The Board of County Commissioners of Brevard County, Florida, met in regular session on April 20, 1999, at 5:30 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Nancy Higgs, Sue Carlson, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox. Absent was: Commissioner Randy O'Brien, due to illness.

The Invocation was given by Reverend John M. Higgins of Unitarian Universalist Church of Brevard, Melbourne Beach, Florida

Commissioner Nancy Higgs led the assembly in the Pledge of Allegiance.

ANNOUNCEMENT

Chairman Scarborough advised Commissioner Randy O'Brien had surgery and is recuperating, so he will not be at the meeting.

REPORT, RE: CENTRAL FLORIDA REGIONAL TOURISM SUMMIT

Commissioner Carlson advised the Central Florida Regional Tourism Summit is coming up; and inquired if Chairman Scarborough is going to it since he is the TDC liaison.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize any Commissioner to attend the Central Florida Regional Tourism Summit. Motion carried and ordered unanimously.

REPORT, RE: MAX BREWER BRIDGE

Chairman Scarborough advised they are making progress on their discussions on the Max Brewer Bridge; it is hoped they will be able to move forward and get the State to change rather than use local option gas tax; and in discussions this afternoon, it was suggested to use Guy Spearman's ability to give the Board some guidance in Tallahassee.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize Guy Spearman to assist with obtaining a funding source for the Max Brewer Bridge project rather than using local option gas tax funds. Motion carried and ordered unanimously.

REPORT, RE: NOTICE POLICY FOR LARGE DEVELOPMENT PROJECTS

Chairman Scarborough advised he was invited to attend a meeting at Bent Oak Country Club to discuss a development; unless limitations are put on it, it will exceed the DRI thresholds; and although it is a massive project, notice was only given to people within 500 feet of the property. He stated the people in the Sherwood area feel that notice should be given to a larger area for large projects because of impacts from traffic, etc. He recommended staff look at the notice provision and give some thoughts on how to properly notice people of larger projects. He stated he does not have the answer, but there should be a methodology, such as measuring across the project and noticing at least those who live in a similar distance as the diameter of the project.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to direct staff to review the notice provisions that provide for courtesy notices being sent to property owners within 500 feet, consider increasing the distance for larger projects, and provide recommendations on how to properly notice people about larger projects. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING SECRETARIES WEEK AND DAY

Commissioner Voltz read aloud a resolution proclaiming April 18 through 24, 1999 as Secretaries Week, and April 21 as Secretaries Day in Brevard County.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution proclaiming April 18 through 24, 1999 as Secretaries Week, and April 21, 1999 as Secretaries Day in Brevard County; and encouraging all businesses and industries to join in giving due recognition to secretaries. Motion carried and ordered unanimously.

Commissioner Voltz presented the Resolution to four secretaries.

RESOLUTION, RE: PROCLAIMING VOLUNTEER APPRECIATION DAY

Commissioner Higgs advised the volunteers were recognized at a reception; and read aloud the resolution proclaiming April 20, 1999 as Volunteer Appreciation Day in Brevard County in recognition of the efforts and contributions of volunteers, and expressing sincere gratitude to them for their outstanding service.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution proclaiming April 20, 1999 as Volunteer Appreciation Day in Brevard County. Motion carried and ordered unanimously.

Commissioner Higgs presented the Resolution to Frank Abbate and Paula Davidson. Mr. Abbate advised the volunteers provide a wide array of services to several departments; and they provided over 50,000 hours last year, and over 240,000 Countywide; and identified and recognized many of the volunteers. He stated they have room for more volunteers and anyone interested can call Paula about the programs that are available.

RESOLUTION, RE: PROCLAIMING AUTISM AWARENESS WEEK

Commissioner Carlson read aloud a resolution proclaiming the fourth week of April, 1999 as Autism Awareness Week in Brevard County to remind the general public of the difficulties the children go through and the difficulties that parents, caregivers, health care workers, and others go through in their efforts to educate and care for those children.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution proclaiming the fourth week of April 1999, as Autism Awareness Week in Brevard County. Motion carried and ordered unanimously.

Commissioner Carlson presented the Resolution to four representatives, one of whom advised of the effects of the disease and what is being done today to improve the quality of life for those who suffer from autism. She presented a video of Christian, an eight-year old boy who is being tutored and improving.

ACCEPTANCE OF REVISED CONTRACT WITH FLORIDA DEPARTMENT OF HEALTH, RE: ADDITIONAL FUNDING FOR FY 1998-99

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to accept revised pages to the Contract with Florida Department of Health for additional funding for FY 1998-99 from State General Revenue, WIC Administration Program, AIDS Prevention Program, AIDS Surveillance Program, and Breast and Cervical Cancer Program. Motion carried and ordered unanimously.

