The Board of County Commissioners of Brevard County, Florida, met in regular session on October 28, 1997, at 9:02 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 Vice Chairman Helen Voltz.

Commissioner Truman Scarborough led the assembly in the Pledge of Allegiance.

INTRODUCTION, RE: INFORMATION COMMUNICATION SYSTEMS DIRECTOR

County Manager Tom Jenkins introduced Gino Butto as the new Information Communication Systems Director.

The Board welcomed Mr. Butto to Brevard County.

REPORT, RE: AUTHORIZATION TO SIGN EMPA GRANT APPLICATION

Community Services Administrator Don Lusk advised on October 7, 1997, the Board approved the Emergency Management Preparedness and Assistance Grant application for expansion of the Emergency Operation Center in Rockledge; and the Office of Emergency Management was under the impression the grant application could be signed by the chief executive officer, so the grant application and letter of submittal was signed by the County Manager on October 8, 1997. He stated the Florida Division of Emergency Management's legal counsel indicated the application signed by the County Manager was not acceptable without the reflection in the Minutes of the Board giving authority to the County Manager to execute the application; and recommended the Board ratify its action of October 7, 1997 granting authorization for the County Manager to execute the grant application.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to ratify authorization for the County Manager to execute the Emergency Management Preparedness and Assistance Grant application for expansion of the Emergency Operation Center. Motion carried and ordered unanimously.

REPORT, RE: MIORELLI LITIGATION

County Attorney Scott Knox advised the Supreme Court ruled in favor of the County regarding the Miorelli litigation.

REPORT, RE: CHAIRMAN O'BRIEN'S RECOVERY

Administrative Assistant Chuck Maxwell advised the surgical procedures performed on Commissioner O'Brien were outstanding, and he is at home recuperating. He advised of the cards, flowers, and gifts Commissioner O'Brien received, of prayer services held in his behalf, and how appreciative both he and his wife were. He stated Commissioner O'Brien is expected to return to work in two weeks; and thanked the Board for its concern.

Vice Chairman Voltz advised her church prayed for Commissioner O'Brien also.

CHERYL PARKER, HOSPICE OF ST. FRANCIS, RE: RESOLUTION PROCLAIMING NATIONAL HOSPICE MONTH

Vice Chairman Voltz read aloud a resolution proclaiming November, 1997, as National Hospice Month, and extending congratulations to Hospice of St. Francis on its 20th anniversary by designating November 16, 1997, as Hospice of St. Francis Day; and presented the Resolution to Cheryl Parker who thanked the Board on behalf of Hospice of St. Francis, Holmes Regional, and Brevard Hospice.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution proclaiming November, 1997 as National Hospice Month, and November 16, 1997, as Hospice of St. Francis Day. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING STEPHEN McKENNEY STECK DAY

Vice Chairman Voltz read aloud a Resolution proclaiming November 1, 1997, as Stephen McKenney Steck Day in recognition of Mr. Steck's outstanding contributions to the community and citizens of Brevard County as President of WMFE-TV/FM.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution proclaiming November 1, 1997, as Stephen McKenney Steck Day. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING MANUFACTURED/MOBILE HOME OWNERS MONTH

Vice Chairman Voltz read aloud a resolution proclaiming November, 1997, as Manufactured/Mobile Home Owners Month.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution proclaiming November, 1997, as Manufactured/Mobile Home Owners Month. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING BREVARD COUNTY HEALTH AND FITNESS WEEK

Commissioner Higgs read aloud a resolution proclaiming November 10-16, 1997, as Brevard County Health and Fitness Week; and presented the resolution to Sgt. Robert Wilkins.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution proclaiming November 10-16, 1997, as Brevard County Health and Fitness Week. Motion carried and ordered unanimously.

Sgt. Robert Wilkins advised he designed the initiative while in Turkey because Americans have a problem with obesity due to inactivity; and his goal is to make Brevard County the healthiest County and make it known as the "health coast".

RESOLUTION, RE: PROCLAIMING SERVICE ANIMAL WEEK

Commissioner Higgs read aloud a resolution proclaiming October 28 through November 4, 1997, as Service Animal Week; and presented the Resolution to Frank and Brenda Van Langen, and their service animal Dodger.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution proclaiming October 28 through November 4, 1997 as Service Animal Week in Brevard County. Motion carried and ordered unanimously.

Brenda Van Langen thanked the Board for recognizing the vital roll animals take in the lives of many citizens; and advised "seeing eye dog" is an obsolete term as they are all service animals. She advised of her experiences and the experiences of others with the help of service dogs and how her life has changed since Dodger has become her companion. She thanked Clara Gunde for Dodger.

Vice Chairman Voltz recommended copies of the resolution be send to all cities requesting they prepare similar resolutions.

Frank Van Langen advised he was trained by Delta Society to provide education and awareness of service animals which come in various forms including monkeys and pigs; and explained their efforts to update ADA guidelines to address service animals.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to direct staff to develop and bring to the Board appropriate language to amend the appropriate Ordinances to reflect up-to-date terminology and provisions of service animals in accordance with ADA Guidelines. Motion carried and ordered unanimously.

Mr. Van Langen presented posters for businesses to put in their facilities.

RESOLUTION, RE: COMMENDING FLORIDA MARLINS

Vice Chairman Voltz read aloud the Resolution honoring the Florida Marlins as the World Champions of Major League Baseball; and presented it to Trey Frazier, who represented the team.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution honoring the Florida Marlins as the World Champions of Major League Baseball, and proclaiming Space Coast Stadium as the Spring Home of the World Champion Florida Marlins. Motion carried and ordered unanimously.

DISCUSSION, RE: ITEMS PULLED FROM CONSENT AGENDA

Vice Chairman Voltz recommended any items pulled from the Consent Agenda by the audience be heard immediately following approval of the Consent Agenda; however, appropriate staff needs to be present. She stated those items pulled by Commissioners can be heard at the end of the meeting. Commissioner Higgs suggested the procedure be addressed.

PERMISSION TO HOLD OUTSIDE MUSIC EVENT AND WAIVE PERMIT APPLICATIONS, RE: CHRISTIAN CHURCH AT PORT ST. JOHN

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant permission for the Christian Church at Port St. John to hold outside music event on October 31, 1997, from 6:00 p.m. to 11:00 p.m., and waive permit application requirements for medical personnel, security, and disclosure of financial backing. Motion carried and ordered unanimously.

RESOLUTION, RE: INITIAL ASSESSMENT FOR SHELL WOOD DRIVE WATER MSBU

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt an initial assessment resolution ordering the acquisition and construction of assessable improvements consisting of construction of a potable water system including all pertinent facilities, all within the unincorporated area of Brevard County, Florida, District 4, known as the Shell Wood Drive Water Municipal Service Benefit Unit; providing a description and location of said assessable improvements; establishing a description and location of all real property benefited by said assessable improvements and subject to special assessment for the cost thereof; notice of the Board's intent to impose the assessments; determining real property abutting upon or adjacent to said assessable improvements will be specifically benefited by the construction of said improvements and the portion to be assessed against specially benefited abutting or adjacent real property; determining and providing for the manner and method of computing such special assessments; providing for the publication of this resolution; and providing an effective date. Motion carried and ordered unanimously.

RESOLUTION AUTHORIZING GRANTING OF EASEMENT TO CITY OF MELBOURNE, RE: POTABLE WATER FOR SPACE COAST MARINE INSTITUTE PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution authorizing transfer of an easement to the City of Melbourne, and execute the Easement for utility improvements to service Space Coast Marine Institute. Motion carried and ordered unanimously.

JOINT USE AGREEMENT WITH SCHOOL BOARD, RE: MIMS/SCOTTSMOOR LIBRARY AND COMMUNITY EDUCATION CENTER

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Joint Use Agreement with School Board of Brevard County, Inc. for Mims/Scottsmoor Library and Community Education Center. Motion carried and ordered unanimously.

RIGHT-OF-WAY USE AGREEMENT WITH POST ROAD CASCADES HOMEOWNERS ASSOCIATION, INC., RE: USE OF POST ROAD RIGHT-OF-WAY FOR LANDSCAPING IMPROVEMENTS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Right-of-way Use Agreement with Post Road Cascades Homeowners Association, Inc. for use of Post Road right-of-way for landscaping improvements for a period of ten years, commencing October 28, 1997. Motion carried and ordered unanimously.

CONTRACT MODIFICATION #1 WITH WILLIAM TURNBAUGH CONSTRUCTION, INC., RE: FLORA AND FAUNA WATER MSBU PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Contract Modification #1 to Agreement with William Turnbaugh Construction, Inc. for construction of Flora and Fauna Water Municipal Service Benefit Unit waterline, increasing price by $9,950 for altered positions of water meter boxes increasing materials and time. Motion carried and ordered unanimously.

PERMISSION TO BID AND AWARD BID, RE: MIMS-SCOTTSMOOR LIBRARY MODULAR BUILDING RELOCATION

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant permission to bid and award bid to low qualified bidder for relocation of a 20-unit modular building from North Brevard Service Complex to Pinewood Elementary School for the Mims-Scottsmoor Library. Motion carried and ordered unanimously.

APPOINT SELECTION AND NEGOTIATING COMMITTEES, RE: CONTINUING CONSULTANT SERVICES FOR FACILITIES CONSTRUCTION SECTION

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to appoint Samuel Stanton, Charles Nelson, Hugh Muller, and Bernice Jackson or their designees to the Selection and Negotiating Committees for continuing consultant services for Facilities Construction Section; and authorize the Committees to short list, rank, and select the most qualified firms to negotiate with. Motion carried and ordered unanimously.

PERMISSION TO SOLICIT REQUEST FOR PROPOSALS, APPOINT SELECTION COMMITTEE, AND EXTEND CURRENT CONTRACT, RE: COUNTYWIDE COURIER SERVICE

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant permission to solicit request for proposals for Countywide Courier Service; appoint Shirley Agee, Hugh Muller, Karen Nelson, Beck Slack, and Cheri Wolking to the Selection Committee to rank proposers and negotiate a contract with the top-ranked proposer; and authorize extension of the current courier contract with Brevard Same Day Delivery for one month. Motion carried and ordered unanimously.

AGREEMENT WITH MID-FLORIDA HOUSING PARTNERSHIP, INC., AND AMENDMENTS TO AGREEMENTS WITH CITY OF TITUSVILLE, RE: HOME PROGRAM COMMUNITY HOUSING DEVELOPMENT ORGANIZATION FUNDING SET-ASIDE

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Agreement with Mid-Florida Housing Partnership, Inc. to provide first-time home buyer down payment and rehabilitation program in the City of Titusville; and to execute Amendments to Disbursement Agreements with the City for the HOME Investment Partnership Program Consortium Community Housing Development Organization set-aside funds in the amount of $158,000. Motion carried and ordered unanimously.

