MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

The Board of County Commissioners of Brevard County, Florida, met in regular session on April 4, 1995, at 9:04 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 Pastor W. John Small, First Assembly of God Church, Melbourne, Florida.

Commissioner Cook led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve the Minutes of January 5, 1995 Special Meeting, January 11, 1995 Workshop, January 20, 1995 Workshop, and January 30, 1995 Regular Meeting as submitted. Motion carried and ordered unanimously.

DISCUSSION, RE: VIDEOTAPING COUNTY COMMISSION MEETINGS

Commissioner Cook advised the videotaping of County Commission meetings was tabled to May 2, 1995; and since the Clerk has refused to transcribe the minutes as the Board requested, he would like to discuss the videotaping issue on April 18, 1995. He noted it is very important to have a verbatim record of these proceedings that people can rely upon.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to reschedule discussion of videotaping County Commission Meetings from May 2, 1995 to April 18, 1995 Board Meeting. Motion carried and ordered unanimously.

DISCUSSION, RE: GEOGRAPHIC INFORMATION SYSTEM

Commissioner Cook stated the County talked about transferring the GIS; would like the County Manager to look into it; it is his understanding that the County is receiving things from the St. Johns River Water Management District; and a lot of it is being downloaded from what they are doing. He requested a report come back to the Board on whether there is any way to cost share or improve the cost of the whole thing, if possible.

LETTER TO STATE ATTORNEY, RE: B. B. NELSON

Commissioner Cook stated he received a letter that the County Attorney's Office sent regarding B. B. Nelson, and inquired was it coordinated with the County Manager; with County Attorney Scott Knox responding no as Mr. Jenkins was not here. Commissioner Cook noted he would like it to be made clear that that is not the position of the Board; with Attorney Knox responding that was not the case; and it was instituted at the request of a couple of employees and Chairman Higgs who had requested his office ask that question of the State Attorney. Commissioner Cook noted he would like it related to the State Attorney, unless someone is going to object, that it is not a position of the Board; and he has had a number of employees tell him they have no problems with Mr. Nelson being at the Government Center.

Chairman Higgs stated a motion would be in order; she made the request; she called the County Attorney's Office and was concerned in regard to the threats that had been reported by County employees; and she was concerned about the safety of County employees. She noted she also had received a threatening letter and asked the County Attorney to follow up on it; she did express concern to the County Attorney and wants that on the record so it is clear; and she makes no apology for it. She advised the Board has a responsibility for the safety of its employees.

Commissioner Cook stated this should have been coordinated through the County Manager since the employees in question actually work for Mr. Jenkins; and he should have had input into the matter. He noted he does not know what happened or why it happened; but it is something the County should let the courts decide.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to clarify that the letter from the County Attorney's Office to the State Attorney regarding B. B. Nelson was not a position of the Board.

Commissioner Ellis noted the motion is that Mr. Nelson be allowed in the Government Center; with Commissioner Cook responding yes. Commissioner Cook stated it needs to be communicated to the State Attorney that some people have expressed concerns, but there are other people who do not have concerns; the Board needs to make sure that both sides of the story are there; the Board should not be taking a position when something is in the courts; and his concern is that it is going to be misconstrued by the State Attorney. He noted someone pulled a loaded gun allegedly on three County employees; he does not see people screaming to the County Attorney to write letters; both of these people involved are just alleged to have done something; and they have not been proven guilty. He stated in this Country you are innocent until proven guilty; he does not want to taint the system; and he wants to make sure both sides are represented.

Chairman Higgs stated any case of violence involving people is wrong; and the Board should make that position very clear that it is not acceptable.

Commissioner Scarborough stated it has always been his understanding that it was not the Board, but the County Manager who was the custodian of the facilities; the letter should also indicate it is

not within the prerogative of the Board to determine what happens within the facility; and he is supporting the motion for that reason.

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

PERSONAL APPEARANCE - JOHN GOLDRING, RITUAL LEADER, CONGREGATION BETH EL, RE: RESOLUTION PROCLAIMING DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST

Chairman Higgs read aloud a resolution proclaiming the week of April 26 through May 3, 1995, as Days of Remembrance of the Victims of the Holocaust; and presented it to John Goldring.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution proclaiming the week of April 26 through May 3, 1995, as Days of Remembrance of the Victims of the Holocaust in Brevard County, in memory of the victims and in hope that we will strive always to overcome prejudice and inhumanity through education, vigilance, and resistance. Motion carried and ordered unanimously.

John Goldring stated the mourning for our six million brethren does not cease, even though 50 years have passed since the death camps were liberated; together with the mourning, we must pay tribute to the brave soldiers of the United States, Great Britain and the allies, who through their determined self-sacrificing actions, brought to an end the slaughter of those six millions Jews and the nearly equal number of other Nationals; and we must not let the memories fade, even though we look forward to a new century with the hope that nothing like the Holocaust will ever happen again. He noted on behalf of the Jewish population of Brevard County, he thanks the Board for the Resolution.

PERSONAL APPEARANCE - GERRY SMITH, RE: COMMENDATION RESOLUTION

Commissioner Cook read aloud a resolution recognizing and commending Gerry Smith for saving the life of a Brevard County citizen; and presented it to Mr. Smith.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to adopt Resolution recognizing and commending Firefighter EMT Gerry Smith for his celerity and heroic effort in saving the life of a Brevard County citizen; and expressing its sincere appreciation for his genuine concern for others. Motion carried and ordered unanimously.

Chief Don Boykin advised the Public Safety Department is very proud of Mr. Smith; he does a fine job for Brevard County; and expressed appreciation to Mr. Smith.

PERSONAL APPEARANCE - SCOTT DAVIS, PRESIDENT OF BUILDING OFFICIALS ASSOCIATION, RE: RESOLUTION PROCLAIMING BUILDING SAFETY WEEK

Commissioner Ellis read aloud a resolution proclaiming the week of April 9 through April 16, 1995 as Building Safety Week in Brevard County; and presented it to Scott Davis.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to adopt Resolution proclaiming the week of April 9 through April 15, 1995, as Building Safety Week in Brevard County, and encouraging all citizens to set aside this week and visit their local building departments to better familiarize themselves with the important safety information and services providing by these public servants. Motion carried and ordered unanimously.

Scott Davis thanked the Board on behalf of the Building Officials Association of Brevard County.

RESOLUTION, RE: NAMING HARLEY PLACE

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution officially naming a 12-foot wide private street, Harley Place, located in Section 7, Township 25S., Range 37E. Motion carried and ordered unanimously.

RESOLUTION, RE: NAMING LOIS LANE

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution officially naming a 25-foot wide flag lot stem, Lois Lane, located in Section 24, Township 28S., Range 36E. Motion carried and ordered unanimously.

RESOLUTION, RE: NAMING RADAR ROAD

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution officially naming a 60-foot wide driveway access easement, Radar Road, located in Section 35, Township 27S., Range 35E., and extending into Section 02, Township 28S., Range 35E. Motion carried and ordered unanimously.

AGREEMENTS WITH CITIES OF TITUSVILLE, COCOA, AND MELBOURNE, RE: HOME INVESTMENT PARTNERSHIP PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreements with Cities of Titusville, Cocoa, and Melbourne for the HOME Investment Partnership Program for

total of $1,142,000. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: THIRD SMALL SCALE PLAN AMENDMENT OF 1995 (95S.3)

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to grant permission to advertise public hearing to consider the adoption of the Third Small Scale Amendment of 1995 (95S.3) on May 9, 1995. Motion carried and ordered unanimously.

RESOLUTION SETTING PUBLIC HEARING, RE: VACATING PUBLIC UTILITY EASEMENT IN BAREFOOT BAY, UNIT 2, PART 10 - ARTHUR F. PRIEP

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution setting public hearing for May 2, 1995, to consider vacating a portion of the public utility easement in Barefoot Bay, Unit Two, Part Ten as petitioned by Arthur F. Priep. Motion carried and ordered unanimously.

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

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution setting public hearing for May 2, 1995, to consider vacating right-of-way adjacent to Suntree Estates as petitioned by Albert L. Gulledge. Motion carried and ordered unanimously.

RESOLUTION, RE: CANCELING TAXES ON PROPERTIES ACQUIRED FOR PUBLIC PURPOSES

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution authorizing cancellation of real property taxes on properties acquired for public purposes. Motion carried and ordered unanimously.

CHANGE ORDER NO. 2 WITH HARDRIVES, INC., RE: WICKHAM ROAD WIDENING PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve Change Order No. 2 to Agreement with Hardrives, Inc. in the amount of $4,133.54, with an increase of 88 calendar

days; and total contract cost of $219,374.26 for Wickham Road Widening Project. Motion carried and ordered unanimously.

CHANGE ORDER TO PURCHASE ORDER #403436 WITH ARDAMAN & ASSOCIATES, RE: GEOTECHNICAL TESTING FOR WICKHAM ROAD WIDENING PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to authorize Purchasing Division to issue a change order to Purchase Order #403436 with Ardaman & Associates, increasing total geotechnical testing cost for Wickham Road Widening Project from $49,345 to $100,000. Motion carried and ordered unanimously.