AUTHORIZE ONE-TIME WAIVER OF BOARD-APPROVED HOUSING REHABILTIATION POLICIES, RE: MURBE REHABILITATION

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to authorize one-time waiver of the Housing Rehabilitation Policies to allow completion of work on a home at 1509 S. Wickham Road, West Melbourne; allow the project to exceed the $38,000 total maximum cost provided in the SHIP Housing Assistance Plan; provide all work to the house in excess of the original contract price as a grant to the homeowner with no additional mortgage lien; and authorize staff to place the balance of the funds on the G. L. Karel Builders Contract in the Court Registry for clearing the lien. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve bills as presented. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTIONS VACATING RIGHTS-OF-WAY IN PLAT OF FLORIDA INDIAN RIVER LAND COMPANY - LAKE RIDGE DEVELOPMENT COMPANY AND ROBERT L. LEICHTENBERG

Chairman Scarborough called for the public hearing to consider Resolutions vacating rights-of-way in Plat of Florida Indian River Land Company, as petitioned by Lake Ridge Development Company and by Robert L. Leichtenberg.

Attorney Richard Torpy, representing the petitioners, advised of attempts to resolve the problem with Mr. Clark, and their lack of success to come to an agreement. He stated the right-of-way should be vacated; staff recommended the vacating; it goes no where and services no one; and it is separated by one foot from the current road that serves Lake Ridge Subdivision. He advised the spite strip is there to protect the homeowners of Lake Ridge Subdivision; the lots owned by Mr. Leichtenberg and Mr. Pence adjacent to Amanda's Avenue have been set up to become part of the Subdivision; and that is the reason for the vacatings. He advised of offers to provide an easement for use by Mr. Clark including his tractor; described the right-of-way being used by the Clarks; and requested the Board ask Mr. Clark what he is willing to do.

Commissioner Higgs advised Mr. Clark offered suggestions this afternoon; and recommended they get together and try to resolve the issues. She noted she was given a letter objecting to the vacating of Amanda's Avenue and would give it to staff. Chairman Scarborough recommended they discuss it in the hallway; and stated the Board will postpone the public hearings until later in the meeting.

PUBLIC HEARING, RE: ORDINANCE EXTENDING TEMPORARY MORATORIUM ON ISSUANCE OF DEVELOPMENT PERMITS FOR POWER PLANTS

Chairman Scarborough called for the public hearing to consider an ordinance extending the temporary moratorium on the issuance of development permits for power plants.

County Attorney Scott Knox advised this is the extension of the moratorium ordinance, which restricts the extension to the power plants; and he understands there was a problem with the advertisement.

Assistant County Manager Peggy Busacca advised the County Attorney's Office asked staff to be conservative in the way it is advertising, and to advertise with a quarter page ad and certain type print; and they would like the ability to do that for the moratorium ordinance. She stated staff did it for this meeting, and would like the ability to do it for a second meeting on May 4, 1999; and requested this be the first reading and the second and final reading be on May 4, 1999.

Chairman Scarborough advised the Board will take comments tonight and not take action until the May 4, 1999 meeting; and explained the lighting system.

Douglas Sphar stated the Board should not abandon ship on the moratorium; some businesses expressed concern it may impact doing business in Brevard County; but the Board found a way to accommodate their needs. He stated a delay could allow incompatible industry; and requested the Board continue the moratorium.

Chairman Scarborough advised Andree Quimette does not want to speak, but wants the moratorium extended.

Tom Berringer stated a lot of people sitting behind him have come monthly dedicated to ensure they get things done according to what the law states; and appealed to the Board to continue investigating the situation with a moratorium on behalf of the citizens of West Cocoa and Brevard County. He stated they appreciate the Board's efforts and will be present to support it.

Attorney Ken Crooks with Dean Mead, representing the Oleander Power project, expressed concern about the notice being done properly. He stated the copy he has appears to have been published April 16, 1999 for tonight's meeting; if the second reading of the ordinance is proposed for May 4, 1999, it will not satisfy the notice requirement; and he would appreciate it, so they do not have to come back two more times, to have it confirmed that the notice has been done properly. Mr. Crooks requested the Board explain what the logical distinction is between the industrial uses that have been stricken from the application of the extended moratorium ordinance and the sole and singular permit applicant, his client, who still remains subject to the moratorium ordinance. He inquired if it is not an emergency, as the Board indicated at its last hearing on the ordinance, to adopt a moratorium affecting any use other than this particular permit applicant, what is the emergency sufficient to justify adoption of the moratorium ordinance that only affects one particular permit applicant, other than the County's intent to stop the Oleander Power project. He stated he sees no other logical or legal distinction; there may be others here who feel the end justifies the means, but that is not good public policy; and what is being done is simply discriminatory and violates his client's equal protection rights. He stated he hopes the Board considers the equity and logic of what it has been doing and do the right thing, not the politically expedient thing, and allow the project to go through its site plan process as if the Ordinance, which they believe was also improperly noticed, had not occurred. Mr. Crooks stated the Board is considering another ordinance to establish a public hearing process for all industrial uses; and inquired if all other industrial uses can go through their site plan process subject to the newly adopted public hearing requirement, then why can't the Oleander permit application do the same. He noted that is what they are requesting.

