The Board of County Commissioners of Brevard County, Florida, met in regular session on November 18, 1997, at 9:00 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 Pastor Jeff Rhodes, First Baptist Church of South Brevard.

Commissioner Nancy Higgs led the assembly in the Pledge of Allegiance.

REPORT, RE: INTRODUCTION OF CODE ENFORCEMENT MANAGER

County Manager Tom Jenkins introduced the new Code Enforcement Manager Bobby Bowen.

The Board welcomed Mr. Bowen to Brevard County government.

REPORT, RE: ECO-TOURISM

Commissioner Scarborough advised Walt Johnson recommended requesting the Tourist Development Council to research eco-tourism be done formally so they could request the help of County staff.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to request the Tourist Development Council research eco-tourism and provide a report to the Board on who will track it, and how it will be directed. Motion carried and ordered unanimously.

REPORT, RE: CANVASSING BOARD AND SECURITY FOR BALLOTS

Commissioner Cook advised he was going to attend the Legislative Delegation meeting but has to serve on the canvassing board for the Cocoa Beach election. He stated he was on the canvassing board for the last city election and there was a discrepancy of ten votes on the Satellite Beach referendum for a sports complex.

Commissioner Cook advised the Supervisor of Elections decided not to use Sheriff deputies to

escort ballots from precincts to the tabulation area in Viera; the funding is there for those escorts and gives greater security; and recommended the Board ask the Supervisor to protect the ballots.

Commissioner Scarborough stated election fraud can occur from where votes are cast to Viera, and having a deputy provides sanctity of ballots. Motion by Commissioner Cook, seconded by Commissioner Voltz, to request the Supervisor of Elections to continue having ballots escorted by Sheriff deputies.

Commissioner Higgs inquired what is the current plan; with Commissioner Cook responding they will be escorted by the Supervisor's employees. Commissioner Higgs stated the Board needs to know how Mr. Galey will provide security before taking action. Chairman O'Brien suggested asking Mr. Galey to reconsider. Commissioner Cook advised he will ask Mr. Galey to attend the Board meeting to give the Board more information on security.

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

REPORT, RE: MERIT INCREASES

Commissioner Cook advised the Board approved funding for employee merit increases; and inquired when will those take effect; with County Manager Tom Jenkins responding it will be late November or early December. Human Resources Manager Frank Abbate advised it will be November 30, 1997.

REPORT, RE: CONDITION OF COUNTY GOLF COURSES

Commissioner Cook commended Gene Burress and staff for doing an excellent job on the County golf courses. He stated over $400,000 programmed to be spent on the golf courses last year were not spent; and that is a significant savings which can go back to the General Fund.

REPORT, RE: CITY OF COCOA'S WATER RATES LITIGATION

Commissioner Cook advised the County has a lawsuit regarding the City of Cocoa's water rates; and inquired about the status. County Attorney Scott Knox advised the circuit judge preliminarily ruled it was constitutional and the City has to do rate studies; however, the final order has not been done, and the City may appeal.

REPORT, RE: APPOINTMENT OF ROGER DOBSON TO TDC

Commissioner Voltz advised at the last meeting the Board appointed Roger Dobson to the Tourist Development Council for a term of four years; however, it should be for the balance of the term which is less than four years.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to rescind previous Board action of November 4, 1997, and reappoint Roger Dobson for the duration of the four-year term on the Tourist Development Council. Motion carried and ordered unanimously.

REPORT, RE: AMERICAN HERITAGE RIVERS

Commissioner Voltz advised she attended a meeting at the St. Johns River Water Management District where they discussed the American Heritage Rivers, and was very upset; after they allowed the public to speak, they spoke for three hours; and she spoke on behalf of the minority on the Board. She advised of a letter from Congressman Weldon, and that he said he has had more problems with the Water Management District than any other issue.

