The Board of County Commissioners of Brevard County, Florida, met in regular session on October 14, 1997, at 9:05 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Vice Chairman Helen Voltz, Commissioners Truman Scarborough, Nancy Higgs and Mark Cook, County Manager Tom Jenkins, and County Attorney Scott Knox. Absent was: Commissioner Randy O'Brien.

The Invocation was given by Commissioner Helen Voltz, District 5.

Commissioner Mark Cook led the assembly in the Pledge of Allegiance.

DISCUSSION, RE: PORT ST. JOHN ADVISORY BOARD

County Manager Tom Jenkins stated the Port St. John Advisory Board has no mechanism to fill a vacancy; staff would like to prepare options and bring them back to the Board; and it would require an ordinance amendment.

Commissioner Cook requested the Board review the options next week.

Mr. Jenkins stated staff can bring the options back in two weeks.

APPROVAL, RE: CANCELLATION OF OCTOBER 21, 1997 REGULAR MEETING

Commissioner Higgs stated the Advanced Agenda for next Tuesday is not heavy; and requested the meeting be canceled and the necessary items be handled on October 23, 1997.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to cancel the October 21, 1997 Regular Meeting, and direct staff to schedule the pertinent items on the October 23, 1997 agenda and other items on the October 28, 1997 agenda. Motion carried and ordered unanimously.

DISCUSSION, RE: EAST COAST FLORIDA REGIONAL PLANNING COUNCIL

Commissioner Cook stated he received a letter regarding East Coast Florida Regional Planning Council's proposed fee structure; and requested an explanation on it.

Commissioner Higgs stated a blue ribbon panel was appointed from the Council to deal with the membership issues; it will meet tomorrow morning and she is a part of the panel; it met last month and talked about the membership issues; and what will come out of the panel will not negatively impact the County. She noted no decision has been made by the panel; it will go to the Council; and she will report back to the Board.

DISCUSSION, RE: ANIMAL CONTROL FEE RESOLUTION

Commissioner Cook inquired when will the Animal Control Fee Resolution come back to the Board; with Community Services Administrator Don Lusk responding October 28, 1997, and he does not have a date for the Animal Control Ordinance yet.

DISCUSSION, RE: GOLF CART COMPLAINTS

Vice Chairman Voltz stated she received a letter from Sheriff Williams regarding complaints of golf carts riding in the rights-of-way; and perhaps the Board can adopt an ordinance regarding this.

Commissioner Cook recommended the County Manager and staff review the issue and bring back recommendations to the Board.

PERSONAL APPEARANCE - MCKEE FAMILY, RE: RESOLUTION NAMING PAT MCKEE PLACE

Commissioner Cook read aloud a resolution naming a right-of-way in Section 30, Township 26S., Range 37E. off Wickham Road North as Pat McKee Place; and presented it to the McKee family.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution naming a right-of-way as Pat McKee Place in recognition of the service of Pat McKee to Brevard County. Motion carried and ordered unanimously.

Mrs. McKee expressed appreciation to the Board for the Resolution; stated Mr. McKee was a fine man; and he enjoyed his work and fellow workers.

PERSONAL APPEARANCES - KEVIN ZIMMER AND JUSTEN ARMSTRONG, RE: COMMENDATION RESOLUTIONS

Commissioner Higgs read aloud resolutions commending Kevin Zimmer, Justen Armstrong, and Stephen Greshel for Eagle Scout Awards.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution recognizing the achievement of Justen Armstrong in attaining the rank of Eagle Scout. Motion carried and ordered unanimously. (See page for Resolution No. 97-230.)

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution recognizing the achievement of Kevin Zimmer in attaining the rank of Eagle Scout. Motion carried and ordered unanimously. (See page for Resolution No. 97-231.)

