Oct 27 1998
The Board of County Commissioners of Brevard County, Florida, met in regular session on October 27, 1998, at 9:00 a.m., in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Helen Voltz, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs, and Mark Cook, County Manager Tom Jenkins, and County Attorney Scott Knox.
The Invocation was given by Chairman Helen Voltz.
Commissioner Mark Cook led the assembly in the Pledge of Allegiance.
APPROVAL OF MINUTES
Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve the Minutes of August 18, 1998 Regular Meeting. Motion carried and ordered unanimously.
REPORT, RE: WALL OF COUNTY COMMISSIONERS
Chairman Voltz advised of pictures of County Commissioners on the back wall of the Commission Room, and thanked Sharon Luba and whoever helped her to obtain, frame, and hang the pictures.
REPORT, RE: JOINT CENTER SUSTAINABLE COMMUNITY AWARDS
County Manager Tom Jenkins advised of a request from the City of Titusville to submit an application for a Joint Center Sustainable Community Award for its First Time Home Buyers Program.
Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize the Chairman to sign the application for the Joint Center Sustainable Community Award with the City of Titusville for its First Time Home Buyers Program. Motion carried and ordered unanimously.
REPORT, RE: VOTING EQUIPMENT
Supervisor of Elections Fred Galey advised they averted a problem with the voting equipment which exceeded capacity to count; they had to change chips in the tabulation boars and run tests; and the tests were successful and the equipment recertified by the State.
Mr. Galey advised Chapel By The Sea handicap ramp is not completed; they will look for an alternate polling place; and in the meantime accommodations will be made for the gentleman in a wheelchair.
Mr. Galey recommended fire stations be constructed to include recreation rooms for fire fighters and for election polling places.
Commissioner Cook inquired if escorting ballots will be done; with Mr. Galey responding the ballots will be safe and there will be deputies available.
REPORT, RE: STATUS ON EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL
Commissioner Scarborough advised the East Central Florida Regional Planning Council voted to restructure its membership; cities are out as voting members; counties, gubernatorial appointees, and members from the League of Cities are in; Orlando will be a permanent member; and they will keep the Blue Ribbon Committee. He stated the question of relevancy is what the County wants; it has an opportunity to be proactive; and the Port wants to participate in more active planning.
Chairman Voltz inquired about funding; with Commissioner Scarborough responding there are questions about the funding; to move it away from the counties is to bring in prime movers such as the Port, Disney, International Airport, etc. that have deeper pockets; and they hope it is not the end but the creation of something better.
REPORT, RE: SECOND ANNUAL SPACE COAST FLY AWAY FESTIVAL
Commissioner Scarborough advised Titusville Area Chamber of Commerce will sponsor the second annual Space Coast Fly Away Festival on November 12 through 15, 1998; they have an extensive program this year; Merritt Island National Wildlife Refuge, and Merritt Island Wildlife Association are also sponsoring the event; and brochures have been provided in the back of the room for interested persons.
REPORT, RE: MERRITT ISLAND FOOTBALL GAME
Commissioner O'Brien advised he attended the Merritt Island versus Osceola and it was an exciting game.
REPORT, RE: LETTER OF SUPPORT OF HEALTHY FAMILIES GRANT
Commissioner Higgs requested a letter of support from the Board for United Way and other unified groups to apply for the Healthy Families grant.
Motion by Commissioner Higgs, seconded by Commissioner Cook, to authorize the Chairman to send a letter to Rob Rains, President of United Way of Brevard County, supporting their efforts to service a Healthy Families Grant for Brevard County. Motion carried and ordered unanimously.
REAPPOINTMENT, RE: MELBOURNE-TILLMAN WATER CONTROL DISTRICT Motion by Commissioner Cook, seconded by Commissioner Higgs, to reappoint Kenneth Carah to the Melbourne-Tillman Water Control District with term expiring September 30, 2001. Motion carried and ordered unanimously.
REPORT, RE: RESCHEDULING OF OCTOBER 29, 1998 BOARD MEETING
Chairman Voltz advised because of the Shuttle Launch with John Glenn, and the anticipated traffic congestion, the Board may want to consider rescheduling the October 29, 1998 Zoning Board meeting to another date. She noted she, Commissioner O'Brien, and Commissioner Cook may be going to the launch site; it is important to be there, as there will be a lot of people who will know whether the Commissioners are there or not; it is one time for Brevard County to shine; it is historic; and the Commissioners should be there to support the community. She stated Emergency Management will be operating its center; one million people are expected to view the launch; it was suggested the meeting be moved to 7:00 p.m.; and inquired if the Board wants to cancel the meeting and reschedule it.
Commissioner Cook inquired if it can be moved to next Thursday, as residents may not be able to make it to the meeting even at 7:00 p.m. County Manager Tom Jenkins advised it will be the Thursday after the elections. Chairman Voltz stated her husband will be sworn in that night if he is elected; and inquired if the December 3, 1998 meeting could be combined.
Commissioner Scarborough stated it can be published, but not everyone reads the newspaper; beyond that, notices should be sent to everyone involved; he has a problem of notices not getting out; and he wold prefer to have the meeting later than Thursday so people can be notified.
Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to reschedule the October 29, 1998 meeting to December 3, 1998.
Commissioner Cook recommended scheduling it for November 30, 1998 rather than combining two zoning meetings. Commissioner Higgs stated she asked the Sheriff who feels there is a high probability that traffic will be cleared out by 7:00 p.m. Chairman Voltz recommended starting the meeting at 4:30 p.m.
Discussion continued on time and date of meeting, delay of the launch, cost of notices, readvertising seven ordinances, and people arriving at 5:00 p.m. having to wait until 7:00 p.m.
Commissioner O'Brien accepted the amendment to reschedule the meeting to November 30 ,1998 at 4:30 p.m. for the ordinances and 5:30 p.m. for the zoning items; and Commissioner Voltz agreed. Chairman Voltz called for a vote on the motion as amended. Motion carried and ordered unanimously.
RESOLUTION, RE: PROCLAIMING BREVARD ACHIEVEMENT CENTER DAY
Chairman Voltz read aloud a resolution proclaiming November 5, 1998, as Brevard Achievement Center Day in recognition of its 30th Anniversary.
Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution proclaiming November 5, 1998, as Brevard Achievement Center Day. Motion carried and ordered unanimously.
Chairman Voltz presented the Resolution to Dayle Olson. Mr. Olson stated they service 780 people annually; they survive because of the support from people and the Board; and they would like to be around to celebrate 40, 50 and 60 years.
RESOLUTION, RE: PROCLAIMING SERVICE ANIMAL WEEK
Commissioner Higgs read aloud a resolution proclaiming November 8 through 14, 1998, as Service Animal Week.
Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution proclaiming November 8 through 14, 1998, as Service Animal Week in Brevard County. Motion carried and ordered unanimously.
Commissioner Higgs presented the Resolution to Frank and Brenda Van Langen and "Dodger" their service dog. Ms. Van Langen gave a summary of the progress that has been made with service animals, how animals are chosen for people, and read a report on tasks of animals. Mr. Van Langen advised of his wife's health problem from an automobile accident and how her life has changed because of Dodger; and requested the Board display a poster to make people aware of the animals and the services they provide.
RESOLUTION, RE: COMMENDING EAGLE SCOUT SAMUEL L. LECKRON
Commissioner Scarborough read aloud a resolution commending Samuel L. Leckron for attaining the Eagle Scout award, and who chose the renovation of the fellowship hallway, doors and classrooms of the First Presbyterian Church of Titusville as his project.
Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution commending Samuel L. Leckron for attaining the Eagle Scout award. Motion carried and ordered unanimously.
Commissioner Scarborough presented the Resolution to Samuel Leckron who thanked the Board for its recognition, noting it was long and hard work but worth it.
PRESENTATION, RE: GFOA DISTINGUISHED BUDGET PRESENTATION AWARD
County Manager Tom Jenkins advised the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award is given by peers around the nation who set standards and protocol for government budgets; the award reflects the overall quality of the County's budget document which has improved continuously over the years; and he is pleased to recognize the Budget Office for their hard work.
Budget Director Kathy Wall thanked the Board; stated it takes a lot of effort to develop the budget; and County staff, management, and the Board help them to develop a budget they can submit and receive the award for every year for the past five years. She introduced her staff Neil Boynton, Dennis Rogero, Shai Francis, Diane York, and Pam Wallace. Chairman Voltz presented the award to Kathy Wall.
REPORT, RE: REVISION 7, STATE COURTS FUNDING VIDEO
Chairman Voltz advised the Florida Association of Counties asked her to present a video on Revision 7 regarding State funding of the courts. The Board watched the video.
Commissioner Scarborough inquired if the opposition group wants to come in with a video, will the Board allow it; with Chairman Voltz responding yes. Commissioner Scarborough inquired if the Revision passes, where will the State money come from; with Chairman Voltz responding sales tax so that people who do not own homes and tourists will pay.
Commissioner Cook stated the problem is the Revisions contain other things, and it is a disservice to the public who want to vote for things they like and not for things they do not like.
Commissioner Higgs stated it is a procedural issue; and the Board needs to be clear in using Commission time to advocate the amendment, as it will open it up to what is properly shown at the meetings. Commissioner Cook stated there are individuals who oppose the amendment, so the Board needs to be careful and present both sides of the issue.
FINAL PLAT APPROVAL, RE: SUNSET RIDGE ESTATES SUBDIVISION
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant final plat approval for Sunset Ridge Estates Subdivision, 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. Motion carried and ordered unanimously.
FINAL PLAT APPROVAL, RE: SUNTREE NORTH, FOREST LAKE VILLAGE, UNIT ONE
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant final plat approval for Suntree North, Forest Lake Village, Unit One, 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. Motion carried and ordered unanimously.
CONTRACT WITH THE VIERA COMPANY, RE: IMPROVEMENTS IN VIERA, TRACT Z, CLUBHOUSE DRIVE, PHASE 1
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Contract with The Viera Company guaranteeing infrastructure improvements in Viera, Tract Z, Clubhouse Drive, Phase 1. Motion carried and ordered unanimously.