Craig Bock thanked the Board for looking at what Brevard County is going to be like in the future; and stated they care about the type of industry that comes to Brevard County. He stated at the last LPA meeting, one of the attorneys said EDC was a quasi-governmental agency that perhaps spoke on behalf of the Board or an extension of the Board; and he was concerned that they were being represented as standing on behalf of the Board to represent the people. He requested the Board keep Brevard beautiful and be pro-growth and pro-business, but do it in the proper way.

Chairman Scarborough advised Arthur and Janice Eide did not want to speak but want the moratorium continued.

Mike Stallings, representing Forest Lakes of Cocoa Condominium of 246 units, stated they are in favor of extending the moratorium. He stated by taking the time, looking at the Ordinances, and setting the tone of the industries and amount of pollution that would be allowed any industry that comes into Brevard County is admirable; and the Board will be protecting their rights as citizens and residents of Brevard County.

Chairman Scarborough advised Mr. Crooks raised the issue of proper notice; and inquired if there is a problem with the May 4, 1999 date; with County Attorney Scott Knox responding it is his understanding that the second advertisement published for that meeting is in concurrence with the Florida Statutes. Chairman Scarborough requested Mr. Crooks address his statement that the notice will not be adequate for May 4th. Mr. Crooks advised the notice for tonight's meeting was advertised four days ago according to the only document he was provided, and that is insufficient. Mr. Crooks stated there has to be two notices; and if the second notice has not been done as yet, it has to be ten days after this hearing and five days before the meeting, a total of 15 days between the first and second hearings; and May 4th would only be 14 days. Chairman Scarborough stated he does not want a technical glitch that would require hearing this issue more than it needs to be heard. Mr. Crooks stated so would they and probably the people in the audience as well. Chairman Scarborough instructed the County Attorney to look into the notice issue immediately; and advised the public as soon as Mr. Knox has an answer, he will let them know.

STAFF REPORT, RE: SIGN REGULATIONS

Bruce Moia, Code Compliance Department, advised staff was directed to do a comparison of some of the Ordinances in the State, and communities that have Sign Ordinances that are considered more progressive or restrictive; and they did the comparison and provided language from those Ordinances in the report. He stated it is divided into three issues--(1) alternate sign design concepts for on-premise signs; (2) removal/compliance of existing nonconforming on-premise signs; and (3) removal of illegal and abandoned on-premise signs.

Commissioner Voltz advised she toured Port Orange and found things to be neat and orderly; however, Brevard County may not be able to do the same thing. She stated Port Orange is a relatively new community that started out with the Ordinance; but Brevard County can, from this point on, do something like that, and eventually all the signs will catch up. She stated to go back and make everyone change their signs now would make everything nonconforming. Mr. Moia stated if the Board changes the language of its current Ordinance it would make any sign permitted under the old Ordinance nonconforming. Commissioner Voltz stated the signs are made the same as the outside of the building; it does a lot for a community and is something Brevard County should have thought about a long time ago; it may not be able to go back and readdress that; but it has to start somewhere.

Chairman Scarborough inquired if it can be done without having a harmful effect on the business community and become a burden. He stated he hopes it will be supported by the business community because their property values will increase and in time all signs have to be replaced or redone, so the board would not have to force amortization, because once it sets a high standard, it will naturally occur as neighboring businesses do replace their signs.

Commissioner Voltz inquired about wooden signs not being permitted in Viera; and noted she has seen beautiful wood-carved signs, and does not know if the Board wants to prohibit those. Commissioner Carlson advised there are nice wood-carved signs; however, Viera was concerned about longevity of signs and reduction of deterioration.