AGREEMENT WITH ALCO-REST, INC., AND AMENDMENTS TO AGREEMENTS AND MEMORANDUM OF UNDERSTANDING WITH CITY OF COCOA, RE: HOME PROGRAM COMMUNITY HOUSING DEVELOPMENT ORGANIZATION SET-ASIDE FUNDING

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Agreement with Alco-Rest, Inc. to assist nine first-time home buyers to purchase houses in the City of Cocoa; and execute Amendments to Disbursement Agreements and Memorandum of Understanding with the City for the HOME Investment Partnership Program Consortium Community Housing Development Organization set-aside funds in the amount of $146,907. Motion carried and ordered unanimously.

AGREEMENTS WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, BUDGET CHANGE REQUESTS, AND DESIGNATION OF AUTHORIZED REPRESENTATIVE, RE: WEATHERIZATION AND EMERGENCY HOME ENERGY ASSISTANCE GRANTS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Agreements with Florida Department of Community Affairs for Low Income Emergency Home Repair, Weatherization Assistance, and Weatherization/Low Income Home Energy Assistance Programs; designate Housing and Human Services Director as the County's authorized representative to sign, make changes, and execute necessary Program documents on behalf of Brevard County; and approve Budget Change Requests amending the appropriate budgets to reflect the actual grant awards. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE AVAILABILITY OF FUNDING AND APPOINT SELECTION COMMITTEE, RE: U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT EMERGENCY SHELTER GRANT

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize advertising the availability of $37,458 in U.S. Department of Housing and Urban Development Emergency Shelter Grant; and appoint Glenn McGuffie, Zoila Villanueva, and Laverta Spiller to the Selection Committee to review applications for funding and make recommendations to the Board. Motion carried and ordered unanimously.

RESOLUTION, RE: CREATING MIMS/SCOTTSMOOR LIBRARY ADVISORY BOARD

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution creating Mims/Scottsmoor Public Library Advisory Board. Motion carried and ordered unanimously.

RESOLUTION, RE: CREATING SUNTREE/VIERA LIBRARY ADVISORY BOARD

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution creating Suntree/Viera Public Library Advisory Board. Motion carried and ordered unanimously.

APPROVAL, RE: CLOSING OF COCOA BEACH LIBRARY OVER THANKSGIVING WEEKEND

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve closing of Cocoa Beach Public Library over the Thanksgiving weekend. Motion carried and ordered unanimously.

PERMISSION TO PROCEED, RE: APPOINTMENT OF EEL SELECTION AND MANAGEMENT COMMITTEE MEMBERS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize staff to initiate procedures to appoint members to the Environmentally Endangered Lands Selection and Management Committee to serve a two-year period pursuant to the Land Acquisition Manual, Sanctuary Management Manual, and Ordinance No. 95-31. Motion carried and ordered unanimously.

AGREEMENT WITH PUBLIC DEFENDER, RE: LEGAL REPRESENTATION FOR INDIGENT DEFENDANTS WITHIN CRIMINAL JUSTICE SYSTEM

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Agreement with the Public Defender to provide legal representation for indigent defendants within the Criminal Justice System, from October 1, 1997 through September 30, 1998, at a cost of $45,000. Motion carried and ordered unanimously.

SECOND AMENDMENT TO AGREEMENT WITH COASTAL HEALTH SYSTEMS OF BREVARD, INC. AND BUDGET CHANGE REQUEST, RE: MARCHMAN AND BAKER ACT TRANSPORT SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Second Amendment to Agreement with Coastal Health Systems of Brevard, Inc. for Marchman and Baker Act transport services, extending term to September 30, 1998, and increasing rate schedule from $180,000 to $190,000 for FY 1998; and approve the Budget Change Request. Motion carried and ordered unanimously.

SECOND RENEWAL TO COOPERATIVE AGREEMENT WITH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, RE: CONTROLLING ABANDONED ARTESIAN WELLS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Second Renewal to Cooperative Agreement with St. Johns River Water Management District to allow a licensed water well contractor to control abandoned artesian wells in Brevard County. Motion carried and ordered unanimously.

RESOLUTION AND EASEMENT TO FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: SURFACE WATER MANAGEMENT SYSTEM AT SARNO ROAD LANDFILL

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution and execute Conservation Easement to Florida Department of Environmental Protection required under the Environmental Resource and Stormwater Management permits associated with surface water management system at the Sarno Road Landfill. Motion carried and ordered unanimously.

RESOLUTION AND EASEMENT TO FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: EXPANSION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT FACILITY

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution and execute Conservation Easement transferring interest in County property to the State to obtain the permit for expansion of the South-Central Regional Wastewater Treatment Facility. Motion carried and ordered unanimously.

RESOLUTION, RE: APPROVING AMENDMENTS TO AGREEMENT AND DECLARATION OF TRUST WITH FLORIDA ASSOCIATION OF COUNTIES TRUST REVISIONS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution approving amendments to Agreement and Declaration of Trust with Florida Association of Counties Trust regarding liability insurance coverage. Motion carried and ordered unanimously.

APPROVAL OF SETTLEMENT, RE: WORKERS' COMPENSATION CLAIM OF WILLIAM BEACH

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve the final settlement of the workers' compensation claim of William Beach for medical benefits as negotiated through Gallagher Bassett Services. Motion carried and ordered unanimously.

APPOINTMENT, RE: CITIZEN ADVISORY BOARD

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to appoint Cathy Lammon, 2725 Judge Fran Jamieson Way, Melbourne, Florida 32940, to the Extension Advisory Council, with term expiring December 31, 1998. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS

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

CONTRACTS FOR SALE AND PURCHASE, RE: VALKARIA PROPERTIES FOR COASTAL SCRUB ECOSYSTEM CARL PROJECT

Martin Lamb advised this is an appropriate purchase and adjacent to lands already owned by EEL; they are single acres that create contiguous lands; but what is not made public is the real estate brokers. He stated he is a real estate broker, but an individual who spoke on scrub jay protection is receiving a 10% commission on these sales. He stated there was a move to purchase $90,000,000 of real estate for scrub habitat; and that would have been a $9,000,000 commission, so saving scrub jays became popular. Mr. Lamb stated the Board needs to recognize who is speaking and for what reasons; and it needs to be made public that people are making money and speaking to the Board about how important it is to save the scrub jays.

Commissioner Scarborough inquired if the realtor is for the buyer or seller; with Mr. Lamb responding he did not see anything that claimed he was the seller or buyer. EEL Coordinator Dr. Duane DeFreese advised the broker represents the seller; and the County does not pay commissions. Mr. Lamb stated the issue is not the commission, but the motivation to benefit the environment when there is money to be made. Commissioner Scarborough inquired if the broker had an inside contact; with Dr. DeFreese responding they work with any broker.

Commissioner Cook inquired if Mr. Lamb is questioning the purchase; with Mr. Lamb responding no, just people being motivated when in reality they are earning a good living; and it should not be put on the Consent Agenda. Commissioner Scarborough stated for someone to use inside information, get a listing agreement, and misuse a privileged position is a concern; and recommended the item be tabled for more information. Commissioner Cook stated if Mr. Lamb knows of other instances, he should bring it up. Mr. Lamb stated he does not have other information with him.

Commissioner Higgs stated the last time the item was tabled was for the red cockaded woodpeckers; it is a CARL Project; now someone is making a comment about the issue; so Mr. Nations should be given an opportunity to speak.

Dr. DeFreese advised when they do a CARL project or land acquisition, all the properties are reviewed by the Selection Committee and are on the public record; realtors have tracked EEL and Preservation 2000 for listings; staff does not get involved with that; and since 1993, the property has been on the list and maps have been available.

Zeke Nations advised he represents the seller and a lot of sellers in Valkaria; if Mr. Lamb bothered to check, there are many lots ands a lot of realtors; and if they sell vacant lands, they know about the EEL Program. He stated EEL targeted the property in 1993; they have been working on appraisals and surveys; the landowners are looking for a way to sell their properties; and he will sell it to anyone and make a 10% commission with no apologies, and talk to anyone who has a problem.

Commissioner Scarborough inquired if there is an ability in the real estate field to use positions; with Dr. DeFreese responding Mr. Nations has no position other than a realtor like any other realtor. Commissioner Scarborough inquired if he sits on a board; with Dr. DeFreese responding he is not aware of any, and not in the EEL Program. Commissioner Scarborough inquired to what extent was there abuse; with Mr. Lamb responding he did not point Mr. Nations out, but has seen him speak in favor of things not related to this issue, felt he was a concerned environmental citizen, and was surprised to find he is the real estate broker earning a commission; and it is an instance that will happen in the future. He stated these purchases are probably the best he has seen. Commissioner Scarborough inquired if Mr. Nations had an advantage that he abused; with Mr. Lamb responding he is not aware of that in this transaction, but the point he was making is not that he is selling real estate and making a commission, but that abuse could take place. Commissioner Scarborough stated he heard the Board does not pay realtors commissions, and that there was no misuse of a position; with Mr. Lamb responding there could be misuse in the future. Commissioner Higgs stated the process is open and does not exclude any real estate brokers. Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Contracts for Sale and Purchase with J. J. Vickers, Jr. for 1.41 acres at $6,345; L. England et al for 1.40 acres at $6,300; J. M. Raby for 1.45 acres at $6,525; D. Jacobs for 2.80 acres at $12,600; R. H. Cockrum for 1.41 acres at $6,345; C. A. Swanson for 1.41 acres at $6,345; J. C. LeDoux et al for 1.41 acres at $6,345; and B. H. Shanklin for 2.82 acres at $12,690 in Valkaria for the EEL Program; and authorize the Finance Department to issue checks for each acquisition at closing. Motion carried and ordered unanimously.

Commissioner Higgs advised there are people who speak to the Board because they have an interest in an issue, and to exclude them would be impossible. Commissioner Scarborough recommended the County Attorney give the Board a memo on abuse and what safeguards can be implemented, and a brief on competitiveness and anyone who has a favored position.

The meeting recessed at 10:00 a.m. and reconvened at 10:10 a.m.

PUBLIC HEARING, RE: RESOLUTION VACATING PORTION OF DITCH RIGHT-OF-WAY IN SECTION 22, TOWNSHIP 23S., RANGE 36E. - MALCOLM KIRSCHENBAUM, TRUSTEE

Vice Chairman Voltz called for the public hearing to consider a resolution vacating a portion of the ditch right-of-way in Section 22, Township 23S., Range 36E., as petitioned by Malcolm Kirschenbaum, Trustee.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to continue the public hearing on the resolution vacating a portion of a ditch right-of-way in Section 22, Township 23S., Range 36E., as petitioned by Malcolm Kirschenbaum, Trustee, until December 2, 1997. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN BAREFOOT BAY, UNIT ONE - ABBOTT MANUFACTURED HOUSING, INC.

