The Board of County Commissioners of Brevard County, Florida, met in regular session on January 21, 1997, at 5:30 p.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 Reverend Buddy Creel, First Assembly of God Church, Cocoa, Florida.

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

REPORT, RE: PAYMENT OF LEGAL FEES

County Attorney Scott Knox advised Commissioner Cook pointed out a discrepancy of an attorney's bill that underpaid 17 hours, and asked him to look into it; it is true that the attorney was underpaid; and recommended payment of $40 an hour for the 17 hours or a total of $680.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve payment of $680 for legal fees that was questioned in the bill folder of January 14, 1997 as being less than the court order. Motion carried and ordered unanimously.

REPORT, RE: APPLICATIONS FOR TOWERS

County Attorney Scott Knox advised staff asked if they should accept applications for communication towers since the Board has a moratorium on towers.

Commissioner Cook advised within 60 days the Board should have a resolution to the issue; and there is no purpose to accept applications until the Board makes a decision. He stated the Board was explicit about not accepting applications.

Commissioner Higgs advised if the Board is going to take action in 60 days, at some point it has to accept applications; she does not think it is wrong, but they should not process the applications under the Board takes action.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to continue to accept applications for towers, but make sure people know the County is under a moratorium for 60 days and applications will not be processed; and direct the County Attorney to prepare a statement to be given to applicants stating there may be a problem and applications will not be processed until the Board makes a decision. Motion carried and ordered unanimously.

APPOINTMENT, RE: INFORMATION SYSTEMS ADVISORY COMMITTEE

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to appoint Scott Kerr, 332 Apollo Drive, Satellite Beach, 32937, to the Information Systems Advisory Committee. Motion carried and ordered unanimously.

APPOINTMENT, RE: CONTRACTORS LICENSING BOARD

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to appoint Howard Chelson, 5975 Adele Street, Port St. John, 32927, to the Contractors Licensing Board, replacing William Warren, with term expiring December 31, 1997. Motion carried and ordered unanimously.

REQUEST FOR SPEED HUMPS, RE: CALAIS AVENUE

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to table request for speed humps on Calais Avenue until January 28, 1997. Motion carried and ordered unanimously.

REPORT, RE: TRAFFIC SIGNAL AT U.S. 1 AND VIERA BOULEVARD

The Board directed the County Manager to write a letter to Florida Department of Transportation regarding operation of a traffic signal at U.S. 1 and Viera Boulevard.

RESOLUTIONS, RE: COMMENDING RON CLARK AND GEORGE WILSON

Motion by Commissioner Voltz, seconded by Commissioner Cook, to direct staff to prepare commendation resolutions for Ron Clark and George Wilson of the Sheriff's Department for adoption at the January 28, 1997 meeting. Motion carried and ordered unanimously.

REPORT, RE: APPOINTMENTS TO ADVISORY BOARDS

Commissioner Voltz advised her staff was told she should not send in appointments on Monday before the meeting; however, Commissioners make appointments under their reports.

Chairman O'Brien advised the paper flow has to stop on Fridays. Commissioner Scarborough stated the Board has always taken appointments under Reports; and inquired if it is acceptable; with Chairman O'Brien responding yes.

RESOLUTION, RE: COMMENDING DR. MANUEL GARCIA

Chairman O'Brien requested a resolution commending Dr. Manuel Garcia who is retiring March 31, 1997.

The Board directed staff to prepare a resolution recognizing Dr. Manuel Garcia's many years of public health service.

REPORT, RE: EVALUATION OF COUNTY MANAGER

Chairman O'Brien advised some Commissioners have not submitted their appraisals of Tom Jenkins, and he cannot get a salary increase; it went out at the end of the previous Commission; and two Commissioners have not filled out the form.

Commissioner Cook advised he evaluated Mr. Jenkins in person, but did not fill out the form. Commissioner Voltz advised she did not prepare an evaluation due to her short term on the Board.

REPORT, RE: PROPOSED LEGISLATIVE PACKAGE FOR 1997

Chairman O'Brien advised he presented the proposed legislative package to the Delegation Thursday evening; and bills have been filed for maintenance dredging, limiting Public Service Commission's authority, stronger child support enforcement, recording of conveyances of real estate, and reduction of filing fees for certain domestic abuse injunctions. He stated other issues were well received; and may be admitted administratively or by general bill, including conflicts of interest. He stated juvenile assessment center funding looks promising; the Delegation will begin the process for designating Harry T. and Harriette V. Moore homesite as a historical site, but it may take two years to complete; and the Delegation was supportive of the appropriation request for beach management and U.S. 192 and SR 520 improvements. He noted court funding will be of considerable discussion through the 1997 session; and Commissioners need to continue lobbying for relief.

