The Board of County Commissioners of Brevard County, Florida, met in special session on September 25, 1997, at 5:01 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Randy O'Brien, Commissioners Truman Scarborough, Nancy Higgs, Mark Cook and Helen Voltz, Community Development Administrator Peggy Busacca, and Assistant County Attorney Eden Bentley. Absent were: County Manager Tom Jenkins and County Attorney Scott Knox.

Commissioner Randy O'Brien led the assembly in the Pledge of Allegiance.

DISCUSSION, RE: NORTH BREVARD ANIMAL SHELTER SERVICES

Community Services Administrator Don Lusk stated the current provider of services for North Brevard Shelter is SPCA; it has been operating the Shelter under Contract with the County since January, 1994; staff became aware of some potential operational issues as a result of concerned citizens coming forth; and in February, 1997, the Board held a workshop regarding Animal Control issues. He advised staff was directed to do a Request For Proposal (RFP) for North Brevard services; in August, 1997, North Brevard SPCA was contacted by County staff and asked to consider a 60-day extension to the current Agreement in order to accommodate the RFP process; a meeting was held with representatives of SPCA on September 15, 1997 to discuss extension of the Agreement; and during the meeting, the County was informed that SPCA would expect an additional $5,000 increase to the current payments of $3,750 per month to provide the services October 1 through December 31, 1997. Mr. Lusk stated the SPCA also informed the County that if the increase was not granted, it would consider discontinuation of its services effective September 30, 1997; staff indicated that a budget was not available to provide that increase; staff requested written confirmation of SPCA's decision; and on September 19, 1997, staff became aware and received verbal notice that SPCA was going to vacate the premises. He noted staff requested something in writing to verify the intent; on September 22, 1997, the District 1 Commission Office received a faxed letter addressed to Jasper Trigg stating that on September 30, 1997, North Brevard SPCA would vacate the facility and remove the equipment, supplies and animals listed on an attached inventory; and on September 23, 1997, the Board was informed of this and requested information be brought back to this meeting. Mr. Lusk stated on September 24, 1997, staff was verbally informed that the North Brevard SPCA was reconsidering its decision to reject the offer and wanted to extend its current Agreement; a written confirmation was requested at that time; and on September 25, 1997, staff received a letter officially requesting approval to extend the North Brevard SPCA current Agreement for 90 days.

Commissioner Voltz inquired did the SPCA request a $5,000 increase at budget time; with Housing and Assistant Human Services Director Jasper Trigg responding negatively. Mr. Trigg advised they have not discussed executing a new contract for the next fiscal year.

Susan Canada stated the way the SPCA sent in the letter giving the County notice that it was vacating the building was not good business or responsible behavior of this organization; it was only six or seven days notice; and most people give 30 days notice. She advised the SPCA already made the commitment to leave; the Board needs to reconsider doing business with this group; there have been other complaints; and she does not understand where the question is on this. Ms. Canada stated the community is willing to step in and help.

Commissioner Scarborough stated there are several options; what the Board will probably do is talk about the interim until it has a new RFP and what is the most expedient and least costly to the taxpayers.

Discussion ensued regarding various options, Request for Proposals (RFPs), animal cages, advancing funds, donated items, animal cruelty, repair of facilities and maintenance, pledges and fund drives.

Clara Gunde stated the Central Brevard Humane Society is very busy with its own agenda; but when the Society was faxed a copy of a letter that said animals would be left in the facility and was requested by the County to see if it could respond to the needs of those animals, without question the answer was yes; and it can step in and solve the problem in a crisis situation.

Commissioner Scarborough requested the Facilities Management Director address the repairs and who repairs what.

Facilities Management Director Hugh Muller stated he understands his mandate from the Board is to maintain the facilities; he has budgeted $55,000 to maintain the building and those things that are part of the building, as opposed to equipment; and traditionally throughout the County, the items in the building are the responsibility of the division or the occupants of the building.

Mary Copeland, North Brevard SPCA, stated all the SPCA requests is that the gate boxes be repaired; that is the whole issue; and it is willing to extend the Agreement from October 1 through December 31, 1997 at the existing rate.

Chairman O'Brien stated the best solution may be to extend the Agreement for 90 days and fix the gate boxes.

Commissioner Voltz stated she is not going to support staying with the SPCA.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve 90-day extension of Agreement with North Brevard SPCA for operation of North Brevard Animal Shelter. Motion carried and ordered; Commissioner Voltz voted nay. (See page for Agreement.)

PUBLIC HEARING, RE: ORDINANCE AMENDING ZONING REGULATIONS PERTAINING TO PETS AND ANIMALS

Chairman O'Brien called for the public hearing to consider an ordinance amending the zoning regulations pertaining to pets and animals.

Tom Myers, Growth Management Department, outlined the proposed ordinance for the Board and audience; and advised such ordinance deals with changing the definition of pets so that more animals can be included as pets.

Janet Tyczkowski stated she is a 4-H leader in two 4-H rabbit clubs; she is very concerned with Section 2, Item 3, which states, "No animal, the keeping of which could be obnoxious or disturbing to others in the adjacent area, shall be permitted"; it would enable anyone to object to any kind of animal; and Section 2, Item 3 should be stricken from the ordinance.

Kenneth McComas, Sr. stated the language in the ordinance is very vague, biased and prejudiced; it impedes upon the rights of individuals; it indicates horses should not exceed four per acre; and fowl raising and bee keeping is 2.5 acres.

Mr. Myers stated Mr. McComas is referring to the ordinance which will be brought before the Board next month dealing with agricultural uses on less than 2 ?-acre lots.

Commissioner Scarborough recommended staff visit with the 4-H clubs, Veterinarians Association, and pet stores, and report back to the Board on their suggestions.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to continue public hearing to consider ordinance amending zoning regulations pertaining to pets and animals to October 23, 1997 Zoning meeting; and direct staff to return with a report on specific information regarding individual species, particularly rabbit problems. Motion carried and ordered unanimously.

Upon motion and vote, the meeting adjourned at 6:15 p.m.

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

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