The Board of County Commissioners of Brevard County, Florida, met in regular session on October 8, 1996, at 5:30 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Mark Cook, Commissioners Truman Scarborough, Randy O?Brien, Nancy Higgs, and Scott Ellis, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Father Richard Pobjecky, St. Gabriel?s Episcopal Church, Titusville, Florida.

Commissioner Ellis led the assembly in the Pledge of Allegiance.

REPORTS, RE: FACILITIES FOR FRIENDS TO FRIENDS

Commissioner Scarborough advised a personal appearance has been added to the Agenda from Friends of Friends, a group that feeds the poor and provides outreach services; Francine Haynes was unable to make the meeting; and recommended staff meet with the group to discuss facilities.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to direct the Parks and Recreation Director and Facilities Management Director to meet with Francine Haynes, Friends to Friends, regarding possible use of County facilities. Motion carried and ordered unanimously.

DISCUSSION, RE: FUNDS TO PURCHASE CANAL DREDGING EQUIPMENT

Commissioner O?Brien advised the Board put a priority list together for FIND grants; at the top of the list was to purchase a dredge to be used Countywide; FIND split the grant between Kennedy Point Park and the dredge at $115,000 each; and the money for the dredge is insufficient. He stated the Board was specific in its recommendations to FIND that the No. 1 priority was to purchase a dredge; and recommended the Board authorize the Chairman to send a letter to FIND expressing consternation at the specific direction for the grant and asking it to revisit its findings.

Commissioner Ellis suggested Mr. Jenkins look for a fall back position from the General Fund or MSTU?s because the acquisition of the dredge is critical given the problems the County has with its waterways.

Commissioner Scarborough stated the County spent more for the land at Kennedy Point Park than any other land along the intercostal waterway; the project has been sitting around for over nine years; it is permitted and ready to go; and if the money is transferred out, it will further delay the project. He stated it is an area that will alleviate some of the problems with launching of clam boats in Port St. John; so he cannot support a motion to take the money from the Park.

Discussion ensued on canals that have not been dredged for years, damage to boats, severe problems in Crane Creek, Turkey Creek, and Kennedy Point Park, other funding sources, and use of MSTU and General Funds.

Commissioner O?Brien advised of past set asides of 5% in District 2 MSTU to generate funds for dredging; noted there is only $220,000 after all those years; and he plans to increase it to 15% to triple the money going in every year and allow the operation of a dredge in District 2. Chairman Cook stated if it is bought, it will be used Countywide. Discussion continued on the shortage of funds to purchase a crane, and not taking funds from Kennedy Point Park.

Commissioner Higgs recommended the Board schedule the item on a regular Agenda for the next meeting and direct staff to see what options are available to meet the needs and not jeopardize FIND funds in the future by going back to FIND. Commissioner O?Brien stated the Board was specific as to what it wanted to accomplish. Commissioner Higgs advised FIND is a separate agency and may have looked at the recommendations differently.

The Board instructed the County Manager to investigate using MSTU and General Fund monies to purchase canal dredging equipment and other funding options that may be available, such as St. Johns River Water Management District, and schedule it on the Agenda at a future meeting.

RESOLUTION, RE: COMMISSION ON THE STATUS OF WOMEN SEMINAR DAY

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution proclaiming October 12, 1996, as Brevard County Commission on The Status of Women Using Your Power Seminar Day in Brevard County in recognition of the dedication and investment of time and effort by the Commission. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: 96B COMPREHENSIVE PLAN AMENDMENTS FOR TRANSMITTAL

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to continue the public hearing on the 96B Comprehensive Plan Amendments for transmittal until October 28, 1996, and the schedule it as the first item. Motion carried and ordered unanimously.

PERSONAL APPEARANCES - 4-H CLUB REPRESENTATIVES, RE: RESOLUTION PROCLAIMING NATIONAL 4-H CLUB WEEK

Commissioner Ellis read aloud a Resolution proclaiming October 6 through 12, 1996 as National 4-H Club Week in Brevard County, and presented the Resolution to Leslie Ward, Heidi Edwards, Carey Burkett and Dallas Porter.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to adopt Resolution proclaiming October 6 through 12, 1996, as National 4-H Club Week in Brevard County. Motion carried and ordered unanimously.

The 4-H Club representatives expressed appreciation to the Board for supporting 4-H, and presented a cake to the Board.

