The Board of County Commissioners of Brevard County, Florida, met in regular session on November 4, 1997, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Vice Chairman Helen Voltz, Commissioners Truman Scarborough, Nancy Higgs, and Mark Cook, County Manager Tom Jenkins, and County Attorney Scott Knox. Absent was: Chairman Randy O'Brien who was recuperating from surgery.

The Invocation was given by Ritual Leader John Goldring, Congregation Beth El, Barefoot Bay, Florida.

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

REPORT, RE: CHRISTMAS HOLIDAYS

Commissioner Scarborough advised Christmas is on Thursday; in the past the Board has allowed employees to have a four-day holiday; and it does not cost any more to give them that Friday off.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve December 26, 1997 as a holiday.

Commissioner Cook stated it costs money because they will not take annual leave for that day. He stated there is not a lot going on, but there is paper work to do and things that can be accomplished. Vice Chairman Voltz noted most companies give their employees time off especially it if is a Friday. Commissioner Scarborough stated there are employees who do not take all their annual leave; and it will give them more time with their families. Commissioner Cook stated it is playing Santa with someone else's money and he would prefer to give them Christmas Eve off. Vice Chairman Voltz recommended the day after Christmas which is the biggest shopping day. Commissioner Higgs noted it helps economic development.

Vice Chairman Voltz called for a vote on the motion. Motion carried and ordered; Commissioner Cook voted nay.

REPORT, RE: GRANT HISTORICAL SOCIETY APPLICATION

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize the Vice Chairman to sign a grant application for the Grant Historical Society. Motion carried and ordered unanimously.

REPORT, RE: CANVASSING BOARD

Commissioner Cook advised he is on the Canvassing Board and will have to meet at 1:00 p.m. today.

APPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to reappoint Roger Dobson, 215 Baytree Drive, Suite 1, Melbourne, 32940, to the Tourist Development Council for the at-large seat with term expiring November 3, 2001; and to appoint Ron Pritchard, 495 Mohawk Trail, Merritt Island, 32953, to the Citizen Budget Review Committee as the District 2 representative. Motion carried and ordered unanimously.

REPORT, RE: COUNTY PICNIC

Vice Chairman Voltz expressed appreciation to the County staff who worked so hard to serve at the County picnic and clean up afterwards.

ROD SMITH, BREVARD VETERANS COUNCIL CHAIRMAN, RE: RESOLUTION PROCLAIMING BREVARD VETERANS RECOGNITION DAY

Commissioner Cook read aloud a resolution proclaiming Brevard Veterans Recognition Day.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution proclaiming November 11, 1997, as Brevard Veterans Recognition Day. Motion carried and ordered unanimously.

Rod Smith thanked the Board for honoring the veterans and invited the Board to joint the veterans at Brevard Community College at 3:00 p.m. for their ceremony. Commissioner Cook presented the Resolution to Mr. Smith.

NANCY MELLOR, RE: RESOLUTION PROCLAIMING BREVARD RECYCLES MONTH

Commissioner Higgs read aloud a resolution proclaiming Brevard Recycles Month.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution proclaiming November, 1997, as Brevard Recycles Month. Motion carried and ordered unanimously.

Vice Chairman Voltz advised they gave recycling awards to some Brevard County Schools, and some of the posters were tremendous. Recycling Coordinator Nancy Mellor advised they received more posters than ever before; Solid Waste Management has a display and prizes in the lobby; and it is National America Recycles Day. She stated they will be at the post offices and libraries through the month of November.

Commissioner Higgs presented the Resolution to Ms. Mellor.

CAROL HAMILTON BEEBE, EXECUTIVE DIRECTOR OF SPACE COAST SENIOR GAMES, INC., RE: RESOLUTION PROCLAIMING SPACE COAST SENIOR GAMES WEEK

Vice Chairman Voltz read aloud a resolution proclaiming Space Coast Senior Games Week in Brevard County.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution proclaiming November 15-23, 1997, as Space Coast Senior Games Week in Brevard County. Motion carried and ordered unanimously.

Carol Hamilton Beebe thanked the Board for the resolution, and introduced a small group of directors of the events who worked hard to bring the Games to fruition.

