fields in South Patrick Shores; with Ms. Brimer responding no. Parks and Recreation Director Charles Nelson advised the soccer fields in Sea Park are not available yet; and they will be ready later this summer. Commissioner Ellis inquired how many will that be; with Mr. Nelson responding one to two additional fields. Ms. Brimer stated there are three fields for children from four years old to seventeen years old; they are expanding enrollment; and more fields are needed. Commissioner Ellis stated over a year ago the County went through this with the School Board to get access to the playgrounds; and it got nowhere. Mr. Nelson noted Satellite Beach has a good relationship with the School Board; but it is not shared Countywide. Commissioner Ellis expressed concern that the School Board says it wants people to use the fields, but nothing changes; and inquired if the Board should have another meeting with the School Board. Mr. Nelson responded the change in the Joint Use Agreement is in the final draft stage; and something should be coming to the Board within 60 days. Commissioner Ellis stated there is more capital outlay for Little League fields; but soccer fields should not be that difficult. Ms. Brimer noted game time is needed as well as practice fields; there is desire to have baseball as well as soccer; and soccer will give up space to do that.

County Manager Tom Jenkins advised there is a strong commitment from the Superintendent of Schools to make the school sites available; he is waiting for staff to come back with an agreement; and it has been a slow process.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to direct staff to pursue a use agreement with the City of Satellite Beach for use of the Indian Harbour Beach Wastewater Treatment Plant site, and bring it back to the Board.

Chairman Higgs inquired if there is a need for this land now or in the short term future; with Water Resources Director Richard Martens responding there is not.

Commissioner Ellis inquired if the Board is going to look at an agreement where all the participating entities purchase the property from utilities. Commissioner Cook stated Satellite Beach is willing to front the cost; the details can be worked out in an agreement; and there can be a reverter clause so the property will be used for a County purpose. Commissioner Ellis stated he does not mind having a long-term schedule of payments; but the title has to pass from Utilities to Parks and Recreation; and expressed concern about the reverter clause.

Commissioner Cook stated part of his motion would be for the County Attorney to look at what would be necessary legally to work out the agreement.

Commissioner O'Brien requested Mr. Nelson contact the Canaveral Port Authority to see if it will make two soccer fields out of the field at the entrance to the Port.

Commissioner Scarborough stated when the Board starts talking about agreements with cities, it needs to remember it also represents the incorporated people as well as the unincorporated people. He stated he would like to see an agreement; and the Board should proceed.

Commissioner Ellis advised the Enterprise Fund should be reimbursed for the property.

Chairman Higgs inquired if it would be in the interest of the Utility Department to give away any reverter on this land. Mr. Martens responded the bond covenants make restrictions on the use or divestiture of that property; the County Attorney has reviewed this; and there are several options.

County Attorney Scott Knox advised the bond covenants require the County to dispose of this property at fair market value; and dispose can mean sell or lease. He noted his initial thought was a lease may be the best way to go; but staff will look at different options and bring back a recommendation.

Commissioner Ellis stated he prefers to do a sale because in ten years no one is going to exercise a reverter clause when the City spent a lot of money on soccer fields. He stated Parks and Recreation needs to take title of the property; and it could be paid over a term; but he does not want to get into a lease agreement with a reverter which will be impossible to exercise.

Commissioner Cook stated this is property that is not being used by the County; it is not foreseen to be used; and Commissioner Scarborough made a good point in that the Board represents the incorporated as well as the unincorporated areas of the County. He stated it will meet important recreational needs in the community; and it is beneficial to the City and the County to pursue this because it is a public purpose. Commissioner Ellis reiterated his concern about the reverter clause.

Chairman Higgs stated she is not sure the Board would not be in a more difficult position if it gave away property without maintaining some ownership. She stated she will support the agreement.

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

The Board recessed at 10:21 a.m. to 10:37 a.m.

DISCUSSION AND DIRECTION, RE: CHANGES IN TDC CHAMBER GRANT PROGRAM

Chairman Higgs stated the Board indicated it wanted the grants to be open to someone other than the Chambers; and the Tourist Development Council has indicated it wishes them to only be open to the Chambers.

Tourism Development Council Executive Director Robert Varley stated the TDC considered the issue again; it looked at other organizations that might be considered for the grant monies; and described the problems with various entities. He stated the TDC did not feel there was any other entity that qualified like the Chambers did.

Chairman Higgs inquired what if one of the municipalities wanted to apply; and suggested making the grants open to Chambers, general interest non-profit agencies or government agencies which could also meet the match criteria.

Commissioner O'Brien expressed concern about the lack of specificity in standard of measurement of the effectiveness when spending public funds. He stated limited public money is being thrown at an economic giant called tourism hoping something will happen. He inquired what goal will be met by giving money to Chambers of Commerce; and advised he does not see anything in the staff report indicating a goal being met or evidence that giving money to the Chambers is a way to achieve that goal. He stated every TDC expenditure should cite a goal and evidence that the expenditure will meet the goal; and if that cannot be done, the expenditure should be eliminated. He noted he has not been shown any evidence of cost effectiveness; and expressed concern about the piecemeal approach to funding. He expressed interest in seeing the whole picture; and advised the whole TDC area needs to be reviewed. He stated Brevard County is nothing without its beaches; there is a serious attempt in Washington, D.C. to reduce beach erosion funding; and to survive, the County may have to find funding elsewhere. He stated he is not impressed with the TDC's past lack of focus of visitor attraction efforts; he would prefer to see TDC funds spent on a direct rebate system to travel agents around the country who book families in Brevard County for vacations than to see it spent on public relation firms, etc.; and suggested ways to implement the system. He stated the TDC has not been focused; it has not grabbed at opportunities that were right before it; and if the County had an incentive program, travel agents would book people into the County. He stated he wants to see an annual plan all at one time, so the Board will know where it is going during budget review.

Mr. Varley advised there is a marketing plan which he will be happy to provide to the Board; the markets change rapidly; and the TDC is looking at a lot of different areas. He advised they are getting onto the Internet System; they contracted with Visitors' Service, Inc. to answer the 800 number calls; and they are beginning to go in the direction of trackable sales. He stated they are working on group sales; and advertising has been redirected from billboards to television advertising. He advised the Chambers submit plans; the plans include attainable goals; and the TDC could require more detailed goals. He advised the basic issue is whether grant funds are needed at all; when he came to the County, he questioned why money was being given to Chambers of Commerce when it took away from the marketing effort; but he saw that Chambers were able to provide staff time to do things the TDC was unable to do. He advised of successful Chamber activities; and stated the Chambers do a lot of projects which justify the funds.

Chairman Higgs stated the issue is whether the Board wants to go along with the TDC or go with the previous recommendation on the grants.

Commissioner O'Brien reiterated the report does not include any goals to be met; there is no evidence that giving money to the Chambers will achieve any goal; and there is no justification. He inquired what is the goal to be attained, what is the return on the investment, and how can the return be accounted for. Ms. Madden advised the money is not given to the Chambers to do whatever they want; the Chambers present a list of items they intend to accomplish through the grant term; and there are established goals in the Chamber grants which are tracked by TDC staff.

Chairman Higgs stated the Board action would be to let the Chambers submit proposals for particular activities; then if the Chambers meet the criteria, the TDC would make a recommendation for funding; and inquired if this is being divided equally among the Chambers; with Ms. Madden responding that was not part of the recommendation of the TDC.

Commissioner Scarborough stated before there were any Tourist Development Councils, the Chambers of Commerce played a role in providing information to visitors; and the Chambers have a legitimate role. He stated there is some benefit in the Chambers and the TDC working together because the Chambers understand the uniqueness of the different communities while the TDC has a broader picture. He stated he would never want to see the County fail to be competitive because it is giving all the money through grants to Chambers; and there needs to be a coordinated effort between the Chambers and the TDC. He stated part of the discussion should be whether the Chambers are projecting a unified activity around the world and how will the County compete in the market. He stated the County is competing poorly; but the grant program is not harming the TDC program which is weak overall; and part of the reason is action of the Board which directed funds to other sources rather than direct market.

Commissioner Cook inquired if the concern is to have focus as far as the grants, can something be added to require the grant money be given after submittal of a project proposal. Mr. Varley advised that is the way it currently operates; the Chambers submit for reimbursement; and the TDC and the Finance Department review their submittals thoroughly to insure they qualify. He stated the TDC also looks at the projects the Chambers submitted at the beginning of the year; and the TDC goals include going after the group marketing business and reaching the AAA travel agents, which the Chambers have accomplished. Commissioner Cook inquired if the Chambers are reimbursed up to the $30,000; with Mr. Varley responding affirmatively.

Chairman Higgs stated the current proposal does not say that it is going to be divided as it was in the past. Mr. Varley stated it is not included although that is the intent; but that can be negotiated. Chairman Higgs stated she could support the item if it was open to the Chambers, general interest non-profit organizations involved in tourism promotion, and governmental or municipal agencies.

Commissioner Cook stated that might spawn a lot of non-profit groups to take advantage of the grant money. Chairman Higgs advised there would still be the matching requirement. Commissioner Cook stated he is comfortable with the item as long as the Chambers have to submit a proposal, the cap is $30,000, and the Chambers are reimbursed for direct expenses.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve the TDC Chamber Grant Program as follows: (1) open to Chambers of Commerce, (2) matching grant, reimbursement only, with the applicant required to match a minimum of one-third of their request with documentation showing the contribution to the tourism program, and the match requirement allowed to include staff salaries and overhead directly related to tourism programs, (3) grant activities in compliance with the TDC Marketing Plan and approved by the Marketing Committee and the TDC, (4) office overhead, salaries, capital improvements, tangible property and entertainment to be non-allowable expenses, (5) subjective criteria for evaluation with a range of points per criteria and a funding formula, (6) applicants required to submit proposals, and (7) grants capped at $30,000.

Commissioner O'Brien read aloud a letter from the County Attorney's Office to the TDC calling for the TDC to examine the purpose for which promotion and advertising funds are used and consider established criteria for analysis of grant proposals. He stated this goes back to accountability, goal-oriented grants, and the ability to stop programs if goals are not attained. He emphasized the importance of the TDC funds to tourism in the County; and stated they have been so thin, they are missing the target. He recommended the dollars being collected and spent be focused for the biggest bang for the buck. He stated the TDC has been mismanaged; and hopefully the TDC can get back to the focus to attain the goals. He stated as long as the accountability is there, he has no problem passing the item today.

Chairman Higgs stated measurable outcomes and performance requirements are needed; and she will not support the motion.

Chairman Higgs called for a vote on the motion. Motion carried and ordered. Commissioners Scarborough, O'Brien, Cook, and Ellis voted aye; Commissioner Higgs voted nay.

STAFF REPORT, RE: STATUS OF LEGISLATION CONCERNING NORTH BREVARD HOSPITAL DISTRICT

Economic Development and Legislative Affairs Director Greg Lugar stated the Board has been provided with the language of the proposed changes to the Special Legislation as well as a House analysis of the changes. He stated this morning, the proposed changes passed in the House of Representatives as originally filed; on the Senate side, the proposed legislation will be heard on May 4, 1995; and Representative Futch and Representative Ball are of the opinion it will pass in the Senate.

Bea Polk, 101 Riverpark Boulevard, Titusville, inquired if something can be done about the legislation; money is being taken out of the North Brevard Hospital District; and inquired if the Recreation Districts would allow money to be taken to other districts. She stated when the legislation passed in the House this morning, no one came forth to fight it; and inquired when the Board is going to stand up to keep the money from leaving the District. She stated the people paid County taxes for 38 years; and now there is a law going through which she knows is not legal. She stated if it was legal, money could be taken out of the state to Georgia. She advised of calls to Senators and Representatives who had not read the bill, but still voted on it because the people wanted it. She stated it was not properly advertised; it was advertised on the morning of April 26, 1995; the meeting was on April 26, 1995; all five members voted for it; and then it was advertised on May 2, 1995. She stated the Board has let this go by; and inquired if there is any way to stop the money from being removed from the North Brevard Hospital District. She advised the City has been requested to remove the North Brevard Hospital District Board member who opposed this. She explained why she did not attend the meeting last night; and inquired who is the North Brevard Hospital District accountable to. She stated the Board says it cannot remove the members, but it appoints them. She stated the North Brevard Hospital District Board is not accountable; and none of the Commissioners know what the District does with the money. She advised $60 million is going to be removed from the North Brevard Hospital District; and inquired if the Board can do something such as selling the hospital and giving the money back to the people of North Brevard or keeping the money in the North Brevard District. She described problems with the North Brevard Hospital District Board. She noted the legislation says that taxes will not be used; and inquired where the $60 million came from if not taxes. She advised it is either directly or indirectly taxpayers' money; but the legislation will allow the money to be removed out of the District. She noted they have admitted they will go to Orange and Volusia Counties; and the Commission is going to allow it. She advised of problems in North Brevard; and requested the Board do something.

Commissioner Ellis inquired what should the Board do. Ms. Polk inquired if there is any legal way to stop the money from being removed from the District, and if there is, will the Board take action to file it and keep it there. County Attorney Scott Knox responded the answer depends on whether the legislation passes; if it does not pass, there is no need to take any action; and there is a provision in the Florida Constitution which deals with not combining public and private funds in joint ownership projects or pledging the credit of a particular governmental entity to a private enterprise. He stated the way the legislation is constructed it purports to say that can happen as long as it is consistent with Florida law and the Florida Constitution; and it will depend on the specific project as to whether the constitutional provision is violated. He stated if the legislation passes, monitoring will be required to determine if there has been a violation.

Commissioner Scarborough stated the North Brevard Hospital District is a creature of the Florida Legislature; and it is in the process of changing it. He noted the Board makes appointments; previously the Board had the ability to get involved with the millage; but the District no longer has a millage, so that issue is gone. He advised the County Attorney has been involved in answering a number of questions; and read aloud from the April 28, 1995 memorandum. He stated there are constitutional restrictions on what can be done with the funds; if those are exceeded, litigation is possible; and the City or the County may have the standing to challenge the act as opposed to the legislation. He stated another issue Ms. Polk addressed was whether the restrictions on the use of ad valorem taxes on this endeavor is a sufficient restriction; everyone has agreed that all revenues are part of the same public trust; and to say part of the money is ad valorem tax but the remaining money is something else creates an illusion that is not correct. He stated people will have to live with this; and if they do violate it in subsequent acts, there may be standing to challenge because of problems in the way it is written. He recommended the Chairman write a letter expressing the Board's concerns.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to direct the County Attorney to draft a letter for the Chairman's signature expressing the concerns of the Board relating to the North Brevard Hospital District legislation.