Chairman O'Brien advised the District has 19 counties and the board is appointed by the Governor and not elected; however, there is a large movement to have them elected and represent the people. Commissioner Cook stated it is also part of the Board's legislative package, because the Board is in agreement that agencies which assess taxes should be elected bodies.

REPORT, RE: RESOLUTION FROM SPACE COAST LEAGUE OF CITIES ON BEACH RENOURISHMENT

Commissioner Voltz advised she received a Resolution from the Space Coast League of Cities supporting a dedicated funding source for beach renourishment; and the Board can acknowledge it and determine if there is anything it wants to do.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to acknowledge receipt of Resolution No. 97-5 from the Space Coast League of Cities requesting the Canaveral Port Authority and Brevard County Tourist Development Council pursue a local dedicated funding source for Brevard County beach renourishment. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING PALM BAY JAYCEES

Commissioner Voltz read aloud a resolution commending the Palm Bay Jaycees for its outstanding accomplishments and contributions to Brevard County; and presented it to Mary Redmond.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to adopt Resolution commending the Palm Bay Jaycees for its outstanding accomplishments and contributions to Brevard County. Motion carried and ordered unanimously.

Mary Redmond thanked the Board for the recognition, and advised the purpose of the Jaycees is to train people between the ages of 20 and 41 to better their futures in business.

REPORT, RE: CHAIRMAN O'BRIEN'S SURGERY

Chairman O'Brien advised he had a triple bypass surgery; the power of prayer is fantastic as he healed faster than expected; and thanked all the people for the cards, flowers, letters and prayers. He stated there was a misunderstanding; he did not have a heart attack, does not have high blood pressure, and is not a diabetic; and the operation was to prevent a heart attack, as coronary heart disease runs in his family. Chairman O'Brien commended Vice Chairman Voltz for the excellent job she performed during his absence, and for the notations on the Agenda.

Commissioner Cook welcomed Chairman O'Brien back to work.

REPORT, RE: FUNERAL

Chairman O'Brien advised he has to attend a funeral today for a person he knew as a child when he worked with her dad.

FINAL PLAT APPROVAL, RE: VIERA CENTRAL PUD, TRACT 12, UNIT 1, PARCELS 1-3, PHASE 2A

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant final plat approval for Viera Central PUD, Tract 12, Unit 1, Parcels 1-3, Phase 2A, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all required permits. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE WITH HILDA FALK, RACHEL STECKLER, AND HAROLD REITER, RE: PROPERTY FOR SURVEY AND SURFACE WATER IMPROVEMENT PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to waive appraisal requirements and execute Contract for Sale and Purchase with Hilda Falk individually and as Trustee, Rachel Steckler as personal representative of the Estate of Jack I. Korenblit, and Harold Reiter, for property west of Silver Pines Estate and north of Wellington Station in Rockledge, at $3,800, to be used for drainage. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH PRIME CONSTRUCTION GROUP, INC., AND RELEASE OF RETAINAGE, RE: STORMWATER PROJECT - PORT ST. JOHN B

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Change Order No. 1 to Agreement with Prime Construction Group, Inc. for Stormwater Project, Port St. John B, increasing contract price by $7,524.40 for increasing sod to reduce erosion, altering structures to reduce runoff velocities, and increasing length of piping to reduce future maintenance; and approve release of all retainage to the contractor for the project. Motion carried and ordered unanimously.

DONATION FROM DR. CARL T. SMEDBERG, RE: 1990 REVCO SCIENTIFIC LABORATORY REFRIGERATOR

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to accept donation of a 1990 Revco Scientific Laboratory Refrigerator, originally priced at $5,241.94, from Dr. Carl T. Smedberg for storage of Medical Examiner's specimens. Motion carried and ordered unanimously.

RESOLUTION AND AGREEMENT WITH COMMUNITY SERVICES COUNCIL OF BREVARD, RE: USE OF WOODY SIMPSON AND COCOA WEST COMMUNITY CENTERS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution and execute Agreement with Community Services Council of Brevard for use of Woody Simpson and Cocoa West Community Centers' gymnasiums and meeting rooms for weekly functions from January 9, 1998 through January 7, 1999. Motion carried and ordered unanimously.

