MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

January 14, 1999

The Board of County Commissioners of Brevard County, Florida, met in special session on January 14, 1999, at 10:45 a.m. in the Government Center Florida Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O'Brien, Nancy Higgs, Sue Carlson and Helen Voltz, County Manager Tom Jenkins and Assistant County Attorney Kim Brautigam.

HOUSING POLICY

Overview

Housing and Human Services Director Bernice Jackson stated the purpose of the workshop is to discuss options for improving the Housing Programs; Mike Daly, Senior Community Builder and Coordinator for Housing and Urban Development (HUD) is present; and he will present HUD's direction and perspective on the role of government funding and stimulating the community's housing market, the role of community partners in that effort, and how the pieces fit together. She noted Senior Planner Elizabeth Swanke will present for the Board's consideration changes to policies which will improve operation and outcomes of current programs, and an opportunity for the Board to provide direction to staff on the development of additional eligible housing programs. Ms. Jackson introduced Program Supervisor Sam Detra, who has almost 25 years of experience in housing and community development.

Housing and Urban Development (HUD)

Michael Daly, Senior Community Builder/Area Coordinator for Department of Housing and Urban Development (HUD), stated the budget for HUD this year increased approximately $2 million which was spread out over 83 programs; there are six objectives of HUD-fighting for fair housing and putting fair housing activities in a consolidated plan, increasing affordable housing and homeownership, reducing homelessness, promoting jobs and economic opportunity, empowering people and communities, and restoring the public trust. He stated the benefits of homeownership include financial, such as accumulating savings and potential reduction in housing costs, and the American dream, which includes stability. Mr. Daly stated the 1999 HUD funding for CDBG is $1,771,000 for Brevard County, $717,000 for Melbourne, $426,000 for Titusville, $324,000 for Cocoa, and $625,000 for Palm Bay; and the HOME funding for Brevard County is $1,344,000. He advised the HOME Investment Partnership Program provides formula grants to states and localities that communities use, often in partnership with local non-profit groups, to fund a wide range of activities that build, buy, and/or rehabilitate affordable housing for rent or home ownership or provide direct rental assistance to low-income people. He stated permitted uses of HOME funds include home purchase, rehabilitation financing

HOUSING POLICY

assistance, rehabilitate housing for rent or ownership, demolition of dilapidated housing, rental-based assistance, and other reasonable and necessary expenses related to the development of non-luxury housing.

Fannie Mae

Judith Kovisars, Director of Fannie Mae Partnership Office, stated Fannie Mae is a privately owned private shareholder of the Corporation; it is different from some other corporations in that it was originally part of the federal government; it was part of HUD in 1938; and it bought its independence in 1963. She noted Fannie Mae is the largest holder of mortgages in the Country; it owns one out of four mortgages; and it services with a charter from Congress. She stated the charter restricts Fannie Mae's activities to buying loans to house American people, especially people of low and moderate income, and providing for community development. She noted Fannie Mae has a $3.2 billion investment plan; it works with local governments, non-profits, and the private sector; it has developed a loan program with the homebuilders of Central Florida called a no-payment shop mortgage; and Fannie Mae does a whole range of things. Ms. Kovisars stated Fannie Mae has no rules except that it wants its money back; it likes to make a visible difference and be in places that have been targeted by local government for improvement; it does not have to do only housing, and can invest in supermarkets, medical centers, and retail shopping strips; and it can be community development and not just housing. She stated one of the reasons Fannie Mae is here is because Brevard County has not been able to get its housing programs off the ground; and it needs to be stronger so Fannie Mae can do more things with the County.

Housing Finance Authority

Attorney Angela Abbott, representing the Housing Finance Authority, distributed information to the Board concerning the bond allocation process; stated the Authority applied for an allocation for the issuance of single family bonds for this year, but did not receive any allocation this year; and distributed a breakdown of the results of the allocation process for Region 6 and a summary of the Statewide results. Attorney Abbott explained the lottery system process to the Board.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to direct the County Manager to request Lobbyist Guy Spearman communicate to the Legislative Delegation concerning allowing Brevard and Volusia Counties to form a separate region for housing bond allocations. Motion carried and ordered unanimously.

County Manager Tom Jenkins inquired does Attorney Abbott think Brevard County will receive any Statewide opposition to its proposals of breakout; with Attorney Abbott responding so far there has been no opposition. Attorney Abbott stated the best hope the Authority has for getting allocation in the future is to change the structure. Mr. Jenkins stated the other option might be to limit the number of proposals that a company could submit.

HOUSING POLICY

Commissioner Voltz stated the County needs to go through the State Legislature to have the process changed.

Discussion ensued concerning volume cap on 501C3 bonds, single-family and multi-family bonds, SHIP funds, role of partnerships in HUD funding, developers applying for State funding
for tax credits, HUD programs, non-profit agencies, certification of consistency, and funding for housing and group homes.

STATUS REPORT, RE: CURRENT COUNTY PROGRAMS

Ms. Swanke stated currently Brevard County has received HOME funds of $1,246,000; of that amount, $571,286 is the County share; it also received $1,582,389 from the State SHIP Program and Program income of $100,000; and 10% is for administration, 5% is for the Housing Counseling Program, and $412,000 is budgeted for down payment assistance for first time homebuyers. She advised of recommended policy changes to Brevard's current programs; and stated some of the recommendations have come from staff and others have come through meetings with the Homebuilders Association.

