The Board of County Commissioners of Brevard County, Florida, met in regular session on July 8, 1997, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Randy O'Brien, Commissioners Truman Scarborough, Nancy Higgs, Mark Cook, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Nancy Higgs of District 3.

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

APPROVAL OF MINUTES

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve the Minutes of March 4, 11, 20 and 25, 1997 Regular Meetings and March 4, 1997 Special Meeting. Motion carried and ordered unanimously.

REPORT, RE: LETTER SUPPORTING AMERICAN HERITAGE RIVER DESIGNATION

Commissioner Higgs advised the St. Johns River Water Management District will be pursuing an American Heritage River designation for the St. Johns River which could enhance securing funds from the federal government to preserve the river; and recommended a letter be sent to the Chairman of the Governing Board of the District supporting the designation.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize the Chairman to send a letter to the Chairman of the St. Johns River Water Management District Governing Board supporting the designation of St. Johns River as an American Heritage River.

The Board discussed lack of information about the program, citizen input, review of the Federal Register, and enhancement of the economic base. Chairman O'Brien read a letter from Lillian Banks in opposition to supporting the designation.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to table a letter supporting American Heritage River designation for St. Johns River until July 22, 1997; but if the St. Johns River Water Management District Governing Board takes action, not to reschedule the item. Motion carried and ordered unanimously.

REPORT, RE: RESOLUTION COMMENDING OLIN FOUNDATION

Commissioner Cook advised Florida Institute of Technology has been awarded a $50,000,000 grant from the Olin Foundation which will greatly benefit the Institute and the community; and recommended the Board consider a resolution expressing appreciation to the Foundation for its generous donation.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to direct staff to prepare a resolution expressing appreciation to the Olin Foundation for its donation of $50,000,000 to Florida Institute of Technology, and schedule it on the Agenda for the next Board meeting. Motion carried and ordered unanimously.

REPORT, RE: MEETING WITH McDONNELL DOUGLAS

Chairman O'Brien advised of his trip to California along with Congressman Weldon and Representative Randy Ball to make presentations to McDonnell Douglas encouraging the Corporation to locate in Brevard County if it is awarded the federal contract to build missiles.

PERSONAL APPEARANCE - LEO ROSELIP, RE: COMMENDATION RESOLUTION

Commissioner Higgs read aloud a Resolution commending Leo Roselip for being named the Child Advocate of the Year by the Florida Children's Society. She advised Mr. Roselip is with J. C. Penney, and is a valuable member of the community. Mr. Roselip thanked the Board for the recognition, noting he will accept it for the children.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution commending Leo Roselip for being named the Child Advocate of the Year. Motion carried and ordered unanimously.

AGREEMENT WITH LORI MELTON AND JACK BONNER, RE: FINANCING OF WEST CANAVERAL GROVES IMPACT FEE

Motion by Commissioner Voltz, seconded by Commissioner Cook, to execute Agreement with Lori Melton and Jack Bonner providing for financing of their West Canaveral Groves Impact Fee. Motion carried and ordered unanimously.

RESOLUTION, RE: ACCEPTING QUIT CLAIM DEED FROM FLORIDA DEPARTMENT OF TRANSPORTATION FOR PROPERTY ALONG SENNE ROAD

Motion by Commissioner Voltz, seconded by Commissioner Cook, to adopt Resolution accepting a Quit Claim Deed from Department of Transportation transferring jointly-owned property along Senne Road. Motion carried and ordered unanimously.

APPROVAL OF SELECTION COMMITTEE RANKING AND AUTHORIZATION TO NEGOTIATE AND AWARD CONTRACT, RE: EEL MANAGEMENT AND EDUCATION CENTERS ARCHITECTURAL AND ENGINEERING SERVICES

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve the Selection Committee's No. 1 ranking of Kha Le-Huu and Partners; appoint Duane DeFreese, Samuel Stanton, and Katherine Harasz to the Negotiating Committee; and authorize the Chairman to execute an agreement with the firm for preparation of plans, programming, design and construction administration for four environmental education centers and related facilities if negotiations are successful. Motion carried and ordered unanimously.

