The Board of County Commissioners of Brevard County, Florida, met in regular session on January 20, 1998, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Helen Voltz, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs and Mark Cook, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Pastor Terry Dye, First Baptist Church of South Brevard.

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

APPROVAL OF MINUTES

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to approve the Minutes of November 25, 1997 and December 2, 1997 Regular Meetings. Motion carried and ordered unanimously.

DISCUSSION, RE: PROCESSING OF CONDITIONAL USE PERMITS

County Attorney Scott Knox stated last Friday he sent a memorandum on the tower situation; and his conclusion was that the County is not in a position to do anything because of the inability to pursue a lawsuit; however, the abutting property owners probably have some rights and remedies if they choose to pursue them at this point.

Commissioner Cook stated the Board was informed of a tower that was under construction off of Viera Boulevard; it asked the County Attorney if anything could be done; he expressed concerns, including how the tower was permitted, why it was permitted, and what the procedures were that allowed it to be permitted; and that is what has created the position today.

James Mulfall stated he was away for approximately one week; a tower was located near his home when he returned; he asked his neighbors about it; and the tower had been approved 18 years ago. He noted he was never informed about the tower; and inquired what can be done about it.

Debra Gutterson stated the tower is directly behind her house; there are strobe lights on the tower; the neighbors do not know what is going to happen; and inquired what other surprises are the neighbors going to get.

Francisco Ireland stated the neighbors do not understand how a resolution passed 18 years ago and no one revisited the site; it is unconscionable that the Board allowed this to happen; and this is unforgivable on the part of the Commission.

DISCUSSION, RE: PROCESSING OF CONDITIONAL USE PERMITS

Commissioner Cook stated the Board had no idea that the tower was permitted and being constructed; it was a decision made at the staff level in granting the permit; he does not know how it happened; and it should not have happened. He noted he is very disturbed about it; the issue needs to be addressed; it baffles him; and the County has one of the most stringent tower ordinances in the State, and this tower does not comply with the Ordinance. He stated the County needs structural changes in order to address this issue to make sure it does not happen again.

Commissioner Higgs stated she shares many of Commissioner Cook's concerns and would like to see the Board do some strong reconsideration of what the criteria are for Conditional Use Permits (CUPs) and get a staff report.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to postpone consideration and processing of all Conditional Use Permits (CUPs) to allow staff to review the Ordinance and inventory existing CUPs; and direct staff to report back to the Board within 30 days, with the Board taking action in 60 days.

Commissioner Scarborough expressed concern with sleeping CUPs; and stated staff needs to inventory every existing CUP.

Commissioner Cook requested copies of the County Attorney's opinion be distributed to the neighbors present today; stated the Zoning Official has the authority to make interpretations of the Zoning Ordinance; perhaps such authority should be vested in the County Manager; and there needs to be another level of scrutiny.

Commissioner Higgs stated decisions were made years ago as to how CUPs were handled by a previous zoning director; that has served as precedent; and requested the County Manager come back to the Board as a part of the report and explain how other counties are handling zoning interpretations so that it can look at different options. Commissioner Cook stated that is fine.

Commissioner Cook stated there needs to be some structural change in how CUPs are handled and in the review process to ensure that all proper reviews are being made.

The Board directed the County Manager to review how other counties are handling zoning interpretations. Chairman Voltz called for a vote on the motion. Motion carried and ordered unanimously.

CONGRATULATIONS

Commissioner O'Brien stated the Class 3A Minutemen Girls Basketball Team of Cocoa Beach now stand 24-0; they are still number one in the State of Florida; and congratulated the Team.

CONGRATULATIONS

He stated the Class 4A Tigers Boys Basketball Team of Cocoa remain number one in boys basketball in the Cape Coast Conference; and congratulated the Team.

Commissioner O'Brien stated he is an avid baseball fan; he is very happy to have the Marlins and Manatees at Space Coast Stadium; the Marlins have a new Brevard Operations Manager at Space Coast; and introduced Andy Dunn.

Andy Dunn stated he is the new Director of Brevard Operations for the Marlins; and the community has been very polite and has made him feel welcome. He presented a team photograph to the Board on behalf of the Florida Marlins organization.