Fred Boozer stated the housing programs are extremely complex; there are a lot of problems; and the poorest citizens are not served by the current HOME Programs. He stated the current program is guided toward home ownership; the poorest of the poor do not own homes nor do they intend to purchase homes; their dreams of home ownership have long since vanished; and survival is their goal. He requested the Board encourage County staff to assist very low-income citizens by using the HOME Program entitled TEFRA. He noted tax credits are also a problem; they will pay for 90% of construction costs; within the 90% there is a 20% developer's fee and a 14% contractor's fee; and apartments still receive market rate rent. Mr. Boozer stated if needed, tax free bond money is available; it is one of the fastest growing methods of financing in the Nation; few questions are asked whether the projects are needed; and taxpayers lose when this market is borrowed into needlessly. He noted it is being used for less than high-minded purposes, such as buying and selling real estate and then removing it from the tax rolls, building exclusive retirement communities, and refinancing. He suggested some attempt be made to coordinate these programs so they result in helping and not hurting the citizens of Brevard County.

REPAIR/REHABILITATION AND REPLACEMENT, RE: HOUSING PROGRAM POLICIES

(1) Maximum Income for Eligibility.

Ms. Swanke stated the recommendation is that households up to 120% median income receive some assistance; the amount of assistance and the income levels are set by the Board in the SHIP Plan; and the Board would need to amend the SHIP Plan to make any changes to this and establish a dollar amount. She stated this recommendation is that households at 81% to 120%

REPAIR/REHABILITATION AND REPLACEMENT, RE: HOUSING PROGRAM POLICIES

median income receive up to $5,000 in assistance; households at 66% to 80% median income receive up to $7,500; households at 51% to 65% median income receive up to $15,000; and households from 0% to 50% median income receive up to full cost of demo replacement of the
house. Ms. Swanke stated the Affordable Housing Council's recommendation is to limit assistance to households at or below 80% median income and add "upon meeting other requirements" to recommendation; and the Council concurs with the amended recommendation.
Commissioner Higgs stated the 81% to 120% median income is a payback program; and she is comfortable moving the recommendation of County staff which is consistent with the Affordable Housing Council except in regard to the one category, as long as the 81% and above is a payback program and capped by the Board as part of the budgetary process.

Ms. Swanke stated it would be specifically in the SHIP Plan.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve the staff recommendation for Maximum Income for Eligibility, to include households at 81%-120% median income can receive up to $5,000 in assistance, households at 66%-80% median income can receive up to $7,500 in assistance, households at 51%-65% median income can receive up to $15,000 in assistance, and households at 0-50% median income can receive up to full cost of demo replacement of house. Motion carried and ordered unanimously.

(2) Verification of Principal Residence After Assistance.

Ms. Swanke stated this request is from staff to not require continued certification of principal residence past the actual assistance period; currently staff sends out letters to homeowners each year that they have to notarize and send back indicating they do live in the house each year of their lien period; however, the County has other mechanisms in place to keep track of serious defaults on the commitment to continue to use the house as principal residence. She noted this is something that has become very labor intensive for staff.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the staff recommendation for Verification of Principal Residence After Assistance, with the client certifying at the time of assistance, and only refinancing triggering re-verification. Motion carried and ordered unanimously.

(3) Property Type Assisted.

Ms. Swanke stated the recommendation is to include an allowance to work on manufactured homes only to be replaced by site-built homes.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve the staff recommendation for Property Type Assisted, with types assisted to include single-family

REPAIR/REHABILITATION AND REPLACEMENT, RE: HOUSING PROGRAM POLICIES

detached, townhome, condo and "manufactured home" only to be replaced by site-built homes. Motion carried and ordered unanimously.

(4) Minimum/Maximum Subsidy.

Ms. Swanke stated the recommended change is to increase the dollar amount that is available for each income category for rehabilitation of each house and to encourage families that are able to obtain bank loans to do so and use County funds to meet the "gap" between what they can borrow and what they need to complete repairs. She noted the recommendation is that there be up to $5,000 available for families of 81% to 120% median income, up to $7,500 available for families of 66% to 80% median income, up to $15,000 available for families of 51% to 65% median income, and up to full cost of replacement for 0% to 50% median income if that is what is determined to be necessary.

Commissioner Voltz stated this goes back to the first recommendation with the repay of the 81% to 120% median income.

Commissioner Higgs noted the Affordable Housing Council does not support the 81% to 120% repayment program; with Ms. Swanke responding that is correct. Ms. Swanke stated the Council supported it for the Homebuyer Assistance Program; however, its recommendation was to not consider repayment because of the difficulties that may be involved.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve the Affordable Housing Council's recommendation for Minimum/Maximum Subsidy, which assists only those under 80% of median income and eliminates the 81% to 120% median income. Motion carried and ordered; Commissioner Voltz voted nay.

Chairman Scarborough stated it is a horrible thing to take someone's home away as it is a human being who is going to be homeless.