AGREEMENTS WITH TOWNS OF PALM SHORES AND MELBOURNE VILLAGE, RE: URBAN COUNTY RE-QUALIFICATION

Motion by Commissioner Voltz, seconded by Commissioner Cook, to execute Agreements with Towns of Palm Shores and Melbourne Village to assist Brevard County in qualifying as an urban county for Community Development Block Grant and HOME funds. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH CENTRAL BREVARD SHARING CENTER, RE: FY 1996-97 SET-ASIDE FUNDS

Motion by Commissioner Voltz, seconded by Commissioner Cook, to execute Amendment to Agreement with Central Brevard Sharing Center for $500 of FY 1996-97 set-aside funds to assist with the increased need for food and supplies. Motion carried and ordered unanimously.

APPROVAL OF PAYMENT TO PREGNANCY RESOURCES, INC., RE: FY 1996-97 SET-ASIDE FUNDS

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve payment of $1,000 from the FY 1996-97 set-aside funds to Pregnancy Resources, Inc. for the Care and Share Program. Motion carried and ordered unanimously.

CHANGE ORDER NO. 3 WITH HEARNDON CONSTRUCTION, INC., RE: PALM BAY REGIONAL PARK, PHASE III

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve Change Order No. 3 to Agreement with Hearndon Construction, Inc. for Palm Bay Regional Park, Phase III, extending time by 39 days with no change in contract price. Motion carried and ordered unanimously.

EXTENSION OF TIME TO COMPLETE COMMENTS, RE: EEL PROGRAM SANCTUARY MANAGEMENT MANUAL

Motion by Commissioner Voltz, seconded by Commissioner Cook, to authorize a 60-day extension for comments from the public and local municipalities on the EEL Program Sanctuary Management Manual. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 94, SOLID WASTE CODE

Motion by Commissioner Voltz, seconded by Commissioner Cook, to grant permission to advertise a public hearing to consider an ordinance amending Chapter 94, Solid Waste Code, to consolidate annual solid waste collection and recycling program MSBU and update the Ordinance to make it consistent with State Statutes and Court decisions. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Voltz, seconded by Commissioner Cook, to appoint Eleanor Downes, 607 Manatee Drive, Satellite Beach 32937 to the Historical Commission with term expiring December 31, 1997; and reappoint Brian Lally and Gregg Popp to the Titusville-Cocoa Airport Authority, with terms expiring July 7, 1999. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING LAND DEVELOPMENT REGULATIONS BU-1-A, BU-1, AND BU-2 LISTS OF PERMITTED USES

Chairman O'Brien called for the public hearing to consider an ordinance amending the Land Development Regulations BU-1-A, BU-1 and BU-2 lists of permitted uses.

Alice Petty requested BU-1-A allow building contractors administrative offices with no outside storage.

Commissioner Cook inquired about piano repair; with Zoning Official Rick Enos responding he was not contacted by the real estate agent. Commissioner Scarborough inquired if the Board's discussion is incorporated in the ordinance; with Mr. Enos responding there are suggestions; the Board may want to limit contractor's office to general contractors who will not have outside storage; and there is no problem with computer sales, service, and repair, because BU-1-A limits traffic to 100 trips which will limit the scale of the store. Mr. Enos advised the Local Planning Agency recommended 20,000 square feet instead of 35,000 square feet on page 9.

Commissioner Scarborough expressed concern about funeral homes and mortuaries in BU-1-A which is allowed in residential areas.

PUBLIC HEARING, RE: ORDINANCE AMENDING LAND DEVELOPMENT REGULATIONS BU-1-A, BU-1, AND BU-2 LISTS OF PERMITTED USES (CONTINUED)

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to move funeral homes and mortuaries from BU-1-A to BU-1. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to allow general contractors' offices in BU-1-A with no outside storage.

Discussion ensued on storage of materials in pick-up trucks, heavy equipment, and defining outside storage of materials.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to amend the motion to prohibit storage of materials in open trucks overnight.

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

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve the Local Planning Agency's recommendation of 20,000 square feet.

