The Board of County Commissioners of Brevard County, Florida, met in regular session on November 28, 1995, at 9:00 a.m. in the Government Center Board Room, Building C, 2725 St. Johns Street, Melbourne, Florida. Present were: Chairman Mark Cook, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs, and Scott Ellis, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Randy O'Brien, District 2.

Commissioner Scott Ellis led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve Minutes of August 8, 1995 Regular Meeting, August 28, 1995 Workshop, and September 6, 1995 Special Meeting. Motion carried and ordered unanimously.

AUTHORIZATION, RE: USE OF SIGNATURE PLATES County Manager Tom Jenkins requested permission for Finance to use the current signature plates on warrants until the new plates are received.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize the Clerk to use the current signature plates on warrants until the new plates with the change of chairmanship are received. Motion carried and ordered unanimously.

APPOINTMENTS, RE: ELECTION EQUIPMENT COMMITTEE

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to appoint Joe Delancy, representing District 1, Terek Shawa, representing District 2, Gayle Cannon, representing District 3, Michael Strickland, representing District 4, and John Simmons, representing District 5 on the Election Equipment Committee. Motion carried and ordered unanimously.

APPOINTMENT, RE: CITIZEN ADVISORY COMMITTEE TO THE MPO

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to appoint Burt Bruns, 116 Washington Avenue, Cape Canaveral 32920, to replace Art Berger on the Citizen Advisory Committee to the MPO, representing District 2. Motion carried and ordered unanimously.

APPOINTMENTS, RE: SOUTH MAINLAND AND STONE LIBRARY SELECTION COMMITTEES

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to appoint Ellen Johnson to the South Mainland and Stone Community Library Selection Committees. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to appoint Artney Turner to the Stone Library Selection Committee as the Melbourne Library Board representative. Motion carried and ordered unanimously.

PERMISSION TO ATTEND, RE: ECONOMIC DEVELOPMENT COMMISSION MEETING

Commissioner Higgs advised as Chairman she attended the meeting on November 22, 1995 in regard to the proposed statewide changes in the job training programs; representatives from various agencies were there, including the Community College, School Board, HRS, Department of Labor, Workforce Development, EDC, and the Chamber; the group will meet again at 7:30 a.m. on December 4, 1995 to further discuss delivery of job training in Brevard County that will probably result in a new type of charter; she was asked as the Chairman to serve; so Chairman Cook needs to either appoint someone or she will continue to serve if he desires.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to appoint Commissioner Nancy Higgs as the Board's representative to attend the Economic Development Commissioner meeting on December 4, 1995 to discuss delivery of job training in Brevard County. Motion carried and ordered unanimously.

DISCUSSION, RE: MEETING WITH CITY OF COCOA ON WATER RATES

Chairman Cook advised he received a letter from the City of Cocoa requesting the Board postpone the meeting in regard to the water surcharge; and a motion would be appropriate to have the County Manager reschedule that meeting.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to direct the County Manager to reschedule the meeting with the City Council of Cocoa. Motion carried and ordered unanimously.

ITEMS PULLED FROM CONSENT AGENDA

Commissioner O'Brien pulled Item III.D.11 from the Consent Agenda.

III.B.9. was pulled at the request of Don Passaro.

FINAL PLAT APPROVAL AND TRI-PARTY ESCROW AGREEMENT WITH WINDSOR DEVELOPMENT COMPANY, INC. AND THE HUNTINGTON NATIONAL BANK OF FLORIDA, RE: IMPROVEMENTS IN WINDSOR ESTATES, PHASE I

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant final plat approval for Windsor Estates, Phase I, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all necessary jurisdictional permits; and execute Agreement with Windsor Development Company, Inc. and The Huntington National Bank of Florida, guaranteeing improvements in said Subdivision. Motion carried and ordered unanimously. (See page _____for Agreement.)

CONTRACT WITH THE VIERA COMPANY, RE: SIDEWALK IMPROVEMENTS IN VIERA, TRACT BB/V, PHASE 3

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Contract with The Viera Company guaranteeing sidewalk improvements in Viera, Tract BB/V, Phase 3. Motion carried and ordered unanimously. (See page ___ for Contract.)

CONTRACT WITH THE VIERA COMPANY, RE: SIDEWALK IMPROVEMENTS IN VIERA, TRACT D-2, PHASES 1 AND 2

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Contract with The Viera Company guaranteeing sidewalk improvements in Viera, Tract D-2, Phases 1 and 2. Motion carried and ordered unanimously. (See page ____for Contract.)

CONTRACT WITH THE VIERA COMPANY, RE: SIDEWALK IMPROVEMENTS IN VIERA, TRACT FF, PHASE III

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Contract with The Viera Company guaranteeing sidewalk improvements in Viera, Tract FF, Phase III. Motion carried and ordered unanimously. (See page ______for Contract.)

CONTRACT WITH THE VIERA COMPANY, RE: SIDEWALK IMPROVEMENTS IN VIERA, TRACT N, PHASE 1, UNIT 2

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Contract with The Viera Company guaranteeing sidewalk improvements in Viera, Tract N, Phase 1, Unit 2. Motion carried and ordered unanimously. (See page _____for Contract.)

CONTRACT WITH THE VIERA COMPANY, RE: INFRASTRUCTURE AND SIDEWALK IMPROVEMENTS IN VIERA, TRACT N, PHASE II, UNIT 6A

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Contract with The Viera Company guaranteeing infrastructure and sidewalk improvements in Viera, Tract N, Phase II, Unit 6A. Motion carried and ordered unanimously. (See page _____for Contract.)

UNPAVED ROAD AGREEMENT WITH JOHN A. DAVID, RE: VALLY ROAD

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Unpaved Road Agreement with John A. David for a building permit off an existing right-of-way constructed to the standards of the Unpaved Road Ordinance No. 93-27. Motion carried and ordered unanimously. (See page _____for Agreement.)

INTERLOCAL AGREEMENT WITH TAX COLLECTOR, RE: ENFORCEMENT OF OCCUPATIONAL LICENSING VIOLATIONS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Interlocal Agreement with the Brevard County Tax Collector for Code Enforcement to locate and identify lawn care businesses, home repair, tree services, and vendors who do not hold valid occupational licenses. Motion carried and ordered unanimously. (See page _____for Agreement.)

AGREEMENTS AND BUDGET CHANGE REQUESTS, RE: TRANSPORTATION IMPACT FEE FUNDING RECOMMENDATIONS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreements with Cities of Cape Canaveral, Melbourne, and Rockledge, and Towns of Malabar, Melbourne Beach, and Melbourne Village, and approve Budget Change Requests consistent with the Board's direction, regarding transportation impact fee funding recommendations. Motion carried and ordered unanimously. (See pages _____for Agreements and Budget Change Requests.)

INTERLOCAL AGREEMENT WITH CITY OF CAPE CANAVERAL, RE: NORTH ATLANTIC AVENUE BICYCLE/PEDESTRIAN WAY

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Interlocal Agreement with City of Cape Canaveral for design and construction of a bicycle/pedestrian way on North Atlantic Avenue. Motion carried and ordered unanimously. (See page_____for Agreement.)

AUTHORIZATION TO REVISE OBJECTIVES AND FUND ALLOCATIONS, RE: DRUG COURT AND STATE ATTORNEY'S OFFICE BYRNE GRANT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve adjustment in fund allocations between the Drug Court and State Attorney's Office grant applications; and approve revisions in objectives and/or outlay, and two FTE grant funded positions. Motion carried and ordered unanimously.

FUNDING APPROVAL AGREEMENT, HOME INVESTMENT PARTNERSHIP AGREEMENT, AND GRANT AGREEMENT WITH U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, RE: CDBG, HOME, AND EMERGENCY SHELTER GRANT PROGRAMS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Grant Agreement with U.S. Department of Housing and Urban Development (HUD) for the Community Development Block Grant Program (CDBG), HOME Investment Partnership Program, and Emergency Shelter Grant Program. Motion carried and ordered unanimously. (See page _____for Agreement.)

RELEASE OF FINAL PAYMENT AND RETAINAGE TO STARBASE DEVELOPMENT CO., INC., RE: CYPRESS AVENUE PAVING AND DRAINAGE IMPROVEMENT PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to release final payment and retainage to Starbase Development Co., Inc. for Cypress Avenue Paving and Drainage Improvement Project in the amount of $14,244.47. Motion carried and ordered unanimously.

APPROVAL OF CHANGE ORDER NO. 2 AND FINAL PAYMENT TO THE NIDY COMPANY, RE: ROCKLEDGE PARK TENNIS COURTS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Change Order No. 2 to Agreement with The Nidy Company for construction of Rockledge Park Tennis Courts, extending the time for completion of the project; and approve final payment in the amount of $6,362.30 to The Nidy Company. Motion carried and ordered unanimously. (See page_____for Change Order No. 2.)

ACCEPTANCE OF EASEMENT FROM SEA PEARL DEVELOPMENT, INC., RE: PUBLIC ACCESS AT SEA PEARL CONDOMINIUM

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to accept Easement from Sea Pearl Development, Inc. providing public access to the beach at Sea Pearl Condominium. Motion carried and ordered unanimously. (See page _____for Easement.)

ACCEPTANCE OF EASEMENT FROM BELLA VISTA DEVELOPMENT OF BREVARD, INC., RE: PUBLIC ACCESS AT BELLA VISTA OCEANFRONT CONDOMINIUM

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to accept Easement from Bella Vista Development of Brevard, Inc. providing public access to the beach at Bella Vista Oceanfront Condominium. Motion carried and ordered unanimously. (See page_____for Easement.)

APPROVAL OF FLORIDA POWER & LIGHT EASEMENT WITHIN PUBLIC BEACH ACCESS EASEMENT FROM R.P.O. BEACH DEVELOPMENT, RE: SILVER PALM OCEANFRONT CONDOMINIUMS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize R.P.O. Beach Development to provide Florida Power & Light Company an easement across a portion of the 15-foot beach access easement accepted by the Board. Motion carried and ordered unanimously.

PERMISSION TO BID, RE: FIVE-TON 4X4 FLATBED TRUCK

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant permission to solicit bids for one five-ton 4x4 flatbed truck for Mosquito Control. Motion carried and ordered unanimously.

CHANGE ORDER NO. 9 TO AGREEMENT WITH BUTLER CONSTRUCTION COMPANY, RE: NORTH BREVARD WATER TREATMENT PLANT EXPANSION

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Change Order No. 9 to Agreement with Butler Construction Company, for North Brevard Water Treatment Plant Expansion, increasing contract price by $1,328.34 to remove the meter vault for Well 5 and modify the water supply piping for the lime slaker. Motion carried and ordered unanimously. (See page _____for Change Order No. 9.)

RESOLUTION, RE: EXTENDING TIME FOR LANDSCAPE AND LAND CLEARING TASK FORCE REPORT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution extending the time to January 25, 1996 for the Landscape and Land Clearing Task Force to complete a report to the Board on issues pertaining to the Landscape and Land Clearing Ordinances. Motion carried and ordered unanimously. (See page _____for Resolution No. 95-322.)

RESOLUTION, RE: ACKNOWLEDGING REQUEST FROM TIME WARNER CABLE TO BEGIN CATV FRANCHISES I AND II RENEWAL PROCESS, SETTING APPLICATION FEE AND APPOINTING NEGOTIATING COMMITTEE

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution acknowledging a request from Time Warner Cable to begin cable television franchise renewal proceedings for Franchises I and II in unincorporated Brevard County and setting application fee; and appoint a Negotiating Committee consisting of representatives of the County Manager, County Finance, Communications Section, Public Works, County Attorney's Office, and SPC/CATV Franchise Program. Motion carried and ordered unanimously. (See page_____for Resolution No. 95-316.)

ADDENDUM, RE: EXTENDING ALEXSIS CLAIMS ADMINISTRATION CONTRACT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Addendum to Contract with Alexsis, Inc. for a 60-day extension for claims administration services, to permit the Selection Committee time to complete its work reviewing the responses to the RFP authorized by the Board on September 12, 1995. Motion carried and ordered unanimously. (See page_____for Addendum.)

AUTHORIZATION TO NEGOTIATE SETTLEMENT, RE: JOHN STRINI'S WORKERS' COMPENSATION CLAIM

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize Risk Management, through Gallagher Bassett Services, to negotiate settlement of Workers' Compensation claim of John Strini who injured his neck. Motion carried and ordered unanimously.

REJECT BIDS AND AUTHORIZE RE-BID, RE: BID #B-2-5-91, MISCELLANEOUS CONCRETE MATERIALS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to reject all bids and authorize re-bid of Bid #B-2-5-91, Miscellaneous Concrete Materials, with revised specifications. Motion carried and ordered unanimously.

AWARD BID AND CONTRACT, RE: BID #B-2-5-107, SOUTH BREVARD JAYCEES PARK

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to award Bid #B-2-5-107, South Brevard Jaycees Park Restroom Construction, Site Work, Installation, and Construction of one Pavilion and Utilities Hook-up, to low bidder RKT Constructors at $106,900; and execute Contract with the contractor for the project. Motion carried and ordered unanimously.(See pages _____for Bids, Recommendation, and Contract.)

APPROVAL OF BUDGET CHANGE REQUESTS, RE: TENTATIVE BUDGET SUPPLEMENTS FOR CAPITAL PROGRAM PROJECTS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Budget Change Requests for tentative budget supplements for Capital Program Projects. Motion carried and ordered unanimously. (See pages _____for Budget Change Requests.)

EASEMENT TO FLORIDA POWER & LIGHT COMPANY, RE: UNDERGROUND ELECTRICAL UTILITIES AT HARRY T. AND HARRIETTE V. MOORE JUSTICE CENTER

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Easement to Florida Power & Light Company for underground electrical utilities for Harry T. and Harriette V. Moore Justice Center. Motion carried and ordered unanimously. (See page_____for Easement.)

CONSENT AGREEMENT WITH MERRITT ISLAND MARINE SERVICES, INC., RE: CONSTRUCTION OF ABBY MARINA DRI

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Consent Agreement with Merritt Island Marine Services, Inc. for construction of Abby Marina DRI. Motion carried and ordered unanimously. (See page _____for Agreement.)

AUTHORIZATION TO DISMISS LAWSUIT, RE: BREVARD COUNTY v. NJK CORPORATION, INC.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize voluntary dismissal of lawsuit with NJK Corporation, Inc. on the condition the Corporation waive any claim of fees. Motion carried and ordered unanimously.

APPROVAL OF MEDIATION SETTLEMENT AGREEMENT, RE: BREVARD COUNTY v. DAIRY ROAD PLANT FARM, INC., ET AL, FOR PROPERTY REQUIRED FOR DAIRY ROAD WIDENING PROJECT/COOKE PARCEL 815

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Mediation Settlement Agreement with Elizabeth Anne Cooke for Parcel 815, required for the Dairy Road Widening Project. Motion carried and ordered unanimously. APPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

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

District 2 Canal Dredging Committee

George Reynolds, 1395 Glenhaven Drive, Merritt Island 32952, replacing John Oaks.

