The Board of County Commissioners of Brevard County, Florida, met in regular session on February 11, 1997, at 9:02 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 Assistant County Attorney Katherine Harasz.

The Invocation was given by Commissioner Mark Cook.

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

REPORT, RE: 1997 BOARD MEETING SCHEDULE

County Manager Tom Jenkins advised of a revision to the 1997 Board Meeting Schedule.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve adding the February 25, 1997 regular meeting at 9:00 a.m. to the 1997 Board Meeting Schedule. Motion carried and ordered unanimously.

Mr. Jenkins advised of problems in hearing all land development regulations and land use issues at Zoning meetings.

Commissioner Cook expressed preference to have as many as possible at night. Chairman O'Brien advised the intent is not to return all the land development regulations to daytime meetings.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant permission to schedule land development regulations and land use issues for Zoning meetings, where practical, and at day meetings if the number of items is excessive. Motion carried and ordered unanimously.

Commissioner Higgs inquired about the March 27, 1997 workshop. Mr. Jenkins suggested removing the workshop from the schedule as it falls at the beginning of spring break.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to cancel the March 27, 1997 workshop. Motion carried and ordered unanimously.

PERMISSION TO HOLD EXECUTIVE SESSIONS, RE: CESARIO AND MOSBY CASES

Assistant County Attorney Katherine Harasz requested scheduling two executive sessions to discuss personal injury cases of David Cesario and Sophie Mosby.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to authorize holding executive sessions regarding the David Cesario case and the Sophie Mosby case at the end of future Board meetings. Motion carried and ordered unanimously.

PERMISSION TO CONTINUE, RE: 1996 VALUE ADJUSTMENT BOARD MEMBERS

Commissioner Higgs advised the 1996 Value Adjustment Board is schedule to meet on February 12, 1997; and requested authorization for the 1996 VAB members to continue to serve. Chairman O'Brien advised the terms of the 1996 VAB members have been extended until after tomorrow. Commissioner Higgs noted it may be necessary to extend further.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to authorize the 1996 Value Adjustment Board members to continue serving until its work has been completed. Motion carried and ordered unanimously.

REQUEST, RE: REVISION OF JUVENILE ASSESSMENT CENTER RESOLUTION

Commissioner Voltz advised of a request of the Juvenile Assessment Center Committee to amend the Resolution establishing the Committee so that it is not a sunshine committee; and explained the problems with communication between members. Assistant County Attorney Katherine Harasz clarified the provisions of the Sunshine Law and what the Committee members are allowed to discuss.

PERMISSION TO TRAVEL, RE: TALLAHASSEE

Chairman O'Brien requested permission to travel to Tallahassee on March 12 and 13, 1997 to attend Appropriation Committee hearings to lobby for the Juvenile Assessment Center and road projects. Motion by Commissioner Cook, seconded by Commissioner Higgs, to authorize Chairman O'Brien to travel to Tallahassee on March 12 and 13, 1997 to attend Appropriation Committee hearings to lobby for the Juvenile Assessment Center and road projects; and approve travel for any Commissioner wishing to travel to Tallahassee to lobby on any issue in the Legislative Package.

Commissioner Voltz inquired about the County Legislative Day; with Commissioner Cook advising the motion would include that. Commissioner Voltz advised of her intent to travel to Tallahassee for County Legislative Day.

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

RESOLUTION, RE: PROCLAIMING APRIL, 1997 AS FAIR HOUSING MONTH

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution proclaiming April, 1997 as Fair Housing Month. Motion carried and ordered unanimously.

*Assistant County Attorney Katherine Harasz's absence and Assistant County Attorney Shannon Wilson's presence was noted at this time.

PERSONAL APPEARANCES - SHERRY STROMAN AND LARRY MIKESELL, RE: RESOLUTIONS FOR EXCELLENCE IN PUBLIC SERVICE MANAGEMENT AND EXCELLENCE IN PUBLIC SERVICE AWARDS

Chairman O'Brien explained the purpose of the Excellence in Public Service Management and Excellence in Public Service Awards.