PERMISSION TO HOLD OUTSIDE MUSIC EVENT AND ACCEPT PERMIT PACKAGE, RE: CHILDREN'S HOME SOCIETY
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant permission to hold an outside Swingfest music event for the Children's Home Society at Space Coast Stadium from 4:00 p.m. to 11:00 p.m. on November 7, 1998, and accept the submitted medical personnel and security plan. Motion carried and ordered unanimously.
APPROVAL, RE: SOUTH BREVARD LINEAR PARK CORRIDOR
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve including the South Brevard Linear Park corridor connecting the proposed Malabar Sandhill Trail south to Sebastian Buffer Preserve as an unfunded project in the Capital Improvements Program; authorize staff to apply for grant funding for design, acquisition and construction of the project; include proposed project in the State Greenways Master Plan; and develop appropriate policies relating to linear parks to be included in the next Comprehensive Plan update. Motion carried and ordered unanimously.
RESOLUTION RESCINDING RESOLUTION 90-39, RE: VACATING ROAD RIGHT-OF-WAY IN WINDOVER FARMS, UNIT SIX - WINDOVER FARMS, INC.
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution rescinding Resolution No. 90-39, adopted on February 6, 1990, vacating road right-of-way (portion of Windover Way) in Windover Farms, Unit Six, as petitioned by Windover Farms, Inc., as the majority of residents want the road to remain open. Motion carried and ordered unanimously.
RESOLUTION AND LEASE WITH FLORIDA EAST COAST RAILWAY COMPANY, RE: LEASE OF BORROW DITCH IN WILEY AREA
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution and execute Renewal Agreement with Florida East Coast Railway Company for lease of the Railway's borrow ditch at MP 147+1072'? in the Wiley area. Motion carried and ordered unanimously.
INTERLOCAL AGREEMENT WITH CITY OF COCOA, RE: SELLERS LANE WATER MSBU PROJECT
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Interlocal Agreement with the City of Cocoa for construction and installation of a potable water system in the Sellers Lane Water Municipal Service Benefit Unit. Motion carried and ordered unanimously.
REVISED EASEMENT TO FLORIDA POWER & LIGHT COMPANY, RE: SHERIFF'S FARM
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to initial revisions to the Easement in favor of Florida Power & Light Company on the Brevard County Sheriff's farm, executed on September 9, 1998, to provide power to an office trailer, dog kennel, well and pump, and for additional lighting, deleting the potential expense associated with relocation of facilities at the request of the County. Motion carried and ordered unanimously.
EASEMENT TO FLORIDA POWER & LIGHT COMPANY, RE: OFF ROAD VEHICLE PARK
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Easement conveying a 20-foot easement to Florida Power & Light Company to provide service to the Off Road Vehicle Park. Motion carried and ordered unanimously.
EASEMENT TO FLORIDA POWER & LIGHT COMPANY, RE: PORT ST. JOHN COMMUNITY CENTER
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Easement in favor of Florida Power & Light Company on County property to provide service to the Port St. John Community Center on Corto Road. Motion carried and ordered unanimously.
APPROVAL, RE: GREATER PALM BAY SENIOR CENTER BUILDING ADDITION
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve a building addition to the Greater Palm Bay Senior Center for storage purposes, with design and construction costs being paid by the Center; and designate the Facilities Management Director to review and approve the design. Motion carried and ordered unanimously.
PERMISSION TO ADVERTISE RFP, ESTABLISH SELECTION AND NEGOTIATING COMMITTEES, AWARD PROPOSAL, AND EXECUTE CONTRACT, RE: SUNTREE/ VIERA PUBLIC LIBRARY DESIGN SERVICES
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant permission to advertise a request for proposals for design of Suntree/Viera Public Library; appoint Tom Jenkins, Catherine Schweinsberg, Hugh Muller and Samuel Stanton or their designees to the Selection Committee; appoint Catherine Schweinsberg, Samuel Stanton, and Hugh Muller or their designees to the Negotiating Committee; authorize award of the proposal to the best qualified firm; and authorize the Chairman to execute a contract with the first ranked firm. Motion carried and ordered unanimously.
APPROVAL, RE: EMERGENCY PURCHASE ORDER TO PAVCO CONSTRUCTION FOR PARKWAY CULVERT PROJECT
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve emergency Purchase Order No. 432930 to PAVCO Construction for $48,000 to construct a concrete end wall for the Parkway Culvert Project. Motion carried and ordered unanimously.
ACCEPTANCE OF MAINTENANCE RESPONSIBILITY, RE: CENTERLANE ROAD
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to accept maintenance responsibility for Centerlane Road in Sections 21, 26-35, Township 30S., Range 37E. Motion carried and ordered unanimously.
APPROVAL, RE: TDC CULTURAL EVENTS MATCHING GRANTS FOR FY 1998-99
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve awarding ten cultural events matching grants from the Office of Tourism/TDC Cultural Events Category of the 5% of the first two cents of tourist tax, to Melbourne Art Festival, Inc. at $9,833; Space Coast Art Festival, Inc. at $4,707; Henegar Center at $8,752; Brevard Museum of Art and Science at $8,764; Valiant Air Command at $8,764; U.S. Astronaut Hall of Fame at $1,500; City of Titusville at $1,500; Alliance of Hispanics at $1,356; Space Coast Pops at $3,106; and Brevard Museum of History and Science at $8,718, for a total of $57,000. Motion carried and ordered unanimously.
AGREEMENT TO EXTEND EXISTING CONTRACT WITH COASTAL HEALTH SYSTEMS, RE: TRANSPORTATION OF DECEASED PERSONS
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement to Extend Existing Contract with Coastal Health Systems, Inc. to provide transportation of deceased persons from death scenes to the Medical Examiner's Office at $102 per body per trip. Motion carried and ordered unanimously.
REQUEST FOR FUNDING AND AMENDMENT TO SHIP PLAN, RE: SHIP PROGRAM DISASTER MITIGATION/RECOVERY STRATEGY
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize the Chairman to send a request to Florida Housing Finance Corporation for $100,000 in disaster funding authorized by Executive Order No. 98-295, to assist victims of the recent wildfires; and approve amendment to the SHIP Program Disaster Mitigation/Recovery Strategy to include the funds. Motion carried and ordered unanimously.
PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING LIBRARY SYSTEM BOARD
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant permission to advertise a public hearing to consider an ordinance amending Brevard County Code, Article II, Library System Board, as part of the sunset review process. Motion carried and ordered unanimously.
RESOLUTION AND LEASE AGREEMENT WITH CHILD CARE ASSOCIATION AND HOUSING AUTHORITY OF BREVARD COUNTY, RE: LAKEVIEW COMMUNITY CENTER
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution and execute Lease Agreement with Child Care Association of Brevard County, Inc. and Housing Authority of Brevard County, for use of Lakeview Community Center from October 2, 1998 through October 1, 2000, with the Association responsible for paying all costs associated with operation of the Center, and normal building repairs and maintenance. Motion carried and ordered unanimously.
RESOLUTION AND LEASE AGREEMENT WITH CHILD CARE ASSOCIATION OF BREVARD COUNTY, INC., RE: WOODY SIMPSON COMMUNITY CENTER
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution and execute Lease Agreement with the Child Care Association of Brevard County, Inc. for use of Woody Simpson Community Center from October 15, 1998 through October 14, 2000, at $700 per month. Motion carried and ordered unanimously.
AGREEMENT WITH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, RE: BUCK LAKE CONSERVATION AREA
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Intergovernmental Management Agreement with the Governing Board of the St. Johns River Water Management District providing for management of Buck Lake Conservation Area for a period of five years, with automatic renewal in 15-year increments unless terminated by either party with or without cause upon 90 days written notice to the other party. Motion carried and ordered unanimously.
ASSIGNMENTS OF OPTIONS TO PURCHASE WITH THE NATURE CONSERVANCY, AND OPTION AGREEMENTS FOR SALE AND PURCHASE WITH PROPERTY OWNERS, RE: COASTAL SCRUB ECOSYSTEM CARL PROJECT
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Option Agreements for Sale and Purchase between The Nature Conservancy and Ila M. Barrington, William Crossman, James O. Fritz, W. A. Kaufman, John McGaughy, Marvin Manley, Samuel F. Jr. and Betty L. Mize, Max W., Mary Lou, and Curtis W. Myers, P. J. Plessinger, Ayward A. and Jean Pursley, Robin M. Rockwell, James M. Rokita, Dale S. Rothwell, James E. Scully, Dale Allen Sparks, Geneer L. Thompson, Elroy C. and Glorida C. Williams, and Harold and Yvonne P. Williams, and Amendment to Option Agreement with Sherman D. Rubinfeld; and accept Assignments of Options to Purchase from The Nature Conservancy for the properties. Motion carried and ordered unanimously.
ACCEPTANCE OF DONATIONS, RE: MITIGATED LANDS IN COASTAL SCRUB ECOSYSTEM CARL PROJECT AREA
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to accept donation from National Land Company of approximately 210 acres of land within the Coastal Scrub Ecosystem CARL Project for scrub jay and gopher tortoise mitigation. Motion carried and ordered unanimously.
APPROVAL, RE: NAMING OF PORT ST. JOHN COMMUNITY CENTER
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve naming the new public building at 6650 Corto Road in Port St. John as the Port St. John Community Center. Motion carried and ordered unanimously.
AGREEMENT WITH CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., RE: USE OF SPACE AT CAPE CANAVERAL FIRE STATION
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with Cape Canaveral Volunteer Fire Department, Inc., for use of space for paramedics, EMT's and an ambulance at the City's fire station in Cape Canaveral, for a period of two years, and thereafter renewable on a yearly basis for three years. Motion carried and ordered unanimously.
AGREEMENT WITH OSCEOLA COUNTY, RE: FIRE AND EMERGENCY MEDICAL SERVICES AUTOMATIC AID
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with Osceola County providing a service exchange to allow for fire and rescue protection to the south western Brevard County area known as Fellsmere Grade, and Brevard County responding to Deer Park and Deseret Ranch areas in Osceola County. Motion carried and ordered unanimously.
