May 6, 1997

The Board of County Commissioners of Brevard County, Florida, met in regular session on May 6, 1997, at 9:02 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 Reverend Millard L. Fraumann, Pastor, First Baptist Church, Barefoot Bay. Reverend Fraumann invited everyone to Law Enforcement Memorial Sunday on Sunday, May 18, 1997 at 10:30 a.m. at the First Baptist Church, Barefoot Bay.

Chairman Randy O?Brien led the assembly in the Pledge of Allegiance.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve the Minutes of the January 7, 14, 21, and 28, 1997 Regular Meetings, January 27, 1997 Zoning Meeting, and January 30, 1997 Special Meeting, as submitted. Motion carried and ordered unanimously.

County Manager Tom Jenkins advised the Brevard County 4-H Program Exhibit came in first place at the State Fair; and the Exhibit is on display in Building A, Government Center.

County Manager Tom Jenkins requested the Board consider a resolution requesting support of the Governor for Article V funding.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution requesting support for Article V funding. Motion carried and ordered unanimously.

County Manager Tom Jenkins suggested options for scheduling of the Valkaria Airport issue and the Landscape and Land Clearing Ordinance.

Discussion ensued on when the Board will receive response from the Department of Community Affairs, and various meeting dates.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve scheduling the Valkaria Airport issue on the May 22, 1997 or July 15, 1997 Agenda, depending on whether response is received from the Department of Community Affairs. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve scheduling the Ordinances amending Landscape and Land Clearing regulations on the July 22, 1997 Agenda. Motion carried and ordered unanimously.

County Attorney Scott Knox advised the Florida Power & Light Company sued to have the County?s Transmission Line Siting Ordinance declared unconstitutional; Judge Jackson held that it is an impairment of the obligation of contract of the 1977 Franchise Ordinance; the Fifth District Court of Appeals upheld Judge Jackson on the impairment issue; and the next option is to go to the Supreme Court.

Commissioner Cook expressed desire to appeal to get a final decision from the Supreme Court. Commissioner Scarborough expressed concern about going forward if there is not a good chance of prevailing; and suggested deferring the issue for a week so the County Attorney can provide the Commissioners with a memorandum outlining the County?s chances of success and the time required to pursue it. Commissioner Cook advised the County has interest in having some siting ability for the transmission lines. Commissioner Voltz requested information on the cost of pursuing the appeal.

Chairman O?Brien read aloud a resolution expressing affection and gratitude to all mothers, and recognizing Commissioners Higgs and Voltz.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution expressing gratitude to all mothers on Mother?s Day, and recognizing Commissioners Higgs and Voltz. Motion carried and ordered unanimously.

Chairman O?Brien presented Resolutions and flowers to Commissioners Higgs and Voltz.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to authorize the Chairman to send a letter to Speaker of the House Daniel Webster expressing appreciation for the appropriation for the Juvenile Assessment Center. Motion carried and ordered unanimously.

Commissioner Cook advised of Commissioner Voltz?s role in obtaining the grant.

Chairman O?Brien advised of the roles of Representatives Posey and Futch in securing $1.2 million for the Public Health Unit in North Brevard, and the interest at the State level in naming the facility after Dr. Manuel Garcia. Discussion ensued on Board policy concerning naming public facilities and waiver of policy.

Chairman O?Brien advised of other appropriations, $234,000 to supplement the Port St. John MSTU for recreational facilities, $300,000 for the Juvenile Assessment Center, $4.7 for Spaceport Florida, $500,000 for the Black Beam Interferometer Project, and $11.5 million for beach renourishment as well as funds for dune restoration and shoreline protection. Chairman O?Brien explained the issue of Article V funding. He advised the Board received a Certificate of Appreciation from the Juvenile Justice Council.

Chairman O?Brien inquired about topics for discussion at the joint meeting with the School Board; and suggested Commissioners submit topics to the County Manager.