Vice Chairman Voltz called for the public hearing to consider a resolution vacating public utility easements in Barefoot Bay, Unit 1, as petitioned by Abbott Manufactured Housing, Inc.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution vacating public utility easements in Barefoot Bay, Unit 1 (Lots 25 and 26, Block 25) as petitioned by Abbott Manufactured Housing, Inc. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN BAREFOOT BAY, UNIT ONE - ABBOTT MANUFACTURED HOUSING, INC.

Vice Chairman Voltz called for the public hearing to consider a resolution vacating public utility easements in Barefoot Bay, Unit 1, as petitioned by Abbott Manufactured Housing, Inc. There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution vacating public utility easements in Barefoot Bay, Unit 1 (Lots 33 and 34, Block 1) as petitioned by Abbott Manufactured Housing, Inc. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN BAREFOOT BAY, UNIT ONE - ABBOTT MANUFACTURED HOUSING, INC.

Vice Chairman Voltz called for the public hearing to consider a resolution vacating public utility easements in Barefoot Bay, Unit 1, as petitioned by Abbott Manufactured Housing, Inc.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution vacating public utility easements in Barefoot Bay, Unit 1 (Lots 36 and 37, Block 25) as petitioned by Abbott Manufactured Housing, Inc. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITIES AND DRAINAGE EASEMENT IN BAYTREE CORPORATE PARK - ROBERT M. PACKARD

Vice Chairman Voltz called for the public hearing to consider a resolution vacating public utilities and drainage easement in Baytree Corporate Park, as petitioned by Robert M. Packard.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution vacating public utilities and drainage easement in Baytree Corporate Park, as petitioned by Robert M. Packard. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: REQUEST FOR SERVICE AREA EXPANSION - FLORIDA CITIES WATER COMPANY

Vice Chairman Voltz called for the public hearing to consider a request from Florida Cities Water Company for expansion of its service area.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Cook, to approve service area expansion for Florida Cities Water Company to include the proposed development of Crystal Bay. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT TAX EXEMPTION TO NOKIA MOBILE PHONES, INC.

Vice Chairman Voltz called for the public hearing to consider an ordinance granting economic development tax exemption to Nokia Mobile Phones, Inc.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to reschedule the public hearing on the ordinance granting economic development tax exemption to Nokia Mobile Phones, Inc. to November 25, 1997, and authorize staff to advertise a revised public notice. Motion carried and ordered unanimously.

RESOLUTION, DISCUSSION OF OPTIONS, AND PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ANIMAL CONTROL FEES AND ORDINANCE CHANGES

Community Services Administrator Don Lusk introduced Jasper Trigg, Interim Animal Control Supervisor, and Joe Ward, the new Animal Control Supervisor. He stated the items before the Board are the results of Board directions on September 28 and October 14, 1997, requesting staff return with possible changes to the fines and fees resolution for animal control and options for strengthening the Animal Control Ordinance. He suggested starting with the fee resolution; and Vice Chairman Voltz agreed. Mr. Lusk advised staff did a quick survey of animal control fees in other counties; a task force reviewed the current fees and fines in relation to the other counties; and the goal was to impose stiffer penalties on animal owners who fail to comply with regulations that impact the health and safety of the public. He stated it is particularly true in the case of first offenses involving aggressive animals where they hope the fines will modify the behavior of animal owners. He noted revisions to the fines and fees fall into several categories--those involving aggressive animals, those situations which contribute to problems with aggressive animals, and those relating to public health. He stated currently Brevard County is on the low side of most of the comparisons with other counties; under the proposal, Brevard County will be on the high side; however, the Board has the option to seek a middle position between those extremes. Mr. Lusk advised the proposal includes new categories for aggressive attacks, with a fine differential depending on whether it is severe or minor, increases in fees for boarding and care of impounded animals, increases in hazardous and dangerous dog classifications, and increases in violations which contribute to dangerous dogs, such as animals at-large or causing property damage. He stated the Board can set those fines and fees at the amounts it believes are necessary to accomplish its objectives.

Commissioner Scarborough stated it was not the desire of the Board to increase all fees; some fees should be higher and others lower; vicious dogs are not the problem; but if the owners continue to leave the gate open and the dogs chase children or kill cats, etc. that is where the problem lies. He stated a small percentage of people who have tough dogs are not being responsible; the Board needs to look beyond the dog to the dog owner; and those who interfere with supervisor or officer can put their lives at risk, and should not be treated lightly. He stated cruel and inhumane treatment of animal has the same fine as animal defecating and urinating on property; animals need to be protected from people as well as people being protected from animals; and those two categories should be reconsidered to be tougher. He noted animal on park or beach and defecating or urinating on property have more than a threefold increase in the fines; he has not gotten many calls about those problems; and if they were problems, he would have heard from some people.

Commissioner Cook recommended increasing the fines and being more punitive where human injury occurs and where a dog is aggressive; and it should not quadruple fines for defecating on a sidewalk, and should deal with dangerous dogs, which is what the Board wanted to address. He stated the proposal addresses everything conceivable with regard to animal control, so there may have been a misunderstanding. Commissioner Cook recommended increasing the fines for interference with supervisor or officer, and combining hazardous and dangerous dog criteria as dangerous dog criteria. He stated rather than a fine for aggressive attacks and severe injuries, he would prefer to have the animal confiscated and destroyed after a determination is made through the proper procedures, and allowing the owners the ability to appeal.

Commissioner Higgs inquired when the fees were last revised; with Jasper Trigg responding March, 1997. Commissioner Higgs stated health and safety related items are important; and she has no problem increasing the fee for irresponsible pet ownership. She stated a severe fine should be kept for dangerous and hazardous dogs; cruel and inhumane treatment of animals carries a financial penalty and criminal possibilities; so there are some things that are taken care of outside the Ordinance. She reiterated animals at large, vaccinations, classification of dangerous and hazardous dogs, and confinement are important; and the fine structure should be clear about vaccinations, keeping animals under control, and when there is a bite or attack.

Vice Chairman Voltz inquired if the Board wants to leave the increase for interference with supervisor or officer; with Commissioner Scarborough responding he does not want County personnel abused; there should be heavy fines if they are interfered with; those personnel are already dealing with rough animals; and they do not need to deal with the owners also.

Motion by Commissioner Higgs, to approve staff's recommendation on the fine for interference with supervisor or officer. Motion died for lack of a second.

Commissioner Scarborough stated he is not in favor of $185 and would like to see it higher.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve $285 fine for first offense of interfering with supervisor or officer.

Discussion ensued on the appropriate fees.

Commissioner Cook clarified the motion to include $385 for the second offense, and $485 for the third and fourth offense.

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

Vice Chairman Voltz requested clarification of "violation of FAC 100-3, Rabies Report and Quarantine; with Mr. Trigg responding it relates to removing animals from a shelter that are under quarantine. Commissioner Cook stated if someone steals an animal from the shelter, it is a criminal offense.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve $200, $300, $400, and $485 for violations of FAC 100-3, Rabies Report and Quarantine. Motion carried and ordered unanimously.

Vice Chairman Voltz inquired if there is a definition for minor injury on aggressive attacks; with Mr. Trigg responding a minor injury could be a scratch or single puncture, whereas a major injury could require sutures and many lacerations or bites.

Commissioner Cook inquired if parents of a child playing with the family pet in the backyard and is bitten, would be subject to a fine; with Mr. Trigg responding there has to be a definite distinction between how it occurred and the severity of it. County Manager Tom Jenkins inquired under what circumstances will the penalty apply, and are the hospitals and doctors obligated to call Animal Control; with Mr. Trigg responding no, and Clara Gunde responding State law requires a doctor or hospital to report a bite, but this item says aggressive attack; and if a child is playing with a dog in the backyard, it would not be an aggressive attack. Commissioner Scarborough inquired if the aggressive attack definition can be worded so that it would never apply to a dog that is a resident in the home of the person bitten.

Discussion ensued on unprovoked assaults on owners, dogs attacking young children being bailed out by owners, definition of aggressive, family pets injuring a family member, obedience training, neutering, and leeway to make determination and a fine not be automatic.

Mr. Lusk advised an investigation is done, so it would not be an automatic process that the fine will apply; and it will depend on the results of the investigation. Commissioner Higgs inquired if it can be challenged in court; with Mr. Lusk responding yes. Commissioner Cook stated the Board should not force someone into court if he is roughhousing with the family pet; and inquired if there is a way to address it; with Mr. Jenkins responding staff could create a definition for "aggressive" in the ordinance which would clarify circumstances being described. Commissioner Scarborough recommended staff return to the Board with more language describing aggressive.

Discussion continued on Ms. Fitzgerald's attack by dogs, unprovoked attacks, family pets, minor and severe injuries, and confiscating an animal for aggressive attacks.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to set the fine for severe injury by an unprovoked aggressive attack at $485 for each and every attack, and leave minor injury as is. Motion carried and ordered unanimously.

Vice Chairman Voltz inquired if the Board desired to eliminate hazardous dog and keep dangerous dog as recommended by Commissioner Cook.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to combine hazardous and dangerous dogs into one classification of dangerous dogs, and establish a $485 fine across-the-board. Motion carried and ordered unanimously.

Vice Chairman Voltz advised failure to surrender animal also relates to interference with supervisor or office. Commissioner Scarborough stated surrendering of an animal could be non-confrontational and interference is confrontational. Vice Chairman Voltz requested a scenario where a person fails to surrender an animal; with Mr. Trigg responding it has not occurred. Vice Chairman Voltz inquired why it was included; with Mr. Trigg responding because it could easily occur.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve staff's recommendation for failure to surrender an animal at a fine of $285 every time. Motion carried and ordered unanimously.

Vice Chairman Voltz advised failure to vaccinate a dog or cat is a health issue and can be dangerous, so the fine should be much higher than $100. Commissioner Cook stated it is increasing from $25 to $100 so it is adequate.

Discussion continued on people who do not have their animals vaccinated, and lack of financial ability to retrieve an animal if the fee is too high.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve staff's recommendation for failure to vaccinate a dog or cat.

Vice Chairman Voltz inquired if it should increase to the maximum; with Mr. Lusk responding it becomes more of a safety net and deterrence, so the $285 would be adequate from staff's perspective. Commissioner Scarborough inquired if there is a penalty beyond the fourth offense; with Mr. Lusk responding no. Commissioner Scarborough stated it should read fourth and all subsequent offenses.