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution recognizing the achievement of Stephen Greshel in attaining the rank of Eagle Scout. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT WITH THE VIERA COMPANY FOR VIERA TRACT D4, PHASES I AND II

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution releasing Contract dated July 20, 1993 with The Viera Company for improvements in Viera Tract D4, Phases I and II. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT WITH PINEDA CROSSING CORPORATION FOR PINEDA CROSSING, PHASE 3

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution releasing Contract dated November 26, 1996 with Pineda Crossing Corporation for improvements in Pineda Crossing, Phase 3. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT WITH THE VIERA COMPANY FOR VIERA TRACT L

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution releasing Contract dated May 11, 1997 with The Viera Company for improvements in Viera Tract L. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT WITH COMMONWEALTH DEVELOPMENT COMPANY FOR MEADOW LAKE SUBDIVISION

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution releasing Contract dated July 1, 1997 with Commonwealth Development Company for improvements in Meadow Lake Subdivision. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT WITH THE VIERA COMPANY FOR VIERA TRACT 12, UNIT 1 - WICKHAM LAKES

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution releasing Contract dated November 12, 1996 with The Viera Company for improvements in Viera Tract 12, Unit 1, Wickham Lakes. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: CYPRESS WOODS SUBDIVISION

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to grant final plat approval for Cypress Woods 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.

RESOLUTION, RE: CHANGING EXPIRATION DATE AND PRO-RATED FEES FOR SWIMMING POOLS AND BATHING PLACES

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution changing expiration date and allowing a quarterly proration fee for all public swimming pools and bathing beaches. Motion carried and ordered unanimously.

APPROVAL OF RECOMMENDATIONS AND APPOINTMENT OF NEGOTIATION COMMITTEE, RE: WICKHAM ROAD WIDENING PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Consultant Selection Committee's ranking of the short-listed consultants for engineering services for the Wickham Road Widening Project from U.S. 192 to Nasa Boulevard; and appoint Tom Jenkins, Scott Knox, Henry Minneboo, Jr., and John Denninghoff or their designees to the Negotiation Committee to negotiate fees for the services. Motion carried and ordered unanimously.

RESOLUTION, RE: CONSIDERING NATIONAL ROOFING SOUTH FLORIDA, INC. AS A QUALIFIED EXISTING BUSINESS FOR TAX ABATEMENT

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution to consider tax abatement application for National Roofing South Florida, Inc.; request the Property Appraiser provide the Board with the necessary report and the Economic Development Commission conduct economic analysis and provide the Board with a recommendation of the tax abatement application; and authorize advertising public hearing to consider adopting an exemption ordinance for November 25, 1997. Motion carried and ordered unanimously.

CONTRACT WITH DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: FY 1997- 98 COOPERATIVE AQUATIC PLANT CONTROL PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Contract with State of Florida, Department of Environmental Protection, for the FY 1997-98 Cooperative Aquatic Plant Control Program, from October 14, 1997 through September 30, 1998. Motion carried and ordered unanimously.

TASK ORDER NO. 97-01 WITH HDR ENGINEERING, INC., RE: RECOMMENDATIONS TO EXTEND LIFE OF SARNO ROAD CLASS III LANDFILL

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Task Order No. 97-01 to Agreement with HDR Engineering, Inc. dated April 29, 1997, to provide recommendations to extend the life of the Sarno Road Class III Landfill. Motion carried and ordered unanimously.

PERMIT AND RIGHT-OF-WAY AGREEMENT WITH U.S. ARMY CORPS OF ENGINEERS, RE: ATMOSPHERIC AND CLIMATIC TESTING ON COUNTY PROPERTY

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Permit and Right-of-Entry Agreement with U.S. Army Corps of Engineers to permit the A.C.O.E. to enter upon property owned by Brevard County for atmospheric and climatic testing. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARINGS, RE: FLORIDA CITIES WATER COMPANY'S REQUEST FOR SERVICE AREA EXPANSION

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to grant permission to advertise public hearings on October 28, 1997 and November 4, 1997 on Florida Cities Water Company's request to expand the service area of its Barefoot Bay water and wastewater system. Motion carried and ordered unanimously.

APPROVAL OF PURCHASE, RE: MICROWAVE RADIO EQUIPMENT

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve the Budget Change Request for purchase of microwave equipment for $134,060 to replace the existing link between Titusville and the Mims Satellite Receiver Site. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to appoint and/or reappoint the following:
Access to Government Information Committee
James Dace, 813 S. Waterway Drive, Barefoot Bay, Florida 32976-7027, replacing Kristina Densler, with term expiring December 31, 1997.