Commissioner Cook stated the legislation will pass; but it is fine to send a letter.

Commissioner O'Brien inquired if all the appointments to the North Brevard Hospital District Board are made by the State. Commissioner Scarborough advised three are made by the Board, three are made by the Board but have to be confirmed by the City of Titusville, and there are three from the City of Titusville. Commissioner O'Brien noted if some of the appointments are changes, attitudes could be changed. Commissioner Scarborough advised that is easier said than done; and explained prior problems. Commissioner O'Brien outlined the situation; and read aloud from the House Bill. He stated "any funds derived" means any taxes paid across the last thirty-eight years and any money that came off of that; and without taxes, the hospital would not be there. Commissioner Scarborough stated with that assumption, no funds could be expended because all funds are North Brevard Hospital District funds derived from ad valorem taxes; and that would render the bill null and void.

Commissioner Ellis stated in the letter the Board needs to address the ad valorem issue, and the mixing of operational funds and ad valorem funds. Commissioner Cook stated if ad valorem taxes built the hospital, then it could be argued that any revenues generated thereafter were as a result of the ad valorem tax and would be public funds; and that is a question that needs to be addressed.

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

FINAL REPORT, RE: GROWTH IN GOVERNMENT STUDY PANEL

B. B. Nelson, Chairman of the Growth in Government Study Panel, stated the big question is how much more of the national economy can be spent on government without bankrupting the country. He stated the Growth in Government Study Panel which was appointed in December, 1994 spent the last four months studying the growth in County government; the study was finished on April 20, 1995; and they have assembled a report. He identified the members of the Study Panel; and advised of the data which was studied by the group. He explained the mission of the Study Panel; and advised recommendations have been made.

Chairman Higgs inquired what has the Board been given; with Mr. Nelson advising an outline of the report and his presentation in written form. Chairman Higgs inquired if the Study Panel unanimously approved all of the information which Mr. Nelson provided; with Mr. Nelson responding the Study Panel approved the document which Mr. Jenkins is going to present; and what he presented is an introduction. Mr. Nelson advised minority reports will be presented after Mr. Jenkins finishes his report. Commissioner Cook advised Mr. Jenkins' report will be the report of the Study Panel and there will be additional comments.

County Manager Tom Jenkins advised the Study Panel met between January 4, and April 20, 1995 in eleven meetings; a number of individuals appeared to provide information to the Panel; and written reports were also received from a number of County agencies. He outlined the Panel's mission statement, and the findings of fact in terms of the budget and changes in the ad valorem tax rate. He advised changes in the number of County facilities during the same period of time were noted, and surplus assets were identified as available for disposal. He stated the Panel reviewed the departmental budget increases, especially those greater than the Consumer Price Index for the same period of time; it reviewed the debt service in existence in 1990 compared to that in 1995; and it referenced the population increases for the same period of time. He noted the Panel made 29 recommendations to the Board by majority vote of the Panel; and the Panel agreed that individual members would be allowed to offer individual comments above and beyond what the Committee as a whole voted on. He advised the Panel has been disbanded as it has completed its task.

Chairman Higgs inquired if what Mr. Nelson provided is the Panel's endorsement; with Mr. Jenkins responding those are Mr. Nelson's remarks.

Mr. Nelson inquired if the Board has any questions regarding the 29 recommendations.

Commissioner Cook expressed concern about Recommendation 1 for attorneys' fees for property owners to no longer be the responsibility of the County; and inquired if the Board is to recommend a change in law to the Legislature; with Mr. Nelson responding that is correct. Commissioner Cook stated after arbitration, if a property owner wanted to pursue his legal avenues, he would be responsible for his own court costs; and he is concerned that it is a take it or leave it proposition; and suggested a better way to address the problem would be for the property owner to be responsible for his attorney's fees if he lost.

Mr. Nelson stated the Panel was not interested in micromanaging the legislation; and it made recommendations to study. He advised a lot of the presentations were in regard to preliminary investigation before a road is designed; the County should try to obtain the right-of-way free; and with proper design and negotiation, that can be done in many cases. He noted Grissom Road and Dairy Road South have been major problems. He stated taking right-of-way involves lawsuits and increased costs; if there is a major difference between the appraised value and the property owners opinion of worth, then there will be a lawsuit; but preliminary negotiation with landowners can save money.

Commissioner Cook advised his concern was for the landowner not to be stuck with attorney's fees. He expressed concern about Recommendation 21 for Code Enforcement to continue the practice of accepting anonymous complaints; and stated he has a problem with that because people have the right to face their accusers. He noted it is public record; and he is concerned that anonymous complaints can be used for harassment in neighborhood disputes.

Mr. Nelson stated he brought that before the Board last year and lost.

Commissioner Cook inquired what was the reasoning to opt out of the State Retirement System; with Mr. Jenkins responding costs associated with it. Mr. Jenkins stated the County could get a better program for the employees without spending as much; but once a County is in the Florida Retirement System, it cannot get out; and a legislative change would be required. Commissioner Cook inquired if the Panel believes there would be other options which would have a greater return to the County employees at lower cost to the County; with Mr. Jenkins agreeing. Chairman Higgs advised there are programs with better returns than the State Retirement System with less input. Commissioner Cook stated the recommendations are excellent; and he appreciates the work of the Study Panel. Mr. Nelson stated Mr. Jenkins solicited reports and recommendations from the employees; and recommended the Board review them.

Dale Young, 2401 Dairy Road, Melbourne, submitted written materials; stated the reason for the Study Panel was to review the expansion of government; and the first decision was to determine whether the County's rate of growth is a problem. Mr. Young provided statistics relating to the growth of the County and revenues. He stated the future of the County is dictated by the character of the people; the median age is in the upper 30's; the bank deposits went from $1.3 billion in 1984 to $3 billion in 1994; as less than one-half of the County's population works, that is a good indication the County is a retirement community; and people on fixed incomes or investment incomes have a hard time keeping up with the tax increases. He requested the Board give the recommendations serious consideration and not dismiss them as the personal agenda of anyone. He advised the Board is the steward of the taxpayers' concerns. He stated bonding should be reserved for true emergencies; and recommended adopting an Ordinance to establish that the total outstanding general long-term debt and Certificates of Participation shall not exceed an amount equal to the revenue generated by seven mills of the County's current assessed value, with the Enterprise Fund total long-term bonded debt not to exceed twice the current revenues. He recommended establishment of a citizen review committee to review and relieve the burden of the Comprehensive Plan by eliminating non-productive regulations. He recommended prohibiting the transfer of any County assets to private or non-profit organizations for less than the appraised value or by general referendum. He recommended establishing caps on County employees and space in proportion to the population; and stated any employee who knowingly withholds or conceals or provides altered or false information to a proper request should be dismissed. Commissioner Cook expressed appreciation for Mr. Young's efforts.

Patrick Martin, 1470 Central Avenue, Merritt Island, stated he wishes to let his recommendations stand on their own; and when the Commissioners have had an opportunity to review them, they can make their own judgments. He advised he used the review of all documentation to open a dialogue of ideas; he used A Passion for Excellence as a guideline; and it is his belief that form follows function. He noted his awareness of the controversial issues involved; and stated pioneers of new ideas are always subject to criticism.

Mr. Nelson noted an additional amount of money which was not brought to the Board's attention is the Lease-Purchase arrangements; it is difficult to get a total of those; but there was a report on that money. He requested the Board review the budget, the County Finance records, and the Property Appraiser's information; and noted the difficulty in tieing all of the figures together to come up with an equal dollar in all cases. He stated growth has been phenomenal; there are 237,777 acres of tax exempt property in the County which is 38% of the County; and the tax exempt property is valued at $21,545,914,026 out of a total value of $56 billion. He advised the square footage of County government buildings has increased from 1,000,000 square feet to 1,900,000 square feet in five years; and a lot of that is not being used. He stated the number of employees has changed as a result of adding programs based on assumed federal and state mandated requirements; and in some cases state and federal requirements are being duplicated in environmental areas. He advised the growth of environmental area has been a major swing in the pendulum. He stated the Board can make a difference in the excessive growth and cost to the government; the Board can cut the budget; and suggested cutting it in half by getting rid of half the employees and disposing of property. He recommended the Commissioners pay attention to their job descriptions under the Charter; and presented each Commissioner with a plaque outlining the job descriptions. He read aloud from the plaque. Commissioner O'Brien requested Mr. Nelson address the subject before the Board which is government growth. Mr. Nelson advised the growth of government is caused by the Board not abiding by the Charter. He stated the Study Panel received cooperation from staff during the study; and the most cooperative have been the County Manager and his staff, and the staff of the Clerk of the Circuit and County Court and the Property Appraiser. He advised of the Panel's participation in satellite reviews of government with the City of Charlotte, North Carolina. He stated the life of the Study Panel has been terminated.

Commissioner Cook stated the Board heard excellent suggestions to stem the growth in County government; and the Board should act on them.

Motion by Commissioner Cook, seconded for discussion by Commissioner O'Brien, to acknowledge receipt of the Growth in Government Study Panel Final Report and the individual reports of B. B. Nelson, Patrick Martin and Dale Young; and direct the County Manager to schedule the recommendations for consideration by the Board at a future meeting.

Commissioner Ellis stated the issue that has not been addressed is why there has been a large increase in County employees and space; and many of the increases have nothing to do with the Charter, such as the increases in the Library System. He requested a chart showing the people who have been added, the duties they perform, and why these duties are being performed. He requested an analysis be done of County government; and suggested one of the reasons County government has grown so large is because it tries to do too much. He stated it may be appropriate to de-scope some of the services. He noted many times when the Board passes rules, it does not look at what comes with the rules.

Commissioner Cook stated he shares the same concerns; and one of the disturbing things brought out by the report was an increase of 296 new positions over the last five years. He stated the Board needs to look at what the justification was for those positions and if there is anything the Board can do in the future to control that.

Commissioner O'Brien stated the reports are complicated; and suggested scheduling the issue for the first meeting in August.

Commissioner Ellis stated many of the changes need to be made in the budget; and suggested discussing the issue in early July. Commissioner Cook expressed a preference for July. Commissioner O'Brien suggested the second meeting in July. Commissioner Ellis requested an analysis of the hiring freeze. Commissioner Cook agreed the Board needs to have a report on the hiring freeze; and stated the initial report he received was a savings of over $588,000 just by initiating the freeze. He noted during the freeze, County government kept operating, level of service was good, there was no increase in complaints, and the County operated efficiently. Chairman Higgs stated the Board requested a report on the hiring freeze; with Mr. Jenkins responding staff provided some information, but not everything the Board wants.

Commissioner Scarborough stated he was looking for something that would address the growth and cost of government; and while he agrees with some of the recommendations, that does not have anything to do with reducing the size of government. He requested the Study Panel make recommendations on what will reduce the size of government. He noted Mr. Nelson tore the budget in half; and inquired if he is supposed to fire every other employee. He stated this is playing with words; as long as the Board plays with words, it is not being honest with the people; and the report is not completely honest. Commissioner Cook stated there are good recommendations. Commissioner O'Brien stated there are some that are good, but many are politically driven, and a lot of them have nothing to do with government growth. He stated he would like the opportunity to cut the fat out of the report and get it down to the reality of government growth. Commissioner Scarborough stated he has difficulty seeing how he's going to reduce the budget from the document he received today; and the Study Panel needs to do more work. Commissioner O'Brien stated he gets the inference that County staff was not allowed to speak up in a manner that would give viable information; some members of the Study Panel are saying they were refused information or that the information they were given was not correct; and these are the things the Board should look into. Commissioner Cook advised the Study Panel was made of citizens who came up with the recommendations on their own time; and it may not be what the Board wanted in all areas, but some are good suggestions which are worthy of consideration. He noted some of the issues in County government have been driven by Article 5-type things; some things supplement state programs and should be a state responsibility, but they have been shifted to the counties; and those things need to be addressed.

Chairman Higgs stated the motion is to accept the report and reschedule the issue for July, 1995.

Commissioner Ellis stated even though the Comprehensive Plan is mandated by the state, he is not sure the County's specific Plan is what is mandated. Commissioner Scarborough stated he agrees; and there have been workshops to make a simpler Comprehensive Plan. He stated he appreciates the Study Panel's time and effort, but he does not see anything new.

Commissioner Ellis inquired where is the Board going with changes on the Comprehensive Plan. Mr. Jenkins stated he is putting together a memo to advise the Board what is being done; the Comprehensive Plan is being reviewed to eliminate those things that are duplicative and find those things that are better addressed by Ordinance than by the Plan; things that are obsolete need to be eliminated from the Plan; and the Comprehensive Plan is being reviewed as it relates to state mandates to identify areas where the Plan goes beyond what the state mandate currently requires. He stated staff is also looking at the Development Regulations to determine whether or not they are cost effective and beneficial; and he will have an itemized list within a week.

Commissioner Cook suggested the Board consider Recommendation 22 relating to the Constitutional Officers.

Chairman Higgs called for a vote on the motion to accept the report and schedule discussion for July, 1995. Motion carried and ordered unanimously.

Chairman Higgs expressed appreciation to the Growth in Government Study Panel.

ACKNOWLEDGE STAFF REPORT, RE: DOGS IN PARKS

Parks and Recreation Director Charles Nelson advised staff was asked to investigate the possibility of expanding the opportunities for people to take their dogs to park areas; dogs are currently restricted to camping areas and portions of Wickham Park; and staff does not propose to expand that. He stated if the Board chooses to expand the use, staff would like to look at the possibility of identifying up to three parks as locations where animals could be taken. He advised of health and enforcement issues.

County Manager Tom Jenkins stated he did not totally agree with Mr. Nelson's recommendation; and it might be better to study the issue to see if there is a park which could be set aside for people who wish to take their animals to the park. He stated he did not want to deny Mr. Nelson the opportunity to make his recommendation; but suggested the Board get a citizens' group to study alternatives.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to acknowledge the report on dogs in the park.

Commissioner Ellis stated he brought up the issue before about having a beach area designated where people could take dogs. Commissioner Cook suggested signage. Commissioner Ellis stated Martin County and St. Lucie County have designated beaches. Commissioner Ellis inquired if the Board will take action; with Chairman Higgs responding the Board is acknowledging the report.

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

Motion by Commissioner Ellis, to consider establishing certain parks and beaches as locations where people may take dogs. Motion died for lack of a second.