INTRODUCTION

Commissioner O'Brien introduced friend, Margie Salin, who lives up north and is visiting with his family.

RESOLUTION, RE: RELEASING CONTRACT FOR IMPROVEMENTS IN SUNTREE FIELDSTONE, PHASE II

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution releasing Contract with Classic Fieldstone, Ltd. for improvements in Suntree Fieldstone, Phase II. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT FOR IMPROVEMENTS IN VIERA, TRACT MM/QQ, PHASES 4, 5 AND 6

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution releasing Contract with The Viera Company for improvements in Viera, Tract MM/QQ, Phases 4, 5 and 6. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: JOE LEE SMITH PARK MAIN BUILDING AND POOL HOUSE RE-ROOFING

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant permission to bid construction of Joe Lee Smith Park Main Building and Pool House Re-roofing; authorize award of the contract to the lowest responsible bidder; and authorize the Chairman to execute the contract. Motion carried and ordered unanimously.

AMENDMENT NO. 3 TO AGREEMENT WITH ARCHITECTS IN ASSOCIATION ROOD & ZWICK, INC., RE: EAU GALLIE PUBLIC LIBRARY

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Amendment No. 3 to Agreement with Architects In Association Rood & Zwick, Inc. to provide additional design services for Eau Gallie Public Library, in the amount of $3,560. Motion carried and ordered unanimously.

AGREEMENT WITH CALEMA WINDSURFING, INC., RE: WINDSURFING SERVICES AT KELLY PARK

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Agreement with Calema Windsurfing, Inc. to finance, design, build, operate, and manage a windsurfing facility at Kelly Park for a period of seven years, with two seven-year renewal terms. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: AUDIT REPORT FOR HOUSING AUTHORITY OF BREVARD COUNTY

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to acknowledge receipt of the Housing Authority of Brevard County's Audit Report for the period April 1, 1996 through March 31, 1997. Motion carried and ordered unanimously.

APPROVAL, RE: REVISIONS TO 1998 BOARD MEETING SCHEDULE

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve revisions to the 1998 Board Meeting Schedule. Motion carried and ordered unanimously.

PERMISSION TO EXECUTE CONTRACT AGREEMENT WITH BELLSOUTH TELECOMMUNICATIONS, INC., AND AUTHORIZE COUNTY MANAGER OR DESIGNEE TO EXECUTE INDIVIDUAL ORDERS, RE: NETWORK LINES AND CIRCUITS

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Contract Agreement with BellSouth Telecommunications, Inc. and authorize the County Manager or his designee to execute individual orders for network lines and circuits. Motion carried and ordered unanimously.

APPROVAL OF REVISED POLICY BCC-48, RE: RELEASE OF 911 VOICE RECORDINGS

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve revised Policy BCC-48, Release of 911 Voice Recordings. Motion carried and ordered unanimously.

AGREEMENT WITH DEPARTMENT OF COMMUNITY AFFAIRS AND BUDGET CHANGE REQUEST, RE: STATE AND LOCAL ASSISTANCE FOR EMERGENCY MANAGEMENT

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Agreement with Florida Department of Community Affairs for State and Local Assistance for Emergency Management, and approve a Budget Change Request amending the budget for receipt of the grant. Motion carried and ordered unanimously.

APPROVAL OF DONATION, RE: SURPLUS COMPUTER EQUIPMENT TO STATE DEPARTMENT OF JUVENILE JUSTICE

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to declare certain computer equipment surplus, and authorize donation of the equipment to the Department of Juvenile Justice for use at the new Juvenile Assessment Center. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS

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

PUBLIC HEARING, RE: TEFRA HEARING AND RESOLUTION FOR WUESTHOFF MEMORIAL HOSPITAL, INC.'S PARTICIPATION IN FLORIDA HOSPITAL ASSOCIATION POOLED LOAN PROGRAM

Chairman Voltz called for the TEFRA hearing and consideration of resolution and agreement for Wuesthoff Memorial Hospital, Inc.'s participation in the Florida Hospital Association Pooled Loan Program.

Chairman Voltz inquired what TEFRA means; with Economic Development Director Greg Lugar responding Tax and Equity Finance Responsibility Act. Mr. Lugar stated it is a federal law that requires local jurisdictions to hold public hearings prior to the local jurisdiction issuing a private activity bond or supporting a private activity bond in favor of a not-for-profit or a for-profit company.