REPORT, RE: BREVARD COUNTY HISTORY

Chairman O'Brien advised a column by Stockton Whitten says Brevard County was part of St. Lucie County named for St. Lucie of Syracuse on March 14, 1844; and on January 6, 1855, part of it was renamed for Theodore W. Brevard, State Comptroller.

PERSONAL APPEARANCE - MATTHEW JORDAN, RE: COMMENDATION RESOLUTION FOR ACHIEVING EAGLE SCOUT STATUS

Commissioner Cook read aloud a Resolution commending Matthew Jordan for achieving Eagle Scout status; and presented the Resolution to Matthew Jordan. He stated Matthew's project was Pinecrest Cemetery.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution commending Matthew Jordan for achieving Eagle Scout status. Motion carried and ordered unanimously.

RESOLUTION, RE: NAMING WENNER WAY

Commissioner Cook advised the entrance road to the former District 4 Commission Office is Lake Drive which is proposed to be changed to Wenner Way; and Lee Wenner, former District 4 Commissioner, deserves the recognition. He read the Resolution renaming Lake Drive as Wenner Way, and presented the Resolution to Wanda Wenner.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution renaming Lake Drive as Wenner Way. Motion carried and ordered unanimously.

Wanda Wenner asked Chairman O'Brien to read a statement. Chairman O'Brien advised Lee Wenner was admired by everybody near and far; and read, "I don't trust anybody who would wear a coat and tie and socks in Florida." signed Lee Wenner, Brevard County Commissioner, 1958 to 1982. Commissioner Cook stated for years the sign said "The wrong way, the right way, and the Wenner Way." Ms. Wenner stated that statement read by the Chairman was the Wenner way.

STATUS REPORT, RE: IMPROVED ACCESS TO GOVERNMENT INFORMATION

Kris Densler, Chairman of the Citizens Advisory Committee for Improving Access to Government Information, explained the slides of the progress made by the Committee and the Brevard County Website to provide data to the public; and advised they addressed the goals, examined the current initiatives and technology, and sent out surveys asking what plans they have and what exists. She advised of web statistics, continued growth and expansion plans, emphasis on internet initiatives, identifying resources, and compatibility of codes being used.

Chairman O'Brien inquired if a user does not have Microsoft Word would he be able to read the page; with Communications Network Director Joe Lamers responding he can read it, but it depends on how complex and large the file is. He stated they are trying to convey information and keep pictures to a minimum. Chairman O'Brien inquired if there are computer nerds who could volunteer to assist the Library personnel; with Ms. Densler responding the coding language is not difficult to learn, but there is more to putting up a website.

Martin Lamb stated he would not encourage the County to hire people or spend money unless there is savings from the expenditure; the Clerk's office put in a phone system to help people receive child support information; and that could be done by putting in codes for Departments to get information at a savings to the taxpayers. He stated there is a possibility to take advantage of the technology and realize a savings in the future.

Chairman O'Brien directed the Communications Network Director to provide the recommendations of the Committee to each Commissioner in writing.

PERMISSION TO ENTER INTO IMPACT FEE FINANCING AGREEMENT, RE: HARRIET AND PATRICK BADGETT

Motion by Commissioner Higgs, seconded by Commissioner Cook, to authorize the Chairman to execute an Agreement with Harriet and Patrick Badgett to finance the impact fee for West Canaveral Groves over a period of two years. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Higgs, seconded by Commissioner Cook, to appoint and/or reappoint the following:

Surface Water Improvement Advisory Board
Mark Amos, with term expiring December 31, 1997.

Affordable Housing Council
Ralph McCoig, Jr., with term expiring December 31, 1997.

Animal Control Dangerous Dog Hearing Council
Ella Burdick, replacing Babette Barnes, with term expiring December 31, 1997.

Country Acres Advisory Board
Margaret Lewis, replacing Nancy Blackford, with term expiring December 31, 1997.

CDBG Advisory Board
Reverend Edward Buckner, with term expiring December 31, 1997.

Citizen Budget Review Committee
Dale Young, with term expiring December 31, 1997.

Economic Development Commission of East Central Florida
Tom Wasdin with term expiring December 31, 1997.

CBO Funding Advisory Board
Ray Olinger, with term expiring December 31, 1997.

Historical Commission
Orlando Ramirez, with term expiring December 31, 1997.
Ada Parrish, with term expiring December 31, 1997.

EELS Procedure Committee
Hank Hurley, with term expiring December 31, 1997.

Motion carried and ordered unanimously.

APPROVAL, RE: BILLS

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve the bills as submitted.