SPEED HUMP REQUEST, RE: PLUM AVENUE

Chairman Higgs advised Michele Carter submitted a card, but had to leave; and read Ms. Carter's comments in support of the speed bumps.

Coleman McCaskey, 1520 Plum Avenue, Merritt Island, advised the neighborhood has a lot of children, handicapped people and elderly people; and expressed support for the speed humps.

Terri Creighton, 1500 Plum Avenue, Merritt Island, advised some of the drivers on the street are intoxicated; and expressed support for the speed humps for the safety of the children.

Commissioner O'Brien stated he drove down the road to see what the people were talking about and spoke with some of the residents; the entire neighborhood wants the speed bumps; they are tired of people speeding on the road; and this is one way of trying to contain the situation. He stated the Sheriff cannot park on the street to handle the problem.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve installation of speed humps on Plum Avenue.

Commissioner Ellis stated he understands the problem; but inquired if 83% support it and it is a closed community, who is speeding. He inquired if it is a small group of people who are continually speeding; with Commissioner O'Brien responding yes. Ms. Creighton advised it is the people who live there. Commissioner Ellis expressed concern that people who speed will start taking shortcuts through other streets when the speed humps go in; and in the long run there may be speed humps throughout the whole area. Ms. Creighton advised other streets have stop signs, but Plum Street does not. Commissioner Ellis inquired if it would be easier to install stop signs.

Commissioner Cook stated he agrees; there is a proliferation of speed bumps; and if someone is driving while intoxicated or speeding, that is a law enforcement problem. He expressed concern about putting in speed bumps when the criteria for speed bump installation has not been met; and suggested increasing the signage and using speed bumps as the last alternative. Commissioner O'Brien noted an emergency vehicle would have to stop for a stop sign the same as slowing down for a speed bump; the Sheriff will not set up radar there; and the speed bumps are the only option.

Commissioner O'Brien advised 76% of the vehicles at peak hour exceeded the speed limit. Commissioner Cook inquired if the intent is to put speed bumps on every street in Merritt Island; and stated there should be criteria. He inquired if the Board is not going to pay attention to its own criteria, what is it doing and is it a political thing. He stated some measure is needed so that if the criteria are not met for speed bumps, then the Board cannot allow speed bumps but can provide signage. Commissioner O'Brien stated when 83% of the people express support for speed bumps, there must be a good reason because most people do not like them. Chairman Higgs suggested the criteria may be wrong. Commissioner Cook inquired if Chairman Higgs is suggesting lowering the criteria; with Chairman Higgs responding the criteria may be wrong, and she does not know whether it needs to be lowered or raised. Commissioner Scarborough stated stop signs are a bad option to control speed. Traffic Engineering Director Billy Osborne stated according to the Manual on Uniform Traffic Control Devices on which everything is based, stop signs are not intended for speed control nor are they to be used for that. Commissioner Cook stated he was not talking just about stop signs, but speed limit signs. County Manager Tom Jenkins advised the Uniform Code does not allow stop signs to be used for those kinds of things; and the engineers never recommend them because they are concerned from a liability standpoint. Mr. Jenkins stated the criteria were drafted by staff and voted on and approved by the Board; it tried to blend a practical solution to a problem where engineers are uncomfortable with using traffic devices other than as specified in the Uniform Code; and citizens come in regularly to request relief. Commissioner Ellis expressed concern that installing speed bumps will move the problem to other streets; and advised Satellite Beach uses stop signs in residential areas. He stated it would be more appropriate to install stop signs on Plum Street instead of speed bumps. Commissioner O'Brien explained the problems with young drivers who ignore the speed signs and other measures. Commissioner Ellis reiterated his concern about the speed bumps moving drivers over to another street. Commissioner O'Brien advised there is not another street for them to move. Chairman Higgs described a situation in Melbourne Beach where the speed bumps controlled the traffic without sending traffic to other streets.

Chairman Higgs called for a vote on the motion. Motion carried and ordered. Commissioners Scarborough, O'Brien, Higgs and Ellis voted aye; Commissioner Cook voted nay.

Commissioner Cook suggested before a request for speed bumps comes to the Board, staff should check to be sure there is proper signage. Commissioner Ellis advised of a similar problem in his neighborhood which was controlled with signage.

APPROVE BUDGET CHANGE REQUEST, AND AUTHORIZE STAFF TO PROCEED WITH FORECLOSURE ACTIONS, RE: CERTAIN PROPERTIES IN PORT ST. JOHN EAST WATER MSBU

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to authorize staff to proceed with foreclosure actions against the property owners in the Port St. John MSBU who did not respond to the demand for payment issued in January, 1995 by the County Attorney's Office; and approve a Budget Change Request transferring $150,059 from Reserves to Legal Services. Motion carried and ordered unanimously.

The meeting recessed at 12:10 p.m. and reconvened at 1:23 p.m.

Assistant County Manager for Community Services Joan Madden advised the contract with the Buchanan Company has been readdressed and the following changes made: (1) the term will be seventeen months starting May 1, 1995 and going to September 30, 1996 at a rate of $7,785.82 per month for a total price of $132,358.94; (2) the room nights projected will be 12,000 over the seventeen-month term; and (3) the penalty for each room night under the goal is $11.03 which can be rounded to $11 if the Board desires per night, to be reimbursed within thirty days of the end of the contract, if the penalty clause is invoked.

Chairman Higgs advised the terms are reasonable.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize execution of Agreement with the Buchanan Company, Inc. for sports promotion and development, amended as follows: (1) the term of the Agreement will be seventeen months, from May 1, 1995 to September 30, 1996 at a rate of $7,785.82 per month for a total price of $132,358.94, (2) with 12,000 room nights projected, and (3) with the penalty for each room night to be $11.03, to be reimbursed within 30 days of the end of the contract, if the penalty clause is invoked. Motion carried and ordered unanimously.

APPEAL OF HUGH P. KELLY, RE: DECISION OF ONSITE SEWAGE DISPOSAL VARIANCE BOARD

Pat Kelly, 2550 S.E. Victory Avenue, Port St. Lucie, stated he is the owner of property on Grant Farm Island; and outlined the provisions of the Ordinance relating to development in areas with no public sewer or water. He stated in order to develop, the County is requiring an aerobic system. He noted the 30% specified in the Ordinance was arrived at through negotiation with General Development Corporation for development of Palm Bay; and there is no scientific data to support 30% or any other percentage. He advised GDC was not concerned about the low percentage because the company knew 100% of the lots that would be built upon would be served by public water and public sewer; and explained how GDC benefitted from the low percentage. He stated he thought the percentage meant you could build on every fourth lot, so there would be one septic system per acre; but that is not the way that is used; and explained how it is done. He questioned the fairness of the percentage procedure. He advised on Grant Farm Island, the density of septic tanks is seven per acre whereas in the County, it is thirteen per acre; and explained the measures being taken to insure the waters around Grant Island are not polluted.

Larry Sims, Consumer Health Services Supervisor, advised the 30% density requirement was the result of negotiation between HRS, GDC and the County; and it was to alleviate the need to put in sewers right away. He explained why everyone is not required to put in an aerobic septic system. He advised the waters around Grant Farm Island are monitored by the Natural Resources Management Division as well as the State; in 1993 the waters were downgraded for shellfishing because of deterioration; and he does not know what impact that will have on building on the island. He noted there has been an impact to the shellfishing industry because now the clams harvested in that area have to be transported to another area of the river to be cleaned.

Commissioner Cook inquired what is the main problem with the Zabel filter. Mr. Sims displayed a Zabel filter; and advised of the problems with the filter. He explained an aerobic system requires an annual operating permit as well as a maintenance agreement for someone to maintain the system. Commissioner Cook inquired what do the other residents on Grant Farm Island have; with Mr. Sims responding two applicants have aerobic systems, and since the density requirement went into effect, everyone has been required to put an aerobic treatment unit in. Commissioner Cook inquired how much does an aerobic system cost; with Mr. Sims responding $1,500 upfront; there is a $150 annual operating permit; and a maintenance agreement runs between $150 to $180 a year.

Commissioner Ellis inquired why is there an operating permit; with Mr. Sims responding it is a State-mandated permit. Commissioner Ellis inquired if that money is collected and turned over to the State; with Mr. Sims responding it is collected for the County's use. Mr. Sims explained the County performs an inspection to make sure all the equipment is there; and the new Code now requires a sample. Commissioner Ellis inquired if that is done every year; with Mr. Sims responding yes. Mr. Sims stated there is a possibility of the maintenance entity helping out with Mr. Kelly's maintenance. Commissioner Cook inquired who came up with the $150 fee; with Mr. Sims responding the State. Chairman Higgs inquired if it is the same fee everywhere; with Mr. Sims responding it does not exceed the State fee. Chairman Higgs inquired if the County could set a lower fee if it covered the costs; with Mr. Sims responding it is the minimum State fee.

Chairman Higgs stated the Commissioners received a copy of the report showing the fecal coliform levels that have been monitored; and the Board needs to do everything it can to protect the waters. She stated there are indications that there are some elevated levels although they do not exceed the standards established by Ordinance; and she does not think it would be wise to grant the variance in light of the evidence. She stated Mayor Broom, who sits on the Variance Board, advised he supports denial of the variance.

Commissioner O'Brien stated the fecal coliform levels have been climbing steadily every year because of the increase in population; and he agrees with the Variance Board.

Commissioner Cook stated he does not understand how the County allowed the island to be developed. Commissioner O'Brien noted people chose to live there; with Commissioner Ellis advising Merritt Island is also an island.

Commissioner Ellis stated the Board is talking about one septic tank; and inquired about the other septic tanks. Chairman Higgs noted there are a number of septic tanks on the river; and there are questions of what the impacts are. Commissioner Ellis inquired why there is no long-term County plan to run sewer lines south if the impact of the single septic tank is so great. Chairman Higgs stated there is a unique environment in the middle of the river with the pumped island and sand; there is a concentration of septic systems in one place; and even though there has been research, the knowledge is not at a point where the idea that this is necessary could be sold to people. She expressed concern about septic tanks; but advised the impacts are not fully documented. Commissioner Ellis stated the County should look at a long-term plan; with Chairman Higgs advising the County may have to do that. Commissioner Ellis inquired if there is a long-term plan to run sewers down the South Beaches and the South Mainland. Chairman Higgs stated she does not know about the South Mainland, but there is the capacity to go down the South Beaches if necessary. Assistant County Manager for Environmental Services Stephen Peffer advised there are transmission line challenges; but at the current density in the Comprehensive Plan, that could be handled. Commissioner Ellis inquired if there are contingency plans; with Chairman Higgs responding she does not think the County has a plan on that, and will have to get the knowledge base before making that decision.

Commissioner O'Brien stated the County spends millions of dollars to clean up the river; and this will add to the burden. Commissioner Ellis stated every month there are people building along the Indian River with septic systems; and inquired if the Board is worried about one septic system on Grant Farm Island, but not seeing the big picture with thousands of septic systems on the Indian River Lagoon. Commissioner O'Brien stated the Board is seeing this because Mr. Kelly came to the Board, but none of the others have a variance. Chairman Higgs advised of the unique situation on Grant Farm Island. Commissioner Ellis inquired if this is the only problem in the river that has a problem with septic systems; and noted the Board has not been given information on monitoring in other areas of the river.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to deny the appeal of Hugh P. Kelly of the decision of the Onsite Sewage Disposal Variance Board; and approved allowing Mr. Kelly to proceed in accordance with the stipulations set by the Onsite Sewage Disposal Variance Board.

Commissioner Scarborough stated once an area hits the threshold, it has to go to aerobic systems; septic systems may not work; if a sewer line cannot be run to the area, a person is not being denied use of the property if he uses an aerobic system; and it is a compromise.

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

PROPOSAL FOR SETTLEMENT OF PENDING LITIGATION, RE: MODERN, INC. V. BREVARD COUNTY

Ken Crooks, 101 South Courtenay Parkway, Merritt Island, Attorney representing Modern, Inc., advised Charles Moehle and Robi Roberts are present to answer questions. He stated a package of information has been submitted to the Board; and outlined the contents of the package. He stated Modern, Inc.'s property is approximately 100 acres surrounding the North Brevard Solid Waste Transfer Station on SR 405; and advised of challenges on various grounds. He stated he discussed with County staff and the County Attorney's Office alternative means for his client and other similarly situated property owners to adapt their development plans to allow the County to continue to have the land use designation of PIP as opposed to heavy and light industrial which is what the Board's prior action was. He advised a proposed ordinance has been drafted which changes several of the uses in PIP zoning category; staff made various suggestions, many of which have been incorporated; and the ordinance was submitted back to County staff for further review. He stated he was advised for the ordinance to receive further review or processing, Board direction would be necessary. He advised the proposed ordinance would add several permitted uses of a light industrial nature to the PIP land use classification as well as including a number of light industrial uses as a permitted use with conditions; and it specifies the additional conditions that would be included for the permitted uses which reflect the conditions found in the light industrial land use classification. He noted the major distinction is an additional requirement that would only allow permitted uses where the property is more than 660 feet away from a residential boundary; and staff responded positively to the idea of having something between heavy and light industrial and the limited uses allowed in PIP. He stated the adverse impact to his clients' property has been severe; he is looking for Board direction to staff to review the proposed ordinance, and if it is viable, to present it to the LPA and the Board. He advised if the proposed ordinance is adopted, the law suit against the County would be dismissed, the property owners would be able to develop their property the way they want, and it would provide additional relief to property owners in similar situation areas throughout the County.

Commissioner Cook inquired if the shaded areas on the map are deletions or additions; with Mr. Crooks responding additions.

Commissioner Ellis inquired about the possibility of going back to IU. Mr. Crooks advised his clients would be happy with that, but do not feel that is something they have to have; and the proposal is a reasonable alternative.

Charles Moehle, 65 Country Club Road, Cocoa Beach, stated since this issue first came to light, there are a couple of new Commissioners; he is primarily present to answer questions; and outlined what happened to the property. He described the area around his property including the heavy industrial uses on County-owned property; and advised he is unable to do anything economically feasibly with his property. He stated he tried to work with the County to use the property. He noted he originally brought this to the attention of the Board because there was a proposal for a dirty industrial use that needed a Conditional Use Permit which he objected to. He advised he does not wish to do anything with the property which is dirty industrial.

Robi Roberts, 1514 South Washington Avenue, Titusville, stated she is owner of a construction company in Titusville which employs ninety people which she planned to move to the property; a construction company is located across the street, which is in the City; and because they cannot use the property, she keeps adding trailers. She stated she is looking forward to being able to use the property, but since the zoning changed there is nothing she can do because she cannot park heavy equipment under an enclosed area. She advised she would appreciate any help from the Board.