SUE HANN, RE: COMMENDATION RESOLUTION

Vice Chairman Voltz read aloud a resolution commending Sue Hann for her outstanding contributions to Brevard County. She stated Ms. Hann accepted a job as Public Works Director for the City of Palm Bay.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution commending Sue Hann, Growth Management Director, for her outstanding contributions while employed with Brevard County. Motion carried and ordered unanimously.

Ms. Hann thanked the Board for the opportunities afforded her; stated she enjoyed her career due to her staff and working with great people; and she hopes to work with the County in the future.

PROJECT RESPONSE, RE: RESOLUTION DECLARING WORLD AIDS DAY

Commissioner Higgs read aloud a Resolution declaring World AIDS Day in Brevard County.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution proclaiming December 1, 1997, as World AIDS Day in Brevard County. Motion carried and ordered unanimously. Randy Sprayberry, Director of Project Response, accepted the resolution; expressed appreciation to the Board; and invited all members and residents to attend their activity at Our Lady of Lourdes Church in Melbourne. Commissioner Higgs presented the Resolution to Mr. Sprayberry.

REQUEST TO WAIVE FEES, RE: BUILDING ADDITION TO RESURRECTION RANCH MINISTRIES

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to waive all fees that can legally be waived for the building addition to the Resurrection Ranch located on U.S. 1 to add a women's dormitory expansion, classroom addition, and bathroom in the men's dormitory. Motion carried and ordered unanimously.

APPROVAL, RE: TRANSPORTATION IMPACT FEE TECHNICAL ADVISORY COMMITTEE RECOMMENDATIONS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve the Transportation Impact Fee Technical Advisory Committee's recommendations for Benefit Districts 1 through 8; approve Budget Change Requests; and authorize the Chairman to execute Disbursement Agreements with the Cities of Cocoa, Indian Harbour Beach, Rockledge, West Melbourne, and Town of Malabar. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF MELBOURNE, RE: SHELL WOOD DRIVE WATER MSBU PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Interlocal Agreement with City of Melbourne for construction of a potable water system in the Shell Drive Water Municipal Service Benefit Unit (MSBU) project. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF COCOA, RE: SELLERS LANE WATER MSBU PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Agreement with City of Cocoa for construction and installation of a potable water system in Sellers Lane Water Municipal Service Benefit Unit (MSBU) project. Motion carried and ordered unanimously.

AGREEMENT WITH JUMBALAYA JAM, INC., RE: USE OF WICKHAM PARK MAIN PAVILION AREA

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Agreement with Jumbalaya Jam, Inc. for use of Wickham Park Main Pavilion area for its annual Jumbalaya Jam during the period December 1, 1997 to November 30, 2002. Motion carried and ordered unanimously.

APPROVAL OF CARETAKERS RESIDING IN COUNTY RESIDENCES, AND AUTHORIZE PARKS AND RECREATION DIRECTOR TO EXECUTE AGREEMENTS, RE: MANATEE AND FOX LAKE PARKS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve the services of caretakers residing in County-owned residences at Manatee Hammock and Fox Lake Parks in lieu of rent; and authorize Parks and Recreation Director to sign agreements on behalf of the Board with the caretakers. Motion carried and ordered unanimously.

RESOLUTION AND JOINT PARTICIPATION AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION, RE: COMMUTER ASSISTANCE GRANT

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution and execute Joint Participation Agreement with Florida Department of Transportation for $65,000 to provide the Commuter Assistance Service from December 1, 1997 through December 31, 1998; and authorize the Chairman to execute follow-up documents upon the County Attorney and Risk Management's approval. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 AND FINAL PAYMENT TO GRINER'S PIPELINE SERVICES, RE: REHABILITATION OF GRAVITY SEWER LINES, PROJECT 5

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Change Order No. 1 to Agreement with Griner's Pipeline Services, Inc. for rehabilitation of gravity sewer lines, Project 5, increasing contract price by $6,201.60 for quantity adjustments of bid items; and approve final payment to the contractor. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 AND FINAL PAYMENT TO COASTAL CONSTRUCTION OF BREVARD, INC., RE: NORTH COURTENAY PARKWAY REUSE LINE EXTENSION

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Change Order No. 1 to Agreement with Coastal Construction of Brevard, Inc. for North Courtenay Parkway Reuse Line Extension, decreasing contract price by $5,396 for quantify adjustments; and approve final payment to the contractor. Motion carried and ordered unanimously.