CHANGE ORDER TO PURCHASE ORDER #402652 WITH BLACKHAWK QUARRY COMPANY OF FLORIDA, INC., RE: WICKHAM ROAD WIDENING PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to authorize Purchasing Division to issue a change order to Purchase Order #402652 to increase total base material cost for Wickham Road Widening Project from $600,000 to $616,828.76. Motion carried and ordered unanimously.

RESOLUTION ACKNOWLEDGING PREPARATION OF AMENDED PRELIMINARY ASSESSMENT ROLL AND AUTHORIZING PUBLIC HEARING, RE: SR 520 SEWER MSBU PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution acknowledging preparation of an amended preliminary assessment roll for SR 520 sewer line MSBU; fixing the time and place at which the owners of the property to be assessed may appear before the Board of County Commissioners and be heard; providing for notice in writing to be given to the property owners to be assessed; providing for publication of said notice; and providing an effective date. Motion carried and ordered unanimously.

RESOLUTION, RE: CANCELING TAXES ON PROPERTY ACQUIRED BY ROAD AND BRIDGE AS SOURCE OF FILL

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution canceling taxes on property acquired by Road and Bridge Division as a source of fill. Motion carried and ordered unanimously.

EXTENSION OF CONSTRUCTION PERMIT, RE: AQUARINA GOLF COURSE AND ROADS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to grant one-year extension of construction permit for Aquarina Golf Course and Roads. Motion carried and ordered unanimously.

REQUEST TO REMOVE MISSING PROPERTY FROM INVENTORY OF BUILDING DIVISION, RE: IBM TYPEWRITER

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve removal of a missing IBM typewriter, PR#A001-0720, from the inventory of the Building Division. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS AND APPOINT SELECTION COMMITTEE, RE: HEALTH AND HUMAN SERVICES CONTRACTS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to grant permission to advertise request for proposals from community-based organizations for Health and Human Services Contracts; and authorize appointment of a community-based program selection committee comprised of five members, one appointed by each Commissioner, and the Human Services Director or designee to serve as staff liaison and non-voting member. Motion carried and ordered unanimously.

JOINT USE AGREEMENT WITH SCHOOL BOARD AND RESOLUTION ESTABLISHING ADMINISTRATIVE SERVICES, RE: BUS TRANSPORTATION SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Joint Use Agreement with the School Board and adopt Resolution establishing administrative services fees for bus transportation services beginning April 4, 1995 and ending September 30, 1996. Motion carried and ordered unanimously.

PERMISSION TO OBTAIN QUOTES AND BIDS, AWARD TO LOWEST RESPONSIBLE CONTRACTOR, AND APPROVE MORTGAGE DEEDS, NOTES AND GRANT AGREEMENTS, RE: REPLACEMENT HOUSING DEFERRED LOANS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to grant permission to obtain quotes and bids, award to the lowest responsible contractor, approve mortgage deeds and notes, and authorize execution of Grant Agreements for replacement housing deferred loans. Motion

carried and ordered unanimously.

AGREEMENT WITH TITUSVILLE ROTARY CLUB, INC., RE: DEVELOPMENT OF ROTARY RIVERFRONT PARK

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with Titusville Rotary Club, Inc. for development of Rotary Riverfront Park, commencing April 4, 1995 for one year with option to renew for one year terms. Motion carried and ordered unanimously.

AGREEMENT WITH GARY L. MALLORY, RE: CARETAKER AT MCLARTY PARK

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with Gary L. Mallory to provide security services at McLarty Park from April 4, 1995 through April 3, 1996. Motion carried and ordered unanimously.

AGREEMENT WITH HARVEY SMITH, RE: CARETAKER AT POLICE FOUNDATION PARK

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with Harvey Smith to provide security services at Police Foundation Park from April 1, 1995 through March 31, 1996. Motion carried and ordered unanimously.

AGREEMENT WITH GREATER WEST MELBOURNE ATHLETIC ASSOCIATION, RE: USE OF RODES PARK

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with Greater West Melbourne Athletic Association for use of Rodes Park from March 1, 1995 through February 28, 1996. Motion carried and ordered unanimously.

AMENDMENTS TO AGREEMENTS WITH MAI ARCHITECTS ENGINEERS, INC., RE: EXTENSION OF TIME FOR ARCHITECTURAL AND ENGINEERING SERVICES FOR COCOA WEST AND SIMPSON PARK COMMUNITY CENTERS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Amendments to Agreements with MAI Architects Engineers, Inc. extending time to May 18, 1996 for architectural and engineering services for additions to Cocoa West and Simpson Park Community Centers. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, APPOINT SELECTION COMMITTEE, AND AUTHORIZE NEGOTIATIONS, RE: UNITIZED MEALS FOR SUMMER FOOD SERVICE PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to authorize advertisement of bids for unitized meals for the Summer Food Service Program funded through Florida Department of Education; and authorize the Chairman to execute Agreement with successful bidder. Motion carried and ordered unanimously.

WAIVER OF MUSIC AND ALCOHOLIC BEVERAGE REGULATIONS, RE: FREE THE CHILDREN CELEBRATION IN THE PARK FUND RAISER AT F. BURTON SMITH PARK

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to waive provisions of Article III, Festivals, to allow musical entertainment, and Article V, Section 18-104(2), to allow sale/possession/donation of alcoholic beverages for Free The Children fund raiser at F. Burton Smith Park on May 7, 1995, subject to the organization obtaining all state and local regulatory permits and providing security, traffic control, clean up and general comprehensive liability insurance with liquor liability. Motion carried and ordered unanimously.

WAIVER OF MUSIC REGULATIONS, RE: VERY SPECIAL ARTS FESTIVAL AT F. BURTON SMITH PARK

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to waive provisions of Article III, Festivals, to allow musical entertainment for the 7th Annual Very Special Arts Festival at F. Burton Smith Park from April 5 through 7, 1995, subject to the Festival Committee providing clean up and obtaining state and local regulatory permits if required. Motion carried and ordered unanimously.

RESOLUTIONS, RE: AUTHORIZING APPLICATIONS FOR LIBRARY SERVICES AND CONSTRUCTION ACT FEDERAL FUNDS FOR COCOA BEACH, EAU GALLIE, MERRITT ISLAND, AND WEST MELBOURNE LIBRARY PROJECTS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolutions authorizing applications for Library Services and Construction Act federal funds for Cocoa Beach, Eau Gallie, Merritt Island, and West Melbourne Library Projects. Motion carried and ordered unanimously.

ACCEPT RECOMMENDATION OF COUNTY LIBRARY BOARD AND APPROVE BUDGET CHANGE REQUEST, RE: USE OF UNBUDGETED STATE AID GRANT

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to accept recommendation of the County Library Board and approve Budget Change Request for use of unbudgeted State Aid Grant funds of $134,837 to purchase CD Rom equipment for use by the public through the Library's computer system. Motion carried and ordered unanimously.

ACCEPTANCE OF DONATION FROM BEACH SPORTSCYCLE AND YAMAHA, RE: TWO YAMAHA WAVERUNNERS FOR WATER RESCUE

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to accept donation of two Yamaha Waverunners for Water Rescue from Beach Sportscycle and Yamaha. Motion carried and ordered unanimously.

APPROVAL, RE: TDC CATEGORY B, BEACH MINI GRANT APPLICATION HANDBOOK

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve the TDC Category B, Beach Mini Grant Application Handbook, which includes eligibility requirements, types of grants available, criteria for evaluation, instructions, and application forms. Motion carried and ordered unanimously.

EXTENSION OF STAFF REPORT, RE: CHAMBERS OF COMMERCE GRANT ALLOCATIONS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to extend time from April 4, 1995 to May 2, 1995 for a staff report on the Chambers of Commerce grant allocations. Motion carried and ordered unanimously.

AGREEMENT WITH SUNTREE PARTNERS, RE: RECLAIMED WATER LINE CONSTRUCTION

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with Suntree Partners for construction of 640 feet of reclaimed water main. Motion carried and ordered unanimously.

AGREEMENT WITH WICKHAM/I-95 PROPERTY OWNERS ASSOCIATION, RE: LANDSCAPING AT LIFT STATION T-32

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with Wickham/I-95 Property Owners Association for landscaping at Lift Station T-32. Motion carried and ordered unanimously.

RESOLUTION, RE: OPPOSING CERTAIN SECTIONS ON RIGHTS-OF-WAY IN U.S. SENATE TELECOMMUNICATION COMPETITION AND DEREGULATION ACT OF 1995

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution opposing certain sections on rights-of-way in the U.S. Senate Telecommunication Competition and Deregulation Act of 1995. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: PROPOSED RATE CHANGES FOR TCI CABLEVISION, INC. (TCI SOUTHEAST, INC.)