Discussion continued on vacant shopping centers, inside manufacturing, professional activities, less intense uses, and improvement of property values.

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

Commissioner Voltz recommended plant nurseries with no outside storage of bulk material be a permitted use in BU-1, and if they have outside storage, a conditional use permit be required. Commissioner Scarborough inquired if plants for sale and packaged mulch and other materials would be considered outside storage; with Commissioner Voltz responding no.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to allow plant nurseries with no outside storage of bulk material as a permitted use in BU-1 and nurseries with outside storage requiring conditions, and plants and packaged materials not be considered outside storage. Motion carried and ordered unanimously.

Commissioner Voltz recommended auto paint and body work be moved to BU-2; with Mr. Enos responding it is only permitted in BU-1 with a dealership. Commissioner Voltz advised a CUP is required for auto parts confined in a structure and also as a permitted use in BU-1; with Mr. Enos responding it is an error in the current code.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to remove auto parts conditional use permit from BU-2 and require conditional use permit for same in BU-1.

Commissioner Scarborough stated junk yards sell auto parts, but if it is a store like Auto Zone there is a difference. Mr. Enos advised if the parts are inside, it is a store and permitted, and if they are outside, they need IU-1 zoning classification.

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

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Ordinance amending Chapter 62, "Land Development Regulations," Code of Ordinances of Brevard County, Florida; amending Article VI, Section 62-1481, Restricted Neighborhood Retail Commercial BU-1-A, by adding certain uses to the BU-1-A zoning classification; amending Article VI, Section 62-1482, General Retail Commercial BU-1, by adding certain uses to the BU-1 zoning classification; amending Article VI, Section 62-1483, Retail Warehousing and Wholesale Commercial BU-2, by adding certain uses to the BU-2 zoning classification; amending Article VI, Section 62-1835, Electronic Assembly Plants, deleting it in its entirety; amending Article VI by adding Section 62-1837.4, manufacturing, compounding, processing, packaging, storage, treatment or assembly; providing conditions for certain uses in BU-1 and BU-2; providing for conflicting provisions; providing for severability; providing for area encompassed; and providing an effective date, as amended. Motion carried and ordered unanimously.

The meeting recessed at 10:09 a.m., and reconvened at 10:25 a.m.

DISCUSSION, RE: REFINANCING CERTIFICATES OF PARTICIPATION ON THE GOVERNMENT CENTER TO SALES TAX BOND ISSUE

Financial Advisor Tom Holley explained options to refinance the certificates of participation (COP's), shorten the life of the debt by four years, and realize gross savings of over $8 million at the end and present value of $1.7 million.

Commissioner Cook advised a referendum set up the funding mechanism for the Government Center; and recommended the Board consider a referendum for September to go back to the electorate with the question.

Commissioner Higgs stated it is financially sound to save the taxpayers millions of dollars; the Charter approved by the voters gives the Board the responsibility to limit the cost of government; and it would be a good business practice to save the taxpayers significant sums of money.

Discussion ensued on general obligation bonds, referendum, history of the Government Center and its financing, wording of the ballot question, sales tax revenue, and time limit for the referendum.

Duwayne Lundgren of the Elections Office advised they have announced September 9th as the referendum date; and the latest they could get the language would be July 20, 1997 because they have to print the ballot and get it out. He stated the Board cannot have a referendum only for a straw ballot, but if there is something else on the ballot, it can put a straw ballot on with it.

Discussion continued on the cost of a referendum election, Suntree's incorporation election, referendum on the Sheriff's budget, different refinancing scenarios, and referendum on general obligation bond.

Mr. Holley advised if the referendum is on a general obligation bond, the ad valorem tax would be in addition to the tax levied by the County and above the ten mill cap; and unless the Board reduces the bottom, the voters would be voting for a tax increase. Mr. Jenkins advised there is no tax increase in the proposed budget for FY 1998.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to put the refinancing of the certificates of participation on the Government Center to sales tax bond issue to referendum at the next general election; and direct Tom Holley, Tom Jenkins, and Scott Knox to bring language to the Board three months in advance of the election.