Commission on the Status of Women

Gayle Cannon, 529 Southern Hills Court, Melbourne 32940, replacing Marion A. Cheney, with term expiring June 30, 1996.

Country Acres Advisory Board

Nancy Blackford, 1006 Regalia Drive, Rockledge 32955, replacing Melissa Thorn, with term expiring December 31, 1996.

Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve bills and budget transfers as submitted. Motion carried and ordered unanimously. (See pages _____Bills and Budget Transfers.)

PERSONAL APPEARANCES - WARREN BENNETT, MARILYN HOOPER AND LIZ LACKOVICH, RE: RESOLUTION RECOGNIZING 25TH ANNIVERSARY OF COUNTRY ACRES PARENTAL HOME

Commissioner Ellis read aloud a resolution proclaiming December 4 through 8, 1995, as Country Acres Parental Home 25th Anniversary Week, and presented the Resolution to Warren Bennett, Family and Children's Services Supervisor, Marilyn Hooper, President of Country Acres Auxiliary, and Liz Lackovich, Chairman of the Advisory Board.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to adopt Resolution recognizing the 25th Anniversary of Country Acres Parental Home. Motion carried and ordered unanimously. (See page _____for Resolution No. 95-317.)

Liz Lackovich thanked the Board for its support, and invited all Commissioners to the open house on December 7, 1995.

PERSONAL APPEARANCE - LORRAINE GOTT, RE: RESOLUTION DECLARING WORLD AIDS DAY

Commissioner Higgs read aloud a resolution declaring December 1, 1995 as World AIDS Day in Brevard County, and presented the Resolution to Lorraine Gott of Project Response.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution proclaiming December 1, 1995, as World AIDS Day in Brevard County. Motion carried and ordered unanimously. (See page _____for Resolution No. 95-318.)

Ms. Gott thanked the Board for is support; and advised the best process to prevent the spread of AIDS is public awareness and education so people can get the facts about AIDS and follow them.

PERSONAL APPEARANCE - NELLIE STRICKLAND, RE: PROS AND CONS OF ACTIVISTS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve moving Item VI.E.9. up on the Agenda to hear Nellie Strickland early. Motion carried and ordered unanimously.

Nellie Strickland, 536 Mendel Lane, Titusville, advised she wrote a nice speech on the pros and cons of activists, but that is not what she wants to say. She stated the North Brevard Hospital made a $175,000 donation to the City of Titusville to pay for an ambulance; she calls it a shut-up fee; she lived under Hitler in Holland when it was occupied; and the only reason he could get going is because he had a lot of "yes men" around him who spread all over Germany and got more "yes men" around them; and they had guns to intimidate people. She stated controversial people who dare to say no are not wrong; and activists have done a lot for this country and County. She stated she was put on the Library Board, and the members did not like her because she was appointed by the wrong Commissioner; that Commissioner was not well liked by that board; and since she was put on that board by him, she had to be bad and a spy. She stated she never stood for anything but herself and what she sees as the best thing for people in general on the advice of others; she talked to a lot of people; and it took six months for that board to find out she did not mean any evil or harm and believed in libraries thoroughly. Ms. Strickland stated she made money her thing and found out that North Brevard Library was not getting the funds that it paid into the County since 1963; it started with a $98,000 budget the year she was appointed to the Board; and when she left, the budget was $170,000. She stated it dropped to $150,000 after she left, and where it is now she does not care to check; it was a simple matter of dividing the funds more equally; they had 1.4 books per head and Cocoa Beach had 15 books per head; so activists are not always bad. She stated the Board does not need to appoint people to boards that are liked by the members of that board; it is healthy to have someone say what is that and why is that; there is not enough of that on the boards; so the Board should put them on there and let them be controversial and stir the boat. She stated she is talking about Ida Blickley and Bea Polk; those ladies are worth about $90,000 to the City Council of Titusville; the newspapers are after them and the CEO of the Hospital threw them into court; but they are going to fight that. She suggested the Board stir the boat and do it with all its boards.

The Board acknowledged receipt of Ms. Strickland's statements on activists.

PUBLIC HEARING, RE: ORDINANCE REPEALING ORDINANCE NO. 90-30, EMERGENCY MEDICAL SERVICES

Chairman Cook called for the public hearing to consider an ordinance repealing Ordinance No. 90-30 regarding Emergency Medical Services.

Commissioner Higgs advised page 32, section (k) provides that the chairperson and secretary are to receive agendas two weeks prior, mailed or faxed at a reasonable time period; and inquired why everybody does not receive the agenda two weeks in advance, and is there some reason it cannot be amended to do that; with Bill Farmer responding the intent of that Section is that any request to have something placed on the agenda will be given to the chairman two weeks in advance so that he or she can produce the advanced agenda; and once the agenda is produced, it will be mailed or faxed to all council members. He stated the requests go in two weeks prior to the meeting so the agenda can be prepared in a timely manner.

Commissioner Higgs advised on page 33 it defines that the chairperson is responsible for relaying information to the general and executive membership; she assumes it is a Sunshine Committee and there may be a problem relaying information from the chairman who is a voting member; and in other places the liaison does such things. Assistant County Attorney Shannon Wilson advised the intent was to be the one who would be responsible for getting information out to the other members to come forward and discuss it at a meeting and not in a fashion that would discuss his or her own views or relay positions to the members. Chairman Cook inquired if there is language Commissioner Higgs would like to suggest; with Commissioner Higgs responding her suggestion is that the liaison be responsible for relaying information to the general executive membership. Mr. Farmer advised the liaison is also a voting member; the intent of that Section is to have the chairperson provide the information at the meetings; and maybe that needs to be clarified. He noted it is not the liaison person's responsibility to be that communication link, and the intent was to provide that information at the meetings.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to insert "at the meetings" on page 33. Motion carried and ordered unanimously.

Commissioner O'Brien stated he has a problem changing the name from Fire Rescue to Public Safety; it would confuse the public; a lot of senior citizens call it the fire department or fire rescue; and to change it to public safety will confuse them. He inquired what is wrong with the old name; with County Manager Tom Jenkins responding it was changed several years ago, and they are just updating the ordinance to reflect the change. He stated the Public Safety Department includes lifeguards, school crossing guards, emergency management, and other things beyond traditional fires; and it could be called the Fire Rescue Department, but for several years it has been called Public Safety. Assistant County Manager Joan Madden advised on the street it is still called Fire Rescue by people who operate it; it is a component of the Public Safety Department known as Fire Rescue Operations; however, it can be changed if the Board wishes to change it. Commissioner Higgs stated she does not have an interest in changing it.

Commissioner Higgs advised page 32 states "the physician represented from each agency is designed to be an ex-officio member"; and inquired if there is ever a case when the physician representative is also a voting member; with Mr. Farmer responding the Advisory Council makes recommendations to the Board on who to place on the Council; and if it decided a medical physician from an agency needs to be the representative, that would be brought to the Board; so it does not prohibit that from occurring. Commissioner Higgs advised it says the representative shall be ex-officio, and inquired if that would preclude the person from also being a voting member if the agency desires that person be a voting member; with Mr. Farmer responding historically it has not. Ms. Wilson advised the way it is worded now, it could prohibit that person from voting; and he or she would be able to provide information and recommendations but would not be able to vote. Commissioner Higgs stated it is not the desire, if an agency wants the physician as a voting member, that the person not be able to be that; and inquired if staff is encouraging physicians to be ex-officio members; with Mr. Farmer responding the Council is trying to encourage physicians to participate in meetings and give input. Commissioner Higgs stated she would not want to preclude them from being regular voting members. Ms. Wilson stated as physicians they would be ex-officio and non-voting, but if a member agency decides to make the physician its representative, they could be voting members; and she can address that in the ordinance.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to incorporate language in the ordinance to allow physicians who represent agencies to be voting members if the agencies appoint them. Motion carried and ordered unanimously.

Commissioner Higgs advised the chairman of the council only votes to resolve a tie; with the Board of County Commissioners, the Chairman votes in every situation; and inquired if other boards and committees do not allow the chairman to vote; with Ms. Wilson responding historically this is the way it currently is with the council, but she cannot speak to why it is that way. Mr. Farmer advised it has been a historical event; the intent of the council is not to be solely driven by an individual in control of the council; and it provides a check and balance system which has worked well for the council. Commissioner Higgs inquired if the chairmanship rotates; with Mr. Farmer responding it can. Commissioner Higgs stated she does not see a problem with the chairman voting on every issue.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to deleted the phrase "the chairman of the council will only vote to resolve a tie."

Commissioner Scarborough advised some of the cities have mayors who do not vote; Rockledge's mayor does not vote; there are different procedures; and if it is working for the council, and the Board has not received comments to make a change, he would prefer to leave it in tact.

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

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Ordinance replacing and repealing Ordinance No. 90-30 relating to the provision of emergency medical services in all of the unincorporated and incorporated areas of Brevard County, Florida; providing definitions; designating as special assessments the annual fee imposed on all improved real property within the Brevard County Emergency Medical Services Municipal Service Benefit Unit; making a determination of benefit to all improved real property located within the Benefit Unit; providing for enforcement of delinquent annual emergency medical services assessments; requiring notices be sent regarding the proposed annual assessments; providing for correction of errors; authorizing the County to enter into franchise agreements with authorized and qualifying providers; providing for competitive bid requirements to be followed; establishing duties of the emergency medical services providers; establishing criteria and procedures for issuance of exemptions; establishing criteria and procedures for revocation of exemptions; providing that the annual assessments for emergency medical services be imposed against the record owner or owners of improved real property as reflected on the records of the Property Appraiser of Brevard County; providing for the validation of the assessment rolls; providing for the requirement of each provider to obtain a certificate of public convenience and necessity; providing for certain exemptions; providing for the classification of certificates; establishing emergency call zones; providing for the exclusivity of the ordinance and the concurrent prohibition of municipal provision of emergency medical services; providing for the establishment of an emergency medical services advisory council; providing for the establishment of an emergency medical services review committee; establishing emergency medical service review committee hearing procedures; establishing procedures for renewal of certificates of public convenience and necessities; establishing procedures and guidelines for transfer and assignability of certificates; providing for responsibilities of medical director of a certificate applicant or holder and the procedure for prohibiting a paramedic or EMT from working under the medical director's supervision; establishing insurance for emergency medical service providers and franchises; establishing requirements for emergency medical service providers and franchises; establishing requirements for certificate holders to provide a schedule of rates; authorizing rules and regulations relating to emergency medical services service provisions; authorizing the issuance of temporary certificates; providing for severability; providing penalties; providing for inclusion in Code of Ordinances and effective date, as amended. Motion carried and ordered unanimously. (See page ______for Ordinance No. 95-54.)

APPROVAL OF MEASURABLE OUTCOMES, RE: CHILD CARE ASSOCIATION AND NTA-PROJECT STAR

Motion by Commissioner Higgs, seconded for discussion by Commissioner O'Brien, to approve the measurable outcomes for Child Care Association and NTA-Project Star.

Commissioner O'Brien advised Commissioner Higgs wanted measurable outcomes, but how can they measure it; Activity #3, measurable goals for child care, checking of outcomes, states they will be invited to attend an annual orientation meeting to discuss performance standards; and inquired what happens if they do not attend.

Chairman Cook advised it is sometimes hard to measure outcomes; there is a portion that mentions parental involvement which is hard to judge; parents cannot be compelled to take an interest in certain activities; and sometimes they do and sometimes they don't, so those measurable outcomes run into significant problems. Commissioner O'Brien inquired how would they measure physical and emotional outcome, social outcome, and intellectual development; there are ways to measure those, but they are not in the report; and it does not say how they will track it and show the money being spent for child care shows a measurable outcome. He stated without lesson plans or specific list of activities, it would be difficult to measure performance. Chairman Cook advised his concern is what level of oversight does the Board want to exercise; personally he would like to give the agencies autonomy and have certain goals they can aspire to, but the implementation of that should be up to the agencies. Commissioner O'Brien stated he agrees, but does not want the children warehoused and left to vegetate if the taxpayers are paying for child care. Chairman Cook advised STAR has been an excellent asset to the community and the people are very dedicated to helping the community; this is the first time they have had measurable outcomes; and if they do not meet those at the end of the year, the Board can review it. He stated it is an important project to the community; sometimes if children are exposed to computers they may not be able to identify exactly what they learned, but the fact that they were exposed can be a real learning experience. Commissioner O'Brien stated he has concerns with generalities they call measurable objectives that cannot really be measured; and they cannot measure unspecified things like emotions.

Commissioner Scarborough stated he would like to see more measurable goals, but he would like to move forward with it today, and have staff come back with standards that are not unique to the program. He stated the whole educational system is being asked to establish standards; the problem is determining what is a good standard and what is not; and the benefit to a child exposed to a computer may not arise for a few years, so it is not measurable at the time he exits the program.

Commissioner Higgs advised she wanted to go back and get more specific; they made a good stab getting into measurable goals, but they are not quite there; their contract has gone forward and the program would not stop; but she would like to see the Board send it back and make its statement to get good goals and measurable outcomes and come up with real measures in all those things.

Motion by Commissioner Higgs, to table measurable outcomes for Child Care Association and NTA-Project Star. Motion died for lack of a second.

Chairman Cook stated they have made an excellent attempt to put in measurable outcomes that are realistic; the Board should not get too unrealistic with the outcomes; education is not an art form; and they made a good stab at it so he will support it the way it is. Commissioner Scarborough stated he prefers to move forward; better measurable standards could evolve over a longer period of time; he does not think in a month's time the Board is going to find the quality of its measurements improved that greatly; but it should ask staff to work on it for next year and find something more significant; so he will not support a motion to table. Commissioner O'Brien stated the Board has to demand, whenever taxpayers dollars are laid out for those types of services, that it not only have measurable outcomes but how they are measured. He stated physical, emotion, social, and intellectual growth can be measured; and they said it is one activity they will be doing, but they do not say how. He stated if the Board gets outcomes that are mish-mash, he will vote against the contracts because they did not come forth with a lesson plan.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve the measurable outcomes for Child Care Association and NTA-Project Star, and direct staff to come back in six months with further suggestions on how to improve the requirements.

Ms. Madden advised they will be entering the CBL process in January or February and will get with the agencies; and she looks for measurable outcomes to be included in next year's contracts which will come to the Board in August or September.

Commissioner Higgs suggested making it part of the RFP so as people propose, they also include specific outcomes they will measure and they will be evaluated in the RFP process. Commissioner Scarborough stated he does not have a problem with that.