Commissioner Higgs stated some sign design concepts would be in the interest of Brevard County, and she would support that; as most communities that have gone to more restrictive sign ordinances, Brevard County should set an amortization date; and five years seem to be a reasonable amount of time. She noted most business replace signs within five years, so it could be handled that way. She stated the County has the ability to remove illegal and abandoned signs under the existing Sign Ordinance. Commissioner Higgs advised there are people installing signs, who are paid by businesses and may not have permits, so they may not be installing the signs in conformance with the Brevard County Codes. She stated the Board has a contractors licensing board; part of its Code deals with contractor licensing; there are many communities that include sign installation as a part of contractor licensing; and it would be fairly easy to take sign installation and put it under a regulatory agency as are most of the construction industry, so that people who erect signs will have qualifications and expected to conform with the law. She stated that would be a part of the whole process of bringing the sign ordinance and signs in the County into compliance and more aesthetic. She advised several counties were checked and many do regulate sign installation; so she would support design concepts, amortization, and a fee and additional requirements for sign installers to be licensed. She noted people who pay good money for signs would have a means by which to ensure they are getting what they pay for, which is a legal sign.

Chairman Scarborough stated there has to be trade-offs; if it is done quickly, there may be momentary gains; but if it gets favorable responses from the cities that may want to go with a uniform sign ordinance, the County, with the help of the cities, could create a countywide ordinance where the cities would have a right to opt out. He noted some cities are interested; and he hopes the Chambers will have committees of businessmen to improve the quality of life of the business community and enhance their value because of attractiveness. He stated he would like to move forward with input from the cities and Chambers, and work through the community so it has one of the better counties in the State.

Commissioner Voltz stated she supports the design concepts and removal of illegal and abandoned signs, but she is not sure five years for amortization is long enough; and suggested ten years. Chairman Scarborough indicated he is not in favor of amortization and preferred to give a longer period and higher quality. He stated the marketplace will drive businesses to improve their signage. Commissioner Voltz inquired if Chairman Scarborough is suggesting letting replacement of signs happen by itself; with Chairman Scarborough responding if a businessman knows the standards, he can tell the Board where he feels comfortable with amortization; so the Board needs to define where it is going before forcing amortization.

Commissioner Carlson advised of the Fernandino Beach Code on nonconforming signs which talks about amortization periods based on the cost of the signs. She noted if the sign cost less than $500, they were given 12 months, but if it cost $6,000 they were given 66 months; and the County needs to have a more aggressive amortization provision. She stated if they are given five years, they will wait five years before doing anything about it, so there needs to be a more aggressive approach.

Chairman Scarborough stated he does not want someone fighting against a good ordinance because of amortization; and he would prefer high quality and work into it over a longer period of time, rather than lower standards and have everybody conform in a few years. He stated $500 may be a big impact on a small business, so it is hard to be fair; and the length of time they have signs to get their economic return on them may be a concern. Commissioner Voltz stated to determine how long the sign has been there, price of the sign, etc. will be a lot of work for staff; and if the Board let it happen by itself, it may be five years before it is all there, but it would probably happen.

Discussion continued on amortization, enforcement, sending copies of ordinances to the municipalities and Chambers for input, design concepts, countywide ordinance, asking cities how much time they would need to work on the ordinance, the League of Cities recommendation of 90 days, leaving amortization open at this time, using Port Orange or Viera as a basis from which to work on an ordinance, and providing the very highest standards and options.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct staff to develop an ordinance with very high standards, provide options, and bring it back to the Board before going to the cities and Chambers to get comments and recommendations on the provisions and amortization process. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct staff to consider licensing sign installers and send it to the Contractors Licensing Board for consideration, then return with a staff report and a report from the Licensing Board. Motion carried and ordered unanimously.

Commissioner Higgs advised removal of illegal and abandoned signs are provided for in the current Code. Commissioner Voltz recommended staff go forward and do it; and Chairman Scarborough agreed.

Attorney Torpy, representing the petitioners, advised they talked to the Clarks, and will put everything on the record they agreed to, and will follow up in writing, if the Board will vacate the entire right-of-way. He stated if that happens, Mr. Leichtenberg will grant an easement to the Clarks; the total length of the easement will be 203 feet, starting at the southern terminus of what is now known as Amandas Avenue, going 50 feet to the north; and the width of that easement will be 25 feet. He stated from that point, it will decrease to 15 feet for the remainder of the easement; the easement will be for the use of Mr. and Mrs. Clark, for their personal vehicles only and their farm implements, a tractor and gradall or things like that; and their son can also drive their vehicles on that easement if they want to. He stated the main thing they are trying to make sure does not happen is all of their friends, relatives, and commercial vehicles coming in and out by that easement; that is not part of the agreement; and that is not going to happen. Mr. Torpy advised the easement will be recorded and will run with the land; and if the land is sold, it will be an obligation to subsequent landowners as well. He stated there is an issue of whether or not there is going to be a driveway required by the Homeowners Association; if that is required, the Clarks will contribute up to $200.00 for the cost of that; and Mr. Leichtenberg will take care of the remainder of that cost; and he does not believe there is anything else to add to the agreement, but will ask the Clarks if that states what has been agreed to.