Discussion resumed on the next general election, other elections where there is a general vote, changes in financial scenarios, savings to taxpayers, and actions of the past Board.

Commissioner Scarborough amended the motion to include any other election with general vote; and Commissioner Cook accepted the amendment. Commissioner Cook called a question on the motion. Chairman O'Brien called for a vote on the question. Motion carried and ordered unanimously.

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

PUBLIC HEARING, RE: ORDINANCE ADOPTING 1997A COMPREHENSIVE PLAN AMENDMENTS FOR TRANSMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS

Chairman O'Brien called for the public hearing to consider an ordinance adopting the 1997A Comprehensive Plan Amendments for transmittal to Department of Community Affairs.

Jim Yontz, Director of Homeowners Association and representing Jim Ferguson for Indian River Colony Club, objected to amending the Comprehensive Plan to allow commercial encroachment on residential areas. He stated their major concern is the large amount of senior citizens negotiating traffic on Murrell Road and U.S. 1.

Planning Section Manager Mel Scott advised Amendment 97A.1 involves property south of Viera Boulevard and east of the Viera DRI going from residential to mixed use district; Amendment 97A.2 is in the West Cocoa area; and there are changes to the Future Land Use Element existing land use, Recreation and Open Space Element scenic roadway lengths, Coastal Management Element shoreline hardening, and changes to maintain internal consistency.

Commissioner Cook recommended deleting Amendment 97A.1, as he has concerns and is not prepared to address it today.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to delete Amendment 97A.1 from the proposed amendments. Motion carried and ordered unanimously.

Planner Todd Corwin explained Amendment 97A.2 changing heavy/light industrial property and planned industrial park to residential; and noted no written comments were received from the public.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve Amendment 97A.2 for transmittal to Department of Community Affairs.

Commissioner Higgs inquired about the need for industrial property if the Board takes 57 acres out for residential use; with Mr. Scott responding the Future Land Use Map can absorb industrial activity without additional lands through the year 2020, but he is not sure of the exact vacancy rate.

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

Mr. Corwin explained Future Land Use Element Policy 10.11 Amendment. Mr. Scott advised many existing uses were made nonconforming with the onset of the Comprehensive Plan; and this amendment allows those uses to remain if they were around before the Comprehensive Plan.

Commissioner Cook inquired if there is a problem with adding "at the property owner's request"; with Mr. Scott responding it will put the administrative rezoning trigger in the property owner's hand which could leave situations un-remedied. Commissioner Higgs inquired about the impact of the amendment; and Mr. Scott explained it in detail noting Mr. Enos will be able to give new zoning that will make sense to the use even if it is not consistent with the Comprehensive Plan.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve amendment to Policy 10.11 as recommended by the County Attorney.

Commissioner Higgs stated she cannot support the change as the properties that are inconsistent can be expanded; with Mr. Scott responding "expand" could be deleted from Mr. Knox's recommendations.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to table amendment to Policy 10.11 until July 22, 1997. Motion carried and ordered unanimously.

Mr. Scott advised the change to Recreation and Open Space Element Policy 1.1.2 is necessary to maintain consistency between the Comprehensive Plan and the Sign Ordinance.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve amendment to the Recreation and Open Space Element Policy 1.1.2, as recommended. Motion carried and ordered; Commissioner Voltz voted nay.

Commissioner Higgs advised the Coastal Management Element Policy 4.1 amendment is not in the County's interest to change "shall" to "should" in "no new shore hardening structures shall be permitted"; and offered language to take care of the problems with Constellation Condos. She noted if staff could enhance the language, it would be helpful. Chairman O'Brien recommended no action be taken and staff bring back new language.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to continue the public hearing on an ordinance adopting 1997A Comprehensive Plan amendments for transmittal to Department of Community Affairs until July 22, 1997. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION TO SMART CHOICE AUTOMOTIVE GROUP, INC.

Chairman O'Brien called for the public hearing to consider an ordinance granting economic development ad valorem tax exemption to Smart Choice Automotive Group, Inc. which is involved in the manufacture of fiberglass automotive parts and catalog sales, and plans to increase its employment by 46 jobs averaging $43,210. He stated new improvements total approximately $912,439 and the company anticipates the volume of business to be about $160 million a year.

