The Board of County Commissioners of Brevard County, Florida, met in regular session on December 3, 1996, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Randy O?Brien, Commissioners Truman Scarborough, Nancy Higgs, Mark Cook, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Truman Scarborough, District 1.

Commissioner Helen Voltz led the assembly in the Pledge of Allegiance.

APPROVAL, RE: PERMIT FOR FESTIVAL OF LIGHTS

Commissioner Cook advised of a request from Viera East Community District Association for an outside music permit for the Festival of Lights on Saturday.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve permit for Viera East Community Development District to host a Festival of Lights on December 7, 1996. Motion carried and ordered unanimously.

DISCUSSION, RE: NON-PARTISAN ELECTIONS

Commissioner Voltz inquired about the status of the non-partisan elections; with County Attorney Scott Knox responding he drafted a complaint which he will bring to the Board if one of the parties does not file before the next meeting.

Commissioner Cook inquired why the issue is coming back when the Board direction was to go forward with it; with Mr. Knox responding there are multiple issues of declaratory judgment and whether certain things apply to candidates, and he wants the Board to review it to determine if it covers everything or too much. Commissioner Cook expressed consternation with items coming back to the Board numerous times when the Board?s direction was clear on what it wanted; and stated the initial action was to determine if non-partisan elections were valid; and the conduct of those elections, if they are valid, is a separate issue. Mr. Knox stated if that is the Board?s preference he will file the complaint tomorrow.

Commissioner Higgs stated it was not very clear what the Board wanted; it wanted to know what kinds of things applied to non-partisan elections; and the more clearly it is defined, the easier it will be for everybody to comply with the rules. She stated the Board did not define what questions it wanted answered; and she wants to see what the County Attorney is going to file on behalf of the Board, prior to his filing it. She stated she has not seen the document or issues to be presented and would hate to vote on something tonight and not know what is being suggested or proposed.

Chairman O?Brien recommended the Board make it clear at this meeting so it does not have to come back again. He stated things coming back to the Board four or five times impede its ability to make progress; and it is not fair to the public.

Discussion ensued on what the Board did at a previous meeting regarding non-partisan elections, whether the Board just wants to get clarification whether non-partisan elections are valid under the State Constitution as the question was raised by the Attorney General, working with the political parties, and the legality and constitutionality of non-partisan elections.

Commissioner Scarborough recommended the simple format to ask a basic question whether non-partisan elections are valid under the Charter and State Constitution.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to direct the County Attorney to move forward and file a complaint, and send copies to each Commissioner. Motion carried and ordered; Commissioner Higgs voted nay.

DISCUSSION, RE: LIAISON APPOINTMENTS

Commissioner Voltz advised the Chairman requested each Commissioner bring back the boards and committees they wished to serve on, then she received a list of the Boards she was put on; with Chairman O?Brien responding the Commissioners said appoint them to something, so he did that. Commissioner Voltz stated she did not have knowledge of that and would like clarification of what the boards do when they meet. Chairman O?Brien stated he will send Commissioner Voltz the information on the boards and committees.

Commissioner Voltz stated she wanted to serve on the Children?s Services Council, but was not on it; and inquired why; with Chairman O?Brien responding Commissioner Higgs was reappointed to the Council to maintain continuity and to be fair with the number of committees each Commissioner will serve on. Commissioner Higgs stated if Commissioner Voltz has a strong preference for the Children?s Services Council, she will be happy to let her serve on it; with Commissioner Voltz responding she would be happy to do that if she can give Commissioner Higgs one of her committees. She stated she does not know what the Value Adjustment Board does, and wants a synopsis of what all the boards and committees do.

Chairman O?Brien recommended the County Manager call Commissioner Voltz and describe each board and committee to her so she will fully comprehend their duties. Chairman O?Brien made the following Liaison appointments:

Commissioner Scarborough

• Circuit Conflict Committee
• Public Safety Coordinating Council
• Aquaculture Task Force
• Art in Public Places Advisory Board
• MPO
• Value Adjustment Board

Commissioner O?Brien

• Beach Erosion Control Advisory Committee
• Beaches Task Force
• Election Canvassing Board
• Kennedy Space Center
• Congressional Support Committee
• Local Government Co-op Advisory Committee
• Tourist Development Council
• MPO

Commissioner Higgs

• Brevard Water Supply Board
• East Central Florida Regional Planning Council
• Children?s Services Council
• Primary Health Care Panel
• St. Johns River Water Management District 7
• Regional Recreational Advisory Council
• MPO

Commissioner Cook

• Election Canvassing Board
• Rotary Park at Suntree Community Committee
• Wickham Park Advisory Ad Hoc Committee
• Value Adjustment Board
• Indian River Lagoon National Estuary Program
• Policy Committee
• Economic Development Commission
• Job and Education Partnership Board
• MPO

Commissioner Voltz

• East Central Florida Regional Planning Council
• Extension Advisory Council
• SCDP Steering Committee
• VA Hospital Liaison
• Primary Health Care Panel
• Visioning Study Committee
• Value Adjustment Board
• MPO

BONDS FOR NEW COMMISSIONERS

Chairman O?Brien requested at least three Commissioners sign the performance bonds for the newly-elected Commissioner Voltz and re-elected Commissioners Scarborough and Higgs.