Discussion proceeded concerning liens in place on the properties, foreclosures on properties, and social costs.

(5) Length of Residency Prior to Assistance.

Ms. Swanke stated the request is to reduce or eliminate the length of residency prior to assistance; currently in order to receive full scale rehabilitation up to $29,000, individuals have to have owned the property for five years, and 20 years to receive a replacement home; and the Affordable Housing Council recommends the property be owned five years to receive $15,001 to $29,000 and ten years to receive over $29,000.

REPAIR/REHABILITATION AND REPLACEMENT, RE: HOUSING PROGRAM POLICIES

Commissioner Higgs stated she does not believe eliminating the length of residency prior to assistance is the way to go; there could also be a category when property has been in direct family ownership and a contract for deed provision; and requested staff put it on the agenda under consent.

Chairman Scarborough requested staff come back to the Board, with specific language concerning property left in the family, prior to voting on it.

Commissioner Voltz stated the Board needs to look at the program changes in a year or so to see how they have affected the community.

Commissioner O'Brien inquired is it incumbent upon the local, state or federal governments to replace someone's house at taxpayers' cost.

Commissioner Voltz stated that is the program; the federal government says this is what they want to do; the County can either choose to do it or say let someone else have the money; but if someone in Brevard County can get a home rather than someone in another community, then that is the way the County needs to go.

Chairman Scarborough stated he is very pleased with helping those individuals who are never going to be able to help themselves; and they have just as much right to pride and dignity as anybody else.

Del Travis stated he would hope what Brevard County is doing is helping people and that is all it is doing; and outright gifts are the wrong way to go as they are not appreciated.

Commissioner Voltz stated the County needs to help those individuals who could potentially help themselves; sometimes all they need is a little boost to get them on the road; the County is trying to target the family with one or two children that does not have the money to get going; and it is giving them the incentive to do better in the community.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to accept the Affordable Housing Council's recommendation for Length of Residency Prior to Assistance, to include five years residence ownership to receive $15,001 to $29,000 and 10 years residence ownership to receive over $29,000; and direct staff to provide specific language to the Board concerning property left in the family. Motion carried and ordered unanimously.

(6) Lien Period.

Ms. Swanke stated the request is for a change to lien period to include that annually the amount is depreciated so that the family sees an equity appreciation in its house for each year it continues to own one under the program. She advised there are two parts to this item, to

REPAIR/REHABILITATION AND REPLACEMENT, RE: HOUSING PROGRAM POLICIES

request the annual depreciation of the lien amount and request a change so that at death of the owner the amount of the loan stops depreciating; and when the property is refinanced, that amount must be repaid to the County.

Motion by Commissioner Voltz, to approve staff recommendation for Lien Period, to include two-year annual depreciation for up to $5,000 in assistance, five-year annual depreciation for up to $15,000 in assistance, 10-year annual depreciation for up to $29,000 in assistance, and 15-year
annual depreciation over $29,000 in assistance, and incorporating the Affordable Housing Council's recommendation that the loan stops depreciating at death, and that amount must be repaid if the property is refinanced during the remainder of the lien period.

Commissioner O'Brien stated he does not like the two-year annual depreciation; and recommended it start at five years.

Commissioner Voltz stated the County is trying to get people into homes who can become productive tax-paying citizens down the road; and in order to do that, the County needs to do things like this.

Commissioner Higgs stated two years is a short period of time; with Chairman Scarborough responding not much will be done with $5,000.

Commissioner O'Brien inquired are there any facts or figures on how many people who used to be in the program have become productive tax-paying citizens of the community; with Ms. Jackson responding approximately 5%.

Commissioner Voltz stated the County needs to look at those people it has helped; and inquired if it had not helped them, where would they be and would they be on the streets. Commissioner O'Brien stated the County needs to find out if it is throwing good money after bad, how many years has it done this, and what has it gained by doing it.

Mr. Jenkins stated staff will research the issue and report back to the Board.

(7) Maximum Value of Property to be Assisted.

Ms. Swanke stated the recommended change for Maximum Value of Property to be Assisted includes $93,600 value of structure after rehab without land value; and the Affordable Housing Council recommends that the after rehab value be limited to $75,000 value of structure after rehab, with any requests for exceptions to be heard by the Council.

Commissioner Voltz stated there may be instances where there is a large piece of property that has a dumpy little house on it, and nothing can be done because the land is worth something.

REPAIR/REHABILITATION AND REPLACEMENT, RE: HOUSING PROGRAM POLICIES

Commissioner O'Brien stated the solution is the people should sell the property, take the money and go buy a house. Commissioner Voltz stated she disagrees as there may be individuals who have lived on a piece of property for a long time; the house is getting older; and if it is an elderly person, they do not want to move from the property. Commissioner O'Brien noted if someone cannot take care of it, they have to do something on their own; the property has too much value for the taxpayer to say they are sorry and if the person does not want to move the taxpayers are going to rebuild the house for them; the property may be worth $250,000; and that is crazy. He stated the taxpayers should not have to pay to fix their house when the property is worth that
amount of money. Commissioner Voltz stated the County should make it easier for someone to stay on their own property.

