The Board of County Commissioners of Brevard County, Florida, met in regular session on March 14, 1995, at 5:05 p.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 Reverend Jan Senneker of the Chapel by the Sea in Melbourne Beach.

Commissioner Randy O'Brien led the assembly in the Pledge of Allegiance.

REPORT, RE: MEETING WITH CANAVERAL PORT AUTHORITY

County Attorney Scott Knox advised the Canaveral Port Authority has invited someone from the County to appear before its Board of Directors tomorrow for discussion of matters in which the County has expressed interest.

Commissioner Cook suggested Commissioner O'Brien attend. Commissioner O'Brien volunteered to attend.

ANNOUNCEMENT

Chairman Higgs advised of the ordinances to be heard this evening; and explained the procedure for addressing the Board.

PUBLIC HEARING, RE: ORDINANCE FOR ELECTRICAL TRANSMISSION LINES

Chairman Higgs called for the public hearing to consider an ordinance relating to electrical transmission lines.

Ralph Edmondson, 700 Universe Boulevard, Juno Beach, FP&L , stated he is Supervisor of the Transmission Line and Substation Siting and Permitting Group of the Power Delivery Business Unit. He advised FP&L has been serving the County for over 70 years, maintaining a system availability of 99.9%; and the level of service is due to a process overseen by the Public Service Commission, the Florida Department of Environmental Protection, the Florida Department of Transportation, and in some cases the courts.

Steven Pierce, 9240 W. Flagler Street, Miami, FP&L Senior Engineer in the Transmission Substation Planning Section, presented an overview of the planning process; and outlined the various planning departments. He stated FP&L is regulated by Florida Statute 366.03.; and explained the Statute. He advised of the need to meet the electrical demand. He described FP&L's planning process; and explained how project alternatives are evaluated to come up with a preferred alternative. He advised the final step is to recommend a preferred project to management which reviews the need for the project and weighs the cost to build the new line.

Daniel Hronec, 700 Universe Boulevard, Juno Beach, Senior Engineer in the Power Delivery Transmission and Substation Siting and Permitting Section of FP&L, explained the transmission line route selection process; and outlined the five categories. He delineated the guidelines for alternate routes, and the rules used in analyzing environmental effects. He noted all transmission line routes which are evaluated and the ultimate electrical configuration of the design comply with the State DEP rules. He advised of the long-range planning process; and the Florida Public Service Commission has statutory jurisdiction over electric utilities, and its rules require FP&L to provide electricity to its customers in a safe cost-effective manner. He stated all alternative routes are analyzed and costs developed for land surveying, land acquisition, permitting and mitigation, right-of-way preparation and line construction. He noted when a preferred alternative is selected, it must pass the eminent domain test.

Steve Henry, 700 Universe Boulevard, Juno Beach, Project Engineer with FP&L, explained how FP&L designs its transmission lines to conform to existing codes, rules, industry standards, guidelines and permitting agency requirements; and enumerated the steps involved.

Steve Dickinson, 240 Cadiz Court, Merritt Island, Area Manager for FP&L, expressed concern about an ordinance that adds additional regulation to an already heavily regulated process, and the jurisdictional aspects of the ordinance. He advised there are three outcomes: (1) determination of need, (2) determination of most appropriate route, and (3) determination of design of the line. He noted the outcomes that might be changed by additional regulation are the technical outcomes and the desired outcomes. He outlined the aspects which might cause change in outcomes if identified during review. He noted to identify the aspects, the County would have to hire an expert staff at least as competent as the FP&L corporate staff to review the process; and the existing process has significant reviews due to the high cost of the facilities, the scrutiny of customers and the possibility of the need for eminent domain. He expressed doubt that any changes would result from additional technical review, nor would the ordinance provide any extra significant technical protection that does not now exist. He explained how the County may desire to change the corridor or the design even though all three outcomes are technically proper. He advised of the consequences of the County desiring a corridor other than the one chosen by the site selection process. He noted the barriers are difficult to overcome; and all the responsibility for overcoming the barriers. He advised FP&L makes every attempt to comply with special requests as long as they do not come at the expense of the general customer base. He noted the most frequently requested desire is for underground lines; and FP&L is willing to place the lines underground with the County paying the additional cost. He requested the Board reject the proposed ordinance.

Bart Lipofsky, 1831 South Laurel Oak Drive, Rockledge, advised the considerations of FP&L are not the same as the public's considerations. He stated FP&L contends only six homes will be affected by the power lines by being within 100 feet; but within approximately 150 feet, there are twelve homes on the south side of Timbers West, a dozen or more homes along Green Road on the other side of the power lines, and six homes on Fiske Boulevard where the lines wrap around and go north. He noted underground lines would be a good alternative for this project for many reasons PUBLIC including aesthetics, safety, and fewer interruptions in service; and explained the reasons. He requested the Board adopt the ordinance so public interests can be examined in addition to the corporate interests of FP&L. He noted there is no requirement for dialogue with the public if the power lines are below 230 kilovolt level; public interests would be well served by a dialogue between local authorities, County authorities and FP&L especially in the planning stages; and if the ordinance was in place, that would be a flag that they need to come forward and show their plans earlier in the process. Mr. Lipofsky requested the ordinance include requirement for direct notification of all property owners along the proposed path. He expressed concerns about the electromagnetic fields generated by power lines; and noted it is not a question of the physical effects as much as the public's perception of these effects on property values. He requested the County assert itself to represent the interests of its residents to balance the self interest or FP&L.

Judy Lipofsky, 1831 Laurel Oak Drive South, Rockledge, noted it is not easy for many people to attend meetings scheduled at this hour; and there have been standing room only crowds at the Rockledge City Council meetings, so there is public concern and support for this issue. She submitted copies of petitions. She stated at this time no government agency has any control over the placement of the majority of power lines; the Public Service Commission concerns itself only if they exceed 230,000 volts which leaves FP&L free to put high voltage transmission lines and distribution lines wherever they like. She stated FP&L installs as cheaply as possible without regard to aesthetics, property values, or human health and safety. She expressed concerns about the consequences of such lines. She displayed a picture of one roadway in Miami after Hurricane Andrew; and advised of other problems. She stated if the line is allowed, her home and those of many of her neighbors will be within the fall distance of the line. She stated the question of why the City of Rockledge does not have such an ordinance came up at the first public hearing; and City Manager Jim McKnight advised with the new Charter government a County ordinance would cover all the cities within the County, and the City is attempting to gain some control of placement through its franchise agreement with FP&L and its land development plans. She noted many of the residents affected by power lines live outside the City limits; they need someone to look out for their interests; and she hopes the Board will take that responsibility.

Dan Johnson, 3219 South Atlantic Avenue, Cocoa Beach, advised of actions taken over the last few years to improve infrastructure; and stated they have worked hard to make a pro-business, pro-job environment in the County. He noted Tallahassee is helping now; Governor Chiles is talking about eliminating one half of the rules and regulations on businesses; and there is discussion about exempting electricity from sales tax when it is being used in the manufacturing process. He noted the federal government is discussing various actions. He advised of the outcome of the Economic Summit which was held last week. He requested the Board not adopt the ordinance.

Charles Moehle, 65 Country Club Road, Cocoa Beach, advised of his experiences with FP&L and other utilities; and stated FP&L needs some overview because it cares only about the cost and not about the health and welfare of the public. He recommended there be some overview of anything over 15 kilovolts; there has been a lot of study about electromagnetic fields; and the problem is the transmission lines are coming into areas which were unplanned for and come into too close contact for the health and welfare of the people. He requested regulation and accountability of FP&L or any other utility running transmission lines.

Commissioner Scarborough inquired if anything under 230 kilovolts has no PSC review; with County Attorney Scott Knox responding the DEP has jurisdiction over the siting of transmission line corridors and anything under 230 kilovolts does not require a DEP certification. Commissioner Scarborough inquired what is the range of voltage for the lines in question; with Mr. Knox advising the ordinance addresses any transmission line under 230 kilovolts and any transmission line which is exempt from certification under the State law which can include 230 kilovolts or more under certain circumstances. Commissioner Scarborough inquired about the voltage of the line that came from Rockledge; with Mr. Knox responding 138 kilovolts.

Commissioner Ellis inquired if Mr. Knox reviewed the Supreme Court decision relating to what happened in Lake Mary. Mr. Knox advised the Lake Mary Ordinance called for electric companies to place overhead lines underground when they relocated them in the right-of-way; and the Supreme Court ruled that since that involved a cost issue, it was within the jurisdiction of the Public Service Commission and was preempted by State law. Commissioner Ellis inquired what was the ruling on cost; with Mr. Knox responding there was no ruling on cost; they just did not have the authority to do it. Commissioner Ellis inquired if the County dictates that the line must be put underground, must the County pay the cost; with Mr. Knox responding the rules of the PSC seem to pass that cost on to the party benefitted. Mr. Knox advised the ordinance does not require that to be done, but offers that as an alternative. Commissioner Ellis noted in Lake Mary they are paying $1.3 million to put the line underground; and if the County dictates the line be moved or go underground, then the taxpayers will have to pay the difference. Mr. Knox advised the County does not have to dictate that under this ordinance; but it can deny a location permit so a different corridor must be found. Mr. Knox advised the Florida Statutes make it clear that the County exercising jurisdiction over its own rights-of-way and easements, which is what he recommends limiting the ordinance to, is clearly exempt from Chapter 366. He stated whatever power FP&L thinks it has to impose costs on the County when it comes to regulating its own rights-of-way does not exist. Commissioner Ellis inquired if there is additional cost for re-routing power lines, can that cost be assessed to the County. Mr. Knox responded FP&L's power comes from Chapter 366; and there is an exemption included in the Statute for municipalities and counties exercising their police power jurisdiction over their own rights-of-way and easements.