Mr. Clark stated it may be more than 203 feet; with Mr. Torpy responding there might be a few feet discrepancy to get to the actual point they need to come in at; and they agreed to the actual distance.

Commissioner Higgs inquired if Mr. Torpy will take care of the documents for Mr. Clark, and record the documents; with Mr. Torpy responding yes.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Resolutions vacating right-of-way in Plat of Florida Indian River Land Company, as petitioned by Lake Ridge Development Company and Robert L. Leichtenberg, with the conditions stated above by Mr. Torpy.

Commissioner Higgs inquired if the agreement represented to the Board does not come forward, what would be the position of the Board; with Mr. Knox responding the Board could continue the public hearing pending receipt of the agreement. Mr. Torpy recommended it be made a condition of the vacatings; with Mr. Knox responding that can be done.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to amend the previous motion to include the conditions stipulated and explained above, and the vacatings to be effective upon receipt of the signed recorded documents. Motion carried and ordered unanimously.

County Attorney Scott Knox advised the Board will have to hold two more public hearings on the ordinance extending the temporary moratorium on the issuance of development permits for power plants because the notice was not met for this meeting. He stated one public hearing is supposed to be after 5:00 p.m. unless the Board votes 4 to 0 tonight to do it some other time; there is time available on May 4th for the first public hearing; and that would be during the day. He stated May 18, 1999 is a night meeting which could fit the second public hearing unless the Board wants a different time during the day.

Commissioner Higgs recommended the suggested dates, including the night meeting.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to direct staff to re-advertise the first and second public hearings in compliance with Florida Statute requirements for May 4, 1999 during the day and May 18, 1999 at 5:30 p.m. to consider an ordinance extending temporary moratorium on issuance of development permits for power plants. Motion carried and ordered unanimously.

Commissioner Carlson inquired if the Board has control over when the ads get into the paper, and why is it in this position right now; with Mr. Knox responding there is a fl that says it has to be done a certain way; and if it is not done that way, it has to be repeated. He noted the ad was not done in the right way. Commissioner Carlson stated she does not know why this ad was messed up; with Mr. Knox responding he does not know either and did not do it.

Chairman Scarborough advised the public of the dates and times for the public hearings on the ordinance extending the temporary moratorium.

Craig Bock thanked the Board for its efforts, and suggested Mr. Knox oversee the process and be accountable. Mr. Knox stated he will make sure it is done properly.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE PROVIDING FOR REVIEW AND APPROVAL OF INDUSTRIAL SITE PLANS

Mary Tees advised $75 million was spent by the snowbirds who come to Brevard County; they also provide volunteer services; and inquired what part of that does the Board want to give up. She stated the Port says it is making money, but there are two smokestacks in Port St. John polluting the river; and inquired how long will Disney want to bring its boats in there, and how much money will be lost. She read an article from the Sentinel on tourism heading to Sarasota, indicating promotion of environmental, cultural, and historical resources as keys to success. She advised of the value of having tourists who do not impact resources and spend $75 million in six months; and requested the Board think about that while it contemplates the elements to including in an ordinance providing for review of industrial land uses.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to authorize staff to advertise a public hearing to consider an ordinance providing for industrial site plan reviews and approvals. Motion carried and ordered unanimously.

OPPOSITION TO SB CS/2268 AND HB2015, RE: UNIFORM CONTRACTOR LICENSING

Code Compliance Director Billy Osborne advised there is a bill in the legislature that would prohibit local jurisdictions from issuing any new local licenses as listed in the Florida Statutes for regulating contractors' categories after July 1, 1999. He stated what that means is the current local license holders will have a choice of becoming State licensed through the grandfathering process or keeping the licenses at the local level; and staff does not anticipate too many people keeping their local licenses if they have the opportunity to go to a State license. He stated Brevard County will be impacted by the bills because it will not have jurisdiction for disciplinary action over State contractors. He requested the Board's support in opposing the bills.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize the Chairman to send a letter to the Brevard Legislative Delegation and Governor opposing SB CS/2268 and HB 2015 regarding uniform contractor licensing, and authorize Guy Spearman to lobby against passage of those bills. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - LEIGH HOLT, BREVARD PRIVATIZATION TASK FORCE, RE: RECOMMENDATIONS FOR PRIVATIZING CHILD WELFARE SERVICES