AGREEMENT WITH BREVARD COMMUNITY COLLEGE, RE: RECORDING AND BROADCASTING OF COUNTY COMMISSION MEETINGS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Agreement with Brevard Community College to record and broadcast County Commission meetings from January 1, 1998 through December 31, 1998, budgeted at $18,500. Motion carried and ordered unanimously.

APPROVAL OF POLICY BCC-7, RE: CONSTRUCTION CONTRACTS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Policy BCC-7, Construction Contracts, incorporating recommendations regarding small and medium size construction companies contract administration approved by the Board, merges Policies BCC-7 and BCC-32, reflects organization changes, and incorporates language regarding the County's right to rebid. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: MERIT SYSTEM POLICY

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant permission to advertise a public hearing to consider changes to the Merit System Policy II, Pay Plan. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE, RE: RS6000 CLIENT/SERVER COMPUTER SYSTEM

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve the issuance of a formal quote instead of bid and award the purchase of an RS6000 computer system to the lowest most responsive bidder; and authorize budget transfer from Capital Reserves Fund 5070 to Capital Expenditures for the purchase. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFER

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

PUBLIC HEARING, RE: ORDINANCE ESTABLISHING DISABLED PARKING STANDARDS

Vice Chairman Voltz called for the public hearing to consider an ordinance establishing disabled parking standards; and inquired why is the Board consider the ordinance.

Community Development Services Administrator Peggy Busacca advised the Fair Housing Continuum contacted the County; the Sheriff's Department does not feel comfortable enforcing parking standards as to width, access, etc., and is seeking help to determine if parking spaces are correct; and they said if it is in a local ordinance, then Code Enforcement and Site Plan staff can work with people whose lots are not in compliance to come into compliance. She stated the Sheriff's Department suggested it would be more appropriate for Site Plan and Code Enforcement people to enforce that portion of the Code. Vice Chairman Voltz inquired if it is already a State law; with Ms. Busacca responding yes, and the County is not adding new requirements.

Commissioner Cook inquired if Code Enforcement would enforce it instead of the Sheriff; with Ms. Busacca responding it would be the Site Plan staff who would enforce the width, etc.; and rather than the Sheriff's Department going out and measuring it, they would bring it to staff's attention, and staff would contact the owner and tell them the requirement of the State Code and what they need to do to correct it.

Commissioner Scarborough advised the site plan process would be for new projects; and inquired if the requirements for someone who has an existing parking lot will change; with Ms. Busacca responding the State Code requires all parking spaces to conform no later than October 1, 1997, and current parking spaces must be brought up to standards. Commissioner Scarborough stated the County would then have the burden of enforcing it; and if it is not through a site plan review, it would be a Code violation; with Ms. Busacca responding yes, but staff would not be pro-active. She stated the Fair Housing Continuum did not find an effective mechanism for enforcing this law, and requested the County assist them with it. Commissioner Scarborough stated some people may have configuration problems; existing parking lots may not have capacity to meet the new requirements; the County will be in the middle of reconfiguring parking lots; and recommended the ordinance be deferred for a week.

Commissioner Cook advised it is a State law that could become massive and impact Code Enforcement which already has a full plate; there are parking lots that have existed for 10 and 20 years under one condition that will have to be reconfigured at a cost; and it is a State mandate coming to the local level. He stated the Sheriff has the capacity to enforce it as a State law; and recommended it be deferred for more information. Vice Chairman Voltz recommended the public hearing be continued to December 2, 1997.

Commissioner Scarborough stated developers previously had larger parking spaces because cars were larger; cars have shrunk in size, so the capacity to reconfigure parking lots may exist; and people should be allowed to reconfigure and re-size parking spaces to accommodate the new law, otherwise the County could have a situation where there is no capacity to meet the requirement.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to continue the public hearing on an ordinance establishing disabled parking standards until December 2, 1997. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: AMENDMENT TO VESTED SUBDIVISION PLAN FOR JOHN BARBER

Vice Chairman Voltz called for the public hearing to consider a request from John Barber to amend a vested subdivision plan to reconfigure three non-conforming lots of record located adjacent to the Indian River Lagoon to reduce potential impacts to wetlands that would occur if homes were constructed on the current lot configurations.

Community Development Services Administrator Peggy Busacca requested the public hearing be continued for two weeks to allow staff to get additional information.