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

Vice Chairman Voltz inquired if the Board agrees with the fine for cruel and inhumane treatment of animals; with Commissioner Scarborough responding $85 is too light. Vice Chairman Voltz recommended $185 to $485.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to set the fines for cruel and inhumane treatment of animals at $185 for the first offense, $285 for the second offense, $385 for the third offense, and $485 for the fourth and subsequent offenses. Motion carried and ordered unanimously.

Vice Chairman Voltz inquired about failure to obtain rabies vaccination certificate and tag.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve staff's recommendation on failure to obtain rabies vaccination certificate and tag. Motion carried and ordered unanimously.

Vice Chairman Voltz inquired about dog/cat without rabies license tag. Commissioner Higgs inquired if that means they were vaccinated but do not have a tag on.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve the current fine for dog/cat without rabies license tag. Motion carried and ordered unanimously.

Vice Chairman Voltz inquired about dog/cat wearing rabies tag not issued, which means the owners swapped the rabies tags to let them outside. Mr. Lusk stated it could be accidental or purposeful.

Discussion ensued on dogs of the same breed and looks, and interchanging tags.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve staff's recommendation, and amend the wording to add "with an intent to deceive" after "dog and cat wearing rabies tag not issued". Motion carried and ordered unanimously.

Vice Chairman Voltz inquired about animal at large; and noted Commissioner Scarborough said the fine was too low. Commissioners Scarborough and Cook stated they do not have a problem with the animal at large fine. Commissioner Higgs recommended $100, $200, $300 and $400, because the $50 would not cover the cost.

Discussion ensued on owners looking for lost dogs, animals escaping from yards without the owners awareness, doubling the current fine, animals at large that are not dangerous, adding "if the dog is not properly vaccinated" to the criteria, traffic hazards, doors left open by small children, and no charge for first offense if the animal is properly tagged.

Commissioner Higgs inquired what percentage of phone calls deal with animals at large, how many are first offenses, and what is the indication of later problems with those animals; with Mr. Trigg responding staff averages about 100 calls a month for animals at large. Vice Chairman Voltz inquired how many are given back to the owners; wit Mr. Trigg responding about 80%, and the other 20% are retained for adoption or euthanized. Vice Chairman Voltz inquired if the owner pays $25 to pick up the dog; with Mr. Trigg responding the shelter manager may have more information on that since the shelters receive those fines. Clara Gunde stated the logical use of the citation for an animal at large would be when the owner is there and the Animal Control is going to pick the dog up, rather than picking it up, they write a citation and not impound the dog.

Discussion continued on dogs inflicting harm on people, dogs fighting with other dogs in violation of the Ordinance, dogs not spayed or neutered causing conflicts, traffic problems, responsible pet owners, difference between an animal that constantly attacks and a dog that is frightened and intimidated being at large, first time being a warning, field officer not knowing the number of offenses of animals, paper work involved, and sticking with the current fines.

Vice Chairman Voltz inquired if an officer in the field has the ability to know whether or not the offense is the first or second; with Mr. Trigg responding that information is readily available, and they can call dispatch and get that information before leaving the scene. Commissioner Higgs inquired if it is an indication of later problems with the dog; with Mr. Trigg responding he does not have the exact information, but it turns into a second offense in many instances.

Commissioner Scarborough suggested approval of staff's recommendation except for no fine for the first offense if the pet is neutered, properly tagged, and vaccinated. Commissioner Cook suggested the current fines with that caveat instead of the proposed fines. Vice Chairman Voltz stated it is a serious problem and needs to be addressed, so she likes staff's recommendation. Commissioner Scarborough stated he agrees on subsequent offenses but not on the first offense. Commissioner Higgs stated the first offense is an opportunity for people to understand that pet ownership is a responsibility; and sometimes they have to be shown through a penalty. She stated staff's recommendation increases the fine from $25 to $50, is not too high to discourage people from picking up their animals, and is reasonable.

Commissioner Cook suggested $25, $100, $200, and $400; and described a scenario of an elderly person and a dog which was picked up.

Discussion proceeded on dogs running all over neighborhoods causing problems, records kept on animals that are picked up, and resolving the problems and not using them to increase fines.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve the current fine for the first offense of animal at large, and increase the other offenses consistent with staff's recommendation.

Commissioner Cook stated he prefers $25 to $150, and then $250, $350, and $400.

Vice Chairman Voltz clarified the motion as $25, $150, $250, and $400 fines for animal at large; and called for a vote on the motion. Motion carried and ordered unanimously.

Vice Chairman Voltz inquired about creation of nuisance. Commissioner Scarborough inquired what is considered a nuisance; with Mr. Trigg responding a barking or whining dog. Vice Chairman Voltz described a scenario involving a lady from Palm Bay who has dogs living behind her house causing a nuisance and fear, and who is selling her house because she cannot handle the continuous barking. She recommended a heavy fine for creating nuisances.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve staff's recommendation for creation of nuisance.

Vice Chairman Voltz advised that would be $85 for the first offense, $185 for the second offense, $285 for the third offense, and $400 for the fourth offense.

Marilyn Smitty Hooper inquired what constitutes the first offense. She stated she lives on the river and has two dogs which she depends on to tell her if anyone is in her yard; they bark because people wonder through their grove to the house; and there is no way to control that. Vice Chairman Voltz inquired if they barked continuously for hours; with Ms. Hooper responding no, they bark occasionally. Mr. Trigg stated it is based on consistent barking. Commissioner Cook stated it would have to be a sustained barking for hours. Mrs. Hooper stated when police or fire engines go by with sirens they bark; with Vice Chairman Voltz responding it is not continuous. Vice Chairman Voltz inquired what is the meaning of nuisance in the ordinance; with Mr. Trigg responding the definition means disturbing the peace and quiet of any person by habitually or continually barking, howling, crying, screaming, or making other bothersome noises.

Discussion ensued on dogs being excited and barking when other dogs pass by, definition of nuisance in the ordinance, complainant affidavit, notice to dog owners with educational literature on how to control barking and minimize it, issuance of citation, affidavits from more than one neighbor, procedure followed when complaints are received, and neighborhood disputes.

Nellie Strickland advised the McClouds move into her neighborhood with three Weimaraners and pit bulls; and described their activities, trips, drug raids, fighting, and dogs barking which have caused lack of sleep for her and her sisters. She stated Animal Control's budget is over 100% of what it was in 1990; an officer finally came to her house after numerous complaints and left a form which she is to fill out with the times the dogs bark; and if her word and those of her neighbors are not good enough, then Animal Control should be discontinued. She stated the Chief of Police suggested she call Animal Control and establish a record; it has been going on for years; and she cannot go in her backyard because the fence is only three feet in height. She advised of messages and threats she received after calling about the dogs, and of her health problems; and noted there are plenty of County and City Ordinances that could cure the problems.

Vice Chairman Voltz requested staff address the issues raised by Ms. Strickland. Mr. Lusk advised staff will meet with Ms. Strickland and review the records to determine what they can do to improve the situation. Vice Chairman Voltz recommended staff send someone to Ms. Strickland's house.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct staff to analyze the changes that occurred between the 1989-90 budget of $626,000 to the current budget of $1.2 million, and report to the Board at the next meeting on the budget and what transpired in Ms. Strickland's neighborhood. Motion carried and ordered unanimously.

Ms. Strickland complained about the McClouds' activities, her lack of sleep and frustration, and her arrangement with the Titusville Police Department to verify the barking; and requested to be notified of any documents concerning dogs of any kind.

Commissioner Cook clarified the motion to increase the fine for nuisance, continue notifying individuals initially, then go with the first, second, third and fourth offense fines, with the fourth being $400 instead of $385.

Discussion ensued on the form sent to people to keep track of the times dogs bark, what is considered first offense, and cooperation of person offended to get evidence required for court. Mr. Jenkins advised staff can send the information about the affidavit on the first complaint. Vice Chairman Voltz inquired if there is criteria on completion of the form; with Mr. Trigg responding not at the present time, but staff can set up some definitive criteria. Discussion continued on the number of times complainant must report dogs barking, and the time period for tracking the nuisance. Mr. Jenkins stated the length of time it takes to fill out the affidavit depends on the severity of the problem. Ms. Strickland inquired if she could bring her neighbors as witnesses. Vice Chairman Voltz inquired if the neighbors also call in; with Ms. Strickland responding yes. Mr. Jenkins noted that is sufficient. Discussion proceeded on a list of items presented by Ms. Strickland on various activities.

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

Vice Chairman Voltz inquired about animal causing property damage, how often it happens, and what kind of damage occurs; with Mr. Trigg responding it happens often, particularly with cats that have a tendency to climb on automobiles and scratch them, and dogs that dig up yards and flower beds, crash through screen doors, attack clotheslines and damage clothes. Commissioner Cook inquired if the dog owners are responsible for the damages; and stated government should be the last resort to resolve disputes. Vice Chairman Voltz inquired if there is a possibility of setting a dollar limit on property damage.

Discussion ensued on significant and minor damages having different fines, homeowners insurance covering property damage, cats ruining paint on cars, $25 fine for first offense and escalating depending on the damage, warning if it is a minor infraction, defining minor and major damages, damage to other animals requiring veterinary treatment, defining the item in the ordinance, and events that have occurred and caused damages to screen doors, other domestic animals, and cars.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to define animal causing injury to another domesticated animal as requiring veterinary services, and property damage as being in excess of $100. Motion carried and ordered unanimously.

Vice Chairman Voltz inquired about animal defecating, urinating on property.

Commissioner Scarborough expressed concern that animal defecating and urinating on property with damage to an animal requiring veterinary treatment have the same fine. Commissioner Higgs stated she is not uncomfortable with the fines on the next four items.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to maintain current fines on the next four categories.

Commissioner Scarborough recommended keeping staff's recommendation on the last two items and the others be kept as is.

Vice Chairman Voltz questioned the meaning of confine or restrain an animal in a pickup truck; with Commissioner Scarborough responding it means as long as it cannot cause injury to people or itself by jumping out of the truck. Commissioner Cook advised there is specific criteria as to how a dog has to be restrained in a truck bed so it cannot jump out and hang itself; and described an incident where an unrestrained dog jumped out of a truck and attacked someone in Mims. Mr. Trigg stated the dog has to be restrained in the center of the truck bed. Vice Chairman Voltz inquired how will people do that; with Ms. Gunde responding the ordinance describes how they would do it; and the animal must be tethered from side-to-side or contained in a carrier so that he cannot jump out. Ms. Gunde stated the enforcement is very difficult. Vice Chairman Voltz advised dogs in truck beds at grocery store parking lots could be a dangerous situation.