Commissioner Carlson inquired if there is so much value in the property then why does the person not refinance; with Chairman Scarborough responding they may have the amount for the security, but may not have the income to amortize the loan and make the payments.

Commissioner O'Brien stated upon the sale of the property, they can buy a beautiful house any place they want.

Commissioner Higgs inquired what if the policy is left as it is with an exception criteria; stated one suggestion was that any requests for exceptions be heard by the Affordable Housing Council; and there could be an exception policy. Commissioner Voltz concurred with staff coming up with an exception policy which may address what the Board is trying to do.

The meeting recessed for lunch at 12:30 p.m.

The meeting reconvened at 1:20 p.m.

*County Attorney Scott Knox's presence was noted at this time.

(6) Lien Period. (continued)

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve staff recommendation for Lien Period, to include five-year annual depreciation for up to $15,000 in assistance, 10-year annual depreciation for up to $29,000 in assistance, 15-year annual depreciation over $29,000 in assistance, and eliminate two-year annual depreciation for up to $5,000 in assistance. Motion carried and ordered unanimously.

REPAIR/REHABILITATION AND REPLACEMENT, RE: HOUSING PROGRAM POLICIES

(7) Maximum Value of Property to be Assisted. (continued)

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve $93,600 value of structure after rehabilitation, including land value, with any requests for exceptions to be heard by the Affordable Housing Council for Maximum Value of Property to be Assisted. Motion carried and ordered; Commissioner O'Brien voted nay.

(8) Eligible Activities.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve staff recommendation for Eligible Activities, to include any construction or rehabilitation non-luxury in nature, dishwashers, HVAC, attached garages, landscaping clearance and modest improvements allowed, high energy efficiency rated products encouraged, dishwasher not to be considered a luxury item, and Department approved rehabilitation standards shall include, at a minimum, (a) correction of all violations of the Standard Housing Code, (b) correction of observable and identifiable problems which would lead to the violation of the Standard Housing Code within the lien period, (c) incidental repairs related to work performed (a) or (b), (e.g. repair and painting of wall due to roof leak), (d) addition to energy efficiency improvements which decrease the operating cost of the unit, (e) all replacement materials will meet FHA Minimum Property Standards and applicable industry standards, (f) household systems and equipment shall be replaced on a unit for unit basis. Any requests for equipment or materials in excess of that replaced shall be reviewed on a case-by-case basis by a review committee to consist of the Department Director, Housing and Community Development Supervisor, Program Housing Counselor and Construction Project Specialist. Determination shall be based on need and safety of the household, including size of household and handicapped status of household member(s), and (g) the treatment of defective lead-based paint surfaces is required. Motion carried and ordered unanimously.

(9) Contractor Selection.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve staff recommendation for Contractor Selection, to include homeowner selects contractor from a qualified list, and a procedure for selection would be reviewed by the County Attorney, Affordable Housing Council, and current contractors. Motion carried and ordered unanimously.

(10) Payment Process.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve staff recommendation for Payment Process, to include funds are requested from County Finance prior to the start of construction, as stipulated in the construction loan agreement with

REPAIR/REHABILITATION AND REPLACEMENT, RE: HOUSING PROGRAM POLICIES

homeowner, funds are deposited with a bonded and insured title company which disburses progress payments upon written request of contractor, authorization of homeowner, Housing and Community Development inspection staff, and Housing and Community Development Supervisor, and each payment process takes approximately five days from receipt of written request. Motion carried and ordered unanimously.

(11) Temporary Relocation.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve staff recommendation for Temporary Relocation, to include: (1) the eligible property owner shall obtain temporary housing on their own and at their expense; (2) standard relocation assistance shall include the cost of storage of personal and household property and shall not exceed actual
and reasonable costs; (3) if the project is delayed due to the fault of the contractor, the contractor shall pay the excess relocation assistance cost as liquidated damages; (4) packing, moving and transportation costs for household furnishings shall be the responsibility of the property owner; and (5) additional relocation assistance shall be reviewed on a case-by-case basis by a review committee to consist of the Department Director, Housing and Community Development Supervisor and Program Housing Counselor, and additional assistance shall be considered a loan and added to the deferred construction loan amount. Motion carried and ordered unanimously.

(12) Change Orders/Contingency Funds.

Commissioner Voltz noted staff needs more discretion in this area; with Chairman Scarborough responding the change orders need to be documented and reasonable.

Commissioner Higgs suggested moving forward with the Affordable Housing Council's recommendation and staff provide a progress report to the Board in one year; with Mr. Jenkins responding affirmatively.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve the Affordable Housing Council's recommendation for Change Orders/Contingency Funds, that change orders should be limited to 15% of the original contract, the change order amount should be included as part of the maximum assistance level as proposed, and change orders beyond this maximum should not be the responsibility of the County; and direct staff to provide a one-year progress report. Motion carried and ordered unanimously.

REPAIR/REHABILITATION AND REPLACEMENT, RE: HOUSING PROGRAM POLICIES

(13) Grievance Process.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve staff recommendation for Grievance Process, to explore the possibility of dispute resolution through
Court Alternatives and non-binding arbitration using a certified mediator. Motion carried and ordered unanimously.