South Mainland Library Advisory Board
Jeanne Osborne, 100 Cherokee Street, Barefoot Bay, Florida 32976, replacing Jewell Lasprogato, with term expiring December 31, 1997. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Bills and Budget Transfers, as submitted. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING COMMERCIAL ZONING CLASSIFICATIONS TO PERMIT SINGLE-FAMILY RESIDENCE

Vice Chairman Voltz called for the public hearing to consider an ordinance amending commercial zoning classifications to permit single-family residence.

Chief Senior Planner Tom Myers stated the ordinance permits a single-family residence in commercial zoning classifications; and it was reworked from the last meeting.

Commissioner Scarborough stated it is what the Board requested and he will move the item.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Ordinance amending Section 62-1481(1)(A), permitted uses in the restricted neighborhood retail commercial zoning classification BU-1-A and Section 62-1482(1)(A), permitted uses in the general retail commercial zoning classification,

BU-1, and Section 62-1483(1)(A), permitted uses in the retail, warehousing and wholesale commercial zoning classification BU-2, and Section 62-1511(1)(A), permitted uses in the general tourist commercial zoning classification TU-1, and Section 62-1512(1)(A), permitted uses in the transient tourist commercial zoning classification TU-2, and Section 62-1541(1)(A), permitted uses in the planned business park zoning classification PBP, and Section 62-1542(1)(A), permitted uses in the planned industrial park zoning classification PIP, and Section 62-1543(1)(A), permitted uses in the light industrial zoning classification IU, and Section 62-1544(1)(A), permitted uses in the heavy industrial zoning classification IU-1; specifically amending the above referenced sections to allow a single family residence on a minimum lot or multi-family development not exceeding 12 units per acre or the Brevard County Comprehensive Plan residential density guidelines whichever is less; also amending Section 62-2106, compound commercial/industrial and residential use, to eliminate the requirement that a 6,600-square foot area be set aside for residential development in commercial and industrial zonings; providing for conflicting provisions; providing for severability; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING GOVERNMENT MANAGED LANDS (GML) ZONING CLASSIFICATION

Vice Chairman Voltz called for the public hearing to consider an ordinance amending Government Managed Lands (GML) zoning classification.

Chief Senior Planner Tom Myers stated the ordinance is basically truth in zoning for government; it requires governmental entities to tell what they are going to use the land for, including parks and conservation, institutional, or high intensity-type uses such as sewer plants, and other industrial-type uses; and it gives the public a better awareness of what they are going to get.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Ordinance amending Chapter 62, "Land Development Regulations", Code of Ordinances of Brevard County, Florida; amending Article VI, Division IV, Subdivision IX, "Special Classifications"; specifically amending Section 62-1572 "Government Managed Lands", specifically requiring classification of government uses as either institutional, parks and conservation, or high-intensity use; providing for conflicting provisions; providing for severability; and providing an effective date. Motion carried and ordered unanimously.

REQUEST OF FREDDIE AND AVIS FURMAN, RE: REDUCTION OF CODE BOARD PENALTY

Freddie Furman stated in 1995, he received a request from the Code Board to file for a permit; he had until September 13, 1995 to file; he had plans and went through the structural permit process; and the problem was finances. He stated on July 17, 1995, the County received all the information it needed; it was six or seven days before the deadline; on July 14, 1995, Code Enforcement told him he had not complied; however, his plans were on their desk; and he does not understand it. He noted he cannot explain everything that has happened; he complied on time; and he does not have the money to pay the fine. Mr. Furman stated there is no provision for people who are having hard times; he requested the County take payments and the $112 he had, but the answer was no; and that is where the issue is at the present time.

Vice Chairman Voltz inquired what took so long to get the actual permit in hand; with Mr. Furman responding he was going through some battles, including health problems and litigation.