PERSONAL APPEARANCE - KATHY BEDSOLE, RE: RESOLUTION PROCLAIMING NATIONAL PHARMACY WEEK

Commissioner O?Brien read aloud a Resolution proclaiming October 20 through 26, 1996, as National Pharmacy Week in Brevard County; and presented the Resolution to Kathy Bedsole.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to adopt Resolution proclaiming October 20 through 26, 1996 as National Pharmacy Week in Brevard County. Motion carried and ordered unanimously.

Kathy Bedsole thanked the Board for recognizing pharmacists as members of the health team, and suggested everyone carefully select their pharmacists who are as important as a physician.

LEASE AGREEMENT WITH INTERCHANGE SQUARE, RE: OFFICE SPACE FOR TAX COLLECTOR AND SUPERVISOR OF ELECTIONS

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to execute Lease Agreement with Interchange Square for office space for the Tax Collector and Supervisor of Elections in Palm Bay at $9.00 a square foot. Motion carried and ordered unanimously.

REMOVE FROM INVENTORY AND AUTHORIZE PUBLIC SALE, RE: SURPLUS VEHICLES AND MISCELLANEOUS EQUIPMENT

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to approve removal of surplus vehicles and miscellaneous equipment from the County?s Inventory, and authorize public sale, with Property Control rejecting or accepting high bids using its experience from previous sales. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS

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

DISCUSSION, RE: ORDINANCE TO EXEMPT BREVARD COUNTY FROM BICYCLE HELMET LAW

Michael Bouvier advised of his emergency medical experience working with head and other injuries as a result of bicycle accidents; noted his specialty is trauma physics; and opposed exempting Brevard County from the bicycle helmet law.

Dawn Jones, representing Gemini Elementary PTA, advised she is a registered nurse and of her experiences treating injuries resulting from bicycle accidents; and stated many parents are not against the helmet law, high risk groups are teenagers, and removing Brevard County from the helmet law will hold the Board responsible for future injuries.

Kim Gilmore advised her mother was involved in a car/bicycle accident which severely injured a boy who was not wearing a helmet; her children do not want to wear helmets, but said they would wear them if it was a law; and urged the Board to leave the law the way it is.

Johnnie Naumann, representing the Epilepsy Association, advised of her experiences with head injuries that caused seizures; and requested the Board apply the enforcement of the bicycle helmet law to all age groups delineated in the Statute.

Dorn Williamson advised of her experience as a survivor of a bicycle accident; stated Florida has one of the highest rates of injuries and fatalities among children due to bicycle accidents; presented brochures to the Board; and supported keeping the bicycle helmet law.

Joyce Parten, Principal of Gemini Elementary School, advised if the bicycle helmet law is enforced in Brevard County, it could turn around the number of head injuries; parents support the law; the Florida PTA supports the law; and encouraged the Board to leave it on the books for at least a year.

David White stated he had an accident and was prevented from injuries because of his helmet; everyone thinks children should wear helmets; but that is not the issue; the issue is government intervention in private lives, and the medical and insurance costs that must be borne; but there must be a way to do something about it or the costs will be astronomical.

Martin Lamb advised the problem he has with the law is it could make his children criminals; the job can be done with education; and more children are wearing helmets today.

Commissioner O?Brien advised he talked to a lot of people; they want parental control and the responsibility to teach their children responsible behavior; and the death rate from bicycle accidents is zero in Brevard County, and only two over 20 years. He advised of the number of drowning deaths; and inquired if all children will be required to wear life saving gear.

Commissioner Higgs stated it is a good law and the Board should follow the Legislature and not eliminate it in Brevard County.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Option 1, do nothing and accept the application of the bicycle helmet law to the age groups delineated in the statute.

Chairman Cook stated it is not the role of Government and is a parental responsibility; and read a letter from an elementary school teacher with three children who was appalled by the law and stating she and her husband will decide if their children should wear helmets rather than have another intrusion into their lives. He stated he talked to constituents and got the same results; it is an intrusion into the parental responsibility; and the right thing to do is accomplish it by education not government mandates.

Commissioner Scarborough advised helmets reduce risk of brain injuries, and $380,000,000 is spent for brain injuries in the State, not only for children.