Economic Development Director Greg Lugar advised the public hearing on the ordinance for Smart Choice was continued for answers to questions; and Mr. Moore, the applicant, is here to answer any questions the Board may have. He stated St. Johns River Water Management District had an issue with the stormwater pond and drainage system; since then the applicant hired Loys Ward to make corrections; and they are making a good faith effort to correct the situation and designing additional facilities. He noted their expansion and acquisition of equipment will be completed in one or two weeks; and recommended the Board consider the exemption and add to the ordinance that they must be in full compliance and have all regulatory approvals by the time they submit the first annual report in March, 1988.

There being no further comments heard, motion was made by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Ordinance granting an economic development ad valorem tax exemption to Smart Choice Automotive Group, Inc.; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of Florida Statute 196.012(16); providing for proof of eligibility for exemption; providing for an annual report by Smart Choice Automotive Group, Inc.; providing an effective date, as amended to include, "Smart Choice Automotive Group, Inc. shall also indicate in its annual report that the company will be in full compliance with all necessary regulatory permits. If the company is not in full compliance, the County Manager shall make a report to the Board for consideration of revocation of this Ordinance in granting the tax exemption." Motion carried and ordered unanimously.

The meeting recessed for lunch at 11:52 a.m., and reconvened at 1:04 p.m.

DISCUSSION, RE: EXTENDING TERMINATION AGREEMENT WITH TLC, INC.

Chairman O'Brien advised the Department of Housing and Urban Development (HUD) requested the Board grant a 60-day extension to TLC's July 1, 1997 termination date prior to the County Attorney filing an eviction notice.

Rose Gainey, representing VARIA, Curt Lorenc, Gina Hunter, and Lee Klingler, Valkaria residents, addressed the Board in opposition to extending the termination Agreement with TLC, Inc., stating TLC houses convicted felons; they fear for the safety of the children; and there were recent arrests of one person in the program and another three days after he left the program.

County Attorney Scott Knox advised HUD asked for 30 or 60 days; they will be here July 16 and 17, 1997 to conduct their investigation; and they should have done it in 100 days but could not. He stated sometimes HUD will resort to have the United States Attorney adjoin the court to grant an injunction until the investigation is completed; and since they asked for 30 or 60 days, the Board could give them 30 days, and at that time they may have some idea where they stand.

Commissioner Cook advised if the Board does not grant an extension, HUD will go to court and get a stay, so he will agree to 30 days.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to grant 30-day extension to TLC, Inc. as requested by U.S. Department of Housing and Urban Development.

Commissioner Higgs inquired if the motion includes direction to the County Attorney to file the appropriate eviction notice when the extension is over; with Commissioner Cook responding unless the Board gets another request from HUD for further extension. Chairman O'Brien expressed his displeasure with HUD not completing its investigation within the 100 days; and stated he will support the motion only because the County Attorney recommended it.

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

DISCUSSION AND DIRECTION, RE: ISSUANCE OF CITATIONS

Chairman O'Brien advised the request is to direct staff to amend and/or review appropriate Ordinances and prepare proper resolutions in conjunction with the Brevard County Code, Section 202-82, regarding issuance of citations for specific violations.

Billie Kemmery requested the Code be expanded to include the entire yard and not just the front; and inquired about trees coming over the fence from other people's properties; with Code Enforcement Manager Roger Lyles responding it only pertains to dead trees. He stated they want to amend the Code to allow citations to be issued and not change the Code in any other form.

Diane Haines supported citations and heavy fines to make people maintain their properties to community standards; and stated if the Board approves it, it will be an incentive for cities to do the same.

Dorothy Amstadt stated she does not cut her grass short and lets her plants grow because she lives on a hill and needs the root system to stop erosion.

Commissioner Cook inquired who decides what is overgrowth; with Mr. Lyles responding they take into consideration the terrain, but the Code Enforcement officer will decide.

Florence Broaddus advised she lives on a hill and some people object to her method of stabilizing her property. She suggested the County put in the newspaper what the Code involves and what people are expected to comply with.