RESOLUTION AND AGREEMENT WITH CHILD CARE ASSOCIATION OF BREVARD COUNTY, AND HOUSING AUTHORITY OF BREVARD COUNTY, RE: USE OF LAKEVIEW COMMUNITY CENTER

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution and execute Lease Agreement with Child Care Association of Brevard County, Inc. and Housing Authority of Brevard County, for use of Lakeview Community Center to provide day care program for low to moderate income families, from October 1, 1997 through September 30, 1998. Motion carried and ordered unanimously.

LEASE AGREEMENT WITH THE ORLANDO UTILITIES COMMISSION, RE: USE OF AREA FOR MULTI-PURPOSE SPORTS FIELD IN PORT ST. JOHN

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Lease Agreement with the Orlando Utilities Commission for use of its property for a multi-purpose sports field in Port St. John at $10 a year, renewable for 25 years, and provision for additional renewal terms. Motion carried and ordered unanimously.

CHANGE ORDER WITH INTERNATIONAL GOLF MANAGEMENT, RE: GOLF COURSE REPAIRS AND IMPROVEMENTS AT THE HABITAT, SAVANNAHS, AND SPESSARD HOLLAND GOLF COURSES

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Change Order to Purchase Order No. 419041 with International Golf Management, increasing amount by $24,737 for repairs and improvements not included in the Maintenance Agreement for Habitat, Savannahs, and Spessard Holland Golf Courses. Motion carried and ordered unanimously.

DONATION FROM FLORIDA COCA-COLA BOTTLING COMPANY, RE: SCOREBOARDS FOR PARKS AND RECREATION DEPARTMENT

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to accept donation of two scoreboards from Florida Coca-Cola Bottling Company, valued at $6,500, for use by Parks and Recreation Department. Motion carried and ordered unanimously.

PURCHASE OF SERVICE AGREEMENT WITH EASTER SEALS SOCIETY OF EAST CENTRAL FLORIDA, RE: SCAT TRANSPORTATION FOR VENTURES IN LIVING PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Purchase of Service Agreement with Easter Seals Society of East Central Florida, Inc. for SCAT transportation services for Ventures in Living Program, at $47,800 from December 1, 1997 through September 30, 1998. Motion carried and ordered unanimously.

WAIVE BID AND APPROVE PURCHASE, RE: REBOUND FOR ATHLETIC FIELD AT HOLDER PARK

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to waive bid requirements and authorize purchase of REBOUND for reconstruction of athletic field at Holder Park from American Tire Recyclers at $33,600. Motion carried and ordered unanimously.

APPROVAL, RE: CULTURAL GRANTS REVIEW PANEL RECOMMENDATIONS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the recommendations of the Cultural Grants Review Panel, as $4,162 to Melbourne Municipal Band, $417 to Honor America, $9,249 to Henegar Center, $6,937 to Surfside Players, $4,162 to Melbourne Art Festival, $4,625 to WFIT 89.5, $2,081 to Space Coast Pops, $1,052 to Melbourne Civic Theater, $4,162 to Very Special Arts-Brevard, $9,249 to Brevard Museum of Arts and Science, $6,937 to Cocoa Village Playhouse, $8,093 to Brevard Symphony Orchestra, $5,781 to Brevard Museum of History and Natural Science, and $8,093 to Titusville Playhouse. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to appoint and/or reappoint June Baker, 749 Oak Park Drive, Melbourne 32940, Doy Hansen, 125 Woodside Drive, Melbourne 32940, and Theresa Rosenkranz, 1111 Jay Place, Melbourne 32940, to the Suntree/ Viera Public Library Advisory Board, with terms expiring December 31, 1998; and Carson Justice, 8298 N. Wickham Road, Melbourne 32940, to the Tourist Development Council, with term expiring December 31, 2001. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

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

PUBLIC HEARING, RE: RESOLUTION VACATING PART OF OLD DIXIE HIGHWAY RIGHT-OF-WAY - DICK WIEBELT

Chairman O'Brien called for the public hearing to consider a resolution vacating part of Old Dixie Highway right-of-way as petitioned by Dick Wiebelt.