Commissioner Cook inquired has this been amended to include the Bond Counsel and Financial Advisor concerns; with Mr. Lugar responding affirmatively.

County Attorney Scott Knox stated he received a resolution from Bond Counsel which includes changes; and recommended the Board approve the resolution submitted by Bond Counsel this morning.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to adopt Resolution of the Board of County Commissioners of Brevard County, Florida, approving a plan of finance for the costs of acquisition and construction of capital projects for Wuesthoff Memorial Hospital, Inc., approving the issuance from time to time of not exceeding $54,000,000 Health Revenue Bonds, Series 1997 (Florida Hospital Association Pooled Loan Program), by the Escambia County Health Facilities Authority or another city, county or authority in the State of Florida authorized to issue said Bonds, for the purpose of funding a Health Care Loan Pool Program to finance such projects; providing approval of the publication of the notice of the public hearing held in connection with the issuance of such Bonds by the authority; providing for limitations on the County's liability with respect to such Bonds; providing an effective date; and execute Agreement for Wuesthoff Memorial Hospital, Inc.'s participation in the Florida Hospital Association Pooled Loan Program. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AND RESOLUTION REVISING ANIMAL CONTROL RULES AND FINES AND FEES

Chairman Voltz called for the public hearing to consider ordinance and resolution revising Animal Control rules and fines and fees.

Clara Gunde complimented the Board on the work that has been done on strengthening the Ordinance; and stated it is long overdue. She submitted a letter from Dr. Stephen Grigsby, Chairperson of the Dangerous Dog Committee; stated her primary concern is elimination of the hazardous category from the Ordinance; and she has spoken to the Board before indicating she felt it was a mistake. She noted it is important to stay on the path of differential license fees so that the County is taking a step in encouraging people to spay and neuter their animals; and for too long in Brevard County, it has simply been addressing the results of the problem. She inquired if the one-year and three-year vaccination program issue has been presented to the Veterinarian Association; and stated the Humane Society supports very thorough care for animals by professional people.

Joe Stadnick stated the need for a strong ordinance to protect the people and dogs of Brevard County and the work of many people to produce this ordinance is appreciated by many and not liked by some; dogs are trained as attack dogs in the military and police department; home attack dogs

PUBLIC HEARING, RE: ORDINANCE AND RESOLUTION REVISING ANIMAL CONTROL RULES AND FINES AND FEES

are trained because some owners do not believe in protection of the law; and the people take the law into their hands to protect their property and family by dogs or guns. He stated the new ordinance is overdue and protection of the public is needed. Mr. Stadnick commented on $100,000 or more insurance policies for dogs and their owners; and requested the Board adopt a strong ordinance to protect both sides.

Joanne Baker inquired what is meant by "endanger a human being"; with Animal Control Supervisor Joe Ward responding endanger means that the person is at risk of severe injury. Ms. Baker stated it is ambiguous what exactly is dangerous, and inquired does the dog have to bite someone to be considered dangerous; with Mr. Ward responding negatively. Mr. Ward stated the verbiage is taken from State law; it reflects what the general consensus is in terms of dog behaviors; and certain animals that display an aggressive behavior that would likely result in severe injury to a person are those that the ordinance is attacking. She stated she would support the three-year rabies vaccine as her dog is allergic to the rabies vaccine.

Carol Alexander stated a few years ago there was an incident of a dog getting loose in Levitt Park; it was declared a dangerous animal; it now has cancer and is dying; and it has not lived in Levitt Park for six years. She noted the person who owns the dog is a relative of hers and has been harassed by the person whose cat was killed; it has not been proven that the dog killed the cat; and inquired is this ordinance going to make her relative's life miserable because she has an old dying dog. She stated the dog is now 10 years old; it would not hurt anybody; she agrees that a dog should not bite a human being; and if someone can prove that a dog has done nothing wrong for five years, it should not be considered dangerous.

John Black expressed appreciation to the Board for addressing the situation; stated he was attacked August 2, 1997 by three dogs; and the new standards for dangerous dogs should be retroactive to include dogs already declared dangerous. He noted he is still suffering from the attack he received approximately five months ago; he is going to suffer with this for the rest of his life because of owners who were irresponsible; and it should have never happened in the first place. He stated in this country, something tragic has to happen before laws are brought forth or before existing laws are strengthened.