Commissioner Higgs advised there are people here regarding the item, and there are questions that were raised in her discussions with the County Attorney's Office and staff that need answers. She recommended the people be allowed to speak before continuing the public hearing.

Teresa Barker read her letter vehemently opposing the proposed amendment, and describing the property, location, surroundings, pathways, creatures on the property, and the abundance of food for the creatures. She noted the former owners, Mr. and Mrs. Smith, now deceased, utilized and protected the fish hatchery, and to amend the subdivision would heavily impact the pristine area. Ms. Barker advised of activities performed by Mr. Barber on his property to clear, fill, level, drain, and dig a channel without permits, and putting a chain across the end of Sea Grape Road to keep people from having access to the water and surrounding area. She advised of two letters from other neighbors in opposition to the amendment; stated the subdivision is only two streets--Sea Grape and River Oaks Roads; and requested the Board help to keep the area beautiful and bountiful.

John Barber advised anything he has done on his property has not been in secret; violations are being handled by Department of Environmental Protection; a lot of false statements have been made; and people do not understand what the request is all about. He stated through vested rights he has the right to build on his land; and the proposal is to lessen impact on the wetlands. He advised of how he obtained the property and why there is opposition; stated the chain was put across the road many years ago by Mr. Smith; and they are reconfiguring the lots to pull the houses away from the water and not fill the mangroves. Mr. Barker advised the proposal was designed by Debbie Coles with Natural Resources Management; Department of Environmental Protection encourages and supports it; and Ms. Barker has called Department of Environmental Protection repeatedly to report his violations. He advised of what he has done to the property, dredging of the canal that was dug in 1955, his meeting with Commissioner Higgs to discuss the road that was not maintained, and the remaining issue of a permit.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to continue the public hearing on a request from John Barber to amend a vested subdivision plan to reconfigure three lots adjacent to the Indian River Lagoon until November 18, 1997. Motion carried and ordered unanimously.

Commissioner Higgs advised she has never been involved in any discussions on the reconfiguration of the property with Mr. Barber or anyone else until the item appeared on the Agenda; they talked about the road issues, but not the configuration of the lots; and she does not want the Board to get the impression she was involved in the plan that is before the Board. She stated there are issues regarding what can be done in terms of replatting, and she wants those clarified. Mr. Barber stated Commissioner Higgs is correct that they discussed the road situation.

PUBLIC HEARING, RE: SERVICE AREA EXPANSION FOR FLORIDA CITIES WATER COMPANY BAREFOOT BAY DIVISION

Vice Chairman Voltz called for the public hearing to consider a request from Florida Cities Water Company, Barefoot Bay Division, to expand its service area to include the proposed development of Crystal Bay.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to approve the request from Florida Cities Water Company, Barefoot Bay Division, to expand its service area to include Crystal Bay comprised of 194 acres. Motion carried and ordered unanimously.

ANIMAL CONTROL'S RESPONSE, RE: ISSUES RAISED BY NELLIE STRICKLAND AND ANIMAL CONTROL'S BUDGET REPORT

Commissioner Higgs advised Nellie Strickland is pleased that the system is working and there is no further action required. Commissioner Scarborough stated Ms. Strickland said she may be here today, but she is happy with what has taken place. Commissioner Cook suggested the Board postpone the item until Ms. Strickland arrives.

APPROVAL OF OPEN PURCHASE ORDER WITH CANAVERAL PORT AUTHORITY, RE: PRELIMINARY ENGINEERING AND DESIGN RELATED WORK FOR BREVARD COUNTY SHORE PROTECTION PROJECT

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve open purchase order with Canaveral Port Authority in the amount of $280,000 for preliminary engineering and design work for the Brevard County Shore Protection Project, and submit work plan to the County Manager or his designee for approval prior to disbursement of funds; and the County Manager or his designee approve payments to Canaveral Port Authority prior to disbursements. Motion carried and ordered unanimously.

PERMISSION TO BID, RE: SCAT 1997 VEHICLE ACQUISITION FOR VANPOOL PROGRAM AND VOLUNTEERS IN MOTION PROGRAM

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant permission to bid the SCAT 1997 vehicle acquisition for the Vanpool and Volunteers in Motion Programs consisting of 25 replacement passenger vans and 15 expansion vans. Motion carried and ordered unanimously.