DISCUSSION, RE: ORDINANCE ESTABLISHING COMMITTEE TO DEVELOP METHODS OF CHILD SUPPORT ENFORCEMENT

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to continue discussion on an ordinance establishing a committee to develop methods for child support enforcement until December 10, 1996. Motion carried and ordered unanimously.

DISCUSSION, RE: STANDARDS FOR CONDITIONAL USE PERMITS

Chairman O?Brien advised the standards for issuing conditional use permits (CUP?s) are not adequate to protect the character of some neighborhoods; the Ordinance has loose ends throughout; and suggested staff return with what the Board should look at in a CUP ordinance, what reasons are used to allow CUP?s in various parts of the County, and what can be done to tighten it up and make sure the Ordinance speaks the Board?s true wishes.

Chairman O?Brien directed staff to return with suggestions and reasoning used to allow CUP?s in various areas of the County.

RESOLUTION, RE: RECOMMENDING FLORIDA LEGISLATURE RE-ADDRESS APPROPRIATIONS FOR DEPARTMENT OF ENVIRONMENTAL PROTECTION TO DISBURSE FUNDING TO ELIGIBLE COUNTIES IN FLORIDA

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution recommending the Florida Legislature re-address appropriations to provide authority for the State Department of Environmental Protection to disburse funding to all eligible counties in Florida for their approved projects. Motion carried and ordered unanimously.

REPORT AND RESOLUTION, RE: SUPPORTING INDIAN RIVER LAGOON NATIONAL ESTUARY PROGRAM

Marty Smithson with St. Johns River Water Management District advised of the criteria for a Blueway application for 50% share of State funding to acquire property for the lagoon from Martin County to Volusia County, and criteria used to identify the properties. He stated the District reconnected vast amounts of marshes; there are 36 species of wading birds and other animals showing up in the impoundments and restored areas of the marshes; and while the areas are targeted, there is no infringement on property rights, as it is strictly willing sellers. He stated it is a merger of local programs and a model for public partnerships.

Chairman O?Brien stated Brevard County purchased all but SR 520 and SR 528; with Mr. Smithson responding there are still some parcels needed to be contiguous. Mr. Smithson stated the resolution does not commit dollars, but gets the application into the process. He thanked Dr. DeFreese and County staff for helping to get the program underway.

Commissioner Cook stated he supports the resolution as it is a cost sharing and more effective for preserving the lagoon and river. He stated it is a tremendous value not only environmentally, but economically as well.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to adopt Resolution supporting an application to the Conservation and Recreation Lands Program for acquisition of lands associated with the Indian River Lagoon Blueway Project.

Commissioner Voltz inquired how does it relate to property purchased under the EELS Program; with Mr. Smithson responding there are some properties they are in the process of buying together that are contiguous with CARL properties. Commissioner Voltz inquired if owners are not willing to sell, can they use their property as they want; with Mr. Smithson responding there are other rules and regulations that apply to use of land. Commissioner Voltz inquired who will pay taxes if 4,000 acres will be purchased; with Mr. Smithson responding the total value of the properties represents one-tenth of the tax base, and the benefits will be greater than what is removed. Commissioner Voltz stated she does not understand enough about the issues; there are a lot of details and perhaps under currents; so she will not support it even though it could be a good project.

Discussion ensued on the criteria used to identify properties, match from the County coming from EELS funds, restoration and preservation of the lagoon for the future of Brevard County, other funding sources, bird sanctuary, marshes that enhance water quality and CARL funding.

Chairman O?Brien called for a vote on the motion. Motion carried and ordered; Commissioner Voltz voted nay.

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

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Interlocal Agreement with Tax Collector Rod Northcutt for enforcement of occupational licensing violations at $43,000 for one year. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH NATIONAL ROOFING/SOUTH FLORIDA, INC., RE: SATELLITE BEACH PUBLIC LIBRARY ROOF REPLACEMENT

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Change Order No. 1 to Agreement with National Roofing/South Florida, Inc. for Satellite Beach Public Library Roof Replacement, increasing cost by $6,240 and time by 22 days. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH THE WATAUGA COMPANY, RELEASE OF RETAINAGE, AND FINAL PAYMENT, RE: CENTRAL REFERENCE LIBRARY RENOVATIONS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Change Order No. 1 to Agreement with The Watauga Company for Central Reference Library Renovations, increasing cost by $5,314; and authorize release of retainage and final payment in the amount of $16,372. Motion carried and ordered unanimously.

RELEASE OF RETAINAGE AND FINAL PAYMENT TO RKT CONSTRUCTORS, INC., RE: THERMAL ENERGY STORAGE SYSTEM AT HISTORIC TITUSVILLE COURTHOUSE

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize release of retainage and final payment to RKT Constructors, Inc. of $32,065.42 for construction of a Thermal Energy Storage System at the Historic Titusville Courthouse. Motion carried and ordered unanimously.