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to grant permission to advertise a public hearing for May 9, 1995, at 5:30 p.m. to consider proposed rate and equipment changes for TCI Cablevision, Inc.'s franchise covering the Barefoot Bay and Snug Harbor areas. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: PROPOSED EQUIPMENT RATE AND INSTALLATION COST CHANGES FOR TIME WARNER CABLE (TIME WARNER ENTERTAINMENT CO. L.P. TWE)

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to grant permission to advertise a public hearing for May 9, 1995, at 5:30 p.m. to consider proposed rate and equipment changes for Time Warner Entertainment Cable's franchises I, II and III. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: PROPOSED RATE CHANGES FOR FALCON CABLE TV

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to grant permission to advertise a public hearing for May 9, 1995, at 5:30 p.m. to consider proposed rate and equipment changes for Falcon Cable TV. Motion carried and ordered unanimously.

ACKNOWLEDGE RESOLUTION FROM BROWARD COUNTY, RE: OPPOSING RECOMMENDATIONS IN PRESIDENT'S FY 1996 BUDGET

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to acknowledge Resolution No. 95-214 from Broward County opposing recommendations in the President's FY 1996 Budget removing federal participation in water projects. Motion carried and ordered unanimously.

ACKNOWLEDGE RESOLUTION FROM GADSDEN COUNTY, RE: AMENDMENT TO ARTICLE I, SECTION 5 OF STATE CONSTITUTION ON RIGHT OF CITIZENS TO ASSEMBLE AND INSTRUCT THEIR REPRESENTATIVES

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to acknowledge Resolution from Gadsden County proposing amendment to Article 1, Section 5 of the Florida Constitution, relating to the rights of citizens to assemble and instruct their representatives. Motion carried and ordered unanimously.

AWARD OF BID #B-5-5-52 AND AGREEMENT, RE: SPESSARD HOLLAND GOLF COURSE STABILIZATION

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to award Bid #B-5-5-52, Spessard Holland Golf Course Stabilization, to the low bid of Continental Acreage at $148,900; and execute Agreement with Continental Acreage for the project. Motion carried and ordered unanimously.

AWARD OF QUOTE #Q-4-5-72, RE: MISCELLANEOUS FERTILIZERS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to award Quote #Q-4-5-72, Miscellaneous Fertilizers, as follows: Items 4, 5, 7, 10 and 15 to Howard Fertilizer Company; Items 11, 13, 14, 19, 22, 23 and 25 to Lykes Agri Sales; Items 12, 17, 18, 20, 21 and 26 to Gold Kist Chemical; Item 9 to Harrell's, Inc.; and Items 3 and 24 to VJ Growers. Motion carried and ordered unanimously.

PERMISSION TO ISSUE OPEN PURCHASE ORDERS, RE: ELECTRICAL SUPPLIES

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve various vendors of record and issuance of Purchase Orders, exceeding $25,000 for electrical supplies. Motion carried and ordered unanimously.

APPROVAL OF CHANGE ORDER NO. 2 WITH HEARD CONSTRUCTION, INC., RE: SCAT CENTRAL TRANSIT FACILITY MODIFICATIONS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve Change Order No. 2 to Agreement with Heard Construction, Inc. incorporating Construction Change Directives Nos. 1 and 2, increasing the total by $470.82. Motion carried and ordered unanimously.

AWARD OF BID #B-4-5-58, RE: AGRICULTURAL CHEMICALS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to award Bid #B-4-5-58, Agricultural Chemicals as follows: Items 1, 2, 6 and 51 to Lesco; Items 3, 4, 19, 21, 22, 24, 28 and 41 to Helena Chemical Company; Items 5, 8, 9, 14, 18, 31, 42, 46 and 55 to Gold Kist Chemical; Items 7 and 35 to DuCor International; Item 10 to Parkway Research; Items 11, 13, 16 and 17 to Golf Ventures; Items 12, 34, and 50 to Van Water & Rogers; Items 15 and 48 to The Scotts Company; Items 20, 30, 32, 33, 39, 43, 47 and 49 to Terra Asgrow Florida; Items 28, 29, 38 and 44 to United Horticulture Supply; and Items 36, 37, 52 and 54 to Harrell's, Inc. Motion carried and ordered unanimously.

APPOINTMENTS AND REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to appoint and/or reappoint the following:

South Mainland Library Advisory Board

Appoint Irving Wardle, 736 S. Waterway Drive, Barefoot Bay, Florida 32976 replacing Adele Breinlinger, with term of appointment expiring December 31, 1996.

Art in Public Places Advisory Committee

Appoint Sandy Sevigny, 729 Wingfoot Lane, Melbourne, Florida 32940 replacing Randall A. Hayes, with term of appointment expiring December 31, 1996.

Golf Advisory Board

Appoint Gene Burress, 4865 Silver Oak Boulevard, Melbourne, Florida 32935 replacing Macon Ballard, with term of appointment expiring December 31, 1996.

Affordable Housing Council

Appoint Ray Olinger, 2954 Chipper Drive N.E., Palm Bay, Florida 32905 replacing B. J. Owens, with term of appointment expiring March 23, 1997.

Merritt Island /Beaches Service Sector Advisory Board

Appoint Kathy Jarrell, 445 Apache Trail, Merritt Island, Florida 32953 replacing Robert Herrmann, with term of appointment expiring March 23, 1996.

Appoint David Saldana, 1355 Girard Boulevard, Merritt Island, Florida 32952 replacing Nancy Hanson, with term of appointment expiring March 23, 1996.

District 2 Canal Dredging Committee

Appoint Albert Elebash, 1050 Carrigan Boulevard, Merritt Island, Florida 32952, Roy Guinsler, 2095 Eastwood Drive, Merritt Island, Florida 32953, Gregory Kirk, 2404-D Courtenay Parkway, Merritt Island, Florida 32952, Glenn Morgan, 520 Riverside, Merritt Island, Florida 32952, John Oaks, 1670 Seashell, Merritt Island, Florida 32952, and Joe De Mes, 1585 Mercury Street, Merritt Island, Florida 32953, and with terms of appointments expiring April 3, 1996.

Veterans Memorial Park Advisory Board

Reappoint Timothy Joyner, 1433 Autumn Woods Drive, Melbourne, Florida 32935, with term of appointment expiring March 23, 1996.

Motion carried and ordered unanimously.

APPOINTMENTS, RE: COUNTY COMMUNITY CULTURAL GRANTS PANEL FOR 1995-96

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve appointments to the County Community Cultural Grants Panel for 1995-96, as follows:

Anselmo Baldonado, P. O. Box 1508, Melbourne, Florida 32902, Lloyd Behrendt, 1085 Hall Road, Malabar, Florida 32950, Suni Clark 1030 S. U.S. 1, Rockledge, Florida 32955, Doris Davidson, 1744 N. Merrimac Drive, Merritt Island, Florida 32952, Karen Hammond, 273 S. Atlantic Avenue, Cocoa Beach, Florida 32931, Barbara Mars, 4747 S. Washington Avenue, #130, Titusville, Florida 32780,

Pat Oliver, 3410 Sunset Ridge Drive, Merritt Island, Florida 32953-8636, Sheila Schaefer, 2595 Palm Bay Road, N.E., Palm Bay, Florida 32905, Irene Wirtschafter, 1825 Minuteman Causeway, Apt. 301, Cocoa Beach, Florida 32931. Alternate members: Cynthia Brubaker, 120 Ocean Terrace, Indialantic, Florida 32903, R. Richard Ott, 2311 St. Andrews Circle, Melbourne, Florida 32901, and Bill Ronat, 2839 Pineapple Drive, Melbourne, Florida 32935. Motion carried and ordered unanimously.

APPROVAL OF LETTER TO U.S. POSTAL SERVICE, RE: SOUTH MAINLAND ZIP CODE

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to authorize the Chairman to send a letter to the U.S. Postal Service regarding the South Mainland zip code. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING DRAINAGE RIGHT-OF-WAY AND PUBLIC UTILITIES AND DRAINAGE EASEMENTS IN PINE LAKE RANCH MICHAEL A. DICHRISTOPHER

Chairman Higgs called for the public hearing to consider resolution vacating drainage right-of-way and public utilities and drainage easements in Pine Lake Ranch, as petitioned by Michael A. DiChristopher.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution vacating drainage right-of-way and public utilities easements in Pine Lake Ranch, as petitioned by Michael A. DiChristopher. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AND RESOLUTION ON PERMITS AND FEES FOR ROLL-OFF SERVICE FOR COLLECTION OF CONSTRUCTION, DEMOLITION AND LANDCLEARING DEBRIS

Chairman Higgs called for the public hearing to consider ordinance and resolution on permits and fees for roll-off service for collection of construction, demolition and landclearing debris.

Peter Jurgel, 462 N.W. Jupiter Boulevard, Palm Bay, General Manager of Harris Sanitation, stated at the last workshop on this issue, a number of comments were made; he wrote a letter to each Commissioner stating his thoughts; and he made some other additional comments. He noted he did research on the subject; he talked to Joe Wickham and Sam Harris; the franchise in Brevard County for solid waste service which include residential, commercial and roll-off was put into place to ease the Commissioners' problems with the different haulers that were hauling in the County; and there were a number of problems with people not doing what they were supposed to be doing, and putting solid waste in places it did not belong. He noted it was not set up as a monopoly as

someone stated; and it was set up to take care of the customers needs in Brevard County and ease the problems that the Board had.