AUTHORIZATION TO EXECUTE GRANT AGREEMENTS, RE: 1997 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAM

Vice Chairman Voltz advised with this funding, capital improvement projects will be implemented, vacant dilapidated homes will be demolished, public service will be funded for various community activities; first time home buyers will be provided down payment home assistance, and low-income homeowners will be assisted with necessary repairs and rehabilitation to their homes. Commissioner Higgs advised the County will get approximately $3 million of federal funds.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize the County Manager or his designee to execute grant agreements for the 1997 Community Development Block Grant Program and the HOME Investment Partnership Program. Motion carried and ordered unanimously.

RESOLUTION AND JOINT PARTICIPATION AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION, RE: SCAT BLOCK GRANT FUNDS

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution and execute Joint Participation Agreement with Florida Department of Transportation to allow the allocation of $1,235,101 in State funds to SCAT to provide match for a federal grant for the 1998 fiscal year. Motion carried and ordered unanimously.

CHANGE ORDER NO. 3, FINAL PAYMENT, AND RELEASE OF RETAINAGE TO RKT CONSTRUCTORS, INC., RE: MOCKINGBIRD WAY MULCHING FACILITY

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Change Order No. 3 to Agreement with RKT Constructors, Inc. for completion of Mockingbird Way Mulching Facility, increasing contract price by $60,423.09 for numerous items including additional landscaping, irrigation, fencing, signage, roof additions, and final surveying; and authorize final payment and release of retainage to the Contractor. Motion carried and ordered unanimously.

DETERMINATION OF PUBLIC INTEREST, RE: WETLAND IMPACTS AT OAK PARK COMMERCE CENTER

Vice Chairman Voltz advised the applicant proposes to amend the site plan and impact less than 500 square feet of the total wetland that is approximately 0.97 acre in size; and the Water Management District has indicated that the remaining wetland and mitigation will continue to be viable and functional; the owner will provide a 2 to 1 mitigation ratio as compensation for the requested wetland impact. She stated she does not have a problem with the project.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to determine that the Oak Park Commerce Center meets the overriding public interest criteria of the Brevard County Comprehensive Land Use Plan Conservation Element Wetland Policy 5.2.F.2.

Commissioner Cook inquired if once the Board makes an amendment to the Comprehensive Plan and it is accepted by Department of Community Affairs, can the Board implement that; and if so, this type of request should not keep coming back to the Board under the amended Comprehensive Plan. County Attorney Scott Knox advised the County is still operating under the current Comprehensive Plan until Department of Community Affairs approves it; it has been approved, but has not gone through the hearing process yet; and what he talked about previously was the implementing regulations which is different.

Commissioner Higgs stated the County is getting 2 to 1 mitigation, and it will expand the onsite wetland, which is a reasonable course of action and meets her test of what is within the Comprehensive Plan.

Vice Chairman Voltz called for a vote on the motion. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING DRAW OF $530,000 FROM POOLED COMMERCIAL PAPER PROGRAM

County Manager Tom Jenkins advised it was in the Sheriff's budget and the Board proposed if he financed it through this mechanism it would be at a lower cost.

Commissioner Cook advised the Sheriff said he needed to replace the information processor system servers and hard disk system at no additional impact.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution authorizing the borrowing of $530,000 from the Florida Local Government Finance Commission's Tax Exempt Commercial Paper Program for the purpose of financing replacement information process system servers and a hard disk system for the Sheriff's Information Processing System; authorize the Chairman to sign all documents necessary to close the transaction; and authorize the Sheriff to make the budget changes necessary to complete the transaction. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: BUSINESS ASSISTANCE MANUAL "BUSINESS BASICS - A GUIDE FOR NEW BUSINESS IN BREVARD COUNTY"