Jill Fitzgerald stated owners of dogs should not have to pay all the money to register a dog who has not had any conditions in five years; she does not agree with $100,000 of insurance as it is easier to get more; she was also attacked by dogs; and the insurance would have to be spelled out that the dog is covered. She noted the fines that have been raised are good; and some of the money that is raised should go in a fund for first-time victims who are bitten and have no insurance. She stated after a certain number of violations, the owner should have to sign an affidavit recognizing the County's right to ownership, rather than if the dog bites.

Harvey Randolph stated severe injury to him is any injury that requires medical attention; and insurance is available to anyone who wants to buy it.

PUBLIC HEARING, RE: ORDINANCE AND RESOLUTION REVISING ANIMAL CONTROL RULES AND FINES AND FEES

Dave Sykes stated he is the owner of a large dog; some of the concerns he has are ambiguities in the wording of the law; his dog growls at most people because it is the characteristic of his breed; and he is not worried about his dog biting another person, but perhaps other animals. He noted animals fighting with other animals is unfortunate, but it happens; animals are not people; this law is trying to apply some human characteristics towards animals saying they should not fight each other; and it might be expecting too much out of animals. He stated the County should not eliminate the hazardous category; the $300 registration fee a year is exorbitant; a dog should not be declared dangerous for the rest of his life; and there needs to be a balancing act.

Francis Bliven stated two years ago as he was riding his bicycle he was bitten by a dog; and inquired how is he supposed to recognize a dangerous dog.

Chairman Voltz stated the County may have such dogs wear a tag so that individuals will know. Commissioner Cook noted dangerous dogs should not be out anyway; but they will have to wear a special tag.

Commissioner O'Brien stated Brevard County spends $1.3 million per year of taxpayers money on animal control; and if there is a $300 per year fee, it should come back to the taxpayers to help offset the costs of animal control.

Commissioner Cook stated the fee is for once a dog has been declared dangerous; there are currently 20 dogs declared dangerous in Brevard County; and before a designation can be made, it has to be an unprovoked attack.

Chairman Voltz noted it does not say that in the ordinance; and suggested under the definition of Dangerous Dog, No. 3, adding "unprovoked."

Commissioner Cook stated he concurs with Ms. Fitgerald's comments concerning after a dog has been declared dangerous, if there are repeat violations, that the owner would lose the animal.

Discussion ensued on the five-year issue regarding a dog declared dangerous, general liability, appeals, annual and three-year rabies vaccinations, consistency in the ordinance, electronic implantation, identification of the dog, tattoos, issuance of citations, scheduled and emergency hearings in County Court, rabies impoundment, domestic animals, insurance coverage and verification.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to allow the owner of a dangerous dog to appeal the fee at the end of five years, and Animal Control, upon request of the owner, visit the dog and verify; and upon recommendation of Animal Control, the fee can be reduced to the standard fee for tags. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AND RESOLUTION REVISING ANIMAL CONTROL RULES AND FINES AND FEES

Commissioner O'Brien stated if someone has a dangerous dog, it becomes an expense to the County to continue sending out an animal inspector three and four times a year to verify the dog is impounded properly by the owner; and it becomes a very expensive proposition on behalf of the taxpayers just because someone wants to own a dog that is dangerous.

Chairman Voltz stated the Animal Control staff needs to look at all 20 dogs that have been declared dangerous; with Mr. Ward responding it is in the process of doing that at the present time.

The meeting recessed at 10:50 a.m. and reconvened at 11:04 a.m.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to include language on Page 17, Paragraph E, as follows: "Dogs declared dangerous prior to January 20, 1998 which have not been subsequently cited for violations of this Article shall be subject to the registration and maintenance requirements of the Ordinance applicable at the time the dog was declared." Motion carried and ordered unanimously.

Discussion proceeded concerning length of time animals are impounded at the shelters, notification to owners, adoptions and euthanasia.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to include three days time after notification for an owner to pick up their animal at the shelter, on Page 13, Item B (2).