Commissioner Scarborough withdrew the motion, and Commissioner O'Brien withdrew the second.

Commissioner Ellis stated they are two different programs; and Project Star is fairly detailed on how many people it is going to serve and how many hours, more so than Child Care Association. Chairman Cook stated he is concerned about getting too stringent on those types of things; Commissioner O'Brien said the Board deserves outcomes, but some of the things are hard to measure; and things that a child is exposed to can have benefits years later which cannot be measured at the time. Commissioner O'Brien stated a child can be measured; when he comes into a program, he should be tested and evaluated; and every six months he should be evaluated to determine his emotional growth, intellectual development, hand and eye motor skills, etc.; all those things can be measured; and that should be the measurable outcomes for the delivery of the program. Chairman Cook stated if children are measured by standardized testing, there are a lot of drawbacks and failures; and he would hate to label a child too early in life because sometimes it can follow that child the rest of his life.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to accept the measurable outcomes from Child Care Association and NTA-Project Star; and direct staff to come back in six months with higher standards and measurable outcomes as part of the RFP. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING ZONING CODE FOR NONCONFORMING AGRICULTURAL USES

Commissioner O'Brien advised this item was brought up by Mr. Crisafulli; flooding killed most of his orange trees; they had a lot of problems with groves being destroyed by the weather over the past ten years in North Merritt Island; and Mr. Crisafulli wants to raise cattle and change the agricultural use. He stated there are inherent problems with the ordinance as written, and the changes he wants to take place; and after talking with staff in detail; he would recommend Option 3.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to direct staff to rewrite the ordinance amending the Zoning Code to provide for nonconforming agricultural uses, and return it to the Local Planning Agency as requested by the Local Planning Agency.

Commissioner Ellis inquired about the time frame to get it finished before the Property Appraiser comes back next year; with Commissioner O'Brien responding it has dragged on so long that they can rush it and do it wrong or send it to the Local Planning Agency and do it right; Mr. Crisafulli can do what he is doing and that is to sue Jim Ford; he began a lawsuit yesterday on property he owns, so they are going to court; and Mr. Crisafulli has that same option. Commissioner Ellis inquired what is the date to get it done next year if it is delayed this year; with Assistant Growth Management Director Peggy Busacca responding the LDR's are scheduled for adoption in March, 1996; and if the ordinance is not adopted by December 31, 1995, Mr. Crisafulli will not be able to get a tax break this year. Commissioner Ellis inquired if there is no way to get it ready; with Ms. Busacca responding the problems is the Local Planning Agency recommended it be a CUP; state law requires two night meetings after 5:00 p.m. for CUP's; but as it is written, which is a revision to the nonconforming portion of the Code, it does not require two night meetings and can be adopted on December 12, 1995. Commissioner Ellis inquired what is the Board trying to change before December 12, 1995; with Ms. Busacca responding the Local Planning Agency is concerned because the ordinance as written permits the change of agricultural uses within the four types designated or to a less intensive type without any notification to adjoining property owners; and the notification process that the Local Planning Agency likes is in conjunction with the CUP because there would be a public hearing and adjoining property owners would have the opportunity to come in and make a presentation to the Board if they did not want to see the nonconforming agricultural use changed. Commissioner Ellis stated the way it is set up, there are four types that only go to equal intensity or less intensity; and inquired what is the problem; with Ms. Busacca responding the specific problem was the idea they would wake up one day with cattle in their front yards when the day before they lived beside a citrus operation; and the Local Planning Agency thought that was somewhat startling to people and that they deserve to have notification of the change.

Commissioner O'Brien advised another problem is with the change to cattle grazing they could cut all the trees down, clear the land, and raise cattle, then a year later sell the land for development; they do not want to see that occur; people purchased houses among the groves and expected trees to be there; and if they sell the land, they would like to have at least one-acre lots. Commissioner Ellis stated if he had orange trees he could clear the land now to put in homes. He inquired when does the Local Planning Agency meet; with Ms. Busacca responding in January, 1996. Commissioner Ellis stated he cannot support the motion; he does not know why the Board cannot move it forward in December and if it wants to come back in January and change it again, it can do that; but it will give the people their agricultural exemption this year. He recommended passing the ordinance December 12, 1995, to cover the people caught in a Catch 22 with the Property Appraiser, and amend it in January, 1996 if necessary.

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

DIRECTION TO STAFF, RE: ALTERNATIVE SOLUTIONS TO PERMIT CATTLE GRAZING IN INDUSTRIAL CLASSIFICATIONS

County Manager Tom Jenkins asked the Board to note the fiscal impact of alternative solutions to permit cattle grazing in industrial classifications.

Chairman Cook advised the loss of taxes could be a half a million dollars to the County and School Board; he likes Option 1 which is to prepare an ordinance that would make cattle grazing a CUP as opposed to permitted use with conditions; and it could be developed with little change to the Ordinance and give the Board control over where activities could take place and what would be appropriate.

Commissioner Higgs stated she has problems with the Board's attempt to change the use on property by rewriting the definition of what is industrial use; and she does not support allowing agricultural uses in industrial classifications. She stated the Board is trying to let someone have their cake and eat it too; if they want agricultural, they should change the property to agricultural; and if they want industrial, they should put it in industrial. She stated the Board is creating a way for people to get around what the use of the property is; and she does not support a change in the Ordinance.

Commissioner Ellis stated he does not see what the problem is; they have to come in for the CUP; and if the neighbors have a disagreement, then they will have an opportunity to address it. He stated a person could have large acreage of IU sitting in a flight path; and he does not see any problem with putting cattle on it.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to direct staff to prepare an ordinance that would make cattle grazing a conditional use permit as opposed to a permitted use with conditions. Motion did not carry; Commissioners Ellis and Cook voted aye; and Commissioners Scarborough, O'Brien, and Higgs voted nay.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to take no further action to amend the Ordinance to provide alternative solutions to permit cattle grazing in industrial classifications. Motion carried and ordered; Commissioners Scarborough, O'Brien, and Higgs voted aye; and Commissioners Cook and Ellis voted nay.

DISCUSSION, RE: OPTIONS FOR SELLING SPACE PORT COMMERCE PARK BY ABSOLUTE AUCTION

Commissioner O'Brien advised a fax from Jennifer Taylor to Lynda Weatherman dated November 16, 1995 says, "I spoke with Michael Gaich regarding the Vectorspace auction that took place a couple of years ago. He reported the following: The only person that showed up was Michael Gaich." He stated there are two realizations: (1) the County will have to pay for all the advertising which Mr. Gaich estimated would be $50,000, and (2) the County will have to pay an 8 to 10% fee for the buyer's premium on the price of the land. He stated it is a good idea to auction the land, but he wants to give the Board fair warning of what can happen.

Chairman Cook advised it is prudent to go with staff's recommendation to request an analysis from the Financial Advisor and Bond Counsel to determine if any problems might arise from a total divestiture of the Park. He stated his concern is if the Board has to make up any shortfall in an absolute auction, it needs to know that.

Commissioner Scarborough advised there is not a good market to do an absolute auction; if the Board lists the whole park for sale rather than parcels at a sufficient price to get rid of all the indebtedness, then it will not have a problem; and if someone bids something less, the Board is not obligated to take it, sell it, or pay the commission.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct staff to list the Spaceport Commerce Park with a firm that has the capacity to sell on a national or international basis, and solicit request for proposals.

Commissioner Scarborough stated if the Board runs ads in the Orlando Sentinel and Florida TODAY, it may not touch the right people.

Commissioner Ellis advised the Board will have to make up the shortfall regardless of how it is sold, whether piecemeal or lump. He stated the price is set at $25,000 per acre; and inquired if the whole park could be sold for $17,000 an acre and break even; with Economic Development and Legislative Affairs Director Greg Lugar responding that is about right; there are 170 acres remaining that can be sold and developed; at $15,000 an acre, that would provide approximately $2.5 million; so $17,000 would be the amount needed to defease the bonds which are about $2.75 million. Commissioner Ellis inquired how much leeway does the realtor have on the price when trying to sell it; with Mr. Lugar responding the Industrial Park Authority uses the range of $20,000 to $25,000 an acre; and traditionally the price tends to go less when the parcel is larger. Commissioner Ellis inquired if staff looked at selling it piecemeal at cost to break even; with Mr. Lugar responding they looked at all the options, but they do not have the market to sell the properties.

Commissioner Higgs inquired if staff is including the $600,000 that is currently in the account when estimating the break-even point; with Mr. Lugar responding no, it is being utilized for debt payment. Commissioner Higgs inquired if that gives additional cash to defease the bonds with; with Mr. Lugar responding at this time, but they continue to use that fund as they go along. Commissioner Higgs stated she supports the motion because the Board needs to go with someone of worldwide significance to see if it can market the park at the break-even price. Mr. Lugar advised there are several publications such as Plant Sites and Parks, The Wall Street Journal, and others that get the word out nationally or internationally; there is probably some cost associated with those ads; and staff would like permission to try and get good ads out.

Commissioner Scarborough amended the motion to include authorization for staff to go directly to firms they want to list with and to advertise in circulations; and Commissioner Higgs accepted the amendment.

Commissioner Scarborough recommended staff send the information out then call and ask if they received it and if there is anything else they need, are they planning to respond, etc. He stated they need to get the cream of the crop to market the park because it is a unique product and there is nothing like it around; it is next to an airport and the entrance to Kennedy Space Center; and if there are firms with contacts internationally and nationally, perhaps they can find someone who would be willing to pay $17,000 an acre and make the park work.

Commissioner O'Brien advised the only way to really do it is to throw good money after bad; the Board has to go after it aggressively and spend quite a bit of money; but there is a market for the property if they touch the right person. He stated the County will not do that the way it has been trying to sell it; what was done in the past did not work; and it is time to change. Chairman Cook stated it is time to look at worldwide marketing.

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

STAFF DIRECTION, RE: PALM BAY ARTERIAL BELTWAY

Barbara Dillabough, 3670 Buddy Drive, Melbourne, advised she wants to commend the Board on the article in the paper because that is what she is fighting for, to cut costs; and that is why she is here today. She stated the survey will cost about $32,000; and she is opposed to spending that money before looking at alternate routes because it is not going to help the congestion on Palm Bay Road and Minton Road. She stated there are four million dollars for that; Commissioner Ellis trained her to fight for Palm Bay Road extension then changed his mind and wants to change hers; but she is not going to do it because she wants that road completed. She stated they need one million dollars and she understands the MPO can get that money; if they do Palm Bay Road now people will be using it in a few years; but the beltway, which she agrees will be needed, will take ten to fifteen years and 34 or 64 million dollars. She stated there are 4,000 petitions from people in Palm Bay screaming for the Palm Bay Road extension; the only thing that is stopping it are 100 people on Hield Road that do not want it; and Dave Weldon told her it is going to make his home noisy, but she does not agree. She requested the Board not give away the money for a survey, and look at the alternate route, and help her get Palm Bay Road extension completed.

Bob Nanni, 120 Malabar Road, Palm Bay, Assistant City Manager of Palm Bay, advised it is the opinion of the City that the first decision is between Items 1 and 2, whether nothing should be done, or they should proceed with the project; and the City recommends the County proceed with the project. He stated they support 2.c. under Alternative 2 and part of 2.a; they agree U.S. 192 to Malabar is a critical first step of the beltway; however, with respect to the inference that the City pay for the other half of the beltway, it is beyond the City at this point. He requested the Board allow the County and City staff to informally discuss the options and variables; there may be other funding mechanisms available for the southern portion also; and if there are any questions regarding Palm Bay Road Widening, he is prepared to talk about that.

Commissioner Ellis suggested a joint meeting with the City to look at different alternatives with joint funding between impact fees; with Mr. Nanni responding as a conceptual item they would look at that and anything that gets the beltway going; he cannot commit impact fees or a portion of it without going through the City Council first; however, in the normal staff process discussing different options, they will be open to that.

Douglas Platt, 3300 Sand Gulley Drive, Melbourne, representing himself and the Platt Ranch, advised he is opposed to the beltway crossing any portion of their properties; and he talked to Commissioner Ellis about that a year or so ago.

Carlyle Platt, 2200 Simon Road, Melbourne, advised the proposed beltway will cut his property in half which will cause a hardship on his operation; they have been in agriculture since the early 1800's and are now down to 5,000 acres; and the County wants to cut the road across his place which will be a hazard to his family. He stated any rancher can tell the Board where they put a highway through there will be more poaching problems; and the cattle will not be able to get back. He stated if it is a dark hole, the cattle will not go through it; it has been proven with I-75; they had to build cow pens on both sides to put cattle in; and they cannot carry a semi-trailer under there to move their cattle and would have to truck them in small horse trailers; so he is opposed to the beltway.

Commissioner Ellis inquired what if a full bridge was built; with Mr. Platt responding it would still be a hazard to them; and they would have to change all their pastures to be able to run cattle the way they run them today. Commissioner Ellis stated with a full bridge they could move cattle back and forth between the two sections; with Mr. Platt responding another problem is his daughters have property that will be right in line with the beltway; they want to build a home some day, but they do not want to build a home there and have part of the property on one side of the road and the other part on the other side. He stated his son is already on that side; it is going to take part of his property; and he would not have built a house there if he knew about the beltway. Commissioner Ellis stated a full bridge would provide access to either side; with Mr. Platt responding but they are in two different areas, and to put two bridges would cost a lot of money. Commissioner Ellis stated it would be one bridge; with Mr. Platt responding then one will have to go across the other property to get there. Commissioner Ellis stated that is the case now, to get to Doug Platt's property they have to come in off Simon Road. Mr. Platt stated that is right, but they own both sides of Simon road and there is no fence; and their fences are still the same. He stated they are opposed to the beltway coming across their property; he talked to Commissioner Ellis, Mr. Broom and Mr. Nanni; Mr. Nanni said urban and agriculture do not mix; and he agrees they do not; so he would like to go on record as being opposed to the beltway, and hopes the Board is not going to spend taxpayers money to put a survey through.

Commissioner Ellis stated the issue can be resolved with a bridge or overpass on that section of land; Mr. Platt is the largest landowner along the route and is in opposition; there has been a lot said in newspaper articles over the last few years that the road was being put through to benefit the people along the route; clearly the largest landowner on the route does not want the road and does not feel it is a benefit; however, he does not see any other way. He stated Minton Road is the only other road that goes north and south; there is nothing that parallels Minton Road short of going to the west; the design issues can be worked out with the people along the route so there will not be a disastrous impact on their operations; and if they construct a full bridge, they can bring any vehicle or piece of equipment back and forth to either side. He stated the road would go up and over and there would be enough clearance under the bridge to move a semi-tractor/trailer underneath it; however, there is no money to fund the road because the gas tax is bonded to the year 2001; so the money will not come in until 2002, but the surveys need to be done to set the right-of-way. Commissioner Ellis stated he would like to work with the City of Palm Bay, have survey work done for Options A, B going to Grant Road, and E with the City of Palm Bay to jointly fund all survey work with the County's impact fee fund. He stated even though E is probably 25 years down the road, the entire west side of Palm Bay has been bought up by St. Johns River Water Management District; and they need to work with the District to establish a survey route through there in case they put up any kind of control structures. He noted they talked about putting in a very large retention pond with Melbourne Tillman; the pond may be moved south of Malabar Road; the District has determined it is unsuitable fill in the area where they have property; now they are looking at other properties; and it is important to have that route laid out so they do not dig a lake in the path of the road.