Commissioner Cook advised the manual is needed and is put together well. County Manager Tom Jenkins advised they will have the manuals on the counter and allow people to pay for them. Commissioner Cook stated the initial idea was not to pay for them. Economic Development Director Greg Lugar advised the option discussed with the Chambers was to help sell the document at counters and have plaques and posters with pictures of the manual and address and phone number to help them market the document Countywide. He noted they are trying to recoup about $10.00 per manual for printing costs. Commissioner Cook expressed concern about selling it on County property. Mr. Jenkins stated Mr. Lugar advised him it was a fund-raising mechanism. Mr. Lugar stated 1,000 manuals of the first edition were printed; and they received a grant from Walmart to defray some up-front costs. Commissioner Cook stated the County should not sell it. Vice Chairman Voltz stated it is good for someone who is going to start a business. Commissioner Scarborough stated it is not in book stores. Mr. Jenkins suggested having a copy of the manual at the counter where people can read it for free, and if they want a copy they can contact the Chambers. Mr. Lugar stated he will talk to the Chambers and return with options.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to acknowledge receipt of the business assistance manual, "Business Basics - A Guide for New Business in Brevard County". Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING COMPETITIVE SALE OF NOT TO EXCEED $21,000,000 SALES TAX REVENUE REFUNDING BONDS, SERIES 1997 FOR THE PURPOSE OF REFINANCING CERTIFICATES OF PARTICIPATION

Financial Advisory Tom Holley advised this is the final action; and SEC requires a collective body deem it final. County Manager Tom Jenkins advised it will shorten the financing by three years and save approximately $8 million. Commissioner Cook stated he thought it was four years; with Mr. Holley responding the markets move and change; the four year is not a full year; and the COP's would be paid off in the year 2014, but this action will reduce the period to the year 2011. Commissioner Cook inquired if the present value savings is 9.43%; with Mr. Jenkins responding yes. Mr. Holley stated that will change a little as the markets move; yesterday's market was not a good bond market, but it was a great stock market.

Commissioner Scarborough stated the $8 million is actual dollars saved; it should be structured so the savings can be used today rather than in the future; the facility will last for many decades; and inquired if there is benefit to the taxpayers today to pay it off rapidly and give the savings to the people in Brevard County in the year 2011. He stated there are people here today who will not benefit, and people moving here in 2011 will benefit; and inquired if the Board is being fair by passing on the savings to people who will be here in the future as opposed to providing a tax reduction for people who are here now.

Commissioner Cook stated the original motion was to pay down the loan; ad valorem millage reduction is possible next year; and this issue was contingent upon paying it off. Commissioner Scarborough stated there are too few people in Animal Control and parks are needed; and this is an avenue to give the savings to the taxpayers today. Commissioner Higgs stated to take the savings along the way or all at the end makes good fiscal sense; she will support it anyway the Board goes; but her preference is to take the savings continually over the next 14 to 16 years as it would be an advantage to the people here today. Commissioner Scarborough inquired how difficult would it be to restructure the issue; with Mr. Holley responding not difficult if done today.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution authorizing competitive sale of not to exceed $21,000,000 Sales Tax Revenue Refunding Bonds, Series 1997 for the purpose of refinancing the certificates of participation, as amended to provide for the savings to be used each year over the life of the issue.

Commissioner Cook stated the greatest savings is to pay down the loan; freeing up the money will give the Board an excuse to spend it, and it would not be used for reduction of taxes; and he cannot support changing the mechanism originally agreed upon to get the greatest savings. Vice Chairman Voltz stated she will not support it either.

Commissioner Scarborough withdrew the motion.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution supplementing Resolution No. 93-431 adopted by the Board of County Commissioners of Brevard County, Florida on November 10, 1993, as supplemented and amended; providing for and authorizing the issuance of its Sales Tax Refunding Revenue Bonds, Series 1997 in the aggregate principal amount of not to exceed $21,000,000 to provide funds for the acquisition of the Brevard County Governmental Operations Center; making certain covenants and agreements in connection therewith; authorizing the Chairman or Vice Chairman of the Board of County Commissioners and the Clerk or Deputy Clerk of the County to award the sale of such bonds based on bids submitted at public sale and approving the conditions and criteria of such sale; specifying the date, interest rates, interest payment dates, provisions for redemption, series designation and maturity schedule of such bonds and establishing a reserve requirement therefor; approving the form of a draft notice of sale, bid form and preliminary official statement; authorizing the circulation of a preliminary official statement; authorizing the execution and delivery of a final official statement with respect to the bonds; designating the bond registrar, paying agent and authenticating agent for said bonds; approving the form and authorizing the execution and delivery of an Escrow Deposit Agreement and appointing an escrow agent thereunder; providing covenants to comply with applicable tax and arbitrage rebate requirements; providing certain covenants for the benefit of the bond insurer as an inducement to issue a municipal bond insurance policy with respect to the bonds; supplementing the original Resolution in certain respects; providing an effective date for this Resolution; and providing certain other details with respect thereto. Motion carried and ordered; Commissioner Scarborough voted nay.