AMENDMENT NO. 2 TO AGREEMENT WITH VPSI, INC., RE: MANAGEMENT OF SCAT'S VANPOOL FLEET
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Amendment No. 2 to Agreement with VPSI, Inc., extending the contract until January 31, 1999 to manage SCAT's vanpool fleet. Motion carried and ordered unanimously.
CHANGE ORDER NO. 2 TO AGREEMENT WITH RKT CONSTRUCTORS, INC., AND FINAL PAYMENT, RE: RENOVATION OF LIFT STATION B-7
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Change Order No. 2 to Agreement with RKT Constructors, Inc. for renovation of Lift Station B-7, decreasing contract amount by $14,008.22 for cheaper lining system, less inspector overtime, testing, replaced components, and panel sealing done by the County. Motion carried and ordered unanimously.
CONTINUING CONSULTANT SERVICES WITH CLAYTON, ROPER & MARSHALL, RE: CONDEMNATION AGAINST A. DUDA & SONS, INC.
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize additional services for Work Order #96-003-A006 with Clayton, Roper & Marshall for professional appraisal services associated with the condemnation actions against A. Duda & Sons, Inc. at an approximate additional cost of $25,000. Motion carried and ordered unanimously.
SEWER CONNECTION CHARGE INSTALLMENT PAYMENT PLAN, RE: SAMPERTON'S RESTAURANT
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize the Water Resources Director to accept a two-year installment payment plan for a sewer connection fee for Samperton's Restaurant. Motion carried and ordered unanimously.
PERMISSION TO BID AND AWARD BID, RE: FENCING FOR SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT FACILITY CONSTRUCTED WETLANDS SITE
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant permission to bid perimeter fencing for South Central Regional Wastewater Treatment Facility wetlands site, and award bid to lowest, most responsive bidder. Motion carried and ordered unanimously.
POLICY, RE: WAIVER OF FEES FOR LOCAL DECLARATION OF EMERGENCY
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve a Policy regarding waiver of fees during period of local declaration of emergency; and authorize the Chairman to sign the Policy. Motion carried and ordered unanimously.
DESIGNATION OF SELECTION COMMITTEE, RE: VALKARIA AIRPORT FIXED BASE OPERATOR
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to designate the Board of County Commissioners as the Selection Committee to review proposals for Valkaria Airport Fixed Base Operator services. Motion carried and ordered unanimously.
APPROVAL, RE: SPECIAL RISK DEATH BENEFIT INSURANCE COVERAGE FOR VOLUNTEER FIRE FIGHTERS
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve the addition of volunteer fire fighters to the Special Risk Death Benefit Insurance Policy for Law Enforcement Officers and Full-time Fire Fighters for the period October 1, 1998 to October 1, 1999. Motion carried and ordered unanimously.
APPROVAL, RE: REVISION TO CLASSIFICATION AND PAY PLAN
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve revision to Classification and Pay Plan to reflect 5% increase to the maximum of the LIU pay ranges approved by the Board during negotiations with LIUNA Bargaining Unit, and the addition of two new classifications for Animal Enforcement Officers. Motion carried and ordered unanimously.
APPOINTMENTS, RE: COMMITTEES TO STUDY E-9-1-1 ISSUES
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve appointment of a committee to study the feasibility of a stand alone 9-1-1- system in Brevard County, consisting of one representative from Brevard County Fire Chiefs Association, Brevard County City Managers Association, Brevard County Sheriff's Department, Brevard County Information/Communication Systems, County Manager or his designee, three appointments from the Brevard County Police Chiefs Association, Chief William Farmer, Darliss Whitaker, and Steve Latza; and approve appointment of a committee to study the consolidation of the Brevard Fire Rescue 9-1-1 Public Safety Answering Point and Brevard County Sheriffs 9-1-1 PSAP, consisting of one appointee from the Brevard County Sheriff's Department, Brevard County Information/Communication Systems, County Manager or his designee, Leslie Lewis, Chief William Farmer, Darliss Whitaker, and Steve Latza. Motion carried and ordered unanimously.
PERMISSION TO REMOVE FROM INVENTORY, RE: FAX MACHINE
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant permission to remove a Canon Laser Fax Machine, PR #E-253-0574, from the County's inventory as it is missing and presumed stolen. Motion carried and ordered unanimously.
ACCEPTANCE, RE: COPS/SHOCAP GRANT
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to accept the COPS/SHOCAP (Community Oriented Policing Services/Serious Habitual Offender Comprehensive Action Program) grant from U.S. Department of Justice through Florida Department of Law Enforcement for the Sheriff's Department, requiring local match from the Special Grant Match Escrow Account. Motion carried and ordered unanimously.
ACCEPTANCE, RE: COPS MORE GRANT
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to accept the COPS M.O.R.E. (Making Officer Re-deployment Effective) grant for the Sheriff's Department, and approve appropriation of $14,999 from the Sheriff's Grant Match Escrow Account to fund additional local match costs. Motion carried and ordered unanimously.
APPROVAL, RE: LOCAL MATCH FOR MOTOR VEHICLE THEFT PREVENTION GRANT
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve local match appropriation of $11,870 from the Grant Match Escrow Account of the Sheriff's Office for the Motor Vehicle Theft Prevention Grant of $75,000. Motion carried and ordered unanimously.
APPROVAL, RE: REVISED PRECINCT BOUNDARIES
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve revised precinct boundaries and legal descriptions due to annexations by the Cities of Cocoa, Indian Harbour Beach, Melbourne, Palm Bay, and Titusville, and to clarify one precinct in Cocoa. Motion carried and ordered unanimously.
ACKNOWLEDGE RECEIPT, RE: ST. JOHNS RIVER WATER MANAGEMENT DISTRICT BUDGET FOR FY 1999
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to acknowledge receipt of the St. Johns River Water Management District's Adopted Budget for FY 1999 pursuant to Section 373.507, Florida Statutes. Motion carried and ordered unanimously.
APPROVAL, RE: BILLS AND BUDGET CHANGES
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve bills and budget changes as submitted. Motion carried and ordered unanimously.
PERSONAL APPEARANCE - MARY TEES, PRESIDENT OF PORT ST. JOHN HOMEOWNERS ASSOCIATION, RE: PAVING OF ROADS IN PORT ST. JOHN
Mary Tees, President of Port St. John Homeowners Association, presented Exhibits to the Board, and advised she is not only representing Port St. John Homeowners Association, but also the District 1 Transportation Advisory Committee. She stated District 1 is the only District that has a citizens group looking at roads, sidewalks, and bikepath projects; Exhibit 1 is a list of ongoing projects waiting for asphalt, plans, and so forth; and it is now October 27, 1998, and 30 projects are still not completed. She stated Exhibit 2 has 36 projects pending schedule for the asphalt contractor; she has called many times over the last few months about the projects and was advised there were problems with the contractor; she questioned Mr. Minneboo as to why Districts 2 and 4 road projects were completed by the third quarter of the year; and he said the contractor was in the area and had some asphalt. She stated it is unacceptable; and inquired why should certain Districts be given preference over others. Ms. Tees advised District 1 has the most roads, the longest list of upcoming projects, and pay the highest millage designated for roads as noted in Exhibits 3 and 4; Exhibit 5 are projects, with #137 being the first on the list; the estimated construction cost was $17,400; the contractor who was working at Parrish Medical Center in Port St. John put in that same sidewalk for $1,468; and that is a net difference of $15,932. She stated Project #140 is a sidewalk listed at $114,000; that is one-half of a previously approved project for all of Belfast that was estimated at $90,000; not only are they waiting too long for projects, but the estimates are far off; and inquired how many others are off base. She stated she asked repeatedly for a true project specific cost analysis to be able to pick a project and verify the costs for material, labor, equipment time, etc.; last year she received a critical emergency project list which is Exhibit 6; and that was unacceptable.
Ms. Tees stated she has lost faith in the figures given out by the Department; and inquired if anyone has taken a good look at the expenditures in that Department. She advised during the last bus trip, five intersections in Port St. John were in horrendous condition; Mr. Minneboo said they would handle it out of maintenance money; and nine months later those intersections look exactly the way they did. She noted there are problems on Corsica where new water lines were put in; there is a six-foot section between the water line and road bed that is absolutely decrepit; they were told months ago they were waiting for a piece of equipment to roll the asphalt down; and it must be coming by some fool way because they do not have it. Ms. Tees noted nothing ha been done in Port St. John this year--no maintenance, no new projects, nothing; and all they get are excuses about asphalt and contractor problems. She stated they have roads that should be closed due to conditions, specifically Sisson Road; and other roads in Port St. John are deplorable. She stated she does not expect any action from the Board today, but wanted the Board to be aware of what is happening in District 1; and as citizens they should not have to accept excuses that are not equally shared by other Districts.
Chairman Voltz asked Assistant Public Works Director Ed Washburn to respond to Ms. Tees' statements. Mr. Washburn advised they completed a list of projects in District 1 last year; and they were working off the previous year's list because they were going to realize a cost savings of about $13,000 in asphalt. He advised the Transportation Advisory Committee (TAC) finished its recommendations in March, 1998; they were working in the Central area then; they wee ready to proceed into the North end, but two things happened; (1) the fires occurred in Scottsmoor, and (2) the asphalt contractor closed his plant for June and July, and had large projects for A1A, U.S. 1, and I-95, which took preference over County projects. He noted they remedied that situation this year by having a primary and secondary asphalt vendor, so if one cannot do the work, they can go with the secondary vendor. Mr. Washburn advised he has not seen the list or talked to Mr. Minneboo about the things Ms. Tees mentioned, but will look at it; they believe in the next three to four months they will see substantial improvements in District 1; and it is their first priority to start with the new vendor. Chairman Voltz stated the intersections Ms. Tees mentioned Mr. Minneboo promised to do something with need to be checked on; with Mr. Washburn responding he will do that also.