Commissioner Cook stated if it is over the County's right-of-way or easement, then that scenario would not come into play; and the Board is only talking about residential property. He stated the County is not compelling them to go underground; and suggested deleting underground from the ordinance because that is what the County is encouraging. He outlined the concerns with overhead transmission lines. He advised the ordinance is allowing a public hearing so effected property owners can come to the Board and it sets forth criteria for FP&L to be permitted. He stated this opens up the process.

Chairman Higgs inquired if the language that would be necessary to deal with right-of-way and easements in residential has been included in the draft; with Mr. Knox advising he needs to provide changes to address that problem. Mr. Knox described the desired changes. Chairman Higgs inquired if this is limited to residential; with Mr. Knox responding the ordinance requires the Board to consider any permit application which affects existing residential homes, and anything not affecting residential homes is just administrative approval.

There being no further comments or objections, motion was made by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Ordinance relating to permitting electrical transmission lines, with suggested changes from the County Attorney.

Commissioner Ellis advised he will not support the ordinance because it puts the County in the position of trying to site power lines. He explained his rationale.

Commissioner Scarborough advised of his experience in North Brevard with Florida Inland Navigation District's attempt to site a spoil site at the entrance to the Space Center. Commissioner Ellis inquired how many other counties get involved in siting issues. Commissioner Scarborough stated it would have been possible to stay out of the fill site for F.I.N.D., but if you care, you get involved. Commissioner Ellis inquired how many other counties, by Ordinance, are involved in the siting of power lines; with Commissioner Scarborough responding a quality community would want to be. Commissioner Cook stated just because another county has not done it has no impact on him; this is something that affects people; and it is something the Board has an obligation to look at. Commissioner Ellis advised the end result is going to be the power lines will be right where they were going to be.

Chairman Higgs advised she will support the Ordinance.

Mr. Knox inquired if the ordinance includes the amendments he suggested; with Chairman Higgs responding affirmatively.

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

The meeting recessed at 6:00 p.m. and reconvened at 6:13 p.m.

PUBLIC HEARING, RE: ORDINANCE FOR A1A AND OTHER SPECIAL SETBACKS

Chairman Higgs called for the public hearing to consider an ordinance relating to S.R. A1A and other special setbacks.

Ted Carey, 5585 S.R. A1A, Melbourne Beach, stated the South Beaches area is the only one not in compliance with the rest of the County; and the biggest concern is if they have to widen A1A. He advised of the measurements for his property; and requested the 47-foot setback be changed to 20 feet so he will have more land to build on. He described his property; and explained his problem in building a garage.

Patricia McCredie, 7835 S.R. A1A, Melbourne Beach, advised A1A has limited commercial and moderate density residential living areas; much money has been spent by the County to purchase parcels on A1A for sea turtles and scrub jays, and other environmental needs; and much has been done to discourage development. She stated the major road improvement that encouraged growth was the bridge over the Sebastian Inlet; prior to that improvement there was limited traffic and development; and four-laning A1A would jump start the traffic and development in the same way as would a new causeway to the mainland. She stated restricting A1A to a two-lane road enhances what the County wants to accomplish environmentally; and returning the rights-of-way to the property owners would increase the tax base while increasing right-of-way property management. She stated the traffic to Disney is truck traffic, and is increasing; the widening of S.R. 510 in Indian River County, and directing traffic on the mainland will divert this traffic away from the beach if only a two-lane road exists. She compared the area to Buena Vista; and requested the rights-of-way be returned to the property owners.

Donald Dowling, 105 Mohican Way, Melbourne Beach, stated there is enough land to four-lane the highway, even if the setbacks are returned; and that is the last thing he wants to see. He stated he has one lifeline off the barrier island, A1A; if this right-of-way is given up, and it is necessary to four-lane A1A, the County will have to buy back the land at triple the price because people will have to be paid for their improvements. He advised of his experience selling property to the State. He expressed concerns about giving up setbacks before putting in the road; and inquired if there is a four-lane highway, will there be swales. He noted there is a theory that keeping the road two lanes will keep traffic down; but people who want to go to Disney will go down A1A which is a scenic route. He expressed concerns about runoff. He advised of area attractions; and inquired how people will get by on two lanes. He inquired how anyone would cross the road if A1A was four-laned. He expressed concern that the bike path will be lost. He described the community; and advised there is no place for an alternative road. He stated he is against giving away the setbacks; and suggested anyone having a hardship apply for a variance.

Commissioner Ellis noted the County is not giving away land that it will have to buy back; and if the road is widened, the right-of-way has to be purchased regardless.

Bob Toppe, 321 Nikomas Way, Melbourne Beach, stated there are 200 properties in Sunnyland Beach; and they support leaving the existing setbacks as they are in order to maintain total flexibility for the future. He recounted a scenario in the year 2005 illustrating the difficulties that may occur. He agreed that no one wants four lanes; but noted the building will come. He stated if a good job of land management is done, the development will be primarily residential; but people will use A1A. He explained the problems with people owning property who will be unable to build because a road will be needed. He stated it is $1 million per mile to build a road; and swales, sidewalks, pedways and purchase of property which people will have improved will make it more expensive. He requested the Board leave the setbacks as they are today to protect the citizens, and make sure the road is in place before it reaches an emergency situation.

Dorothy Jackson, 382 Beverly Court, Melbourne Beach, stated the previous speakers have said everything she wanted to say. She advised of increased traffic with the Aquarina Golf Course and the Disney Complex at S.R. 510 and A1A. She stated if the County does not give up the setbacks, it will be less expensive for the County in the long run when A1A has to be four-laned. She described traffic problems on the South Beaches. She requested the Board vote no on this proposal.

Larry Bell, 150 Heron Drive, Melbourne Shores, President of Melbourne Shores Property Owners Association, stated the members of the Association and BIPPA oppose any change to the current setback requirements which have been on the books for twenty-seven years. He requested those who support what he is saying to stand; and a group stood in support. He stated the people have heard that Commissioner Ellis is spearheading a movement to eliminate the existing setback requirements, replacing them with standards requirements which are followed in the rest of the County. He recounted rumors he has heard; and advised one individual on A1A wants the requirements changed so he does not have to go before the Board of Adjustment to make his desires known and justify those desires. He inquired if the County is going to change the setback requirements based on the desires of one individual. He stated this is a subterfuge to allow developers to save money or develop unusable property; and if this is true, his community does not feel that it is the duty of local government to guarantee profits for developers or speculators. He advised of two memorandums he read; and the big question is why is there a need for a change. He requested an explanation of why there is a necessity to change the current setbacks. He advised changing the setbacks would have serious impacts; and described what would happen in Melbourne Shores. He expressed fear that one day that strip will be full of commercial property in the midst of the pristine area.

Commissioner Ellis stated the original item which started in July, 1994 was to reduce the rights-of-way by 30 feet on each side, leaving a 120-foot right-of-way which is greater than what is used by the County for many four-lane roads. He stated the commercial clusters were driven by the Comprehensive Plan; and while he did not vote for them, that is how it has been done through the Plan.

Susan Simoes, 5875 Riverside Drive, Melbourne Shores, stated she was present two weeks ago in hopes the Board would honor the Comprehensive Plan in not allowing the Surfcaster Motel an extensive expansion; and the Board voted against the expansion. She stated there is no need to remove the special setbacks from residential and commercial properties on A1A; and advised of the meaning of "progress." She stated her children ride bicycles on A1A; and expressed concern about the proposal.

Peter Crummey, 380 Riggs Avenue, Melbourne Beach, representing BIPPA, explained his military background; and advised the first time we do something, we never do it right, but by the third or fourth time, we do it really well. He stated in the future, everything will be tried through the press and television, which will control almost all public opinion; and advised of the great disaster which will eventually come which will leave no choice but to build the four-lane highway. He advised of difficulties in getting everyone off the beach in case of a disaster, even with a four-lane highway. He noted he was advised by the Police Chief that he only has one vehicle which can circumvent to get around something blocking the road; and he is concerned because he knows four-laning has to come and will be expensive. He expressed concern that the four-laning will only occur after a hurricane, and that it will be done fast and wrong. He advised of his concern about the loss bike paths and the loss of wildlife if A1A is four-laned.

Roy Puckett, 3204 Riverwinds Court, Melbourne Beach, stated his subdivision represents 375 units with 900 people; and there are 5,000 residents on the South Beaches. He requested the plans not be pulled apart. He stated with the Planning and Zoning Board and the Board of Adjustment, these requests should work through the normal process; and the people should not have to come to the Board once or twice a month to defend each item. He opposed giving up any setbacks or any rezoning beyond the 15%; and the people want to work together to allow the plans to work their way through.

Bernard Monaghan, 205 River Walk Drive, Melbourne Beach, stated his only comment is "ditto, ditto, ditto." He stated what would make him happy is to hear the Board oppose the ordinance.

Brigadier General W. S. Hollis, U.S. Army Infantry Retired, 3035 A1A, Melbourne Beach, representing BIPPA, stated the ordinance proposed by Commissioner Ellis involves three different concepts, the setback, the coastal construction control line, and access points to A1A. He stated the ordinance abolishes the coastal construction control line, which while it was made by the State, is a County permitted and enforced line. He noted there was a new coastal construction control line in 1986; but the County does not use that. He advised the ordinance would allow people to build their houses on top of the initial primary dune facing the ocean; and expressed concerns about erosion of the dunes. He noted the Florida Statutes provide that the purpose of restricted access is to control proliferation of access points, protect the public safety, and reduce personal injury, property damage and traffic accidents. He stated the State of Florida has a goal of lowering the highway death rate; and the County's Comprehensive Plan echoes that. He stated there are thirteen conflict points which are killing points where vehicles come together; and if that many access points are allowed every 40 feet, then it will be a killing zone. He stated there are those who are concerned about jobs; and enumerated the amount of property left in the South Beaches. He outlined the tourist attractions in the area including the Archie Carr Refuge; and noted the public of the County has twice voted to tax themselves to get money to buy land on the 15-mile strip of the South Beaches. He stated jobs for tourism outweigh any jobs on building the vacant property in the South Beaches. He noted people have had zoning for 31 years, but have done nothing with the property; and the law is if you do not use it, you lose it. He requested the Board defeat the ordinance and retain the existing law.