Roger Lyles, Manager of Code Enforcement, advised this case began in November, 1993 when the Furmans were verbally notified they needed a permit; nothing occurred by them and the Notice of Violation was sent to their residence; they refused to sign for it; County staff had to post the property with a notice; and nothing occurred until approximately two years later when Mr. Furman applied for the building permit.

John Smith, Building Department, stated County staff received the application for a permit on September 7, 1995, processed it and found there was paperwork missing; therefore, staff could not complete the process. He stated it attempted to notify Mr. Furman, but there was no answer. He noted generally when someone turns in a building permit application, they wait a few days and call to see if their permit is ready; and staff never heard from Mr. Furman.

Mr. Furman stated he was involved with fighting the State of Florida; he was not ignoring the County; however, his lawyer told him not to take any written letters from anyone because the prosecutors were sending things to his house.

Commissioner Cook inquired if the property is in complete compliance now; with Mr. Furman responding affirmatively. Commissioner Cook suggested reducing the fine to the cost incurred.

Discussion ensued on the special master hearing the case, explaining the facts of the case, submitted plans, request to appeal, chronology of events, notice of violation, Code Board, additions to the property, application for permit, accrual of fines, and compliance period.

Commissioner Cook noted Mr. Furman applied for the permit within the 120 days, but did not pick it up; with Mr. Smith responding that is correct. Commissioner Cook stated the County should dispose of this issue; Mr. Furman made an effort, although he did not actually pick up the permit; and the property is in compliance at this time.

Commissioner Higgs stated what began in November, 1993 did not get resolved until April, 1997; that is almost a four-year period when the property was not in compliance; the special master and Code Board have recommended the $14,725 fine be reduced to $1,000; and there are no facts that would convince her to do something other than what is being recommended by the special master. She stated the County has rules that people need to follow.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to reduce Code Board penalty to $250 with equal payments over one year. Motion did not carry; Commissioners Cook and Voltz voted aye, Commissioners Scarborough and Higgs voted nay.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Reduction of Administrative Fine for Freddie and Avis Furman in the amount of $1,000 to be paid over a one-year period. Motion carried and ordered; Commissioner Voltz voted nay.

REQUEST OF THOMAS J. ENGLISH, RE: REDUCTION OF CODE BOARD PENALTY

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Reduction of Administrative Fine for Thomas J. English in the amount of $10,000. Motion carried and ordered unanimously.

CONTRACTS, RE: RIGHT-OF-WAY ACQUISITION FOR MALABAR ROAD WIDENING PROJECT, PHASE II

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to authorize the Chairman to execute all necessary contract documents for right-of-way acquisition for Malabar Road Widening Project, Phase II. Motion carried and ordered unanimously.

APPROVAL, RE: ARCHITECTURAL/ENGINEERING AND CONSTRUCTION SERVICES AT SPACE COAST STADIUM

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Change Order in the amount of $29,097 with Paulus, Sokolowski & Sartor, Inc. for architectural and engineering services at Space Coast Stadium; authorize obtaining formal quotes and awarding to low qualified bidder for installation of gutter system between the first and second floors; and authorize Public Works Department's construction personnel to construct exterior walls, handrails, and french drains at the Stadium per Paulus, Sokolowski & Sartor, Inc.'s drawings. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - PATTI CHANDLER AND HYTA MEDERER, FLORIDA WILDLIFE HOSPITAL AND SANCTUARY, RE: FINANCIAL ASSISTANCE

Patti Chandler, President of Florida Wildlife Hospital and Sanctuary, stated their mission is to rehabilitate, whenever possible, and return to natural habitats sick, injured or orphaned wildlife in accordance with State and Federal regulations; and their staff of volunteers also educate the public in humane and non-destructive ways to handle the human/wildlife interaction.

Hyta Mederer, Vice President of Florida Wildlife Hospital and Sanctuary, stated they provide a valuable service to Brevard County; it has taken in more than 1,700 wild animals; it receives a great deal of support from the community in the form of volunteers; and one of their roles is assistance to Brevard County Animal Control.

Ms. Chandler requested financial assistance and support from the Board. Vice Chairman Voltz inquired does Florida Wildlife Hospital have a figure in mind; with Ms. Chandler responding $600 a month.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct staff to prepare a proposed contract with Florida Wildlife Hospital and Sanctuary, including the types of services and compensation for such services; and bring it back to the Board in 30 days. Motion carried and ordered unanimously.