TRANSMITTAL OF DATA AND LETTER OF INQUIRY TO U.S. FISH AND WILDLIFE SERVICE, RE: SCRUB HABITAT CONSERVATION PLAN

Assistant County Manager Stephen Peffer advised at the last meeting the Board directed staff to compile all government-owned lands and consider it along with all the scrub to show Fish and Wildlife the scrub that government owns in Brevard County; one map shows all government lands and one is a combination; and requested approval of a letter stating Brevard County has large amounts of government-owned scrub, and request release for other parties from the requirements of the Endangered Species Act (EDSA).

Kathy Reinhold, Kim Zarillo, Harry Zieller, Mary Todd, Edwina Davis, Martin Lamb, Micah Savell, Diane Stees, Norma Savell, and Margaret Hames, addressed the Board in opposition to or in favor of including federal lands in the scrub plan.

The Board discussed what to include in the scrub habitat conservation plan, survival of the species, the process used to prepare the maps, military property, federal property, a compromise between those who are for and those who are against the plan, lands in cities, building permits, lack of information, anything beyond government lands being oppressive, if Brevard County does not have a plan Fish and Wildlife will continue to enforce the EDSA, letters from State Agencies, including the cities, estimated costs, simplifying the plan, Beach and Riverfront and EELS Programs, scrub refugia project, impacts of the plan, and Fish and Wildlife not being able to provide recommendations without a plan.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to authorize transmittal of a letter and all backup material concerning the Scrub Habitat Conservation Plan and government-owned lands in Brevard County to U.S. Fish and Wildlife Service with information on Beach and Riverfront, EELS, and Scrub Jay Refugia Programs.

Discussion continued on whether Fish and Wildlife will accept the government lands, cost to landowners, flight of scrub jays, what other counties are doing, and discrepancy in number of acres involved.

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

The meeting recessed at 7:49 p.m. and reconvened at 8:05 p.m.

DISCUSSION, RE: MODIFICATION OF STORMWATER MANAGEMENT PERMIT FOR CENTRAL DISPOSAL FACILITY'S WETLANDS MITIGATION SITE

Commissioner Voltz advised of a meeting with the homeowners of Lamplighter Village who agreed with portable pumps on the condition that the County purchase two pumps; Public Works Director Henry Minneboo said it would not be a problem; and the people were unanimously for portable rather than permanent structure. She stated it will cost about $200,000 instead of $250,000.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to authorize purchase of two portable 24-inch pumps.

County Manager Tom Jenkins advised Solid Waste will fund the improvement. Commissioner Higgs disagreed with Solid Waste funding the purchase; and recommended Mr. Jenkins come back with options on funding sources.

County Attorney Scott Knox inquired if the Board wants to withdraw the permit application.

Commissioner Voltz amended the motion to include withdrawal of the application to modify the stormwater management permit for the Central Disposal Facility's wetland mitigation site; and Commissioner Scarborough accepted the amendment.

Commissioner Higgs stated she has no problem purchasing the pumps, but disagrees with using Solid Waste funds for the purchase; and inquired if there is a way to consider the purchase without using Solid Waste funds; with Chairman O'Brien responding if there is a problem, Mr. Jenkins can come back to the Board. Mr. Jenkins stated Solid Waste could purchase and use the pumps, but if Public Works needs them, it can use them also. Discussion ensued on the funding source, number of pumps purchased, and sizes of pumps.

Chairman O'Brien stated he agrees it is a problem; however, the mobile home park is commercially owned; and inquired why the park owner is not helping his tenants. Commissioner Cook stated there are mostly elderly residents living in the park; the pumps can be used anywhere; and it will avoid a lawsuit. Commissioner Voltz stated they are residents regardless whether they live on private property or not; and as responsible government, the Board needs to help them.

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

REQUEST FOR MATCHING FUNDS, RE: CHILD CARE PARTNERSHIP PROGRAM

Health and Human Services Director Bernice Jackson advised the request was made by the Child Care Association for $50,000 to match a State grant to provide child care services for working parents; it is a move to help those people who are working and making money but cannot afford to pay the usual cost of child care services; and it is in line with welfare reform.

Assistant County Manager Joan Madden advised they applied for $100,000 in State funds; $50,000 will come from private employers; and this request is for $50,000 from the County. She stated if they apply for $150,000 it would require another $50,000 in matching; and they will work with United Way to come up with another $50,000. She stated the grant application is due in Tallahassee on January 27, 1997.

Daniel Yankovich advised he operates River Acres School where supervised child care is offered; they perform subsidized child care services; and they have operated the school for six years. He stated his wife runs the program and has a degree in child care; and he does the management.

Chairman O'Brien inquired if staff approached McDonnell-Douglas, Lockheed, etc.; with Ms. Madden responding Ms. Moore and her staff have been out in the private sector; the opportunity came just before the Christmas holidays; but it is their intent to maximize private sector dollars. Chairman O'Brien inquired if they raise $100,000 from the private sector, would the Board have to match that amount; with Ms. Moore responding no, but there is no private sector dollars now because time was not sufficient to contact all participants. She stated it is their intent to contact all companies with children on their waiting list. Chairman O'Brien inquired if they raised $100,000 from the private sector, and the County does not participate, will they still get the grant; with Ms. Moore responding yes. Ms. Madden stated there is a requirement for a letter of commitment for that amount of money.