Commissioner Higgs amended the motion to keep the first two items as is and change the second two items as recommended by staff; and Commissioner Cook accepted the amendment.

Vice Chairman Voltz advised the motion is the current fee for animals defecating, urinating on property and animals on beach or park; and staff's recommendation for failure to confine, restrain animal in pickup and confinement of female in estrus.

Ms. Gunde described the problems with people lacking information on female in estrus; described what can happen with a female dog in estrus; and recommended people who get a ticket be educated and have the option of getting the animal spayed in 30 days.

Commissioner Scarborough inquired how much does the operation cost; with Ms. Gunde responding a lot depends on the size of the animal and the veterinarian who does it; and it could range from $40 to $295. Commissioner Scarborough recommended a fine that would encourage people to get their animals neutered. Discussion ensued on citations, 30-day option, and breeders.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve staff's recommendation on female in estrus, with the caveat that people be given 30 days to spay their animals. Motion carried and ordered unanimously.

Mr. Lusk inquired about the increase in registration fees for hazardous and dangerous animals as proposed. Commissioner Cook inquired if it is a one-time fee or annual fee; with Mr. Lusk responding annual. Commissioner Cook stated that is $300 a year, and it is only for dangerous animals because hazardous was eliminated. He noted his preference was to destroy the animal, but the fee is significant.

Motion by Commissioner Scarborough, to accept staff's recommendation on the registration fee for dangerous animals. Vice Chairman Voltz advised the fee would be $300; and called for a vote on the motion. Motion carried and ordered unanimously.

The meeting recessed at 11:54 a.m. and reconvened at 1:01 p.m.

Mr. Jenkins inquired if the Board's intention was to revise the resolution and bring it back to the Board, or authorize the Vice Chairman to sign it; with Vice Chairman Voltz responding the intent was to amend the resolution as directed, and authorize signing of it.

PERSONAL APPEARANCES - MONA RAY AND MARILYN SMITTY HOOPER, RE: DONATION OF PLAYGROUND EQUIPMENT TO COUNTRY ACRES

Marilyn Smitty Hooper and Mona Ray, representing the Country Acres Auxiliary, advised they have been working to raise funds to build a facility at Country Acres; and requested acceptance of the playground equipment donated to Country Acres. They advised they have $20,000, will do as much of the work as they can, and will add piece-by-piece until it is completed.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to accept playground equipment donated to Country Acres, valued at $23,000, from the Country Acres Auxiliary. Motion carried and ordered unanimously.

Amendments to the Ordinance

Mr. Lusk advised the Board directed staff to review the Ordinance and return with options that would enhance protection of citizens from dangerous dogs; and the package contains those options. He stated they took information from citizens who spoke at various meetings, and made recommendations in three categories--changes to the Ordinance, suggested changes to the State law, and changes to Animal Control Policies and Procedures. He stated the proposed revisions to the Ordinance are conceptual and require additional legal review before writing the revised ordinance; and the Policies and Procedures, if not already changed, will be implemented within the next 30 days. He advised the changes to the Ordinance range from insurance requirements to mandatory education and suspension of animal owners rights. Mr. Lusk advised State law suggestions look at criminal offenses for failure to surrender an animal, automatic liens, and recovery of court and attorney fees. He noted the Policies and Procedures range from citing a whole pack of dangerous dogs as opposed to one dog to improve the criminal prosecution through the State Attorney's Office.

Elizabeth Page, Treasurer of the Brevard Kennel Club and Secretary/Treasurer of Florida Association of Kennel Clubs, advised there are many responsible dog owners in Brevard County; she does not understand why anyone would want to continue to own an animal that made an unprovoked attack on a human being or another domestic animal; and she does not understand people who would allow their dogs to run loose. She stated unprovoked animal attacks should be treated as felony assaults; the owner should be charged with a count proportional to the severity of the attack; and in the case of Mrs. Fitzgerald, the owners should be charged with attempted murder. She stated using it as a criminal offense will have a better chance of bringing dog owners to their senses; paying a fine does not seem to make a lot of difference; but putting them in jail for several years will get their attention. Ms. Page advised responsible dog owners support the Board's attempts to bring irresponsible dog owners to their senses; they support the increased fines and fees; and they do not object to the million-dollar homeowners policy for people with dangerous dogs, but since that coverage is not available, it may not be constitutional to require it. She stated they support animal control procedures which will make it easier and faster to get dangerous dogs off the streets; and people who create problems should not be allowed to get more dogs. She noted they support owner education on responsibilities of ownership and how to fulfill those responsibilities; and requested the Board not harm responsible owners in its desire to do something about irresponsible owners. Ms. Page stated establishing a limit on the number of dogs would be a great hardship on a lot of people who are law-abiding citizens; and gave reasons why people have more than two dogs. She noted she does pug rescue work and takes in dogs that are homeless; animal shelters call her when they have a pug that is deemed not adoptable; and she does it well because she knows she does not have to hurry to place the dogs and can keep them until a proper home is found. She stated most people take good care of their dogs; they never get off the property or cause problems; and requested the Board not do anything to harm those people.

Commissioner Scarborough requested staff address the number of dogs issue. Mr. Trigg advised currently a household is permitted to retain four dogs and unlimited number of puppies under six months of age.

Vice Chairman Voltz advised the first item is to establish up to a million-dollar homeowners insurance policy requirement for owners of dangerous dogs; and inquired if staff looked into insurance companies to determine if it is a viable option.

Mr. Lusk advised they did a little study and got different information from different insurance companies; however, it seems the one-million dollar policy is not a possibility. He stated the most anyone would write a policy for is $300,000 and it would cost about $500 a year, so a lot more research is needed on that item.

Vice Chairman Voltz referred the insurance policy item back to staff for more information.

Vice Chairman Voltz advised the second item is to establish mandatory education and training for owners of dangerous dogs; and inquired what the Board wants to do with that.

Commissioner Scarborough stated it is legitimate for people to keep dangerous dogs to protect their businesses, etc., if they are kept under control and do not harm anyone; it is the person letting a dangerous animal out that is the problem; and he supports education.

Discussion ensued on educating owners of dangerous animals, and difficulties in proving ownership of a dangerous dog.

Commissioner Higgs requested the County Attorney who is researching the issue comment on it. Assistant County Attorney Christine Lepore advised the State of California has a provision to suspend dog ownership for owners of dogs that are found to be dangerous for up to three years; staff is in the process of contacting municipalities and local governments in California to find out how they implemented that; but that statute and ordinances have not been challenged in court. Vice Chairman Voltz advised Senator Bronson said it would never get through the State Legislature. Commissioner Higgs suggested staff provide the Board with more information.

Vice Chairman Voltz advised the next item is research the possibility of holding the irresponsible pet owner accountable based on multiple Animal Control violations resulting in additional fines, temporary suspension of right to own animals, and permanent suspension of right to own animals. She stated the Board touched on that item.

Vice Chairman Voltz advised the next item is to clarify and define impoundment options to specify situations in which dangerous dogs can be impounded; specify that owners must be responsible to make periodic payments to shelters during the impoundment time period; and failure to make such payments shall constitute abandonment. She stated this item is needed; and inquired if the Board wants to do it; with Commissioner Scarborough responding staff should include it in the ordinance.

Vice Chairman Voltz advised the next item is to establish dangerous dog tags to be worn by dangerous dogs at all times. She inquired if that is being done now; with Mr. Trigg responding they do not have a specific identification for a dangerous dog. Commissioner Cook stated it is an excellent idea and the tag should be bright red or orange. Mr. Trigg noted it will be. Commissioner Cook stated it will put everyone on alert that the animal is dangerous.

Vice Chairman Voltz advised the next item is to review and revise applicable zoning laws to limit number of dogs per household and operation of kennels in residential areas. She stated kennels in residential areas need to be addressed. Commissioner Cook stated the current Code is against that, but he has no objections in reviewing it. Commissioner Scarborough stated the current law allows four dogs and unlimited amount of puppies under six months of age; he has not gotten calls on this item except Ms. Gunde's comments on dangerous pack of dogs that respond differently when they are loose; and it is the dog at bay that is the problem and not the dog that is confined. Commissioner Cook stated the current Ordinance addresses that. Commissioner Scarborough stated there is no reason to re-address the Ordinance on that issue. Commissioner Higgs stated the part that concerns her is people who operate breeding kennels in residential neighborhoods; there probably is a healthy safe number of litters a dog could have; and she would like to know that. She stated people selling dogs from the same parents is an issue that she would like to get more information on. Commissioner Cook stated that is a commercial operation and illegal in residential areas; however, he would not want to restrict someone from breeding their own animals. Commissioner Scarborough suggested talking to people involved with kennels; the dogs raised in a home that are pure-bred dogs is not the problem; the problem is the puppy farms which are almost inhumane situations for mass production of dogs to market. He stated he would not want to discourage people from responsible breeding of animals, but they should not have breeding cycles 17 times a year and run a commercial operation.

Vice Chairman Voltz advised the next item is implement revisions which require owners of dangerous dogs to improve secondary mechanisms to secure their animals. Commissioner Cook advised owners of dangerous dogs can buy dog runs and erect them inside fenced yards for double protection. Vice Chairman Voltz suggested requiring owners of dangerous dogs to put up their own fences, so that if their neighbors take down their fences, the yard would still be fenced. She inquired how could that be addressed.

Discussion ensued on neighbors taking down fences, requiring double fencing, dangerous dogs under sanction to be fenced in, monitoring dangerous dogs and conditions they are kept under, and dogs digging under fences to get out.

Ms. Gunde recommended dogs that are high liabilities and high risk for citizens be placed on a separate roster, and required to have visits from Animal Control twice a month, unannounced, to check the permit, enclosure, talk to neighbors, and stopgap some of those terrorists. Vice Chairman Voltz stated if they are charged $300 a year to register the dog which should cover monitoring.

Commissioner Scarborough inquired if a separate list is kept of dangerous dogs; with Mr. Trigg responding they are readily identifiable, but they do not have a separate list. Commissioner Scarborough stated a separate list could be helpful when Animal Control officers are out in an area and can readily see where a dangerous dog resides.

Vice Chairman Voltz advised the next item is establish provisions within the ordinance to require owners of dogs declared dangerous to sterilize the animal as a provision of release. Commissioner Cook inquired if it is a scientific fact; with Commissioner Higgs responding it makes a potentially dangerous dog less dangerous and keeps that particular genetic makeup from being reproduced, so it has a two-fold purpose. Vice Chairman Voltz suggested including it in the ordinance.

Changes to State Laws

Vice Chairman Voltz advised the first request is to institute criminal offenses for failure of an owner to surrender an animal to Animal Control officer. She noted the Board took care of that item in its fee resolution, and inquired if there are any suggestions from the Board.