Leigh Holt advised she is a volunteer with the Children Services Council and Brevard Children's Action Network, is an employee of United Way, focusing her attention on early childhood development and success by six, is a former foster parent, and adopted two children who were born with the Department of Children and Families as their primary caretaker. She stated about 300 children in Brevard County would like to go home but are outside of their home because of abuse and neglect; and one out of every five are not only outside their homes they are outside of the County. She stated if the family can be salvaged and reunified, that child and parent need to have supervised visits on a regular basis; the child needs to be in a stable permanent situation, go to the same school, and have the same case manager working with the parents and the child; and if the child is out of the County, it is likely that reunification will fail. She stated there is a concern that Brevard County children need to be taken care of in Brevard County; the Legislature has given the County the opportunity to say how it would like to care for its children; the Legislature passed legislation saying that all child welfare services will be privatized by 2003; and that includes protective services for children who are being supervised and are still with their birth family, foster care and related services, and adoption and related services. Ms. Holt advised the Brevard Privatization Task Force has done a lot of work since the beginning of February to investigate all parts of this issue; explained their efforts; and stated they developed draft recommendations that were given to the Board in advance. She stated the report will be forwarded to the Legislature with the primary recommendation to have a service delivery system in Brevard County for Brevard County children; the District 7 Board which includes Brevard, Osceola, Seminole, and Orange Counties, have children moving all through those counties as one system; the District would still oversee service delivery; but they would have the opportunity to contract with local providers and developer their own service delivery system for Brevard County children. She stated children need permanency and continuity of relationships; they need one case manager for the entire time they are in the system; right now they have different case managers for different programs; and her child had five case managers in one year. She stated right now case managers in Brevard County have case loads of 50 to 55 children each; the Department of Children and Families' rules say each child will be seen once a month; in actuality, that is not happening; and she hopes a new system will provide for children to be seen once a week so they can move more quickly to reunification or permanent placement that is appropriate for them. Ms. Holt stated there is a critical shortage of foster and adoptive parents; the community needs to focus on recruitment, training, retention, and monitoring of foster and adoptive parents; and it must have an advisory council of local citizens for constant monitoring of the service delivery system, policies, procedures, evaluation of outcomes, and determining the best use of the dollars. She requested the Commissioners individually or collectively provide written responses to the recommendations which will be passed on to the Health and Human Service Board for District 7 then on to the Legislature by July 1, 1999. She stated they hope the Commissioners will support and agree with the recommendations, but if they do not, they want to hear the concerns, and want the Legislature to know the community's concerns about the recommendations. She suggested thanking the Legislature for allowing local control and input into how to care for Brevard County children, and to encourage the Legislative Delegation to fight for equity between the Districts and counties. She stated District 7 has the second highest number of children in care and the second lowest allocation of dollars in the State; and it is important to let the State know if they want the system to be privatized it will cost more than the funds that are available today; and if the State does not give them funds, the County may have to be responsible for it. She stated there is not enough dollars to do the job correctly; unfortunately, privatizing the system will not save money; but it will allow local control of the system and use of available resources in the most efficient and effective way possible to save children.

Commissioner Carlson inquired why are children shuffled among the counties; with Ms. Holt responding there are not enough foster homes and beds to put them in. Ms. Holt stated on March 1, 1999, there were 281 Brevard County children in care; 64 were out of county; and at the same time, 42 children from other counties were in Brevard County beds. She stated in the last two days of February, 1999, 28 children came into care; and if the Department finds no place in Brevard County for them, they will look for what is available in Osceola and drive them there. She noted it is a function of what is and is not available. Commissioner Carlson inquired if Brevard County cared for its own children, will other counties keep their children. Commissioner Higgs stated the fact that children may not move between counties is not solely the issue of privatization, it is a matter of policy. Commissioner Carlson inquired if the policy will change with privatization or be the same; with Ms. Holt responding the District looks at the District; it cannot tell them how many dollars belong in Brevard County because it is looked at as one big region; so they move children around and try to keep them as close to home as possible, but it is not as important.

Commissioner Higgs inquired if the recommendations deal with solely with the issue of foster care and adoption services; with Ms. Holt responding and protective services. Commissioner Higgs inquired if Ms. Holt is talking about select services being in the County and still under District 7 and not a separate district; with Ms. Holt responding there are some economies of scale in having District things; administrations would take dollars from the children; and the District will remain as it is, but they would have more local input into the service delivery and more control of those services. Ms. Holt stated if an advisory council is formed it would report to the existing Health and Human Service Board. Commissioner Higgs stated there is a variety of services offered under Children and Families; not all of them are protective services, foster care, or adoption services; and inquired if Ms. Holt is not talking about all those services; with Ms. Holt responding no, they are only looking at those things that are legislatively mandated for privatization. She requested the Commissioners respond in writing to the recommendations.