Commissioner Higgs advised if the Board starts building roads, it should have the consensus of the community before proceeding too far; and there were disagreements on the extension of Palm Bay Road and problems with South Patrick Drive. She stated the document said significant owners are talking about donations; perhaps that is the case, but there are significant owners sitting here who are not interested in the project; and she is not sure whether the County had sufficient discussions even on Alternate A which seems to make sense based on the documents she has. She stated she is not sure there has been significant discussions with the public to go forward and expend any money at this time; and inquired how much would a bridge cost; with Growth Management Director Susan Hann responding she does not know; it would depend on the design specifications; and she would not want to speculate without knowing the design specifications. Commissioner Higgs advised she received information from Valkaria homeowners commenting on the alternatives at Valkaria; she heard from people in Grant who expressed concern about the alternatives at Grant; and those people have not had an opportunity to participate in public hearings. She stated there has not been sufficient public input; she would like to see public hearings occur in the communities before moving forward and committing funds; and those are almost no cost items except for staff time to talk to the people about what the alternatives are. She stated a study is underway by DOT in northeast Palm Bay and they are making some assumptions; so there is more information the public and the Board needs to have before it expends money. She stated U.S. 192 to Malabar Road seems to make sense, but staff should go to the public and involve them in discussions. Commissioner Higgs stated the people who will be impacted at Valkaria, Grant and Micco with the options have had no participation in any of the discussions; and they need to be involved.

Commissioner O'Brien inquired if anyone checked with FDOT about a 395 bypass like the 295 bypass around Jacksonville paid for by the federal government. Ms. Hann advised an interstate roadway would have different access considerations, so they have not specifically looked at that. She stated it would be a limited access roadway and would not allow things like a cattle crossing and access to adjacent properties; and for those reasons that option was not studied. Commissioner O'Brien inquired if the federal funding for U.S. 192 would be tied in; with Ms. Hann responding no, the road could possibly be eligible for federal funds through the MPO, but that source of funds is not very strong and it would be faster to move through the Board than through the MPO and federal funds because there are so many competing projects for the federal funds. Commissioner O'Brien stated SR 3, because of the public hearings held and real communications with the entire community, they were able to smooth out the few bumps; only a few voices are nay sayers where at the onset there were quite a few; however, their questions were answered and they are saying it is a good idea and to go forward. He stated Diana Shores, Villa de Palmas, etc. are all saying the same thing; so he agrees with Commissioner Higgs if public hearings are not held and the public is not aware or have been communicated with, the County would have problems.

Chairman Cook inquired if the access problems are insurmountable; with Ms. Hann responding no. Commissioner Ellis stated it would be with an I-95 type of road; with Ms. Hann responding they would be insurmountable then. Commissioner Ellis stated those would be insurmountable because it requires a certain distance between interchanges. He stated they cannot go west or east; B is the only route that can be modified as it goes through the City of Palm Bay; the map does not do justice to what sits up above Emerson; and there is no other place to go north. He stated Minton Road is the only road leading north out of Palm Bay which is going to have 150,000 residents on that side of I-95.

Chairman Cook inquired if there is a motion to move forward with getting additional input from the cities and others.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct staff to start setting up a series of public meetings with all affected residents and give them an opportunity to be involved in the discussions prior to committing any funds for the Palm Bay Beltway.

Commissioner Ellis inquired if it will be a meeting where everyone can come and give their input and not a meeting with a few people; with Commissioner Higgs responding the intent is to have a lot of public input, and advise people what the County is looking at prior to committing any funds; that is only fair and good public policy; and it is very smart because the Board does not want to be in the same place it has been with other projects. Commissioner O'Brien stated Mr. Nanni said he wanted to work more closely with the County; and recommended that be included in the motion.

Commissioner Higgs amended the motion to direct staff to also meet with the City of Palm Bay staff; and Commissioner Scarborough accepted the amendment.

Discussion continued on the public hearings, where they should be held, and what dates, and the people who would be impacted by the proposed route.

Commissioner Higgs stated the Board needs to know from the City of Palm Bay about its future land use plans for the town center; that was one of the recommendations in the study that the Board needs to coordinate closely with the City; and the roads that will go from the town center to the east need to be coordinated with the County's plans. She stated the people at Valkaria, Grant and Micco are very concerned about what is going on. Commissioner Ellis stated the road ends at Babcock Street, and whether there is a beltway or not, they will still exit on Babcock Street. Commissioner Higgs stated the plans in the documents show the road going all the way to I-95 and talks about interchanges. Commissioner Ellis stated Grant Road leading to I-95 is a separate issue; with Commissioner Higgs responding it is part of the whole issue that people are concerned about. Commissioner Ellis inquired how effective would it be to have six public hearings on something like the beltway; with Chairman Cook responding it would be very effective; on some other projects where the public did not perceive they had adequate input, the County bought trouble; and the more they can build consensus in the community on what is happening, they may not agree with the final results, but at least they will be informed and had the opportunity to express their concerns. He stated it can only be a positive thing because the beltway is a huge project. Commissioner Ellis inquired when would they start; with Chairman Cook responding staff will work out the hearing details and let the Board know.

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

The meeting recessed at 10:27 a.m. and reconvened at 10:44 a.m.

APPROVAL, RE: 1996 BOARD MEETING SCHEDULE

Commissioner O'Brien advised if the LDR hearing on March 21 and the Zoning meeting on March 28, 1996 could be combined into one meeting on the 21st. Commissioner Higgs suggested doing the night meeting and LDR hearing on March 12. Commissioner O'Brien stated that would make it a long day with the workshop. Commissioner Higgs suggested doing it on the 21st. Chairman Cook inquired if the Board wants to combine the LDR's with the night meeting, as it would be more appropriate.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to combine the LDR hearing with the night meeting on March 21, 1996. County Manager Tom Jenkins advised the 21st is a Thursday, and the public is accustomed to the Board meeting on Tuesdays.

Commissioner Higgs amended the motion to move the workshop to the 21st and the regular night meeting and LDR hearing to Tuesday; and Commissioner O'Brien accepted the amendment.

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

Commissioner O'Brien advised January 23 is a regular and night meeting starting at 1:00 p.m. Mr. Jenkins stated the reason for that is to allow the Commissioners to have two days off because school is out that month. Commissioner O'Brien inquired if it would be feasible to cancel the night meeting and have the regular meeting on Tuesday, January 23rd. Chairman Cook advised it is only one meeting that starts at 1:00 p.m.

Commissioner O'Brien advised August 1 and August 6 are regular and millage meetings; school begins on August 12; and that is pretty close. Mr. Jenkins advised they must do the millage on or about August 1, but the 6th can be changed and start at 1:00 p.m. Chairman Cook recommended moving the regular meeting and tentative millage to August 1.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to move the regular meeting and tentative millage hearing to August 1, 1996. Motion carried and ordered unanimously.

Commissioner Ellis advised November 19th is the swearing in of new Commissioners; and the Board may want to make sure it does not have agenda items on that date. Chairman Cook recommended November 19 be a swearing in meeting only.

Commissioner Ellis stated November 12 will only have four Commissioners because he will not be eligible regardless of what happens. Commissioner Scarborough advised when former Commissioner Roberts resigned to run for a State seat, the Governor appointed him early so he could serve during that time; so Commissioner Ellis may want to contact the Governor. Commissioner Ellis stated the County Attorney could do that; and whoever wins the election on the 5th would be able to step in and fill the position. Commissioner O'Brien stated they can handle it with four Commissioners; with Commissioner Scarborough responding sometimes there are tie votes with four Commissioners.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve the 1996 Board Meeting Schedule as amended. Motion carried and ordered unanimously.

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

Commissioner O'Brien advised #1 is reduce the number of non-profit organizations funded by the Board or reduce the amount of funding; it was discussed by the Board, and action taken at budget time; and it will approach that again this year. Commissioner Ellis stated last year it was $660,000; and inquired when will staff need to know if it will be reduced from that. Commissioner Higgs stated at the budget workshop in March, the Board could address it.

Commissioner O'Brien advised #2 is reduce/eliminate rental fees for space occupied by Public Health Units by housing in County facilities; in Central County, Vital Statistics, Immunizations, Health, Education, and Sexual Disease Clinic were moved to rental space to meet expanded patient growth; it costs $35,000 annually; and there is a tremendous amount of low-rent good facilities in the central part of the County. Commissioner Ellis inquired about the square footage; with Commissioner O'Brien responding he does not know that. Chairman Cook instructed Mr. Jenkins to find space in the County's facilities to move those programs, look at what is available, and come back with recommendations to avoid the cost. County Manager Tom Jenkins advised he will look at it and the cost to duplicate the facilities. Commissioner Ellis stated if they are moving a clinic, they need to set up sinks, drains, and everything else; and in South Brevard it is $7.00 a square foot, but he is not sure what it is in Central Brevard. He noted if it is $7.00 a square foot, it may cost more to renovate a County facility. Commissioner O'Brien stated they could buy space for $8.00 a square foot and own the building. Commissioner Ellis inquired what would it cost to convert it for a clinic; with Commissioner O'Brien responding he spent $65,000 to convert a building from office space to light manufacturing. Commissioner Higgs suggested staff find out if there are State funds available, and what has to be done to get those funds.

Chairman Cook advised #3 is reduce the length of legal advertisements by advertising parcel numbers where possible; and stated that sounds reasonable.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to reduce the length of legal advertisements by advertising parcel numbers where possible.

Commissioner Ellis inquired what is the impact and how will it reduce the length; with Zoning Official Rick Enos responding they currently advertise the lengthy metes and bounds descriptions, and if they advertised only the ORB and PG numbers, it would be a single line as opposed to a whole page.

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

Commissioner O'Brien advised #4 is restrict the use of cellular phones. He stated the calls cost approximately 23 cents per minute whereas the pay phone is 25 cents for three minutes; however, they have cellular phones because pay phones are often not available, especially for people in the field. He recommended the County Manager look at the policy concerning cellular phones, get it to the managers where the use of cellular phones are predominant, and have them review the bills.

Chairman Cook advised for years the County allowed employees to pay for personal calls on cellular phones; however, if they have a County cell phone, they should not have any personal calls even if they pay for them. He stated it should be a policy not to use the County phone for personal calls; and if that is agreeable with the Board, that should be the policy. Commissioner O'Brien stated sometimes there are reasons to use the cell phone, such as a fire fighter who cannot get home after work to take care of the children because his wife is a nurse who works at night; and he should be able to call her from the field on a County cell phone. Chairman Cook stated generally the reimbursements do not include the 15% surcharge, so the County is coming out below the actual cost; and if someone needs to call home, that person should not do it on a County phone. Commissioner Ellis stated they can call Dispatch and have them call the house. Commissioner Scarborough stated if fire fighters are required to work overtime, it should be a matter of policy for the County to contact their families. Commissioner O'Brien stated there may be reasons they have to use it for personal purposes; and inquired if it is a lot of money or minuscule to make life more difficult for employees when it can be made easier as long as they reimburse the County for the call. Chairman Cook stated there can be exceptions for emergencies, but from a general public perception, it would seem prudent not to use a public phone for personal business because the taxpayers are paying for the phone to be used as part of the job. Commissioner O'Brien inquired if there are any reasons why personal phone calls should be made; with Mr. Jenkins responding the only reason would be if the normal work schedule is interrupted and for family emergencies.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to instruct the County Manager to come back with additional information on the possible cost savings by restricting the use of County cellular phones. Motion carried and ordered unanimously.

Chairman Cook advised #5 is to change the newspaper in which the County advertises public hearings to one which has a lower fee schedule. Mr. Enos advised they must advertise in a newspaper that has circulation throughout the entire County; and both the Florida TODAY and Orlando Sentinel qualify. Chairman Cook inquired if it would result in a savings of $11,000 a year; with Mr. Enos responding that is the estimate based on the difference in rates from what they are spending now. Mr. Jenkins advised the circulation of TODAY is about four times more than the Sentinel in Brevard County. Commissioner Ellis stated he cannot see how staff can take the ads to the Sentinel even if it is cheaper. Chairman Cook stated the concern is not enough people would be able to read it, so the Board will not consider that suggestion.

RESOLUTION, RE: AUTHORIZING ISSUANCE OF FLORIDA HEALTH FACILITIES REVENUE BONDS, SERIES 1995 (THE DEVEREUX FOUNDATION)

Chairman Cook called for the TEFRA hearing to consider a resolution authorizing the issuance of up to $7,500,000 aggregate principal amount of Revenue Bonds, Series 1995, for The Devereux Foundation project.

Bea Polk,101 River Park Boulevard, Titusville, inquired if The Devereux Foundation is a private corporation and what is it doing; with Chairman Cook responding it is refinancing a bond issue. Ms. Polk inquired why is the County involved with a private corporation; with Chairman Cook responding the Financial Advisor will explain that.

Financial Advisor Tom Holley advised it is a bond where the County's credit is not involved; it is not a refinancing of the County's issues; the federal tax law allows the County, as an issuer, to be involved in helping certain preferred companies, for example small manufacturers starting up; and in this case it is a hospital which is a 501(c)(3) not-for-profit corporation. He stated the Tax Code allows those entities to raise money in a tax exempt manner; in order to do that they must have a public hearing, which is what the Board is doing right now, to answer citizens' concerns about financing because it does impact the federal budget in a micro sense; and that is why there is a hearing on it. He stated the reason that the County is involved is the Tax Code requires it; otherwise it is a pure obligation of the private entity, in this case Devereux Foundation; and all the responsibilities for paying any money on this are Devereux Foundation's. Mr. Holley advised the County has no financial exposure whatsoever in this financing; it is not the County's money; it has nothing to do with the County's money; and it is only because the Tax Code requires it.

Commissioner O'Brien advised it is like the industrial revenue bonds for companies that move into Brevard County and need to borrow money to build a facility. He stated the companies can get bonds, but need the approval of the Board; however, the County is not the lender; a financial institution lends the money and people buy the bonds as investments; and it is just so the government is aware of the bond and financial status of the companies. He stated the County has no exposure and it is just a formality. Commissioner O'Brien noted there are a lot of fees involved.