INTERAGENCY AGREEMENTS WITH PALM BAY POLICE ATHLETIC LEAGUE AND BREVARD CULTURAL ALLIANCE, RE: YOUTH CRIME PREVENTION/DIVERSION ACTIVITIES

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize the Parks and Recreation Director to execute interagency agreements with the Palm Bay Police Athletic League and the Brevard Cultural Alliance for provision of youth crime prevention and diversion activities. Motion carried and ordered unanimously.

AGREEMENTS WITH COCOA AND ROCKLEDGE FOOTBALL LEAGUES, LITTLE LEAGUES, AND SOCCER CLUBS, RE: USE OF STRADLEY, PROVOST, RAIDER, ROCKLEDGE, AND McLARTY PARKS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreements with Cocoa and Rockledge Youth Football Leagues, Little Leagues and Soccer Clubs, for use of Stradley, Provost, Raider, Rockledge and McLarty Parks from December 6, 1996 through December 5, 1997. Motion carried and ordered unanimously.

AMENDMENTS TO AGREEMENTS WITH BIRDIES & EAGLES ENTERPRISES, PUTTERS-IN, AND AL KOETHER, RE: CONCESSIONAIRES AT HABITAT, SAVANNAHS, AND SPESSARD HOLLAND GOLF COURSES

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Amendments to Agreements with Birdies & Eagles Enterprises, Putters-In, and Al Koether to provide concessions at Habitat at Valkaria, Savannahs at Sykes Creek, and Spessard Holland Golf Courses, correcting the amount of fire insurance and incorporating marketing packages of green fees, golf carts, sandwiches, and drinks. Motion carried and ordered unanimously.

AGREEMENTS WITH FOUR CHAMBERS OF COMMERCE, RE: TDC CATEGORY A, PROMOTION AND ADVERTISING GRANTS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreements with Titusville Area Chamber of Commerce for $30,000, Cocoa Beach Area Chamber of Commerce for $30,000, Melbourne/Palm Bay Area Chamber of Commerce for $30,000 and Palm Bay Area Chamber of Commerce for $22,500 of TDC Category A, Promotion and Advertising Grants. Motion carried and ordered unanimously.

ADDENDUM NO. 9 TO AGREEMENT WITH KEEP BREVARD BEAUTIFUL, RE: LITTER PREVENTION AND BEAUTIFICATION EDUCATIONAL PROGRAMS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Addendum No. 9 to Agreement with Keep Brevard Beautiful to provide Litter Prevention and Beautification Educational Programs for 1997. Motion carried and ordered unanimously.

APPROVAL TO SCHEDULE EXECUTIVE SESSION WITH COUNTY MANAGER AND STAFF, RE: LABORERS INTERNATIONAL UNION, LOCAL 678 AGREEMENT NEGOTIATIONS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize scheduling a closed executive session with the County Manager and appropriate staff to discuss the status of negotiations with the Laborers International Union, Local 678. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to appoint and/or reappoint the following:
Contractors Licensing Board
John Robinson and Robert Hicks with terms expiring December 31, 1997

Parks and Recreation South Service Sector Advisory Board
Clark Click, Joanne Corby, and Mary Ann Kise, with terms expiring December 31, 1997

Code Enforcement Board
Ed Dean with term expiring December 31, 1997.

Motion carried and ordered unanimously.

APPROVAL, RE: BILLS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve bills as submitted. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING ORDINANCE NO. 94-20, REGULATING ALARM SYSTEMS

Chairman O?Brien called for the public hearing to consider an ordinance amending Ordinance No. 94-20 regulating alarm systems.

Commissioner Cook advised he checked with other counties, and the charges seem excessive compared to those counties. Commissioner Scarborough stated there are people who have alarm systems with perpetual problems that keep going off, and there is cost and danger to law enforcement with false alarms. Commissioner Higgs stated the alarm industry and law enforcement brought the ordinance to the Board.

Discussion ensued on fees, alarms being set off by something beyond the control of the owner, and scaling fees.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to continue the public hearing on an ordinance amending Ordinance No. 94-20, regulating alarm systems, until December 17, 1996.

Commissioner Voltz stated things keep coming back to the Board; it is only talking about changing the fourth and fifth alarm, and it should make decisions instead of sending things back.

Commissioner Cook withdrew the motion.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to continue the public hearing on an ordinance amending Ordinance No. 94-20, regulating alarm systems, until December 17, 1996. Motion did not carry; Commissioners Scarborough and Higgs voted aye; and Commissioners O?Brien, Cook and Voltz voted nay.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to amend the ordinance using incremental fees and adding electrical power disconnect or failure beyond control of onsite owner as exemptions with no fine and not counted as a false alarm.

County Attorney Scott Knox advised if the Board adds exemptions, they will need to re-advertise the ordinance to be valid. Commissioner Higgs recommended $50, $75, and $100 fines and the County Attorney re-advertise the amended ordinance.

Commissioner Cook amended the motion to direct the County Attorney to re-advertise a public hearing on the ordinance as amended; and Commissioner O?Brien accepted the amendment. Chairman O?Brien called for a vote on the motion. Motion carried and ordered unanimously.

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

PUBLIC HEARING, RE: REPEAL OF ADMINISTRATIVE INTERPRETATION OF THE COMPREHENSIVE PLAN AND WETLAND PROTECTION CODE, RE: BREVARD VENTURES OFFICE BUILDING

Chairman O?Brien called for the public hearing to consider a repeal by Brevard Ventures, Inc. of the administrative interpretation of the Comprehensive Plan and Wetland Protection Code.