Ms. Gunde requested the holding time stay as it presently is which is five days; stated the Board needs to leave some discretion up to the animal shelters; extending the holding time would put a hardship on the shelters as all three of them are economic disasters; she can see hazards with reducing the time to three days; and she will leave it to the Board's discretion.

Chairman Voltz inquired if the County has not had any problems with the Ordinance the way it previously was on that issue, why would it change it.

Commissioner Cook inquired was the five-day notification taken from the prior Ordinance; with Assistant County Attorney Christine Lepore responding affirmatively. Ms. Lepore stated the only change to the current language is five business days instead of five days.

Commissioner Cook withdrew the motion and Commissioner O'Brien withdrew the second to the motion.

PUBLIC HEARING, RE: ORDINANCE AND RESOLUTION REVISING ANIMAL CONTROL RULES AND FINES AND FEES

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to delete the word "business", and leave as "five days." Motion carried and ordered unanimously.

Commissioner Scarborough stated the insurance issue needs to be looked at separately; it is not accruing to the benefit of the County, but to the benefit of someone who may be harmed; and for those dogs that have been declared dangerous in the last five years, the insurance requirement would apply to those particular homeowners' policies. Attorney Lepore stated if the Board wants to retroactively apply the insurance requirement, it should include language to make it clear.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve that any dog that has been declared dangerous within the last five years would come under the insurance provisions that the County is currently enacting. Motion carried and ordered unanimously.

Commissioner Higgs stated in dealing with the inconsistency and the three-year rabies vaccination, there are three changes she has identified that the Board can make on Pages 27, 29 and 31; in Section 14-52 (A), it could read, "The owner of a ferret, dog or cat in the County shall have a current rabies vaccination certificate provided by a licensed veterinarian"; Page 29, Section 14-54 (A) could read, "The owner of a ferret, dog or cat in the County that is vaccinated against rabies shall obtain a rabies vaccination certificate and an annual animal license tag for such animal"; and Page 31, L, can read, "The animal license tag shall be valid for a period of one year from the date of issuance."

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve revised language as follows: Page 27, Section 14-52 (A), "The owner of a ferret, dog or cat in the County shall have a current rabies vaccination certificate provided by a licensed veterinarian"; Page 29, Section 14-54 (A), "The owner of a ferret, dog or cat in the County that is vaccinated against rabies shall obtain a rabies vaccination certificate and an annual animal license tag for such animal"; and Page 31, L, "The animal license tag shall be valid for a period of one year from the date of issuance." Motion carried and ordered unanimously.

Discussion continued on fines and fees, warning to owners for dogs running at-large, first offenses, and non-threatening animals.

Commissioner Higgs stated she is comfortable with $40 for an animal at-large; and when Animal Control goes out to answer a complaint, the County has incurred significant costs in staff time.

Mr. Ward stated on the first offense, if the County does not issue a citation, the court does not recognize the second offense. Chairman Voltz stated Animal Control could write a ticket as an offense, but not charge them; and the ordinance would need to be changed.

PUBLIC HEARING, RE: ORDINANCE AND RESOLUTION REVISING ANIMAL CONTROL RULES AND FINES AND FEES

Attorney Lepore stated the Board does not need to change the ordinance; however, it would not be considered a first offense for purposes of counting how many offenses there are because they have to be cited offenses; and a warning would not be considered a citation.

Commissioner O'Brien stated if a citation is not issued on the first offense and there is a second offense, it does not stand up in a court of law; and it would be considered a first offense. Attorney Lepore stated it would be the first offense they were issued a citation for. County Manager Tom Jenkins advised a warning has no legal standing.