Commissioner Cook advised the map is wrong, as the right-of-way is on the south side of Pineda; and noted there were objections regarding access, but a 20-foot egress/ingress easement was provided. Surveyor Beverly Sutphin advised there was access on the east side, but there were physical obstacles, so they agreed to a 20-foot easement over the area to be vacated.

There being no further comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution vacating part of Old Dixie Highway right-of-way as petitioned by Dick Wiebelt, subject to a 20-foot easement over the area to be vacated. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE ESTABLISHING METHOD TO FILL UNEXPIRED TERMS OF PORT ST. JOHN DEPENDENT SPECIAL DISTRICT ADVISORY BOARD

Chairman O'Brien called for the public hearing to consider an ordinance establishing a method to fill unexpired terms of Port St. John Dependent Special District Advisory Board.

Commissioner Voltz advised she does not support Option 9 because, if there are no candidates left over from the election, it could be a potential problem. She suggested Option 6 that would select the member by majority vote of the Advisory Board, and if there are two years remaining, the member would be elected. She noted that is how the cities do it.

Commissioner Scarborough recommended a combination of 9 and 6. Commissioner Cook suggested 9, and if there are no willing candidates, majority vote of the Advisory Board. Commissioner Voltz noted she can support a combination of 9 and 6.

Randy Rodriguez, Chairman of the Port St. John Dependent Special District Advisory Board, advised the board came to the same two decisions, and recommended 9 because the voters would have chosen the next person. He stated it will come back to the Board for approval; however, if there are two years or more of the term remaining, it would go to the polls.

Commissioner Voltz inquired what are the terms; with Mr. Rodriguez responding four years for the top five and two years for the others, with the next term being four years.

Commissioner Higgs recommended leaving the final decision with the Advisory Board and not putting the Board in a position of overturning its decision. Mr. Rodriguez indicated the Board has the ability to review the criminal records of candidates which could avoid having child molesters on the board. Commissioner Higgs stated the Board would not ask for a review and would simply take the recommendation of the advisory board; consequently, she is willing to let that board make the decision and this Board stand by the decision.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt an Ordinance establishing method to fill unexpired terms of Port St. John Dependent Special District Advisory Board, amended to read, "The representative shall be the candidate for the Advisory Board receiving the next highest number of votes during the last election. If there are no candidates, the representative shall be selected by a majority vote of the Advisory Board to serve until a newly elected member is elected. If two years remain in the term of the vacated seat, at the time of the next regular Advisory Board election, that seat shall be filled by election for the remaining two years. Any appointment shall be submitted to the Board of County Commissioners for confirmation."

Commissioner Higgs advised the Ordinance gives the Board the ability to remove someone for malfeasance; and she would prefer the Advisory Board have the responsibility to make the appointment, but will support the motion.

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

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

Chairman O'Brien called for the public hearing to consider an amendment to a vested subdivision plan, as requested by John Barber, to reconfigure three lots and reduce potential impact to the wetlands.

John Barber explained a map of the area depicting present configuration, distance of houses from the wetland line, and potential impact to the wetlands in the present configuration. He advised Department of Environmental Protection, Natural Resources Management Section, and State Health Department reviewed the map; Debbie Coles came up with the reconfiguration to lessen the impact on the wetlands; and the Health Department approved a variance, so everyone is in favor of the amendment. He stated the area was platted in 1955, and things were done that left the wetlands in a bad situation.

Commissioner Cook inquired how many homes will be built on the property; with Mr. Barber responding only three, one on each lot. Mr. Barber stated there will not be any more impact to the area, but they would be able to pull the houses away from the water with the full depth of the three lots. He stated Section 62-507 allows him to request an amendment to the subdivision plan.