Attorney Rick Stadler, representing Quido Roncallo, advised the property has been designated commercial for more than 15 years; all the property around it is commercial; and because of the Wetland Protection Code, the property cannot be developed.

Quido Roncallo, representing Brevard Ventures, Inc., presented and explained pictures of the property and surrounding areas; advised he received site plan approval in 1985; the building and land sat fallow while properties developed around it; and it did not start out as wetlands, but development around it and dumping of excess water from surrounding neighborhoods created it. He advised it has been zoned BU-1; he pays in excess of $11,000 in taxes; the judgment of staff removed his chances of developing the property; and because of the wetlands he has no access to develop it.

Joe Mayer of Bussen-Mayer Engineering Group, explained maps of the area; stated the property on the east was approved through appeals; the property surrounding the subject parcel is Paradise Golf; and it is documented that over time the property was affected by drainage from off site. He explained drawings and drainage for the area; stated Mr. Roncallo?s property is the highest at 4.0 elevation; he cannot get a driveway to the property; and it is not possible to work within the confines of the Ordinances without impacting the wetland due to utilities, drainage requirements, etc. He stated the property is not economically feasible to develop without impacting the wetland; they have the Corps of Engineer?s and St. Johns River Water Management District?s permits with off site mitigation; and in cases like these, off site mitigation is more appropriate than anything on site.

Attorney Stadler advised mitigation is not entirely in Volusia County and is partly in Turnbull Creek and Flounder Creek; the wetland was created by changes in the drainage pattern; it was not there in 1985 and because the area was filled, water collected on the property; and the District recognized it and identified it as an isolated wetland. He stated it is a drainage basin for stormwater and does not have characteristics of a wetland; the change in land use would make everything they are trying to do permittable; the permits expire January, 1997; and requested approval of their application. He stated they had to pay $1,000 application fee which is very high; and requested a partial refund.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve appeal of Richard E. Stadler, Esquire, regarding administrative interpretation of the Comprehensive Plan and Wetland Protection Code for the Brevard Ventures Office Building.

Commissioner Scarborough stated it does not make sense to go from one water body to another for mitigation in Volusia County. Chairman O?Brien stated it should be within a five to ten-mile radius of the property; to move it somewhere else does not make sense; and he hopes the District will look at the request and allow mitigation within five or ten miles.

Chairman O?Brien advised the wetland is 30% of the 3.89 acres, or 1.97 acres; it is isolated and littered; and it was dry for ten years, but now it is wet.

Debbie Coles advised she talked to the District about mitigation; it is the only project they are working on in South Volusia County; and the applicant has chosen that route. She stated he could enhance wetlands on site next door; the functionality of wetland was verified urban wetland that required mitigation; it has been disrupted and is not of high quality; however, she was trying to be consistent with application of the Code to avoid or minimize impact in the interest of the public. She stated they have significant uplands on the site; commercial and industrial uses should not be permitted in wetlands; and the applicant does not meet the qualifications in the Comprehensive Plan criteria.

Commissioner Higgs advised the Board has before Department of Community Affairs amendments to the Wetlands Policy of the Comprehensive Plan; Policy 5.2.F.2 does not allow commercial and industrial land uses in wetlands; of the 3.89 acres, only 1.17 acres are wetland; so there is enough land to do other things. She stated it does not meet the criteria of the law and cannot be approved; and under the amendments, the Board may potentially permit this action, but not now. She stated the Corps of Engineers permit can be renewed; by not approving this application, the Board is not depriving the owner use of the property; there has been flooding and drainage problems in the area because of soil conditions and development of wetlands; and she cannot approve this under the definitions of the Code.

Chairman O?Brien advised the County spent a lot of money near the Veterans Memorial to buy retention areas. Commissioner Higgs stated building in unsuitable soils perpetuated drainage problems.

Commissioner Voltz advised she looked at the property and it is not wetlands, it is a drainage problem; there is building on one side, the golf range on the other side, and no drainage, allowing runoff on that property; and they identified the property as wetland, and making the owner mitigate where he should not have to mitigate because it is not wetlands. She stated he should not be penalized; and the Board should support it and let him do what he needs to do. Commissioner Voltz advised staff?s options were: (1) deny the proposed development based on staff?s interpretation and application to the facts on the site, and (2) permit the proposed development based on the applicant?s meeting the conditions in Policy 5.2.F.2., thus disagreeing with staff?s interpretation of the Comprehensive Plan and County Code regarding this site; and "disagreeing with staff?s interpretation" is arrogant and is not necessary to be in there.

Commissioner Cook advised the Local Planning Agency approved it; the adjacent site behind the Shopping Center was approved by the Board; and it is hard not to approve this one; however, it should be mitigated in Brevard County rather than Volusia County. Chairman O?Brien advised the applicant made that choice. Mr. Stadler advised Mr. Roncallo lives in Brevard County; and at the time the only project the District had was the project he agreed to. He stated he does not know if they have different projects now. Commissioner Cook stated he will approve the request with condition that Mr. Stadler request another project in Brevard County from the St. Johns District. Mr. Stadler stated he will pursue it with the District. Commissioner Voltz stated mitigation has nothing to do with the project and needs to be done separately.