Commissioner Ellis read aloud the original agenda item of July 19, 1994; stated concerns have been expressed about A1A; and while he understands the concern about the four-laning, he does not understand what General Hollis brought up because it has nothing to do with the setback on A1A. He noted BIPPA was a driving force behind putting the commercial cluster in the Melbourne Shores area and the administrative downzonings elsewhere on the beaches. He advised he did not support the cluster there; it was a Comprehensive Plan issue; BIPPA worked to have the clusters; that was the position that was selected; and BIPPA did not speak in opposition to that selection. He advised the coastal construction line and the dunes was never an issue; and the issue has always been the setbacks.

General Hollis stated when the setback is reduced and people build in the setback area, it will be necessary, when it is time to four-lane, to go into the public treasury and spend taxpayer dollars to buy back what the County already had. Commissioner Ellis noted that is not correct. Discussion ensued. Commissioner Ellis inquired if General Hollis agrees the property has to be paid for regardless. General Hollis responded that is a quasi-easement when the setbacks are brought back and in and reduced; and then when there is a need to four-lane, and a need to buy right-of-way, then the Board will have to use the public treasury to do that. Commissioner Ellis inquired if General Hollis is saying under the current ordinance, the County would not have to buy right-of-way; with General Hollis responding the footnote advises it will be unprecedented in the history of County to reduce the special setbacks before the road is built. Commissioner Ellis reiterated his previous question; with General Hollis responding he does not know because the right-of-way varies throughout the beach; the lowest point is 54 feet; and that is a violation of County law which requires 66 feet as the minimum on an inland street. General Hollis advise it is 180-feet right-of-way on a limited access highway; and the County designates A1A as a limited access highway. Commissioner Ellis stated any time a setback area is used for right-of-way, the property owner has to be compensated.

Chairman Higgs stated if there are buildings or other structures in the right-of-way, it increases the cost that will be paid for the right-of-way. Commissioner Ellis advised the setback is not a de facto right-of-way; the right-of-way has to be purchased from the property owner; and the Board is not giving away County property.

Edward Fleis, 1090 A1A, Satellite Beach, noted he does not represent any group or other individual, but he is speaking as a professional engineer and resident. He advised of his involvement in the South Beaches since 1980 as a professional engineer, and the history of the area in terms of density. He advised of the special corridor setbacks on A1A. He noted the transportation study done in 1981 projected roadway requirements at six to eight lanes; but since then a succession of downzonings have taken place, and all of the undeveloped property is zoned at one unit per acre. He stated in 1985, the County established a coastal construction setback line twenty-five feet landward of the 1981 State Coastal Setback Line; and this is the line of prohibition of development in the South Beaches. He noted with the recent downzoning, the special setbacks are not required to accommodate the projected volume of traffic based on buildout; and since it takes six to ten years to improve major roads, the County needs to plan and program improvements based on buildout of present zoning. He stated if the special setbacks are needed for expansion of the highway to six or seven lanes, they should stay in place; but if they are not, they should be repealed as they are an unfair hardship to the property owners. He advised of the rights-of-way on A1A north of Highway 192; and in the South Beaches there are also zoning setbacks. He recommended the special setbacks be eliminated and a minimum building setback of 75 feet east and west of the center line of A1A be imposed; and stated this will allow for a highway corridor of 150 feet. He stated if the special highway setbacks are kept in place, another County Board may consider increasing the density in the South Beaches since the corridor is available for the expansion of the roadway system.

Sybil Wilensky, 122 Pelican Drive, Melbourne Beach, stated the point has been made as to future expansion from two to four lanes, and the need to retain the present setbacks. She advised of the situation in her neighborhood; and stated if the setback is eliminated and more space is given for commercial development, there will be larger buildings on those properties which will bring more traffic into an already congested area. She advised the Comprehensive Plan granted the commercial development cluster in Melbourne Shores; but at that point, it was viewing the size of those potential buildings with the setback; and this would increase them. She requested the Board stay with what was planned in the Comprehensive Plan, and consider the needs of all those in the South Beaches.

Norma Savell, 3500 South Courtenay Parkway, Merritt Island, advised at the last election the voters attempted to blow burdensome restrictions and regulations away along with unresponsive officials. She noted she has no personal involvement with the affected properties; the pseudo-environmental reasons for taking the use of private property is recognized more and more for what they really are; and inquired why Americans want to steal freedoms from other Americans. She requested the Board do the right thing by rolling back binding regulations and unfair fees.

Commissioner Cook advised the setback has been in place for twenty-seven years; and with the growth in the County, it would not be proper to give us a setback. He advised of the consequences of giving up the setback if the road has to be widened.

Commissioner Ellis advised of other roads in the County which are four-lanes with sidewalks, ditches and 100-foot right-of-way; the original proposal would have reduced by 30 feet on each side which would have left 120 feet of right-of-way which is more than adequate for a four-lane road. He noted this is the first time BIPPA ever argued for four-laning A1A. He noted 180 feet is far more than needed for a four-lane road; and if setbacks are at 120 feet, the County will not have to buy any structures because the road can be fit into 100 feet. He stated the Board is not giving away County land; the land is owned by the property owner; and if there was a wider right-of-way than 120 feet and someone had built into that area, the County would have to buy the structure. He noted just because something has been on the books for twenty-seven years does not necessarily make it right. He inquired if 180 feet is the necessary width for a four-lane road; and if not, has the County imposed an undue burden on the people along the route.

Commissioner Cook advised the County is requiring 200-foot dedications as a rule of thumb. Commissioner Ellis noted much of Wickham Road is 100 feet that is being done; the point is to use the full width of the setback, the County has to pay for all of that; and inquired if the County is going to buy that much right-of-way. Engineering Director Susan Hann stated the more right-of-way there is, the more options there are for design of the roadway and any improvements that are necessary; but the County rarely acquires right-of-way for major arterial roads at this time. She noted the ones the County has done such as Malabar, Wickham, etc. have been in the 115-foot to 150-foot range; but the ordinance may have a 200-foot requirement for new major arterials. Commissioner Cook inquired if the additional setback for A1A is not necessary; with Ms. Hann responding a four-lane roadway can be constructed in less right-of-way. Commissioner Cook inquired if giving up the right-of-way will not have an impact on the four-laning of this roadway; with Ms. Hann responding it is difficult to project what the requirements will be fifteen or twenty years from now; but given the current design requirements, a four-lane facility can be constructed in less than 180 feet.

Chairman Higgs inquired if the ordinance requires 200 feet on a new arterial; with Ms. Hann responding there is a reference in the Subdivision Ordinance to something on that order. Commissioner Ellis stated this is not a new arterial. Chairman Higgs noted the principle of what should be preserved is what is being discussed; and she would not advocate four-laning of A1A; however she recognizes at some point some improvements to the highway will need to be made. She advised of the need to preserve the most options; and stated the most costly way to look into the future would be to buy structures in the setbacks, so she cannot support abolishment of the special setbacks.

Commissioner Scarborough stated the question should be if A1A was done correctly anticipating future changes, what would the Board want to see, and whether there are unique characteristics to A1A which would allow for greater latitude in planning. He stated there appear to be reasons to keep the status quo; and while the County is going to have to pay regardless, once development occurs, the price will increase. He advised of the compounding problem of people relying on the County, and even though they are compensated, it is disruptive to give one signal and then changing. He stated this has been there for twenty-seven years; and there is no compelling reason at this time to change. Motion by Commissioner Scarborough, seconded by Commissioner Cook, to deny adoption of Ordinance for A1A and other special setbacks.

Commissioner Ellis stated there are three roads the County is working on now, Dairy, Malabar and Minton; the County has purchased right-of-way for all those roads; and inquired if the County is purchasing 180-foot corridors; with Ms. Hann responding no. Commissioner Ellis advised it is not the County's intent to buy the 180 feet because it would be cost prohibitive; and people are being denied the use of property which the County does not intend to buy.

Commissioner Cook inquired what is the setback between the Government Center and the Justice Center; with Ms. Hann responding she does not know. Commissioner Cook stated he hopes the County is getting 200 feet setback whenever it can because it will be essential for the future.

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

The meeting recessed at 7:24 p.m. and reconvened at 7:40 p.m.

PUBLIC HEARING, RE: ORDINANCE REGULATING CANOPIES OVER GAS PUMPS

Chairman Higgs called for the public hearing to consider an ordinance regulating canopies over gas pumps.

Motion by Commissioner O'Brien, seconded for discussion by Commissioner Cook, to adopt Ordinance regulating canopies over gas pumps.

Micah Savell, 3500 South Courtenay Parkway, Merritt Island, stated he would like to have more information on the proposed ordinance. Chairman Higgs requested staff provide Mr. Savell with a copy of the proposed ordinance.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to continue the public hearing to the end of the agenda. Motion carried and ordered unanimously.

Commissioner Cook requested staff check on the right-of-way between the Government Center and the Justice Center; and stated if more right-of-way is needed, now is the time to discuss it.

PERSONAL APPEARANCE - GREATER WEST MELBOURNE ATHLETIC ASSOCIATION REPRESENTATIVE, RE: COMMENDATION RESOLUTION

Commissioner Ellis read aloud a Resolution commending the Greater West Melbourne Athletic Association; and presented the Resolution to Mr. Kingery and Mr. LaPointe. He thanked Mr. Kingery and Mr. LaPointe for their tireless dedication to the development of Rodes Park. (Resolution adopted later in the meeting.)