DISCUSSION, RE: HOMEBUYER ASSISTANCE PROGRAM POLICIES

(14) Buyer Eligibility.

Ms. Swanke advised the current policy for Buyer Eligibility includes that the applicant has not owned a home (or trailer) in the past three years, or is a displaced homemaker, single divorced parent, or owner who cannot reconstruct on site.

Discussion ensued concerning first time homebuyer, median income, eligibility, credit review, ownership of property, assets, trailers, and poor investment.

Commissioner Higgs suggested eliminating the three-year stipulation.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve staff recommendation for Buyer Eligibility, to include any eligible buyer not currently owning a home and property (owners of trailers on rental lots would qualify), buyer would have to meet all other requirements, and eliminate stipulation that applicant has not owned a home (or trailer) in the past three years. Motion carried and ordered unanimously.

(15) Home Buyer's Maximum Income.

Ms. Swanke stated the current policy for Home Buyer's Maximum Income is 0-80% median income, the staff recommendation is to consider more assistance to higher income levels if loans with repayment are desired (80%-120% median income are eligible, but should make regular re-payments to the County).

Discussion proceeded concerning up to 120% median income, additional working families, 80% median income, number of people who do not use the program, disparity issues, limited funds and those individuals automatically qualified, slum areas, better manicured homes, retirees, and low and moderate income.

Mr. Jenkins advised every legitimate mortgage agent in Brevard County is aware of the housing programs as County staff has educated them.

DISCUSSION, RE: HOMEBUYER ASSISTANCE PROGRAM POLICIES

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

Chairman Scarborough stated the Affordable Housing Council recommends not requiring regular repayments due to enforcement costs. Commissioner Higgs stated she would like to see some repayment. Commissioner Carlson noted she does not understand the enforcement costs; with Ms. Swanke responding it includes potential foreclosure costs and attorney costs. Commissioner Carlson stated she does not understand requiring regular repayments; with Ms. Swanke responding regular means monthly repayment as opposed to getting the repayment when someone sells the home.

Commissioner O'Brien inquired how long has the County been getting repaid; with Ms. Swanke responding it has not been getting regular repayments, but payments at sale or refinancing. Commissioner O'Brien inquired where does the money go; with Ms. Swanke responding back into the County's program to assist homebuyers. Commissioner O'Brien inquired how much money has the County loaned in the past five years under this program; with Ms. Swanke responding approximately $1,500,000. Commissioner O'Brien inquired how much of that amount has the County recovered; with Ms. Swanke responding approximately 10%.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to require regular repayment between 80% and 100% for Home Buyer's Maximum Income. Motion carried and ordered unanimously.

(16) Verification of Principal Residence After Purchase.

Ms. Swanke stated Verification of Principal Residence After Purchase is the same thing that was under the Repair/Rehabilitation and Replacement Program; and the request is that staff not continue to verify client's home is principal residence each year through notarized verification.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve staff recommendation for Verification of Principal Residence After Purchase, that client certifies at time of assistance, refinancing or the end of the lien triggers verification. Motion carried and ordered unanimously.

Commissioner O'Brien suggested the County coordinate with the Property Appraiser's Office concerning houses with homestead exemption and those that are found to have been rented out for the past five years that the County has loaned money on. Mr. Jenkins stated staff can request the Property Appraiser provide that information through his software.

DISCUSSION, RE: HOMEBUYER ASSISTANCE PROGRAM POLICIES

(17) Minimum/Maximum Subsidy.

Commissioner Scarborough inquired why the repair item does not move in the same direction as the blanket item; stated the blanket item moves up in relationship to the income; it should be consistent; and the first $10,000 for repairs would be moved to $5,000, the second $10,000 for repairs would be left at $10,000, and the third $10,000 for repairs would be moved to $15,000.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve Minimum/Maximum Subsidy at blanket $12,500 for 0-50% median income plus repairs up to $5,000, blanket $10,000 for 51%-65% median income plus repairs up to $10,000, blanket $7,500 for 66%-80% median income plus repairs up to $15,000, and blanket $5,000 for 80%-120% median income. Motion carried and ordered unanimously.

(18) Lien Period.

Ms. Swanke stated the current policy for Lien Period is 30 years lien with full repayment due at any time during that 30 years; and the request is that the lien period would be 10 years, forgiven 1/10 annually, for assistance over $15,000, and five years, forgiven 1/5 annually, for assistance up to $15,000. She noted it is consistent with HOME Program regulations; the SHIP Program follows the HOME Program; and the County uses the SHIP money as a match.

Mr. Jenkins stated right now there are two funding sources and two sets of criteria. Commissioner Voltz noted this would make it in line.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve staff recommendation for Lien Period, with 10 years, forgiven 1/10 annually, for assistance over $15,000, and five years, forgiven 1/5 annually, for assistance up to $15,000. Motion carried and ordered unanimously.

(19) Maximum Property Value.

Ms. Swanke stated the request for Maximum Property Value is to increase the sales price from $65,000 to $90,000 which is still less than both the federal and state regulatory requirements.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve staff recommendation for Maximum Property Value at $90,000 maximum purchase price which includes land cost. Motion carried and ordered unanimously.