Chairman Cook inquired if the County Finance Committee reviewed and recommended it; with Mr. Holley responding yes, and bond counsel has been involved; and the County Attorney has reviewed and commented on the documents. Hearing no further public comments, Chairman Cook closed the public hearing.

Motion by Commissioner Ellis, seconded by Commissioner Higgs, to adopt Resolution authorizing and directing the issuance of up to $7,500,000 aggregate principal amount of the issuer's Revenue Bonds, Series 1995 (The Devereux Foundation Project); authorizing the execution and delivery of a Trust Indenture, a Loan Agreement, an Escrow Agreement, and a Bond Purchase Agreement; authorizing and directing the execution and delivery of such bonds; providing for the principal amount, provisions for redemption and maturity of, and rate of interest on such bonds; approving an Official Statement; requesting the Trustee to authenticate such bonds; authorizing the imprinting of Cusp Numbers on the bonds; appointing the Trustee; authorizing investment of funds by the Trustee; authorizing incidental actions; and repealing inconsistent resolutions.

Mr. Holley advised bond counsel in Philadelphia needs to add a paragraph to the resolution which is required under Section 218.385, Florida Statutes, where the issuer makes a determination of the necessity for a negotiated sale of the bonds versus a competitive sale; and since it does not impact the County's credit, it does not concern the Board, but he wanted to bring it to the Board's attention.

Chairman Cook inquired if the amendment is acceptable to the makers of the motion and second; with Commissioners Ellis and Higgs responding yes.

Chairman Cook called for a vote on the motion as amended. Motion carried and ordered unanimously. (See page_____for Resolution No. 95-319.)

RESOLUTION SUPPLEMENTING AND AMENDING RESOLUTION, RE: UTILITY REVENUE REFUNDING BONDS, SERIES 1995

Financial Advisor Tom Holley advised the issue came before the Board in August when it talked about refunding a series of outstanding bonds; refunding bonds are like refinancing a house when the interest rates drop; and in this case the interest rates have dropped and the County can save 2.3 million dollars on a gross basis, and 1.8 million dollars present value today's dollars. He stated there will be no new money, just savings; it does not extend the debt and has the same maturity as before; and the only reason to do it is to save several million dollars. Mr. Holley requested the Board approve the competitive sale; they will advertise it in the newspaper and receive bids on December 12, 1995; and at that meeting, they will come back and ask the Board to award the bonds to the lowest bidder. He stated because it is a refunding, they have to purchase $35 million of U.S. Treasury Bills; they will also competitively bid those out; and they will award those to people who pay the most money. He stated the resolution the Board has today will come back as a restated resolution on December 12, 1995 because they changed insurance companies to save $12,000; they are in the middle of negotiating what the old bond insurer required with what the new bond insurer is requiring; and that will come back on December 12, 1995. Mr. Holley advised another thing of interest is the transaction will be the first in the State of Florida; they will use electronic filing of competitive bids; it has been done in 14 other states; and the company they will use has done it for billions of dollars in transactions. He stated the State Division of Bond Financing is looking at this method to see how it works; people can still deliver competitive bids by hand or fax; but this is the first time they will do electronic filing. He stated there is no cost to the County for doing it; it has been reviewed by bond counsel; so the Space Coast will be on the cutting edge. Mr. Holley advised the amount they are asking to be authorized is not to exceed $25,500,000; the resolution has $24,000,000; it is only because rates have dropped; and when rates fall, ironically they have to sell more bonds to buy treasuries, but the savings will only increase and not decrease.

Commissioner O'Brien advised the Federal Government is now making bids for trucks, tanks, etc. electronically; he will have to send two of his employees to school next week to learn how to use that system; and they will have to upgrade the computers in their office so they can bid and receive bids electronically. Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt a Resolution supplementing and amending a Resolution adopted by the Board of County Commissioners of Brevard County, Florida, on June 5, 1984, as supplemented, amended, and restated; providing for and authorizing the issuance of its Utility Revenue Refunding Bonds, Series 1995 in the aggregate present value principal amount of not to exceed $25,500,000 to refund the County's Outstanding Utilities Revenue Bonds, Series 1986 maturing after March 1, 1997; authorizing the Chairman or Vice Chairman of the Board of County Commissioners and the Clerk or Deputy Clerk of the County to award the sale of such bonds based on bids submitted at public sale and approving the conditions and criteria of such sale; specifying the date, interest rates, interest payment dates, provisions for redemption, series designation and maturity schedule of such bonds and establishing a reserve requirement therefore; approving the form of a draft Preliminary Official Statement; authorizing the execution and delivery of an Official Statement with respect to the bonds; approving the form of and authorizing the modification and execution of an Escrow Deposit Agreement and designating an Escrow Agent thereunder; designating the Bond Registrar, Paying Agent, and Authenticating Agent for said bonds; approving the form and authorizing the execution and delivery of a Letter of Representation with the Depository Trust Company; providing for the transfer of certain moneys held in funds and accounts for the refunded bonds; providing covenants to comply with applicable tax and arbitrage rebate requirements; providing certain covenants for the benefit of the bond insurer as an inducement for it to issue its municipal bond insurance policy with respect to the bonds; providing an effective date for this Resolution; and providing certain other details with respect thereto. Motion carried and ordered unanimously. (See page _____for Resolution No. 95-320.)

PERSONAL APPEARANCE - MR. D. D. WHITE, RE: HOUSING AUTHORITY

Chairman Cook advised Mr. White was supposed to be scheduled on the Agenda, but it did not make the deadline; and inquired if the Board would like to allow him to speak.

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

D. D. White, 1221 Holmes Street, Cocoa, advised he had a tenant in a Section 8 house; that tenant violated the lease agreement by bringing in additional people; the lease prohibited dogs; and a dog stayed on the premises and damaged the house and yard for a duration of three or four months. He stated the tenant paid no part of her rent; Housing Authority Section 8 refused to pay the damages after they noticed it; and they refused to change the time. He stated they sent him a letter and indicated they wanted to inspect the house; on that particular date he had a court appointment in Sanford and was not available; and they overruled him and went on. He stated he does not think they work that way in America, but they may in Russia or some other country. Mr. White stated they notified him on July 31st that they wanted to inspect and he must be there; he contended it was not an appropriate time because they would have had to inspect the house while the tenant was in it and would be unable to get a true assessment of the damages; but they overruled him and went on; and he does not think they work that way in Brevard County. He stated they need to recognize that both the tenant and landlord have rights in this situation; that is what he needs to get corrected; and he needs the damages corrected which they did not agree to.

Commissioner Ellis advised attached to Section 8 is a form from HUD; and inquired if that is the form Mr. White submitted to HUD to be reimbursed if the tenant tears up property and leaves; with Mr. White responding that is right, and that would not even pay for the damages. Commissioner Ellis inquired what happened; and Mr. White responded he does not know, and that is why he is here.

Chairman Cook inquired if Reverend White contacted anyone; with Reverend White responding he put the names of all the people he contacted on the list. Chairman Cook inquired if he contacted HUD in Jacksonville; with Reverend White responding no, he talked to those people he listed, and when he could not get any justification from them, he came to the next authority which is the Board that has authority to right any wrong or make an investigation into any wrong. Chairman Cook advised it is a HUD project which is a federal government project; and the next step would be to contact the HUD Regional Office in Jacksonville to seek some relief. Reverend White stated he wanted to go through the proper channels; he wrote the Governor concerning the matter and was told to come back to the County; and if there is any investigation, the Board needs to do that since it is the authority operating Brevard County. Chairman Cook advised the Housing Authority members are all appointed by the Governor and this Board has no control over them.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to instruct the County Attorney to investigate the matter and report to Mr. White and the Board. Motion carried and ordered unanimously.

County Manager Tom Jenkins stated it would be helpful to get a copy of the letter Reverend White received from the Governor which referred him to the County because that is strange.

Chairman Cook requested Reverend White provide a copy of the letter to the County Attorney; and suggested the County Attorney contact the local Housing Authority and HUD Office in Jacksonville.

Commissioner O'Brien advised he has received quite a few phone calls lately about the Housing Authority and some of the complaints are scary; it appears that the Housing Authority has been red lining neighborhoods and trying to block bust others; they see rampant segregation in the Housing Authority; and it created a neighborhood that is 100% black which is against the law. He stated he called Tallahassee on it two months ago and it was referred back to the Board saying it is a local problem and the Board has to fix it; and if it is a breech of federal law, the County Attorney should call the FBI to investigate. He stated the appearance of the Housing Authority in Brevard County is that there are rampant problems going on; and they have never had public hearings since it was established in 1950. Ms. Madden noted the resolution by the Board was adopted in 1950. Commissioner O'Brien stated since 1950, he cannot remember the last time the head person of the Housing Authority from Tallahassee came to Brevard County; here is an instance where Mr. White wants some redress and relief to be able to speak his peace to somebody who has the authority to do something about it; yet if he goes to the local board, he is out of luck.

Chairman Cook advised it is a federal program; the County will try to facilitate Mr. White; and if there are problems it needs to make sure that is not going on. He stated generally when he was in housing, they allowed anybody to come and speak to them; he is baffled at the resistance Mr. White is running into; but he concurs that the County Attorney should get with Mr. Chavers to find out what is going on and if there is a problem that needs to be investigated. He stated the federal authorities and regional office has an investigative unit that can look at what is going on.

PERSONAL APPEARANCE - MR. D. D. WHITE, RE: COURT SYSTEM

D. D. White advised he filed a claim in small claims court to appear before a judge to adjudicate a matter where a person had a lease with him, two adults rather, Patricia Mixon and Willie Welch, who came to him and expressed a desire to rent his house while he was away in another state; he agreed to it; and after being away two months, and they sent no rent, he decided to come back. He stated he came back and found the house in disarray; he found damages, unpaid utility bills of $300 to $400, building damaged extensively, unpaid rent, and theft. He stated they had taken away several items including the telephone, clippers, blankets, towels, and sheets, so he went to court; and after paying the $88.00 fee and going to court, he never got to see a judge. He stated a secretary came and adjudicated the case; he never got any justification and did not see the judge; and he wants to know what kind of small claims court Brevard County has. Mr. White advised they gave him a judgment towards the lady, but according to Florida law, all written agreements are binding within one year; one person signed it and the other person did not sign it; but it did not make a difference because both people entered into the agreement at the initial stage. He stated he contended that both people would have to be held accountable since they were adults and there was theft; but he did not get that kind of adjudication. He stated he has been in small claims courts in Atlanta and several other places and was always able to appear before a judge after paying the fee to get there; and requested the Board investigate it. He stated he needs damages of $1,799.30; and he wants the court to bring those people in and in some way subpoena them because theft is a crime.

Commissioner Ellis stated the judgment was entered against Ms. Mixon, but not against Mr. Welch because hers was the only signature on the lease; with Mr. White responding according to Florida law a lease for less than a year can be oral; so he contends Mr. Welch came to him as an adult in the initial agreement and executed an oral agreement to rent the house. He stated they brought folks into the house, got three or four more women with two or three children, and when he added it up, it was 27 children and six adults. He stated that is why the house was torn up so much; he leased it to two adults and seven children; and requested the Board investigate it because he does not like the way the small claims court in Brevard County operates; and he did not pay his money to talk to a secretary and paid it to talk to a judge. Commissioner Ellis inquired if the issue is the oral contract with Mr. Welch; with Mr. White responding yes.

Commissioner Scarborough recommended the County Attorney meet with Mr. White and perhaps there are some things that need to be pursued. He stated his problem in getting involved in those things is a matter of policy; the Board does not have jurisdiction over the court system; the appropriate manner is to take the items on appeal; and that is how the system works. Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to request the County Attorney meet with Mr. White on the small claims court issue and see what options are available to him. Motion carried and ordered unanimously.

Commissioner O'Brien inquired if the County passed an ordinance about leases or is it just a state law; with County Attorney Scott Knox responding the County does not have an ordinance pertaining to leases; and there is a Florida Statute that governs commercial and residential leases. Commissioner O'Brien inquired if it would benefit anybody if the Board did that to protect the landowner; with Commissioner Ellis responding he would not support that kind of ordinance because every single lease that ends in dispute will come before the Board to mediate instead of the courts. He stated everyone who is not happy when they move out will take advantage of the system instead of going to a judge; and the County would have to hire three or four more attorneys to handle that. Chairman Cook advised Bud Crisafulli is here, and inquired if the Board wants to reconsider Item V.B.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to reconsider Item V.B., permission to advertise public hearing for an ordinance amending the Zoning Code for nonconforming agricultural uses. Motion carried and ordered unanimously.

Bud Crisafulli, 5525 N. Courtenay Parkway, Merritt Island, advised he will answer any questions the Board may have on the parcel they are trying to use; they have had cows on the property for three years, and have not had any complaints; it is surrounded by a busy neighborhood called Colony Park; the property is zoned TR-2 which is mobile home use; and he does not plan to do anything like that with it unless he cannot get this change. He stated he is up against a deadline; if he does not get his agricultural exemption by the end of the year, he will not get it for next year, and will have to pay full taxes on the property; and next year at this time he intends to have cattle or a site plan with Brevard County because this is the second or third year he has gotten caught in the scenario of not being grandfathered in because he brought the cattle on the property too late rather than like some of the properties he did ten years ago. He stated there is a 50-foot area around the entire perimeter that is left natural with full pepper trees; the barbed wire fence is inside the pepper trees so people do not know the cows are in there; and he is looking for some relief before the end of the year.

Chairman Cook inquired if the Board grants permission to advertise the ordinance as proposed, would it be heard on December 12; with County Attorney Scott Knox responding yes.

Commissioner Scarborough stated the ordinance affects everybody; and while it may be perfectly fine with Mr. Crisafulli's neighbors, elsewhere it could create problems because it is all encompassing; and the Local Planning Agency has concerns and wants to put a conditional use permit in it and have it referred back to them. He inquired what if the Board proceeded to advertise with the conditional use permit language but did not send it back to the LPA, will that break some rules; with Assistant Growth Management Director Peggy Busacca responding a conditional use permit requires two night meetings at least ten days apart, so the Board would have to have two special night meetings in December because she could not have it advertised for December 4, 1995.

Commissioner Higgs inquired if the Board advertised the ordinance as written for December 12, could it also refer it back to the Local Planning Agency for its recommendations and an amended ordinance to be scheduled at the earliest possible date; with Ms. Busacca responding yes. Commissioner Higgs stated the Board could take care of an immediate problem and also send the ordinance to the Local Planning Agency. Commissioner Ellis stated it was his point when it came up before, to pass it on December 12 and rework it for January, 1996.

Motion by Commissioner Ellis, seconded by Commissioner O'Brien, to grant permission to advertise public hearing to consider an ordinance amending the Zoning Code for nonconforming agricultural uses for December 12, 1995; and refer it to the Local Planning Agency to rework the ordinance and bring it back to the Board in January or February, 1996. Motion carried and ordered unanimously.