Commissioner Voltz read aloud a resolution proclaiming May as Older Americans Month. She read aloud a list of representatives of Senior Centers, Alzheimers Association, Community Service Council, and Brevard Veterans Council.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to adopt Resolution proclaiming the month of May, 1997 as Older Americans Month. Motion carried and ordered unanimously.

A representative of the Senior Centers expressed appreciation to the Board.

Commissioner Voltz requested a copy of the Resolution be given to each person on the list; with County Manager Tom Jenkins responding he will do so.

Chairman O?Brien requested all Brevard County volunteers stand; and expressed appreciation for their services to the County.

Chairman O?Brien read aloud a resolution proclaiming May 6, 1997 as Volunteer Appreciation Day.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to adopt Resolution proclaiming May 6, 1997 as Volunteer Appreciation Day. Motion carried and ordered unanimously.

Human Resources Director Frank Abbate advised of the contributions of the volunteers and the benefits to the County, Brevard Community College, and the School Board.

Sarah Stern, Development Director for the Brevard Schools Foundation, explained the Mentoring Program; and introduced Christina Varner who has been working with Public Works, and Nat Marino who has been working with Fleet Maintenance. She expressed appreciation to BRAVE Coordinator, Paulette Davidson and the Board.

Paulette Davison, Court Alternatives Director Pat Bean, and Volunteer Coordinator Mona Ray read aloud the names of all volunteers present.

Commissioner Cook read aloud a resolution proclaiming May 15, 1997 as National Police Memorial Day.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution proclaiming May 15, 1997 as National Police Memorial Day. Motion carried and ordered unanimously.

Deputy Sarver, representing Sheriff Williams, expressed appreciation to the Board.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to execute Interlocal Agreements with the Cities of Titusville, Cocoa, and Melbourne, and with the City of Palm Bay, upon execution by the City Council, for disbursement of HUD HOME Investment Partnership Program funds. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to acknowledge approval of Change Order No. 1 to Agreement with Priority 1 Construction, for Kiwanis Island Community Center Re-roofing, increasing contract price by $950.24, and time by five days for installation of 98 feet of overhand and aluminum soffit to match new soffit in the gym. Motion carried and ordered unanimously.

LEASE AGREEMENT WITH VAN POOL SERVICES, INC. RE: THREE LEASED VANS

Motion by Commissioner Cook, seconded by Commissioner Voltz, to execute Lease Agreement with Van Pool Services, Inc. for lease of three vans from June 1, 1997 through July 31, 1997. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to execute Lease Agreement with Titusville Police Athletic League, Inc. for use of Odyssey 2000 Teen Dance Center at Searstown Mall in Titusville. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution stating Cramaro is a qualified new business, requesting the Property Appraiser provide necessary report, requesting EDC conduct economic analysis and provide recommendation, and authorizing publication of a public hearing to consider an exemption ordinance. Motion carried and ordered unanimously.

APPROVAL OF REVISED POLICY BCC-45, RE: TOOL REIMBURSEMENT

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve revision to Policy BCC-45, Tool Reimbursement, relating to theft of personally-owned tools on County property. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve removal of tangible personal property declared junk, not repairable, and of no auction value, as listed. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to award Bid #B-3-7-50, Construction of Eau Gallie Public Library, to PAVCO Construction at $1,365,000; and execute Agreement with the Contractor. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to award Bid #B-3-7-51, Construction of Cocoa Beach Public Library, to PAVCO Construction at $1,789,000; and execute Agreeme

Dick Gregory suggested forming an MSBU for road maintenance and drainage.

Discussion ensued on the number of new structures, not wanting to go into public housing, moving to concept of freedom of choice, rent slips, how to meet basic needs, ability to use State and local funding to develop sewer system, roads under private ownership, and health hazards.

Commissioner Scarborough requested permission for he and Ms. Busacca to meet with Congressman Weldon to discuss the health and environmental problems.