Teresa Barker advised she reviewed the configuration which does reduce impact on the wetlands; she is not happy with the change, but it is the best; and inquired who will maintain the road for Lot 1; with Chairman O'Brien responding it will be a private road and maintained by the owner. Ms. Barker requested the County keep a check on the wetlands and septic tanks to ensure they do not impact the water; with Chairman O'Brien responding septic tanks are inspected periodically. Mel Scott advised those septic tanks will be inspected every year.

Commissioner Higgs inquired about the status of the property in violation of Department of Environmental Protection's regulations; with Mr. Moon from Department of Environmental Protection responding Mr. Barber is rearranging his lots and needs approval from the Board before he can deal with Department of Environmental Protection to resolve his violation. Commissioner Higgs inquired if Department of Environmental Protection will enforce its rules to correct the violations; with Mr. Moon responding yes. Commissioner Higgs inquired if the building permit can be withheld until the issue with Department of Environmental Protection is resolved; with County Attorney Scott Knox responding the Board could make it a condition of its approval. Community Development Services Administrator Peggy Busacca advised staff has been told if the Barbers meet Brevard County regulations, the County has to give them a permit. Mr. Knox advised this is a vested rights determination issue and can be tied to correction of the violation.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve the amendment to the vested subdivision plan for John Barber to reconfigure three lots to reduce potential impacts to the wetlands. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, to impose a condition not to issue building permits until the violation with Department of Environmental Protection has been resolved.

Discussion ensued on correction of Department of Environmental Protection's regulations violation, issuance of building permits conditioned upon resolving issues with Department of Environmental Protection, potential liabilities as permitting agency, and Department of Environmental Protection ensuring correction of violations.

Hearing no second to the motion, Chairman O'Brien declared the motion died for lack of a second.

Mr. Barber thanked the Board for its approval and wisdom, and stated the situation with Department of Environmental Protection will be resolved as he has cooperated with all agencies throughout the entire process. Mr. Barber requested copies of Ordinances.

REPORT, RE: JOINT MEETING BETWEEN PORT ST. JOHN DEPENDENT SPECIAL DISTRICT ADVISORY BOARD AND TITUSVILLE CITY COUNCIL

Randy Rodriguez, Chairman of the Port St. John Dependent Special District Advisory Board, advised the original meeting with the City of Titusville on sewer service and annexation was in March, 1997; and they met again this month, but nothing much was accomplished. He stated the City said it would not annex south of Kings Highway; and residents between Port St. John and City of Titusville should have input where the boundary will be drawn, but that was not addressed. He requested the County move forward with an agreement with the City not to put sewer service further south than Kings Highway.

Commissioner Scarborough recommended continued dialogue on staff level, and as it progresses, Mr. Rodriguez meet with the Mayor to come to some points of agreement, then have the individual bodies iron things out.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct County staff to meet with the City of Titusville's staff to work out various issues concerning sewer service, annexation, and boundaries. Motion carried and ordered unanimously.

DISCUSSION, RE: 1998 LEGISLATIVE PROPOSALS

Jim French advised Florida Inland Navigation District (FIND) funds should not be used for manatee signage; Department of Environmental Protection should pay for the manatee signs and not the taxpayers; and 13 counties have manatee problems, but the funds from Manatee license plate sales are appropriated Statewide. He stated the law says funds are to be used only for environmental education, manatee research, and facilities, not for lawsuits; and he supports all three legislative proposals on the manatees.