Chairman O'Brien advised of the outstanding achievements and service of Personnel Manager Sherry Stroman. County Manager Tom Jenkins noted Ms. Stroman has been with the County for thirty years, and will be retiring this year. The Board reached consensus to adopt Resolution declaring Sherry Stroman the Excellence in Public Service Management Award winner, and presented the award to Ms. Stroman.

Chairman O'Brien advised of the outstanding achievements and service of Larry J. Mikesell of the Solid Waste Management Department. Mr. Jenkins advised of Mr. Mikesell's dedication to his job and the County. The Board reached consensus to adopt Resolution declaring Larry J. Mikesell the Excellence in Public Service Award winner, and presented the award to Mr. Mikesell.

FINAL ENGINEERING APPROVAL, RE: CYPRESS WOODS, PHASE I

Motion by Commissioner Cook, seconded by Commissioner Voltz, to grant final engineering approval for Cypress Woods, Phase I, subject to minor engineering changes as applicable. Motion carried and ordered unanimously.

AGREEMENT WITH GARY AND SHIRLEY HENDREN, RE: CANAVERAL GROVES SECTION 20 IMPACT FEE FINANCING

Motion by Commissioner Cook, seconded by Commissioner Voltz, to execute Agreement with Gary and Shirley Hendren for Canaveral Groves Section 20 Impact Fee financing. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING TED REYNOLDS

Motion by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution commending Ted Reynolds for fourteen years of service to the citizens of Brevard County. Motion carried and ordered unanimously.

ADDENDUM TO AGREEMENT WITH CITY OF PALM BAY, RE: MALABAR ROAD WIDENING PROJECT, PHASE II

Motion by Commissioner Cook, seconded by Commissioner Voltz, to execute Addendum to Interlocal Agreement with City of Palm Bay for Malabar Road widening project, Phase II. Motion carried and ordered unanimously.

CONTRACT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: GRANT FOR INDIALANTIC BAFFLE BOXES PROJECT

Motion by Commissioner Cook, seconded by Commissioner Voltz, to execute Contract with Department of Environmental Protection for a grant to provide funding for Indialantic Baffle Boxes. Motion carried and ordered unanimously.

RELEASE OF RETAINAGE AND FINAL PAYMENT TO COMMERCIAL ROOFING, INC., RE: MELBOURNE LIBRARY AND LIBRARY SERVICES DEPARTMENT ADMINISTRATIVE OFFICE RE-ROOFING

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve release of retainage and final payment of $13,087.70 to Commercial Roofing, Inc. for re-roofing of Melbourne Library and the Library Services Department Administrative Office. Motion carried and ordered unanimously.

EXTENSION OF TRIAL PERIOD, RE: LIBRARY PATRON SELF-CHECKOUT SYSTEM

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve extension of the trial period for the patron self-checkout system from Checkpoint Systems, Inc. for an additional 30-day period. Motion carried and ordered unanimously.

AMENDMENTS TO AGREEMENTS WITH BUSSEN-MAYER ENGINEERING GROUP, INC.; PAN AMERICAN DESIGN SERVICES, INC.; CANTELOU, HERRARA, WILLIAMS & POWELL, INC.; AND GLATTING JACKSON KERCHER ANGLIN LOPEZ RINEHART, INC., RE: PROFESSIONAL SERVICES

Motion by Commissioner Cook, seconded by Commissioner Voltz, to execute Amendments to Agreements with Bussen-Mayer Engineering Group, Inc., Pan American Design Services, Inc., Cantelou, Herrara, Williams & Powell, Inc., and Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. to provide professional services for various Parks and Recreation projects. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH GLATTING JACKSON KERCHER ANGLIN LOPEZ RINEHART, INC.; RE: OFF ROAD VEHICLE PARK AND CORTO ROAD COMMUNITY CENTER PROJECTS

Motion by Commissioner Cook, seconded by Commissioner Voltz, to execute Amendment to Agreement with Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. to provide professional services for the Off Road Vehicle Park and Corto Road Community Center Projects. Motion carried and ordered unanimously.