Commissioner Higgs recommended staff comment on those suggestions. Mr. Lusk advised staff felt if they look at changes to the State law, one of the areas that could be toughened up has to do with failure to surrender an animal; and although it is in the ordinance and fines and fees, it would take it one step further and have the ability to assign a criminal offense to it. Commissioner Higgs inquired if it is for dogs declared dangerous; with Mr. Trigg responding it is any type of animal that the owner fails to surrender. Mr. Jenkins advised the item says dangerous dog, so if they do not turn the dog over, and it has been declared dangerous, it will give staff the ability to allow a law enforcement officer to go with them and make it a criminal offense.

Commissioner Scarborough stated the Board should not tell the Legislature how to do its job; and suggested it forward comments from the meeting to the Legislative Delegation and let them use their best judgment. Mr. Lusk stated he would do that.

Mr. Lusk advised the next item is when Animal Control fines are assessed, they automatically become liens on both personal and real properties if they are not paid; and it would be one more avenue for people to realize the County means business regarding dangerous dogs.

Commissioner Scarborough recommended it be forwarded to the Delegation with information. Commissioner Higgs stated they are good suggestions; and recommended the Chairman send a letter to the Delegation supporting both changes, and asking it to consider them.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize the Vice Chairman to send a letter to the Legislative Delegation supporting changes to State laws regarding failure to surrender a dangerous animal being a criminal offense, and Animal Control fines that are assessed automatically becoming liens on personal and real properties if they are not paid. Motion carried and ordered unanimously.

Mr. Lusk advised the third change is to require the dangerous dog owners to pay attorney's fees and costs when the County prevails in court actions relating to dangerous dogs.

Commissioner Cook stated the County can recoup those fees if a judge determines the appeal is without merit. County Attorney Scott Knox advised it would have to be completely frivolous for the judge to award attorney's fees. Commissioner Cook stated it should not be made unduly difficult to question the County or inhibit a citizen's right to say the County is wrong; but in those cases that are truly frivolous, the Board has an opportunity to recoup the fees.

Vice Chairman Voltz inquired if the Board wants to do anything with that change; with Commissioner Cook responding no.

Animal Control Policy and Procedure Changes

Vice Chairman Voltz inquired if the Board wished to make changes to the policies and procedures; with Commissioner Higgs responding staff has implemented most of those changes. Mr. Lusk stated they have implemented Item 1 and will have most of them implemented within the next 30 days.

Vice Chairman Voltz suggested Animal Control officers be able to use stun guns when approaching a pack of dogs; and inquired how much they cost; with Mr. Lusk responding they can do it administratively if there is a need. Commissioner Cook expressed concern that the gun could be stolen by a child who could shock another child. Discussion ensued on a procedure for issuing stun guns. Mr. Trigg advised they have the use of chemical immobilization if necessary; and it is a dart gun that can be used in those situations.

Vice Chairman Voltz advised someone sent her an ordinance from Dade County where they have outlawed pit bulls. Commissioner Cook stated the County Attorney said it is impossible. Ms. Lepore advised there is a provision in the State law which outlaws breed discrimination; however, for those ordinances and laws that were in existence prior to 1990, they still stand and were grandfathered in. Vice Chairman Voltz noted the Dade Ordinance was passed in 1989.

Ms. Gunde advised some owners of offending animals who are called and advised of the fees to pick up their animals, tell the shelter to keep the animals; and the way the system works, those persons walk unless Animal Control has a mechanism to go to their houses and issue citations because the Humane Society has the expense of adopting out the animals or euthanizing them.

Mr. Lusk stated that was reviewed when they discussed impounded animals and failure to make regular payments constituting abandonment; however, they did not discuss a fine. He noted they will research it as part of their review of the Ordinance.

Commissioner Cook inquired if anyone can bring an animal to the shelter and drop it off; with Ms. Gunde responding they accept those animals daily at no charge; but she was referring to Animal Control bringing dogs into the shelter with tags, owners are called and advised of their bill to get the dog out, and they say keep it. She stated the shelter is faced with keeping the dog for six days, vaccinating it, doing heartworm check, etc.; and the owner does not pay a penny. Commissioner Cook inquired why would they pay the citation if they will not pay the bill; with Ms. Gunde responding they would have to go to court if they do not respond in ten days, and the judge would decide what they would or would not pay.

Vice Chairman Voltz inquired if the owners say they do not want the dog, it should be put down immediately instead of six days later; with Ms. Gunde responding legally they are mandated to keep the animal for a certain number of days without a release from the owner. Mr. Lusk advised staff can research that issue as part of their review process.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN MELBOURNE HEIGHTS, SECTIONS B AND C - BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS

Vice Chairman Voltz called for the public hearing to consider a resolution vacating rights-of-way in Melbourne Heights, Sections B and C, as petitioned by the Brevard County Board of County Commissioners.

Buzz Tietig, representing Farm and Grove Realty, advised the vacating is to clean up an old plat; the plat has city blocks two acres in size, composed of 22 lots that were about 20 feet wide by 132 feet deep; and the lots have roads on all four sides which is not the way to do residential lots. He stated he asked the County to amend the plat 16 years ago, and it is finally doing it; the simple way is to take every other north/south and east/west road and legally erase them by vacating; and that would leave an eight-acre rectangle containing four two-acre corner lots and a 50% reduction in the roads and drainage structures. Mr. Tietig stated the County went another way with a plan that would eliminate most roads; that is not what the people want; it chops up everything; and in one area of 48 lots there are five different dead end streets. He stated when he could not work with the County staff, he created a poll and sent letters to people who owned the 48 lots, asking what they wanted--his plan, the County's plan, or leave it as is; 23 said they wanted his plan, one said he wanted the County's plan, and four said no change. He stated the memo given to the Board contains a legal description with a few changes that would provide a square configuration; and requested the Board pass the resolution with his legal description instead of the one it presently has.

Commissioner Higgs inquired if Mr. Tietig's plan creates corner lots for a few people; with Mr. Tietig responding it creates corner lots for everybody; and it would be an eight-acre rectangle containing four corner lots. Commissioner Higgs advised there are people interested in vacating; haphazard vacations created dead ends for some streets; and the County looked at this to keep from having long-term problems. County Surveyor Beverly Sutphin advised the streets on the map that have stars are already vacated. Commissioner Cook inquired if they have access via the road on the south side; with Commissioner Higgs responding they do not have access problems. Commissioner Higgs inquired how staff came up with the particular configuration suggested on the Agenda item; with Ms. Sutphin responding when the request came to staff originally, they set up a team that included Ms. Busacca, Ms. Heller, Mr. Osborne, Debbie Coles, and her to look at the maximum number of roads that could be eliminated without denying legal access. Commissioner Higgs inquired what is the difference between the County's plan and Mr. Tietig's plan; with Ms. Sutphin responding she did not have an opportunity to properly study the Farm and Grove plan, and determine if there would be anyone denied legal access.

Discussion ensued on maximizing the number of vacations to minimize the number of streets the County would have to maintain, opportunity to review Mr. Tietig's plan, and legal access.

Commissioner Cook stated the proposal should reduce the number of streets and density by half; with Commissioner Higgs responding it would not reduce the density because everybody would have a buildable lot. She stated in reviewing Mr. Tietig's plan, it seems certain properties would be enhanced financially because of the configurations that would result from his recommendation; and she felt uncomfortable supporting a recommendation that would seem to enhance particular people's properties. She noted she cannot support it because it would not maximize vacations and would enhance some properties over others.

Discussion continued on buildable lots, size of lots, density, road patterns, deleting half the roads, submittal of Mr. Tietig's plan, Mr. Tietig's poll results, and objections from Florida Power & Light Company.

Mr. Tietig advised he talked to a representative from Florida Power & Light Company who said he could not understand the layout from the County and what it would look like; but when he explained what it would look like, with four lot blocks instead of each lot, he had no problem. Vice Chairman Voltz requested Mr. Tietig get that in writing from Florida Power & Light Company and meet with Ms. Sutphin. Mr. Tietig advised this is an experimental portion; there are four other sections in the County that have the same problems; and the Town of Malabar has the same problems. He stated the Board has to get a coordination of all the sections and coordinate with the Town of Malabar, so whatever plan it goes with, it will work in every aspect.

Commissioner Scarborough requested an opportunity to review Mr. Tietig's plan and the County's plan to determine the pros and cons of each plan.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to continue the public hearing to consider a resolution vacating rights-of-way in Melbourne Heights, Sections B and C, as petitioned by Brevard County Board of County Commissioners to December 2, 1997, and direct staff to bring back both potential plans and talk with Florida Power & Light Company to be sure the vacating is acceptable. Motion carried and ordered unanimously.

AWARD OF BID, TRANSFER OF FUNDS, AND AGREEMENT WITH QUALITY MAINTENANCE AND REPAIR, RE: SOUTH MAINLAND LIBRARY AT MICCO

Jeanne Osborne requested awarding funds for South Mainland Library, as the expansion has been on hold because bids were too high. She stated Cape Canaveral was awarded more money for less space than the South Mainland Library; something is wrong; and the longer they wait to complete the project, the more it will cost.

Joy Bent advised they are happy to get any funds, and inquired if equipment money and furnishings came from the Library Budget. She stated the money has been set aside so long that it should be gaining interest and growing.

Commissioner Cook inquired what is the total cost; with Facilities Construction Director Sam Stanton responding $507,975.

Library Director Kathryn Stewart advised the Board set aside half of the furniture funds for construction as needed.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to award Bid #B-3-7-90, Construction and Renovation of South Mainland Library at Micco, to Quality Maintenance and Repair; approve transfer of funds to provide required funding for the project; and execute Agreement with the contractor for the project, including Alternatives 1 and 2. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 TO AGREEMENT WITH HEWITT CONTRACTING COMPANY, INC., AND FINAL PAYMENT AND RELEASE OF RETAINAGE, RE: CDF EAST SIDE SLOPE CLOSURE PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Change Order No. 1 to Agreement with Hewitt Contracting, for completion of work on the East Side Slope Closure Project at the Central Disposal Facility, reducing contract price by $122,261 due to use of substitute material; and authorize final payment and release of retainage to Hewitt for the project. Motion carried and ordered unanimously.

RESOLUTION AND FINANCIAL GUARANTY AGREEMENT WITH MBIA INSURANCE CORPORATION, RE: REPLACEMENT OF RESERVE FOR SALES TAX REVENUE BONDS, SERIES 1993, WITH SURETY BOND

Commissioner Cook inquired if the change will result in a savings to the County; with County Manager Tom Jenkins responding yes, because it will be able to use the reserve dollars.