Commissioner Scarborough explained the establishment of the Transportation Advisory Committee to review road projects from the Volusia County line to Cocoa city limits; stated half the County roads and ditches are in District 1; Ms. Tees is the current chairman of the committee; and they go out on bus trips and view the projects, then generates a list with cost estimates done by staff; and what concerns her are, (1) are the cost estimates valid, and (2) is the County committing resources to those projects. He stated it is not a matter of moving funds out of District 1 because most funds cannot be moved, but it is a matter of having the funds and not spending it to do projects. Mr. Washburn stated they will be moving into District 1 in November.
Commissioner Higgs suggesting the Board receiving a report updating it on when the activities occur; and Commissioner Scarborough recommended staff provide the Board and the TAC with a report on what will be transpiring.
Joe Stadnick advised he came to talk about the TAC which is Commissioner Scarborough's committee. Commissioner Scarborough stated it is a committee of citizens recommended to serve by the community and different homeowners associations, and is not his committee. Mr. Stadnick stated it is under Commissioner Scarborough's jurisdiction; with Commissioner Scarborough responding it is in his District, but he does not interfere with their decision making. Mr. Stadnick stated during the last three years, over 115 roads each year are being presented by Port St. John to the TAC for paving; they do not have that many bad roads; he travels those roads and would be happy if Canaveral Groves had those roads. He stated the Committee voted that gas tax funds would not be used to pave dirt roads; County Attorney Scott Knox was to review that issue and give a decision if the TAC can stop paving of dirt roads in District 1; and he has not heard anything on that. He stated they want to put the money aside to purchase rights-of-way; however, Canaveral Groves has all the right-of-way purchased; and it voted twice to take the money away. He inquired if the TAC can stop the gas tax funds from being used to pave dirt roads in District 1.
County Attorney Scott Knox advised the TAC is an advisory committee to the Board of County Commissioners so it has no authority to do anything except make recommendations. Mr. Stadnick inquired if it makes the recommendation on the gas tax funds, does it have to be verified before they can vote if roads are not paved; with Mr. Knox responding its recommendations are like any other recommendations, and the Board can accept or reject them. Mr. Stadnick inquired if the TAC cannot make decisions before its recommendations come to the Board of County Commissioners, and if it can pass a motion to spend all the money to resurface roads in Port St. John; with Mr. Knox responding it can vote to recommend anything to the Board; and the Board can decide to spend the money for resurfacing roads, not the Committee. Mr. Stadnick inquired if there is a bill stating gas tax funds will be used to pave dirt roads.
Commissioner Scarborough stated when his predecessor was in office, things were enacted where annually a certain amount of gas tax funds were specifically allocated for paving dirt roads in District 1; but the question is whether the TAC decision is final. He stated the Board has not tried to vest the committee with all that responsibility of going out on buses and meeting with citizens then telling them they are wrong; the decision is with the Board; but it has not had extensive discussions about what roads get paved and what roads do not or which potholes get fixed. He stated he has the committee so they would be better advised and would take care of the problems; what Mr. Stadnick is asking has not occurred historically; and he would like to work with Mr. Knox on what happened before he took office and report to Mr. Stadnick, the TAC, and the Board.
Commissioner Higgs advised the Board does not appoint members to the TAC; it does not report to the Board; it advises Commissioner Scarborough; so it is not an advisory group to the Board, but to the District 1 Commissioner. Commissioner Scarborough stated major construction projects are always approved by the Board; right now there is a fundamental question being raised as to whether or not dirt roads should be paved at all and whether that should become the responsibility of the property owner, and money should be devoted solely to maintaining existing roads; sooner or later the Board will have to address that; but at this juncture they have been prioritizing a number of projects, from sidewalks to dirt road paving, to the issue of major resurfacing; and outside of that Road and Bridge does its regular maintenance, purchase equipment, etc. from the same funds. He stated there is a residual amount of money to prioritize projects; it has been fairly successful; people give a lot of their time to go out and see other areas of the District ; and they work very hard at it.
Commissioner Higgs stated she knows the committee works hard with Commissioner Scarborough, her only clarification to Mr. Stadnick is that the committee is appointed from District 1; it is not an official advisory committee to the Board of County Commissioners in terms of final action that will be made by that committee; it is simply an advisory group to the District 1 Commissioner; and the Board will listen and take the advice of the TAC, but as far as a final decision by that group, that is not the case. Mr. Stadnick stated he is looking for clarification on the issue of taking away funds from paving roads for people who need them. Chairman Voltz advised Commissioner Scarborough will work with the County Attorney and get a report to Mr. Stadnick. Mr. Stadnick stated that decision has to be made before the next TAC meeting. Commissioner Scarborough stated they are meeting tomorrow night and he plans to be there to talk to them about some of the issues.
PUBLIC HEARING, RE: RESOLUTION ACCEPTING IMPROVEMENTS AND ADOPTING FINAL ASSESSMENT ROLL FOR BROOKSIDE DRIVE/PUESTA DEL SOL CANAL DREDGING MSBU PROJECT
Chairman Voltz called for a public hearing to consider a resolution accepting improvements and adopting final assessment roll for Brookside Drive/Puesta Del Sol Canal Dredging Municipal Service Benefit Unit (MSBU) project.
There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution accepting improvements in the Brookside Drive/Puesta Del Sol Canal Dredging Municipal Service Benefit Unit; adopting the final assessment roll; establishing the procedure for collection of assessments; establishing an interest rate; and establishing an effective date. Motion carried and ordered unanimously.
The meeting recessed at 10:16 a.m., and reconvened at 10:34 a.m.
PERSONAL APPEARANCE - GLEN CASEL, DEPARTMENT OF CHILDREN AND FAMILIES, RE: EQUITY FUNDING FOR DISTRICT 7 ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH
Glen Casel, representing the Department of Children and Families, Alcohol, Drug Abuse, and Mental Health Program Office, advised at least once a year they try to go to the four County Commissions that make up District 7 to talk about what services the State purchases within the communities and what the priorities are for funding changes, and give a sort of state-of-the-union report. He stated one specific piece of this year's agenda that is missing is the funding priorities; and that has been missing out of their presentations for most of the recent past, primarily because the budget has been reduced at the Legislative level for much of the 1990's. He noted his budget has been reduced this year so there is no lengthy discussions on what new services will be available because they are few and far between. He referenced items in the packet presented to the Board, specifically the population breakout of the four counties showing Brevard County with just over 26% of the population of District 7; breakout of his budget into four major programs--adult mental health, children's mental health, adult substance abuse, and children's substance abuse; services purchased by the State; list of agencies they contract with; size of the administrative budget compared to the 15 districts, noting District 7 as the second lowest funded district, and a chart showing that District 7 has been historically under-funded. Mr. Casel stated they have to tighten services that are available, reduce creativity of early intervention and things that are important, and that erosion of the core services puts a burden on the counties to try and maintain the services. He noted his budget is at the point where any further reductions will have a direct impact on corrections, law enforcement, the judicial system, and the jails.
Commissioner Cook inquired who is responsible for funding allocations; with Mr. Casel responding the Legislature. Mr. Casel advised the budget is determined in the Appropriations Act per District. Commissioner Cook inquired why is District 7 consistently under-funded; with Mr. Casel responding personally he believes it is because much of the budget is determined by political influence, and Central Florida has historically lacked political influence. Mr. Casel advised the Alcohol, Drug Abuse, and Mental Health Equity Bill was sponsored by Senator Patsy Kurth and Representative Bill Sublett that passed; it says any new funding appropriated to the budget will be appropriated primarily based on equity; so any District that is under-funded will get more money than a District has been over funded or above the State average. He stated in 1997 and 1998 there was a dramatic increase in the per capita budget; and that was the only year the Equity Bill had an impact; unfortunately, the next year the budget was reduced. Commissioner Cook stated the President of the Senate and the Speaker of the House is from District 7; that is high political status; and he does not understand the lack of political influence; with Mr. Casel responding that is a fairly new political swing. He noted Senator Kurth has an interest in adding to the Equity Bill something referred to as "reverse equity" which means any reductions would be taken from richer districts rather than those in the poor districts; there are pros and cons to that because it is hard to take services out of a community; but at the same time, a community that struggles to make do with less has gotten some support. He noted it has forced them to be creative, cost-effective, and to look for any kind of solutions; and they are committed to trying to be effective and accountable as a result of historically being under-funded.
Commissioner Scarborough advised he received a letter from a lady in Titusville who spoke to Mr. Casel on the loss of case managers; she expressed her concerns that those are needed to get the job done; and because of what he heard from Mr. Casel and constituents, he would like to add the issue to the legislative package. Chairman Voltz stated she was going to suggest that; and it is not only important for Brevard County, but the other counties in District 7 to do the same thing.
Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct staff to include the equity funding for District 7 Department of Children and Families Alcohol, Drug Abuse and Mental Health Programs in the legislative package; and authorize the Chairman to send a letter to the other counties within District 7 advising of the Board's action. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: ORDINANCE AMENDING BREVARD COUNTY CODE, CHAPTER 78, ARTICLE III, USE OF PARKS
Chairman Voltz called for the public hearing to consider an ordinance amending the Brevard County Code, Chapter 78, Article III, regarding use of parks.
Susan Canada advised recently the Board changed the ordinance to allow feeding of animals in the parks, except where it was felt to be a health or safety hazard by the Parks and Recreation Director; the parks and Recreation Director has no training in human or animal diseases to be in that position; and it would be better if it was left up to Animal Services and the Health Department. She stated if the Parks and Recreation Director feels there is a problem, he can call Animal Services or the Health Director. She stated she was misled in discussions with Mr. Nelson and others when she was told one problem with feral cats was what effect they would have on the scrub jay population in EEL's sanctuaries, especially Fox Lake Park where they are considering buying land for scrub jay habitat; Fox Lake Park is down to eight cats that have mostly been spayed or neutered and have rabies shots; and it is now a managed colony. She stated no EEL's sanctuaries are known to have feral cats, so removing feral cats and relocating or humanely administering euthanasia is not necessary; and she feels she was terribly misled.
Commissioner Cook advised he has not received a complaint about people feeding cats in parks; and if someone is going to make a determination on health and safety, it needs to be the Health Director who is trained and is a doctor and can assess what is a health hazard.