Commissioner Higgs advised the Corps of Engineers, St. Johns District, and technical staff of Brevard County applied the law for determining it as wetlands; it is the Board?s prerogative to make its own determination; it has asked staff to make professional judgments, but it has the right to make its own judgment; however, the policies as written and the Wetland Code, do not permit this development. Commissioner Cook stated he went on the site; it is disturbed and not pristine; and the Board approved an adjacent site, so he does not know how it cannot approve this one.

Chairman O?Brien called for a vote on the motion. Motion carried and ordered; Commissioner Higgs voted nay.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct staff that in the future, staff promulgate policy that encourages applicants to mitigate in areas that affect the same water body and be within 15 miles of the subject site if possible. Motion carried and ordered unanimously.

The meeting recessed at 10:37 a.m., and reconvened at 10:52 a.m.

PUBLIC HEARING, RE: REQUEST FROM BARBARA C. MEJIAS FOR VARIANCE TO BREVARD COUNTY COASTAL SETBACK LINE

Chairman O?Brien called for the public hearing to consider a request from Barbara C. Mejias for a variance to the Brevard County Coastal Setback Line.

Commissioner Higgs advised the applicant requested the public hearing be continued.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to continue the public hearing on a request from Barbara C. Mejias for variance to Brevard County Coastal Setback Line until December 17, 1996. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY (PART OF NIMITZ STREET) IN MELBOURNE MANOR, SECTION B - LEO BOURQUE

Chairman O?Brien called for the public hearing to consider a resolution vacating a right-of-way (part of Nimitz Street) in Plat of Melbourne Manor, Section B, as petitioned by Leo Bourque.

County Manager Tom Jenkins advised the Board asked staff to look at this request and future development to see what the vacating will do to that; and they are trying to find a solution to accommodate the petitioner and need more time.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to continue the public hearing on a resolution vacating right-of-way (part of Nimitz Street) in Plat of Melbourne Manor, Section B, as petitioned by Leo Bourque, until December 17, 1996. Motion carried and ordered unanimously.

ACCEPT STAFF REPORT, RE: MEDICAL HARDSHIP ACCESSORY HOUSING

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to accept staff?s report on elderly and medical hardship accessory housing; and direct staff to send it to the Local Planning Agency. Motion carried and ordered unanimously.

ACCEPTANCE OF STAFF REPORT, EXECUTE AGREEMENTS, AND AUTHORIZE COUNTY MANAGER OR DESIGNEE TO EXECUTE FUTURE AGREEMENTS, RE: OWNER-OCCUPIED HOUSING REHABILITATION PROGRAM

Housing and Human Services Director Bernice Jackson gave a brief summary of the staff report on the housing program.

Laura Ward, District 1 appointee to the Affordable Housing Council, encouraged the Board to take action to incumber the funds for the program; and stated it assists elderly persons who own their homes that are typically free of mortgages; their incomes do not support their rent; and moving out of the neighborhood would require another way to provide for them. She advised of the benefits and spinoffs.

Kim Gabriel, District 5 appointee to the Affordable Housing Council, advised the Board adopted a consolidated plan and directed rehabilitation of houses as a major focus; in 1995-96, 23 houses were rehabilitated; and recommended the program be continued and maintained at a cap of $29,000. She advised of the economic and social benefits to revitalize neighborhoods; and requested the Board support staff?s recommendations.

Susan Baiocco, Chairman of the Affordable Housing Council, advised the programs are helping target areas; the Council will assist the Board in any way possible; and it requests the Board approve the recommendations of staff.

Juanita Wright stated she supports what was previously said.

Commissioner Voltz advised they must live in the house ten years following rehabilitation or pay back the assistance provided; and inquired what happens if the person dies and leaves the home to someone who cannot pay the loan. She stated she has a problem if they are burdened with the loan and lose the house. Chairman O?Brien inquired if a person passes away and wills the house to a son, will the lien be required to be paid off before title is transferred; with County Manager Tom Jenkins responding the lien stays with the house until it is sold so the house will not be taken from someone.

Commissioner Cook inquired if the Board could help more people by lowering the cap from $29,000 to $20,000; and recommended staff look at that and get comments if another cap could enhance the ability to help more people. He stated he would also like comments on how assets are reviewed; how long is the mortgage forgiven; and have the Council report if they support $29,000 is ten years adequate time span to forgive the loan.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to accept staff report; execute Agreements with Marilyn S. Curran, Gertrudia Cuyler, L. H. and Katherine Johnson, Mae Barton, Crandall and Fay Bell Warren, Louise Harris, Nancy Brightman, Dolores Sliger, Brenda Stewart, Oland J. and Virginia Kershaw, Hazel H. Williams, Adolph and Everlenia Berry, and Albert T. and F. Madeline Austin; authorize the County Manager or his designee to execute future agreements for the Owner-Occupied Housing Rehabilitation Program; direct staff to provide a report in 60 days, including how assets are reviewed and how long the mortgage is forgiven; instruct Affordable Housing Council to review the $29,000 cap to determine if a lower cap could enhance the ability to help more people; and direct staff provide itemized examples of homes that have been rehabilitated and a detailed explanation on the bidding process.