Discussion proceeded on solutions through DEP and EPA, need to focus on central sewer system, increased costs, defining the problem, MSBU option, mechanism to verify income levels, CDBG funding, failure of rent voucher programs, addressing problems individually and putting liens on properties, signs advising of requirements for building permits, and advising residents of Board?s intent to enforce Code.

Commissioner Cook advised this will provide another access, and will improve the traffic situation. County Surveyor Beverly Sutphin advised this will allow relocation of the access further to the south, reducing the traffic impact to the child care center to the north of the property. Commissioner Cook inquired if this would create another cut on Wickham Road; with Ms. Sutphin responding affirmatively.

Fred Spiegel advised there is already another cut; the Planning Department recommended he take the requested action; and it is beneficial to everyone to do this.

Commissioner Cook inquired if this would have impact on the 40-foot buffer. Mr. Spiegel responded no; and advised of his efforts to be cooperative.

Commissioner Voltz inquired about the problems outlined in the letter in the packet. Commissioner Cook explained about the buffer. Mr. Spiegel emphasized there are no new curb cuts, and the primary access will be to the south, which will benefit the child care center and other residential developments.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution vacating right-of-way in Indian River Groves and Gardens as petitioned by Spiegel Lease Corporation. Motion carried and ordered unanimously.

County Manager Tom Jenkins requested the item be continued to allow staff time to get the information requested by the Board.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to table consideration of Emergency Welfare Assistance Program Repayment Agreement and Reports until May 27, 1997 to obtain information from the State on the Temporary Assistance Program. Motion carried and ordered unanimously.

Judge Johnston requested the Board consider a $3 criminal court cost for the use and benefit of the Juvenile Assessment Center; advised the money will be held by the Clerk?s Office, and will be used at the discretion of the Sheriff for the exclusive operation of the Juvenile Assessment Center. He commended the Board and staff for their cooperation, and Commissioner O?Brien for his suggestion about locating property at Viera.

Discussion ensued on donation of property, public input, whether a Butler building would be acceptable, space in the Sarno facility, proximity to Justice Center, debate on location, and contacting The Viera Company.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to direct staff to prepare an ordinance enacting a $3.00 criminal court cost to fund the Juvenile Assessment Center pursuant to Florida Statute 775.0833, and advertise it for public hearing. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to grant permission to advertise a public hearing for May 27, 1997 to consider an ordinance amending the Subdivision and Site Plan provisions of the Brevard County Code. Motion carried and ordered unanimously.

Community Development Administrator Peggy Busacca advised of the history of the Canaveral Groves area, activities of the County to assist residents to come into compliance, and provision of service by electric and telephone companies. She noted a small percentage of the people who moved to the area prior to 1995 have come into compliance, but a larger percentage of new residents are not in compliance. She distributed information compiled by Leadership Brevard.

Commissioner Scarborough noted the low incomes; advised there is a lack of finances to upgrade; and it is a social problem as well as a regulatory problem.

Dick Gregory suggested forming an MSBU for road maintenance and drainage.

Discussion ensued on the number of new structures, not wanting to go into public housing, moving to concept of freedom of choice, rent slips, how to meet basic needs, ability to use State and local funding to develop sewer system, roads under private ownership, and health hazards.

Commissioner Scarborough requested permission for he and Ms. Busacca to meet with Congressman Weldon to discuss the health and environmental problems.

Discussion proceeded on solutions through DEP and EPA, need to focus on central sewer system, increased costs, defining the problem, MSBU option, mechanism to verify income levels, CDBG funding, failure of rent voucher programs, addressing problems individually and putting liens on properties, signs advising of requirements for building permits, and advising residents of Board?s intent to enforce Code.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to direct staff to notify property owners in West Canaveral Groves, by postcard of the County?s intent to enforce the laws to bring development into compliance.

Discussion resumed on informing people of requirements, problems with people buying through Contract for Deed, and ways of putting people on notice.