Chairman O'Brien advised Save the Manatee Club of Florida receives funding from the State, boat registrations, manatee license plates, and FIND; and $3,000 is spent for one manatee, but only $2,600 for a child in school. He stated taxes paid to FIND should not be used for manatee signs; it drains the funding for matching grants; and channel markers are not being replaced. Chairman O'Brien advised of erosion problems south of Sebastian Inlet and south of Port Canaveral which FIND could get State matching funds to correct; stated $3.2 million are generated by Brevard County for FIND, and FIND returns $1.7 million in grants; and noted its administrative costs were $604,000 in 1997 for six staff members and executive director whose office is in Jupiter. He stated FIND has a surplus of $25 million, which it does not consider surplus because it is carried over and allocated for projects; it is not an elected body; it has 11 counties from Duval to Dade; and its funding should not be used for signage when it could be spent on beach renourishment, dredging of channels for navigation, and other safety projects. He recommended asking the Legislature to change the formula and not use FIND funds for manatee signs.

Commissioner Cook inquired what amount is spent on signage; with Environmental Services Administrator Stephen Peffer responding less than ? of 1 percent of its annual budget. Chairman O'Brien stated it was over $600,000 for all the counties which is too much when there are other funding mechanisms, and FIND was not created to put up signs. Commissioner Cook stated if the amount is not significant, he would prefer to go with the larger issue that it is not an elected board, and it has $25 million in the bank not considered surplus. He stated the signage should only be considered after it carries out all its other duties, and Department of Environmental Protection should pick up the cost of the signs. Chairman O'Brien gave a summary of the funds collected and expended for operation, public information, signage, etc.

Discussion ensued on projects that could be completed with the funds being used for manatee signage, Brevard County not getting its share of FIND funds, FIND board being appointed and not elected but assessing taxes, and Sebastian Inlet board being elected but not assessing taxes.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to request the Legislature consider making the Florida Inland Navigation District Board an elected body; and direct staff to prepare back-up materials on reasoning, and bring it to the Board on November 25, 1997.

Commissioner Cook stated if the structure of the governing board is changed, a lot of the issues can be addressed. Commissioner Voltz suggested letting the Delegation know the Board's concerns regarding use of FIND funds, and that it decided to go with the bigger issue of being an elected body. Commissioner Cook stated the Board may not get a sponsor tonight and would need to draft something and submit it later. Chairman O'Brien suggested presenting the issue and following up with materials later.

Commissioner Cook clarified the motion is to direct staff to return with back up material on an elected FIND board, and Commissioner Voltz inform the Delegation that further information will be forthcoming on the elected board issue.

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

Chairman O'Brien recommended the Board ask the Legislature to prohibit the use of manatee license plate revenues or any tax funds for lawsuits against citizens and local governments. He stated citizens are being called to administrative hearings by Save The Manatee Club which uses tax dollars against them.

Commissioner Higgs stated Save the Manatee Trust Fund is not the same as Save The Manatee Club; and revenues are protected under the law and can only be used for education, research, etc.

Discussion ensued on the proper use of revenues from the sale of manatee license plates, and prohibiting use of any tax dollars to sue governments or private citizens.

Chairman O'Brien recommended language be included to return revenues from the sale of the manatee license plates to the 13 coastal counties for educational kiosks and other things, and that Brevard County receive more funds since it has most of the manatees. Commissioner Scarborough stated most of the manatee deaths occur in Brevard County, and the funds should be appropriated in relation to the manatee population. Commissioner Voltz stated it does not make sense to distribute those revenues Statewide if there are no manatees in some of the counties.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to request the Legislature consider directing revenues from the sale of manatee license plates in relation to manatee population and threat of survival of the species. Motion carried and ordered unanimously.

Jim French advised the American Library Association (ALA) has become an extremely radical organization; and its policy states to support equal rights amendment, gay rights, AIDS testing, minors access to sexual resources, pornography, and that non-intellectual material is not a moral factor. He advised of things ALA has done that do not meet community standards; and requested the Legislature be asked to revisit the requirement of ALA accreditation.

Commissioner Voltz advised she received information yesterday on certifications in other states; Alabama does not require it for State grants; Georgia does, but North Carolina does not; and how they get certified is based on what libraries are all about. She read the criteria for certification; and stated the County cannot get State funds unless it is certified by ALA. She recommended the Library Director review the qualifications, and return with recommendations. Commissioner Cook recommended adding the same language used by North Carolina, but requested more information.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to use the North Carolina language for State Aid to Libraries grants, and request the Legislature amend the Code to include regional accredited institutes of higher education or ALA. Motion carried and ordered unanimously.