Chairman Voltz stated Section 78-116, the underlined portion states, "Feeding of animals is permitted except in areas where said feeding would create a health and safety hazard as determined by Brevard County Health Director and Animal Services in conjunction with Parks and Recreation Director." Commissioner Cook stated that is a lot of people. Commissioner Higgs recommended the ordinance designate the County Manager, as he is the administrative head; and he can designate or consult with the appropriate health officials. Commissioner Cook stated he does not have a problem making it the County Manager in consultation with the County Health Director.
Commissioner Higgs advised a report on feral cats was due in December; it would seem appropriate not to make a determination on that section of the ordinance at this time; and the Board would be better served by getting the full report and making an educated decision on the issue at that time.
Commissioner Cook inquired how the issue came up as in four years he has never received a complaint and does not understand why it has become a problem. Mr. Nelson advised they receive complaints about cat problems in existing parks; Paradise Beach Park has numerous cats; and there has been a conflict between those who want them fed and those who do not want them fed. He stated it is a management issue of looking at it in the long term; they would not have a problem deferring it because they have not had an opportunity to fairly state what the reasoning was either to Ms. Canada or anyone else involved; and there are some issues they need to discuss in their entirety. He stated there are scrub jays in existing County parks that are not endangered lands; there have been feral cats in some of those locations; it is a much bigger issue; and he would like to have time to explain the logic and come to a conclusion on the issue. He requested that section be removed from the ordinance at this time. Commissioner Cook stated he does not know why it cannot be settled today saying the County Manager in consultation with the County Health Director. Ms. Canada suggested the County Health Director and the Animal Services Director be involved on safety or health problems. She stated according to Mr. Nelson, in 10 to 12 years, there has only been one or two incidents with cats in County parks, yet every month there is a playground incident; and the County has an active lawsuit right now on playground equipment.
Commissioner O'Brien advised there were a lot of people who wanted to speak on this issue and could not come to the meting; a report on feral cats is due in December; so the Board should remove the sections concerning feral cats, feeding cats, etc. and pass the ordinance which can be amended in the future if the Board feels it should be done. He stated there are two sides of the issue; Mr. Nelson is bring up losing the bird population because of feral cats, and the other side is the cats may not cause any damage if they are fed; so the Board should allow staff time to work on the issues.
Motion by Commissioner O'Brien, seconded by Commissioner Cook, to adopt an Ordinance amending Brevard County Code, Chapter 78, Article III, Use of Parks; specifically amending Section 78-76, Definitions; amending Section 78-108, Posting of Signs; amending Section 78-116, Hunting, Molesting Wildlife; amending Section 78-122, Sleeping, Camping, and Lodging; and providing for severability and an effective date, amended to remove those portions of Section 78-116 relating to feral cats.
Commissioner Cook inquired about the other changes the Board made; with Mr. Nelson responding they were incorporated into the ordinance before the Board; however, those relating to feeding of the cats will be removed by the proposed motion. Commissioner Cook inquired if that was all the Board addressed; with Commissioner O'Brien responding no, it also addressed killing of poisonous snakes. Mr. Nelson stated there was no change made to that. Commissioner Scarborough inquired if the land purchased on Merritt Island for hunting has been dealt with; with Mr. Nelson responding during rewording the language was deleted. Commissioner Cook inquired if the Board delayed the EEL's management portion; with Mr. Nelson responding it is not in the ordinance.
Ms. Canada stated the SPCA Director wrote up pamphlets on what happens when people abandon pets; they are the ones creating the whole mess; so hopefully the Board will get signs posted in the parks where they can also put those pamphlets on why people should not abandon their pets. Mr. Nelson stated no abandoning of animals was included in the ordinance. Chairman Voltz inquired about posting of signs; with Mr. Nelson responding he will work with Ms. Canada on that. Commissioner Scarborough supported signs that go through a reasoning process. Chairman Voltz supported educating the public so they do not dump animals in parks or on the sides of roads.
Chairman Voltz called for a vote on the motion. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD VALOREM EXEMPTION TO IMAGE-GUIDED NEUROLOGICS, INC.
Chairman Voltz called for the public hearing to consider an ordinance granting economic development ad valorem tax exemption to Image-guided Neurologics, Inc.
Commissioner O'Brien stated there will be 34 more jobs at an average wage of $55,000 a year; and EDC has been working to bring jobs to Brevard County.
There being no further comments heard, motion was made by Commissioner O'Brien, seconded by Commissioner Cook, to adopt an Ordinance granting an economic development ad valorem exemption to Image-guided Neurologics, Inc.; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of Florida Statutes 196.012; providing for proof of eligibility for exemption; providing for an annual report by Image-guided Neurologics, Inc.; providing an effective date. Motion carried and ordered unanimously.
PERSONAL APPEARANCE - NELLY STRICKLAND, RE: FIRE FIGHTERS REFERENDUM
Nelly Strickland stated the fires in Mims/Scottsmoor were a catastrophe; and inquired who in Forestry gave the order for all fire fighters to pull out. She stated fire trucks and firemen sat along U.S. 1 for two days doing absolutely nothing; they counted between 40 and 50 fire trucks lining the roads on all sides; and the troop leader got fed up and ask his crew if they wanted to stage for two more days or go up the road to put out fires, and they went to Golden Shores but were sent out by Forestry. She stated they argued if they put out the fire that was ready to swallow another house they probably would be able to save the subdivision behind it, and Forestry refused; they explained what their equipment could do, etc.; and finally they went in and saved that house, thereby saving the houses behind it. She stated the same crew was sent home the night when several fires combined and made the fire of hell; the next day they were called back; and inquired why did Forestry refuse to let them in and upon whose orders. She stated she wants to know and so does Mims/Scottsmoor. Ms. Strickland advised of a questionnaire she sent out asking if there was too much staging or not enough and the answer was too much; and read from a response from a fire department she did not want to identify, as follows: "When we arrived at Mims approximately 2300 hours, July 2nd, we were surprised to see the number of fire apparatus parked in the streets, 50 to 75 trucks. That's a lot of them. We thought it would be easier to control these fires at night, less wind, cooler temperatures, than to wait around for something to happen during the day." She stated when Palm Beach took command, they divided the town into sections and had people patrol the areas until all fire threats were promptly extinguished. She stated they were impressed by the hospitality shown by citizens of Mims/Scottsmoor area; they went through a lot during the first week of July, but hung together to show a lot of support for the various fire departments involved; communications were poor and they were staging too long; and she will get her report to the Board when it is time to do it. Ms. Strickland advised she has documents from the Public Safety Department; and stated if it takes that many words to justify what happened, and having to wait two months for documents when they should be readily available, something is badly wrong. She stated she is glad the fire drills will be reinstated as she requested; they teach technical skills, working together under bad conditions, use of equipment, etc.; and inquired why were they stopped. She noted she has other suggestions and will bring them up at another time; meanwhile, Scottsmoor still needs water in some form. She stated West Canaveral Groves bring in about $130,000 in taxes; water is being worked out for them; and Mims/Scottsmoor area brings in a lot more than that, as there are some large houses in that area. She stated she was told some roads were not graded in Scottsmoor until after the fires; people were taking their garbage half a mile down the road; the mail was not delivered; and they must have been the lowest on the totem pole. Ms. Strickland stated she has always spoken up for fire fighters, but is in a quandary; they did what they were told to do in Mims/Scottsmoor; however, the fire referendum that is on the ballot is a slap in the face of people who suffered total destruction, damage, heartache and grief just a few months ago. She stated it is extremely opportunistic; they were tremendous fires, but not when they started out; the one west of Harrison which combined with another fire and became the fire of hell could have been put out by a helicopter when it was small; and it was called in two days in a row, but nothing happened. She stated had she been in charge she would have found a helicopter if she had to steal one; the Sheriff has one and so does Mosquito Control; and she did not hear that they were put to use which would have been most effective in putting the small fire out. She stated the Animal Control budget jumped by leaps and bounds, not so the fire budget; the millage actually went down; and the dollar figure has been creeping up slowly, while there is more area to cover. She stated the Government Center was built with fancy creative financing; and recommended the Board use a Sam Ackley trick. She stated there is always a slush fund somewhere that is not committed for a real need; and suggested the Board take part of it and buy a surety bond, and put it in the fire budget, so first needs can be taken care of. Ms. Strickland advised the fire fighters are pretty well a male society; their Union was given $20,000 to educate people on the referendum; and in her mind that should be illegal, as one should not fight taxpayers with their own money. She stated she has all the paper work ready to file to become a political action committee, so she is asking the Board, under the 19th Amendment, which is the Women's Suffrage Amendment or Equal Rights Amendment, for an equal sum which will be used to clarify the fire referendum from a different angle. She requested the Board vote on that request. She inquired if the Board had any questions; and Commissioner Scarborough suggested allowing other speakers to speak then Ms. Strickland can return. Joanna Bass advised she lives in Suntree, and would like to comment on the fire fighters referendum, tax money used to support a partisan position, and what the ballot means to her personal well-being. She stated she received a flyer detailing the salient points of the fire fighters referendum, Ballot F; she supports the information exchange free of bias and used to inform the community of upcoming voter choices; the pamphlet was clear and concise; and it did not advocate a position either pro or con. She stated it is a public service that enabled her to evaluate the facts of the referendum and come to an informed decision; however, she does not support distribution of tax dollars to advocate a position to sway public opinion either for or against any issue that will be decided by the voters. Ms. Bass advised Ballot F will have a direct impact on her personal well-being; when there is a brush fire in Lake Washington or a home on fire, three stations respond to provide adequate manpower; because no fire paramedic is permanently assigned to any station, an ambulance is sent to support the fire fighters and service the injured; in Lake Washington one from Suntree is sent to support the fire fighters and service the injured; and it becomes obvious that if one of her parents had a heart attack while at her home, the only recourse to the emergency distribution system is to send an ambulance from West Cocoa, which is unacceptable. She stated if Ballot F passes, there will be enough manpower to reduce the need for a three-station response to any crisis, and the residents of Suntree will gain the emergency medical response and care so vital to their families. Ms. Bass stated she firmly supports Ballot F as the next step in providing adequate public service to their community, and appreciate the Board placing the referendum on the ballot.