Chairman Scarborough stated he has some reservations on the $90,000 amount. Ms. Swanke stated the benefit is specifically toward larger families. Mr. Jenkins stated criteria could be established, such as a sliding scale based on the size of the family.

DISCUSSION, RE: HOMEBUYER ASSISTANCE PROGRAM POLICIES

Commissioner Scarborough stated he is here to do one thing and that is to make this a better community. Commissioner Voltz stated she agrees that the Board needs to assist the people, and the $90,000 amount is fine.

(20) Eligible Activities.

Ms. Swanke stated Eligible Activities are consistent with the request under the Rehabilitation Program.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve staff recommendation for Eligible Activities, to include down payment assistance and any construction or rehabilitation non-luxury in nature, dishwashers, HVAC, attached garages, landscaping clearance and modest improvements allowed, high energy efficiency rated products encouraged, and dishwasher not to be considered a luxury item. Motion carried and ordered unanimously.

(21) Contractor Selection.

Ms. Swanke stated Contractor Selection is the same as under the Repair/Rehabilitation and Replacement Housing Program Policies.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve staff recommendation for Contractor Selection, to include homeowner selects contractor from a qualified list, and a procedure for selection would be generated and reviewed by the County Attorney, Affordable Housing Council, and current contractors. Motion carried and ordered unanimously.

DISCUSSION, RE: ADDITIONAL HOUSING PROGRAMS

Ms. Swanke stated these are specifically three different types of programs that are beyond what County staff currently implements.

Rent Subsidy Assistance

Commissioner Higgs stated the County needs to look at ways to assist people with rental; there is a huge waiting list in Brevard County; she would like to see a proposal that outlines it more specifically, and she supports using some of the County's money to do this. Commissioner Voltz concurred with Commissioner Higgs' comments. Chairman Scarborough noted fundamentally this is a good idea.

DISCUSSION, RE: ADDITIONAL HOUSING PROGRAMS

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct staff to develop Rental Subsidy Assistance as an additional housing program eligible under the federal HOME Program. Motion carried and ordered; Commissioner O'Brien voted nay.

Commissioner O'Brien stated what the County is getting into here is essentially monthly welfare to pay rent for someone; and that is not the County's job.

Mr. Jenkins stated the Board could put a time frame on the eligibility if it chose to, such as two years. Commissioner Higgs stated staff can come back with that program. Chairman Scarborough stated the County needs to know the pros and cons of it.

Discussion ensued concerning fundamentals, subsidizing construction of apartments through federal dollars, capitalistic system, subsidizing on income taxes and deduction on homes, subsidizing first time home buyers and corporate welfare, tax incentives, and not-for-profit organizations.

Commissioner Higgs stated the cutbacks and controls in federal programs have left lots of people with serious housing problems.

Utility and Rent Deposit Assistance

Ms. Swanke stated this is another program that is available under both the Federal HOME and State Housing Initiatives Partnership (SHIP) Programs; and the Affordable Housing Council reviewed this and recommends it as one alternative.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct staff to develop Utility and Rent Deposit Assistance as an additional housing program eligible under both the federal HOME Program and the State Housing Initiatives Partnership Program (SHIP). Motion carried and ordered; Commissioner O'Brien voted nay.

Construction Funding for Special Needs and Elderly Housing

Ms. Swanke stated statistics show there is a need for construction funding for elderly housing and special needs in Brevard County.

Commissioner O'Brien stated this is getting into rent controls and it is not where County government belongs.

Commissioner Higgs noted there is a documented need for housing for the elderly, but she is not sure how to do it.

DISCUSSION, RE: ADDITIONAL HOUSING PROGRAMS

Commissioner O'Brien noted more than 60% of the people in Brevard County nursing homes are not from the County.

Chairman Scarborough stated there are special concerns with the elderly; some of the elderly living in Brevard County may live in $50,000 houses, but have a net worth of over $1,000,000; but there are some elderly that need to be addressed.

Commissioner Voltz stated the elderly cannot advocate for themselves as most of them cannot get out of their house.

Commissioner O'Brien stated the County has had three corporations come to it in the past year who want to build living centers for the elderly.

Chairman Scarborough inquired how does Brevard County attract the right retiree; stated it analyzes how to bring in the right industry; retirees have brought money into the economy continually which has saved the County; and no one has said retirees are important here yet. Commissioner Voltz responded the retirees are very important. Chairman Scarborough noted there are books published that apparently give the County a bad name for retirees, and people have brought that to his attention. Commissioner O'Brien stated this is a very good community of retired people.

Commissioner Higgs stated there are some things the Board supports in terms of meeting the housing needs for elderly people with special needs; it would be appropriate to get specific examples of where the needs are; a segment of the County's senior population is in need; and the Board needs to know what options are available to provide assistance.

Chairman Scarborough stated there are many wonderful things about Brevard County that are not being published; it wants to make a quality community for the elderly so they do not suffer; and perhaps there needs to be a web page that addresses elderly who are looking to move and what type of facilities and amenities they are looking for.