PUBLIC HEARING, RE: ORDINANCE AMENDING AGRICULTURAL RESIDENTIAL ZONING CLASSIFICATION

Chairman Voltz called for the public hearing to consider an ordinance amending the agricultural residential zoning classification to change the uses permitted, permitted uses with conditions, and conditional uses; and requested the public hearing be continued for 30 days.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to continue the public hearing on an ordinance amending the agricultural residential zoning classification to change the uses until December 2, 1997. Motion carried and ordered unanimously.

RESOLUTION, RE: RECOMMENDING SUPPORT SYSTEMS ASSOCIATES, INC. BE APPROVED AS A STATE QUALIFIED TARGET INDUSTRY

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution recommending Support Systems Associates, Inc. be approved as a qualified target industry business, and that the commitment of local financial support for the Qualified Target Industry tax refund program be waived and matched through Brevard County's tax abatement program. Motion carried and ordered unanimously.

PARTIAL RELEASE OF PUBLIC DEFENDER LIEN, RE: FARM & GROVE REALITY vs. MUNRO, STATE OF FLORIDA vs JAMES MUNRO

Motion by Commissioner Higgs, seconded by Commissioner Cook, to release $100 Public Defender lien on property owned by James Munro. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: INTERNAL AUDIT OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM

Commissioner Higgs advised Finding #8 states controls to ensure fulfillment of contractual obligations were insufficient; and the Board asked that contracts incorporate a provision so the County can measure achievements. She stated Finding #6 states CDBG approved ineligible construction modifications for a health and safety grant client's home; the Board received individual grant applications and summaries of work on each house; however, it decided to get them as a package, so she is not sure what is going on. She requested a report for the last two years on each health and safety rehabilitation programs, an itemized list of what is going on, so she can see what the County is doing.

Vice Chairman Voltz inquired if Commissioner Higgs would like a report in 30 or 60 days; with Commissioner Higgs responding 30 days. Commissioner Higgs advised the Clerk does a follow-up audit; this audit goes back to 1995; and suggested the Board request the Clerk to proceed with a follow-up audit.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to acknowledge receipt of the Internal Audit conducted of the Community Development Block Grant (CDBG) Program for the period October 1, 1993 through June 30, 1995; and direct staff to prepare a letter for the Chairman's signature requesting the Clerk to proceed with a follow-up audit of the CDBG Program. Motion carried and ordered unanimously.

Vice Chairman Voltz advised the Board requested staff return with a report on the Animal Control problems raised by Nellie Strickland and include a budget report from 1989 to present; and instructed staff to advise the Board of what took place.

Joe Ward advised an Animal Control officer was dispatched to Ms. Strickland's house on October 29, 1997; he spoke to Ms. Strickland, interviewed her neighbors; and went to Mr. McCloud's house and spoke to him. He stated the dogs were not vaccinated and Mr. McCloud was cited for failure to vaccinate. He noted on October 31, 1997, his lead officer and he spoke to Ms. Strickland and Mr. McCloud; Ms. Strickland informed them it had been quiet since the visit of the Animal Control officer on October 29, 1997; and Mr. McCloud assured him he would keep control of the dogs. He advised on a follow-up visit yesterday, they interviewed neighbors who said over the weekend there were no problems; and they will continue to monitor the situation to insure corrective action remains in place.

Nellie Strickland advised some days and nights were quiet; however, last night it started up again; she can say nothing but good about Animal Control; and reported on their visits as noted by Mr. Ward. She stated she is not capable of defending herself in the proper fashion without firearms; described the officer's visit and what transpired; and requested the Board reconsider its policy and have the officers talk to other neighbors to verify complaints, primarily for people who live alone and are physically defenseless without a weapon. Ms. Strickland identified several fees that are collected, major items purchased which should provide more ability to check on complaints; and stated the budget is up more than the animal population increase. She requested information on how many dogs are taken in and who pays Mrs. Gunde or is she a volunteer. Housing and Human Services Director Bernice Jackson advised Mrs. Gunde receives a salary, but she does not have that figure with her. Ms. Strickland stated she wants to know what the salaries are, who is profiting by Animal Control services, who is salaried, who volunteers, how many dogs are kenneled, how many are euthanized, how many are returned to owners, what fees are paid, and what is going on, because she has heard ugly stories, but they are not based on fact. She stated she could work out the concerns through the figures or by checking with various owners who had difficulty retrieving their dogs. She expressed appreciation to the Board for trying to resolve her problem with the dogs; and noted she would provide the Board with the criminal records of the McClouds and complaints that were called into the Police Department by her and possibly others.