Barbara Dillabough recommended eliminating Code Enforcement which pits neighbor against neighbor; and advised of her experiences with Code Enforcement.

Madelin Lafferty recommended the Board stop Code Enforcement now or there will be shootings.

Joyce Perry advised of the City of Cocoa's lack of help to improve blighted areas; stated citations will bring a lot of stress; there are extenuating circumstances; and before citations are given, the entire surrounding area should be brought up to Code including drainage, curbing, etc.

James French talked about the rights of individuals versus community standards; stated Code Enforcement can only respond to what is reported to them and are often involved in neighborhood disputes; explained what citations are; and suggested a workshop on the issue.

Tim Flack advised of his problems with Code Enforcement and the County Attorney's Office because a neighbor wanted him out of his neighborhood; and requested a copy of what will be transpiring on the issue of citations. He mentioned the overburdened judicial system which will be even more burdened with Code Enforcement citations.

Susan Stevens recommended everybody be made to comply or adhere to the Code; and complained about her neighbors violating the Code, and the inconsistency with enforcement. She stated Code Enforcement officers should not have police powers because they do not know what their jobs are.

Commissioner Cook advised the Code Board is made up of citizens, and there are special masters; the Board has heard emotional stories that come into play in these situations; and he does not support giving the Code Enforcement officers citation powers, and prefer letting the Code Board hear the cases. He recommended a method to bring people into compliance with the Codes without a litigious process. Commissioner Scarborough expressed his concerns with cases that extend for months and do not result in peace in the neighborhoods, whether the Code Enforcement officers respond to all violations and anonymous calls, and that due process is not being denied. He stated the County needs a method to expedite cases in violation of the Code. Commissioner Higgs stated the Board needs to make it work more efficiently; complaints are not being resolved; and prior to issuing citations, the officers must give notice and the supervisor must give approval. She stated it is a trial period for one year; it will give Code Enforcement's staff a tool to work with; and suggested the Board allow them to try and make it work better. Commissioner Cook stated he will look at an expedited process, but has received very few complaints. Commissioner Voltz stated she does not support the item; Code Enforcement officers need to continue doing their job like they have been; and giving them more power will cause more problem. Chairman O'Brien advised of problems in Angel City.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to send the request to consider amending Ordinances to provide for issuance of citations back to staff, and direct they find other options to streamline and expedite the process, and bring it back to the Board in 30 days.

Discussion ensued on neighborhood disputes, expediting the process, fines, insufficient Code Enforcement staff, anonymous complaints, protection of property values, harassment by Code Enforcement be reported, and Article V which allowed the Code Board to be established so violators were not made criminals. He stated he will support the motion but not closing of the item as requested.

Chairman O'Brien called for a vote on the motion. Motion carried and ordered; Commissioner Higgs voted nay.

RESOLUTION AND/OR LETTER OF SUPPORT, RE: DESIGNATING CHILD CARE ASSOCIATION OF BREVARD COUNTY, INC. AS COMMUNITY ACTION AGENCY

Housing and Human Services Director Bernice Jackson advised the Florida Department of Community Affairs administers the Community Services Block Grant Program; and Brevard County received funding through Department of Community Affairs to assist low-income persons with medical needs. She stated on September 30, 1997, the State will no longer provide those funds to governmental entities; and instead, the push is to expand community action agencies Statewide. She requested the Board send a letter to the State of the County's intent to participate in establishing a community action agency, and designate the Child Care Association of Brevard County, Inc. as that agency. Ms. Jackson advised Brevard County is eligible to receive $59,145 with a 20% local match. County Manager Tom Jenkins advised Ms. Jackson failed to mention the welfare to work transition program.

Commissioner Higgs advised she prefers Option II designating an agency within the County government structure; and suggested the Community Based Organization group make recommendations to the Board. Chairman O'Brien advised he supports the motion because the agency would be accountable to the Board of County Commissioners.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to adopt resolution requesting designation of a County Community Action Agency within the County Government structure. Motion carried and ordered unanimously.