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to direct staff to proceed with amendment of the Comprehensive Plan in the 1995B cycle to return the land use designation on property involved in the case of Modern, Inc. v. Brevard County to IU.

Commissioner Ellis stated the property was IU when this started; he did not support the change; the transfer facility and mulching facility have been put in place there; and returning the property to IU is a better solution than amending the ordinance on PIP, not knowing how it will affect other PIP properties.

Commissioner O'Brien stated by changing the Comprehensive Plan, the Board is digging a deeper hole; and he is against making a lot of changes.

Commissioner Scarborough stated he did not support IU on the property before; and there will be other people who have concerns. Commissioner Ellis inquired what are the concerns; with Commissioner Scarborough responding the concerns will be discussed at the public hearing.

Assistant Growth Management Director Peggy Busacca stated there are four tiers of property between SR 405 and I-95; the property closest to I-95 has been PIP since 1988 because of the 660 rule; and inquired if the next two tiers, which are closest to SR 405, and which are the subject of the Comprehensive Plan Amendment, are the properties the Board is directing go back to heavy and light industrial, and does that include the outparcels. Commissioner Ellis stated if the Board does this, he would want to do the outparcels.

Mr. Crooks stated the first area is under the same land use designation of PIP, but is zoned GU; and his clients do not care how the GU property is designated next to I-95. Commissioner Ellis stated the first two tiers would be PIP and the next two tiers would be IU.

Ms. Busacca indicated the areas on the map; and explained the changes. Commissioner Ellis stated the outparcels would be included unless the owners have objections. Ms. Busacca stated the owners will be notified, and if they are interested in participating, they will be included in the 95B cycle.

Chairman Higgs called for a vote on the motion. Motion carried and ordered. Commissioners O'Brien, Cook and Ellis voted aye; Commissioner Scarborough and Higgs voted nay.

DISCUSSION AND DIRECTION, RE: CLARIFICATION OF CODE ENFORCEMENT POLICIES AND PROCEDURES

Assistant County Manager for Environmental Services Stephen Peffer advised the item relates to clarification of Code Enforcement policies and procedures; a report for the Board has been prepared; and staff is looking for direction from the Board on whether there are areas the Board would like to see changed. He explained the sections of the report.

County Manager Tom Jenkins noted since the issue of anonymous complaints is widely debated and has a significant impact on the workload of Code Enforcement, a trial period can be used to see how not taking anonymous complaints affects operations.

Mr. Peffer advised Code Enforcement is an education organization, working with people who have violations; and Code Enforcement responds to complaints rather than being pro-active with the exception of contractor licensing and temporary signs. He stated there has been discussion about the concern that puts Code Enforcement into the situation of arbitrarily enforcing the law; but it is not arbitrary because Code Enforcement follows a policy of only responding to complaints that are called. He advised of additional procedural issues including surveillance, neighborhood feuds, and non-enforceable complaints. He requested the Board consider a policy relating to Code Enforcement liens.

Commissioner O'Brien stated if the Board allows people to come before it for appeal of Code Enforcement liens, then the Board will become the court of appeals; and that is not the Board's job. He stated these issues should be negotiated with staff; if they cannot be worked out, they should go before the Code Enforcement Board to hear the case again; and the recommendation can come to the Board. He noted the Board never hears the case.

Commissioner Cook stated he has no problem with the person appealing to the Code Enforcement Board and the recommendation coming back to the Board for action. He noted last year there were over 4,000 notices of violation sent out from Code Enforcement. A representative of Code Enforcement advised that was the number of complaints received by Code Enforcement. Commissioner Cook stated the Board needs to be careful of who it is empowering; and he would like to see a statement of the citizens' rights included in the notice of violation. He stated the citizens need to know what their appeal process is.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to direct that all letters of citation include a statement of the public's rights under the law. Motion carried and ordered unanimously.

Commissioner Scarborough stated the Code Board is different than the Code Enforcement Officer because it is quasi-judicial; and the Code Board should be the entity to deal with the fine and make the recommendation to the Board. Commissioner Scarborough described a scenario; and stated the Board should hear only rare cases where the individual is not happy with the decision of the Code Board.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to direct that when liens are reconsidered, they go to the Code Enforcement for a recommendation before coming to the Board of County Commissioners for release of lien. Motion carried and ordered unanimously.

Mr. Peffer advised if a fine has been paid in full, the Board can delegate release of lien to staff.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to authorize staff to handle satisfaction of liens if the fine is paid. Motion carried and ordered unanimously.

Commissioner O'Brien stated the Code Enforcement Board meetings cost almost $1,000; it totals $12,000 to $13,000 for the meetings; and special masters would cost $65 to $75 an hour. He suggested holding Code Enforcement Board meetings every two months and setting aside $6,000 for a special master.

Commissioner Cook stated he is more comfortable with the hearing before a body of citizens. Commissioner O'Brien stated the person would still have the ability to appeal if he did not like the decision of the special master. Commissioner Scarborough stated the Board pays an attorney to be at the Code Enforcement hearings; and suggested the attorney serve as the special master. He inquired if it makes any difference to meet twice a month rather than once a month, which would not have much increase in cost. Commissioner O'Brien stated if the budgetary process allowed $6,000 a year for a special master and $6,000 for a Code Enforcement Board, the Code Enforcement Board could meet every other month, and the special master could come in once a week for two hours to take care of the two or three serious problems. Commissioner Ellis stated if someone does not like the decision of the special master, he can appeal to the Board; and inquired if everyone who loses will appeal to the Board. Commissioner Cook stated everyone who loses will come to the Board; he understands the intent; but the Code Enforcement Board should hear it and make the recommendation. Commissioner Scarborough stated if there was a special master, it would be like the trial judge; and then it could be appealed. He stated what may result is having someone who is more knowledgeable about the law and more consistent; and what will be given up is the ability to persuade your neighbor. Commissioner Cook expressed concern that anybody who loses will automatically appeal to the Board. Commissioner O'Brien stated he does not believe that would be the case because a lot of people would be afraid to. Commissioner Scarborough stated this is already overwhelming; and this is creating more work. Commissioner Cook inquired if the citizen is being put through more hoops in having to present his case to a special master, and then the Code Enforcement Board. County Attorney Scott Knox advised the special master provision in the Statute is in lieu of the Code Enforcement Board; the Board could have both if it sets up a mediation process before going to the Code Enforcement Board; but if the special master has the final decision making power, it is in lieu of the Code Enforcement Board. Commissioner Cook stated he hates to cut out the Code Enforcement Board.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to eliminate Code Enforcement action on anonymous complaints for a six-month trial period.

Commissioner Cook stated people have a right to confront their accusers.

Commissioner O'Brien stated he cannot support the motion; and expressed concern that people, especially senior citizens, will be afraid to report Code violations because of fear of retribution. Commissioner Cook stated Commissioner O'Brien does not know the senior citizens he knows.

Commissioner Scarborough stated he agrees with Commissioner O'Brien; everyone has the right to confront their accuser; however, the violator is the property not the individual; and the property speaks for itself. He stated this is not seeing a person commit a crime; and this is seeing a property in a state that is contrary to the Code.

Commissioner Ellis stated that is not always the case; the violations are not always on something visual like property; but there is also noise and other things.

Commissioner O'Brien advised his 85-year old mother is afraid to call Code Enforcement because she fears repercussions.

Commissioner Cook stated he does not see why this cannot be tried for six months; it would cut down on the workload of Code Enforcement; and if it does not work, then Code Enforcement will go back to accepting anonymous complaints.

Commissioner O'Brien inquired how will the Board know if it is working; with Commissioner Cook responding the Board will know from the number of people calling in to complain.

Chairman Higgs stated she will support the motion; she is interested to see the results; and this may be a better way to go.

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

Motion by Commissioner Cook, seconded by Commissioner Ellis, to eliminate Code Enforcement action on non-enforceable complaints.

Commissioner O'Brien stated people deserve an answer in writing advising of the proper authority; and Code Enforcement should refer the problem to the proper authority. Commissioner Cook stated he has no problem referring citizens to the proper authority, but he does not want to send an officer out on the complaint. Commissioner O'Brien clarified he does not want the citizen referred; and Code Enforcement should make the call for the citizen. Commissioner Cook stated he has no problem with that.

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

Motion by Commissioner Ellis, seconded by Commissioner Cook, to accept complaints on overgrowth, parking/locating/storing of recreational vehicles, fence/wall height and setback, and utility shed setback only from adjoining property owners.

Commissioner O'Brien stated often the person calling in a complaint is the president or vice president of the homeowners association. Commissioner Ellis stated someone came into his office with photographs of Code violations in his entire neighborhood; and there are people who have nothing better to do. Commissioner Cook suggested accepting complaints from people on the same street. Commissioner Ellis suggested accepting complaints from property owners within 500 feet. Commissioners O'Brien and Cook agreed that is reasonable. Commissioner Scarborough stated some of this adversely affects other people's properties; if you live in the community with other people, you have responsibilities; and he will hear about someone not being able to sell their house because the County is not enforcing the Code. Chairman Higgs agreed; and stated she will not support the 500 feet. Commissioner Ellis stated there are some people who think that every neighborhood should be deed restricted so every house is kept like theirs; but those people should move to deed restricted areas and leave other people alone. Commissioner Cook concurred that some people just drive around and file complaints.

Commissioner Ellis stated he is willing to amend the motion to include property owners within 500 feet. Commissioner O'Brien inquired if Commissioner Ellis would be willing to amend the motion to property owners within 1,000 feet; with Commissioner Ellis responding affirmatively. Commissioner Cook accepted amendment of the motion to specify property owners within 1,000 feet.

Chairman Higgs noted those will not be anonymous complaints.

Commissioner Scarborough advised of problems that will occur; and stated the Board is not accomplishing anything because a rule should be enforced when a complaint is received. He stated he cannot support the motion.

Commissioner Ellis stated if there is a subdivision with 100 homes, and one person is constantly complaining about everyone, but the other 99 homeowners are happy, the County should not be trying to turn it into a deed restricted neighborhood.

Commissioner Scarborough stated his experience has been there are 99 people complaining about one person rather than the reverse. Commissioner Ellis stated if 99 people are upset, then one will live within 1,000 feet of the problem. Commissioner Scarborough stated this is creating impediments to making this uniform. Commissioner Cook stated if the neighbors within a quarter-mile do not have a problem, he is not concerned about it being a serious Code violation.

Chairman Higgs called for a vote on the motion to accept complaints on overgrowth, parking/locating/storing of recreational vehicles, fence/wall height and setback, and utility shed setback only from property owners within 1,000 feet. Motion carried and ordered. Commissioners O'Brien, Cook, and Ellis voted aye; Commissioners Scarborough and Higgs voted nay.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to direct staff to report to the Board in six months on whether the measures are working or not. Motion carried and ordered unanimously.

Commissioner Ellis stated the Board still needs to work on the issue of fines. Mr. Peffer noted the Code Enforcement staff does not dictate the fines; that is done by the Code Board; and the process which was suggested to resolve the liens will take care of some of the extraordinary situations where fines which have accrued daily have gotten out of hand. Commissioner Ellis inquired if there is a way to narrow the range of the fines. Mr. Peffer suggested setting a maximum on fines, noting there are many variables.

Commissioner O'Brien advised he sat on the Code Enforcement Board for two or three years; and it is not arbitrary and capricious. He stated where property owner A may have junk in his yard, property owner B may have a serious extended problem with junk in his yard; and it is necessary to make property owner B understand what it is going to cost him if he does it again. He stated the County does not want to put the homeowner in jail or own the property; but some people are hard-headed; and until the County gets their attention, they will not do anything.

County Manager Tom Jenkins advised Mr. Peffer will no longer be overseeing Code Enforcement which now will be under Mr. Sprague and Mr. Sternagel.

ACKNOWLEDGE STAFF REPORT AND PROVIDE DIRECTION, RE: MOWING OF OVERGROWTH AND REMOVAL OF DEAD TREES ON PRIVATE PROPERTIES

Assistant County Manager for Environmental Services Stephen Peffer advised the report is a summary of the issue if the Board chooses to take action on dealing with complaints on overgrown lots.

Commissioner Ellis inquired if there is a differentiation between improved and unimproved properties. Commissioner Cook stated the rule is if the property has never been mowed, then you cannot be required to mow it. Mr. Peffer stated that is the interpretation that would normally be used. Commissioner Ellis inquired if you would not be cited for overgrowth if you have unimproved property. Mr. Peffer advised that would be considered native vegetation if it had never been cleared and it was remaining in its natural state; and the County would not want to call in an enforcement action which resulted in the clearing of a person's property for them. Commissioner Ellis stated he does not want to cite people for property that has never been cleared before.

Commissioner O'Brien stated he does not want to move on this at all; District 2 only has limited funds; and his District cannot afford action.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to accept report on a program to move and remove dead trees from overgrown private properties. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE AGREEMENT FOR GOLF COURSE MAINTENANCE SERVICES, RE: SAVANNAHS, SPESSARD HOLLAND, AND HABITAT GOLF COURSES

Commissioner Cook stated the Board should grant permission to advertise; and then it should come to the Board.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to grant permission to bid for golf course maintenance services for the Savannahs, Spessard Holland, and Habitat Golf Courses. Motion carried and ordered unanimously.

Commissioner Ellis stated he wants to be sure there is an out clause if the County can get rid of the golf courses; with Parks and Recreation Director Charles Nelson responding that will be included in the specifications.

DISCUSSION, RE: AMENDING SOLID WASTE ORDINANCE REGARDING LAND CLEARING

Doug Robertson, 100 Parnell Street, Merritt Island, stated several months ago he began permitting a borrow pit in the north area adjacent to the Executive Airport; one of the permits required was a land alteration permit; and one of the requirements is to produce a reclamation plan for the borrow pit. He advised his client intends to backfill the pit with land clearing debris, in layers with dirt, and then plant native vegetation. He stated it is good for the client and the County because it makes money for his client and takes the land clearing debris out of the debris stream for the Solid Waste facilities. He stated he submitted for the land alteration permit, and was surprised to discover that land clearing debris is not considered clean debris. He stated Mr. Rabon advised the concern is that these areas cannot be compacted again in the future and potentially could never be developed again. He stated his client is willing to invoke a mechanism such as deed restriction or dedication to take this site out of future development possibilities in perpetuity; but the Ordinance still will not work with this scenario. He noted staff agreed this was not a bad idea; and requested the Board direct staff to work with him and the State to change the language in the Ordinance to allow land clearing debris as clean debris so it can be utilized as part of the land clearing permit process.