Discussion ensued on planning area, rehabilitation being more than the value of the home, building a new house for the cost of rehabilitation, programs for demolition and reconstruction, process for determining whether a home is rehabilitated or demolished, revitalizing neighborhoods, Code requirements, limiting the cap, federal housing standards, social structure, HUD funding, and housing programs for young people.

Chairman O?Brien called for a vote on the motion. Motion carried and ordered unanimously.

RESOLUTION, RE: ESTABLISHING RULES AND FEE SCHEDULES FOR THE SAVANNAHS, SPESSARD HOLLAND, AND HABITAT AT VALKARIA GOLF COURSES

Robert Drummond, James A. Kimber, Jack Greene, Carlos Bowden, Mark Scammell, Clark Hall, Angus W. MacKenzie, Cappy Copacino, Fred DeAngelis, Mary Braun, Warren Olin, Guy Brown, Kenneth Jahelka, and Michael McLernon addressed the Board regarding inability to obtain annual memberships, Mr. Burress? position, lack of play, promotion of the County courses, lack of proper procedures, proposed rates not considered by Advisory Board, senior citizens on fixed incomes cannot afford increase in fees, equal access, closing Savannahs if it is not carrying its weight, upkeep of the courses, debt service, gift certificates, advance green fee cards, USGA Rules of Golf, cash awards, and success of Spessard Holland Golf Course.

Parks and Recreation Director Charles Nelson advised staff met with the Advisory Board in October, 1996, and it rejected everything staff submitted; since that time staff has listened to what was being said; changes were closer to what they recommended; and in some cases staff was concerned with doing step-by-step and fee-by-fee, so it surrendered for the five points. He stated the five points are: (1) Associations abide by USGA Rules of Golf for Amateur Status in order to block tee times, and require awards be in the form of pro shop merchandise certificates; (2) increase non-discount cardholder rates for 18 holes from $23 to $25 and for 9 holes from $14 to $16; (3) advanced green fee card rate increase from $475 to $600 for a single person and $300 for additional family members; (4) reduce advanced green fee surcharge from $9 and $6 to $8 and $5 at Habitat and Savannahs and $7 and $5 at Spessard Holland; and (4) employee golf fees of $15 during non-peak hours in winter and $10 during remainder of the year. He stated Spessard Holland is par 67 and not a championship course and should be recognized.

Commissioner Higgs stated annual cards are good and should be supported; and a cap on those may be good, but she cannot determine that.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to open annual cards to everybody.

RESOLUTION, RE: ESTABLISHING RULES AND FEE SCHEDULES FOR THE SAVANNAHS, SPESSARD HOLLAND, AND HABITAT AT VALKARIA GOLF COURSES (CONTINUED)

Commissioner Voltz advised the annual card holder benefits, but if they play more than twice a week, the County makes money because they have to rent carts; and if they play during the winter, they have to pay more. Mr. Nelson stated the problem is they do not track who uses the cards; and what they can tract is the green fees through the cash register.

Discussion ensued on blocking premium times for Association play, charging different green fees for different types of courses, annual passes, and unlimited advanced green fees.

Chairman O?Brien called for a vote on the motion. Motion carried and ordered unanimously.

Commissioner Cook recommended charging all $475 or $600, or something in between. Commissioner Higgs advised anyone who buys advanced green fee cards can play at all three courses, so if it is cheaper at Spessard Holland, they will all buy it there.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to charge $475 for all advanced green fee cards at all courses.

Commissioner Voltz recommended a different fee for Spessard Holland only. Commissioner Higgs indicated they want to encourage people to play all three courses.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to amend the motion and charge $495 for advanced green fee card per member and $270 for additional family members. Motion carried and ordered unanimously.

Mr. Nelson advised they have been alternating tee times and would like it to be part of the fee schedule.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve alternating tee times. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to maintain existing policy on Associations.

Mr. Nelson advised he received a letter saying what the Associations are doing is in violation of USGA Rules; they are doing something staff cannot capture and has no impact in the Pro Shops; and suggested once a month using gift certificates as an alternative to see what the impact is.

Commissioner Voltz stated it needs to benefit the people who play all the courses if they must spend funds in the Pro Shops. Commissioner Cook recommended trying it once a month. Commissioner Higgs suggested asking the Associations to work with the Pro Shops and consider other ways to be supportive. Commissioner Voltz recommended the Pro Shop staff encourage people to spend funds in the Shop by being innovative. She stated if they can sell something for $20 why do they charge $50. She stated staff also needs to find out if what the Associations are doing is legal.

Mr. Nelson advised the old Resolution does not allow advanced green fees for Association play, and recommended deleting that.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to amend the motion to include deletion of not allowing advanced green fees for Association play. Motion carried and ordered unanimously.

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

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve staff?s recommendation on daily green fees. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve daily current surcharge. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to eliminate privileges for all County employees, even golf course employees.

Commissioner Voltz advised their job description is to play the course.