Mr. Gregory stated he sells the property; and the people are advised of the regulations; however, the people do not have the money to comply.

Discussion ensued on variances, rezoning to ARR, and need for grant for septic tanks.

Jim Reynolds advised out-of-state sellers are unfamiliar with regulations; and septic tanks are expensive. He advised of dumping of sewage, effect of dumping on wells, how people used to live in West Canaveral Groves, and need for assistance and fire hydrants.

Commissioner Cook amended the motion to include direction to post a sign in the area advising of the intent to enforce the laws. Commissioner Higgs accepted the amendment.

Commissioner Cook advised of the need for a uniform solution.

Discussion ensued on making people abandon property, health and safety issues, inability of residents to comply, cost to remove people from their homes and find other housing, designating target area, enforcement, funds for assistance, living within your means, and other available options.

Commissioner Scarborough emphasized his desire to bring the properties in compliance without ejecting the residents from their properties. Commissioner Cook recommended finding out what programs are available to assist the residents.

County Manager Tom Jenkins advised staff will prepare a list of options for funding to provide solutions.

Commissioner Higgs recommended staff do whatever is necessary to designate this area as a target area.

Chairman O?Brien called for a vote on the motion to notify property owners, through postcard or other means including signage, that all laws and regulations will be enforced, and the County will do everything possible to attempt to assist those with financial needs to come into compliance. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct staff to take whatever actions are necessary to designate the West Canaveral Groves area as a target area for assistance, and report to the Board within 30 days with options. Motion carried and ordered unanimously.

The Board recessed at 10:51 a.m. and reconvened at 11:11 a.m.

Discussion ensued on joint meeting between Port St. John Dependent Special District Advisory Board and Titusville-Cocoa Airport, Commissioner Scarborough attending meeting, and willingness of the Airport Authority to meet.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve a joint meeting of the Port St. John Dependent Special District Advisory Board and the Titusville-Cocoa Airport Authority to discuss issues of joint interest, if such meeting is acceptable to the Titusville-Cocoa Airport Authority; and authorize Commissioner Scarborough to attend the meeting, if possible. Motion carried and ordered unanimously.

Joyce Grant, representing Association for Children for Enforcement of Support, updated the Board on the performance of the Task Force and improvement in collection of child support. She explained her request for support and endorsement of the proposed report, "Improving Child Support Communication, Understanding, Service and Collections." She advised of child support enforcement statistics, lack of parental accountability, need to access information, report based on information from the Department of Revenue, and developing strategy to address problems.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to endorse collection of data and access to records for completion of report, "Improving Child Support Communication, Understanding, Service and Collections."

Discussion ensued on the Task Force, developing an approach to the problem, Florida?s position as 48th in child support enforcement, the County?s position as first in the State in enforcement, legislative remedies, and changing attitudes.

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

Chairman O?Brien suggested putting something in the legislative package about child support; with Commissioner Cook requesting the Task Force make recommendations.

J. Denning spoke in opposition to the closing of the east end of Broadway Boulevard; and Jim Quinlivan submitted a letter in opposition. Bud Wheeler, Sidney Warren, and Jimmy Allison spoke in favor of closing the east end of Broadway Boulevard.

Commissioner Scarborough advised of staff comments; and stated the area has become a public nuisance.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve closing the east end of Broadway Boulevard next to the waters edge on the west side of the Indian River to vehicular traffic. Motion carried and ordered unanimously.

Commissioner Cook inquired if the subdivision is contiguous to other homes. Land Development Specialist Gwen Heller advised of the location of Subdivision F in Suntree North, Phase III; and stated to her knowledge, it is not contiguous.

Kay Blahauvietz, representing Suntree Partners, advised the subdivision is separated from other subdivisions by wetlands.

Ms. Heller advised the six-inch reduction in setback will not adversely impact surrounding areas.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to grant final engineering approval for Subdivision F, Suntree North, Phase III, subject to minor engineering changes as applicable; and approve six-inch reduction of the setback from the non-zero lot line side of each lot in the Subdivision. Motion carried and ordered unanimously.