Discussion ensued on the time limit to pass a law, different age groups, option to opt out, cost of helmets, eliminating teenagers from the ordinance, seat belt laws, law enforcement, role of government, numerous dangers, parental responsibility, report on injuries and deaths, educational approach, community service by young children, and lack of statistics to support a helmet law.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to amend the motion and direct the County Attorney to prepare an ordinance that would authorize application of the bicycle helmet law to Brevard County children under 13 years of age.

Chairman Cook inquired if the ordinance would come back at a public hearing; with County Attorney Scott Knox responding yes.

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

Commissioner Scarborough recommended draft copies of the ordinance be sent to the cities; with Commissioner Higgs responding the Board adopted a policy to send copies of ordinances that affect cities to those cities. Commissioner Ellis recommended it not be made applicable to cities. Mr. Knox stated the law allows counties to opt out and cities can adopt the State law.

DISCUSSION, RE: RESIDENTIAL FENCE HEIGHT

Commissioner Ellis stated if people want a six-foot fence, they should be able to do that.

Brad Sinclair advised he tried to get a fence for the safety of his daughter and was turned down, so he wrote to Commissioner Ellis to find out if there was a mechanism that would allow homeowners to have six-foot fences in their front yards. He stated he does not feel safe with his children in the front yard; people could reach over the fence and grab them; there are pit bulldogs in the area; society was safer when the Ordinance was adopted in 1958; and some people have six-foot fences, which is okay if nobody complains, but when he tried to do it, they complained.

Commissioner Ellis suggested someone handle the requests for fences administratively. He stated the Board of Adjustment has swimming pools in easements, so the Board could change the Ordinance to provide for persons who want six-foot fences to apply for them, and if denied, have an appeal to this Board.

Commissioner O?Brien inquired if the Board can direct the Board of Adjustment about the fence issue; with County Attorney Scott Knox responding it could tell the Board of Adjustment how it feels, but that Board will do what it wants to do.

Chairman Cook recommended staff look at options with permission from neighbors and not devalue property. Commissioner Higgs suggested options such as a CUP, and bring it back to the Board.

Discussion ensued on aesthetics, air circulation, fence may be requested because of neighbors, application for a CUP, lot size, and allowing it in certain areas.

Motion by Commissioner O?Brien, seconded by Commissioner Ellis, to direct staff to return with recommendations on how to solve the problem with residential fence heights of more than four feet in front yards, and notify the Sinclairs when the report will be brought back to the Board. Motion carried and ordered unanimously.

The meeting recessed at 6:53 p.m., and reconvened at 7:08 p.m.

AMENDMENT TO AGREEMENT WITH TEMPORARY LIVING CENTER, RE: DRUG AND ALCOHOL TREATMENT OF DEPARTMENT OF CORRECTIONS CLIENTS

Chairman Cook advised it is a violation of federal laws to mention the names of persons in the facility; and requested all speakers be sure they do not go beyond the scope of the issues and mention names of the people in the Temporary Living Center.

Commissioner Higgs advised the citizens of Valkaria brought the issue to her attention regarding the lease for the Temporary Living Center which has operated as Broken Glass; there are representatives on each side here; there is a lot of support for the program as it has done a tremendous service; however, the issue is the appropriateness of the facility at that location.

Eric Jones, President of Temporary Living Center, Kathy Turner, Executive Director for Temporary Living Center (TLC), Karen Franheim, Ida Miller, Warren Bromley, Linda Hites, Program Director for TLC, Emily Gibson, Substance Abuse Counselor, Barbara Dillabough, Ginger Martling, Coalition for the Hungry and Homeless, Paul Rosbury, Life Center for America, Bill Clifton, Richard Green, Larry Jones, Joseph Regan, Daniel Flarerty, and Phil Gerace addressed the Board in support of the Temporary Living Center, and advised of how the agency merged with Broken Glass, the services provided that help clients become productive citizens in society, their experiences, misrepresentation of increased crime in the area, funding, and why they went with Department of Corrections when Health and Rehabilitative Services cut their funding.

Charles Nash, representing VARIA, Chris Gast, Ken Gast, Jeani Vanover, Dellrie Humphrey, Clay Hunter, Jim and MaryAnn Finley, Lynn Keisler, Gerald Keisler, Bill Hall, Town of Malabar Administrator, Janis Walters, Johnnie Wimpee, representing VARIA, Everett Clark, Barbara Klingler, Colin Willacy, Rob Bolton and Curt Lorenc addressed the Board opposed to the location of TLC in their neighborhood; advised of their fears, lack of security, types of clients, impact on property values, increase in crime, and broken trust; and requested the Board terminate the lease and/or relocate the facility.