Commissioner Scarborough inquired if it was approved by the Board as part of the budget; with Budget Director Kathy Wall responding yes.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution authorizing the substitution of a surety bond for the $2,987,674 Sales Tax Revenue Bonds, Series 1993 Reserve; approve the Revised Commitment to Issue a Debt Service Reserve Surety Bond from MBIA Insurance Corporation and documents related thereto; and authorize the Chairman to sign other related documents necessary to effect a closing of the transaction, including the Financial Guaranty Agreement with MBIA Insurance Corporation. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE ESTABLISHING METHOD FOR FILLING UNEXPIRED TERMS FOR PORT ST. JOHN DEPENDENT SPECIAL DISTRICT

Maureen Rupe advised she is speaking as an individual, and the fastest and simplest way to resolve the problem is to take the first one on the list of unsuccessful candidates.

Commissioner Scarborough inquired who was that person; with Ms. Rupe responding Bill Bernhardt. Commissioner Cook stated the next person does not mean he would have been voted in; and since it is an advisory board, maybe the Board should appoint someone. Commissioner Scarborough stated he has a problem with that; it is an elected board; there is one year left; and if the Board does not want to go with Mr. Bernhardt, then he would prefer to defer to the elected board.

Vice Chairman Voltz advised if a council member leaves a city and there is six months left to his or her term, they appoint someone until the term is up; and if there is more than six months, they hold an election, but in the meantime they appoint someone. She noted the next person down may not be the choice of some members of the board.

Commissioner Higgs suggested the member be selected by a majority vote of the advisory board to serve until a new member is elected; and if two years remain, that seat be filled by election for the remaining two years at the next general election.

Discussion ensued on appointment of Mr. Bernhardt, the advisory board voting on the appointment, granting permission to advertise, and the advisory board returning with recommendations.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant permission to advertise a public hearing to consider an ordinance establishing a method to fill unexpired terms on the Port St. John Dependent Special District; and request the District Board to provide recommendations on the method it prefers.

Commissioner Higgs recommended the ordinance cover every situation; and Commissioner Cook recommended the ordinance provide for sunset.

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

Commissioner Scarborough inquired about an interlocal agreement; with Community Development Services Administrator Peggy Busacca responding they will bring it to the next meeting.

DISCUSSION, RE: 1998 LEGISLATIVE PROPOSALS

Commissioner Higgs recommended Item I.5, create 327.511, Florida Statutes, and amend 327.73, Florida Statutes requiring propeller guards on motorboats operated on Florida waters not be sent forward, as the State is doing a study, and the Legislature will not act until the study is completed.

Charles Moehle, representing Modern, Inc. advised Item I.2, amend Chapter 695, Florida Statutes, regarding record of conveyances of real estate, provides for putting information on a deed by the Clerk to make people aware they are buying unbuildable or useless land. He stated sections (g) 1 and (g) 2 are okay, but (g) 3 says the Clerk must make a determination whether the property is or is not consistent as of the date the acknowledgment is made, with each Comprehensive Plan and zoning ordinance to which it is subject. Mr. Moehle advised that is a large requirement; subdividing could be just taking off a piece of land and giving it to someone; so that section needs to be further reviewed before it goes on the books.

Commissioner Scarborough advised the statement was only to be that the lot is unbuildable; and (g) 3 could place the Board in a position of equitable estoppel by an error of its employees. He stated it may not be in the County's best interest to proceed with this proposed bill.

County Attorney Scott Knox advised the bill is a legal nightmare, and putting that statement on a deed is not a good idea because the ramifications are quite deep.

Commissioner Higgs stated she is not sure it is the right solution, but there is a problem that needs a solution. Commissioner Scarborough recommended Mr. Knox write a memo to the Board explaining the concerns on equitable estoppel.

County Manager Tom Jenkins advised staff generated the bill last year; and the Board may want to withdraw it until it has a better approach, and ask Mr. Knox to research it to see if there is a better way. Planning Director Mel Scott advised the bill was sponsored three years ago and is a consumer protection bill. Mr. Moehle stated Modern represents over 4,000 acres and has not had a problem; and he brought this bill to the Board's attention because it is not well thought out.

Mr. Moehle advised Item I.3., amend 373.073 and 079, Florida Statutes, to provide for election of members of the Florida Water Management Districts, is a good idea to promote and long overdue; the St. Johns River Water Management District has gone from $4 million to $168 million plus unknown dollars through permitting and mitigation; and they are not accessible to the taxpayers, but levy a tax. He stated their original charge was flood control, but they have developed their own rules and tend to lose sight; no one tells them they do not pay attention to the public; reforms have not worked; and putting them under the purview of the Legislature is a good option.

Vice Chairman Voltz advised Item I.1, is to exempt part time permanent and temporary employees from the Florida Retirement System participation.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to include the general bill to exempt part time permanent and temporary employees from the Florida Retirement System participation.

Commissioner Higgs advised the bill asks the Legislature to treat counties the same as the State and exclude those employees. She noted it would save $597,000 the first year. Mr. Jenkins advised they usually work a few years then leave. Commissioner Cook stated currently the County has to contribute to the retirement system for someone who will not be employed until retirement.

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

Item I.2, Amend Chapter 695, Florida Statutes, record of conveyances of real estate. Mr. Jenkins advised that has been discussed earlier.

Item I.3. Amend 373.073 and 373.079, Florida Statutes, to provide for election of members of the Florida Water Management Districts.

Commissioner Cook stated any board that levies taxes should be elected.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve submittal of Item I.3. Motion carried and ordered unanimously.

Item I.4. Amend Section 112.313(7), Florida Statutes, authorizing counties to waive conflicts of interest allowing certain employees to engage in outside employment.

Commissioner Cook advised he still has concerns about this proposed bill. Commissioner Scarborough suggested the bill be deleted at this time.

The Board deleted Item 1.4 for further information.

Item I.5. Create 357.511, Florida Statutes, amend 327.73 Florida Statutes, requiring propeller guards on motorboats operated on Florida waters.

The Board deleted Item I.5 as recommended by Commissioner Higgs.

Item I.6. Amend 320.08056 and 320.08058, Florida Statutes, creating a Florida companion animal license plate.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve Item I.6 for submittal. Motion carried and ordered unanimously.

Item I.7. Amend 374.977, Florida Statutes, prohibiting uses of Florida Inland Navigation District (FIND) funds for manatee signs.

Commissioner Higgs stated she cannot support this proposed bill because the Board should not tell FIND what signs it can put up. She stated it is their responsibility, and the Board would be telling them they cannot put up regulatory and educational signs.

Commissioner Cook suggested addressing this bill when Commissioner O'Brien returns and add it to the package as a late entry. He also suggested Items I.6, 7, 8, 9 and 10 be held until Commissioner O'Brien returns so he can explain his feelings about those proposals.

The Board postponed Items I.6, 7, 8, 9 and 10 until Commissioner O'Brien returns.

Item I.11. Amend 768.28(2) and (9)(b), Florida Statutes, to include not-for-profit volunteer fire fighters in definition of State agencies or subdivisions and as employees.

Vice Chairman Voltz advised it includes provisions to protect the County and volunteer fire fighters. Commissioner Higgs stated the Board also discussed liability issues regarding donation of fire trucks.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve Item I.11 for submittal. Motion carried and ordered unanimously.

Item I.12. Amend 192.042, Florida Statutes, fractional assessments.

Commissioner Cook advised it is the first time this bill has been in the Board's package; however, it has always been proposed with no chance to pass. He recommended the item be deleted. Vice Chairman Voltz advised in general she supports partial-year assessments. Commissioner Cook stated there is no mechanism, and it would be difficult to come up with a fair and just assessment or manner of doing it.

The Board deleted Item I.12 from the Legislative Package.

II. APPROPRIATION REQUESTS AND RESOLUTIONS

Item II.1.A. Shore Protection Project Design funding; B. Shore Protection Project Construction Funding; and C. Beach Access/Dune Rehabilitation Funding.

Environmental Services Administrator Stephen Peffer advised A and B are for sand on the beaches, and C is for crossovers and repair of the dunes. He stated Canaveral Port Authority asked for these funds.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve submittal of Items II.1, A, B and C as proposed. Motion carried and ordered unanimously.

Item II.2. Florida Marine Patrol Staffing and Funding.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Item II.2. for submittal. Motion carried and ordered unanimously.

Item II.3. Foster/Shelter Care Reimbursement Rate Increase.

Community Services Administrator Don Lusk advised the State only reimburses half the cost at Country Acres, and this request is for the full amount.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Item II.3. for submittal. Motion carried and ordered unanimously.

Item II.4. Resolution Requesting State Funding for Widening of U.S. 192.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution requesting the Brevard Legislative Delegation supporting continued State funding to match federal appropriations for widening of U.S. 192 to a four-lane divided highway between I-95 in Brevard County and St. Cloud in Osceola County. Motion carried and ordered unanimously.

Item II.5. Resolution Requesting State Funding for Widening of SR 520.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to adopt Resolution supporting the widening of SR 520 to a four-lane divided highway between I-95 and SR 50 in Orange County, and requesting funding in the FY 1998 Florida Transportation Budget. Motion carried and ordered unanimously.

Item II.6. Resolution requesting Article V Funding

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution urging the Brevard Legislative Delegation to support State fulfilling its obligation to fully fund the State Court System. Motion carried and ordered unanimously.

II.7. Request for Homesite of Harry T. and Harriette V. Moore be Designated a State Park.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approved Item II.7. for submittal. Motion carried and ordered unanimously.

Item II.8. Request for Funding of Barge Canal Boat Ramp Construction.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve Item II.8 for submittal. Motion carried and ordered unanimously.

SECTION III. RESOLUTIONS

Item III.1. Resolution objecting to Florida Administrative Code Fees.

Parks and Recreation Director Chuck Nelson advised when the County participates in acquisition of lands, such as the Save Our Coast Program, the State later assesses fees; and the State built the Florida Highway Patrol Station on County land and is assessing the County fees. He noted there are other counties that object to the fees; Brevard has annually brought it forward and not paid the assessments; and State is not sure what to do about that.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution requesting the Brevard Legislative Delegation delete Florida Administrative Code Rule 18-2 requiring payment of administrative fees. Motion carried and ordered unanimously.

Item III.2. Resolution Requesting Reimbursement for Medicaid Contributions.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution urging the Brevard Legislative Delegation, Governor Chiles, and the Florida Legislature to reimburse Brevard County for its proportionate share of funds paid to the State for Medicaid hospital and nursing home billings pursuant to the Settlement Agreement with the American Tobacco Industry. Motion carried and ordered unanimously.