DISCUSSION, RE: PREPARATION OF RFP FOR HEALTH INSURANCE, SELECTION COMMITTEE, AND USE OF CONSULTANT

Risk Management Director Gerry Jacobs advised staff needs direction from the Board on the formation of the Selection Committee; the model that is the basis for discussion is the School Board's Selection Committee; they had a 15-member selection committee which included various representatives; and one feature they had was a representative from each Board member. He stated right now the County only has the Chairman of the Board on the Committee; and the other members are representatives from the five Constitutional Officers, the County Manager, Budget Director, Director of Human Resources, and Port Canaveral Authority. He stated a separate item is whether the Committee should engage a consultant; the School Board did that; and it worked well for it.

Commissioner Higgs inquired how much did the School Board pay for the consultant; with Mr. Jacobs responding about $30,000. Commissioner Higgs inquired if it was through a competitive selection process; with Mr. Jacobs responding it was a consultant they retained several years ago; and the County would have to go through an RFP process and determine the cost from that. Commissioner Higgs inquired if the Board could piggyback on the School Board's contract; with Mr. Jacobs responding he does not believe so. Commissioner Higgs inquired if the information the committee worked on and received was presented in public, is that not public information. Chairman Cook inquired how can it be proprietary; with Mr. Jacobs responding the material they have is marked as proprietary information and are the consultant's work and materials. County Attorney Scott Knox advised there may be exemptions for those activities in the Florida Statutes that he is not aware of, and would have to look it up. Chairman Cook stated if the Board can benefit from their report, that would be an asset to the County instead of paying a consultant to do the same thing.

Commissioner Scarborough stated he has an appointee to the Committee; and recommended each Commissioner appoint a member.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize each Commissioner to make an appointment to the Health Insurance Selection Committee. Motion carried and ordered unanimously.

Mr. Jacobs advised that will bring the composition of the Committee to 14; the Board may wish to consider an employee representative appointed by the Employee Advisory Committee to bring the number to 15.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize appointment of a non-management employee to the Health Insurance Selection Committee. Motion carried and ordered unanimously.

Commissioner O'Brien advised he hopes they have a strong employee advocate to represent all employees, because there are too many horror stories with employees going to doctors and hospitals that are dirty, and they are not getting the care they want and cannot go to a hospital they are familiar with. He stated the representative needs to be able to help them. He stated in the School Board's plan they had something to back charge against the insurance company if they do not perform, and monetary penalties for failure to meet service standards; and he hopes whatever the Board comes up with has the same provisions. Mr. Jacobs stated the School Board incorporated language that was suggested by the consultant.

DISCUSSION, RE: ONE-CENT SALES TAX INTERLOCAL AGREEMENT AND BALLOT LANGUAGE FOR JAIL EXPANSION

County Manager Tom Jenkins advised the Board requested staff to bring this item back; and if the Board is considering a referendum in the Spring, it has to get interlocal agreements with the cities which would be a tight time frame.

Commissioner Ellis advised he would prefer Option 2 which is to write the interlocal agreement so any unused proceeds are shared with the cities for capital projects in accordance with the State formula; and to go with six months of sales tax for one pod. He stated he does not know where the Board is going to find $2.5 million to operate one pod, much less $4.5 million to operate two pods and double bunk; it needs to look beyond the sales tax and capital outlay and to operating costs; and there will be a lot of operating costs involved if the Board goes with a full year of sales tax.

Commissioner Higgs advised if the Board is going to referendum, it should only go for one pod; it is building a minimum security facility and does not know how quickly that will fill up; and it knows it will need some maximum security space, but it does not need 528 beds immediately. She stated she did not support the motion to go to referendum, but if the Board is going to do that, it would be wise to go with one pod.

Chairman Cook stated he concurs; the Sheriff said completion of the minimum security facility will meet his needs for two years; so there are no immediate needs for a second pod. Commissioner O'Brien inquired if that means every two years the Board will go for a referendum on another penny tax; with Chairman Cook responding he hopes they will not need that many beds.

Commissioner O'Brien stated he differs with sharing the excess proceeds with the cities for capital projects; and any excess funds should be set aside for repair and maintenance of the prison only. He noted there was a problem the last time, so the Board can expect some kind of mess up; and after it is completed and housing prisoners, there is ongoing maintenance costs.

Assistant County Attorney Shannon Wilson advised the County cannot use the sales tax funds for maintenance; and it can only be used for capital outlay, construction, design, and planning, but not operations. Commissioner O'Brien inquired if the excess funds could be set aside in case they have to build a new kitchen or another part of the jail outside of the fence which the Sheriff alluded to; with Ms. Wilson responding the language was drafted to address those kinds of updating needs, and provided for updating, reconstruction, modification, and new construction of the jail. Mr. Jenkins stated the money could be set aside for future capital needs if that is the Board's decision. Commissioner O'Brien stated it would be prudent to set it aside, and if there is a catastrophe, they could rebuild or add on. Ms. Wilson advised there may be restrictions on how long the Board has to commit the use of the funds; and it may not be able to hold it for five years in case something comes up. Commissioner O'Brien indicated the public would be disappointed to find out they were charged one cent sales tax for six months and it created a certain amount for each city to use to build restrooms or something like that. Commissioner Ellis stated the cities cannot use it arbitrarily. Commissioner O'Brien stated it says capital projects but not what kind of project. Ms. Wilson advised it can be used by the cities for capital projects if it is worded right; however, if it is worded for criminal justice facilities only or the jail only, most cities do not provide jails. She stated the cities are allowed by Florida Statutes to provide jails solely for incarcerating people who are convicted of violations of their ordinances; she does not believe it is a population that is very high in most communities; she does not believe any of the cities have a jail that is more than a holding facility until the person detained is transported to the County's jail facility; so there is an argument to be made if it is limited to jail facilities.

Commissioner Ellis advised the Board spoke to someone about a year ago on the possibility of the County building another juvenile justice facility because juveniles can be put in jail and the detention facility is overcrowded; and inquired if the remainder of the funds can be used to add capacity for a juvenile detention facility; with Mr. Jenkins responding the only concern is who will operate it; and if they are willing to operate it, the Board can do that. Assistant to the County Manager Yvette Parker advised Mr. Bedsen from Juvenile Justice said the detention center on Camp Road was used to detain individuals prior to trial; that facility is not overcrowded; the facility the Board was looking at building was a sentencing facility; and it may go into cooperation with Osceola County because Brevard County does not have enough individuals to justify a facility for Brevard County only. She stated those are generally State-funded and State-operated facilities; but if the Board wishes, it could approach another county. Commissioner Ellis stated that may be what Mr. Bedsen said, but being at Sarno Complex, he sees them coming in and out all day long; so there are plenty of juvenile offenders, not just with parents, but coming off the van in chains.

Chairman Cook advised the more specific the referendum is the more likely it would pass; one pod is needed; the County cannot afford the operating expense beyond that; and it has taken action on the minimum security facility which will help in the interim.

Commissioner Scarborough suggested the County Attorney and appropriate staff meet with representatives of the cities as soon as possible and discuss the nature of an interlocal agreement that would be mutually agreeable.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to direct the County Attorney and appropriate staff to meet with the cities to discuss the nature of an interlocal agreement that would be mutually agreeable.

Commissioner Ellis inquired if it would be a six-month tax; with Commissioner Scarborough responding that should be another motion. He stated the Board cannot say this is the way it is; it has to discuss it with the cities; and it will need a motion for the County Attorney to take to the cities.

Commissioner O'Brien inquired about the boot camp scenario; with Commissioner Ellis responding the Sheriff did not want to operate it and was concerned about security. Ms. Parker stated the Sheriff's office met with other Sheriffs to look at a joint effort with multi-counties, Volusia, Seminole, Orange, Osceola, and Brevard; they met for an extended period of time; and they declined the idea.

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

Chairman Cook advised the appropriate motion is to decide what direction the Board wants the negotiations to take; and he agrees with Option 2 as the best way to go and easier way to sell the referendum. Commissioner Ellis inquired if there is a way to designate it for police facilities only; with Mr. Jenkins responding the Board could do that, but it may not be used for the best purposes because they would be forced to expand the police stations; and this way they can use it for the 800 MHz radio system.

Commissioner Higgs advised the referendum could be worded so it would be designated for jail facilities; that would be very limited in the scope of use; and the Board should pursue that language. She stated the big issue is what will be acceptable to the public; the more narrow it is defined, the better the chance of the referendum passing, because people will know where the money will be used; so the Board should see if the language could be written that way. Commissioner O'Brien stated he agrees, and staff needs to make sure the Board does not want anything else except the jail, no radios, no cars, nothing, only the jail. Commissioner Ellis stated if that is the case, the only reason to meet with the cities would be to explain to them that it is a narrowly defined referendum, because it would not need an interlocal agreement. Ms. Wilson advised Florida Statutes require division of the sales tax unless there is an interlocal agreement that describes otherwise; that makes a quandary if the Board simply specifies it for jail purposes only; they could make a legal argument that the funds cannot be used by the cities because they do not have jails; but there is the possibility the cities would fight the County to recoup a portion of the money since the law requires division of the proceeds. She stated there is a good argument to be made from the County's perspective, but there is potential for litigation; and when the County last looked at this type of referendum, that is what the cities said. Commissioner Ellis stated staff can pursue an interlocal agreement with the cities on the jail, and those cities that do not want to agree need to hash it out in public rather than in private; so the Board needs to meet with all the cities first. He stated if some of the cities demand money and do not want to cooperate on the jail, the Board needs to let their citizens know so they can put pressure on their city councils. Commissioner Scarborough advised the last time he was designated to meet with the city representatives; the cities said they would not support it and would fight the County if it did not give them their share; the County did that and they did nothing; and it was unfair in a sense because the County had to carry the burden and they were holding the County hostage. He stated it benefits the cities if the County has good jails; but the staff should not enter into the concept of dealing with the cities and walking away with it unless there has been a substantial change in attitudes from the last time. He stated the cities said they can litigate or pass resolutions to see that it is defeated. Commissioner Ellis stated the Board should let the cities pass resolutions in opposition to the County expanding the jail and explain to their citizens when people get turned out because there is no jail space to put them in.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to direct staff to meet with the cities to discuss the interlocal agreement on the one cent sales tax, and to look at a referendum in March, 1996 to impose a one cent sales tax for a period of six months.

Commissioner Scarborough inquired what type of interlocal agreement would the Board want; with Commissioner Ellis responding all the money reverting to the County strictly for the jail and the County cannot use it for anything else.

Commissioner Higgs stated one pod is estimated at $13 million; the sales tax per year will generate $39 million; so the Board does not need six months. Ms. Parker advised it can only do it quarterly; the $13.6 million is a rough estimate and she anticipates it will be closer to $15 million if not more; and one quarter will only yield $10 million. Commissioner Higgs stated the Board should come up with a way to fund the other part and do it for one quarter. Mr. Jenkins stated it also depends on what time of year the tax will be collected, as it generates more revenue in December than in July. Commissioner Higgs stated if the Board goes with six months, it will collect about $20 million and people will wonder what it is going to do with the funds. Commissioner Ellis stated it could be kept in reserve to double bunk in the future. Ms. Parker stated one pod is 192 beds plus 40 to do specialized classifications; and the cost estimate does not include double bunking Pod B which would give an additional 96 beds. Commissioner Higgs stated if the Board went to referendum to double bunk Pod B, and expand one Pod, it would be close to $20 million. Ms. Parker stated with additional improvements, such as door renovations because of design flaws, they would be closer to $20 million. Commissioner Ellis stated he does not want to double bunk the pod until they can fill it. Chairman Cook stated it is important to stay as specific as possible on what the Board is doing.

Ms. Wilson advised another issue is the Citizens Jail Advisory Committee; the resolution is before the Board to re-establish that today; and it proposes they look at the issues and come back to the Board with recommendations. She stated the advisory board would not be able to act quickly enough to come back to the Board and give its input before the March referendum. She advised there were several changes in state laws dealing with sentencing; requiring 85% of sentence be served does not have a great impact, but the changes in sentencing guidelines that allow a larger category of inmates to be sentenced in county jails does impact the County; and they are starting to see an increase in the amount of sentenced inmates in the County jail. She stated some of the population figures they may be relying on from the 1989 study may be outdated; and her concern is not to have the Board open a pod and be in the same situation it was before with overcrowding.

Chairman Cook advised the Sheriff said what the Board has done so far will last two years; to open an additional pod is better than over building, and Commissioner Ellis pointed out the recurring expenses each year will be enormous. Ms. Parker stated the referendum ballot language must be received by the Supervisor of Elections by January 7, 1996.

Commissioner Higgs stated if the Board proceeds with the referendum language today, it is negating the need for an advisory committee; if it wants the people to look at it, then it should give the advisory group time to look at it; but it would not get their input back by the March Primary Election, so she assumes it will not be ready by March.

Commissioner Scarborough advised if the Board does not have discussions with the cities, there will be an impasse; if it does not have an advisory board, it will have difficulty passing the referendum; every time a referendum passed successfully in Brevard County, the Board had not been the prime advocate, but a citizen group has been; and every time the Board became the prime mover, it did not work. He stated if the Board does not have a group of citizens who think it is worthy, it is not going to pass; those citizens have to be without baggage and only for the good of the County; and maybe March is too soon, but if they do not shoot for March, when will they start. He stated he has no problem in trying to get the committee going; it may come back and say reconsider; maybe the interlocal agreement will not work out and the Board would have to go to the committee and ask it

to get involved; but he wants to proceed with both. Chairman Cook stated he concurs that the Board needs to set the course. Commissioner O'Brien inquired if Commissioner Scarborough is saying the public does not trust the Board; with Commissioner Scarborough responding absolutely, and the further away the Board is from the issue the better chance it has to pass.

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

RESOLUTION, RE: CREATING CITIZENS JAIL ADVISORY COMMITTEE

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution creating by appointment a Citizens Jail Advisory Committee for a period not to exceed one year to serve as special advisory committee on jail population and jail expansion issues to the Board of County Commissioners. Motion carried and ordered unanimously. (See page_____for Resolution No. 95-321.)

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to appoint Bill Hoffart, 925 Glenda Drive, Titusville 32780, Harry Sands, Brevard County Detention Center, P. O. Box 800, Sharpes 32959-0800, Michael Gooch, 5110 Seiler Street, Melbourne Beach 32951, Jim French, 55 Sea Park Boulevard #301, Satellite Beach 32937, and Harold Hewson, 2590 Minton Road, Melbourne 32904, to the Citizens Jail Advisory Committee. Motion carried and ordered unanimously.