Chairman Voltz stated the Board can leave the item as it currently is in the ordinance.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve $75 fee for disposal of dead livestock. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Ordinance amending Chapter 14, Animal Control, Code of Ordinances for Brevard County, Florida; specifically amending Section 14-36 definitions to include aggressive animal, police dog, probable cause and service animal and amend the definitions of animal, animal control officer, at large, citation, dangerous dogs, domestic animal, hazardous dog, kennel, secure enclosure, severe injury and unprovoked; amending Section 14-41 administration and enforcement; amending Section 14-42 proceedings for violations; amending Section 14-44 impoundment of animals; amending Section 14-45 disposition of impounded animals; amending Section 14-48 quarantine of animals; amending Section 14-49 classification of dogs as hazardous or dangerous; penalties; amending Section 14-49.5 appeal procedure for sufficient cause findings of hazardous dogs; penalties; amending Section 14-50 classification of dogs as hazardous and dangerous, amending Section 14-51 failure to surrender animal or carcass; amending Section 14-52 rabies vaccination of dogs and cats; amending Section 14-53 cruel and inhumane treatment of animals prohibited; amending Section 14-54 license certificates and license tags; renaming Section 14-56 running at large; amending Section 14-57 creation of nuisance; amending Section 14-58 causing injury, property damage; amending Section 14-59 defecating, urinating on public or private property; amending Section 14-60 public parks and beaches; amending Section 14-61 persons with paraplegia and quadriplegia; amending Section 14-63 confinement of females in heat; providing severability; providing interpretation of conflicting provisions; and providing an effective date, as amended. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution relating to Animal Control; increasing fees for violations to the Animal Control Act Chapter 14, Code of Ordinances of Brevard County, Florida, Certificates Identifying Dangerous Dogs, establishing fees for animals that attack, bite, or injure a human being or domestic animal without provocation, and establishing fees for an attack, bite, or injury by a classified dangerous dog without provocation, establishing civil penalties for civil infractions; superseding previous resolutions; and providing an effective date, as amended. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING ABATEMENT OF NUISANCE TO ESTABLISH MOWING PROGRAM

Chairman Voltz called for the public hearing to consider ordinance amending abatement of nuisance to establish mowing program.

There being no objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Higgs, to adopt Ordinance amending Chapter 14, Article II, Excessive Accumulations of Growth, Code of Ordinances of Brevard County, Florida; specifically, amending Section 114-28, Declared Public Nuisance; amending Section 114-29, Nuisance Certification and Report; amending Section 114-30, Action by Board, Notice to Owner, Hearing, amending Section 114-31, Conduct of Hearing, Remedy of Condition; amending Section 114-32, Abatement of Nuisance by County, Certification of Expenses; amending Section 114-33, Assessment of Expenses, Creation of Lien, Enforcement, Redemption; providing area encompassed; providing severability; and providing an effective date.

Commissioner Higgs stated there are a couple of changes that need to be made; Page 4, Item 8, should read, "The final assessment cost may be greater or less"; and on Item 9, the spelling needs to be corrected for the word "public."

Motion by Commissioner Higgs, seconded by Commissioner Cook, to revise language on Page 7 (A), to read, "The assessment shall bear interest at the rate of 2% above the prime interest rate prevailing at the time." Motion carried and ordered unanimously.

Commissioner O'Brien amended the original motion to revise language on Page 2, Paragraph C, to delete "ponds or other bodies of water", to read "The existence of unsanitary, stagnant, wholly or partially man-made pools which tend to produce disease vectors, biting insects or pests as declared a public nuisance"; and Commissioner Higgs accepted the amended motion. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: APPEAL ON INTERPRETATION OF COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS, RE: PINEHURST AVENUE EXTENSION PROJECT

Chairman Voltz called for the public hearing to consider appeal on interpretation of Comprehensive Plan and Land Development Regulations for Pinehurst Avenue Extension Project.

PUBLIC HEARING, RE: APPEAL ON INTERPRETATION OF COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS, RE: PINEHURST AVENUE EXTENSION PROJECT

Motion by Commissioner Higgs, seconded by Commissioner Cook, to continue public hearing to consider appeal on interpretation of Comprehensive Plan and Land Development Regulations for Pinehurst Avenue Extension Project to February 24, 1998. Motion carried and ordered unanimously.

RESOLUTION, RE: AMENDING BUILDING PERMIT FEES

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to adopt Resolution of the Board of County Commissioners of Brevard County, Florida, establishing a revised fee schedule for the issuance of building permits. Motion carried and ordered unanimously.

CONSIDERATION OF OPTIONS, RE: PAYMENT IN LIEU OF TAXES

Motion by Commissioner Higgs, seconded by Commissioner Cook, to authorize pursuing an agreement with NASA for mutual aid and/or an agreement for reimbursement of charges for special events at the local level. Motion carried and ordered unanimously.