Item III.3. Objecting to Certain Florida Administrative Code Criteria for State Aid to Libraries Funding

Vice Chairman Voltz objected to the requirement of being certified by the American Library Association (ALA) in order to receive State funds for libraries; and Senator Bronson and Representative Futch said it should not be a requirement. Commissioner Cook inquired if the Board wants to add ALA or other accredited library program.

Discussion ensued on universities not accredited by ALA, masters degrees in library science required for librarians, other accreditation agencies, and disagreement with ALA's agenda and philosophy.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to table Item III.3 for additional information from Vice Chairman Voltz. Motion carried and ordered unanimously.

Vice Chairman Voltz advised the legislative package is due November 18, 1997; the Board has a meeting scheduled at 5:30 p.m. to choose a new chairman; and inquired who will present the package; with Commissioner Cook responding the Board could make it a short meeting or delay it until after 7:00 p.m.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to amend the Board Meeting Schedule to schedule November 18, 1997, as a day meeting. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - BRIDGETTE SULLIVAN, RE: CHANGING CODE ENFORCEMENT POLICY TO ACCEPT ANONYMOUS COMPLAINTS

Bridgette Sullivan advised she made two complaints; her name is on the County records; and recommended Code Enforcement accept anonymous complaints, obtain the name and address of the violators and how long the violation has been going on, and tell the complainant to call back in three days to find out who will handle the case. She described Dade County's procedure for handling code violations.

Maureen Rupe, Chairman of the Board of Port St. John Homeowners Association, stated not taking anonymous calls cuts down on the number of calls; old people and young mothers are afraid to report violations; the Port St. John Homeowners Association was taking calls from the community and passing them on to Code Enforcement; but it has now taken a position that it cannot take calls for code violations. She stated code enforcement officers ride pass violations every day and cannot do anything unless it is called in; they should be able to report violations and take care of it; and not taking anonymous calls discourages citizens from reporting someone who is breaking the law.

Charlie Burns advised this item was addressed on August 19, 1997, and there was no intent to return to anonymous complaints; being a victim of Code Enforcement, he has no love for them; and people telling property owners how to plant, etc. is foolish and ridiculous. He recommended the Board not give Code Enforcement more power with anonymous complaints, as the public has a right to know.

Commissioner Cook advised complaints about violations that are health and safety issues can be anonymous; the policy was adopted on the recommendation of a citizen review panel; and the problem was the County spent a lot of money and hours responding to non-violations. He stated mowing of lawns was given to Road and Bridge.

Ms. Sullivan stated when she called about the pool, she was asked for a name, address and phone number; her house on North Merritt Island has gone up in value by $16,000 in seven years, but her house in Port St. John has not gone up for four years; and there are only a few people who are breaking the laws. Commissioner Cook stated a swimming pool is a health and safety factor; and inquired why the caller had to give her name.

Commissioner Scarborough stated it is a deterrent and render codes ineffective; and recommended the Board allow one time anonymous calls on one property. Vice Chairman Voltz inquired how would it be handled; with Commissioner Scarborough responding code enforcement officers could drive by the property to determine if there is or is not a violation. Vice Chairman Voltz inquired if there is a way to monitor that situation; with Roger Lyles responding each officer handles 600 complaints a year; they have five officers; and when the procedure changed, it cut more than 100 complaints a month. Vice Chairman Voltz inquired if there is a mechanism to track one-time calls; with Mr. Lyles responding they have a computer, but they will not know who called it in. Commissioner Scarborough stated complaints from the same neighbor are the ones the Board wants to stop. Vice Chairman Voltz recommended staff prepare appropriate language to address the one-time calls.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve a one-year trial period for a policy allowing one anonymous complaint per year per property with no further complaints accepted if no violation is found; and direct staff to draft a policy and return it to the Board in two weeks. Motion carried and ordered unanimously.

Commissioner Cook advised for health and safety reasons, those calls should always remain anonymous.

Pete Swider stated anonymous complaints waste time if there is no violation when the officer goes to investigate.

The meeting recessed at 3:39 p.m. and reconvened at 3:55 p.m.

PERSONAL APPEARANCE - EDWARD C. TIETIG, RE: CRIMINAL JUSTICE SYSTEM

Edward C. "Buzz" Tietig, Chairman of the Criminal Justice Committee of Brevard Chapter of Civil Liberties Association, advised last year the Board considered 1% tax levy or $39,600,000 to build a bigger jail, but people turned it down; there is overcrowding at the jail; 300 people sleep on the floor every night; it is pass the legal maximum; and most of it can be eliminated by modernizing the process. He stated the Sheriff, Judges, State Attorney, Public Defender, Clerk, and County Manager are all part of the system; and the major reason for the problem is a lack of communication. He noted a list of suggestions that were given to the Commissioners last week involving bail reduction, use of computers to expedite procedures, judges sharing duties on first appearances and arraignments, judges not accepting pleas, quick diversion program or fast track system, pre-trial investigations, and classification of prisoners which could reduce the jail population and treat the taxpayers and prisoners right. He suggested F.I.T., U.C.F., Harris, or some data company look at the system and measure it, and Mr. Jenkins keep statistics on prisoners to see if it is working instead of spending $40 million.

Public Defender J. R. Russo advised early resolution in Seminole County is working, and 40 to 45% of the cases are resolved before trial; and it worked because the State Attorney put good personnel there, and they are in the same building. He stated they tried it in Brevard County for the last half of 1996, but it did not meet with success because the State Attorney did not have the personnel to move it along with pleas. He noted the State Attorney is willing to do it again when they move to Viera; and if he is, then his office will put the manpower to make it work because it is a tremendous savings to his office as well as the County. He stated during pre-sentence investigations, about 97% plead and 3% go to trial; and the 45 days can be shortened to 3 to 5 days. Mr. Russo advised the problem is what control does the Board have over the system; it does not control the budgets of the State Attorney, Judges or his Office; and the only thing is to come up with recommendations to a group to study those things and implement them to save a lot of money.

Mr. Tietig advised Mr. Jenkins and Ms. Parker kept it going because it was a sick process; and if it was not for Ms. Parker, it would have collapsed. He stated the Board has good personnel, funds, and the power to improve the situation with minor cost for computers.

Assistant County Attorney Shannon Wilson advised a number of the suggestions were looked at by the Jail Oversight Committee; there is another committee called the Public Safety Coordinating Council, comprised of the State Attorney, Public Defender, Probation Department, and elected officials that discussed those propositions; so there may be avenues to continue the efforts.

Mr. Tietig stated the Jail Oversight Committee has not met as it should; Judge Richards and Ms. Parker did a good job, but no one questioned the system; he made a presentation to the Committee and they said it was not their job; and requested the Board make it its job because it has the professional staff and the power.

Commissioner Cook stated the Jail Oversight Committee can look at bail reduction and early resolution by working with the State Attorney; and the Board can comment, recommend, interact, and talk with them to expedite the system, but it has no authority over them. Commissioner Higgs advised the Board has a member on the Public Safety Coordinating Council; and those items can be taken to the meeting so they can explore the recommendations. Commissioner Scarborough stated he would meet with Mr. Russo and Mr. Wolfinger to determine the right format to accomplish things. Mr. Russo noted there are some things the Public Safety Council could do. Commissioner Scarborough suggested it be put on the agenda and information sent out to the members.

Larry Reid advised there are many things wrong with the Criminal Justice System in Brevard County, from creating bad laws to enforcement of those bad laws; the overcrowding in Sharpes is incredible; people are sleeping on floors; and the conditions are intolerable. He stated 75% of the prisoners are in jail for nonviolent misdemeanors, and most have not been to trial yet; crime does not stay level and goes up and down; but the jail population is consistent. He stated there is no way to get water except from the side of the sink; it is always freezing in the jail; there are no toilet seats and many share one bathroom; and everything is unsanitary. He noted they do not change clothes except two times a week; and recommended the Board stop jailing nonviolent people.

Glenn Pinfield presented a handout to the Board, and stated the County could stop arresting people for political crimes; he was arrested April 21, 1997 for distributing literature outside of the courthouse and telling the arresting officer he violated his constitutional rights. He stated he has been to court seven times; and advised of his experience with the court system. He also mentioned the deplorable conditions in the jail; and recommended they stop arresting people for political crimes.

Commissioner Cook stated Mr. Tietig's recommendations are interesting; and he does not endorse all of them, but the Committee should look at them. Commissioner Scarborough stated he would like to forward copies of Mr. Tietig's recommendations to the Committee and invite Mr. Tietig to represent his views then come back to the Board with recommendations. Mr. Jenkins advised he will schedule it on the agenda in the next week or two and advise Mr. Tietig.

Vice Chairman Voltz recommended staff also look into what is going on at the jail. Commissioner Scarborough stated they should look into that with the Sheriff and find out what conditions exist and report back to the Board.

PERSONAL APPEARANCE - WALTER JACKSON, STAND DOWN BREVARD, RE: REPORT ON STAND DOWN BREVARD'S PROJECT AT COCOA NATIONAL GUARD ARMORY

Walter Jackson, representing Stand Down Brevard, read a report; advised of the services provided to 65 veterans in need of services such as dental, hearing exams, eye exams, medical, food, hair cuts, and job search; and noted 108 volunteers, including Vice Chairman Voltz, helped with the project. He stated Leonard Spielvogel assisted with legal matters; there were doctors and dentists providing free services; and the County provided funds to assist with the project. He noted they are not asking for money this year; the money is in a treasury that will be used for the next stand down '98; there is question of who will handle it this year because of his workload; but they will need the armory to take care of their own. He thanked the Board for funds that were given to them.

Vice Chairman Voltz thanked Mr. Jackson for his hard work; stated she spent a day there and it was rewarding; and noted there are funds for homeless shelters; and Mr. Jackson would contact staff for that. Mr. Jenkins noted if they have a facility problem, the County may have a facility they could use. Mr. Jackson stated they may not have a facility problem, but transportation will be helpful.

AGREEMENT WITH BREVARD ALZHEIMER'S FOUNDATION, INC., FORMAT II ENVIRONMENTAL ASSESSMENT, AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS AND CERTIFICATION FORM, RE: WICKHAM ROAD ADULT DAY CARE FACILITY

Vice Chairman Voltz objected to giving $50,000 of CDBG funds to the Alzheimer's Foundation.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Format II Environmental Assessment Booklet, Notice of Intent to Request Release of Funds, and Certification Form; approve publication of Notice to Public of no significant impact on the environment, Notice to public of release of funds, and State of Findings and public explanation for floodplain management; and execute Agreement with the Brevard Alzheimer's Foundation, Inc. for $50,000 of CDBG funds to construct a day care and service facility for Alzheimer patients and their families on Wickham Road. Motion carried and ordered; Commissioner Voltz voted nay.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 4:50 p.m.

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

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