DISCUSSION, RE: PARKING OF COMMERCIAL MOTOR VEHICLES

Commissioner Ellis advised the way the Ordinances are written, if a person has a commercial motor vehicle they can only park it overnight in BU-2 or IU zoning; it is impractical; there are a number of people who live on an acre or two and a half acre parcels and drive tractor trailers and bring the tractors home; according to the Ordinance they cannot park the tractors at their homes; and there needs to be some kind of flexibility in the rules. He related a story of a man who was turned in by his mother-in-law after a dispute with his wife, and the problem of having to find someone with the proper zoning classification and a way home. He stated it is a lot more restrictive than it needs to be if they have a large parcel; they would not park on the right-of-way and would park on their own property; and they should be allowed to take their trucks home.

Chairman Cook stated he does not have a problem looking at it for larger parcels if they do not park on the right-of-way and the vehicle belongs to the owner of the residence. Commissioner Ellis stated it is also important that the vehicle does not sit there for a year and is in normal use. Chairman Cook stated with conditions he would look at that; but the concern is certain commercial vehicles will devalue surrounding properties.

Commissioner Scarborough stated he does not have a problem looking at it, but he has subdivisions that are AU with everything residential for miles around, and some are very expensive homes; the problem is those people would find it offensive to have a truck parked out front. He stated as long as there are enough conditions, perhaps even to the extent of consent from neighbors, off the right-of-way, etc., he would not have a problem; but to open it up too much could create a problem. He stated some people want the agricultural type environment with a more expensive home, but that does not mean they want something else there. Commissioner Ellis stated some people may not care about the truck but do not want animals. Commissioner Scarborough stated in AU they know there are animals, but they do not know there is going to be a commercial vehicle. Commissioner Ellis stated it could be limited to one vehicle so there would not be abuse, and it would have to belong to the person who lives there.

Commissioner O'Brien inquired if it could be done through a CUP; with Commissioner Ellis responding a CUP requires a $400 fee, but it could be permitted with conditions. Commissioner O'Brien stated a CUP gives the neighborhood a chance to react; it would have to come to the Board for final approval; and there may be mitigating circumstances where the Board would have to deny it. Chairman Cook stated he would hate to see all those requests come to the Board, but if there are strong enough conditions, he would consider it.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to direct staff to return with options for parking of commercial motor vehicles in AU and GU zoning classifications as well as all commercial classifications. Motion carried and ordered unanimously.

DISCUSSION, RE: COMMUNITY BASED ORGANIZATION FUNDING PROGRAM CITIZENS ADVISORY BOARD

Commissioner Ellis advised the Board went through the process and did a good job the first time; there were areas he thought could be improved; they have five appointees, one from each Commissioner; and if they had two additional members from a non-profit service provider that does not receive funds and Children's Services Council, that would give seven members and more norming on the scores. He stated the way it was scored three people could give 95 or 100 and one gives zero and it pulled the overall score down; so the Board needs to establish a narrower range of scoring, maybe 60 to 100, to avoid that one person having the ability to pull down the whole score.

Commissioner Scarborough advised he found it worked best to rank them; if there are 20 applications, they would be ranked 1 through 20, so one person cannot pull it down; and recommended ranking in sequential order.

Chairman Cook advised the Committee was going to look at ways to improve the process; they recognized there could be a better way to do it; and he has no problem looking at it.

Motion by Commissioner Ellis, seconded by Commissioner Higgs, to approve two additional members to the Community Based Organization Funding Program Citizens Advisory Board, representing a non-profit service provider that is not a recipient of funds and the Children's Services Council; and direct the board to establish a norming function for scoring consistency and that applicants make presentations to said board. Motion carried and ordered unanimously.

APPOINTMENTS, RE: 1996 CANVASSING BOARD

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to appoint Chairman Cook and Commissioner O'Brien to the 1996 Canvassing Board. Motion carried and ordered unanimously.

DISCUSSION, RE: ADVISORY BOARD ABSENCES

Commissioner Higgs advised she heard from a number of sources that there are people on various boards that have absences caused by personal businesses or other personal emergencies that may not be under the definition that is excused since it is not an illness or emergency; and suggested the Board consider adding to page 2, Unexcused Absences, "Personal emergencies or business requirements may be excused by the board or committee chairman." She stated that would allow a little leeway for people who are volunteering their time.

Chairman Cook recommended a cap, such as three excused and three unexcused absences; with Commissioner Higgs responding that is okay, but the Board needs to make accommodations for those people. Commissioner Scarborough recommended two excused and three unexcused.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve three un-excused absences and two excused absences for members of advisory boards and committees; and direct the County Attorney to add a phrase to page 2 of Ordinance No. 95-31, under Unexcused Absence, that says, "Personal emergencies or business requirements may be excused by the board or committee chairman." Motion carried and ordered unanimously.

REQUEST FOR WAIVER OR REDUCTION OF CODE ENFORCEMENT BOARD FINE AND RELEASE OF LIEN, RE: 650 S. BANANA RIVER DRIVE, MERRITT ISLAND Commissioner Scarborough advised his concern about releasing liens is not to get in a habit of reducing fines without a reason for the reduction; staff gave the Board a memorandum with some degree of justification for the reduction; and he does not want to rehear it, but his concern is when the Board gets requests for reductions it not be done as a matter of course and gets an explanation of why it should be reduced.

Code Compliance Director John Sternagel advised they will be glad to add a summary to the agenda items in the future. He stated on this item, Mr. Roger Arthur made the motion that a recommendation be made to reduce the fine to $2,900 plus $300 administrative cost for a total of $3,200. He stated the discussion included that the case has been going on for two years; it was a health and safety issue that should have been resolved a long time ago; the fine has been accruing and he was aware of it; it was an appropriate fine for the violation; it was never corrected until a later date; and the fine should be paid for not coming into compliance.

Commissioner Scarborough requested justification for the reduction; with Mr. Sternagel responding it was a health and safety issue; the kitchen sink was the main violation that was not repaired in a timely manner and drained onto the ground; the Code Board heard all the facts and issues; and through its evaluation believed the fine should be reduced.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to return the request for waiver or reduction of Code Enforcement Board fine and release of lien on 650 S. Banana River Drive, Merritt Island, to the Code Enforcement Board for justification.

Commissioner Ellis stated the justification is that everything was fixed except the sink; with Commissioner Scarborough stating the sink was the health issue which should not be overlooked. Chairman Cook called for a vote on the motion. Motion carried and ordered; Commissioners Scarborough, O'Brien, and Higgs voted aye; and Commissioners Ellis and Cook voted nay.

Commissioner Ellis stated the last meeting of the Code Board went until 1 or 2:00 a.m. and started in the afternoon; and if the Board wants to keep volunteers on that Board, it needs to do something about the workload.

Chairman Cook inquired if there was a County Attorney from 4:00 p.m. to 6:00 p.m. at the Code Board meeting; with Code Enforcement Supervisor Ron Burch responding he came in about 5:30 p.m.; the Board went through the initial hearings of those people who wanted to plead non-compliance; and there were no cases heard. Chairman Cook inquired if there is a County Attorney there from the beginning to the end; with Mr. Burch responding the Code Enforcement Board's attorney was there, and the County's side, which is the prosecution side, was not there until 5:30 p.m. County Attorney Scott Knox advised generally his staff is there to prosecute cases; the Code Board has its own attorney; and there were no prosecutions going on so his staff would not have been there. Chairman Cook stated there was concern about legal advice expressed by a citizen.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCES REVISING ANIMAL CONTROL ORDINANCE AND ANIMAL NOISES IN CHAPTER 14 OF THE CODE

Rosemary Elrod, 367 MacArthur Circle, Cocoa, advised she has a letter to give to each Commissioner; and is here to speak against removing tropical birds from Chapter 46. She stated they have a problem in their neighborhood with the birds; through Animal Control or Code Enforcement, the owners have moved the birds to the back of the property and it is better; but it is still noisy although they can tolerate it. She stated if tropical birds are removed entirely, they will not have anything to fall back on in case they have a problem again; she represents her neighbor also who cannot be here because she is in a wheelchair and on oxygen; and they want the Board to consider that and their concerns when it votes on the issue because it is very disturbing. Ms. Elrod stated they cannot hear inside their own home with the doors and windows closed and television on; and it is difficult to talk on the telephone. She stated there are deed restrictions against fowl; and the deed states, "Only household pets shall be kept on a property or on a leash. No poultry, fowl or other animals shall be on the property." She noted it is recorded in Plat Book 616, Page 135, MacArthur Heights, and that should be another reason not to have tropical birds.

Commissioner Ellis stated that is in the deed restrictions which are enforced through the courts and not through a County Ordinance.

Commissioner Scarborough stated page 2, Section 1(a)(10) the Board is deleting 100 feet for birds from abutting residentially zoned properties.

Commissioner Ellis advised AU is considered residential; and if the 100 feet is required in all directions, that would be approximately one acre and would apply to every home in the County. He stated Ms. Elrod has recourse under the Deed Restrictions even if the tropical birds are eliminated; with Commissioner Scarborough responding it only applies where there are deed restrictions. Ms. Elrod inquired if the Board is removing the noisy animals and birds; with Chairman Cook responding the item is to request a public hearing; it is not final action; but that is the proposal.

Chairman Cook advised Eden Bentley's memo on dangerous dogs says, "However, shortening the length of time a dog is considered dangerous is highly unlikely"; and inquired what it meant; with Mr. Knox responding it was a transposition.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant permission to advertise a public hearing to consider an ordinance revising the Animal Control Ordinance, Chapter 14, Code of Brevard County without deleting the 100 feet in Section 1(a)(10).

Commissioner Ellis stated the Board had at least half a dozen meetings on this issue; it went to strike it out because it showed that the 100 feet was fine until it started calling AU property as residential; and the way it is written, it still says residentially-zoned property. He stated they cannot always meet 100 feet in all directions.

Commissioner Higgs stated tropical birds seem to be an increasing problem as they get more popular; to people who have those birds as neighbors, it is a very big problem; and another thing she wants the Board to consider is noise from motorized vehicles, namely personal watercraft as they operate close to homes. She stated the noise from those crafts are causing a lot of problems; and recommended including on page 4, Section 15, "The intentional, repeated creation of loud and raucous noise through the operation, acceleration, turning, or stopping of any motorized vehicles, including personal watercraft"; and change the name from "Screeching Tires" to "Motorized Vehicles." Commissioner Scarborough recommended specifying the operation of watercraft; with Commissioner Higgs responding she is not concerned about one airboat or a personal watercraft that goes by, but many people are being disturbed by continuous, repeated, intentional operation of watercraft.

Chairman Cook inquired if it would prohibit someone who lives on the water from operating a skidoo; with Commissioner Higgs responding the intentional, repeated creation of loud and raucous noise would do it.

Assistant County Manager Joan Madden advised the Board is talking about changes in the Code Enforcement's Ordinance, but this is to advertise the Animal Control portion. Commissioner Higgs stated it amends the Noise Ordinance to take out the AU portion on the birds. Ms. Madden advised it only deals with that particular thing and not boats and screeching tires. Commissioner Higgs stated if the Board is amending the Noise Ordinance also, she would like to consider those changes. Ms. Madden stated she did not think this item also dealt with changes in Code Enforcement Chapter 46. Commissioners Scarborough, Higgs, and Ellis all stated it is in the packet. County Attorney Scott Knox advised it was to take the bird noises out of the Noise Ordinance and put it in the Animal Control Ordinance; and the Board wants to expand the provisions of the Noise Ordinance to cover the additional item that was not originally contemplated.

Commissioner Ellis advised there are laws on the books about operating motorized vehicles too close and too loud on the river; it is a Marine Patrol issue; and inquired how is Code Enforcement going to enforce the law.

Commissioner O'Brien stated Marine Patrol has nine boats, the Sheriff has skidoos, Cocoa Beach has its watercraft, and every municipality has a wet unit that goes out on the water. He stated skidoos that are making noise have to come back to land sometime; and when they do, Code Enforcement can be waiting for them or a police officer if the problem is that severe. He stated a person with a video camera could go out there and tape it, then press charges; there are many ways it can be done; and to worry about how it will be enforced is nonsensical.

Commissioner Ellis inquired if Code Enforcement can act on a video tape; with Chairman Cook responding if someone fills out a complaint. Commissioner Ellis inquired if someone turns in a video tape, will Code Enforcement have someone sitting out there for hours waiting for the person to land; and what if the person goes in the opposite direction, how much time will Code Enforcement spend out there. He stated he does not want to pass an ordinance that will not be enforced; it is not practical; and the only point is to be involved in a neighborhood war when someone complains every time a neighbor takes his or her boat out.

Chairman Cook stated he does not mind moving forward, but cannot say if he will vote for it because he has concerns with people taking their boats out and Code Enforcement being called. Commissioner Higgs stated the language she suggested says intentional, repeated loud and raucous noise; the problem is not from a neighbor going out, but the repeated use of vehicles near someone's back yard; and it is not fair to those people. Commissioner Ellis stated he understands, but from a practical point of view, how will it be enforced. He stated the answers he got were that it is a marine patrol issue and a violation of the law that already exists; and inquired how will Code Enforcement enforce it under the Noise Ordinance.

Commissioner Scarborough advised of a problem with people denied the enjoyment of their home because of what was occurring; and stated noise is one of the most offensive things that occurs and can come close to driving people crazy. He stated for the Board to say it is not a problem is not responding to what is occurring; and when the Board originally talked about it, it moved away from the idea of decibels. He stated decibels may be the intelligent way to proceed because it becomes objective; the prior Board talked about it, but there were some objections; and there is equipment they can use to test decibel readings to determine if there is or is not a problem. He stated if there is a problem, the person causing the problem can be told to move to bring the decibel level down; and if the Board wants to look at decibels, it should be put on the Agenda. He noted Commissioner Ellis is concerned about how it can be enforced; and it can be resolved scientifically.

Chairman Cook advised he agrees that noise can ruin the quality of life; and the Board can come up with something that does not create a call to Code Enforcement when a neighbor takes his or her boat out. Commissioner Scarborough stated if the decibels are high, the boat owner can be told to move further out in the river; with Commissioner Ellis responding how will they be told to move further out. Chairman Cook asked Commissioner Higgs to repeat the motion.

Commissioner Higgs advised her motion was to include in Section 15, "The intentional, repeated creation of loud and raucous noise through the operation, acceleration, turning, or stopping of any motor vehicle. This shall include the operation of watercraft"; and change the title from "tire screeching" to "motorized vehicles." Commissioner Scarborough stated he seconded the motion.

Commissioner Ellis inquired if someone lives next to a marina, will the marina be responsible even though each person only goes out one time.

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

Commissioner Scarborough requested staff provide each Commissioner with information on decibel discussion next week so if there is an interest, it can be added to the ordinance.