Chairman O?Brien called for a vote on the motion. Motion carried and ordered unanimously.

Mr. Nelson advised if golf course employees play the course, it helps them explain the course to people who come to the Pro Shop, and they do not play while they are on the clock.

Commissioner Scarborough stated it may be important, but not all the time. Commissioner Voltz suggested once a week or once a month. Gene Burgess advised it is only free for pro-managers to evaluate conditions of the course once a week; and there are only three pros and him. He stated all others are during off time and limited to $5.00 including green fee and cart fee.

RESOLUTION, RE: ESTABLISHING RULES AND FEE SCHEDULES FOR THE SAVANNAHS, SPESSARD HOLLAND, AND HABITAT AT VALKARIA GOLF COURSES (CONTINUED)

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve a $5.00 fee for golf course employees twice a month.

Commissioner Cook stated it should be eliminated completely. Commissioner Voltz stated it is part of their job. Commissioner Higgs stated it is valuable to the course and public relations if they have knowledge of the course.

Chairman O?Brien called for a vote on the motion. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution amending Rules and Fee Schedules for Spessard Holland, Savannahs, and Habitat Golf Courses, as amended. Motion carried and ordered unanimously.

The meeting recessed at 12:52 p.m. and reconvened at 1:32 p.m.

DISCUSSION, RE: CHANGES TO DOG/CAT RABIES VACCINATION TAG/ CERTIFICATION PROGRAM

Debbie Copeland, representing SPCA of North Brevard, advised to effectively combat the spread of rabies, they encourage spaying and neutering of pets; and if managed properly the license tag program will bring in much needed revenue and reduce the cost of animal control in the long term. She stated there is some apathy about the program, but they must make changes that will increase effectiveness and efficiency. She stated the proposed fee of $5.00 for unaltered and $3.00 for altered animals license tags is not substantial enough to make a difference; a differential program needs to promote responsible pet ownership and encourage altering; unaltered animals are primarily responsible for bites and over-population problems; and the shelters perform euthanasia on thousands of animals annually to make room for the influx. She stated they need to make it worthwhile for pet owners to alter their pets; the program would be promoted through the shelters; they would like to see a license fee of $20 for unaltered and $5.00 for altered animals to send a message to residents that it pays to alter their animals; and if the veterinarians do not want to be involved in the license tag program, they could bill directly from the rabies certificates. She stated it can be a win/win situation and help lower animal population while increasing efficiency.

Sherri Wanda, representing SPCA of North Brevard, advised many counties in the country have successful tag programs that do not have participation of the veterinary community; there are different ways to go about it; and suggested a committee to address the issues, contact people who have successful programs, address it as a public health issue, and establish a new program which will work for the entire County.

Clara Gunde, representing Central Brevard Humane Society, presented the Board with the 1997 Best Pets of Brevard calendar which is a fund raiser for the Society, and her report on the license tag proposal. She stated the differential licensing program recognizes owners who spay and neuter their animals and rewards them by making the tags a lesser amount; the veterinarians have always been supportive of the County license; but because of disenchantment with the way the program is run, they do not want to participate. She stated they would supply the veterinarians with printed envelops and information sheets to hand out to their clients; and they could mail those to the shelters with their rabies certificates to be filled out and sent back. She stated they have sold about 9,000 County tags at $10 each and that is increasing because veterinarians call for envelops. She stated they encourage people to buy the tags because animals wearing tags get back home and avoid a trip to the crematorium.

Gregg Shinn, representing Brevard County Veterinary Medical Association, advised animal control is under-budgeted; they are seeking means and ways to raise revenues; rabies is a public health problem; and that is the impetus behind the rabies tag movement. He advised of the deficiencies of the current animal control program; and stated animal control is needed for protection of public health, education, and enforcement of current laws, but they do not have the means or manpower. He stated the veterinarians tried to brainstorm an innovative technique to increase vaccination and identification of animals; they hand out the envelopes; however, they do not want to be involved in the documentation which is a cumbersome process for their front desk staffs. He stated the source of revenue for animal control needs to be more than rabies tags and General Fund money; they suggest an ad valorem tax because it serves everybody; and the veterinarian society supports a differential rabies fee, and is not opposed to issuing tags. He stated they need to establish a better means for funding animal control in the future; they appreciate the work done by animal control and want to continue supporting them; and they want to do what is best for the public.

The Board discussed veterinarian emergency service, creating a public record from the lists of clients, vaccination clinics, identification of veterinarians by number code, how to identify a lost pet, non-government operation so records are not public, enforcement, spay and neuter program, cooperation of veterinarians, ad valorem tax support, revenue projections, compliance with law for health reasons, sources of funding, and different license fees.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve a $5/$10 differential program for animal license tags.

Discussion continued on the different fees, veterinarians supporting $3/$5 differential, revenue generation, another source of funding so license fees can be used for education, sales tax on dog food and issue free tags, review other operations in the counties and states, and consider options before the next budget sessions.