RESOLUTION, RE: APPROVING TAX ABATEMENT APPLICATION OF HYDRO ALUMINUM HYCOT

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution stating Hydro Aluminum Hycot a.s. is a qualified business expanding in the County, requesting the Property Appraiser provide the Board with the necessary report, requesting the EDC conduct an economic analysis and provide the Board with a recommendation on the company's tax abatement application, and authorizing advertisement of a public hearing on February 24, 1998 to consider the company's request. Motion carried and ordered unanimously.

APPROVAL, RE: FUNDING CHANGES TO FLORIDA DEPARTMENT OF HEALTH CONTRACT FOR FY 1997-98

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve the revised dollar amount to the Department of Public Health Contract with the Florida Department of Health for FY 1997-98, increasing the revenue and spending plan of the Health Department by $277,063, resulting from a decrease in State General Revenue, an increase in Federal funds, an underestimation in Federal WIC funds, and a correction in Brevard County General Fund allocations. Motion carried and ordered unanimously.

PERMISSION TO BID AND AWARD BID, RE: REPLACEMENT OF HEAVY EQUIPMENT

Motion by Commissioner Cook, seconded by Commissioner Higgs, to grant permission to bid and award to low bidder purchase of two landfill compactors, two truck tractors, and one farm tractor, budgeted for replacement in FY 1997-98 for the Solid Waste Management Department; and authorize purchase of one John Deere Model 544 front loader with accessories off the State Contract and one Caterpillar Model 325 BL track hoe off the GSA Contract. Motion carried and ordered unanimously.

CONSIDERATION OF PROPOSAL, RE: DESIGNATE ROADS IN BAREFOOT BAY AND SUNTREE FOR USE BY GOLF CARTS

County Manager Tom Jenkins stated State law allows the County to designate roadways in golf course communities for use of golf carts; the Sheriff was in the position that he would have to write tickets for people driving their golf carts on roadways; and State Statute also prohibits the use of golf carts on sidewalks. He noted staff contacted the Suntree Homeowners Association and Barefoot Bay Recreation organization and requested their input; and what is included is a summary of the preferences.

Commissioner Cook stated he does not have any problem moving forward with this under the staff summary, including authorizing the use of golf carts from sunrise to sunset unless they have headlights and taillights, and whatever is required under State law, to and from the golf course only which was requested by the Sheriff's Department, a minimum age requirement of 16, cross arterial roads at marked crossing only, and placing of signage.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to authorize advertising public hearing to consider an ordinance concerning golf carts on public roads. Motion carried and ordered unanimously.

APPROVAL OF LICENSE AGREEMENT BETWEEN SHERIFF AND SPRINTCOM, INC., RE: COMMUNICATION ANTENNA ON TOWER AT DAY STREET

Commissioner Higgs stated there is a memorandum from the County Attorney expressing concern that as it is written, Sprintcom, Inc. has the sole option to renew this license agreement; if it exercises that option, the Board must grant it; and the tower cannot be removed without Sprintcom's consent. She noted in fairness to the County in signing a lease, it needs to have some options should it have to remove the tower; if the County has to remove the tower and no longer needs it, it is left in Sprintcom's hands; and it would not be acceptable to her.

Jack Kirschenbaum, representing Sprintcom, stated Sprint requires and is requesting a long-term lease; it has to project out into the future as best as it can what the circumstances will be; he has

APPROVAL OF LICENSE AGREEMENT BETWEEN SHERIFF AND SPRINTCOM, INC., RE: COMMUNICATION ANTENNA ON TOWER AT DAY STREET

spoken to Mike Abels from the Sheriff's Department; and they believe that the length of the term of the lease is not going to be a problem now and is an appropriate term if all options were exercised. He stated the purpose of the lease agreement is so that Sprint does not have to build another tower; to co-locate with the Sheriff's Department benefits both parties; and as long as the Sheriff's Department feels that it is going to need this tower in this general area, it makes sense to allow the lease to proceed along its full term and give Sprint those options. He noted Sprint may find that its technology is not necessary at some point in the future; and that is the purpose of it allowing to have the option not to require the tower after that time. He stated either it is a shorter lease by allowing both parties to agree to an option or it allows Sprint the opportunity to make economic sense of this transaction and not have to build another tower.