Commissioner Cook advised the County subsidizes Country Acres Parental Home; but if there was a mental health component, grant money would be available. He inquired what is the subsidy; with Housing and Human Services Director Bernice Jackson responding $450,000. Commissioner Cook requested staff investigate possible grant funding. County Manager Tom Jenkins advised staff will be happy to investigate. Commissioner Scarborough requested the Country Acres Advisory Board comment. Chairman O?Brien inquired about Fund 0220; with Ms. Jackson outlining what is covered by that Fund. Commissioner Cook advised there are independent not-for-profit groups that provide this type of care which might be interested in taking over. Commissioner Scarborough explained the type of clientele served by Country Acres; and recommended caution in having another program take over.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to direct staff to investigate other options for provision of shelter services or funding for Country Acres including the possibility of acquiring grant funding under the mental health component, and report to the Board; and refer the issue to the Country Acres Advisory Board for comment. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to execute Application for a license to operate a child care agency for Country Acres Parental Home; and authorize the Chairman to execute any necessary amendments or addenda contingent upon approval by the County Attorney and Risk Management. Motion carried and ordered unanimously.

Commissioner Voltz advised of the possibility that more money will be needed in three years; and suggested increases be done in smaller increments so there is not a major impact in three years.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve new positions for the Suntree/Viera Library, of one new full-time position as Supervisor I, two part-time positions as Staff Assistants I at 20 hours per week, and one part-time Custodial Worker at 15 hours per week. Motion carried and ordered unanimously.

Commissioner Cook read aloud Sections F and G under Article XIV, Standard Conditions; and recommended those provisions be included in all County contracts.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to execute Modification to FY 1996-97 Emergency Management Preparedness and Assistance Base Grant Agreement, adding two conditions to Article XIV; and direct that Standard Conditions F and G be included in all contracts and agreements of the County. Motion carried and ordered unanimously.

Commissioner Cook advised the Agenda Report shows a balance in the Sheriff?s Law Enforcement Trust Fund of $477,000; however, the Budget Office advises the balance is $556,000. Mike Abels, representing Sheriff Williams, explained the discrepancy is due to the Sheriff making adjustments which have not yet been made by the Budget Office; and a reconciliation can be done. Commissioner Cook inquired if the appropriation is for one-time expenditures; with Mr. Abels responding affirmatively.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to authorize appropriation of $195,740 from the Sheriff?s Law Enforcement Trust Fund for the purchase of specialized law enforcement equipment and training, upon reconciliation of the $477,615.91 fund balance shown on the Agenda Report and the $556,000 fund balance reported by the Budget Department. Motion carried and ordered unanimously.

Commissioner Voltz advised she does not like Agenda items which have options on the Consent Agenda.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to grant permission for Assistant Public Works Director Ed Washburn or his designee to attend mediations for Brevard County v. Dairy Road, Brevard County v. Fountain or Brevard County v. Canaveral Properties, and make staff recommendations on settlement to the Board of County Commissioners. Motion carried and ordered unanimously.

Commissioner Cook inquired about bills on pages 66, 67, 69, 71 and 72 for travel to and from Viera at $80 an hour. County Attorney Scott Knox advised the original bill was for $6,335; $3,152 was approved; and the reduction was due to an adjustment on the travel.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve Bills, as submitted. Motion carried and ordered unanimously.

Chairman O?Brien advised earlier the Board authorized sending a letter to the Speaker of the House expressing appreciation for the appropriation for the Juvenile Justice Center, and requested permission to also send a letter of appreciation to the Senate President.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorize sending a letter of appreciation to Senate President Toni Jennings. Motion carried and ordered unanimously.

Upon motion and vote, the meeting adjourned at 12:06 p.m.

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ATTEST: RANDY O?BRIEN, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

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SANDY CRAWFORD, CLERK

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