Commissioner O'Brien stated staff is saying if the trees, brush and shrubs are buried, there is no stability to the soil, so it is not a good idea. Mr. Robertson agreed that is probably true. Commissioner O'Brien noted at the same time it is impossible to get a burn permit. Mr. Robertson agreed that is true, depending on location. Commissioner O'Brien stated to haul the debris off would be cost prohibitive. Mr. Robertson stated the problem is hauling and disposing at the Solid Waste facility; and that is where the cost and inefficiency comes in. Commissioner O'Brien stated he had the same problem in Cape Canaveral; and advised how he handled the situation.

Commissioner Ellis inquired if it would be possible to put an EA zoning on the property; with Mr. Robertson responding he came up with four or five ways to guarantee the property would not be developed in the future, which was the only concern of staff. Mr. Robertson stated if the borrow pits are going to be excavated anyway, it would be nice to utilize them for something productive.

Commissioner O'Brien inquired if it is a County Ordinance which prevents the burning. Commissioner Ellis advised in order to burn now, it is necessary to have an air curtain incinerator.

Solid Waste Management Director Richard Rabon advised there are several alternatives a land owner could use; he could obtain a permit to burn in a machine such as Commissioner Ellis described; if it is a one-time burn, a permit is not needed; the debris could be mulched onsite or something could be brought in to do that; and in some cases, an open burn permit can be obtained from the State. He advised what Mr. Robertson is referring to is bringing land clearing debris from other sites, not just clearing a piece of property.

Chairman Higgs stated Mr. Robertson wants to operate a landfill for land clearing materials; with Mr. Rabon advising that is correct.

Tim Jelus, 4455 Country Road, Melbourne, stated he has been working with Mr. Rabon since December, 1994 on this same issue; and he supports Mr. Robertson's proposal. He stated he was hoping to take it a step further and have the County allow private industry to operate C and D facilities. He stated he has been a member of the Department of Environmental Protection Task Force for the past year; he talked with private operators and County officials in the Solid Waste Industry; and the system can work. He stated the County currently charges approximately $28 a ton for hauling land clearing debris into the Cocoa or Melbourne operation; every house built in the County budgets $400 for dumping fees for the waste; and if the site is not cleared, another $500 to $750 per house is budgeted to handle the clearing debris. He stated private industry can provide the same service for half the money. He stated one of the concerns of staff would be environmental; but there are mechanisms through performance bonding, insurance policies, etc. that could be put into place. He stated the problems stem from the lack of rules; illegal operations go on; there is a continuous cycle whereby Code Enforcement shuts down an illegal operation, and after a period of time, it starts up again until it is shut down again; but that is not an effective way to handle solid waste. He stated the County will be faced with a big decision within the next five years on how to replace the Melbourne Transfer Facility; and the private sector could help in the same arena under the same State rules. He requested the Board direct staff to draft a resolution to allow C and D facilities operated by the private sector, with input from the public on the draft of the resolution.

Chairman Higgs inquired if there are other counties which are doing C and D landfills under county ordinances; with Mr. Rabon responding there are a number of them. Chairman Higgs inquired if the Board could draft an ordinance that properly protects and insures proper operation of C and D landfills; with Mr. Rabon responding he is confident that could be done.

Commissioner Scarborough stated this is a problem that needs to be addressed; and advised of his experience in North Brevard. He stated adopting a good ordinance is important.

Commissioner O'Brien stated he would like staff to develop two reports, one showing the effect of privatizing and the other showing the effect of not privatizing.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to direct staff to report to the Board on the costs and ramifications of privatizing versus non-privatizing landfills for land clearing debris, with input from the public.

Commissioners Ellis and Cook indicated interest in having the report include C and D landfills.

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

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct staff to report to the Board on the costs and ramifications of privatizing versus non-privatizing landfills for C and D debris. Motion carried and ordered unanimously.

Chairman Higgs inquired when will this come to the Board; with County Manager Tom Jenkins responding in 30 days. Mr. Rabon stated a report could be done in 30 days; but there is legislation under consideration by the Legislature on C and D debris sites; and it would be well to see what the Legislature is going to do because it could change the playing field.

The meeting recessed at 2:45 p.m. and reconvened at 3:05 p.m.

APPROVAL, RE: REVISED 1995 BOARD MEETING SCHEDULE

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve the revised meeting schedule approving June 5, 1995 at 10:00 a.m. as the date and time for the Public Safety Workshop.

Commissioner Cook inquired if there will be any other additions in June; with County Manager Tom Jenkins responding there is a meeting with the Town of Malabar Chairman Higgs called for a vote on the motion. Motion carried and ordered unanimously.

DISCUSSION, RE: BREVARD COUNTY CODE SECTION 114-28, PUBLIC NUISANCE

Michael Blasky, 205 Smith Road, Merritt Island, stated his major concern about the nuisance law is that it is vague and ambiguous, and is randomly and selectively enforced. He advised he was recently cited under Section 114-28, Brevard County Code, for excessive growth on an undeveloped three-acre parcel; some of the adjacent properties have been developed over the past several years; and read aloud the section of Code under which he was cited. He suggested revised language, "the existence of excessive accumulation or untended growth of plant life including trees upon any parcel of land within 100 feet of any improved property within the unincorporated area of Brevard County, or within 100 feet of any road right-of-way to the extent and in the manner that such parcel of land may reasonably become inhabited by rabbits, squirrels, any animal or harmful insect, is hereby declared to be a public nuisance and thereby prohibited.? He inquired what piece of land can conform with the law, and what piece of property cannot support a rabbit, squirrel or an insect.

Commissioner Ellis suggested the property may be bulldozed and filled.

Mr. Blasky advised even if all the vegetation was removed from the property, he is not sure he would be in compliance with the law. He stated it is impossible to voluntarily comply with the law; and there are innumerable interpretations. He stated he informed the Code Enforcement Officer that the property she initially was looking at was an adjacent parcel.

Motion by Commissioner O'Brien, seconded by Commissioner Ellis, to waive the time restrictions to allow Mr. Blasky to speak for an additional five minutes. Motion carried and ordered unanimously.

Mr. Blasky noted the adjacent parcel was part of a common area of a PUD which was previously developed; and the following day he was told that because his land had Johnson grass and the complaint described his property by parcel number, that he was in violation, and would be required to move the Johnson grass to be in compliance. He described the property; advised one-half of one percent of the property is covered in Johnson grass which is intermingled with other vegetation; and to comply he would have to remove the grass by hand. He stated his interpretation of the law would be to bulldoze the entire three acres to remove all vegetation; he did not comply with the wishes of the Code Enforcement Officer, and let the matter proceed to the Code Enforcement Board; and described the hearing. He noted there were seven different interpretations of the law at the hearing; but the majority was in his favor, and he was found not to be in violation. He stated he discovered Code Enforcement Officers will cite only properties on which a complaint has been received, even though in their investigation, other adjacent properties may be observed in the same state; and this constitutes selective enforcement which is a violation of the Fourteenth Amendment of the U.S. Constitution. He noted the original tract which has 100% Johnson grass has never been cited. He explained the arbitrary enforcement of Johnson grass according to height; and stated in the opinion of the Code Enforcement Officer only one species had reached an excessive growth limitation while the other species had grown on the property untended for hundreds of years. He stated the law attempted to cover every situation; and without specifics, each individual can interpret it to be what he or she desires. He noted it would have cost $2,500 to defend him in front of the Code Enforcement Board and proceed with appeals. He stated he is present to insure that what happened does not happen again to him or any other citizen; the law needs to be rescinded or modified; and he provided a draft of revised language.

Commissioner Cook inquired if the initial complaint was against the other property. Mr. Blasky responded the initial complaint was against his parcel by description; however, the complainant was the homeowners association which owned the adjacent parcel which was covered with Johnson grass. He stated the Code Enforcement Officer assumed his parcel was the one in violation, and cited him; and when he pointed out the boundary line, the Officer advised he had a couple of pieces of Johnson grass, so he was in violation. Commissioner Cook inquired if the complaint was about Mr. Blasky's parcel or the other parcel; with Mr. Blasky responding he does not know. Mr. Blasky described his property. Commissioner Cook inquired if the property has been mowed in the past; with Mr. Blasky responding no, his property is vacant acreage. Mr. Blasky stated a fire went through the property in the 1980's; the U.S. Forestry Service put a fire break on the property; and subsequently other properties were developed. He stated the fact that there is Johnson grass, which shows the property has been cleared, no matter how it was cleared, means the property is in violation. Commissioner Cook advised his understanding is if the lot has never been cut, then it is not considered to be overgrowth.

Code Enforcement Supervisor Ron Burch advised when native vegetation has been removed one time by any means, what replaces the vegetation is a noxious species, and continual maintenance is required. He noted there is conflict between the Nuisance and Land Clearing Ordinances.

Commissioner O'Brien stated the Board should take a look at the ideas presented by Mr. Blasky; the Code Enforcement Board had seven different interpretations; and he does not know what should be done. He advised of an overgrown lot in Sykes Cove. Code Compliance Director John Sternagel advised there are areas of conflict in the Nuisance and Land Clearing Ordinances; many of Mr. Blasky's points are valid; and at the Board's direction, staff will review the Nuisance Ordinance.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to direct staff to review the Nuisance Ordinance and make recommendations to address violations on properties which have not been mechanically altered.

Commissioner Ellis suggested striking the word "unimproved." He noted if someone buys next to the woods, they should not complain if the woods get high.

Commissioner Cook stated that may be the answer; but staff will look at it and come back to the Board.

Commissioner O'Brien advised of the problems with defining "improved" and "unimproved"; stated there may be overgrown properties in developments; and if the developer is out of business, there is no one to clean up the property. Commissioner Ellis inquired if it is all natural, what is there to clean up. Commissioner O'Brien stated it would appear natural if development had not taken place all around it; but since development has taken place, it is no longer natural, and it is garbage land. Commissioner Ellis advised then a land clearing permit would be needed. Commissioner Cook stated the Board would not want people taking down trees, etc. until they were ready to build. Commissioner Ellis stated Code Enforcement would cite for clearing without a permit. Chairman Higgs stated staff sees areas that are in conflict, and will review and bring it back to the Board.

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

Chairman Higgs inquired when will this come back to the Board; with Mr. Sternagel responding within 30 to 60 days.

County Manager Tom Jenkins stated the other issue raised by Mr. Blasky is the enforcement only upon complaint; with Commissioner Cook advising it has to be that way or the work load would be incredible.

DISCUSSION, RE: PROPOSED ORDINANCE RELATING TO MINORS IN BARS

Commissioner O'Brien advised of his experiences in various establishments in his District; and stated he would like to make it clear that if a family wishes to take their child to a restaurant or bar, they should sit at a table, not at the bar. He stated bars are an adult atmosphere; and things are said and done there that children should not be part of or witness to.

Motion by Commissioner O'Brien, seconded for discussion by Commissioner Scarborough, to authorize advertisement of an ordinance prohibiting persons under the age of eighteen from remaining on the premises of a commercial establishment licensed under the Beverage Law for consumption on premises.

Commissioner Ellis inquired if the bar area is defined under section G; with Commissioner O'Brien responding affirmatively. Commissioner O'Brien stated if a child needs to walk by the bar to go to the bathroom, or enter or leave, that is fine; but sitting at a bar stool is another matter.

Commissioner Scarborough stated many restaurants have bars although they may be family-oriented restaurants; people sit in the bar area until a table becomes available; but families with children will have to stand while others will be free to be seated in the bar. Commissioner O'Brien stated the majority of restaurants have a bar area, a table area, and a waiting area; and even in bars, there are tables off to the side. Commissioner Scarborough noted some restaurants use the bar as a stacking area; he does not mind advertising; but he has concerns about the effect on restaurants. Commissioner O'Brien stated he is willing to include a provision for a variance. Commissioner Scarborough noted many patrons get their drinks at a table; and he has concerns about restaurants. Commissioner O'Brien stated he is talking about the bar area, which is degrading for children.

Chairman Higgs stated she is not going to support the motion to advertise because she is not going to support the ordinance.

Commissioner O'Brien inquired where are the community standards. He stated this is not a case of personal freedom or rights. Chairman Higgs suggested adults at the bar clean up their behavior so it is acceptable for children to be there. Commissioner O'Brien stated telling the bartenders and owners that children cannot be there is the first step. Chairman Higgs suggested people may gauge their behavior by the standard that it should be acceptable to all people, which would solve the problem. Commissioner O'Brien stated that sounds nice; but with single-parent families and the lowering of ordinary principles, it is a much broader picture; and the Board should start making rules that make sense to remind the parents what is wrong.

Commissioner Ellis expressed concern about the twelve-foot radius. Commissioner O'Brien inquired if five or six feet from the bar would be acceptable. He stated that would allow the parents to sit at the bar and the children would be off to the side standing. Commissioner Cook suggested different wording rather than an arbitrary radius; and stated he has no problem with advertising; but there are concerns that will have to be addressed.

Chairman Higgs inquired why the Board should waste the time and money to advertise unless it thinks it will adopt it. She stated if there are three Commissioners who think they will adopt this, it should proceed.

Commissioner Scarborough stated there are different types of bar arrangements; many of the bars have the same decor and demeanor as the restaurant; and there is just as much drinking in the restaurant because people do not stay in the bar. He stated there are other bars where people stay and never go into the restaurant; he does not know enough about the different types of restaurants to define it; but he would be more comfortable with a definition.

Commissioner O'Brien described the situation at Gatsby's Dockside. Commissioner Scarborough noted those people will not be leaving as soon as their name is called to get their seat; and some bars are used as waiting areas. Commissioner O'Brien suggested including a paragraph to define the places.

Commissioner Ellis described the situation at Frankies; and stated the only options are to sit at the bar, hold the child and wait for your table, or stand for fifteen or twenty minutes while holding the child.

Commissioner O'Brien stated if this ordinance was adopted, any bar coming around in the next twenty years would have better arrangements; and if this is not done, the actions being taken by certain parents with their children will continue.

Commissioner Cook suggested the ordinance come back to the Board before advertising. He suggested the proposed ordinance be in relation to children sitting at the bar, and address the areas Commissioner Scarborough mentioned such as a definition of what constitutes a bar.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to table consideration of advertisement of an ordinance relating to minors in establishments licensed under the Beverage Law for consumption on premises; and directed the County Attorney to prepare a draft ordinance addressing children sitting at bars and defining a bar. Motion carried and ordered unanimously.