APPROVAL OF DONATION, RE: PLANTS FROM SHERIFF'S FARM TO SPACE COAST MARINE INSTITUTE

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve donation of plant materials from the Sheriff's farm to landscape the Space Coast Marine Institute's new facility. Motion carried and ordered unanimously.

APPROVAL OF SETTLEMENT, RE: WORKER'S COMPENSATION CLAIM OF WILLIAM MURPHY

Motion by Commissioner Cook, seconded by Commissioner Voltz, to authorize settlement of the Worker's Compensation claim of William Murphy, negotiated through Gallagher Bassett Services, at $196,000 which has been accepted by Safety National Casualty Corporation, and is entirely reimbursable by the reinsurer. Motion carried and ordered unanimously.

DISCUSSION, RE: STEVE S. VASZARY v. BREVARD COUNTY

Motion by Commissioner Voltz, seconded by Commissioner Cook, to authorize Community Development Administrator Peggy Busacca to attend the mediation of Steve S. Vaszary v. Brevard County, as the Board's authorized designee. Motion carried and ordered unanimously.

AGREEMENT WITH MONTGOMERY WATSON AMERICAS, INC., RE: ENGINEERING SERVICES FOR SYKES CREEK REGIONAL WASTEWATER TREATMENT PLANT

Commissioner Cook recommended deleting "reasonable" in two places on page 4, and "and reasonable" from page 8.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to execute Agreement with Montgomery Watson Americas, Inc. to provide engineering services for Sykes Creek Regional Wastewater Treatment Plant, as amended, deleting "reasonable" from page 4 and "and reasonable" from page 8. Motion carried and ordered unanimously.

TOWER LICENSE AGREEMENT WITH PRIMECO PERSONAL COMMUNICATIONS, L.P. AND SHERIFF PHILIP B. WILLIAMS, RE: INSTALLATION AND OPERATION OF COMMUNICATION ANTENNA ON TOWER LOCATED ON DAY STREET, TITUSVILLE

Commissioner Cook advised he talked to PrimeCo and Mr. Abels of the Sheriff's Department, and understands the County will get $6,000 and PrimeCo will make improvements to the Titusville tower. Communications Manager Joe Lamers responded that is correct. Commissioner Cook inquired if the Sheriff will have free use of another tower owned by PrimeCo; with Mr. Lamers responding that antenna is being negotiated with the City of Melbourne; and when the permits are approved, the County will have free use of the antenna for the Countywide radio system.

Chairman O'Brien inquired if the $6,000 will be paid to the County or Sheriff; with Mike Abels, Director of Administrative Services for the Sheriff, responding the $6,000 is a line item revenue in the budget as County funds.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to execute Tower License Agreement with PrimeCo Personal Communications, L.P. and Sheriff Philip B. Williams, for installation and operation of a communications antenna on the tower at 1141 Day Street in Titusville, with the caveat that PrimeCo will make improvements to the Titusville tower and will allow the County to use its tower in Melbourne when operational. Motion carried and ordered unanimously.

PUBLIC COMMENTS - JOYCE PERRY, RE: PROBLEMS WITH CONTRACTORS

Joyce Perry, 602 Peachtree Street, Cocoa, advised of her problems with contractors she hired to put in doors and repair a roof, and lack of corrective action by the City of Cocoa's Code Enforcement Department. She stated she came to Board because the roofer has State, County, and City licenses; and city residents should have the right to have a County inspector check the bad work of contractors even if the property is in the city.

County Manager Tom Jenkins advised he will research it and get back with Ms. Perry because he was not aware the County had to be asked by the City before inspecting workmanship of licensed contractors.

RECOGNITION, RE: COMMISSIONER MARK COOK'S BIRTHDAY

Commissioner Voltz advised Sunday is Commissioner Cook's Birthday, so the Board should wish him a Happy Birthday.

Chairman O'Brien extended Happy Birthday wishes to Commissioner Cook on behalf of the Board.

ANNOUNCEMENT, RE: EXECUTIVE SESSION

County Attorney Scott Knox announced that an executive session is scheduled immediately following this meeting on Pinter v. Brevard County.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 2:47 p.m.

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

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