DESIGNATION OF UNITED WAY AS CONVENING AGENCY, RE: SCHOOL READINESS LEGISLATION

Randy Mutter with Children's Services Council of Brevard County, advised they have been very active and had a great deal of success in putting together community meetings, gathering community support, and having dialogue on issues about children; and he is not against the United Way, but requests the item be removed from the Agenda because there should be community dialogue either through Brevard Children Action Network, Children's Services Council, or someone to convene the actual discussion of what is best for the community with the school readiness legislation. He stated the Legislature has two weeks remaining in its session and things may change; and the school readiness legislation will have tremendous impact on Brevard County and all counties. Mr. Mutter advised Brevard County receives between $42 and $50 million of pre-kindergarten early school readiness intervention dollars, as well as day care dollars; the legislation suggests restructuring the way that money is spent and developing a council to suggest better, new, and different ways of spending the money; and it will touch every child in the community between birth and six years of age, so the community should have the opportunity to have dialogue about who should be the convening agency. He stated although they are supportive of the United Way; it is a colleague and has done remarkable work for the community; it is not an issue of who they are, it is an issue of having community discussion; and that is why they asked that the Board remove the item from the Agenda.

Commissioner Voltz advised the Legislative Session is not over yet, and they are still trying to work out the details in conference right now; there are two different sides of the issue; and because it could equate to $50 million, she thought it was a lot of money to be on the Consent Agenda even though the Board is not making a financial decision. She stated she does not have a problem with United Way or anyone else; but the Board should wait until May 11, 1999 when the Legislative Session is over and it can know exactly what it has to do.

Rob Rains, President of United Way, advised they have been a catalyst in bringing the school readiness legislation to the forefront of several groups; their intent was not to limit community dialogue, but to get the coalition started; it is a very important issue with a significant amount of money; and there are some time lines because if the school readiness coalition is not in place in a timely manner, the County cannot get additional funds in the next session. He stated there are also initial planning dollars; the United Way is a neutral non-bias entity that could bring people together; and it was their intent to talk to the key players in the legislation and suggest or volunteer the United Way to serve as convening agency because the legislation does not specifically state who calls the meetings. He noted the House Bill is separate from the Senate Bill, but mandated in the coalition are two appointees from County Commission, two from the Department of Children and Families, two from the School Board and the Superintendent, the Workforce Development Board, County Health Department, and Children's Services Council. he stated their main thought was to get the process rolling because it is a lot of money and impacts so many children. Mr. Rains advised that Mr. Mutter never talked to him about it; they proposed that United Way contact all the key players identified in the legislation, and host the initial meeting as soon as the legislation passes and they understand what the final outcome is. He stated the meeting would be advertised and the community would be invited; and United Way's role or anyone's role would be determined from that meeting because once the coalition is formed, it will make all the decisions. He stated the coalition has to select a fiscal agent; their interest is to get the ball rolling; he would hate to get into a big discussion of who will call the first meeting, but wants to get that first meeting going; and once those representatives get together, they will provide the direction and leadership from that point on.

Commissioner Voltz advised some of those members are different in the House and Senate bills; and inquired if there is a problem waiting until May 11, 1999; with Mr. Rains responding no, they just wanted to talk to the key players. Commissioner Voltz stated they could talk to the groups any time. She questioned why the coalition would get 5% of the money, what would it need money for, and what is its purpose. She stated the legislation is not final yet, and she would be more comfortable waiting until it is done. Mr. Rains stated there is no hurry. He advised of support from Dr. Sawyer's, Chairman of the Children's Services Council and United Way Board member; Phil Penley from Department of Children and Families; and Sid McAllister, who all felt comfortable with United Way hosting the initial meeting. He stated the important issue is the children of Brevard County; and they do not want to be a detriment in getting the school readiness coalition moving forward.

Commissioner Higgs advised the $50 million is not new money; with Commissioner Voltz responding it is just different routes of getting to the programs. Commissioner Higgs stated she appreciates the United Way bringing the issue to the Board's attention; she is comfortable with the United Way being the convening agency; but she does not have a problem waiting until the legislation is there so the Board will know what it has to do. She stated if the coalition gets together, it will be prescribed to do certain things; and inquired if it will need back up in order to do that even more than just convening meetings. Mr. Rains advised one of the key decisions of the coalition is to select the fiscal agent; it will have difficult choices to make, but the most difficult is who will be the fiscal agent. He indicated it is modeled after the private industry councils and workforce development boards; and when the coalition selects a fiscal agent, that agent will staff the coalition like the workforce development board staffs the councils; but until that is done, there is work, minutes, meeting notices, and different kinds of things that need to be done; and United Way volunteered to do that. Commissioner Higgs stated the decision in regard to the fiscal agent would be an open process with request for proposals, etc., so that decision is not going to come until later; and inquired if a proposal has to be submitted for the planning dollars; with Mr. Rains responding that is one reason they wanted to get the ball rolling because if certain steps have taken place, and so much of the school readiness coalition is in place by a certain date, the coalition can access $50,000 in planning money. He stated if that date is not met and it is later, it would only be $25,000. He noted if they can get the coalition started quickly, they could get the $50,000, then the coalition can hire a convening agency or consultant to help it through the RFP process to decide where the dollars will go. He stated that is where the United Way was coming from, not to circumvent any public input; so they will continue to work through the County Manager and other entities. He stated if the Board feels they can provide service in that role, they would like to do that, but they are open to another convening agency and just want the school readiness coalition to get started and be the best it can be because it involves thousands of children and millions of dollars.