DISCUSSION, RE: SEWER CHARGES AND IMPACT FEES

Commissioner Ellis stated connection fees were initially based on the amount of debt for a large bond issue; two years ago, the bond debt was paid down; and since the connection fee was based on the amount of money being borrowed for the sewer plant upgrade, by paying back $25 million of the $95 million, the connection fee should be based on $70 million rather than $95 million which is a 20% reduction.

Commissioner O'Brien noted if he paid $700 last year for the connection fee, he would be irate if his neighbor paid $500 this year, and would demand a refund immediately. Commissioner Ellis stated in that case nothing in government would be lowered because there would always be someone who paid the old rate; and the person who paid the higher rate would demand a rebate. Commissioner O'Brien stated people will demand the rebate; but the money will already be spent, invested, etc.; and with the problems the County will have in the future, particularly with deep well injection, it will need the money. Commissioner Ellis noted the justification on the connection fee was based on the large bond issue; and if you pay down a note, you do not make the same payments that you used to. Commissioner O'Brien stated that is good business; Commissioner Ellis wants to pass the savings on to the consumer; and it will be necessary to go backwards on them all. Commissioner O'Brien reiterated if he paid $700 and his neighbor only paid $500, he would be upset. Commissioner Ellis stated just because he got cheated, he would not want his neighbor to get cheated too.

Commissioner Cook stated he sees the point; the rates are substantial; and there are two options, to reduce the rates or be sure they are not raised any time soon. He inquired when was the last increase. Water Resources Director Richard Martens advised the last service fee increase was in 1993, and the last capital fee increase was in 1990.

Chairman Higgs inquired what would be the consequences if the Board decreased the hookup fees and no longer collected the same number. Mr. Martens advised there is a minimum required amount to collect every year that is included in the bond covenants; it is substantially less than the County is collecting now; and so, the amount of fees collected in one year determines how low it can be taken because the number of building permits and certificates of occupancy varies from year to year. He stated this is also the funding source for the future CIP; and several million dollars a year are collected for this.

Commissioner Ellis stated impact fees are for new impacts on the system; and if there are fewer hookups, there is less impact on the system. He stated what Mr. Martens is talking about should have no effect on going back and redoing lines that were done thirty years ago.

Commissioner O'Brien stated on Merritt Island, they need reclaimed water to come back down the island; but there is no money to do that. He stated they pay $1 for water and $2,000 for sewage.

Chairman Higgs inquired are these impact fees; with Mr. Martens responding yes.

Commissioner Cook inquired about Exhibit A under the Sanitary Sewer Service Rate Schedule. Mr. Martens stated the Rate Resolution includes all of the rates, but in 1993, the only rate that changed was the service fee rate. He stated this issue was discussed last summer; there was a certain amount of discussion on whether these are appropriate rates for the financial plan or the cost to build new plant capacity; and there was discussion about doing a study on the rates. He advised a study has not been done in ten years; and that may be an option the Board would want to consider.

Commissioner Ellis stated the rate was based on the amount of money that was borrowed. Mr. Martens stated the initial rate set in 1983 or 1984 came directly from the amount of money that was borrowed which was based on the amount of the projected improvements; and since that time there were five or six adjustments to that rate that were recommended by the staff and the financial advisor to cover the carrying costs of that debt through time; and the current rate is a combination of the initial rate plus an inflationary factor. Commissioner Ellis stated if the County took $25 million to buy down the debt, he does not understand why the rate does not go down. Mr. Martens advised that is a policy decision for the Board as to how much revenue it wants to collect now for future expansion; and there will be future capital projects to be funded. He advised in approximately 2005 there will be another expansion of the treatment plant required.

Commissioner Cook inquired if that is to subsidize Viera; with County Manager Tom Jenkins responding the people in Viera pay connection fees. Chairman Higgs stated they do not subsidize it, but pay for it through the connection fees. Commissioner Cook noted Chairman Higgs does not like the term "subsidize"; with Chairman Higgs advising it is an inaccurate use of the word. Commissioner Cook inquired about other off site impacts.

Commissioner Scarborough stated the Board needs to look forward; when capacity is reached, expansion is necessary or development must stop; and the question is who should pay for that continuing expansion, the rate users or the additional units which are causing the need for an expanded plant. He described the situation in Titusville with rates being doubled; and stated the cost is being borne by people who have been there a long time. He advised the other option would have been moratorium. He stated there will be expansion with higher and more extensive environmental concerns; it is going to get worse; and the question is whether the Board wants to look at user rates or have the person who moves to the area pay for the infrastructure. He stated it would be constructive to have a study. Chairman Higgs noted it has not been looked at in ten years.

Commissioner Cook stated the County is collecting more money than is needed to meet its obligation; and reducing the rates would be no problem. Commissioner Scarborough inquired how Commissioner Cook knows that. Commissioner Cook inquired what would be the cost of doing another study; and stated he is not sure it would not be counterproductive. Commissioner Scarborough stated it would be good if the Board knew what was going to be required in the future; and related his experiences with the City of Titusville. Commissioner Cook stated a study would be expensive; a rate increase has not been necessary since 1990; the County is collecting substantially more than is needed to meet the minimum obligations; and suggested nothing be done.

Chairman Higgs stated the County has to collect money now to pay for additional expansion or upgrades to the system, which the Board knows it will have. Commissioner Ellis inquired if the Board knows that; with Chairman Higgs responding yes, unless the Board is ready to institute a moratorium. She stated if the Board does not collect money, it will have to bond when the expansion is needed which will cost more money, and rates will have to be raised.

Commissioner Ellis inquired if there will be future capacity problems in Merritt Island and the South Beaches; with Mr. Martens responding not in the ten-year horizon. Chairman Higgs noted there is a $70 million fix on the disposal problem. Mr. Martens agreed there are ongoing discussions with the State concerning the injection well; and if those go poorly, the cost of retrofitting reclaimed water systems on the South Beaches and Merritt Island will overwhelm everything else. Commissioner Ellis inquired if that is an impact of a new home or a cost to be borne by everybody on the system now. Mr. Martens stated it is a cost to be borne by everyone on the system.

Commissioner Ellis stated an impact fee is supposed to relate to the impact you have on a system, not just a gravy train for some money. He stated the second part of the issue is whether the Board believes sewer is better than septic tanks; and inquired if the Board does believe that going to a sewer plant is better than going to a septic system, why should it not take certain areas on septic tanks now, such as Merritt Island or the beaches, eliminate the hookup fees, and have the people hook into the sewer system. He stated if the Board believes that sewer is better than septic tanks, it should be encouraging people to get into the system.

Chairman Higgs stated the Board does not have the supporting data to say that in every situation septic tanks do not function; her feeling is there are problems with septic systems; but there is no data to support that. She stated she does not want to move forward without good data.

Commissioner Cook stated he is not averse to taking another look at this; but he needs more information. He inquired if a commitment has been made from the stormwater tax for work on the South Beaches concerning the deep well and reuse. Mr. Martens advised there has been no commitment.

Commissioner Ellis stated there are places on Merritt Island that are currently on septic tank that could be reached in the service area with sewer; and if sewer is better than septic tanks, then the County should run the sewer lines, with the people only paying for the cost of the lines and not the connection fee. He noted he has heard arguments both ways over the past two and a half years. Chairman Higgs inquired if Commissioner Ellis has information one way or the other; with Commissioner Ellis responding no. Chairman Higgs inquired how a decision can be made to go forward. Commissioner Ellis noted he did not vote to put sewer in Port St. John because the Board did not have that information, but Chairman Higgs did; and there must have been a reason. Chairman Higgs stated she did not vote to do that. Commissioner O'Brien stated if someone owns a house with a functioning septic tank, he does not see a reason to force a change. Commissioner Ellis stated the larger issue is if septic tanks are just as good as sewer, why is the County considering expanding the plants instead of allowing people to hook up to septic tanks. Commissioner O'Brien stated septic tanks are like apples in a basket; when the basket is full, the apples start falling out; and there are only so many tanks that can be put in before the ground cannot take any more. Commissioner Ellis stated the Board has not seen information on that. Chairman Higgs stated the Board has seen indications that in the long term septic tanks will have problems; and what she voted for in Port St. John was not to appeal through the administrative process, but to get information. She noted she did not vote to sewer Port St. John. She inquired if anyone has information that tells that septic tanks absolutely, beyond any reasonable doubt, are bad. Commissioner Ellis stated it is a simple comparison, which is better, sewer or septic. Mr. Martens responded he does not have an answer; but advised the bond covenants do require that no one is given free service, so, the County could not give free connections to increase use. Commissioner Ellis inquired if sewer and septic are the same, why is the County running lines any more.

County Attorney Scott Knox stated the Comprehensive Plan settlement involving the Port St. John sewer policy will include a study by the Environmental Protection Agency on the effects of septic tanks, so the answer may be down the road. Commissioner Ellis inquired if this has never been done anywhere in the country. Mr. Knox stated it has not been done in Brevard County. Chairman Higgs stated it is site specific and water body specific; and it is not a yes-no, black-white answer.

Commissioner Scarborough stated the first issue is whether the system operates; in Port St. John there are not individual operational failures; and when the agreement was reached with HRS, it was that when problems occur, a switch would be made to aerobic systems. He advised the aerobic systems are tiny sewer systems; and explained how it works. He stated where Port St. John gets into question is when it built out further, whether there are long range problems of pollution of water bodies. He stated the other element is when you cost in a factor to an individual who already has a septic tank; he has to take out his septic tank and hook into the system; and it tears up the street and his yard. He noted in a new development, everything can be put in; but trying to retrofit anything is more of a nightmare.

Commissioner Ellis noted in Merritt Island there are industrial parks and trailer parks that would go on sewer but the connection fees are too high.

Motion by Commissioner Ellis, seconded for discussion by Commissioner Cook, to reduce the sewer connection fees by 15%.

Commissioner Cook stated the Board needs additional information; and he is not comfortable voting when he has not seen all the information.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to table consideration of sewer charges and impact fees to allow the Board to get more information. Motion carried and ordered unanimously.

DISCUSSION, RE: MIORELLI V. BREVARD COUNTY/EXPERT WITNESSES/FOWLER, WHITE/F.A.C.T.

County Attorney Scott Knox stated the agenda item concerns some of the actions the Board authorized in Executive Session, and which it needs to act upon in public session.

Chairman Higgs stated Item 1 is to retain the Fowler, White, Gillen, Boggs, Vellareal and Banker law firm to complete the lawsuit with Miorelli Engineering and Hartford Insurance Company.

Commissioner Scarborough stated the Board got into dollar amounts and funding sources in the Executive Session; and a decision was made not to use money outside of the tourist tax. He stated he would like to know if there is the same feeling on the current Board that there was on the prior Board; there were concerns about using General Revenue funds or other tourist tax dollars; and it was going to be limited to the specific funding mechanism.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to direct that no funds be expended on the stadium except from the fourth cent of the tourist tax.

Commissioner Ellis inquired if that will be enough. Commissioner Scarborough stated he wants to insure that the Board will not be reaching beyond the fourth cent because the Board made strong promises. Chairman Higgs inquired how much money is there; with County Manager Tom Jenkins responding approximately $400,000. Commissioner O'Brien clarified $414,796 will be generated in 1995. Commissioner Ellis inquired if that is surplus; with Mr. Jenkins responding no. Mr. Jenkins advised there is in excess of $300,000 in the construction account; there are surplus funds being generated by the fourth cent; and over the next six months, there should be $100,000 to $150,000. Chairman Higgs stated the agenda report indicates there is $370,000 in Account 3870, 3810-0, County Stadium. Mr. Jenkins stated that includes the fourth cent; and between the two, there will be in excess of $400,000, as there are excess funds generated every year on the fourth cent tourist tax which go beyond the debt service. Chairman Higgs inquired if the County Attorney knows there is $370,000 in the account; with Mr. Knox responding he does not know, but that is the projected budget.

Commissioner Cook stated he has no problem supporting it coming from the fourth cent; but he will not support the Fowler, White issue. He stated the County Attorney's Office should pick it up, since F.A.C.T. backed out. Commissioner Scarborough suggested keeping the lead attorney and allow Assistant County Attorneys to do some of the depositions and other things.

Chairman Higgs requested a report on the funds.

Chairman Higgs called for a vote on the motion to direct that no funds be expended on the stadium except from the fourth cent of the tourist tax. Motion carried and ordered unanimously.

Commissioner Cook stated he would prefer to let the County Attorney's Office be the lead with Fowler, White, Gillen, Boggs, Vellereal and Banker acting as consultant because it would be less expensive.

Commissioner Scarborough stated the attorney representing the County is up to speed; and expressed concern about the County Attorney's Office catching up. He suggested the consultant be the lead attorney with the Assistant County Attorneys supporting.

Commissioner Cook expressed concern about the cost getting to be exorbitant; and advised there are seven on staff in the County Attorney's Office.

Chairman Higgs stated she is concerned about the cost, but is more concerned about having someone represent the County who is an expert in this area. She stated using Assistant County Attorneys as Commissioner Scarborough suggested is a good idea, but she supports maintaining Fowler, White, Gillen, Boggs, Vellereal and Banker as the lead counsel.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to direct that the Fowler, White, Gillen, Boggs, Vellereal and Banker law firm be retained to complete the lawsuit with Miorelli Engineering and Hartford Insurance Company, with Assistant County Attorneys providing support to the greatest extent possible to keep the costs down. Motion carried and ordered. Commissioners Scarborough, O'Brien, Higgs, and Ellis vote aye; Commissioner Cook voted nay.

Chairman Higgs stated the next item is to authorize the County Attorney's Office to file for declaratory relief and/or damages against F.A.C.T.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to authorize the County Attorney's Office to file for Declaratory Relief and/or damages against F.A.C.T. Motion carried and ordered unanimously.

Chairman Higgs stated the third item is authorization for the Fowler, White, Gillen, Boggs, Vellereal and Banker law firm to retain the services of GAI Consultants-Southeast, Inc. and Williams Building Diagnostics, Inc. in connection with evaluation of stadium problems.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize the Fowler, White, Gillen, Boggs, Vellereal and Banker law firm to retain the services of GAI Consultants-Southeast, Inc. and Williams Building Diagnostics, Inc. in connection with evaluation of stadium problems. Motion carried and ordered. Commissioners Scarborough, O'Brien, Higgs and Ellis voted aye; Commissioner Cook voted nay.