Vice Chairman Voltz advised Ms. Strickland that staff could get her that information.

Commissioner Scarborough advised when the Board does the budget, it looks at the past year and the long-range trends do not become apparent; and perhaps the Board needs to get six or ten years of data so it can track budgets. He stated the Animal Control Budget has gone from $626,000 to $1.3 million, but the number of pets only went up approximately 30%; the number of calls have not gone up dramatically; and dangerous dogs quadrupled in 1992-93, but since has dropped from 31 to 9. He stated the report raises more questions than it gives answers; and suggested the County Manager provide a greater analysis on the dangerous animals, number of personnel, and how the budget doubled but other areas have not increased. Ms. Strickland stated the budget increase is 108% excluding retention fees.

County Manager Tom Jenkins advised in 1990-91 four dispatchers were picked up by the Animal Control budget; and in 1994-95, they added another dispatcher. He stated originally Fire Rescue Dispatch Service took the calls from the public and dispatched Animal Control officers; the volume and nature of complaints on Animal Control problems were not compatible with Fire Rescue dispatching; so they set up a separate corps of Animal Control dispatchers. He stated the five positions and fringe benefits would be approximately $30,000 for a total of $150,000; and that subtracted from the $1.2 million would put it more in perspective in terms of inflation.

Commissioner Scarborough stated in 1990-91, the budget was less than $900,000 with four dispatchers and also in 1994 with five dispatchers; so regardless of the number of dispatchers, the budget almost doubled and should be reviewed in detail. Ms. Strickland requested copies of the paperwork on the Animal Control budget.

Commissioner Cook advised a lot of times the Board only gets requests for more money and more personnel; with a new manager in Animal Control, it is an ideal time to look at the budget; and perhaps they do not need more money and more personnel, but better management of resources.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to prepare a more detailed report on the Animal Control Budget, and schedule it on the agenda fur further discussion on reasons for the increase. Motion carried and ordered unanimously.

DISCUSSION, RE: PROPOSED LEGISLATION FOR STATE AID TO LIBRARIES

Vice Chairman Voltz advised at the last meeting she brought up the issue of American Library Association (ALA) accreditation being required to obtain State grants for libraries; and presented copies to the Commissioners of the colleges that offer Master of Library Science Degrees versus those not affiliated with ALA. She stated the criteria should be that the director have a Master's Degree in Library Science and nothing else.

Commissioner Cook stated that would not preclude anyone who has a Master's Degree in Library Science not accredited by the ALA; and suggested the County Attorney prepare language to address that the ability to get grants not be restricted to one organization.

Commissioner Higgs advised she looked at schools and colleges and checked with the State; the programs that do not have ALA certification generally are school-based programs such as school librarians, media specialists, and other; and she did not see any programs that were purely library science that did not have the ALA accreditation.

Vice Chairman Voltz advised her staff called several libraries that were not affiliated with ALA, but they have Master's Degree in Library Science. Commissioner Higgs stated the State requires the person who is the head of the library system to have a Master's Degree from an accredited program that has ALA accreditation. Vice Chairman Voltz inquired if Commissioner Higgs called the schools on the list; with Commissioner Higgs responding no, but taking the data provided, she could not find any of them that had a Master's of Library Science program that did not have the accreditation.

Discussion ensued on requiring ALA precluding students of Christian Colleges not recognized by the ALA from working in the County Library System, excluding AMA and ABA accreditations, not tying State funding to any one organization's certification or accreditation, only requiring a Master's Degree, requiring degrees from accredited universities and colleges that meet general accreditation standards to avoid bogus paper mill diplomas, the purpose of accreditation, if ALA has a political or academic agenda, including all colleges and universities that have accreditations, foreign universities, requirements for lawyers in California, and not being so restrictive.

Vice Chairman Voltz recommended the item be held off for further review and be considered for filing later.

REPORT, RE: CHAIRMAN RANDY O'BRIEN

Commissioner Cook advised Chairman Randy O'Brien is recovering well and should be back for the November 18, 1997 meeting.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 10:59 a.m.

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

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