There being no objections heard, motion was made by Commissioner Cook, seconded by Commissioner O'Brien, to adopt Ordinance amending Chapter 94, Code of Ordinances of Brevard County, Florida; specifically requiring individuals placing roll off containers on any real property in the unincorporated areas of the County for the storage and removal of construction and demolition debris or landclearing debris to either enter into a collection agreement with the Board of County Commissioners or obtain a permit from the Board for such activity; providing that it is a violation of the County Code for an individual to place a roll off container on any real property in the unincorporated area of the County without a collection agreement or permit; providing for severability; providing for an effective date; and adopt Resolution establishing permit procedures and requirements for individuals engaged in the placement and collection of roll off containers for the storage and removal of construction and demolition debris or landclearing debris from real property in the unincorporated areas of Brevard County; establishing a permit fee; and providing for an effective date. Motion carried and ordered unanimously.

DISCUSSION, RE: BREVARD'S HOMELESS COUNT AND PROFILE

Assistant County Manager for Community Services Joan Madden advised this item was tabled on May 21, 1995; staff was requested and has provided backup on the activities and goals of the local planning committee that was set up to handle the homeless count; and it is requested that the Board approve, with no additional funding, community efforts to count the homeless of Brevard. She noted this count would serve as the basis to continue to coordinate existing services to the homeless through a network of existing agencies; and staff has also provided a draft letter to Mr. Petroni which was requested at the last meeting.

Pat Merrill, 1400 Jernigan Avenue, Melbourne, stated this is quite a network of non-profit agencies from Titusville down to Malabar; and their interest in this survey is to make best use of the funds and programs they have. She noted they have been meeting every week and doing research on surveys that have been done in other areas such as Jacksonville; they are hoping to come up with some real numbers here; and part of the organizing of this is to involve the homeless in the planning and counting teams that go out in the last week of May, 1995. She stated the information has been provided for the Board; and they hope it will look favorably on the project.

Commissioner Cook expressed concerns on the issue; stated the County has done research; he is still not sure which community organizations exactly; he is not sure what the endorsement is going to be used for; and the Coalition for the Hungry and Homeless has already done a survey which has projected the amount of homeless people and shows there is a shortage of shelters. He noted his concern is that they are still waiting to develop a survey form; he is not sure who is going to be

involved; it is going to be a one night count; and he is not sure how valid that will be. Commissioner Cook stated this would be better done by the private organizations and private non-profits that are working on this; and they can bring the results back to the Board if they desire it to act. He noted he does not feel comfortable getting involved; if this data is going to be used to substantiate more need for affordable housing or shelters, that is something they should collect; they can bring it to the Board; he does not have a level of confidence; and he cannot support it.

Commissioner Ellis stated he does not support it either; he believes the count is going to be used in litigation against the County eventually; this is coming out of Washington; and quoted an article as follows: "In general, penalizing homeless people for sleeping in public in the absence of sufficient shelter space is likely to violate the Constitution's prohibition against cruel and unusual punishment." He noted one of the things that is advocated is litigation against the County; it has a number of services available for homeless and displaced families; he is not going to get into a count going out into the woods and tracking down people which he thinks will then be used to try and justify funding; and if the County does not spend the funding, then it is going to have to let people sleep wherever, including the parks. He advised he is not going to support this because the long-term affect is the County is going to end up being sued over it.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Brevard's homeless count and profile. Motion did not carry; Commissioners Scarborough and Higgs voted aye, Commissioners O'Brien, Cook and Ellis voted nay.

AGREEMENTS WITH CITIES OF ROCKLEDGE AND MELBOURNE AND TOWN OF MALABAR, AND APPROVAL OF BUDGET CHANGE REQUESTS, RE: TRANSPORTATION IMPACT FEE PROJECT APPROPRIATIONS

Bill McCord, 1340 Ambra Drive, Melbourne, Melbourne City Planner, advised the City of Melbourne has identified specific transportation improvements that are to be targeted for partial funding with impact fees; among these are Post, Dairy and Eber Roads; Dairy Road is very close to beginning construction; and all of these projects are identified in Melbourne's Comprehensive Plan. He noted such projects have also been submitted to the MPO for consideration for the past several years; and they have been included in the Transportation Improvement Program of the MPO. He stated the City of Melbourne asks for favorable consideration for the allocation of impact fees for these projects.

Motion by Commissioner O'Brien, seconded by Commissioner Ellis, to execute Amendments to Disbursement Agreements with Cities of Rockledge and Melbourne and Town of Malabar, and approve Budget Change Requests for Transportation Impact Fee Project Appropriations. Motion carried and ordered unanimously.

CHANGE ORDER NO. 12 TO MACASPHALT, INC., RE: WICKHAM ROAD WIDENING PROJECT

Commissioner Cook stated he has had discussions with staff and has concerns about the item; he believes some of the delays had to be concurrent; not all of them were consecutive; he is willing to grant a 30-day extension; and there are a lot of businesses on Wickham Road that need the project completed as soon as possible. He noted he has a concern about the 88-day extension.

Commissioner Ellis noted his concern on the 88 days is the turn lane; and inquired can the rest of the road be put down while the turn lane is being worked on.

Tom Lundeen, Projects Management, stated the turn lane that was proposed by Dr. Levy is on the portion of the road that traffic is already on; so there would have to be a lot of maintenance of traffic and traffic shifting to get the turn lane in there; and some curb and gutter would have to be taken out to do that work. He noted it would be a hassle to get it in there; and they would have to get traffic on the other side of the road and the new road built on the other two lanes before they can consider starting that work.

Commissioner Ellis inquired is this a right turn lane; with Mr. Lundeen responding it is a left turn lane. Commissioner Ellis noted so it is a center turn lane; with Mr. Lundeen responding affirmatively. Commissioner Ellis inquired is it pulling up a median; with Mr. Lundeen responding yes. Commissioner Cook inquired is Dr. Levy paying for this; with Mr. Lundeen responding yes.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to approve Change Order No. 12 to Agreement with MacAsphalt, Inc. for Wickham Road Widening Project, increasing construction cost by $143,006 and extending construction time by 30 days; and ratify Amendment to Contract with Post, Buckley, Schuh & Jernigan, Inc. for additional design work for the project. Motion carried and ordered unanimously.

REQUEST TO WAIVE FEES FOR PRE-EXISTING USE APPLICATION, RE: CAMP HOLLY

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to approve request to waive fees for pre-existing use application from property owner of Camp Holly.

Commissioner O'Brien stated the County waived all the fees for the South Beaches in the past; the Board's policy should be that anyone with the same kind of problem of pre-existing use should have an automatic pre-existing waiver; it should not come up before the Board again and staff should be instructed; and he will make it part of the motion.

Commissioner Ellis stated the place has been there for 50 years; and inquired why the Comprehensive Plan cannot reflect the business has been there that long and have it in such Plan as BU-1.

Commissioner Ellis noted he reviewed Option 3 which goes to mixed use; and inquired why does the County have to go mixed use district.

Planner II Todd Peetz responded Option 3 to the mixed use district would allow the BU-1 zoning to be consistent with the Comprehensive Plan. Commissioner Ellis inquired why the County cannot change such Plan; with Mr. Peetz responding it can, but that option would not be consistent with the location criteria for locating mixed use districts. He noted it is not one of the more popular options, but it is possible.

Commissioner Ellis stated that is with the mixed use district Option 3; and inquired what if the County took the parcel and put it in the Comprehensive Plan as commercial.

Growth Management Assistant Director Peggy Busacca advised that is what Option 3 is; the County can do it either through a small scale amendment which is faster for the applicant or it can put it into the 95B process which takes more time for the applicant; and staff was trying to come up with the faster way which is Option 3.

Commissioner Ellis inquired why is it considered a mixed use district when there are no homes out there; with Ms. Busacca responding a mixed use district is the only land use category which will permit BU-1 zoning. She noted in order for the County to get the BU-1 zoning into the proper land use category, it will have to be designated mixed use; it has no specific commercial zoning category; and it only has the mixed use district.

Chairman Higgs advised the motion is to waive the fees and authorize staff to waive fees for pre-existing use applications in the future for similar cases. She called for a vote on the motion. Motion carried and ordered unanimously.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to approve Option 3 to process a small scale comprehensive plan amendment to mixed use district, with the County as the applicant. Motion carried and ordered unanimously.

DISCUSSION, RE: APPEAL OF THE DENIAL OF EXEMPTION FROM IMPACT FEES FOR TOM K. DAVIS

Tom Davis, 3760 N. Riverside Drive, Indialantic, stated on March 23, 1995, he met with a committee of eight members of County staff; the committee denied the exemption from impact fees for him; his problem is with the interpretation of what the intent of the exemptions of the impact fees for warehouses are. He noted in January, 1995, there was discussion by the Board for exemptions of certain types of businesses that would promote and encourage new businesses to come into the County; he thought that was the intent and purpose of these exemptions for industrial properties; and he understands there was comments about exempting mini warehouses.