PERSONAL APPEARANCE - FRANK CUTRONA, RE: PARA-TRANSIT SERVICE BY SCAT

Frank Cutrona, 261 Anthony Avenue, Palm Bay, noted he is visually impaired; and he and many other disabled persons depend on services from Space Coast Area Transit. Mr. Cutrona outlined difficulties he has experienced with the SCAT system. He requested the Board investigate the SCAT service to see if it can be improved. He advised of problems with dispatchers. He noted the rumor is that Commissioner Ellis wants to abolish the para-transit system; and he hopes that does not happen as many disabled persons depend on the system to get around. He noted Mr. Lusk advises the Board is considering eligibility requirements to make the system work better. He requested the Board look into the problems with the SCAT system.

Commissioner Ellis advised he has been discussing the fixed route system because the County is spending a fortune running empty busses; and the issue with the para-transit system has been the definition of transportation disadvantaged. He noted the County has no eligibility requirements; the system is used by those who do not need to use it; and if someone is physically healthy enough to ride a bicycle or walk, they do not need to use the transportation system that is there for para-transit. He emphasized the need for eligibility requirements.

Commissioner Cook requested the County Manager investigate this problem to see if there is a way to accommodate Mr. Cutrona. He advised it is inappropriate for department heads to voice their opinions about funding to residents.

Commissioner Ellis stated if the eligibility requirements are tightened up, there would be more rides available for people who have to use the system.

Transit Services Director Don Lusk noted when he speaks to citizens about funding, he is making the point that if there was $1 billion dollars, all of the para-transit needs would not be met at the level of service that people desire, which is taxicab level service. He noted since SCAT took over the system from Coastal, there have been improvements; and enumerated the improvements.

Commissioner Cook advised when someone complains, those in government should not be defensive, but should try and correct the situation, dealing with people as if they were customers in a retail outlet.

Commissioner O'Brien advised he agrees with Commissioner Ellis regarding the eligibility requirements. He advised of his and his mother's experience with para-transit; and noted some handicaps are not visible to the eye.

Commissioner Ellis stated transportation disadvantaged just means you do not have a car; and the definition needs to be tightened up.

Chairman Higgs directed the County Manager to provide the Board with a discussion of the issues of the qualifying of potential recipients. Mr. Lusk advised the Board has requested that previously; a workshop is scheduled in April, 1995 with the Local Coordinating Board; and recommendations will come to the Board in May, 1995. He noted staff has been invited to participate in the April 25, 1995 workshop on transportation; and that is an opportune time to discuss these subjects.

Commissioner O'Brien inquired if it would be reasonable to have someone who wants to use the system present a doctor's certification. Commissioner Ellis stated only so much money can be put into the system; and it is incumbent on the Local Coordinating Board to decide where the rules should be tightened. Commissioner O'Brien advised he does not want to see the system abused. Commissioner Ellis noted when it is abused, people who need the service cannot use the service. Chairman Higgs advised Mr. Cutrona will be advised of the information the Board gets.

PERSONAL APPEARANCE - LAYNE FLETCHER, RE: REQUEST FOR WAIVER/REDUCTION OF CODE ENFORCEMENT LIEN

Layne Fletcher, 7240 North Cocoa Boulevard, Cocoa, stated her father, J. J. Ralston, lived at 336 Barton Street in Mims; he died last year; and there is a lien on his property. She noted he was eccentric; he collected many items over his six-year retirement period; and there was no way she could do anything with his treasures until he was gone; but as of December 10, 1994, the house has been straightened up and the problem resolved. She noted her father did not allow the problem to exist out of any disrespect for the law; and requested the lien against his property be waived. She explained her mother has Alzheimer's, requires total care, and has little income.

Commissioner Cook advised the recommendation is to reduce the fine to $538.50.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to reduce the fine for Code Enforcement Lien on property at 336 Barton Street in Mims to $538.50; and authorize release of Code Enforcement Lien upon payment of the fine.

Commissioner O'Brien advised while he is sorry for Ms. Fletcher, the system is being corrupted by what the Board is doing; and suggested an appeal process. He expressed concern that the Board is only hearing one side of the issue, and is providing relief for some but not for others. He stated this is the job of the Code Enforcement Board; and inquired why Ms. Fletcher cannot appeal to the Code Enforcement Board which will make a recommendation to the Commission.

Chairman Higgs inquired who made the recommendation to reduce the fine to $538.50; with Assistant County Manager for Environmental Services Steve Peffer responding the recommendation of staff was to reduce the fine to no less than the costs involved. Mr. Peffer advised there is no fine involved in the amount Commissioner Cook recommended; and it is only the costs. He noted he is in agreement with Commissioner O'Brien; and it is his preference that a way be found that the Code Board would be able to hear these cases and bring recommendations back; but in working with the County Attorney's Office, he is advised once the lien is recorded, only the Board of County Commissioners can take action to remove the lien. He stated a policy is evolving which he will bring to the Board at the next meeting to streamline the process. County Attorney Scott Knox advised the Statute requires the Board to release the liens; but staff is working on a procedure to eliminate these kinds of problems. Chairman Higgs stated there is no reason it could not go back to the Code Enforcement Board for a recommendation rather than the Commission sitting in appeals.

Commissioner Scarborough agreed with Commissioner O'Brien; and explained his rationale. He stated he is prepared to proceed with the item tonight because staff has made a recommendation, and the applicant is here.

Mr. Peffer recommended the motion include authorization for the Code Enforcement Board secretary to execute the necessary documents so this does not have to come back to the Board for satisfaction of the lien. Commissioner Cook stated that is part of the motion.

Chairman Higgs stated she will not support the recommendation; this action will not be consistent with previous action; and she would support a motion to send this to the Code Enforcement Board for its recommendation prior to the Commission taking action.

Commissioner Cook stated he will go along with the motion that will follow to go back to the Code Enforcement Board for a recommendation and come back to the Commission; but he does not see why the Board should punish Ms. Fletcher because she had no control over whether it went to the Code Enforcement Board. Commissioner Ellis stated Ms. Fletcher is here because this is where she was told to come.

Chairman Higgs stated the staff directed Ms. Fletcher properly that this was her only avenue; however the Board should send it back to the Code Enforcement Board for a recommendation.

Commissioner O'Brien noted this is a hardship case; but the property is not for sale, so postponing would not create an additional hardship. Commissioner Ellis stated Ms. Fletcher has been here for three hours; staff recommended she come to the Board for this; and the Board has an obligation to take action tonight.

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

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to direct that all future requests for waiver of lien that come before the Board of County Commissioners include a recommendation from the Code Enforcement Board.

Commissioner O'Brien stated he wants to be sure that staff does not use this as a whipping tool on citizens. Chairman Higgs advised staff is working on other processes; and in the interim, this will work.

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

Micah Savell, 3500 South Courtenay Parkway, Merritt Island, stated he has no major problems with the request to move the setbacks from fifteen to twenty feet; and in 85 to 90% of the cases, it will work no hardship on any property owner. He requested the Board make a provision that the staff can administratively deal with special needs or hardships; and provided an example of a hardship situation.

Chairman Higgs recommended the Board continue the item to a subsequent public hearing to allow staff to look at that option.

Commissioner O'Brien suggested the language could be that the ordinance could be acted upon administratively if there are special needs. Planning and Zoning Director Peggy Busacca stated the Board requested information from Public Safety; Chief Taggert advises there is a minimum ten-foot setback from property lines for gas pumps; and the Board may want to use that as the minimum standard. Commissioner O'Brien stated that changes the whole ordinance. Commissioner O'Brien noted if the Fire Chief is saying it, he knows what he is talking about.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to continue the public hearing to consider ordinance regulating canopies over gas pumps to April 11, 1995. Motion carried and ordered unanimously.

DISCUSSION, RE: PURCHASE OF PROPERTY FOR STONE COMMUNITY LIBRARY

Mayor Joe Morgan, 580 South Brevard Avenue, Cocoa Beach, requested the Board's continued support of the County library system. He advised of Cocoa Beach's continued interest and contributions to the new Cocoa Beach Library; and urged the Board to continue support of all the new proposed libraries.

Commissioner Ellis advised he intends to bring the issue of the libraries back to the Board in April, 1995; and explained the problems in setting a millage which is almost to the cap. He noted it does not do much good to have new libraries and no money to keep them open; and it is a mistake to do seven or eight projects in parallel in a two-year period rather than spacing the projects out, starting a second project upon successful completion of the first, etc. He stated if the County does all the projects at once and has cost overruns, the problem will be magnified because there are not enough people to keep an eye on all the projects at the same time; and if enough of the projects come in over budget, operating funds and book money will have to cover the overruns. Chairman Higgs inquired if Commissioner Ellis supports the library projects, but not done all at once. Commissioner Ellis responded he does not support buying $1.5 million in furniture for the libraries or doing them all at once. He stated the Board needs to reassess its long-term libraries; and inquired if the millage cap is being approached in 1996, what will be done in 1997, 1998 and 1999. He recommended the Board take a serious look at the budgeting for the libraries over the next five years. Chairman Higgs inquired if Commissioner Ellis is proposing not to do some of the libraries at all; with Commissioner Ellis responding the Board should first assess what money is available, and it may not do some of the libraries. Commissioner Ellis stated it is irresponsible to promise everyone new libraries, bump up into the one mill cap, and not be able to keep them open; and it is more important to be a service-oriented facility with operating hours. Commissioner Cook stated he would be happy to look at the information; but tonight the Board is going to deal with the Stone Library. Commissioner Ellis agreed; but noted there is $1.6 million in the budget for furniture; and inquired if it is better to put the money into furniture or into books. Commissioner Ellis stated he will be bringing this back in April, 1995. Discussion ensued on when the item will come back to the Board. Commissioner O'Brien questioned the agenda for evening meetings, noting the purpose of the evening meeting was for all commendations and items of public interest.