APPROVAL, RE: SALE OF MULCH AT WHOLESALE SPOT MARKET PRICES

Motion by Commissioner Cook, seconded by Commissioner Voltz, to authorize the Solid Waste Management Department to sell mulch produced at the County's Solid Waste Mulching Facilities at wholesale spot market prices. Motion carried and ordered unanimously.

AGREEMENTS AND EASEMENT WITH FLORIDA POWER & LIGHT COMPANY, RE: ELECTRIC UTILITY FACILITIES AT NORTH BREVARD YARD TRASH MULCHING AND RECYCLING FACILITY

Motion by Commissioner Cook, seconded by Commissioner Voltz, to execute Underground Distribution Facilities Agreement and Underground Conduit Installation Agreement with Florida Power & Light Company, and execute Easement in favor of FP&L Company for electric utility facilities at the North Brevard Yard Trash, Mulching and Recycling Facility. Motion carried and ordered unanimously.

CONTRACTS FOR SALE AND PURCHASE WITH LEWIS AND MICHELLE GRIMES AND ALEXANDER AND AMY LYNN JEVITT, RE: PROPERTIES ADJACENT TO CENTRAL DISPOSAL FACILITY

Motion by Commissioner Cook, seconded by Commissioner Voltz, to execute Contracts for Sale and Purchase and Addenda with Lewis H. and Michelle Lynn Grimes and Alexander P. and Amy Lynn Jevitt for properties adjacent to the Central Disposal Facility. Motion carried and ordered unanimously.

CHANGE ORDER NO. 2 TO AGREEMENT WITH CENSTATE CONTRACTORS, INC., RE: NORTH BREVARD WATER SYSTEM IMPROVEMENTS-REMOTE STORAGE TANK AND PUMP STATION

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve Change Order No. 2 to Agreement with CenState Contractors, Inc. for North Brevard Water System Improvements -Remote Storage Tank and Pump Station, increasing contract price by $2,561.30 for concrete saddle supports, five relays, and clean and paint generator and fuel tank. Motion carried and ordered unanimously.

RESOLUTION AND BUDGET CHANGE REQUEST, RE: AUTHORIZING A DRAW FROM TAX EXEMPT COMMERCIAL PAPER PROGRAM

Motion by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution authorizing a draw of $815,000 from the Florida Local Government Finance Commission tax exempt commercial paper program for calling a portion of the outstanding 1976 Recreational Facilities Revenue Bonds, calling the 1983 Brevard County Subordinate Revenue Bond, and funding Ranchwood Court Water Municipal Services Benefit Unit; and approve Budget Change Request. Motion carried and ordered unanimously.

AGREEMENT WITH BELLSOUTH TELECOMMUNICATIONS, INC., RE: CONTINUATION OF SELECTED LOCAL TELEPHONE SERVICE (ESSX)

Motion by Commissioner Cook, seconded by Commissioner Voltz, to execute Special Services Arrangement Agreement with BellSouth Telecommunications, Inc. for continuation of selected local telephone service (ESSX Service). Motion carried and ordered unanimously.

APPROVAL OF SETTLEMENT, RE: AUTO LIABILITY CLAIM OF NANCY ANDERSON

Motion by Commissioner Cook, seconded by Commissioner Voltz, to authorize settlement of the auto liability claim of Nancy Anderson at $18,000 inclusive of her attorney's fees. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: INTERNAL AUDIT OF HOUSING SERVICES

Motion by Commissioner Cook, seconded by Commissioner Voltz, to acknowledge receipt of Internal Audit Report on Housing Services for the period from October 1, 1993 through June 30, 1995. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: STATE AUDIT OF SCHOOL BOARD

Motion by Commissioner Cook, seconded by Commissioner Voltz, to acknowledge receipt of State Audit of the Brevard County District School Board for the fiscal year ended June 30, 1996. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: FINANCIAL STATEMENTS OF TITUSVILLE-COCOA AIRPORT AUTHORITY

Motion by Commissioner Cook, seconded by Commissioner Voltz, to acknowledge receipt of Audited Financial Statements of the Titusville-Cocoa Airport Authority for the fiscal year ended September 30, 1996. Motion carried and ordered unanimously.

APPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Cook, seconded by Commissioner Voltz, to appoint John Nast, 4050 Hield Road NW, Palm Bay, and Art Lueke, 635 Kenwood Court, Satellite Beach, to the Contractors Licensing Board. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve Bills, as submitted. Motion carried and ordered unanimously.

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Minutes of the July 2, 1996 Regular Meeting and July 25, and 30, 1996 Special Meetings, as submitted. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PORTION OF PLAT OF HOLIDAY SPRINGS AT SUNTREE - SUNTREE COMMUNITY DEVELOPERS, INC.

Chairman O'Brien called for the public hearing to consider a resolution vacating portion of Plat of Holiday Springs at Suntree as petitioned by the Suntree Community Developers, Inc.

Commissioner Cook advised of the process to replat; and inquired if the applicant is working with the St. Johns River Water Management District on compliance issues; with Mr. Rob Lee, representing the applicant, responding affirmatively.

Discussion ensued on the lot size, compliance with County requirements, continued meetings with residents, and resolution of problems with BellSouth.

There being no further comments heard, motion was made by Commissioner Cook, seconded by Commissioner Higgs, to adopt Resolution vacating portion of Plat of Holiday Springs at Suntree as petitioned by Suntree Community Developers, Inc. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING ED LUPTON

Commissioner Voltz read aloud a resolution commending Ed Lupton for his contributions as a member of the Citizen Budget Review Committee, and presented it to Mr. Lupton.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to adopt Resolution commending Ed Lupton for his service on the Citizen Budget Review Committee. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE GRANTING TAX EXEMPTION TO HYDRO ALUMINUM ROCKLEDGE, INC.

Chairman O'Brien called for the public hearing to consider an ordinance granting tax exemption to Hydro Aluminum Rockledge, Inc.

There being no further comments heard, motion was made by Commissioner Cook, seconded by Commissioner Voltz, to adopt Ordinance granting an economic development ad valorem exemption to Hydro Aluminum Rockledge, Inc., 100 Gus Hipp Boulevard, Rockledge, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of F.S. 196.012(16); providing for proof of eligibility for exemption; providing for an annual report by Hydro Aluminum Rockledge, Inc., providing an effective date. Motion carried and ordered unanimously.

Chairman O'Brien advised Hydro Aluminum is adding a $995,000 building, $9 million in specialized machinery, and 31 more jobs at an average wage of approximately $14 per hour.

FINAL ENGINEERING APPROVAL, RE: OCEAN RIDGE II SUBDIVISION

David Larkin, representing eight lot owners within Ocean Ridge, including the owners of Lots 9, 10, 15, 16, 20, 22, and 26, outlined the objections to the proposed action; and requested the proposed action to expand the subdivision by utilizing existing Lot 25 as access be denied or tabled until his clients have had an opportunity to determine their rights. He advised of the amended Declaration for Ocean Ridge without the approval of the lot owners, and lack of notice.

Jim Swann advised he is one of the owners of the property; they were not aware there was a problem until Friday; and explained the access problem as well as the hardship if the final engineering approval is not granted. He advised of contact with County staff, the St. Johns River Water Management District, and federal agencies; and stated they have done everything required to get approval. He advised they will work with the lot owners in Ocean Ridge to accommodate them wherever possible.

Discussion ensued on purchase of the property from a bank and access problems.