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

AGREEMENT AMENDING ADDENDUM TO CONTRACT FOR SALE AND PURCHASE WITH ATLANTIC GULF COMMUNITIES, RE: FAY LAKE IN PORT ST. JOHN

Commissioner Cook inquired if the County will have the results of ground water testing before closing; with Parks and Recreation Director Charles Nelson responding yes, they found none of the petroleum products, so the site was cleaned up and test paid for by the seller. He stated a diving team from the Sheriff?s Office checked the lake and found nothing.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to ratify and approve Agreement to Amend Addendum to Contract for Sale and Purchase with Atlantic Gulf Communities for Fay Lake in Port St. John. Motion carried and ordered unanimously.

APPROVAL OF FINAL PAYMENT, RE: FLOUNDER CREEK DETENTION POND

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to approve final payment to Priority 1 Construction of Brevard, Inc. for construction of Flounder Creek Detention Pond at $63,862.69. Motion carried and ordered unanimously.

ACCEPTANCE OF STAFF REPORT, AND IMPLEMENTATION OF RECOMMENDED ACTIONS, RE: ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE

Commissioner Voltz recommended the item be tabled to allow her an opportunity to meet with Mr. Trigg and resolve her questions.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to table acceptance of Staff Report and Implementation of Recommended Actions on Analysis of Impediments to Fair Housing Choice until December 17, 1996.

Annie Camacho, representing Fair Housing Continuum, recommended the Board reject the analysis from staff, indicating it contains erroneous information and misrepresentations; read portions of her report; and criticized staff?s report. Commissioner Voltz asked Ms. Camacho to meet with her in her office. Commissioner Higgs suggested she meet with staff and send copies of her concerns to the Commissioners.

Chairman O?Brien called for a vote on the motion. Motion carried and ordered unanimously.

AMENDED LEASE AGREEMENT WITH SHELDON COVE, LTD., RE: OFFICE SPACE FOR TOURISM DEVELOPMENT

Commissioner Higgs expressed concern that the County will deposit $6,000 and not get interest on it.

Assistant County Manager Joan Madden advised the deposit will be placed in an interest-bearing account and used for utility payments since the landlord will be paying the bill.

Commissioner Higgs stated she has concerns that TDC will be moving to Cape Canaveral as opposed to a more central location.

Commissioner Voltz stated the money TDC pays now is from taxes; so when it pays the County for rent, it is recycling its own money and taxpayers are getting double benefit. Ms. Madden stated it will free up space in the building. Commissioner Voltz stated the taxpayer will lose that income; and she cannot support it. She suggested Rockledge Courthouse or some other County facility so the taxpayers do not lose that money.

Discussion ensued on rent, mileage, term, redesign of the space by the landlord, proximity to Port, free use of conference room, restrooms and common areas, and other relocations planned for County Departments.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to deny execution of the Lease Agreement with Sheldon Cove, Ltd. for office space in Cape Canaveral to house the office of Tourism Development closer to the Port and Space Center.

Commissioner Cook suggested staff get with the lessor and negotiate a more agreeable contract, unless there is no support on the Board to do that. Commissioner Higgs stated TDC should not be on Cape Canaveral.

Chairman O?Brien called for a vote on the motion. Motion carried and ordered unanimously.

POLICY BCC-72, RE: REAL PROPERTY LEASE AND VENDOR SERVICE AGREEMENTS

County Manager Tom Jenkins advised the Board directed staff to bring back a 90-day cancellation added to all leases; and staff prepared policy to that effect and raised concerns about that concept because it will have a fiscal impact.

Chairman O?Brien stated the County is the property owner and the lessee wants to dictate the terms. Mr. Jenkins stated the concern is lessees making major investments and in 90 days can be thrown out. Commissioner Scarborough stated people will not respond to bids for that. Commissioner Cook stated people making money and leasing property from the County. Commissioner Scarborough stated if there is a substantial investment, it should mandate a longer period.

Discussion ensued on sweet deals, contractual obligations, and reworking the policy.

The Board did not approve the proposed policy regarding real property lease and vendor service agreements, and referred it to the County Manager to rework the policy and provide options that would not be give-aways and would consider those who make major investments that may require longer lease terms.

PUBLIC COMMENTS - NELLY STRICKLAND, RE: NUDITY LAWSUIT

Nelly Strickland advised she has been calling the police department on alleged dope pushers with three dogs that they let out every hour; and inquired if there is a reasonable way to get them to stop barking. She inquired about the status of the nudity lawsuit. County Attorney Scott Knox advised the defendants raised constitutionality issue; and Commissioner Cook stated the court held the Board had jurisdiction. Ms. Strickland stated she read that she would have to pay $1.00 to go to the beach and is not in favor of that. She stated the nudists have cost the County a lot of money and should pay for it. Commissioner Cook stated it is a public beach and he was not aware of any charges; however, if there are charges, it would be the Park Service and not the County. Chairman O?Brien stated the Park Service is charging $5.00 a car to pay for lifeguards. Ms. Strickland requested the Board request the new Sheriff provide more protection and enforce the nudity law.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to reiterate the Board?s position regarding nudity; and direct the County Attorney to prepare a letter for the Chairman?s signature, requesting Sheriff Phil Williams continue to enforce the nudity Ordinance. Motion carried and ordered unanimously.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 3:43 p.m.

RANDY O?BRIEN, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

ATTEST:
SANDY CRAWFORD, CLERK
SEAL