Commissioner Carlson inquired about the dates; with Mr. Rains responding he is not sure of the specific dates, but thinks it is in the September/October time frame.

Commissioner Voltz inquired if the Child Care Association is funded up to October, 1999; with Barbara Moore responding it is funded to June 30, 2000.

Commissioner Higgs suggested Mr. Rains work with the County Manager and County staff so the process is one that people will embrace, and the Board would be sure it has the community together. She also suggested he work with the Children's Services Council to ensure things are smooth and start out on the same foot. Mr. Rains stated they want to do that.

Mr. Mutter advised Mr. Rains and staff worked with the County staff and others, as well as Mr. Penley behind the scenes, and agreed with the best of intentions that they would jump start the process and get the coalition ready to take maximum effect of the money; but the issue is it was done behind the scenes as has been the tradition of many activities. He stated it is their belief it was well intended, but democracy works best in the open gathering input from the community; they are not opposing the United Way taking the convening role, but the issue is to have an open forum to decide who would be the convening agency because it is important, in the shift of policy and funds, for preparing children to start school. Mr. Mutter stated last year 21% of the kindergartners in Brevard County were ill-prepared and not ready to begin first grade; if they are not prepared by the time they reach third grade, they are at extreme risk of becoming juvenile delinquents; so this is very important; and their position is to have the community dialogue prior to approving the United Way as the convening agency. He stated since the legislation has not passed and could change, they would like to have that community dialogue. Mr. Mutter advised he talked to Mr. Rains' staff about the issue yesterday and was called back and told that Mr. Rains would pull the item from the Agenda; so there was discussion with staff, and he wants Mr. Rains to realize they did not do this in a vacuum.

Commissioner Higgs inquired if Mr. Mutter is officially representing a vote by the Children's Services Council; with Mr. Mutter responding they did not have a quorum at the last meeting, but the recommendations are from the members who were present. He noted the Privatization Task Force had discussions on the issue as well. Commissioner Higgs noted she wanted to clarify who "we" is; with Mr. Mutter responding the citizens of Brevard County. Commissioner Higgs stated the ability of the Board to determine who the convening agency is seems to be ambiguous because she is not sure it has the right to do that because it does not say it in the legislation. Mr. Mutter stated they want to be a unified community; and they do not always agree on issues, but they will stand as one.

Commissioner Voltz inquired if Mr. Mutter has any proposals as to how it would be done; with Mr. Mutter responding the Brevard Children's Action Network is very active and meets very quickly and will be meeting in two weeks; and they thought it would be an item they would like to put on the agenda. He stated the Brevard Children's Action Network is comprised of 104 different members from over 60 organizations; and that would be an appropriate beginning for public dialogue. He stated all they are asking is that the Board remove it from the Consent Agenda so it does not automatically approve the United Way prematurely.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to table designation of the United Way as convening agency for the school readiness program until May 11, 1999. Motion carried and ordered unanimously.

Barbara Moore, Director of Child Care Association, advised she wants to clarify the information given to the Board; there was mention that 21% of the children in Brevard County enter school not prepared and ready; but that percentage is from the global community of children who are not involved in any type of early childhood programs. She stated their program assists over 10,000 children each year; and according to the Department of Children and Families as well as the Department of Education, 99.5% of the children served in their pre-kindergarten program, subsidized child care program, and headstart program are prepared and ready for school. She stated later this week or early next week, she will make appointments with each Commissioner to provide that data and information and explain more fully the school readiness bill.

REPORT, RE: PERMITTING FENCES

Commissioner Carlson suggested staff return with an agenda item on permitting fences; and inquired if it should be in the form of a proposed ordinance or just for discussion; with Commissioner Higgs recommending just discussion.

REPORT, RE: EMERGENCY MEETING FOR EASTER SEALS PARENTS

Commissioner Carlson inquired if anyone from SCAT will be attending the emergency meeting for the Easter Seals parents support group where they are getting their transportation taken away from the because of the issue with Coastal; with Assistant County Manager Don Lusk responding Transit Services Director Jim Liesenfelt plans to attend the meeting.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 7:30 p.m.

ATTEST:

TRUMAN SCARBOROUGH, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

SANDY CRAWFORD, CLERK
(S E A L)