Commissioner Cook stated the Board has run into this situation before; the application came in December, and is due on January 27, 1997, and it is now January 21, 1997; and the Board is told unless it comes up with $50,000 the program will not happen. Ms. Madden stated it will happen but not in the same dollar amount. Ms. Moore stated that was not their intent; the Board has a choice; it is a new program and they have an opportunity to participate; and they have gone to companies and submitted it to the County staff. She stated most federal programs have a short turnaround time; and that is probably why the Board experienced this in the past. Commissioner Cook stated it should come through the Community Based Organizations (CBO) next year.

Commissioner Higgs stated there is a possibility that the grant will not be awarded until March; the contract would not be awarded for three months after that; so, with that time frame, the Board could take $10,000 from Contingency and $40,000 from CBO's 1998 budget.

Commissioner Voltz stated when there is an item with no time to make decisions, staff needs to give the Commissioners a heads up when it is coming up so they have an opportunity to look further into the situation. She inquired if the Board gave the Association $50,000 and it raised enough private sector dollars, could the Board renege on the offer; with Ms. Moore responding County dollars are important because the County will not earmark those dollars, whereas other employers will earmark their contributions for their employees.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve $10,000 from General Fund Contingency, and $40,000 from CBO's Budget for 1998 to fund matching grant for Child Care Partnership Program.

Chairman O'Brien stated there are 50 parents on the waiting list; it costs an average of $4,000 per child; and inquired if the Board wants to earmark the $50,000 for County employees; with Ms. Moore requesting the Board not to earmark its funds, but include its employees who meet the criteria. Chairman O'Brien stated Brevard County is the second largest employer in the County; there are a lot of single mothers working for the County; and the Board should have a return for its dollars to benefit its employees. He stated next year they should come through CBO; with Commissioner Cook responding they do not expect to have to come back next year if the private sector gets involved.

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

REQUEST FROM SCHOOL BOARD, RE: WAIVER OF REZONING FEES

County Manager Tom Jenkins advised the request was withdrawn because further legal research showed they do not have to come to the County for zoning.

PERSONAL APPEARANCES - DAN STUMPFHAUSER AND WALTER JACKSON, RE: SUPPORT AND FUNDING FOR STAND DOWN BREVARD

Dan Stumpfhauser, representing Stand Down Brevard, advised of their efforts to provide homeless veterans food, clothing, and services; stated over 40 veterans were assisted last year; and noted they are expanding the program to not only include homeless, but also those at risk who need services. He stated they had over 120 volunteers last year, and hope to have more this year; it is co-sponsored by the Vietnam Veterans and Coastal Health Systems of Brevard County; last year the Board donated $4,000 for clothes and medical supplies; and requested its consideration to donate $3,500 this year to provide, food, clothing, insurance, medical supplies, etc. He stated they will apply next year through Community Based Organizations (CBO).

Commissioner Higgs advised last year the same issue was raised that they need to be a part of the CBO process; and inquired why they did not apply; with Walter Jackson responding he was the Project Administrator last year, had problems and backed out; Mr. Stumpfhauser and Coastal Health Systems took over; and he failed to tell them to file under the CBO program. Mr. Stumpfhauser stated they will apply next year.

Commissioner Voltz advised she is a nurse and can help volunteer her time; and requested the organization let her know what medical supplies they need. Mr. Jackson stated last year they had a medical team from Tampa that did not have enough time to do it all, so they will contact Commissioner Voltz and would be obliged for her services.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve $3,500 for Stand Down Brevard from set aside funds on a reimbursement basis; and direct the group to apply for CBO funding next year.

Commissioner Scarborough thanked the group for providing a service that benefits the County and far exceeds the County funding. Chairman O'Brien stated the average age is 46 years old; they help any veteran at risk who cannot examinations for eyes, ears, etc. and it is a worthy project. He stated the homeless veterans were thankful for one tee shirt and a shower, legal counseling, hair cuts, and some even found jobs. Mr. Jackson stated three started working, one at $8.75 an hour in St. Petersburg.

Assistant County Manager Joan Madden advised there is no contract with the group; and the funds will be on a reimbursement basis unless the Board wants a contract.

Commissioner Cook amended the motion to include funding the group the same way it was done last year; and Commissioner Voltz accepted the amendment.

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

Upon motion and vote, the meeting adjourned at 8:44 p.m.

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

ATTEST:
SANDY CRAWFORD, CLERK
(SEAL)