He stated he received a copy of the February 1, 1995 Board Minutes which did not exempt mini warehouses or the warehouses; he has a problem with this; about 11 or 12 years ago, he bought 2 1/2 acres of property and had to acquire the land next to it because the County would not give him a permit on a flag lot; he spent $30,000 putting a road into it to County specs; and he deeded that property to the County. He noted he built one building for himself on the property as a construction warehouse; in January, 1995, he was approached by a company that wanted to move into the area; and they had a problem in that they could not find dock high warehouse type facilities for their distribution center; and they needed to be into the building by April 1, 1995. Mr. Davis stated in a matter of two days, they generated the plans and visited all of the bureaucracies to determine whether or not they could get through all of their permitting processes within three weeks, and construct the building in another three weeks time to meet the deadline. He noted in January, 1995, it was his understanding that industrial buildings, for the purpose of promoting the business and employment, would be exempt in industrial properties; it appears the County is writing this law as a permissive law as opposed to a restrictive law; and that is not usually done. He stated he was told by a staff member that the County only wants to promote businesses that are high paying in manufacturing, and give exemptions to those; but it does not want to give it if it is a warehouse. Mr. Davis stated if it is manufacturing, he does not know how the County can eliminate warehousing from manufacturing; the construction industry is the largest manufacturing industry in the world; and the County cannot separate a warehouse and a manufacturing effort. He noted this is an air conditioning distributorship coming out of South Florida; they do about one hundred million dollars a year in Florida; he took all the risks; he bought the property and paid all the taxes; he is borrowing the money; and he is not asking for anything other than the Board to look at the language and how this ordinance is being written to restrict warehousing. He stated it is very difficult to restrict warehousing as not being a part of manufacturing; he can understand it for mini warehousing; air conditioners are part of an in-product just like any other product if you were doing a semi-conductor building; and you could have an assembly building, warehouse building, office, and research and development. Mr. Davis stated in summary, he would like to request the Board give consideration to defining this ordinance in such a way to restrict those things it does not want and those undesirable people it does not want in the County; and restructure the language of this particular ordinance such that it would restrict the mini warehouse and to allow any construction in an industrial property that promotes the creation of jobs.

Commissioner O'Brien stated a motion was made on January 12, 1995 to abate impact fees; that was not clarified until February 1, 1995; and Mr. Davis was billed January 20, 1995. He noted there was no clarification by the Board on January 12, 1995 and Mr. Davis went forward; he got caught between two dates; he does not like throwing $6,000 away of County money; but he does not like smacking someone with an impact fee either when they were told the impact fees were abated.

Commissioner Ellis noted on January 12, 1995, the Board said all industrial zoning; that is what he told people when they called his office; and on February 1, 1995, it excluded the warehouses. Commissioner Cook concurred with Commissioner Ellis' comments.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to waive impact fees for Tom K. Davis in the amount of $6,770.30.

Commissioner Scarborough stated he is going to support the motion based on Commissioner O'Brien's logic.

Chairman Higgs inquired when did Mr. Davis submit his application; with Mr. Davis responding early January, 1995. Chairman Higgs stated without knowing when the application was actually filed and the site plan, she does not know if she can follow Commissioner O'Brien's logic; Mr. Davis indicated submission of the application was in early January, 1995; and if that is the case, then it was prior to this date when the Board took any action. She noted she does not think the action was precipitated, caused by or a result of some action by the Board; and she cannot support the motion until she knows when the actual permit was applied for and when the process was started.

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

RATIFY AND APPROVE CHANGES TO POLICY BCC-56, RE: BUDGET AND FISCAL POLICIES

Commissioner Ellis stated he would like to go with $50,000 rather than $150,000; his concern is that you have people work up bids on something; and the County may not be able to award the bid because it does not have the money available.

Chairman Higgs noted that is if it is budgeted; with Commissioner Ellis responding just because it is budgeted does not mean if you go through the process of spending your money during the year that you are going to be able to afford it.

Commissioner Cook noted $150,000 is too high a threshold.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to ratify and approve changes to Policy BCC-56, Budget and Fiscal Policies, as recommended by the Finance Committee; and approve Change in Directive II.B.9. that Board approval of the Budget shall also serve as approval for County agencies to advertise and award low bid for tangible items, projects and equipment with an estimated value of $50,000 or below when funding is available.

Commissioner O'Brien stated he cannot support the motion; the Board keeps creating more work for the County, itself and everybody else involved; and it is unnecessary work. He noted the Board would be receiving paperwork two different times for the same project on something that has already

been budgeted; there are established guidelines on how to handle this; and the County Manager oversees it. He requested the Board go halfway and approve $75,000.

Commissioner Cook amended the motion to approve $75,000 and Commissioner Ellis accepted the amendment.

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

The meeting recessed at 10:21 a.m.

The meeting reconvened at 10:39 a.m.

RESOLUTION, RE: OPPOSING STATE LEGISLATION RESTRICTING OR LIMITING LOCAL GOVERNMENT USE OF IMPACT FEES

Chairman Higgs stated she put this on the agenda; there is information on the legislative update; she does not know that the Board needs to take any action; and it seems like a dead issue.

The Board took no action regarding resolution opposing State Legislation restricting or limiting local government use of impact fees.

APPROVAL, RE: CHAIRMAN AND/OR COUNTY ATTORNEY CONTACTING LOCAL LEGISLATORS AND FLORIDA ASSOCIATION OF COUNTIES TO STATE COUNTY'S OPPOSITION TO SENATE BILL 644

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to direct the County Attorney to draft a strong letter stating Brevard County's opposition to Senate Bill 644 regarding comparative fault in personal injury cases; and authorize the Chairman and/or the County Attorney to contact local legislators and the Florida Association of Counties, advising of the Board's opposition. Motion carried and ordered unanimously.

RESOLUTION, RE: ESTABLISHING DISTRICT 2 CANAL DREDGING COMMITTEE

Motion by Commissioner O'Brien, seconded by Commissioner Ellis, to adopt Resolution establishing District 2 Canal Dredging Committee. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: REVISION TO ORDINANCE NO. 94-22E, ANIMAL CONTROL

Commissioner Ellis stated his concern on this item is that there are too many ticket items; one ticket is enough; he talked to Animal Control and it said its policy is to give the one ticket; the real goal is to have the animals vaccinated; and if Items K, M and N were deleted, the County would still have everything it needs for animals to be ticketed if they are not vaccinated and if they do not have tags.

Commissioner O'Brien stated Commissioner Ellis is correct; he is also concerned about the civil penalties on Attachment A; it says that the removal of animal from custody of Animal Control Supervisor or officer is $50 for the first fine; the interference of the Animal Control Supervisor or officer is $100; and unlawful or unauthorized removal of animal from the shelter is a $50 fine. He noted he believes that once the animal is in custody, these kinds of fines do not stop anyone from trying; and they are too low.

Commissioner Cook inquired is this for all animals or just the ones that are picked up which are roaming free as far as the tags; with Assistant County Manager for Community Services Joan Madden responding any animals that are picked up. Commissioner Cook noted where it says, "inhumane to be psychologically and physically cruel" is a typical over reaction of government; this is an extension of government powers; he has a real problem with it; and the whole ordinance has a number of flaws. He stated the Circuit Judge was correct; it is very vague; he believes the ordinance is unenforceable; and this may be going beyond the bounds of government.

Commissioner O'Brien noted he cannot support the ordinance revising Section 14-53; it is about every animal there is which includes dogs, cows, mules, donkeys, horses, ducks; and he cannot support that part. He stated he can support the resolution; and he would like to see changes in the fines.

Motion by Commissioner O'Brien, seconded by Commissioner Ellis, to grant permission to advertise public hearing for May 2, 1995 to consider amending Resolution No. 94-386 establishing fee structure for animal control. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to grant permission to advertise repeal of Emergency Ordinance No. 94-22E, Animal Control.

Commissioner Scarborough stated he would be in favor of making amendments to the Emergency Ordinance rather than abolishing it.

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

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to grant permission to advertise public hearing for May 2, 1995 to consider amending Animal Control Emergency Ordinance No. 94-22E, including deleting the word "psychological".

Commissioner Cook stated he thinks this is vague and way too broad; it is a further extension of government into what should be the private lives of people; animal cruelty is covered in the State Statute and the current animal control ordinance; and he remembers when the original Ordinance was adopted. He noted there was input from the public, veterinarians, and animal rights activists; because there was a diving mule, the County has something that goes way beyond the original intent of the Ordinance; and that is his problem with it.

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

AGREEMENT WITH JIM ADCOCK, RE: CARETAKER AT LAKE WASHINGTON PARK

Chairman Higgs stated it is her understanding that this agreement provides a home whereas all the other caretaker agreements, with the exception of maybe one, do not provide that; on other caretaker agreements, the individual provides the home; and they are compensated the way this one is. She noted in this case and one other, these people are given a home in which to live, yet there are no requirements for any additional work, whereas they are receiving significantly different compensation. She stated all the other caretakers provide their mobile homes on County property; and this seemed to provide an unfair compensation to this individual.