Commissioner Higgs advised the intention of the Agenda item was to move the animal noise portion into the Animal Control Ordinance; and inquired if the Board passes this item will it see both Ordinances, Noise and Animal Control; with Chairman Cook responding yes.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to authorize advertising public hearings to consider an ordinance amending the Animal Control Ordinance regarding dangerous dogs, and to consolidate regulation of animal noises, etc.; and to advertise public hearing on an ordinance amending the Noise Ordinance to include changes to Section 15. Motion carried and ordered; Commissioner Ellis voted nay.

AGREEMENT WITH FLORIDA VACATION STORES, AND AUTHORIZE CO-OP AGREEMENT WITH KENNEDY SPACE CENTER SPACEPORT USA, RE; STOREFRONT DISPLAYS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreements with Florida Vacation Stores for display and rack space in the amount of $20,900 plus production costs; and authorize execution of a Cooperative Advertising Agreement with Kennedy Space Center Spaceport USA to reimburse the County 50% of the storefront panel or a minimum of $10,000. Motion carried and ordered unanimously. (See pages _____for Agreements.)

DISCUSSION, RE: NOISE AND ANIMAL CONTROL ORDINANCES

Commissioner Ellis stated the language that was put back in the Noise Ordinance conflicts with the language being put in the Animal Control Ordinance; they are not the same; and he hopes the Board understands that.

Commissioner Higgs stated she is confused about what language Commissioner Ellis is talking about; with Commissioner Ellis responding the Noise Ordinance says residential property and that is where the Board got caught up with AU being residential; the language going into the Animal Control Ordinance says "non-AU residential".

Commissioner Scarborough inquired if the Board wants to hold it and bring it back to the next meeting; with Commissioner Ellis responding it is coming back. Commissioner Scarborough stated it is coming back for adoption; but if Commissioner Ellis has concerns, maybe it should be held. Commissioner Ellis stated it does not match; if the Board puts the Noise Ordinance back the way it is right now and adopt the language added to the Animal Control Ordinance, the two languages do not match. Commissioner Higgs stated when it is brought to the public hearing, the Board can bring the two languages together as long as they are advertised right. Commissioner Ellis stated everybody better be aware that they do not match when it comes back for a public hearing.

AGREEMENT WITH GOTTLIEB'S FINANCIAL SERVICES, INC., RE: EMS AMBULANCE SERVICE BILLING

Don Passaro, 520 NW 165 Street, Suite 201, Miami 33169, representing Advanced Data Processing, advised the vendor who is now providing billing and collection services for EMS and ambulance transport was awarded the Contract by the County on January 1, 1990; the Contract came up for review in December, 1994; and during that period they have been in contact with the County and awaiting the opportunity to be considered for providing such services. He stated the extension was allowed for one year, through the end of 1995, which would make it six years the vendor has been serving the County; and during that time a significant number of changes have occurred in the industry; principly from technology. He stated they have put a significant investment into other methods and techniques which will allow them to provide better levels of service than might have been considered six years ago; consequently, they would like to encourage Brevard County to do what is prudent and open up for bid to consider other people being able to provide those services. Mr. Passaro advised concern was mentioned about the transition of bringing in another vendor; he can assure the Board of their experience with a considerable portion of South Florida, Metro-Dade, as well as Tampa, and smaller accounts also; and they were able to provide transition within one week of a decision to turn over. He stated they can minimize any type of impact and put to rest that concern; and encouraged the Board to open it up for bid, as it has nothing to lose and all to gain.

County Manager Tom Jenkins advised this item got by him; he initialed it but does not recall it; he has been contacted by two other companies interested in bidding on the service as well; and recommended going to bid on it. Assistant County Manager Joan Madden recommended extending the existing Contract if the Board plans to bid the service, as they would not be able to get the RFP completed prior to expiration of the Contract.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to authorize execution of an Amendment to Agreement with Gottlieb's Financial Services, Inc. for a period of four months to provide EMS ambulance services billing; approve EDI Enrollment Form to permit the Agency to file Medicare claim forms electronically with the Health Care Financing Administration or its contractors; and direct staff to prepare an RFP for the service. Motion carried and ordered unanimously. (See page _____for Amendment to Agreement.)

APPROVAL OF CHANGE ORDER NO. 11 TO AGREEMENT WITH BROWN & ROOT BUILDING COMPANY, RE: HARRY T. AND HARRIETTE V. MOORE JUSTICE CENTER

Commissioner O'Brien advised the Board continues to get change orders concerning the Justice Center; and paragraph 2 of the Change Order, Authorization No. 13, came out close to $13,000 to revise door type, size, hardware group, and frame of the evidence storage room within each courtroom. He inquired why the design engineer made such an expensive mistake. He stated the County already paid a group to design the building; and inquired how many mistakes is the Board going to allow them to make.

Facilities Construction Director Joseph Vislay advised it was an error on the documents; when they put together a hardware and door frame schedule, they use a number designation; there are over 500 doors in the Justice Center; they misnumbered the hardware and door frame type; so there was a wrong hardware group specified. He stated the County will get credit for the incorrect hardware; the wall construction was not missed and was the proper type; but it was a mistake in the numbering on the schedule. Commissioner O'Brien inquired whose mistake; with Mr. Vislay responding the architect's. He stated if it was in the bid at the beginning, the County would have paid the same amount of money for the project; and they got full credit for the original hardware that was incorrectly specified. Commissioner O'Brien inquired what is the $13,000 for; with Mr. Vislay responding that is the difference between security hardware and regular hardware. Commissioner O'Brien stated Brown & Root bid the building based on the original doors that were $13,000 less; and inquired who pays for that since the County did not make the mistake. Mr. Vislay repeated that the County is not paying any more money for the project, but is paying the difference for the additional security items. Commissioner O'Brien stated that does not answer his question; and if the design engineer made a $13,000 error on door frames and the building is put out to bid with the old door frames, then they need other kinds of door frames, the designers should be responsible for the mistake. He stated the County paid the designers to do their job, design the building, and not make mistakes like that; and it should not come out of the County's pocket as additional expense above and beyond the original bid. Mr. Vislay repeated previous comments that it is not paying any more additional monies. He stated it is less than a half of a tenth of a percent of the total 18.5 million dollar project; the Board cannot expect designers to have that kind of perfection; and that is why it carries 3 to 5% contingency which is what they have in the project, and only spent $50,000 of the $550,000. Commissioner O'Brien inquired how much did the County pay the design architects; with Mr. Vislay responding 1.1 million dollars which is about 7% of the project; and repeated previous comments about the County not paying additional monies. Commissioner O'Brien advised Item 3 is for $2,500 for two floor drains with trap primers and two valves in a vending room; and inquired if the designers did not know the vending room would have drains; with Mr. Vislay responding not all vending areas need to have them, so they did not catch it; and on a project of this size and complexity, there will be changes because it is unrealistic to expect the designers to be perfect. Chairman Cook stated any change order will be scrutinized very closely. Mr. Vislay advised staff has been through this change order on three different occasions and revised it before it came to the Board. Mr. Jenkins advised he authorized the drains because it is to the County's advantage to put them in rather than be sorry later if it did not. Chairman Cook stated the Board wants to keep a tight reign on the project.

Commissioner Scarborough inquired what action is being asked for; with Commissioner O'Brien responding he is asking questions because at every meeting there is a change order; he understands changes may be needed, but they are starting to pile up; staff says there is a contingency fund to take care of that, but that is not the answer; the answer is whose fault is it and who should pay for them. He stated when the County pays an architect one million dollars, there should be some kind of guarantees that if it is designed wrong and it costs the County extra, he should pay for his mistake. Mr. Vislay advised had the doors been installed and the County was not able to receive full credit, they would expect the architectural firm to pick up the expense because it would have cost extra money and it was not what the County contracted for; but in this instance, it did not cost additional money.

Motion by Commissioner Scarborough, to table Change Order No. 11 to Agreement with Brown & Root Building Company for the Harry T. and Harriette V. Moore Justice Center.

Chairman Cook recommended the motion to table be held until everyone has spoken.

Commissioner Ellis advised if the doors were correctly specified on day one, the overall contract would have been $13,000 more than it was. Commissioner O'Brien stated he is not questioning that; it was not the train of thought in his head; and Mr. Vislay answered his questions well, but what he is trying to draw attention to is that more and more change orders are coming through; and the Board should take hard looks at them or it will take hard whacks from the public.

Commissioner Higgs inquired what is the total cost of changes incurred to date; with Mr. Vislay responding $50,000 on the construction manager's agreement of about $16,000,000. Commissioner Higgs stated she agrees there was a mistake and someone made an error in the numbers when ordering things; but having done some building, she does not remember a building project she was involved with that they had perfection; and looking at this project today, so far it has been okay and there is nothing out of line; and the Board should approve it, so she will not vote to table it.

Commissioner O'Brien stated he is sorry to do this to Commissioner Scarborough, but he does not find a good reason to table it, as Mr. Vislay gave him good answers. Commissioner Scarborough stated the County Attorney should look at the procedure; it is a different office and different perspective; Mr. Vislay is basically a facilitator to make things work in construction; and the County Attorney looks at things differently. He stated it is not a major change order so he does not see a problem waiting a few days to get an answer. Mr. Jenkins advised the Change Orders in effect have already been authorized in accordance with County Procedures because he is authorized to do it as opposed to holding up construction and delaying the project. He stated the real issue is the legal question whether or not there is liability on the part of HOK; and it has no bearing on the Change Order that has been authorized.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Change Order No. 11 to Agreement with Brown & Root Building Company for Harry T. and Harriette V. Moore Justice Center, increasing contract amount by $19,070.93 for drains and security doors. Motion carried and ordered unanimously. (See page _____for Change Order No. 11.)

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to direct the County Attorney to review the discussion on change orders and give the Board his insight. Motion carried and ordered; Commissioner Ellis voted nay.

AWARD OF BID AND CONTRACT, RE: BID #B-2-6-15, JANITORIAL SERVICES FOR SOUTH BREVARD

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to reject the low bid of Lewis Cleaning at $1,900; award Bid #B-2-6-15, Janitorial Services for South Brevard, to second low bidder ABD Janitorial at $2,344.18; and authorize the Chairman to execute a contract with ABD. Motion carried and ordered unanimously. (See pages _____for Bids, Recommendation and Agreement.)

APPROVAL, RE: COMMISSIONERS LIAISON ASSIGNMENTS

Chairman Cook advised he tried to switch around some of the items so Commissioners got different committees to serve on; he served on the Water Board and it was very good for him; and requested he be allowed to serve on the Water Board until the next meeting because it will be voting on a draft report, and he has been in the process for a year.

Commissioner Higgs advised there is an National Estuary Program (NEP) meeting scheduled for December 7, 1995 in Melbourne.

Commissioner Ellis stated he does not want to be on the Value Adjustment Board if they do not hear the cases. Commissioner Scarborough stated he will take the Value Adjustment Board and prefer to get off the East Central Florida Regional Planning Council. Chairman Cook inquired if Commissioners Ellis and Scarborough want to switch; and both agreed.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Commissioners Liaison Assignments as follows:

District 1: Circuit Conflict Committee, MPO, Public Safety Coordinating Council, Value Adjustment Board, and Visioning Study Committee.

District 2: Aquaculture Task Force, Brevard Water Supply Board after December 18, 1995, East Central Florida Regional Planning Council, Election Canvassing Board, MPO, Tourist Development Council, and Value Adjustment Board.

District 3: Beach Erosion Control Advisory Committee, MPO, Primary Health Care Panel, SCDP Steering Committee, and Value Adjustment Board.

District 4: Economic Development Commission, Election Canvassing Board, Indian River Lagoon National Estuary Program Policy Committee, MPO, Rotary Park at Suntree Community Committee, and Wickham Park Advisory Ad Hoc Committee.

District 5: Art in Public Places Advisory Board, Children's Services Council, Extension Advisory Council, MPO, VA Hospital Liaison, and East Central Florida Regional Planning Council.

Motion carried and ordered unanimously.

PUBLIC COMMENTS, RE: PARRISH MEDICAL CENTER

Bea Polk, 101 River Park Boulevard, Titusville, advised two weeks ago they wrote asking how they can get public records; they want to know how much taxpayers paid for a private attorney for Rod Baker to take their depositions; and they also asked how much the employees worked on it and how much the attorney for the Hospital worked on it, but they have not received the public records. She stated they called and were told Mr. Baker is busy; and inquired if there is anyone who can give them paper work out of the Hospital that is public records without going through Mr. Baker. Ms. Polk advised she asked the Chairman of the Hospital Board about the bills going through the Board and the Board approving them; she was informed the bills only go through Mr. Baker and the Chairman without going to the Board for approval; and he said they do not have time to worry about bills. She stated she worries about bills and where the money is going; and inquired if there is any way they can go through the bills and look at them, since they have gotten no where with the public records. She asked the Board not to tell her to go to the State Attorney because Mr. Hobbs informed her the last time she went and filled out a form that he was not going to do anything against the Hospital; he is the Assistant to the State Attorney; and inquired where they can go to get the information.

Commissioner Ellis inquired what public information Ms. Polk wants; with Ms. Polk responding the bills from the private attorney from Orlando who is serving Mr. Baker, and bills from the Hospital's attorney and how much employees worked on the issue and how much it cost the taxpayers. Commissioner Ellis stated he does not know how they could get information on the employees' time.

Commissioner Scarborough inquired about the status of the memorandum from the County Attorney; with County Attorney Scott Knox responding he finished the research before he took ill, so he should be able to get that out this week. Commissioner Scarborough stated one thing he hears, not just from Bea Polk, is that the Hospital records are public records; it is an issue that needs to be addressed; apparently the Hospital is responding to similar comments to the City of Titusville; and Senator Charles Bronson is asking what the Board wants the Legislative Delegation to do regarding the Hospital. He suggested scheduling the item on the Agenda for December 12, 1995, to respond to the Senator before the County makes its presentation on December 14, 1995 to the Delegation.

Chairman Cook directed the County Manager to schedule the item regarding Parrish Medical Center on the Agenda for December 12, 1995 meeting; and directed the County Attorney to have the memo responding to questions the Board raised previously for the meeting.

DISCUSSION, RE: CHANGES TO 1996 BOARD MEETING SCHEDULE

County Manager Tom Jenkins advised the Board moved the LDR hearing to March 12, 1996 to combine it with a regular meeting; the previous LDR hearing was scheduled for March 7, 1996 which is not far enough apart; and recommended canceling the March 7 meeting and combining it with the evening meeting of February 13, 1996 to solve the problem.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve change to the 1996 Board Meeting Schedule as recommended by the County Manager. Motion carried and ordered unanimously.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 1:11 p.m.

ATTEST:
						__________________________________
						MARK COOK, CHAIRMAN
						BOARD OF COUNTY COMMISSIONERS
							BREVARD COUNTY, FLORIDA

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SANDY CRAWFORD, CLERK

     (S E A L)