Eugene Patterson, 2618 Watkins Drive, Melbourne, member of the Melbourne Library Board, advised of community support for the library; and stated this has been going on for some time, and it is a shame to come to this point and have to take a new look. He advised there will be construction increases if this is not done now; and recommended the Board weigh all the factors. He expressed concern about problems with other libraries. He stated the people want a library at Stone and at Eau Gallie.

Commissioner Ellis stated the one mill cap will not go up; and if all the money is tied up in buildings, it will not be possible to run the libraries. He noted Stone Library was one of the original projects that started this a year ago before this started mushrooming. Mr. Patterson inquired why the Library Board did not factor this into all the figures. Commissioner Ellis responded that should have been done but was not.

Lisa Scheuplein, 468 Dempsey Drive, Cocoa Beach, described the history of the Cocoa Beach Library; advised of the community support; and stated the people want the library.

Commissioner Cook recommended the discussion be restricted to Stone Library.

John Olyslager, 769 East Oriole Circle, Barefoot Bay, advised of efforts seven or eight years ago to get a library. He noted they have the smallest library in the County; they put $60,000 into the library; and advised of the square footage program. He noted they are collecting funds; the goal is $75,000; and they already have $10,000. He inquired what will happen if Commissioner Ellis is correct; they are at the bottom of the list; and while they are the smallest library, with the smallest staff, they have the largest group of volunteers in the County. He invited the Board to visit the South Mainland Library. He stated the Board made a contract with the community last year; people have acted on that contract; and inquired how they can turn back the $10,000. He expressed displeasure that the Brevard County newspapers do not provide the news. He stated the problem with the Stone Library almost ten years ago has continued to exist; closing a library is bad; having a library on school property creates problems; and the Stone Library community should be given the highest consideration for their wishes.

Keith Chandler, 3496 Sparrow Court, Melbourne, Chief of Police of the City of Melbourne, expressed support for a library at University Boulevard and Lipscomb Street. He advised of problems that existed at that location when he first came to Melbourne, and strategies that have been used to improve the location. He provided statistics showing how the level of crime has been reduced from 22% to 6% of the Citywide total. He noted the police department and community leaders cannot solve problems alone if the root causes of the problems continue to exist. He advised if the plaza is razed and property is enhanced by the purchase of the property to build a library, that will create a benefit for the abutting properties; and it will enhance the ability of people to work and live in an environment that will be superior than they have to date, even with the success over the last five years. He recommended the property at University Boulevard and Lipscomb Street be razed and something viable for the community, such as a library, be built there. He expressed support for the library, and pledged the commitment of the Melbourne Police Department to work with the County to make sure that environment continues to enhance, even if it means putting officers into the plaza in a mini-station.

Leonard Ross, 448 Coach Road, Satellite Beach, President of the Police Community Relations Council, President of the Martin Luther King Coalition, and Coordinator for the Elimination of Illegal Drugs in South Melbourne, advised of the history of the community in organizing to reduce crime in the area by 29%. He stated a year ago the community came to the Board for support for the efforts to eliminate drugs; and the desire is to move the Stone Community Library to the corner of University Boulevard and Lipscomb Street. He advised the businesses in the area are of no benefit to the community; and requested the Board purchase the property at the corner of University Boulevard and Lipscomb Street with the present tenants, and start the library project.

Carl Scheuplein, 468 Dempsey Drive, Cocoa Beach, advised commitments have been made in Cocoa Beach; the Board has made commitments; and he wants to be sure this will follow through. Jim Soderlund, 1850-C Orleans Drive, Melbourne, owner of Briarwood Apartments, advised he weighed the pros and cons of moving the library to another location. He described his business; and advised no one wants to live next to the plaza where drug dealers hang out. He advised of drug activities at Simmons Plaza involving children; and stated everyone in the area would like the Board to purchase that property. He stated the Melbourne Police Department has experienced dramatic results in cleaning up the area, particularly in the last two months; but the reputation remains. He outlined the benefits of relocating the library to Simmons Plaza. He stated the only thing that would hinder the library traffic, parents wanting their children to attend Stone Junior High, people wanting to do business in the area, and people wanting to live in the area would be to let Simmons Plaza stand as is, and build the library somewhere else. He stated he cannot see why the County would not purchase that property because the majority of the community wants the library at that plaza; and the Board should do what it takes to satisfy the citizens of South Melbourne.

Harold Crawford, 100 Yacht Haven Drive, Cocoa Beach, member of the Cocoa Beach Library Board, stated they have been given a month to hone their arguments in favor of the Board meeting its commitment to construction; and he will be back next month.

Nina Belle Fritz, 632 Bermuda Road, Cocoa Beach, President of the Friends of the Library, advised of the membership and circulation of the Cocoa Beach Library; and stated the biggest problem is parking. She advised of the unified support of the community for the library. She noted the Friends of the Library desire an even larger library than the County can provide; and since September 1, 1994, the group has put $91,000 in the bank and has another $30,000 pledged. She requested the Board release the libraries on time so they can keep to their time schedule.

Gloria Battle, 2252 Flower Tree Circle, Melbourne, President of the Friends of Stone Community Library, advised they are in favor of purchasing the property at University Boulevard and Lipscomb Street for a new library. She advised Stone Library, which is shared with the school, is smaller than that of Barefoot Bay, and it has the lowest amount of staff. She expressed full support for the University Boulevard and Lipscomb Street site. She stated the main concern is not to put the library at that site to eliminate the drug problem and the eyesore; and the concern is to help in the education of the low income children of the area. She described the advantages of a new library. She requested the remainder of her time be spent in silence.

Arthur Lamar, 1337C Cheney Highway, Titusville, Vice Chairman of the County Library Board, advised there has been agitation among the users of the library that the Board is going to consider changing the construction program; and he hopes that will not be done. He noted there are problems with the tenants of Simmons Plaza; and recommended the Board buy the property and then build the library when the tenants can be removed.

Carl Finerson, 1677 Dodge Circle North, Melbourne, described a scenario if the library was not located at Lipscomb Street and University Boulevard. He stated the Simmons Plaza location is the ideal spot for visibility; and this would clean up the area. He stated he moved to the area in 1971; and outlined efforts taken to combat drugs and crime in South Melbourne. He stated they have reduced drugs and crime in South Melbourne; they have done their part; they are serious about the community; and implored the Board to purchase the Simmons Plaza as is. He advised of community support for the location at University Boulevard and Lipscomb Street; and requested the Board give the issue its utmost consideration.

Cleave Frink, 3215 South Redwood Lane, Melbourne, advised of action taken by the churches and then the men of the community to alleviate the drug and crime problems at Simmons Plaza. He stated the community is there on Friday nights; they cannot do this forever; and the library is needed. He stated if everything cannot be done now, at least the County should get the land; and the County can work with the community to get this done. He stated everyone knows the history of the corner; and no one has had a better idea than the library. He stated every year they attend the National Crime Seminar, and bring this problem up; and everyone suggests they do something innovative. He stated the people are out every Friday night to run drug dealers from the Plaza; there is a need; and he would like the Board to shine on this problem.

Brigadier General W. S. Hollis, U.S. Army Infantry Retired, 3035 A1A, Melbourne Beach, stated he heard that the library program is threatened; BIPPA's interests are not limited to the barrier island, but rather for the good of the community; and threatening the library program is shaking a resource that is unquestionable. He advised of his personal history; and stated the library is a great resource to the human mind. He stated he supports everything that has been said; and people who get their education other than in formal education are recipients of the service of the library. He stated he is a customer of the library and gets books from libraries all over the County; and his community in Melbourne Beach encourages the Board to find a way to support the library. He expressed intent to donate books and funds to the Stone Library.

Chairman Higgs passed the gavel to Vice Chairman Ellis.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to direct staff to enter into a contract for purchase of property at Lipscomb Street and University Boulevard for the Stone Community Library, with the City of Melbourne agreeing to place a police sub-station in the Plaza until construction on the library begins, and with the County continuing to collect rent from the tenants for the remaining period of the leases.

Commissioner Ellis advised when this issue began two years ago, the original money was to buy property for Stone, Meadowlane and Cocoa Beach Libraries.

Commissioner Cook inquired if this property is being purchased at the appraised value; with Assistant County Manager Joan Madden responding there is not a contract on this as yet; and it will need to be negotiated. She noted the original contract was under appraised value. Commissioner Cook inquired does staff know how much the County will be paying for the property; with Library Services Director Kathryn Stewart responding the original contract when it came before the Board was for $225,000. Commissioner Cook inquired will that be the purchase price; with Ms. Madden responding yes. Commissioner Cook inquired how long are the leases; with Commissioner Higgs responding the longest one is to June, 1998. Ms. Madden clarified one expires in June of 1998 and the other is December, 1998. Commissioner Cook inquired if this property could be purchased free and clear if the tenants were not there; with Ms. Madden responding affirmatively. Commissioner Cook inquired if there are cost estimates for demolishing the building; with Commissioner Higgs responding it will be cheap to take it down. Ms. Stewart advised there were estimates of $14,000 to $16,000 and that would include any asbestos that needed to be hauled away. Commissioner O'Brien inquired if it is good or bad asbestos. Ms. Stewart noted up to $250,000 was originally set aside for this building; so it is within that limit. Commissioner Cook inquired about Satellite Beach and DeGroodt Libraries; with Ms. Stewart responding that was the remaining part of the Links bond money; and it was saved by purchasing less equipment and coming in under budget for construction. Commissioner Cook inquired if the County Attorney sees any problem with the County becoming a landlord; with Mr. Knox responding it is done elsewhere and is no problem. Commissioner Ellis speculated on what will happen when there is a police presence. Commissioner Cook stated since this was a prior Board action and commitments have been made, he will support this.

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

Vice Chairman Ellis passed the gavel to Chairman Higgs.