Assistant County Manager for Community Services Joan Madden stated there is a house at Fox Lake; and there is a caretaker at that one living in the house. Chairman Higgs inquired does that individual have any additional responsibilities that are different from others; with Ms. Madden responding no.

Parks and Recreation Director Chuck Nelson stated when the property was there, the home was there; the County placed someone in there; that is similar to the State park system and other county systems where you have that type of service level in regional parks; and the big difference is the after hour contacts. He noted these parks are significant because of boat launching; the other thing they have in common is that they are County employees, either a Sheriff or a County employee himself that works for the County at these locations; and his preference would be that it would be the park supervisor for that park, mimicking the State park system because that gives you the highest level of control over the facility and the most control over the response to any emergencies. Mr. Nelson noted in this case, there is definitely a difference in the amount of contact that they are subject to due to boat launching.

County Manager Tom Jenkins advised this individual is a Deputy Sheriff on the Marine Patrol and goes out on the lake on emergency basis; and that does provide some unusual circumstances different than other sites.

Commissioner O'Brien requested all the caretaker agreements come due at the same time every year.

Commissioner Cook stated he has the same concerns as Chairman Higgs; and perhaps the County could charge $100 a month or something. Chairman Higgs noted the County can charge something or outline the duties if they are significantly different. Commissioner Cook stated $100 a month is nominal; and it would create a standard that there is some compensation for living in a County facility. Commissioner Ellis stated he sent a letter to Parks and Recreation Department requesting it look at separating the house from the rest of the parcel and selling it; the house is probably worth over $200,000; it lies on the south side of the road; the park itself lies on the north side of the road; and perhaps the County could separate the home from the parcel and sell it, with the money being put back into beach and riverfront. Commissioner Cook stated he can only support the agreement if the County is charging something for someone to live there; and that is reasonable. Chairman Higgs stated the County can either charge or require some other work if it is unique.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to direct staff to review the possibility of compensation to the County for those caretaker agreements that have County facilities in which the caretakers reside; and provide a plan for bringing all agreements back to the Board at one time with a common ending term or date. Motion carried and ordered unanimously.

ACKNOWLEDGE COUNTY LIBRARY BOARD RECOMMENDATION AND APPROVE STAFF RECOMMENDATION AND BUDGET CHANGE REQUEST, RE: USE OF CASH CARRY FORWARD

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to acknowledge recommendation of the County Library Board, approve staff recommendation to use $720,211 of unbudgeted cash carry forward monies, and approve the Budget Change Request. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-3-5-08 AND AGREEMENT, RE: SPORTS PROMOTION AND DEVELOPMENT SERVICES FOR TOURISM DEVELOPMENT COUNCIL

Chairman Higgs stated she has no problem with the award proposal to Buchanan Company, Inc.; she does have concerns that the contracts in the past have not been performance based contracts; and it would be her desire that the Board direct staff to develop a performance based contract for this.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to award Proposal #P-3-5-08, Sports Promotion and Development Services for Tourism Development Council, to Buchanan Company, Inc. at $132,359, with the understanding that the agreement to be developed will have performance based criteria. Motion carried and ordered unanimously.

AMENDMENT NO. 3 WITH HELLMUTH, OBATA & KASSABAUM, INC., RE: HARRY T. AND HARRIETTE V. MOORE JUSTICE CENTER ARCHITECTURAL SERVICES

Chairman Higgs stated she has no problem with the firm or its credentials; but it was her concern that the threshold inspector should work for the County to inspect as opposed to working for the architect or anyone else; threshold inspector services are required by State Statute; and the firm providing the threshold inspection should be an independent position advising the County. She noted the Statute indicates advising the permitting agency; and requested staff address it.

Facilities Construction Director Joe Vislay stated the threshold inspector that HOK has proposed is TLC which is the structural engineer of record; it is important that we understand that the threshold inspector's responsibilities are to ensure that what is actually installed in the construction process is what is designed; therefore, the only time you would have a conflict of interest would be if the threshold inspector worked for the contractor or the construction manager; and since the threshold inspector's responsibilities do not include any design review, there is not any conflict.

Chairman Higgs stated in the Statute it says the fee owner of the threshold building shall select and pay all costs of employing a special inspector; but the special inspector shall be responsible to the enforcement agency. She inquired what does that mean.

County Attorney Scott Knox advised the Statute says the threshold inspector has to be licensed in accordance with the applicable provisions of Florida law; and the threshold inspector, once he is selected, is responsible to the enforcing agency, which in this case is the County because it is the permitting agency. He noted it does not make any difference who selects them; the primary duty by Statute is owed to the enforcing agency, meaning that he has to respond to the County's rules, regulations and requirements.

Commissioner Cook inquired what would be wrong with the threshold inspector having the contract with the County. Mr. Vislay responded that can be done; but the County has a better position from a liability standpoint in dealing through HOK's contract, as the firm carries the liability insurance.

Attorney Knox stated by Statute, the inspector works for the County; and he does not have any choice. Commissioner Cook stated he is responsible to the County.

Chairman Higgs inquired is the County Manager recommending that this is the best way for the Board to protect itself regarding the liability issue; with Mr. Jenkins responding yes.

Commissioner Ellis stated in the past, the County had a person in Facilities Construction who did this; and this issue never came up.

Mr. Vislay advised with the Stadium project, the previous Director was the threshold inspector; and staff was the actual onsite inspector. Attorney Knox noted what is going to happen in that case is they are going to throw that back at the County if it ever goes to trial; and that is what staff is trying to avoid.

Management Services Director Michael Managan advised the County does not have anyone on staff that meets the qualifications for a threshold inspector or licensed to do that.

Chairman Higgs stated based on the opinions given by the County Attorney and County Manager, she will go along with this portion of the Amendment.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Amendment No. 3 with Hellmuth, Obata & Kassabaum, Inc. for threshold inspection services for Harry T. and Harriette V. Moore Justice Center. Motion carried and ordered unanimously.

Chairman Higgs stated the second part of the time she was concerned about was the additional inspections staff has requested funding for; in the original Contract, she thought the County had an adequate Contract to cover all architectural services needed; and inquired why the original Contract was not good enough to cover this.

Mr. Vislay advised the original Agreement required inspections twice a month; the Contract was also structured so that additional inspections, as deemed necessary, would be added as additional services; with a project of this size and complexity, he would recommend the County have a full time architectural representative; and there is a list of services that he will perform which is attached with the agenda item. He noted the representative will help expedite and identify problems and prevent those delays that typically impact time and costs.

Chairman Higgs inquired was the original Contract not good enough; with Mr. Vislay responding the original Contract identified it as additional services; it did not pin down the scope of work or exact costs at that time; and that agreement was executed by the previous Director. Mr. Jenkins advised the County has changed Directors from the time the original Contract was negotiated; and this Director, based on his experience, believes he needs a higher level of architectural inspection. He stated he is prepared to support Mr. Vislay's recommendation based on his experience.

Commissioner O'Brien stated the County should go ahead with the extra inspections; previous experiences with County constructed facilities have shown that severe problems quickly happen and develop when it builds junk; it needs to have better inspections more frequently to see if it can keep these projects on line with fewer problems; and it is worth the investment.

Chairman Higgs stated it probably is money well spent; however, she is disturbed that the County has a Contract with this firm that is not adequate to cover what it needs them to do; she does not like change orders again in construction projects; and the County should have negotiated it in the first part if it needed those services.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Amendment No. 3 with Hellmuth, Obata & Kassabaum, Inc. for architectural site representation services for Harry T. and Harriette V. Moore Justice Center. Motion carried and ordered unanimously.

ACCEPT OFFER AND GRANT PERMISSION TO BID, RE: PUBLIC SALE OF ANIMAL CONTROL BUILDING

Chairman Higgs stated she does not want to sell the building and the property for $50,000; she believes there is more value in that building doing other things; there are two appraisals with significantly more value associated; and she does not think the County should sell that.

Commissioner Cook noted the County is establishing that as a minimum bid; it does not mean it is selling it at $50,000; it would still have to come back to the Board; and it can still reject it. He stated someone else can bid; and if the County does not get an adequate bid, it can still reject it. Chairman Higgs inquired would the Board have to accept any bid over the minimum bid; with Attorney Knox responding he is not sure and needs to review the Ordinance. County Manager Tom Jenkins requested the issue be continued for two weeks to allow the County Attorney to research it.

Daniel Evans, 575 Oak Ridge Drive, Indialantic, stated he is the person who produced the Contracts for Mr. Oakley; he represents the County under a real estate brokerage services Contract; and he is wondering how the County establishes a value of $85,000 when it has been exposed to the market for over one year. He noted Dean Oakley produced four Contracts; they have all been from the contiguous owners; they have been in the range of $35,000, $38,000 and $50,000; and the Tax Assessor values the land approximately $33,000 which is $1.00 a square foot. He stated that is the fallacy in this particular appraisal; such appraisal was done three years ago; that is when industrial values were much higher; and the Assessor was valuing industrial land at $1.80 a square foot. He noted he believes $1.00 a square foot is the price for industrial land; and if you take that component, that diminishes the value by $30,000. Mr. Evans noted the most conservative approach would be to go back and update the appraisal from three years because you will have a diminishment of value; and it will come out probably around $58,000.