Commissioner O'Brien noted he does not hear anyone in his community saying the County needs to recruit the elderly to move to Brevard County; and the County's own population of residents grow up, retire and stay here. Chairman Scarborough noted there is extensive analysis on eco-tourism, but nothing is heard about what someone in New Jersey thinks if they are going to move to Florida to retire; and being responsible with the elderly will benefit them and it is not just a negative.

Commissioner Voltz stated perhaps the County can look at funding "x" amount of dollars a year or something to assist in elderly housing; and she can support some community based organizations that are helping the elderly.

Commissioner Higgs requested staff further define the housing area needs and clarify what things address the needs.

DISCUSSION, RE: ADDITIONAL HOUSING PROGRAMS

Mr. Jenkins stated staff can define the need and quantify it in category; the basic needs right now are those people who need affordable assisted living; there are elderly people who own their homes, but cannot afford them because they do not have the income to keep their homes up; and there are also elderly renting who cannot afford the rent.

Chairman Scarborough stated he wants to discuss all the issues pertaining to the elderly; the Board needs to schedule a workshop on elderly and retirees' needs, and start with the statistical data of what Brevard County is doing.

The Board reached consensus to direct staff to define housing area needs and report back; and to schedule a workshop to discuss the elderly and retirees needs.

The meeting recessed at 2:30 p.m.

The meeting reconvened at 2:45 p.m.

DISCUSSION, RE: COMPREHENSIVE PLAN UPDATE

Transportation Element

Planning and Zoning Director Mel Scott stated the Transportation Element had a couple of unique challenges staff had to address; the Florida Statutes were amended and the County was mandated to combine three elements into one, including the Traffic Circulation Element, Ports, Aviation and Related Facilities, and the Mass Transit Element; the Traffic Circulation Element was very regulatory driven; and the Transportation Element gets away from a regulatory focus and into a pure policy setting focus. He noted certain key points that had to be kept in are the level of service standards for State and County roadways.

Commissioner O'Brien noted the Port is not going to support the Department of Transportation (DOT) High Speed Rail; and it owns the rights-of-way halfway to the St. Johns River.

Transportation Director Bob Kamm stated DOT will be issuing a final agency action in the next couple of weeks relative to the Beeline monorail; according to the schedule laid out in the agreement with the Beeline monorail system, the Board will have 90 days to review the proposal and evaluate whether or not it is in compliance with the County's Comprehensive Plan; the Comprehensive Plan it will be reviewing against will be the old one; and staff has begun to pull the various elements, directives and policies from the Ports, Aviation and Related Facilities Element that relate to high speed rail and maglev, and sort them out. He noted the Orlando Expressway Authority will also have to grant permission for this, so there are other parties involved besides DOT.

DISCUSSION, RE: COMPREHENSIVE PLAN UPDATE

Chairman Scarborough stated if the Port is not going to buy off on this, then maybe the Board will sit back and wait; but if it is going to play a role, it needs to bring the Economic Development Council (EDC), Tourist Development Council (TDC), Metropolitan Planning Organization (MPO), and Chamber of Commerce together; and he does not want to vote on something without hearing from moteliers on the beach, etc. who see things from a different perspective.

Commissioner Voltz inquired can the Board receive some kind of affirmation from the Port on where it is going to go; stated there is a lot of work to be done if the high speed rail is going to go through; and she does not want the County to waste its time if it is not going to happen.

Mr. Kamm stated he has been talking to the Port's staff; the Port has a lot of questions about the high speed rail and its value to the Port; he has not heard that the Port has made a decision; but he will track it down to see what the Port's timetable is.

Mr. Scott stated revised language in Policy 2.4 can be included on the third line, as follows: "To minimize adverse environmental impacts and maximize positive economic and social benefits."

Chairman Scarborough stated the Commissioners need to visit Orlando Airport Authority, the Port, Expressway Authority, and DeLand; and perhaps Commissioner O'Brien can meet with the Port, Commissioner Voltz can meet with the Orlando Airport Authority, Commissioner Higgs can meet with the Expressway Authority, and he will go to DeLand.

Commissioner O'Brien stated the Board should allow Messrs. Scott and Kamm to attend the Transportation Conference for the State of Florida on February 5, 1999 in Tampa.

Mr. Scott stated Policy 3.7 on Page 15 could include language as follows: " Enforce land development regulations that improve the safety of motorists, pedestrians and bicyclists in accordance with the following criteria: Minimize points of conflict along local roadways from driveway connections and other access points and identify, evaluate, and mitigate, as appropriate, potential traffic safety hazards within the traffic impact area of a proposed major project."

Commissioner Higgs requested the County Attorney's Office review the court cases where the judges have said it is inconsistent with the Comprehensive Plan, and put in language that allows the County to analyze key aspects.

Commissioner Carlson stated the year 2002 is listed throughout the Comprehensive Plan Update documentation, and inquired is the 2002 the date to accomplish these tasks; with Mr. Scott responding the year 2002 is the next time the State is going to mandate that the County begin preparation of the next evaluation. Mr. Scott advised by having all these things in place by 2002, it seemed to be a good unifying date.