The meeting recessed at 9:22 p.m. and reconvened at 9:40 p.m.

*Commissioner Scarborough's absence was noted at this time.

STAFF REPORT AND PERMISSION TO BID, RE: SCAT 1994-95 VEHICLE ACQUISITION FOR VANPOOL PROGRAM

Commissioner Ellis stated there are 87 vans; 17 to 20 of them log less than 1,000 miles per month; 11 vans are leased to out-of-County residents; and there is no accountability for ridership, although that is being addressed. He expressed concern that the vans are removed from service too early; and inquired why the drivers pay VPSI $400 a month for maintenance and insurance when the vans have a 50,000 mile warranty.

*Commissioner Scarborough's presence was noted at this time.

Chairman Higgs inquired about the vans that are leased to out-of-County people. Transit Services Director Don Lusk advised there are eleven vans leased to out-of-County residents; since the program began, there has never been a stipulation that would have prevented leasing the vans to out-of-County residents; and the money for the program comes from the state and federal government, with local funds to bring the matches in. He stated the philosophy is this is a mobility program which does not necessarily stop at the County line. Chairman Higgs inquired if the vans are used in Brevard County; with Mr. Lusk responding the vans originate in Seminole County, Orange County, etc. and go to Canaveral Air Force Station or the Space Center. Chairman Higgs inquired about vans which log less than 1,000 miles per month; with Mr. Lusk responding some of the vans that are not used to a great degree are vans that are in the arena of human services; there is criteria that agency vans have to run 2,000 passenger miles per month or have 200 passengers; and a lot of the agencies with low miles are meeting the criteria. Commissioner Ellis stated the Pacesetters have a new van and only log 340 miles per month. Mr. Lusk advised of the monitoring by VPSI. Commissioner Ellis suggested reallocation based on usage.

Chairman Higgs inquired if it is not Commissioner Ellis' intention to abolish the program, but to suggest changes. Commissioner Ellis stated it is not his intent to abolish the program; however he does not want to pay to buy more vans to go to other counties. Chairman Higgs advised of the concern of the people. Commissioner Cook suggested Commissioner Ellis make a motion to correct those areas which need correction; and advised the Board does not intend to abolish the program. Commissioner Ellis advised the original agenda item was to expand the program.

Mr. Lusk advised the original request was to replace vans and to expand by eight vans; VPSI was hired through a RFP process to manage the County's program; and he will be happy to provide new direction to VPSI in terms of how to manage the program if the Board desires; but the Board needs to understand the program in total, and then go from there.

Commissioner Cook expressed concern that issues like this get blown out of proportion. Chairman Higgs suggested the Commissioners could clarify their concerns. Commissioner Ellis noted discussion was stopped so this could be put on the agenda for a later meeting.

Rick Conner, 764 Fernandina Street Northwest, Palm Bay, stated he is a vanpool operator, owner and driver; and advised of his experience with the vanpool. He noted he is in line for a replacement van as his has 103,000 miles; and explained why it should be replaced at the 100,000 mile mark. He stated with his eleven passengers, he takes eight cars and one motorcycle off the road. He described problems with parking. He requested the Board allow the program to continue and grow.

Geri Rakstis, 543 Americana Boulevard Northwest, Palm Bay, advised of her experiences with Buena Vida Estates Retirement Community; and stated the van leased from VPSI is invaluable as the sole transportation service to many of the residents. She praised the service from VPSI in providing a loaner van and responding to problems. She requested support for the continuance of this program.

C. La Monte Hogan, 1915 Cleveland Street Northeast, Palm Bay, stated he is President of Helping Others, Inc. which offers after-school training programs for youth; and without the vanpool, the program cannot survive. He described the program; explained why their transportation mileage is low; and advised the program will be expanding in the summer. Commissioner Ellis noted the program has an older van. Mr. Hogan advised one van is older; another is new; and the third van is not through VPSI.

Bill Goode, 3865 Avalon, Titusville, stated he is Administrator of Comprehensive Health Care, which is an HIV clinic in Melbourne providing care to 450 uninsured, low income individuals, as well as being the President of the Brevard County AIDS Coalition and a member of the Finance Committee of the District 7 AIDS Consortium. He advised 45% of the individuals do not have adequate transportation; and the lack of public transportation in the County was cited as a barrier to care. He advised of costs involved for transportation; stated transportation through vanpool is provided for STAFF over 200 people to get to their medical appointments; and they need another van. He advised of problems involved in providing transportation using private vehicles.

Douglas Stephens, 1540 Lime Drive, Melbourne, advised of his experiences as a vanpool driver for four years. He voiced support for the VPSI Vanpool on behalf of himself and his eleven passengers. He expressed support for retiring the vans at 100,000 miles.

Sheila Frye, 1206 Alcazar Street Southeast, Palm Bay, advised she was misinformed because she thought the issue was to shut down the vanpool. She stated she is House Manager for a recovery home for women and children; they have been using the vanpool service for two years; and advised of her experiences as a van driver.

Angelica McKee, 11 E Avenue C, Melbourne, Assistant Manager of Robins Nest and van driver, advised she transports at least 450 people and goes over 1,000 miles a month. She advised of her experience with VPSI in terms of problems with the van; and expressed support for the van program.

Edward Picciotti, 991 Brickell Street Southeast, Palm Bay, advised he has been a participant in the vanpool program for nine years; and described his experiences as a van driver. He advised of the advantages of the program in terms of traffic, cost effectiveness, and ability to get repairs. He expressed support for retiring vans at 100,000 miles. He requested the Board's support of the vanpool program.

John Corriell, 2564 Saint Michel Avenue, Melbourne, advised of his experiences as a van driver of a fifteen-passenger van covering 100 miles a day round trip. He requested the Board's support to increase the fleet.

Bea Polk, 101 Riverpark Boulevard, Titusville, noted she may not understand the program; and inquired who owns the vans. Mr. Lusk responded they are owned by the Board of County Commissioners, and leased to VPSI to manage on behalf of the County. Ms. Polk inquired how much lease does the County get; with Mr. Lusk responding the County receives no money or a token payment from VPSI for the lease of the vans. Ms. Polk inquired if the people pay to ride the vans; with Mr. Lusk responding each of the vanpoolers contributes to the driver who is the leaseholder; and the leaseholder pays VPSI to lease the van. Ms. Polk requested more information; and inquired who is responsible if something happens to one of these vans. Mr. Lusk responded VPSI is responsible to carry $1 million in liability as well as full comprehensive and collision insurance, and that cost is collected from the people who lease the vans. Ms. Polk inquired if the County knows for sure VPSI has this insurance; and if the County owns the vans, why is the County not insuring them. Mr. Lusk responded as part of the contracting process, VPSI certifies yearly that it is meeting the contractual obligations in terms of the insurance. Ms. Polk inquired if there is proof; with Mr. Lusk responding he has a certificate of insurance. Ms. Polk inquired how much does the program cost the County each year; with Mr. Lusk responding it costs almost nothing from an operating standpoint. Ms. Polk inquired who bought the vans; with Mr. Lusk responding the capital side is 80% federal, 10% state, and 10% local. Ms. Polk inquired how much are the taxpayers paying a year for this program; with Mr. Lusk responding what is budgeted is for vehicles each year; and permission to bid will be requested for $525,000 for vehicles. Ms. Polk inquired how much has the County invested in this program since it started, noting Mr. Lusk may wish to send her a written response. She inquired what have the taxpayers gotten out of the program, and if the federal government stops the program, will the County continue to pay this, and will there be a public hearing. Chairman Higgs responded the Board would have to make the decision whether to continue or discontinue; and it will be discussed as part of the budget, which is always done at public hearing. Ms. Polk requested the paperwork be sent to her when this program is brought up. Chairman Higgs responded Ms. Polk will be kept informed. Ms. Polk inquired if the Board is going to vote to stop it from going out of the County. Chairman Higgs advised the Board will make recommendations and motions.

Ida Blickley, 4475 Swift Avenue, Titusville, advised all of her questions have been answered.

Commissioner O'Brien stated everyone wants to get their share of federal and state dollars; and this program ends up costing this County almost nothing. He noted the County made approximately $42,000 when the vans were sold off. Commissioner Ellis questioned whether the County is actually making money. Commissioner O'Brien explained the figures shown. Commissioner Ellis noted the other money is not free; and it is all money paid by the taxpayer. Commissioner O'Brien stated the County is in competition with all other cities and counties in the country to get as many federal and state dollars as it possibly can; and the County would be remiss not to do that. Commissioner Ellis disputed the theory that it is profit-making.

Commissioner Cook inquired about the $400 a month when they are under warranty. Mr. Lusk advised of the length of the warranties. Commissioner Ellis inquired why do these vans not get the manufacturer's warranty; with Mr. Lusk responding the 12,000 is the basic warranty, and the 70,000 is the power train warranty, so there are still other expenses. Discussion ensued on the warranties. Commissioner Cook stated VPSI is a for-profit entity; $400 a month to maintain the vehicles seems high; and inquired if this went out to bid. Commissioner Cook inquired how long is the contract; with Mr. Lusk responding it ends in 1997, at which time it would go out for bid again. Mr. Lusk advised the $400 a month is for commuters; there is a different price for agencies; and the difference is in the insurance. Commissioner Ellis inquired what would it cost the County to insure one of the vans; with Mr. Lusk responding he does not have those costs. Mr. Lusk advised of the costs that were incurred early in the program for standard liability coverage; but the VPSI provides above and beyond that. Commissioner Ellis stated the big cost is just the initial insurance; to go from $200,000 to $1 million is not five times more expensive; and he would like some analysis on this issue showing what it would cost if the County insured and maintained the vans versus VPSI. Commissioner Cook inquired if the life of the van is extended, what impact would that have on the expansion program. Mr. Lusk advised the contract with VPSI was bid with the idea that the vans would be replaced at 100,000 miles; there is a clause that would allow VPSI to come back to the County if costs go up; and speculated if the life of the vans is expanded, the costs would go up. Mr. Lusk noted the anniversary date of the Contract is coming up and the County has been put on notice in terms of the cost of the insurance. Commissioner Cook stated he is going to take a hard look at any increase.