Mr. Evans stated he believes the procedure of the Board is that this goes back before it to accept as a minimum bid; and it can reject any and all offers after it has gone through the bidding process.

Commissioner Cook inquired can a motion be made contingent upon that; with Attorney Knox responding yes, as long as he determines that it is subject to being rejected.

Motion by Commissioner Cook, to accept offer and grant permission to bid public sale of the Animal Control building, contingent upon it coming back to the Board to look at any additional bids and accept or reject them.

Commissioner Cook stated the County needs to go out to bid; and if there is any firm proposal that staff wants to bring back to the Board at the same time, it will look at any other proposal also. Chairman Higgs stated the Board will look at all the offers at the time the bids come in.

Attorney Knox requested the item be deferred until the end of the meeting for his review of the Ordinance. Chairman Higgs inquired in looking at other potential opportunities to use the property which may provide revenue to the Board, is there something standing in the County's way of leasing the building or the facility to an interested group; with Attorney Knox responding there is nothing that would prevent it from leasing it. Commissioner O'Brien stated he does not believe the County should sell the building; it should rent it out to an interested group in a long term lease; the rental could be a reasonable amount of money and not $1.00; and he would not want to sell the building until the property values increase.

Commissioner Ellis stated the County spent a lot of money on a new animal shelter because the old one is falling apart; and he has concerns about getting into a leasing agreement with a piece of property that is falling apart and the County's liability. Commissioner Cook stated he is happy to look at other proposals; he is not ruling that out; but if the County does that, it prevents someone that is adjacent to the property from expanding his business; and someone that is adjacent to the property wants to bid on the property so he can expand his business. He noted he wanted to be fair in that regard; and if the County gets an adequate bid, his concern is about the condition of the building which is not very good, and the fact about preventing someone from expanding their business when they are adjacent to the property. He stated the County does not want to under sell it; that is why he was in favor of going back out to bid to see what kinds of bids might be received; and the County can make the determination of whether or not to go ahead and sell it.

Chairman Higgs stated she is fine with that as long as the County does not have to take the $50,000.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to table the item until the end of the meeting. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: SUNTREE ESTATES

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant final plat approval for Suntree Estates, subject to minor changes, if necessary, and receipt of all necessary documents

required for recording. Board approval for this project does not relieve the developer from obtaining all other necessary jurisdictional permits. Motion carried and ordered unanimously.

AGREEMENT WITH SUMMERS CREEK HOMEOWNERS ASSOCIATION, INC., RE: UTILITY EASEMENT ENCROACHMENT

Commissioner O'Brien inquired can this Homeowners Association legally obligate every homeowner; with Water Resources Director Richard Martens responding he will find out that information.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to table agreement with Summers Creek Homeowners Association, Inc. stipulating conditions for encroachment of masonry wall on a utility easement until April 18, 1995 Board meeting. Motion carried and ordered unanimously.

APPROVAL, RE: REVISED 1995 BOARD MEETING SCHEDULE

County Manager Tom Jenkins stated staff recommends the public hearings on the nudity ordinance be held May 4 and May 18, 1995 at 5:01 p.m.

Assistant to County Manager Stockton Whitten advised staff gave the Board four dates to consider for the nudity ordinance; the first two dates were April 27, 1995 and May 11, 1995; there was a conflict with such dates; and staff is recommending the dates of May 4 and May 18, 1995.

Commissioner Ellis inquired is April 27, 1995 the meeting date with City of Palm Bay; with Mr. Whitten responding the City requested the County delay such meeting until it has a chance to review the materials sent to it. Commissioner O'Brien suggested holding one of the public hearings on April 27, 1995 for the nudity ordinance; with Commissioner Cook responding he will not be available.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve the revised 1995 Board Meeting Schedule, and scheduling the public hearings on the nudity ordinance for May 4, and 18, 1995. Motion carried and ordered unanimously.

Mr. Jenkins suggested the Supplemental Budget Hearings be held at 5:01 p.m. prior to the public hearings on the nudity ordinance scheduled for May 4 and 18, 1995.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to schedule Supplemental Budget Hearings at 5:01 p.m. prior to the public hearings on the nudity ordinance scheduled for May 4 and 18, 1995 instead of May 2 and 16, 1995. Motion carried and ordered unanimously.

Mr. Jenkins advised staff will send out the Revised 1995 Board Meeting Schedule.

Commissioner O'Brien stated on April 11, 1995, the Board has a workshop, an LDR meeting, and a regular night meeting; on May 9, 1995, there are also three meetings; the last time the Board did that, it could not finish the agenda; and by 9:30 or 10:00 p.m., any decisions the Board was making were out the window. He noted the Board should not ever do that again; the public deserves the Board making good decisions; when the Board starts pushing this kind of schedule, it is insanity; and he cannot agree with it.

Chairman Higgs stated the public hearing on bingo is scheduled for April 11, 1995; if the Board does not have much of an agenda for the regular night meeting, then it should be able to do the workshop and bingo on that same night.

Growth Management Assistant Director Peggy Busacca stated the advertisement for the April 11, 1995 meeting did not run as it was supposed to in order to meet the statutory requirements for bingo; there are several options; one is to reschedule that meeting; the second is to run the advertisement as quickly as possible; it is the County Attorney's opinion that the County is doing this to be prudent in the event that bingo is found to be a land development regulation; but it is not certain at this time that it is.

County Attorney Scott Knox stated the City of Melbourne's Ordinance was challenged on the grounds it was a land use regulation; that is a procedural challenge; it did not follow the proper procedures; the court at the lower levels upheld it as not being a land use regulation; but it thought it would avoid the problem by treating it like that for a land use regulation. He noted what Ms. Busacca is saying is that the County cannot meet the deadline for the April 11, 1995 meeting because of the timing on the publication; so the County has to either defer it or make a decision to take the risk. Chairman Higgs noted the County should not take the risk.

County Manager Tom Jenkins stated staff will have to come back with dates for bingo if the Board wants to take the conservative approach. Chairman Higgs stated that is fine.

The meeting recessed at 12:00 noon.

The meeting reconvened at 1:32 p.m.

County Attorney Scott Knox advised he reviewed the Ordinance; once the County sets the threshold bid, that becomes the contract price if it does not receive any bids higher than that; and the reason for that was if the County does not guarantee the person who is making the offer that he is going to

get the contract, then it does not get good offers. He noted the real threshold issue for the Board is whether or not that is a high enough bid for it to accept; if it does not like $50,000 then it needs to go back for another offer.

County Manager Tom Jenkins inquired could the Board reject the $50,000 offer and put it out to bid; with Attorney Knox responding yes and it can reject all bids if it wants to do that.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to reject offer of $50,000 from Dean Oakley dba Select Auto Auction for the Animal Control Building; and grant permission to solicit bids for the subject property, where it can reject any bids it desires.

Commissioner O'Brien stated the County should not sell the building; and it could rent the property. Commissioner Ellis noted it is difficult to get an industrial use on a parcel that size.

Attorney Knox stated the County has listed the property with the broker; and it has the possibility that the broker is going to come back if the Board accepts a bid on an open bid situation and request a commission based upon his participation at this point in time.

Commissioner Scarborough noted the answer to all of this is that the Board will be able to look at numbers after it goes out for bid; and if there is not something here that is a consensus, then it holds the property until it gets the price it desires.

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

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to direct the Assistant County Manager for Community Services to continue discussions with those parties that may be interested in leasing the building.

Commissioner Ellis stated he is not going to support the motion; the County abandoned this facility because it was falling apart; and he does not want to get into leasing it to anyone.

Commissioner Cook stated he does not mind preliminary discussions; Joan Madden has already had those; he does not object to someone expanding their business since this property is contiguous; and the County abandoned it. He noted the County can place it on the tax rolls; if someone in the area can utilize the property to their benefit, he does not have a problem with it; and he does not have a problem looking at other suggestions in regard to that.

Chairman Higgs stated she does not have any problem looking at other suggestions; and the County needs to get everything that is possible for it to recoup from this.

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

ACKNOWLEDGE, RE: BREVARD COUNTY EDUCATIONAL FACILITY AUTHORITY'S ANNUAL REPORT

Commissioner O'Brien inquired what does the Brevard County Educational Facility Authority do, why is the Board acknowledging the annual report, and what was the copying and labor costs to the County for this item.

Management Services Director Michael Managan responded this is the County's Educational Facility Authority; all 67 counties have a right to establish such authority; under Florida Statutes, Section 243.36, it requires a report of the authority's activities every year; and that is what the agenda item entails.

County Manager Tom Jenkins advised this provides a source of borrowing for universities and community colleges to provide facilities for those institutions; and a number of colleges in Brevard County have used this as a funding mechanism. He noted he believes the Board participates in the appointing of the members to the Authority.