Chairman Voltz stated Ms. Bass said the pamphlet was informative and unbiased, and in the next sentence said it was bias and partial; with Ms. Bass responding no, she said it was unbiased and she supports unbiased information distribution on any item that is on the ballot; however, she does not support spending money to advocate pro or con of any issue.
William Fazio advised the allocation of funds to educate the public was for Fire Rescue and not the local Union; and it is important to educate the public on the referendum because people do not understand that Fire Rescue is left to handle everything society has problems with that is not involved with law enforcement. He noted when a tanker overturns, it is the fire fighters who are there to clean up the mess; when there is a natural disaster, it is the fire fighters who help and support other agencies; Brevard County fire fighters have given excellent service for the buck over a long period of time; and the price paid for their services is minuscule compared to what is received in return. Mr. Fazio advised to improve on the service the millage rate needs to be increased so they can enjoy services that other area communities such as Titusville enjoy; unincorporated Brevard County want the same services some cities have; Palm Bay provides paramedics on their units; three-man engine companies are provided by the City of Melbourne, and they are going to have paramedics on all their apparatus; the City of Titusville is moving in that direction; so they do not want to be prevented from getting more paramedics and fire fighters to better service the community and fire fighters who are out there working alone many times. He stated he would not question what the command did with the Scottsmoor fires; however, if there were a few more men or stations open, they would not have had the problems that transpired. He noted he appreciates the Board allowing the citizens to make the decision, and encouraged all citizens of unincorporated Brevard County who will get the service to vote for it.
Chairman Voltz requested staff respond to some of the allegations and clarify some of the issues.
Public Safety Director Jack Parker advised there was a statement made that Palm Beach took command, and that is not exactly true; Chief Farm and Chief Boykin realized there was a problem in the staging area and that some resources were stacking up, so they put people who were commanders in other departments in charge because they were running thin with their commanders working for multiple days without sleep; but at no time did they relinquish ultimate command to Palm Beach. He stated they replaced one small area of operation and did a fine job; and the comment of trucks stacking up on the streets is true; that did happen; the first few days of the operation they had a problem moving resources into the fire areas as fast as they would have liked to; but if there were 40 trucks on the street, there were also 30 or 40 trucks fighting fires that were relieving each other. Mr. Parker stated they could have done a better job on that; it was recognized and changed the second day of the operation; and they saw that problem diminish. He stated as for slow documentation, that was not the fault of anyone in Brevard County Fire Rescue; the documentation from Brevard County was very rapid; they provided a tremendous amount of documentation to a tremendous amount of citizens who requested them as they were being requested; and the slow documentation Ms. Strickland referred to is due to other departments from across the nation that were slow in responding to Brevard County. He stated they were very detailed questionnaires that took some time to get completed; and some agencies needed as much as two weeks to research that information. Mr. Parker advised they had access to helicopters from the Sheriff and Mosquito Control; unfortunately they were not equipped for fire fighting and were relatively small; they could have a small bucket put on them for small fires; but it was not a small fire, not even initially, because in just a few hours it was hundreds of acres in size. He noted if they could have gotten a helicopter off in a couple of minutes it may have been possible to douse the initial fire, but they had multiple fires at the same time; all the Forestry resources were dedicated to Flagler and Volusia Counties; and they did have a relatively good response, but by the time they started coming in, the small fire grew to immense proportions in a matter of hours. Mr. Parker advised the $20,000 was a request from the Union to educate the public; that money never did go to the Union; the informational flyer was designed to be unbiased and informative; and it was designed by the Fire Rescue staff, not the Union representatives; and the money was spent from the Fire Rescue budget.
Chief Bill Farmer advised the issue about the Forestry officer pulling out Brevard County resources did not occur; at no time did any Forestry official come to command and tell them to pull out the trucks; they do not have that authority; and what caused some confusion is that Forestry Service had one game plan on where to contain the fire, and Brevard County had another game plan to protect structures. He stated if Ms. Strickland has any names of anyone they could interview to get more information, they would be happy to track it down for her; but again, no one has the authority to move Brevard County trucks other than Brevard County's command staff.
Chairman Voltz advised she flew overhead weeks afterwards and was amazed at how the fires were scattered; they were not all contained in one area; it was amazing to see how many homes were not lost; there were some homes lost and that is devastating; but the tremendous amount of homes they were able to save speaks volumes about their work; and she appreciates it.
Ms. Strickland stated on the first day it was a small fire that could have been put out by helicopter; and that information came from people who were there and observed the fire. Chairman Voltz suggested Ms. Strickland get with staff as she may have valid information they need; with Ms. Strickland responding she has. Ms. Strickland stated if there were two game plans, they should have gotten together and come up with one plan that worked instead of one that allowed the fire to swallow up hundreds of acres and a number of houses. She stated fire crews told her they were sent out by Forestry; and inquired if it is the people's problem who live there and whose houses got burned; with Chairman Voltz responding she cannot verify any of that information. Ms. Strickland stated she can and has affidavits but will not turn them lose until she is ready. She stated what happened is sinful, sad, and criminal; there should be one top man who knows what he is doing and who directs crews here and there, and not three other commanders. Chairman Voltz stated she is not a fire fighter and neither is Ms. Strickland; it is easy to second guess some of the things they would do; but they are the professionals and get paid for what they do. Ms. Strickland stated she has been in a few catastrophes in World War II; with Chairman Voltz responding but it does not make her a fire fighter. Ms. Strickland stated it does not make her a fire fighter, but it gives her an idea of how emergencies are handled and how it is done; they get block captains to inform others there is a danger, etc. She requested $20,000 to propagate what she feels should be known and would like the Board to vote on that.
Commissioner Scarborough advised an invitation was made for people to comment on the fires; a subsequent letter was send to everybody that staff had the report and they could get a copy; and suggested Mr. Parker give his phone number to the public for those who did not get a copy of the report. Mr. Parker advised the number for Fire Rescue is 633-2056; they will be glad to get a report to anyone who calls, either by mail or they can come and pick it up; and if they need to talk, they can ask for him or Chief Farmer. Commissioner Scarborough requested people get their responses in so they can start putting the information together. He stated it was probably impossible to know what everyone was doing because there were crews from different regions; the report talks about communication problems; but it needs to come to a culmination and comments integrated into a draft report; and the Board needs to discuss what to do, not only in Scottsmoor but in other areas of Brevard County that are vulnerable. He stated water is certainly an issue; there is no magic pot of money to put water in Canaveral Groves; they are considering an MSBU to pay for it; but there are methods to go in and put wells down. He inquired if there are ways to have block captains as Ms. Strickland suggested. Commissioner Scarborough advised of the problems in Flagler County because they did not implement revised procedures; and stated staff should take the information and produce a product the Board can endorse for all of Brevard County and ensure the Board gets reports periodically on the step-by-step process staff is implementing, so Brevard County would not be as vulnerable the next time. He suggested the Board get a report on a game plan with specific recommendations and how to track the improvement.
Commissioner Cook advised Ms. Bass a new fire station was opened in Suntree/Viera area which should address some of her concerns.
Commissioner Higgs advised two issues are still unclear; one is advocacy versus information; the Board allowed Fire Rescue to put forth an information brochure which they did; there is also a strong effort in the community in support of the referendum; but that is not Brevard County Fire Rescue, that is the fire fighters and others who are advocating for the referendum quite properly. She stated the other issue is the final report; the Board received a draft; citizens asked for more time so they could comment on it; and that has delayed it coming to a final conclusion. She stated when the recommendations are done, the Board will review them and ensure they go forward; and if there were mistakes made, ensure they are not repeated. She stated the Board is moving to take care of any difficulties that were there, and will ensure that the responsible thing is done.
Chairman Voltz advised the fires were the first for Brevard County; they were something the County never planned for; under the circumstances mistakes were made; but all in all the citizens came out for the better as did the fire departments. She stated the County will correct the mistakes that need to be corrected and go on. Ms. Strickland inquired about the deadline; with Mr. Parker responding November 2, 1998. Ms. Strickland stated she asked for a meeting in Scottsmoor with the State Fire Commission so people could tell their personal experiences; it will be held on November 4, 1998 at Pinewood Elementary School from 5:00 p.m. to 8:00 p.m.; and she does not want any bureaucrats there.
Commissioner Scarborough stated the State played a key roll in the fires; the helicopters and fixed wing aircrafts command never was under Brevard County; they had a hard time getting them off the ground at TICO Airport because there was no visibility; he does not have all the answers; but he hopes the pieces will come together. Ms. Strickland stated she would like to see in the report which fire department put out the fire on what house. Mr. Parker stated in the reports sent to the agencies, they had hoped to be able to provide that information, but thee was no way they could tell staff which house was put out by which department because they were moving so quickly. Ms. Strickland requested the deadline be moved up to January. Commissioner Higgs stated the Board needs to get the final report, look at it, and make recommendations to move forward; and when it meets to go over the recommendations, everyone can comment again. She suggested giving seven days.
County Manager Tom Jenkins advised the event he witnessed was very comparable to a tornado or hurricane; it was a huge and national event that in many instances man was unable to stop, no matter how many trucks or people they had; the winds, size of the fire, etc. was tremendous; and it is not fair for fire chiefs from all over the County and the city and County fire fighters to put their lives at risk for anyone to think it was not an outstanding effort. He stated while it was not a perfect exercise, but there will never be a perfect exercise; there may have been trucks backed up, but they had trucks showing up from all over the country with no advance notice; so it was a very stressful busy active event; and although there is always room for improvement, it is terribly inappropriate to all those people who gave so much over that period of time, for anyone to think it was not an outstanding effort by everybody involved. Chairman Voltz and Commissioner Cook agreed. Commissioner Scarborough stated there were other County personnel involved such as Mosquito Control and Road and Bridge; they were out there not coordinating, just doing what they had to do to put out embers, etc.; and he has no problem extending the time, but it needs to be brought to closure. He stated there may not be enough time for the Board to analyze the report; they should do it at a special meeting; and he has no problem with that occurring in January, 1999; however, Commissioners should have the report to read before that meeting. He stated the report is the prerequisite for the next step; and inquired if the Board could get the report in mid-December, 1998 and meet in January, 1999. Mr. Parker stated cut off for public input should be before the Board wants the report. Chairman Voltz suggested December 4, 1998.