Mr. Knox stated during the Executive Session, the Board authorized the work of the Fowler, White, Gillen, Boggs, Vellereal and Banker law firm; the Clerk has not had access to that decision; and as a result, no bills have been processed. He requested formal Board action to approve processing of bills from February 18, 1995 through today. Commissioner Cook inquired approval is just through today; with Mr. Knox responding the approval would be from this point forward as a result of the previous Board action to retain the firm as lead counsel.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize processing of bills from the Fowler, White, Gillen, Boggs, Vellereal and Banker law firm for the period from February 18, 1995 through the current date.

Commissioner Cook expressed support for the motion as long as it is approval through today.

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

DISCUSSION, RE: JOINT MEETING WITH TOWN OF MALABAR COUNCIL REGARDING ITS NOTICE OF INTENT TO FILE SUIT

County Attorney Scott Knox recommended the Board hold a joint meeting with the Town of Malabar on or before May 24, 1995 in accordance with Chapter 164.103, Florida Statutes or face the possibility of paying attorneys' fees and costs if the County does not prevail in the suit.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve a joint meeting with the Town Council of the Town of Malabar on May 23, 1995 at 11:00 a.m. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH ALBERT W. KOETHER, RE: CONCESSIONAIRE SERVICES AT SPESSARD HOLLAND GOLF COURSE

Chairman Higgs stated the Contract with the concessionaire at Spessard Holland Golf Course was let in 1990; it is in the fifth year; that is long enough for a public contract; and it should be bid again.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to re-bid the concession services at Spessard Holland Golf Course.

Parks and Recreation Director Charles Nelson advised the vendor has been with the County since 1982; he was awarded the re-bid; and explained the vendor will be retiring at the end of the contract and owns the equipment in the building. He stated this increases the potential for revenue to the County; it is not a straight renewal based on continuing the same contract; and by going to a percentage, the County has the ability to recover additional revenue. He stated currently the County will receive $6,000; but if the percentage provision had been in place, it would have received $6,800. He explained why the County has gone to percentages; and recommended Mr. Koether's contract be extended for sixty days if the Board votes to re-bid so there will be a vendor in place during the period of re-bidding.

Commissioner Cook restated the motion to include extending the current Agreement with Albert W. Koether for sixty days.

County Manager Tom Jenkins advised sixty days will not be enough because of the Board schedule. Commissioner Cook advised the motion is to extend the current Agreement with Albert W. Koether for ninety days.

Commissioner Ellis inquired if the contract will be bid through March of 1997. Commissioner O'Brien suggested having all contracts for all golf courses expire at the same time.

Chairman Higgs inquired how long would the contract period be; with Mr. Nelson responding they are typically annual renewals. Mr. Jenkins advised of the difficulty in having someone buy equipment for a one-year term; and stated it will be necessary to have a multiple year term if the people will be expected to make an investment in equipment. Commissioner O'Brien stated he would be willing to look at that; but he does not like having the contracts coming due at different times.

Commissioner Cook stated he would have no problem with a multi-year contract for three years; but five years is too long.

Assistant County Manager for Community Services Joan Madden recommended the motion include permission to bid; with Chairman Higgs responding it does.

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

Motion by Commissioner O'Brien, to direct staff to work on having all concession contracts on County-owned golf courses come due at the same time.

Commissioner O'Brien suggested the contracts could be for a three-year period with two renewals.

County Manager Tom Jenkins advised it would take a period of time to transition to that because there are existing contracts; but staff could work toward that long-term goal.

Discussion ensued on how the goal would be accomplished.

Commissioner Scarborough seconded the motion. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE, RE: FIVE FIRE STATION GENERATORS

County Manager Tom Jenkins advised staff has withdrawn the item because another vendor has been identified who may be more cost effective.

ADDENDUM NO. 7 TO AGREEMENT WITH GEE & JENSON ENGINEERS-ARCHITECTS- PLANNERS, INC., RE: CENTRAL DISPOSAL FACILITY EXPANSION PROJECT

Commissioner Ellis stated by the time the County gets done with the State mitigation requirements for the Cocoa landfill, it will have spent $2 million. Solid Waste Management Director Richard Rabon advised it will be at least that much, and probably more. Commissioner Ellis stated this is a State mandate that will cost the County over $2 million; he will not vote against it because the County has no choice if it wants to use the property; but this is a primary example of why government costs have gone so high.

Commissioner Cook inquired if a letter to the Legislative Delegation or the Legislature would help; with Commissioner Ellis responding no. Commissioner Ellis stated the County had to deal with DEP to get an agreement set up for mitigation; now one of the adjoining property owners does not like the mitigation plan; and it is going to administrative hearing. Commissioner Cook stated when these items come up, the Board should express its concerns to the Legislature about the costs to the taxpayers. Commissioner Ellis stated it is a big expense to comply with State mandates; and the Board needs to send letters to the Delegation concerning the mandates being put on the counties. Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to execute Addendum No. 7 to Agreement with Gee & Jenson, Inc. to provide engineering services for the Central Disposal Facility Expansion Project. Motion carried and ordered unanimously.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to direct staff to itemize the costs on the State-mandated mitigation for the Cocoa landfill, and prepare a letter for the Chairman's signature to the Legislative Delegation advising of the costs the State rules are imposing on the County.

Commissioner O'Brien stated it does not say the State made the County do this. Commissioner Ellis explained the option is to not expand the landfill. Discussion ensued.

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

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: AMENDING RESOLUTION AND DEVELOPMENT ORDER AGREEMENT FOR ABBY MARINA DRI

Commissioner O'Brien stated he pulled this item because there was a previous discussion regarding Abby Marina, but he could not find a record of that occurring. He inquired if anyone remembers Abby Marina coming before the Board. Commissioner Ellis advised the issue with Abby Marina related to imposing the speed zone in the Barge Canal.

Leonard Spielvogel, 101 South Courtenay Parkway, Merritt Island, Attorney representing Abby Marina, stated in 1991 they came before the Board with a Development of Regional Impact; it was approved; but they have been unable to move forward with the DRI because the manatee protection plan study has not been completed. He stated there have been many discussions with the Department of Environmental Protection; the County has been supportive; and Mr. Pat Rose of the DEP has written a letter agreeing to certain limited development pending the completion of the manatee study. He advised they have applied for an amended Resolution and Development Order; and they are seeking to have it advertised so it will come back to the Board at a public hearing.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant permission to advertise a public hearing for June 6, 1995 to consider a substantial deviation determination for Abby Marina DRI which may include amending the Resolution and Development Order Agreement. Motion carried and ordered unanimously.

AGREEMENT AND WORK ORDER NO. 1 WITH BRISTOL, CHILDS & ASSOCIATES, INC., RE: CONTINUING CONSULTANT SERVICES FOR T-HANGAR PROJECT AT VALKARIA AIRPORT

Commissioner O'Brien stated he pulled this because the Growth in Government Study advises of prior liens for six special assessment projects and T-hangars payable from the County's general revenues; $1,834,000 was borrowed last time; and this is an example of only getting small pieces of information and being unable to see the big picture. He stated the Airport has a certain amount of debt; and he does not know how deep the debt is or whether it is important to the Board. He stated the Board approved the T-hangars under the premise they would break even; and he does not have enough information.

Valkaria Airport Manager Ron Henderson advised he is not aware of a debt over $1 million.

Chairman Higgs stated the Growth in Government Study advises there was a $5 million commercial paper loan in 1992, issued to fund construction of T-hangars at the Valkaria Airport and construction of six special assessment projects, and payable from the general revenue. She stated the $5 million was not all for the Valkaria Airport. Assistant County Manager for Community Development Dean Sprague advised only a small portion of that amount was for Valkaria Airport; most of it was to fund some MSBU projects; and the funding source to pay the debt service comes from those areas. Chairman Higgs inquired if the Airport received $250,000; with Mr. Sprague responding that is correct.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to execute Agreement and Work Order No. 1 with Bristol, Childs & Associates, Inc. to provide engineering and planning services for the construction of a ten-unit T-hangar at Valkaria Airport. Motion carried and ordered unanimously.

REJECT LOW BID, AWARD SECOND LOW BID, AND AUTHORIZE CHAIRMAN TO EXECUTE AGREEMENT, RE: BID #B-5-5-62, WIX FILTERS

Larry Dolan, 4108 Barret Avenue, Plant City, representing FRAM Filters, stated he is present to address the bid rejection of FRAM filters by the County; on March 8, 1995, he submitted a bid; FRAM filters was the low bid of $42,000 with the next closest bid at $49,000; and a week after the bid was submitted, it was rejected by Central Fleet Maintenance with a recommendation to go to the second low bid. He stated the reason given was the claim that the FRAM filters did not meet the specifications of the County in that they will not meet a 5,000 mile change interval; staff claims that by going to WIX filters, it has been possible to go from a 4,000 to 5,000-mile change interval; but the FRAM filter will meet and exceed the 5,000-mile change interval. He noted he understands the 4,000 to 5,000-mile change interval applies to passenger cars and light-duty trucks, and not heavy duty products; and FRAM does meet the specifications. He stated the bid was split in Sections A and B, with A the automotive section and B the heavy-duty section; the total on the automotive section was $10,000; the total on the heavy-duty portion was $32,000; and the portion that relates to the 4,000 to 5,000-mile car change is only $6,000 out of the total bid of $42,000. He advised air filters comprise 52% of the total bid, or $22,000. He submitted written materials; and read aloud from the FRAM warranty statement. He stated an original equipment statement has been included showing the engine manufacturers, vehicle manufacturers, etc. that FRAM builds filters for original equipment; and read aloud from the list. He noted if the filters did not meet the 5,000-mile oil change REJECT

specification, FRAM would not have the original equipment business. He stated a list of the cities, counties and school bus shops in the State of Florida that use FRAM filters was submitted; FRAM has held the State Contract on filters for the last twenty-six years; and read aloud from the list. He advised of test comparisons.

Commissioner Cook inquired if FRAM filters can also be used on the heavy equipment; with Mr. Dolan responding yes. Mr. Dolan displayed various filters; and advised of various companies which use FRAM as original equipment. Commissioner Cook inquired if FRAM will meet the 5,000-mile specification; with Mr. Dolan responding they will meet or exceed that specification.

Chris Greeson, 1301 E. Ozark Avenue, Gastonia, North Carolina, Senior Technical Service Manager for WIX Filtration Products, and representing Automotive One Parts, stated the County has been using WIX products; and WIX products led the way to the 5,000-mile specification in the maintenance division. He noted original equipment manufacturers on the automotive side have two different sets of specifications for oil and filter drain intervals; and outlined the maintenance specifications for normal and severe driving conditions. He noted almost every vehicle falls under the severe specification; the County has used WIX filters in the past; WIX has been the successful bidder; the County understands the quality; WIX has allowed the County to do the expansion; and through fluid analysis, it may be possible to expand further. He advised he can provide literature on original equipment work from any heavy-duty supplier; and noted the first filter WIX made in 1939 was a heavy-duty filter. He stated WIX is a brand name that is known worldwide; WIX is a division of the Dana Corporation; warranty statements are only as good as the company that backs them up; and WIX has a written product warranty that takes care of any situation. He advised he runs the Technical Service Department; product liability is his area of expertise; and he would be happy to discuss any issues the Board desires. He stated he understands the County's budgetary constraints; low bid does not always get value; but there is value to doing business with the WIX Division. He advised of the different brands manufactured by WIX; and he can provide test comparisons. He stated FRAM is a known name; it has a $10 million budget to advertise; and WIX goes to market in a different way; but that is not the issue. He stated the issue is whether the engines are lasting and running, and can the County buy the best filter available at a quality competitive price. He reiterated he would be happy to provide written documentation; WIX appreciates the business it has enjoyed in the past; and it hopes the County will continue to give WIX the opportunity to service the business. He stated the bidding company has three store outlets in the County with access to over $5 million in parts overnight.

Commissioner Cook inquired how is it that the FRAM filters do not meet the specifications. Central Fleet Director Gene Melvin responded in 1993, staff came before the Board to have WIX filters standardized in the County; and he does not know why FRAM bid because the County has been using WIX filters for approximately twenty-eight years. Commissioner Cook stated it is $7,000 more for one filter than the other; he has to have a reason to justify the higher expenditure; and inquired how do FRAM filters not meet the specifications. Chairman Higgs noted WIX filters were specified in the bid; and the question is should that have been the standard. Commissioner Cook stated one filter is as good as the other; the FRAM people say their filter meets the 5,000-mile criteria and can be used on heavy equipment; and the FRAM filters are $7,000 less. He inquired how he can justify spending $7,000 of taxpayer money for another filter just because it has a different name. Management Services Director Michael Managan advised staff cut some filters apart to compare; and displayed the inserts of the FRAM and WIX filters. He explained what they are comparing is the overall square inch coverage of filtration in each filter. The Commissioners examined the filter inserts.

Commissioner Scarborough noted when he examined the filters earlier, he noticed the WIX has more metal and less cardboard support parts. Mr. Melvin advised the top of the FRAM filter is made of cardboard; and the top part of the WIX filter is metal.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to reject the low bid of Universal Brake and Driveline at $42,694.42 and accept the second low bid of Automotive One at $49,544.80 for WIX filters; and authorize the Chairman to execute contract with the vendor.

Commissioner Cook stated he will vote against the motion because both filters have the same guarantee and with FRAM, the Board can save $7,000.

Chairman Higgs called for a vote on the motion. Motion carried and ordered. Commissioners Scarborough, O'Brien, Higgs and Ellis voted aye; Commissioner Cook voted nay.

ACKNOWLEDGE ORDINANCES FROM CITY OF MELBOURNE, RE: VOLUNTARY ANNEXATION OF CERTAIN REAL PROPERTIES

Commissioner Cook stated staff had some concerns with regard to this property, and was going to send a letter to the City of Melbourne; and inquired if the letter was sent, and is there a reply. Planner I Todd Corwin stated the letter was sent; and the City is in the process of replying. Commissioner Cook stated the annexations are routine; but the County should keep an eye on them because they do have some impact to the County. County Manager Tom Jenkins advised if they are voluntary annexations, the County is limited in what it can do about it. Commissioner Cook stated he knows that is true under State law; but if it is not in the County's best interest, it can be protested.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to acknowledge receipt of Ordinance No. 95-04 from the City of Melbourne regarding voluntary annexation and instruct staff to continue monitoring the status of the annexation. Motion carried and ordered unanimously.