Commissioner O'Brien noted the Board does not have anything to do with this. Commissioner Cook stated he would like to know who appoints the Authority.

Mr. Managan stated it is stipulated in the Florida Statutes. Mr. Jenkins stated where the members come from is stipulated, but he believes the Board appoints them. Commissioner Cook requested staff provide additional information; stated he is not sure of the structure and how it works; and if the Board appoints members to such Authority, he was not aware of it.

Motion by Commissioner Cook, seconded by Commissioner Ellis, to table acknowledgement of Brevard County Educational Facility Authority's Annual Report until the April 18, 1995 Board meeting. Motion carried and ordered unanimously.

Mr. Jenkins advised he will provide a report to the Board. Chairman Higgs requested staff provide information on how much the Authority currently has financed.

ACKNOWLEDGE RESOLUTION FROM JACKSON COUNTY, RE: LOCAL CONTROL AND REGULATION OF GAMING AND GAMBLING ACTIVITIES

Commissioner O'Brien stated he does not support gambling; if the Board acknowledges the Resolution, it sends a signal that it approves of gambling; and the public does not approve of

gambling also.

Chairman Higgs stated the item is simply to acknowledge the Resolution from Jackson County. Commissioner O'Brien noted he does not even want to acknowledge it. Commissioner Cook stated he agrees with Commissioner O'Brien and does not want to acknowledge the Resolution.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to authorize the Chairman to return the Resolution calling for local control and regulation of gaming and gambling activities to Jackson County and advise it that the Brevard County Commission opposes gambling. Motion carried and ordered unanimously.

TEMPORARY APPROVAL OF BUDGET CHANGE REQUEST, RE: BUDGET SUPPLEMENT ESTABLISHING BUDGET FOR CIVIL TRAFFIC INFRACTION HEARING OFFICER PROGRAM

Commissioner O'Brien stated this particular item has come before the Board three or four times in the past month and a half; and requested in the future, staff bring all items pertaining to a certain issue to the Commission at one time instead of piecemeal.

County Manager Tom Jenkins stated the Board's first action was to authorize the County Attorney to draft an ordinance; then it was authorized to advertise such ordinance; then the Board had a public hearing on the ordinance; and after it adopted same, staff came back with a budget. He noted that was the sequence of the item; and staff stands admonished.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to temporarily approve Budget Supplement establishing a budget and related funding for the Civil Traffic Infraction Hearing Officer Program for the remainder of FY 1994-95; and direct staff to bring all items pertaining to a certain issue to the Board at one time instead of piecemeal in the future. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Commissioner O'Brien stated he read the response from the State Attorney; it did not address the airline tickets to Chicago and Iowa for over $1,000 each; the Board still has not received an explanation; and no one at the State Attorney's Office is admitting any error because it does not feel it has committed one. He noted he spoke with Linda Haus; she explained to him that the State Attorney's Office has been using the same agent for 15 years; and it has never called anyone else. He stated he told Ms. Haus there are other agencies that will compete very heavily for such airline tickets; and Ms. Haus indicated sometimes it is 5:00 p.m. and she has to get tickets right then. He stated he still perceives this as a problem that is not being resolved. He noted the other question was answered; and he found out about the Sheriff's item which he held back.

Commissioner Cook stated the Board can hold the airline tickets item to get a further explanation. Chairman Higgs advised she asked the same questions; the Board received the answer on the $35 which was not her question at all; that does not bother her; but the $1,000 to get to Chicago does; and she has not felt comfortable with that. Commissioner Cook noted the Board can hold that item and tell the State Attorney's Office that Chairman Higgs' original question still has not been answered. Chairman Higgs stated she met with the State Attorney's Office; it explained to her that it has a problem with witnesses and you have to get the tickets at the time the Office is going to use the individuals; and she understands that. She noted she does not know how such Office gets the $1,000 tickets; and it tells her that is what they cost. She stated she had her office call to find out what it cost to get from Orlando to Chicago; and it was $248.

County Manager Tom Jenkins stated it is important that the County be sure it is comparing apples to apples; if you are calling for a refundable ticket that can be canceled to get the money back, that is not the same as calling at the last minute and saying you need to go somewhere on a short notice; and perhaps the Board can request the State Attorney use a competitive pricing or bidding when he does his travel, not simply use the same travel agent for a period of 15 years, and see if there is not a better value.

Commissioner Cook stated the Board has concerns because these are large expenditures. Mr. Jenkins noted the Board understands the nature of the State Attorney's utilization of travel is different than perhaps when you schedule a trip 30 days in advance; however, that does not preclude the State Attorney from having the most competitive price possible. Commissioner Cook stated Commissioner Higgs' Office checked into it and you can get on an airplane the next day for $248; it bears some sort of explanation; and since the Board has to approve these bills, it can see if there is another procedure that might benefit everyone.

Mr. Jenkins stated the Board can give staff direction to meet directly with the State Attorney and come up with a competitive cost effective way of his Office acquiring travel services. Chairman Higgs noted Mr. Jenkins can handle it.

Commissioner O'Brien stated Page 18 is a bill from Holland & Knight; the cost is $740; and inquired what is this all about.

Mr. Jenkins stated Chuck Nelson is trying to get definitive answers on the status of the sale of the golf courses and whether or not the County can sell them; and that may be what such bill is in connection with.

Commissioner O'Brien stated Page 21 continues on for an additional $853; Cary Karasz prepared a letter to the County Attorney for almost three hours at $185 an hour; doctors show up in court for $150 an hour; and he has some questions about that.

Commissioner Ellis stated although it seems like a lot of money, when it comes time to do anything that has to do with your bonds, if you try and go the cheap route like another city in the County, you

may find you are back in court for a couple hundred thousand dollars; and sometimes it pays to pay people that know what they are doing with the bond issues.

Commissioner Cook noted he does not know how to verify the firm's time; with Commissioner Scarborough responding that is why it is reviewed by the County Attorney.

County Attorney Scott Knox stated if the firm came up with an unreasonable number of hours put on a particular project, he would bring it to the Board's attention; and most of these things he has talked to Holland & Knight about and knows what it is working on.

Commissioner O'Brien stated Page 101 includes two flip phones at $325 each; he bought four flip phones for his company two years ago from Southern Bell at $113 each; he lost one phone and bought a replacement phone for $100 from Ecklers Communications; and the phones are the same.

Commissioner Cook noted he looked at this also; he wanted to find out if this is a special type of phone that the State Attorney's Office has; they may not be the same phones; but it would be interesting to know why the County is paying that amount of money for them, unless there are some special considerations of the phones it is not aware of. He noted the State Attorney's Office said due to time constraints, it was unable to wait for County Purchasing to process a material requisition and issue a County purchase order for the cellular phones; and therefore it issued a State order on March 9, 1995 and picked up the equipment the same day. Commissioner Cook stated there may have been an overriding reason they had to do it that day; and for audit purposes, it would seem it would be much easier to go through the process.

Chairman Higgs stated Mr. Jenkins can talk to the State Attorney about the flip phones.

Commissioner O'Brien stated Page 124 includes budget changes; generally, the Board has Budget Change Requests as separate items on the regular agenda; and inquired why are these transfers in the bill folder.

Budget Director Kathy Wall stated if it is a supplement or an amendment, it goes through the same budget process; and if it a line item transfer, it usually goes in the bill folder.

County Manager Tom Jenkins stated if the County is increasing or decreasing the total budget, then it is a special item; and if it is moving available funds from one account to another, then it is in the bill folder.

Commissioner Cook stated on advertising of the golf courses; Habitat Golf Course was one of them; the County is paying $2,660 at $35 a spot; someone called and offered $25 a spot; and requested the County Manager review this to make sure the County is getting the best deal it can get if it is going to buy advertisement.

Commissioner Ellis inquired does the County audit the use of its cellular phones and those bills. Mr. Jenkins responded every month there is an itemized bill; the employee signs the bottom where they

certify it was for County business; if any personal calls were made, which are discouraged, the individual reimburses for such calls; and the County relies on the honesty system of an employee certifying they were business calls. He noted he is not aware that the County does spot checks on phone numbers to determine if they are business calls or something else; and at the current time, it is relying on each employee.

Commissioner Ellis noted perhaps it would be possible to do an audit; the City of Titusville did it and turned up a number of long distance personal phone calls that were made; and the County may be able to do a spot check. Chairman Higgs suggested an audit that would take a random sample of phones per year.

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to approve the Bills and Budget Transfers, minus the pulled items. Motion carried and ordered unanimously.

DISCUSSION, RE: BUSINESS EDUCATION SUMMIT

Chairman Higgs advised the Private Industry Council is holding a business education summit on May 12, 1995; it indicated the importance of trained employees to the economic development effort and the Board sponsoring this summit with no cost, along with the Council; and she would like to write that up for the Council and bring it for the Board to review at its meeting tomorrow. She inquired is there any objection from the Board. There were no objections heard.

County Manager Tom Jenkins advised staff will provide the revised 1995 Board Meeting Schedule for consideration by the Board at its meeting tomorrow.

Upon motion and vote, the meeting adjourned at 2:12 p.m.

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

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