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to set December 4, 1998 as the cutoff date for public comments concerning the fires in Mims/Scottsmoor; direct staff to provide the report to the Board in mid-December, 1998; and direct the County Manager to schedule a workshop in January, 1999 if possible, to discuss the issues. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: REVISIONS TO MERIT SYSTEM POLICY II, PAY PLAN AND POLICY VIII, HOLIDAYS
Chairman Voltz called for the public hearing to consider revisions to the Merit System Policy II, Pay Plan and Policy VIII, Holidays. Human Resources Director Frank Abbate advised the Merit System is effective on a countywide basis; the changes are identical to what the Board approved; and they are implementing the change for the LIU Bargaining Unit.
Commissioner Cook inquired if Christmas Eve will be a permanent holiday; with Mr. Abbate responding yes.
There being no further comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner Scarborough, to approve revisions to Merit System Policy II, Pay Plan and Policy VIII, Holidays, effective immediately. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: REQUEST FROM FLORIDA CITIES WATER COMPANY FOR SEWER SERVICE AREA EXPANSION
Chairman Voltz called for the public hearing to consider a request from Florida Cities Water Company to expand its sewer service area.
There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Cook, to forward the request to the second and final public hearing on November 10, 1998. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: PROPOSED UPDATE TO SELECTED SECTIONS OF THE COASTAL MANAGEMENT ELEMENT OF THE COMPREHENSIVE PLAN
Chairman Voltz called for the public hearing to consider updates to the Coastal Management Element of the Comprehensive Plan.
Commissioner Higgs advised she reviewed the amendments and have numerous concerns; the changes should be workshopped; they are significant changes; and they will take more scrutiny.
Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct the County Manager to schedule a workshop to consider proposed update to selected sections of the Coastal Management Element of the Comprehensive Plan. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: REQUEST FROM DAVID W. NOCK FOR VARIANCE FROM COUNTY COASTAL SETBACK LINE
Chairman Voltz called for the public hearing to consider a request from David W. Nock for a variance from the Brevard County Coastal Setback Line.
Commissioner Higgs advised it is a variance for a well and she has no problem with it.
There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Cook, to approve the request from David W. Nock for a variance from the Brevard County Coastal Setback Line in the South Beaches to install a well. Motion carried and ordered unanimously.
REJECT PROPOSAL AND RE-ISSUE RFP, RE: AUTOMATIC TELLER MACHINE AT GOVERNMENT CENTER
Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to reject the proposal for an automatic teller machine at the Government Center, and authorize re-issue of a request for proposals with fees allowed. Motion carried and ordered unanimously.
REPORT, RE: LAWN MAINTENANCE/LANDSCAPING OPTIONS
County Manager Tom Jenkins advised staff provided options and cost estimates for the Board to consider.
Commissioner Scarborough requested a workshop to consider the lawn maintenance and landscaping options.
Doug Robertson stated it is complex and a bigger problem than anyone thinks it is; Merritt Island Redevelopment Agency has big problems finding out the contractors are not trained to maintain lawns; and the way it has been is not going to work to maintain the landscaping they have installed. He stated they let bids out and the bids they received are comparable to in-house; they applied for a $20,000 grant for a pilot program; there is active interest in the problem; and they want to participate in the workshop.
Commissioner Cook stated the contractor that does Wickham Road is doing an excellent job.
The Board instructed the County Manager to schedule a workshop to discuss lawn maintenance and landscaping options.
RESOLUTION, RE: TAX ABATEMENT APPLICATION FOR TEKNOCRAFT, INC.
Motion by Commissioner O'Brien, seconded by Commissioner Cook, to adopt Resolution stating that Teknocraft, Inc. is a qualified new business in Brevard County; requesting the Property Appraiser to provide the Board with the necessary report; requesting Economic Development Commission to conduct an economic analysis and provide the Board with a recommendation; and authorizing publication of a public hearing to consider adopting an exemption ordinance.
Commissioner Scarborough stated he has a problem with the $10.00 an hour wage. Chairman Voltz stated they are putting $5 million into the community. Commissioner Scarborough stated the County is not going to tax them; he has a problem of where the program is; and the question is why the tax break on that wage level. Commissioner Higgs stated the Board needs to revise the criteria, but it has criteria that it used for years; until they are changed, that business would qualify; and it is unfair to them to vote against it. She stated she will support it, but also supports changes in how the County does business.
Economic Development Commission Executive Director Lynda Weatherman advised the EDC will finalize its discussion on the guidelines next week; it still has to do an economic impact on this issue; four years ago it was a start-up company developing a new technology of ceramic tooling; they made a lot of investments; and this is a program to help them add 15 jobs. She stated EDC will be addressing the wage situation, but right now they have guidelines; they will look into the existing guidelines and present it to the Board; and it can address them then. Commissioner Scarborough inquired if it will be reviewed under the existing or new guidelines; with Ms. Weatherman responding probably the existing guidelines.
Motion by Commissioner Scarborough, to table the resolution on the tax abatement application for Teknocraft, Inc. until the new guidelines are adopted. Motion died for lack of a second.
Commissioner Cook stated he will support it under the existing guidelines; and people who are unemployed would benefit from a $10 an hour job. Commissioner Scarborough stated they can go to other places. Ms. Weatherman stated when they review it and present it to the Board as an ordinance, the Board has the option to address it.
Commissioner Scarborough inquired how much is abated; with Ms. Weatherman responding they will not know until it is reviewed.
Chairman Voltz called for a vote on the motion. Motion carried and ordered; Commissioner Scarborough voted nay.
AGREEMENT WITH ECONOMIC DEVELOPMENT COMMISSION OF FLORIDA'S SPACE COAST, RE: FY 1998-99 CONTRACT FOR SERVICES
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with Economic Development Commission of Florida's Space Coast to provide services in FY 1998-99 in the amount of $575,000. Motion carried and ordered unanimously.
AGREEMENT WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, RE: FEMA HAZARD MITIGATION GRANT FOR PARKWAY OUTFALL STORMWATER IMPROVEMENTS
Motion by Commissioner Cook, seconded by Commissioner O'Brien, to execute FEMA Hazard Mitigation Grant Agreement #31070-98-001 with Florida Department of Community Affairs for construction of Parkway Outfall Stormwater improvements. Motion carried and ordered unanimously. Commissioner Cook stated they have been working and doing an excellent job; and compliment Road and Bridge and Surface Water Improvements. Commissioner O'Brien stated this is a grant that will help to clean up the water going into the rivers, and it is part of ongoing projects for outfall improvement. Commissioner Cook stated it will also help with drainage and flooding in that area.
STAFF DIRECTION, RE: INTERLOCAL ANNEXATION AGREEMENTS
Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve the draft interlocal annexation agreement, and direct staff to return to the Board with individual interlocal agreements and exhibits for review and execution.
Chairman Voltz inquired if the cities were given copies, and did they respond in writing. Commissioner Cook stated he would like to know 30 days in advance. Commissioner Scarborough stated this is to allow staff to work further with them. Assistant Public Works Director Ed Washburn advised they have had success in meeting with the cities and are not ready to bring anything back to the Board; but there will be ample time when they finalize it.
Chairman Voltz called for a vote on the motion. Motion carried and ordered unanimously.
PERMISSION TO PLACE TENT ON TUCKER LANE, RE: TEEN MISSIONS
Motion by Commissioner Cook, seconded by Commissioner Scarborough, to grant permission for Teen Missions International, Inc. to place a 218-foot by 110-foot tent on its property at 660 Tucker Lane, in Cocoa, for display of an Old Testament Tabernacle and religious services fro November 1, 1998 through April 1, 1999. Motion carried and ordered unanimously.
AWARD OF BID #B-5-8-73 AND CONTRACT, RE: REHABILITATION OF GRAVITY SEWER IN SOUTH BEACHES - PROJECT #6
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to award Bid #B-5-8-73, Rehabilitation of Gravity Sewer in South Beaches - Project #6, to Madsen-Barr/Philip Utilities Management Corporation, at $739,148, and authorize the Chairman to execute the Contract with the contractor.
Water Resources Director Richard Martens advised sewer rehabilitation projects are to correct groundwater flow into leaky sewers; they do that by placing liners inside sewer pipes; last year they used a PVC base material they never used before; and during the installation they noted certain deficiencies that were characteristic of that material. He stated as it was being installed, it had a tendency to crack and split which reduced the effectiveness of the relining job; because of that experience, they excluded that material from the bid specifications; the contractor from last year's job submitted a job for the PVC material even though it had been excluded from the specifications; so they were non-responsive to the bid specifications.
Commissioner Higgs advised they have a video inside the sewer to show how it works; the technology being used by the Utilities staff is amazing not only to do the job, but also to examine jobs that are being done for the County; and it was very educational to see the actual leaks in the pipes, so she supports proceeding with the item.
Chairman Voltz called for a vote on the motion. Motion carried and ordered unanimously.
BOARD REVIEW AND DIRECTION, RE: COUNTY PUBLIC OFFICIALS' BONDS
Chairman Voltz advised in light of the new legislation which allows the Board rather than the State to set bond requirements, staff is requesting whether the Board should require public officials bonds, and if so, what amounts would be required for which offices. She recommended the County Attorney address the issue.
County Attorney Scott Knox advised the new legislation puts the authority to decide whether or not public officials should have bonds and how much the bonds should be with the County Commission; and they are surety bonds to protect against wrongdoings.
Commissioner O'Brien inquired why should a Commissioner need a $2,000 bond; with Mr. Knox responding it may be to protect against misappropriation of funds, but the Clerk has all the appropriation powers.