Commissioner Cook inquired if it can be stipulated that this program is for people residing in Brevard County. Mr. Lusk responded the Board has the right to do that; but the eleven out-of-County vans have been long-term customers; and suggested the Board work with the group to transition them or set a policy that no future vans would go to out-of-County residents. Commissioner Cook stated he would not want to terminate anyone currently using them. Commissioner Ellis inquired if those vans will be replaced.

Commissioner O'Brien stated this has been run like a well-run business, including the out-of-County people who come into the County to work, and drive back out. He stated the cost to the County is virtually nil; and the County may make some money. He noted the businesses in which he is involved draw the same line in terms of 100,000 miles for retiring a vehicle; and explained the reasoning. Commissioner Cook stated the County gets nothing on resale anyway; with Commissioner O'Brien advising at the last sale, the County made $42,000.

Commissioner Cook stated most of the items will have to be considered in 1997 when the contract is bid. Commissioner Ellis stated if the program is expanded, it should not be expanded to out-of-County people.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to direct that no new or replacement vans will be assigned to out-of-County drivers.

Commissioner Ellis stated those people coming from out-of-County have until they reach the 100,000 mile mark; and that is their lead time to go to other counties and get a van there. Commissioner Cook suggested the out-of-County drivers be allowed to use the vans through the current term of the contract until 1997. Commissioner Ellis suggested it be whenever the van runs out. Commissioner Cook noted some may be very close to 100,000.

Chairman Higgs stated the suggestion is to allow the out-of-County drivers to use the van until the contract ends in 1997 and that no additional new out-of-County vanpools be established. Commissioner Cook agreed.

Commissioner O'Brien stated the program is operating well, and should not be changed; and explained why. Commissioner Cook advised the out-of-County users take money out of Brevard County and spend it in other counties. Commissioner Ellis stated if there is a waiting list for vans for County residents, he does not know why there are out-of-County vans. Mr. Lusk explained the incentive to continue the out-of-County vans in terms of the federal formula; and noted taking these vans off the list may affect the amount of federal transit money the County gets. Discussion ensued on the waiting list. Commissioner Cook stated he wants to give priority to people who work in the County and spend their money here to help the economy.

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

Motion by Commissioner O'Brien, seconded for discussion by Commissioner Ellis, to direct that the Board be notified within 45 days when, and if , federal or state funding is decreased, and that a agenda item addressing vanpools be placed on the agenda within 60 days.

Commissioner O'Brien explained the rationale. Commissioner Ellis advised if all federal funds were cut off, what would happen is the program would run out of vans, but it would not be an overnight cut off of funding for the program.

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

Chairman Higgs stated the item originally asked for the ability to advertise bids.

Motion by Commissioner O'Brien, to grant permission to advertise for bids for replacement and expansion vans.

Commissioner Scarborough stated he is sensitive to endorsing the program without being more sure of the data. He requested further information before voting on expansion; and stated he would like to know where they pick up, where they drop off, and how many people are on the average riding. Mr. Lusk advised that is provided in the report; and explained how to read the chart.

Commissioner Cook stated he has similar concerns as Commissioner Scarborough; and inquired how maintenance and insurance are factored. Mr. Lusk explained how the contract was bid; and advised the analysis showed it was more cost effective for VPSI to run the program than for the County to run it.

Commissioner Scarborough inquired about elements of the chart. Commissioner Ellis explained the variations in mileage. Commissioner Scarborough stated he is willing to acquire the vehicles; but requested more information on each van.

Chairman Higgs stated that can be included in the motion. Commissioner Cook advised the bids will come back to the Board.

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

Motion by Commissioner Cook, seconded by Commissioner Ellis, to adopt Resolution commending the Greater West Melbourne Athletic Association. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Chairman Higgs advised the cost to fly from Orlando to Chicago round trip without advance reservation is $261 and with seven-day advance notice it would be $248. She noted she is not saying it would not have cost more in January; but that is a considerable difference.

Commissioner Cook stated there is a ticket for witness travel for $1,192. Commissioner O'Brien stated the trip is from Chicago to Brevard County and back; but the reservation is made in Titusville; and there is a possibility of collusion. Commissioner Cook stated there is something included about a judge wanting a bill to be paid within two weeks; and the Finance Director advises he will pay it unless he is told otherwise.

County Manager Tom Jenkins advised the item will be put on the agenda for the Board's discussion. Commissioner Scarborough stated if the Board has a duty to review the bills, but is being ordered to pay them, there is a fine line of separation of powers that may be being violated. Mr. Knox stated a motion for rehearing has been filed. Commissioner Scarborough inquired who was the judge; with Mr. Knox responding Judge Pound.

Chairman Higgs stated the bill appears to be the same as the one the Board pulled last time; with Mr. Jenkins advising that bill was sent to the State Attorney for response. Chairman Higgs stated she would also like this bill to be sent for response.

Commissioner O'Brien complained about the amount of paperwork being included in the bill folder. Motion by Commissioner Cook, seconded by Commissioner O'Brien, to approve the Bills and Budget Transfers with the exception of pages 25 and 26 (payment to Nancy Nolan for reimbursement of air transportation in the amount of $1,192) which were removed for further review. Motion carried and ordered unanimously.

PERMISSION TO APPEAL COUNTY COURT DECISION, RE: STATUTE DICTATING PROCEDURE FOR COUNTY DANGEROUS DOG DECLARATIONS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize the County Attorney to appeal the County Court's finding of lack of jurisdiction in Garner v. Brevard County, Florida. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY AND ALLEYWAY IN REPLAT OF HOPEWELL FARMS & MERRITT PARK NO 2. - SPIEGEL

Chairman Higgs called for a public hearing to consider vacating right-of-way and alleyway in Replat of Hopewell Farms and Merritt Park No. 2 as petitioned by Frederick Spiegel.

Engineering Director Susan Hann advised the applicant has withdrawn his request on the item.

PUBLIC HEARING, RE: RESOLUTION RESCINDING RESOLUTION NO. 95-024 AUTHORIZING PUBLIC HEARING TO VACATE RIGHT-OF-WAY AND ALLEYWAY IN REPLAT OF HOPEWELL FARMS AND MERRITT PARK #2

Chairman Higgs called for the public hearing to consider Resolution rescinding Resolution No. 95-024 authorizing public hearing to vacate right-of-way and alleyway in Replat of Hopewell Farms and Merritt Park #2

There being no objection or comments heard, motion was made by Commissioner Ellis, seconded by Commissioner Scarborough, to adopt Resolution rescinding Resolution No. 95-024 authorizing public hearing to vacate right-of-way and alleyway in Replat of Hopewell Farms and Merritt Park #2. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RATE CHANGE FOR TIME WARNER ENTERTAINMENT (TWE) FOR CABLE TELEVISION FRANCHISES I AND II

Chairman Higgs called for the public hearing to consider a rate change for Time Warner Entertainment (TWE) for Cable Television Franchises I and II.

There being no objections or comments heard, motion was made by Commissioner Ellis, seconded by Commissioner Scarborough, to approve rate change of Time Warner Entertainment (TWE) for Franchises I and II for the fourth quarter ending December 31, 1994, effective April 1, 1995, increasing basic rates by $.03 from $8.48 to $8.51. Motion carried and ordered unanimously.

REQUEST FOR ADDITIONAL TIME, RE: REPORT ON ALTERNATIVES TO PRE-EXISTING USE DESIGNATION

County Manager Tom Jenkins advised the Board set this for tonight, but staff is requesting it be continued to March 21, 1995.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to table consideration of alternatives to the pre-existing use designation to March 21, 1995. Motion carried and ordered unanimously.

APPROVAL, RE: APPOINTMENT OF HEARING OFFICER FOR CHILD CARE ENFORCEMENT HEARINGS

County Manager Tom Jenkins explained why the item was included as an add-on.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to appoint Joan Bickerstaff as hearing officer to hear the appeal of Laura Lucas, Kiddie Tyme Day Care regarding an administrative complaint filed by Consumer Health Services. Motion carried and ordered unanimously.

DISCUSSION, RE: HIRING FREEZE

County Manager Tom Jenkins advised the total estimated savings of $588,000 does not include the temporary employees which were used in lieu of permanent employees.

Commissioner Cook stated it was an enormous savings to the County.

Commissioner O'Brien inquired how many employees have been hired since the freeze was lifted; with Mr. Jenkins responding he approved two temporary maintenance workers for Road and Bridge.

Commissioner Ellis inquired how many positions are vacant now. Human Resources Director Frank Abbate responded it is continually changing because some of the 130 positions are filled internally which immediately creates another vacancy. Discussion ensued on the vacant positions. Commissioner Ellis noted there are approximately 100 openings now; and inquired if all the new jobs are listed. Mr. Jenkins advised if they were filled beforehand, they would not be on the list. Mr. Abbate advised the list includes all budgeted vacant positions in the County, part-time and full-time. Discussion resumed on specific positions. Commissioner Ellis noted the Board has not gotten a report back. Commissioner Cook stated the freeze has been off for a week. Commissioner Ellis inquired when the Committee will come back; with Mr. Jenkins responding the second week in April. Commissioner O'Brien inquired if the Board discussed having Mr. Jenkins come to the Board with a list he wishes to hire. Chairman Higgs stated at the last meeting the Board advised Mr. Jenkins to watch the hires and do not get carried away. Commissioner O'Brien stated he wanted a monthly number of how many people were hired; with Mr. Jenkins noting it has not been a month yet.

Motion by Commissioner Ellis, to continue the hiring freeze on new positions until the Board receives a report from the Hiring Freeze Committee.