DISCUSSION, RE: COMPREHENSIVE PLAN UPDATE

Mr. Jenkins inquired does the County realistically have the resources to accomplish these tasks; with Mr. Scott responding if there are no impediments, then staff should achieve them by the year 2002.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to direct staff to prepare the Transportation Element for alternate transmittal. Motion carried and ordered unanimously.

*Assistant County Attorney Eden Bentley's presence was noted at this time.

Commissioner Higgs stated the East Central Florida Regional Planning Council (ECFRPC) is meeting next week; and inquired is there any problem with the proposal that was voted on in November, 1998 concerning the restructuring plan. Chairman Scarborough stated the restructuring is fine; the County needs to meet with Lobbyist Guy Spearman and Representative Bill Posey to address the direction of the State with the ECFRPC; and there needs to be some Legislative pressure.

Commissioner O'Brien stated he questions strongly whether the Board wants to have membership at $113,000 a year; the County could hire a couple of planners with that amount of money; Brevard County has spent over $1 million for the ECFRPC; and it has nothing to show for it. Chairman Scarborough stated Brevard County does not have the people on the ECFRPC who are making the plans for the future that are going to tremendously impact the economy and quality of life in Brevard County; the important decisions of the County are being made in this Region; the County has a responsibility to drive such Region; and they have yet to figure out what is going on.

Conservation Element

Sandra Clinger suggested Policy 9.9, Criteria F on Page 45, include the proposed language in the second sentence: "Brevard County shall identify areas containing significant manatee habitat features."

Commissioner Higgs expressed concern that the County would move anything in regard to the air quality or power plant issues in these directives; she wants the County to be able to go to a judge and say air quality is the same as it was; and it does not hurt anything to say these directives are still in place. She stated there is reference to stationary air pollution sources which should be evaluated for the accumulative effect on air quality, and inquired is the power plant potentially a stationary air pollution source; with Mr. Scott responding affirmatively. Commissioner Higgs stated it further indicates that these sources should include sources adjacent to as well as within the County; and the County needs to be careful about taking that out or moving it.

DISCUSSION, RE: COMPREHENSIVE PLAN UPDATE

Mr. Scott stated what he is hearing is that the County will retain the status quo regarding the issue of air quality, which also includes the noise issue; and it will keep the whole subset in place.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to retain the status quo concerning the air quality and noise issues. Motion carried and ordered unanimously.

Commissioner Higgs stated Page 4 includes the channelization, dredging or impoundment of natural waters; the justification of this concept is contained in Policy 3.3 (E); on Page 18, channelization, impoundment and filling are not there; and she would like to include in Criterion E on Page 18, "channelization, impoundment and filling of natural waters of the State."

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to include on Page 18, Criterion E, "channelization, impoundment and filling of natural waters of the State." Motion carried and ordered unanimously.

Mr. Scott stated it would read, "Prohibit dredging, channelization, impoundment, and filling of natural waters of the State, unless the activity is clearly in the public interest."

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to insert "The creation of new spoil islands should be discouraged. Existing spoil islands should be retained in public ownership and utilized as bird rookeries and recreational areas. In addition, restoration efforts such as wetland vegetation planting, upland vegetation planting, and refuse removal could foster biological production, control erosion and enhance the habitat, aesthetic and recreational values of the island and should be undertaken", in Policy 3.13. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to include language on the bottom of Page 5 to read, "and shall insure that habitable structures will be above the base flood elevation." Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to add species of special concern on Page 41, Objective 9.2, (D) and (E), and Objective 9.13. Motion carried and ordered; Commissioners O'Brien and Voltz voted nay.

Commissioner Higgs stated Page 42 states if an endangered or threatened species is found on site, a copy of all permitting documentation required by the State or federal agency shall be provided to Office of Natural Resources Management; that is provided retrospectively and only gives the County information; and it is not allowing Office of Natural Resources Management to

DISCUSSION, RE: COMPREHENSIVE PLAN UPDATE

comment on those or evaluate properties where threatened or endangered species are found on site. She noted under (F), "A management plan shall be approved by the Office of Natural Resources as part of a site plan or subdivision approval", has been deleted.

Chairman Scarborough stated it was his understanding this was not changing anything substantive; and any substantive changes should be highlighted to call the Board's attention.

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Motion by Commissioner Scarborough, to move that anything that is substantive in nature regardless of the nature of the final motion not take effect unless specifically approved by the Board.

Assistant County Manager for Environmental Services Stephen Peffer stated this is the reason for the workshop; the Board has instructed staff not to duplicate what other agencies are doing; and if County staff were to be writing or reviewing management plans already approved by a federal agency, it puts someone in a bad spot.

Commissioner Scarborough advised he is concerned about the whole Comprehensive Plan; and suggested the whole discussion be tabled concerning the Conservation and Coastal Elements until the end of next week. He requested staff come back to the Board and tell it precisely anything that is different and if it is pulling the County out as an agency; and he needs to know if there is something substantive or not.

The Board reached consensus to table the Conservation and Coastal Management Elements of the Comprehensive Plan to the January 21, 1999 workshop meeting.

Upon motion and vote, the meeting adjourned at 3:50 p.m.

ATTEST: ____________________________________
TRUMAN G. SCARBOROUGH, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
_________________________
SANDY CRAWFORD, CLERK

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