Commissioner Cook advised there was a question on how the St. Johns River Water Management District was established; some people said to change it will require a change to the State Constitution; however, that is not the case. He stated the District was set up by Florida Statutes in 1972, and can be amended by Florida Statutes; and it should be an elected body. County Attorney Scott Knox advised there is a referendum requirement for levy of taxes; it is a special district and has authority to levy taxes as approved by referendum; and it was created by General Law.

Chairman O'Brien recommended Mr. Knox attend the Delegation hearing with the Chairman tonight; and Representatives Ball and Futch, and Senator Bronson be advised that to change the District to an elected body will not require a Constitutional amendment.

DISCUSSION, RE: ANONYMOUS COMPLAINTS POLICY FOR ANIMAL CONTROL

Chairman O'Brien advised he is against allowing anonymous complaints for animal control problems.

Charlie Burns advised the Board outlawed anonymous complaints; Commissioner Cook said he has no intentions of bringing it back, and Commissioner Voltz said she does not support it; however, it is back again, and he wants to know how that happened. He stated homeowners associations and their officers like to tell people how to live; 98% of the residents in Port St. John do not want to be members of the Association; and inquired why is the Board considering a Countywide ordinance based on three or four people.

Commissioner Scarborough stated some people are intimidated and would not make complaints, primarily elderly people; this would allow one opportunity; and if no violation is found, that property is exempt from any further anonymous calls; however, if a violation is found, anonymous calls can be accepted. He recommended approval of the policy and Options 1 and 2.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the Anonymous Complaints Policy with addition of Options 1 and 2 to read, "After one anonymous complaint has been filed, if no violation has been identified, no additional anonymous complaint will be accepted on that property within a 12-month period except when the complaint involves a health or safety issue; however, if a violation has been identified after the anonymous complaint is filed, additional anonymous complaints will be accepted."

Commissioner Cook stated it has not been a problem brought to the Board by a committee; it was changed because Code Enforcement spent a lot of time on invalid violations; and it will open it up to anonymous complaints from Melbourne about property in Mims because it does not have the 1,000-feet rule. He stated it would feed vendettas and increase workload of Code Enforcement with no benefit to the community; and currently people can make anonymous phone calls about Code violations that threaten health and safety.

Commissioner Voltz stated she received a lot of phone calls about this issue; elderly people are afraid of retribution; and inquired if staff has a way to track one call per property; with Code Enforcement Officer Gary Penna responding there is a way on the computer, but it will be difficult and time consuming. Commissioner Voltz suggested a six-month program then review it to see how it is working.

Motion by Commissioner Voltz, to amend the motion to include a six-month program then review to determine its effectiveness. Commissioner Scarborough advised he will restate the motion with the amendment.

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

CONTRACT FOR SALE AND PURCHASE WITH E. RONALD AND LINDA F. MOSCA, RE: PROPERTY FOR CONSTRUCTION OF STORMWATER POND IN PORT ST. JOHN

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Contract for Sale and Purchase with E. Ronald and Linda F. Mosca for 4.99 acres in Port St. John at the southwest corner of the intersection of Broadway Boulevard and U.S. 1, for construction of a stormwater pond, at appraised value of $326,000 plus closing costs. Motion carried and ordered unanimously.

PERMISSION TO BID AND AWARD BID, RE: CONSTRUCTION OF SOUTH-CENTRAL REGIONAL WASTEWATER FACILITY EXPANSION

Motion by Commissioner Higgs, seconded by Commissioner Cook, to grant permission to bid construction of South-Central Regional Wastewater Facility Expansion, and award bid contract to the lowest responsible bidder. Motion carried and ordered unanimously.