County Manager Tom Jenkins advised the Board would have to litigate to collect surety bonds, so it would cost more than the bond to litigate. He stated it has been a round for a long time and has very limited benefit except for the companies the bonds are bought from. He noted the bond amounts are very small.
Commissioner Cook mentioned the problem in Lake County where the sheriff absconded with some money. Commissioner Scarborough recommended staff report back to the Board on who should have bonds and an appropriate amount. He noted he does not have money in his office, and does not write checks, but there may be other public officials who have funds that the Board may want to have bonded at an appropriate amount rather than across-the-board, and others who do not need to be bonded.
Chairman Voltz advised the Tax Collector, Property Appraiser, Sheriff, Supervisor of Elections, Clerk of the Courts, and County Manager could funnel money somewhere, but she does not see how commissioners would have that opportunity. Commissioner Higgs stated the County Attorney could give the Board advice whether the bonds are necessary; and recommended the issue be referred to the County Attorney and County Manager to come back with which bonds could be deleted and which would need to be increased.
Chairman Voltz directed the County Attorney and County Manager to review the public official bonds issue and return in 30 days with a report on who should have bonds and at what amounts.
AWARD OF PROPOSAL #P-3-8-21, RE: PUBLIC AND MEDIA RELATIONS, AND ADVERTISING AGENCY FOR TDC
Motion by Commissioner O'Brien, seconded by Commissioner Cook, to award Proposal #P-3-8-21, Public and Medica Relations, and Advertising Agency for Tourist Development Council (TDC) to Zimmerman Agency at an estimated cost of $500,000 annually; and authorize the Chairman to execute Agreements with the Agency for the services. Motion carried and ordered unanimously.
BOARD DIRECTION, RE: LEGAL REPRESENTATION FOR LAW LIBRARY
Commissioner Scarborough advised the law library has become an exclusive organization for the benefit of attorneys; at the same time statistics show the law library has a fundamental benefit to the citizens of the County. He stated he has seen conflict between his views and the views of the Law Library Board developing; and he does not want the attorney who represent the Board to represent an organization the Board may someday have a conflict with, so he will move to decline.
Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to decline to authorize the County Attorney's Office to provide legal advice or representation to the Law Library Board of Directors. Motion carried and ordered unanimously.
PERSONAL APPEARANCE - LEE MARINELLI, ESQUIRE, RE: DISCHARGE OF COUNTY LIENS ON RESIDENCE AT 1710 DAVIS DRIVE, MERRITT ISLAND
Attorney Lee Marinelli requested the Board release the property at 1710 Davis Drive, Merritt Island, from certain liens held by the County. He stated many years ago Joan and Donny William Cox were married, bought the residence, became divorced, and their interest in the property was split between them; Ms. Cox continued to live on the property and raise her children; in the late 1980's or early 1990's, Mr. Cox accumulated quite a tax bill with the IRS of over $80,000; and by June, 1995, the IRS filed liens against his share of the residence. He stated Mr. Cox got into difficulty with the County, was arrested on three occasions, and sentenced to various forms of punishment; but he racked up a number of fines with the County and the courts, as well as Public Defender fees that amounted to about $1,300; and that amount became a lien against his interest in the property. Mr. Marinelli stated the County liens came into being after the IRS liens were recorded; the effect is that the IRS liens have priority over the County liens; Ms. Cox died last November; her property is in the process of being administered; and they represent the Cox family in doing that. He stated Ms. Cox's interest is going to Patrick Cox, her son; he plans to buy his father's interest in the property and clear the IRS liens off the property by paying the IRS the value of Mr. Cox's interest in the property; and they would like to give Patrick Cox a clean title to the property.
Chairman Voltz stated the County will not get its money because the IRS lien has priority.
Commissioner O'Brien advised he was briefed on the issues by Mr. Amari; and he hates to give up any liens, but if not, the Board would pay attorney's fees because they will sue the County. He stated the Board has no choice unless it wants to end up in court with Mr. Amari and everybody else. Mr. Marinelli advised they are not asking the Board to release Mr. Cox from his financial responsibilities to the County or any or any other property Mr. Cox may have; and all they are asking is release of the residence on Davis Drive so it can eventually go to his son.
Motion by Commissioner O'Brien, seconded by Commissioner Cook, to authorize release of County lines on the residence at 1710 Davis Drive, Merritt Island, with the understanding that the title for the property will be transferred to Patrick L. Cox. Motion carried and ordered unanimously.
PERSONAL APPEARANCE - DOUG ROBERTSON, MIRA, RE: MODIFICATIONS TO ZONING CODE AS APPLY TO MERRITT ISLAND REDEVELOPMENT AREA
Doug Robertson advised there are zoning regulations that apply only to the Merritt Island Redevelopment Agency; MIRA evaluated all those regulations and recommended changes; and the first stage is for the Board to authorize its Zoning staff to work with MIRA and schedule meetings with the Zoning Board, LPA and this Board.
Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize staff to work with the Merritt Island Redevelopment Agency, provide a written analysis of the recommended changes to those portions of the Land Development Regulations which affect MIRA, and report to the Board at a subsequent meeting. Motion carried and ordered unanimously.
PERSONAL APPEARANCE - ANITA CRAGG, RE: ORDINANCE TO ALLOW BOAT AND RECREATIONAL VEHICLE STORAGE IN RESIDENTIAL SUBDIVISIONS
Anita Cragg advised her husband David Cragg talked to staff about requirements for storage areas for boats and recreational vehicles, and wrote a letter to Growth Management initiating changes in the Ordinance to allow storage of boats in designate areas in single-family residential subdivisions. She stated he was told it is not allowed unless it is in a BU classification. She stated it would not be a commercial endeavor, and would be managed by the homeowners association. She noted they are planning a subdivision and want to look at a nice storage area controlled by the homeowners association rather than asking for zoning change.
Commissioner Higgs stated it is a good idea, and recommended the Zoning staff review it and come back with recommendations. Ms. Cragg stated in a PUD they can have storage, but not in a single-family subdivision.
Motion by Commissioner Higgs, seconded by Commissioner Cook, to direct staff to provide a report and recommendations to the Board on an ordinance to allow boat and recreational vehicle storage in new residential subdivisions. Motion carried and ordered unanimously.
PERSONAL APPEARANCES - TOM CALLIN AND PAT O'NEILL, FLORIDA HIGHWAY PATROL, RE: PURCHASE OF NEW RADAR UNITS
Pat O'Neill, District Lieutenant with Florida Highway Patrol, introduced Trooper Tom Callin; and stated according to Florida TODAY, in a five-year period, between 1990 to 1995, there were 128 murders; those murders get the front-page headlines of the newspaper; but a problem that is not addressed is traffic fatalities because it has become commonplace. He stated traffic safety is their primary job; they want to reduce the number of fatalities; the Highway Patrol is tasked primarily on roads outside of municipalities and do not patrol within the cities; and unlawful speed is a major problem that contributes to traffic crashes. He noted some say speed does not cause crashes, but it enhances those that happen; the faster they go the greater the damage; there were 438 traffic fatalities in a five-year period; and that does not include the vast number of injuries. Lt. O'Neill stated currently Brevard County has 34 officers ranging fro a captain down to patrol officers; each officer should have a speed measuring device to determine vehicular speeds and take appropriate action; it is a pro-active measure of preventing traffic crashes; and the greatest tool they have in speed enforcement is a radar. He stated every officer should have one in the car; it is a simple unit to operate; they have ten reasonably new radars which they got from the State two or three years ago; and they are the stalker dual SL's. He noted the FHP purchased about 500 of those units; however, they have 1,700 troopers; and the only other radars they utilize are the ones the County purchased for them in 1986 which have worn out. He requested the Board assist them again to purchase 11 Stalker Dual SL radars at $28,710.00; and stated after the warranty period, FHP will bear all expenses for repair and maintenance of the radars. Lt. O'Neill stated the cost is never realized by any agency because the fines generated by the use of the radars eventually pay for the units. He stated he has in excess of 12 troopers with no speed measurement devices, so it is hard to reduce crashes. He noted it is the best tool, the easiest to use, and always available; and requested the Board's assistance.
Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize the purchase of 11 new Stalker dual radar SL's for Florida Highway Patrol at $28,710.00 from General Fund Contingency.
Commissioner O'Brien advised last year FHP generated almost a million dollars in fines that were returned to Brevard County; so this is an investment to stop the carnage on the roads and highways; and to put extra funds into the court system.
Clerk of the Circuit and County Courts Sandy Crawford advised 54.6% of the fines in the unincorporated area comes back to the County; and there are 84,000 tickets issued in Brevard County in a year.
Commissioner Higgs inquired if other counties buy equipment for Florida Highway Patrol troopers; with Lt. O'Neill responding a number of them do. Commissioner Scarborough stated the equipment will stay in Brevard County so it is the only county that will benefit; and it will make the troopers assigned to Brevard County more effective in protecting citizens. Discussion ensued on the number of traffic fatalities and seriously injured nationwide, and fines for speeding tickets.
Chairman Voltz called for a vote on the motion. Motion carried and ordered unanimously.
Chairman Voltz advised Sheriff Williams said it would take four ours for traffic to start moving after the launch. Community Development Administrator Peggy Busacca stated between 7:30 p.m. and 8:00 p.m. traffic should be normal, and east/west traffic would be the worst.
Commissioner Scarborough suggested postponing the meeting until November 30, 1998, and start at 4:30 p.m. to hear the ordinances, then the regular zoning agenda t 5:30 p.m.
Motion by Commissioner Scarborough, seconded by Commissioner Cook, to reschedule the October 29, 1998 Board meeting until November 30, 1998, starting at 4:30 p.m. to hear the ordinances, and 5:30 p.m. to hear the regular zoning agenda; and direct staff to contact all media and send out notices. Motion carried and ordered; Commissioner Higgs voted nay.
Chairman Voltz suggested allowing parents who work for the County and want to take their children to view the launch to take annual leave. Commissioner Scarborough stated some County personnel gear up for such events, so employees should not be given a day off.
Upon motion and vote, the meeting adjourned at 12:38 p.m.
HELEN VOLTZ, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
SANDY CRAWFORD, CLERK
(S E A L)