Commissioner Cook stated he shares the same concerns the County Attorney and Commissioner Higgs have raised; a lease agreement has some give and take between two parties; as written, Sprintcom has the sole option to renew or not renew; the tower cannot be removed without Sprintcom's consent; and this is not normally how the County would do a contract. He stated the County wants to accommodate Sprintcom; it is a good idea that it does not have to put up another tower; however, the County has a public interest to protect also; and this particular contract does not give the County any options. Commissioner O'Brien stated the lease needs to be reworked.

Mr. Kirschenbaum stated it is his understanding that this lease payment and term are consistent with other leases that the County has entered into with Sprintcom's competitors, and this is the going market rate for this type of co-location.

Assistant County Attorney Shannon Wilson stated to her knowledge, the County has only had one prior experience and that was with a Company called PrimeCo; such Company was offering to construct approximately $75,000 to $80,000 worth of improvements to a tower the County needed; she would not call that a custom or refer to it as a practice that the County has entered into; and it is with this contract that her concern was that the County was going to have more of these and needed to have its ducks in a row. She stated the two very serious legal concerns she has are the ones before the Board; they also discussed the issue of the pricing of the contract; staff has done some pricing within the market place; but how well that will suit the County in the future, she is not sure it knows because it is going on other local government's experience.

Mike Abels, representing the Sheriff's Office, stated such Office has negotiated the prices; it has looked comparatively at tower rates in various governmental jurisdictions; the going rate seems to be somewhere between $1,000 and $1,250 per month; and this license agreement is $1,250 per month. He noted in some counties, the escalation clause kicks in after five years which seems to be the going rate; and this agreement goes in at year one. He stated it is important to understand that the Sheriff's Office would not want to relocate the tower; and the County has comparable market rates for what is being offered in the Sprintcom agreement versus what it had in the PrimeCo agreement.

APPROVAL OF LICENSE AGREEMENT BETWEEN SHERIFF AND SPRINTCOM, INC., RE: COMMUNICATION ANTENNA ON TOWER AT DAY STREET

Commissioner Cook stated the going rate today may not be the going rate 15 years from now; at the end of five years, he has no idea what the market is going to be; and he does not want to be in a position where someone ends up with a "sweetheart deal" five, 10 or 15 years from now and it is nowhere near the market rate as this is a public asset and the tower belongs to the citizens of Brevard County.

Commissioner Higgs stated she is in favor of co-locations on County towers and revenue generating kinds of facilities that might be there; what she has a problem with is the 15 years; and recommended the County Attorney work with Mr. Kirschenbaum and Sprintcom, Inc. to see if they can come to a better agreement, and bring it back to the Board next week.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to table consideration of Agreement with Sprintcom, Inc. for installation and operation of a communications antenna in Titusville to January 27, 1998. Motion carried and ordered unanimously.

PUBLIC COMMENT

Joanne Baker stated the Board spoke about insurance that people are going to be required to get for the dangerous dogs; she is not for dogs biting people; and inquired what insurance companies have been identified that will insure a dangerous dog.

Animal Control Director Joe Ward responded County staff found no companies that would do that, but it found several private independent brokers that would write such a policy.

Ms. Baker inquired why the Board needs to pass another law or ordinance when there are a lot of Ordinances on the books now that should stop dogs from hurting people. Chairman Voltz responded such Ordinances were not strong enough legally, and the Board needed to put some teeth into the Ordinance to make sure it could legally do what it wanted to do. Ms. Baker stated her dogs are not dangerous; with Commissioner Cook responding then the Ordinance will not affect her. Ms. Baker stated since the Board mentioned there were 20 dogs in the County that are dangerous, it seems the County is looking to make a lot more dogs dangerous than they really are; with Chairman Voltz responding the County is not looking to make any dogs dangerous. Commissioner Cook stated the Ordinance is to address the few dogs in the County that are dangerous and a menace to society, and to put the responsibility back on the owners. Chairman Voltz stated the Board does not want anyone to think that it is going to be looking for dogs to declare them dangerous; that is not the intent; and the intent is to make sure it has a provision for the dangerous dogs.

WARRANT LIST

Upon motion and vote, the meeting adjourned at 12:36 p.m.

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

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