APPOINTMENT, RE: CODE COMPLIANCE DIRECTOR

Motion by Commissioner Voltz, seconded by Commissioner Cook, to confirm the County Manager's appointment of Bill Osborne as the Director of the Code Compliance Department. Motion carried and ordered unanimously.

FIRST AMENDMENT TO OPTION AGREEMENT FOR SALE AND PURCHASE WITH JOSE VALLE, MARK AXELBERD, AND ENRIQUE R. HUTTERLI, RE: EEL'S PROGRAM

Commissioner Voltz inquired if this is to correct the legal description; with Environmental Services Administrator Stephen Peffer responding yes. Commissioner Cook inquired if the Board accepted it; with Mr. Peffer responding the Board approved the purchase.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute First Amendment to Option Agreement for Sale and Purchase with Jose Valle, Mark Axelberd, and Enrique R. Hutterli as curator of the Estate of Walter Hutterli, to correct the legal description and extend the option expiration date to December 24, 1997, for environmentally endangered lands (EEL) lying west of SR A1A. Motion carried and ordered unanimously.

PARTIAL RELEASE OF JUDGMENT, RE: FARM & GROVE REALTY VS. BETTY LYTTLE

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Partial Release of Judgment for Farm & Grove Realty vs. Betty Lyttle in the amount of $188. Motion carried and ordered unanimously.

ORDER GRANTING PETITION FOR WRIT OF CERTIORARI, RE: JACK LANGER AND ED BALL VS. BOARD OF COUNTY COMMISSIONERS/BOARD OF ADJUSTMENT

Commissioner Cook inquired if Rockledge Air Park was notified; with County Attorney Scott Knox responding he does not know. Commissioner Cook recommended the item be deferred to next week so Rockledge Air Park owners can be notified before the Board takes final action.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to take no action to appeal the Order granting petition for writ of certiorari in the Jack Langer and Ed Ball vs. Board of County Commissioners/Board of Adjustment case, with the caveat that Rockledge Air Park be notified of the Board's decision. Motion carried and ordered unanimously.

APPROVAL, RE: CHANGES TO ZONING MEETING AGENDA FORMAT

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve the changes to the Zoning Meeting agenda format, as recommended by Commissioner Voltz. Motion carried and ordered unanimously.

APPOINTMENTS, RE: CHAIRMAN AND VICE CHAIRMAN OF THE BOARD

Chairman O'Brien advised the annual organization meeting shall be held on the third Tuesday of November to elect a chairman and vice chairman by majority vote of the Commissioners present.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to appoint Helen Voltz as Chairman of the Board of County Commissioners. Motion carried and ordered unanimously.

Commissioner Cook commended Commissioner O'Brien for the excellent job he did as Chairman.

Commissioner O'Brien advised he enjoyed working with a Board that works together to come to consensus; and thanked staff for providing the Board with excellent information and for taking on an increased workload.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to appoint Truman Scarborough as the Vice Chairman of the Board of County Commissioners. Motion carried and ordered unanimously.

Former Chairman O'Brien presented the gavel to new Chairman Voltz; and Chairman Voltz presented a plaque to Commissioner O'Brien in appreciation for his services as Chairman.

Chairman Voltz advised the Commissioners have a great working relationship, and identified the Board's accomplishments, including the Sign Ordinance, manatee protection, aquaculture leases, sanctuary land acquisition manual, bike helmets, Valkaria Airport, COPS, broadcasting meetings, Code Enforcement, Juvenile Assessment Center, etc. all with a decrease in taxes. She stated the Board will face more issues in the future with scrub conservation, land clearing, etc.; and she will schedule workshops on those issues.

Commissioner O'Brien recommended workshops be held on Tuesdays or Thursdays.

Chairman Voltz advised she is proud to be a member of the Board and of its accomplishments; and looks forward to the same in the future. She stated she will return with Board liaison assignments; wished Commissioners Cook and O'Brien the best in their re-election; and thanked County staff for their assistance.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 11:50 a.m.

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

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