Commissioner Ellis stated positions can be filled to replace someone who quits; but he would like to wait to fill new positions from the budget until the report comes back. Chairman Higgs stated there were two positions in the Parks and Recreation Department, one to coordinate youth activities, and the other was in the area of after-school programs; and both of those positions were recommended through the Committee that studied youth crime. Ms. Madden advised of the titles of the positions. Commissioner Cook stated he has no problem with that; and if the Board wishes to reinstate the freeze, it will be less than one month until the Committee report comes back. Mr. Jenkins stated there will be a freeze on the new positions; and he will research the Parks and Recreation positions, and report to the Board at the next meeting. Chairman Higgs recommended authorizing the two positions.

Commissioner Scarborough expressed concern about the Board getting into micromanagement. Commissioner Cook inquired if the Board wishes to extend this until the report comes back. Commissioner Scarborough stated he is afraid he will be wasting time. Commissioner Cook reiterated over half-million dollars have been saved which is a credit to the Board.

Commissioner O'Brien inquired if Commissioner Scarborough would be willing to accept a hiring freeze for any County employee who makes more than $18,000 a year. Commissioner Scarborough stated the attrition rate is the lowest at the lower levels; and yet that is the person that the public will notice first if he is gone. Commissioner Ellis stated the motion was for new positions.

Motion by Commissioner Scarborough, to amend the motion to stipulate that the freeze would only apply to new positions which are over $18,000 a year.

Commissioner Ellis stated most of them are under $18,000. Commissioner O'Brien suggested $15,000. Commissioner Ellis suggested everyone wait 30 days for the report.

Chairman Higgs stated she is still interested in getting the youth positions off the ground in this budget year. Commissioner Ellis inquired when were the programs supposed to be set up; with Chairman Higgs responding they were able to fill after October 1, 1994. Commissioner Ellis noted they are after-school programs; there are only a few months of school left; and inquired what will they do in the summer. Assistant County Manager for Community Services Joan Madden advised the program was to do more than just run programs after school; it was to do some planning and coordinating of existing programs and try to get some level of coordination of a number of existing programs run by the School Board and other entities as well as those run by the County; and the person would be busy during the summer months as well as during the school year. She advised of the need for grass mowing in the spring and summer months; and stated those kinds of things will become more of a problem than they have been in the winter months. Commissioner Cook stated they are only talking about less than 30 days until the Committee comes back. Commissioner Ellis stated all the people who have been lost can be replaced.

Commissioner Scarborough inquired if the Committee is going to inspect the parks to see if the grass needs cutting or go to the District 1 Parks and Recreation Board to see if it really needed three people. He stated it is necessary to trust the system; and the system is corrected by recreating and restructuring and not letting attrition at the lower levels wipe out hands on user programs.

Commissioner Cook stated when the freeze was instituted, everyone said the sky was going to fall in, but the County has saved half a million dollars, and the County is still running. He stated the system is not falling apart because the Board instituted a freeze; and the only question tonight is whether to continue the freeze a few more days.

Commissioner Scarborough stated he and Commissioner Cook disagree on how to save money; and he thinks you save money by starting at the top and restructuring major departments, combining functions, as opposed to letting the poor guy leave and let the grass go uncut. Commissioner Cook inquired if the grass is going uncut, noting the parks look good.

Commissioner Ellis inquired how many people does the County have to hire to do the jobs of people who are on payroll now, but do not work.

Commissioner Scarborough stated he encourages looking at the picture as a whole and bringing in an accounting firm to determine whether the County has good government or not. He stated just to use attrition will result in a trashy County; and the Commissioners will get increasing numbers of calls. He stated the County will not be able to function; and people will have to answer complaints; but nobody will be taking care of them. Commissioner Ellis stated with 2,000 employees, someone should be able to handle it.

Commissioner O'Brien inquired how much the County pays to the people who cut the grass; with Ms. Madden responding $7.30 an hour. Commissioners O'Brien and Cook agreed those are good wages.

Commissioner Cook stated he can see Commissioner Scarborough's scenario happening if the freeze was extended for a year or two; and he understands the concerns; but all the Board is considering is to extend the freeze for 30 days.

Chairman Higgs stated the Board needs to determine what it wants the County Manager to do, and allow him to manage the resources as the Board sets the policy. She stated the report which is coming back will provide some information; and she will not support an extension of the hiring freeze tonight. Commissioner Ellis clarified the motion on the floor is to extend the hiring freeze for 30 days for new positions. Chairman Higgs inquired what are the new Parks and Recreation positions; with Parks and Recreation Director Charles Nelson responding a Special Projects position and a Recreation Leader position. Chairman Higgs stated she would like to include those in the exemption from the freeze. Commissioner Ellis accepted the exemptions as part of the motion.

Commissioner O'Brien requested clarification of "new position." Commissioner Ellis advised it would be new positions created in last year's budget, but not those that have become open by people leaving.

Commissioner Scarborough stated he has a problem with what the Board is doing; and outlined his concerns.

Chairman Higgs called for a vote on the motion to extend the hiring freeze for 30 days for new positions with a Special Projects Coordinator position and a Recreation Leader position exempted. Motion carried and ordered. Commissioners O'Brien, Higgs, Cook, and Ellis voted aye; Commissioner Scarborough voted nay.

Commissioner Ellis stated the County cannot keep hiring more people to do the work when there are already people hired who are supposed to be doing those jobs.

Commissioner Scarborough stated Commissioner Ellis said earlier there would be libraries, but not the money to operate the libraries. He stated as the County grows, more people will be needed; and it is impossible not to do it that way. Commissioner Ellis stated he can only agree if there is full productivity from all the employees. Commissioner Scarborough stated employees who are not productive should be terminated and replaced; but the Board is discussing using attrition. Commissioner Ellis stated this is an issue that needs to come back.

Commissioner Scarborough suggested authorizing the County Manager to determine which 10% of the employees are bums, and terminate them by the end of next month because that way the County can get rid of the dead wood that the Commission is concerned about. Commissioner Ellis stated he does not know that every department has that problem.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to authorize the County Manager to fire 10% of the staff by the end of the next month, with those being terminated being the worst 10% in the County.

Commissioner Cook inquired if 10% is a minimum; with Commissioner Scarborough responding affirmatively.

Commissioner Ellis noted the discussion is getting out of hand. Chairman Higgs stated she finds the motion to be appalling. Commissioner Scarborough withdrew the motion.

EXECUTE FRONTIER INSURANCE COMPANY SURETY TAKEOVER AGREEMENT, RE: BOND NO. 45577, TERMINATION OF CONTRACT WITH HEGEMAN HARRIS COMPANY OF FLORIDA, INC. FOR FIRE STATION #26, CANAVERAL GROVES

County Manager Tom Jenkins advised this is the item to close out the problem with the fire station construction with Hegeman Harris Company; and staff recommends execution of the Insurance Company Surety Takeover Agreement.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Frontier Insurance Company's Surety Takeover Agreement-Bond No. 45577 for completion of Fire Station #26 project in Canaveral Groves as a result of termination of Contract with Hegeman Harris Company of Florida, Inc. Motion carried and ordered unanimously.

PUBLIC COMMENTS

Bea Polk, 101 Riverpark Boulevard, Titusville, requested the Board send a letter or resolution to the Legislative Delegation supporting an amendment to require a referendum to be put on the ballot at the next election to let the people decide if they wish to dissolve the North Brevard Hospital Taxing District and sell the assets.

Chairman Higgs inquired if there is any reason to do this tonight; with Ms. Polk responding the Legislature will approve this next week.

Commissioner Ellis stated what Ms. Polk wants is to have a referendum question to dissolve the taxing district and sell the assets. Ms. Polk agreed that is what they are asking the State to approve; but one Representative wanted to know the Board's opinion. Commissioner Ellis stated the Legislature is in session; and inquired if it would be better to do this next session. Ms. Polk advised if they wait a year, there might not be anything left to sell. She stated if this is passed, there would be over $65 million sitting; and she does not want it to disappear.

Chairman Higgs stated she would be happy to place the item on the agenda for the next meeting; but she is not familiar enough with the issue to vote. Ms. Polk advised it would be too late then.

Commissioner Scarborough stated the Taxing District was created by the Legislature, and only the Legislature can abolish the District and provide for the disbursement of monies received; and at best, all the Board could do is say it considered it, and has no objection to it. Ms. Polk stated she would like to know how the individual Commissioners feel on this issue because she will be in Tallahassee. Commissioner Scarborough stated most people believe it would be a shame if the hospital passed into private hands, and there was not the return to the taxpayers of the monies that were paid. Commissioner Scarborough noted the Legislative Delegation has ignored the Board of County Commissioners on other issues. Commissioner O'Brien stated the Board should not give up. Commissioner Ellis suggested sending a letter to the Legislative Delegation inquiring about the ramifications of the changes. Commissioner O'Brien suggested Commissioner Scarborough draft a letter to the Legislative Delegation for the Chairman's signature, requesting the ramifications of the bill the Legislature is considering to amend the North Brevard Hospital District. Commissioner Scarborough noted Ms. Polk is asking for a bill that is not before the Legislative Delegation; and he has not heard anyone from the Delegation ask what he thinks about it. He noted the County Attorney has studied the bill, and is putting together reports. Chairman Higgs suggested getting the report at the next meeting and take action based on what the Board hears; and expressed concern about the Board acting without having heard other sides of the story. Ms. Polk reiterated by the next meeting, it will be too late.

Commissioner Cook suggested having the letter sent in the meantime. Commissioner Scarborough stated he would prefer to have the County Attorney draft the letter; and requested Mr. Knox report to the Board on the North Brevard Hospital Taxing District issue at the March 16, 1995 meeting.

Upon motion and vote, the meeting adjourned at 11:30 p.m.

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

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