USE AGREEMENTS WITH NORTH/SOUTH FLORIDA PGA PASSPORT, RE: SPESSARD HOLLAND, THE HABITAT AT VALKARIA, AND SAVANNAHS AT SYKES CREEK GOLF COURSES

Commissioner O'Brien stated the North/South Florida PGA passport allows people to play golf for $17 between May 1 and October 31; but he got a phone call from a resident who advised his taxes paid for the golf courses and he does not get any special deal. He stated anyone can buy the passport no matter where they come from; but County residents do not get any break at all. He suggested allowing any County resident to play for $15. Commissioner Ellis inquired about funding the shortfall. Commissioner O'Brien stated the passport idea draws people in from all over the place; but people who live here do not get any special reduction unless they buy the same passport. Chairman Higgs inquired if residents can buy the passport; with Commissioner O'Brien responding yes, but residents are on the same level as out-of-County players, so the people whose taxes paid for the golf courses do not get any special deal.

Parks and Recreation Director Charles Nelson advised the County does not have resident and non-resident rates; the Board approved different rate levels which did not include that; and he would take someone from Mars if they would pay the $17 to play golf. He noted there are a variety of rate opportunities; and outlined the different cards that are available. He stated some people find the cards advantageous; others buy the annual passes; and if the County begins to give a break for every marketing opportunity, he will have to make up the lost revenue. Chairman Higgs inquired if the passport is a loss or gain; with Mr. Nelson responding it is good for the County, but if rates are reduced based on residents and non-residents, it will turn into more of a deficit. County Manager Tom Jenkins advised a County card is sold which provides a discount. Mr. Nelson advised the County card is $25 per year and provides for a 25% discount. Mr. Jenkins inquired what is the cost to play in the summer at The Savannahs; with Mr. Nelson responding it is approximately $15. Commissioner Cook inquired if it is 25% discount every time you play; with Mr. Nelson responding yes. Mr. Nelson noted those are off-peak rates.

Motion b Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreements with North/South Florida PGA Passport for use at Spessard Holland, Habitat at Valkaria and Savannahs at Sykes Creek Golf Courses, effective from May 1, 1995 through October 31, 1995.

Commissioner O'Brien inquired if it is possible for a person to just show their Florida driver's license instead of having to buy a discount card. Mr. Jenkins advised the $25 is an anticipated revenue source; and the advantage is the resident cards can be used year-round, even when rates go up in the winter.

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

APPROVAL OF REVISIONS, RE: TDC OPERATING PROCEDURES MANUAL

Commissioner O'Brien stated the Spaceport Sports Authority is being cut out of the deal; and outlined the membership of the Sports Commission. He stated the Chairman of the Sports Commission will be a Tourist Development Council member; but no other Sports Commission member has to be a TDC member. Assistant County Manager for Community Services Joan Madden advised the other appointments are made by the TDC members. Commissioner O'Brien stated the Sports Commission will have its own budget, and will not seek approval of the Marketing Committee for funding. Ms. Madden advised once the budget is established, that is correct. County Manager Tom Jenkins noted the Marketing Committee is an advisory committee to the TDC; and it does not have any final authority.

Commissioner O'Brien inquired about the Grants Panel under Arts; with Mr. Jenkins advising that is not being changed. Commissioner Scarborough stated he received an indication from his representative that the TDC will recommend discontinuing that. Mr. Jenkins stated the item that was adopted by referendum included that money for the arts; it could be changed; but it has been part of the package since the Tourist Tax was initially adopted.

Commissioner O'Brien requested Commissioner Ellis bring back some ideas on what the TDC is trying to say about the arts. Commissioner Cook noted Commissioner Ellis is the Board's representative. Commissioner Ellis advised the $100,000 was part of the funding allocation when this tax was sold to the public; and he was not aware the funding allocation could be changed without going to referendum. Ms. Madden stated there is an Ordinance which allots a percentage of the first and second cents of the taxes to the arts; and a super majority vote of the Board could change that. Commissioner Cook suggested the Board consider it to see if four Commissioners would support it. Commissioner O'Brien stated if the TDC recommended the change, the Board would back that recommendation. Commissioner Ellis expressed concern that the allocation was used to sell the tax to the public. Chairman Higgs stated there is interest, if there is TDC interest to consider the change. Commissioner Ellis noted he voted against the Tourist Tax, and would just as soon repeal the whole thing. He stated the people who went to referendum were told the money was going to be spent a certain way, but they were not informed that after the tax passed, the Board could send it where it wants. Commissioner Cook suggested Commissioner Ellis see if there is any interest in this issue on the TDC. Commissioner Ellis inquired if the Board desires this to be set as an agenda item at the TDC meeting; with Commissioner Cook responding yes, to see what the recommendation is. Commissioner Ellis stated all of the percentages will end up on the table. Commissioner O'Brien stated that might be the best thing the TDC could do; with Commissioner Cook concurring it might be time. Commissioner Ellis stated he went through this a few years ago because the TDC takes ten percent out of the third cent for operations.

Commissioner Cook stated any tax that is passed on referendum should come back up for referendum every five years; but once the taxes are passed, they are there forever. He noted the TDC has done good. Commissioner Ellis stated if the taxes were not borrowed and bonded against, they would not have to be there forever; and that is the problem. Commissioner Cook stated the Board can look at being more focused so the TDC can do its job better.

Commissioner Ellis requested Ms. Madden schedule the issue for the TDC meeting. Ms. Madden advised it is too late for this month's meeting; but it will be scheduled for the next meeting.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve revisions to the TDC Operating Procedures Manual as submitted. Motion carried and ordered unanimously.

ADDENDUM NO. 1 TO AGREEMENT WITH LAIDLAW ENVIRONMENTAL SERVICES, INC., RE: SECONDARY EMERGENCY RESPONSE SERVICES FOR HOUSEHOLD HAZARDOUS WASTE DISPOSAL

Commissioner O'Brien inquired what is meant by secondary emergency response. Solid Waste Management Director Richard Rabon responded primary response is the work done at the household hazardous waste roundup or after a natural disaster such as the Barefoot Bay tornado; and as part of the planning, the desire is to have as many contracts in place as possible for emergency response to those types of disasters. He stated there were a lot of calls from homeowners after the tornado; and staff was in Barefoot Bay for several days just collecting the household hazardous waste. He stated staff contacted other communities; Dade County realized, after the hurricane, that it had to quickly mobilize teams to handle the problem in the neighborhoods; and the Addendum allows immediate response to a disaster situation in the County. He noted when the Agreement expires, it will be bid; but recommended the current Agreement be amended.

Commissioner O'Brien expressed concern about the $100 per day per person per diem charge. He stated the Addendum calls for six chemists; and inquired if they are certified degreed chemists, and are six needed. He noted $35 a day is being charged for Level 1 protective gear; and inquired what is Level 1 protective gear; with Mr. Rabon responding it is the gloves, masks, etc. Commissioner O'Brien explained it is a $4 suit with an ordinary mask; and Level 2 involves the HEPA filters, hood, gloves, etc. Mr. Rabon advised the Addendum reflects the bid price for these things; six chemists may not be necessary if a lower level of response is needed; but this provides immediate response which makes it more expensive than regular rates. He stated the big cost is for disposal; Laidlaw Environmental Services, Inc. was the low bidder; and the money charged for mobilization or per diem will be offset by the lower disposal costs. Commissioner O'Brien stated that is not the object of having secondary response; the County could have gone to "XYZ" company for that; and inquired at what point is it a legitimate profit and at what point is it rape. He noted many times equipment sits for months; the company pays interest on that money; and they have to get a return on their investment as well as getting people trained and ready for response. He stated the labor rates should cover the people; but rates shown have gone too far. He suggested if the company has a contract with the U.S. Coast Guard, the County should get a copy of that document to compare the rates.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to table consideration of Addendum No. 1 to the Agreement with Laidlaw Environmental Services, Inc. Motion carried and ordered unanimously.

Commissioner O'Brien stated he did not like the provisions on page 9, paragraph 5; he used to do this work; but now he is on the other side of the table trying to save money. He read aloud paragraph 5; and inquired what are the chemists being paid to do, who is doing the work, and are volunteers capable of moving chemicals from the vehicles to the table without high liability for the County. He read aloud number 9; and inquired why non-hazardous waste is being collected at a hazardous waste roundup. Commissioner Ellis noted if he brought ten things to a hazardous waste roundup, and only eight were accepted, he would not show up the next time. Commissioner O'Brien stated he can understand that reasoning. He stated when he and Natural Resources Management Director Lisa Barr were on the Hazardous Waste Committee several years ago, he went to two or three roundups; and explained how they were conducted. He stated costs went through the ceiling because no one was there to watch what was transpiring; the overpacked drum costs the company that buys them approximately $85 each, and they are sold to the County at $125 to $150 each; and somebody needs to know the rules and regulations, as well as what is going on when these things are packed for disposal.

Mr. Rabon stated the first years of roundups were an experience for everyone; in recent years, the things Commissioner O'Brien referenced have not been done; and volunteers are trained to be able to handle the majority of things. He explained how things are done now to keep things out of the hands of Laidlaw Environmental Services, Inc. and other expensive disposal options. He stated they are looking at cutting costs wherever they can, and appreciate Commissioner O'Brien's suggestions concerning comparisons with the U.S. Coast Guard contract. He noted emergency response is new to the County; they are trying to hold program costs down; but it is an expensive program. He advised staff has won national awards for its Recycled Paint Program since 1989.

Commissioner O'Brien inquired if Mr. Rabon has conferred with the Public Safety Director on emergency response. Mr. Rabon advised staff has worked closely with the Fire Department on this.

Chairman Higgs called for a vote on the motion to table the item. Motion carried and ordered unanimously.

CONTRACT WITH STATE OF FLORIDA, DEPARTMENT OF REVENUE, RE: CHILD SUPPORT ENFORCEMENT

Commissioner O'Brien stated there are single mothers who are employees of the County; three out of five who should be receiving child support have not received a dime in ten to fifteen years; and it is deplorable that the County is spending $61,000 a year on child support enforcement which is not working. He stated he does not mind spending the money; but he wants to send a strong message; He stated child support payment enforcement is one of the biggest favors the Board could do for 20% of the population; a lot of mothers and fathers are not getting any money; and the County is not doing anything to get that money for them.

Commissioner Ellis stated he hates to say nothing is being done because he has worked with people who have had child support taken out of their paychecks.

Commissioner Cook noted that is one of the primary responsibilities of the Clerk's Office.

Commissioner O'Brien inquired if the Clerk just gave this up for collection. Commissioner Cook advised that was past due debts. Chairman Higgs inquired who actually does this. Commissioner O'Brien stated someone is not getting this done; the money passes through the Clerk, and supposedly the check is sent to the mother who needs it, with the Clerk retaining $5; but other than that there is no program to go after the fathers. He noted a private agency can find fathers within 24 hours. Commissioner Ellis stated a lot of the corporations which have regular paychecks, attach those checks. Commissioner Cook inquired if the State has been aggressive on this issue. County Manager Tom Jenkins advised this is a program where the State pays the County $61,000 to do it. Chairman Higgs inquired who administers this; with Mr. Jenkins responding Court Administration.

Court Administrator Mark Van Bever stated those employees work for Court Administration; and there is an attorney who acts as a hearing officer with a secretary for clerical support. He stated five years ago this contract was initiated; at that time the County was paying 100% of the expense; and Mr. Jenkins discovered that HRS would fund two-thirds of that expense if the County applied for it to do so. He stated the two individuals who handle child support enforcement collect approximately $4 million per quarter; and related his experiences with the program. He noted a lot of people do not pay child support, but more would not pay if it was not for this program. He stated the County used to pay 100%; now the Department of Revenue pays 66%; this contract renewal is the acceptance of $60,000 in revenue; and to not renew the contract would be to turn down $61,000 of revenue.

Commissioner Ellis inquired if these are the people who handle the hearing at the jail. Mr. Van Bever responded all the hearings are conducted in the Titusville Courthouse. Commissioner Ellis stated he has seen people in jail for non-payment of child support; with Mr. Van Bever responding that is because the hearing officer put them in jail; and they go before the judge to see if bond can be set or to see what kind of sanctions will go against them. He noted those individuals would not have gone to jail if it was not for this program.

Commissioner O'Brien stated he did not pull this to not let the money go forward, so there could be a public discussion about the seeming inability of the government to touch someone for child support. He stated there are women working at the Government Center who have a child or two at home, and have not gotten child support in years. He noted they are upset; and he sees a system which is not working for the majority of the people. He stated there must be something the Board can do to make this program work. Mr. Van Bever agreed the program is not working as well as it should be; but it has improved. He stated it takes staff to hunt down people who have disappeared which is a law enforcement function; people are invited to court via summons or subpoena; they come before the hearing officer; and they try to make the situation better. He stated there is room for improvement; the State is undertaking measures; and shortly, it will be possible to see increased activity. Chairman Higgs stated the State of Texas is using private firms to do this kind of work. Commissioner Cook stated this is something the Legislature is looking at also; he concurs on the need to be as aggressive as possible; and he hopes the Legislature will take action in this session to expedite the law enforcement aspect. Mr. Van Bever advised his employees are not collection agents; but they act in a judicial capacity.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to execute Contract with the Florida Department of Revenue for a Child Support Enforcement Grant of $61,350. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to direct staff to look into the viability of locating companies or creating a company to track down people for child support enforcement, and report to the Board on the costs.

Commissioner Ellis inquired if this is to look at forming a County agency. Chairman Higgs stated this is to ask staff to look into how collections could be increased. Commissioner O'Brien stated the system is broken, and has to be fixed.

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

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Commissioner Cook stated he understands these are court-ordered payments, but some attorneys are being paid $80 an hour while others are paid $200 an hour; and inquired what is the criteria or standard. He stated on page 52 there is a bill from Community Behavioral Services for court testimony and travel at $200 an hour; and inquired if they are being paid $200 an hour for travel. He noted there is a separate expense for air fare and auto rental which is fine; but the travel was not broken down versus the court testimony; and in some of the bills, it is broken down. He requested it be checked.

Commissioner Ellis inquired if staff has looked into the airline ticket issue. Commissioner Cook stated the County Manager came back with recommendations which are being implemented. County Manager Tom Jenkins stated he has confirmed those things are being done.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to approve the Bills and Budget Transfers, with the exception of page 52; and direct staff to provide additional information on why there are discrepancies in attorney's fees, and if the $200 per hour includes travel time. Motion carried and ordered unanimously.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 5:18 p.m.

NANCY N. HIGGS, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

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