Commissioner Cook requested staff document how many times Animal Control refers calls to Florida Wildlife Hospital and Sanctuary and what kind of interaction the County has with it.

AMENDMENT TO AGREEMENT FOR SALE AND PURCHASE WITH BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, RE: EELS PROGRAM - SCHMITT PARCEL

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Amendment to Agreement for Sale and Purchase with Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, containing new legal description which has been revised to include additional property, known as the Schmitt Parcel. Motion carried and ordered unanimously.

APPROVAL OF SCHEDULE, RE: JANUARY AND FEBRUARY, 1998 ZONING MEETINGS

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve Option 1, to schedule the Board's January and February zoning meetings for January 29, 1998 and February 26, 1998; and reschedule the December 18, 1997 Zoning Meeting to December 11, 1997. Motion carried and ordered unanimously.

AGREEMENTS TO EXTEND EXISTING CONTRACTS, RE: CENTRAL BREVARD HUMANE SOCIETY, INC.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Agreements to Extend Existing Contracts with Central Brevard Humane Society, Inc. (Central and South Branch) for animal sheltering services from October 1, 1997 through December 31, 1997 or until new contracts are executed. Motion carried and ordered unanimously.

LEASE AGREEMENT WITH MICCO VOLUNTEER FIRE DEPARTMENT, INC., RE: HEAVY RESCUE VEHICLE

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Lease Agreement with Micco Volunteer Fire Department, Inc. for lease of a heavy rescue vehicle purchased by the volunteers at approximately $10,000 per year; and direct staff to provide additional information to the Board regarding insurance and the Legislative Package. Motion carried and ordered unanimously.

PUBLIC COMMENT

Gloria Kollosch stated she is a resident of Imperial Estates in Titusville; her fellow residents and her are being held hostage by four neighborhood pit bulls; the dogs were recently involved in two attacks; and October 10, 1997, she watched a terrified mother and daughter surrounded by the four dogs in front of their house. She stated she lives in fear for her 15-month old son and for the children of Imperial Estates Elementary School; she should not be held captive and forced to stay inside her home; the laws governing these dogs need to be changed soon; and requested the Board help free her neighborhood and those like hers.

Commissioner Higgs inquired has any action been taken by Animal Control; with Community Services Administrator Don Lusk responding the animals have been declared dangerous and fines up to $510 were issued.

Vice Chairman Voltz inquired does Animal Control staff check to make sure the owner of the dogs has cages in the backyard to put the dogs in. Assistant Housing and Human Services Director Jasper Trigg responded staff will inspect the premises to be sure all requirements have been complied with; the animals cannot leave the property unless the owner is taking them to the veterinarian; and permission has to be granted by Animal Control.

Karen Tidwell stated the owner of the dogs has a secured kennel in his backyard, but does not put his dogs in there consistently; they run in the backyard; and he has a stockade fence which is in need of repair. She noted the dogs get out when they are in the home; the owners leave their front door open; they are constantly in the neighborhood; and two attacks have taken place on her dogs, and the four pit bulls chased her daughter as she rode her bicycle last week. She stated the neighbors are being held hostage in their own yards and have a fear of these dogs attacking.

Vice Chairman Voltz stated the major problem is not the dogs, but the people who own the dogs; and the Board needs to look at levying heavier fines and placing misdemeanor or felony charges against the owners for their dog attacks on people.

Commissioner Higgs inquired when will the ordinance come before the Board; with Mr. Lusk responding staff has not set a date, but would like to do it as soon as possible.

Commissioner Cook requested staff have options for the Board on October 28, 1997, if possible.

Commissioner Scarborough expressed concern as the dogs live across the street from an elementary school; the County may have a liability; and when the school is out, he would like to see an Animal Control officer there until this situation is solved.

Commissioner Cook requested the County Attorney look at putting something in the Legislative package to the Delegation if it needs to be addressed on a State level.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 10:40 a.m.

HELEN VOLTZ, VICE CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

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