Glen Casel, representing Health and Rehabilitative Services, advised of the laws, funding situations, and the State?s willlingness to assist where possible.

The meeting recessed at 8:22 p.m. and reconvened at 8:42 p.m.

Chairman Cook advised it is a great program; there are concerns of having the facility in a residential neighborhood; there may be other places in the County such as Sharpes where the County owns property; and staff could look at the funding from Department of Corrections to relocate TLC.

Commissioner Scarborough inquired if staff had any suggestions; with County Manager Tom Jenkins responding there may be funding from CDBG to continue the program.

Commissioner Ellis recommended the Board make a decision so the residents and TLC know in advance what its intent is.

Commissioner Higgs stated there is tremendous support for the program; she recognizes the need for treatment of addicts and facilities for people who come out of jail; the Board has supported Broken Glass; but the program is now inconsistent with the neighborhood. She recommended staff be given 60 days to find a new facility; Health and Rehabilitative Services may have financial support; and staff could look at pooling other programs together to continue to provide the services provided by TLC in another location.

Commissioner O?Brien advised there are 48 not-for-profit organizations in Brevard County; and inquired why is the County bound to offer free property for this program or any other program. He stated they are not volunteers and are paid for their services.

Discussion ensued on relocating to Sharpes, other alternative sites, not locating in residential neighborhoods, costs involved, intent of the Board, land swap if necessary, and time certain.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct staff to work with various agencies and TLC to find a suitable location for the Temporary Living Center to operate, and report back to the Board in two weeks.

Discussion continued on duplicate programs, type of services provided, expiration of the lease on September 30, 1998 and not April, 1997, and termination of the lease with 60 days notice.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to table the Amendment to Agreement with Temporary Living Center until the Board has a report from staff. Motion carried and ordered; Commissioners Higgs and Ellis voted nay.

Commissioner O?Brien recommended the County Attorney look into the conditional use permit for a group home.

PUBLIC COMMENTS - TIM FLACK, RE: CODE VIOLATIONS

Tim Flack advised he is being taken back to court on violation of an Order signed by a Judge, but has not been in the County since June, 1996; he is involved in a neighborhood conspiracy with three families; and the man informed him he would not rest until he was out of his life and neighborhood. He stated he has been out of business, and has not violated the Court Order; he tried to speak with Mr. Knox; Assistant County Attorney Christine Lepore has been the crusader for the people in the neighborhood; Code Enforcement has been to his home; and he just wants to live and be left alone.

Commissioner Ellis inquired what is at the home; with Mr. Flack responding nothing and he has not been there, but is being taken back to court for running a business from his home. Commissioner Ellis inquired who is taking him to court; with Mr. Flack responding the County Attorney. Commissioner Ellis inquired on what grounds; with County Attorney Scott Knox responding doing work in violation of the Court Order. Mr. Knox advised he asked Mr. Flack to call him, and he has yet to do it. Mr. Flack stated he called Mr. Knox several times. Commissioner Ellis recommended Mr. Flack meet with Mr. Knox to find out the basis of what is going on.

Chairman Cook stated if it is a neighborhood complaint, he is against using the County Attorney to drag Mr. Flack into court.

Commissioner Ellis recommended the case be held in abeyance and the County Attorney return to the Board with a report.

Gerald Ulmer advised Mr. Flack was told he can only drive two vehicles to his home; he and his wife needed a place to stay and pulled up at 10:30 p.m. at Mr. Flack?s home; and a lady took pictures of his license plate, car, and him. He stated he worked on his lawn, and people took pictures and hollered obscenities; and he would swear that Mr. Flack was in New York for several months and was not been doing business out of his house.

Commissioner Ellis advised he asked Mr. Flack several times to put everything in writing. Mr. Ulmer stated what is going on in the neighborhood is unbelievable.

Mary Ann Armentrout stated she cannot believe what is going on in Mr. Flack?s neighborhood; he is out of business because of the harassment; and it scares her to think that neighbors can get together and take a person to court with the help of the County Attorney. She stated she is impressed that the Board will check into it.

The Board instructed the County Attorney to return with a report on October 10, 1996, on why Tim Flack is being taken back to Court and if it was a Code Enforcement Officer?s complaint or a resident?s complaint.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 10:22 p.m.

MARK COOK, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

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