Malcolm Kirschenbaum advised he is a principal of Ocean Ridge II; explained the actions taken by the purchasers and sellers with County staff for development of the property; and noted they have gotten approval of eleven agencies. He noted if there is a problem between the landowners and the original developer of the property, they can pursue it through their attorney.

Land Development Specialist Gwen Heller advised of the history of Ocean Ridge II; and stated they have met all of the regulations of the Land Development Code, and been approved by twelve different agencies. Ms. Heller advised of staff's review of access, elimination of another access onto A1A, width of the road, and covenants and restrictions in the Subdivision to be resolved between homeowners and developer.

Cordelia Gilmore Lavery requested the Board table the item to give the homeowners more time; voiced objection to access to the Subdivision through Lot 25 of the existing Subdivision; and outlined the reasons for her objections. Commissioner Cook inquired which lot Ms. Lavery owns; with Ms. Lavery responding Lot 26.

Assistant County Attorney Shannon Wilson advised no one is indicating any mistake by the County; there is a problem between the current homeowners and the subsequent developer; and it is a civil matter between the homeowners and the initial developer.

Discussion ensued on conservation easement abutting Lot 25, need for more information, developers meeting County requirements, civil matter between homeowners and developer, and whether it is appropriate to table the issue for one week.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to grant final engineering approval for Ocean Ridge II Subdivision, subject to minor engineering changes as applicable. Motion carried and ordered. Commissioners O'Brien, Higgs and Cook voted aye; Commissioners Scarborough and Voltz voted nay.

The meeting recessed at 10:08 a.m. and reconvened at 10:23 a.m.

DISCUSSION, RE: RESIDENTIAL LOT ELEVATIONS

Commissioner Scarborough submitted photographs illustrating the problem with residential lot elevations.

County Manager Tom Jenkins advised the Building and Construction Advisory Committee (BCAC) recommended against height limitation; explained the Committee's rationale; and advised of one resident's problems. He outlined staff's suggested options to amend the existing Ordinance.

Harry Fuller, representing Space Coast Builders Association, indicated he has no problem with the option to withhold the Certificate of Occupancy for site approval; and inquired if the BCAC discussed the option concerning getting a civil engineer. Code Compliance Director Ralph Brescia advised the item was before the BCAC on February 5, 1997. Mr. Fuller explained his objection concerning the option for a civil engineer if the lot is below the crown of the road. He addressed the cost of civil engineering, septic tank elevations, and aesthetics of building on pilings.

Discussion ensued on obvious drainage problems, increasing costs and delays to the builder, problems with staff making determination, and not requiring engineering.

Ed Fleis, representing the Building and Construction Advisory Committee, stated the Committee endorses the recommendation made by the County Manager; voiced objection to an ordinance for maximum building heights; and advised of issues in Port St. John. He addressed the issue of cost; and advised of instances when a civil engineer would be necessary.

Discussion ensued on not having engineers involved in single-family development, flooding from roads, elevations dictated by septic tanks, and withholding the certificate of occupancy until approval of drainage plan.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorize advertising public hearing to consider an ordinance amending Ordinance 95-52 to allow the Chief Building Official to withhold issuance of the certificate of occupancy until Public Works has approved the drainage plan, and provide that upon final inspection and issuance of a certificate of occupancy, it shall be the responsibility of the property owner to maintain the original drainage design as permitted, with deviation or modification of the drainage system to be handled as a Code Compliance issue.

Discussion ensued on how often this happens in a year, the inflammatory fax which was sent, responsibility of the Board to see that adjacent lots are not flooded, effective drainage plans, FEMA rules, and stilt houses.

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

Motion by Commissioner Higgs, to direct that the advertising include the option that the Public Works Department have the ability to require a sealed plan in certain specified circumstances. Motion died for lack of a second.

Discussion ensued on recommending a civil engineer for unresolved problems, problems in giving advice on drainage design, obvious drainage problems, and concern about how Rule 10.D.6 is being applied.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct the County Manager or his designee to prepare a letter to the Secretary of the Department of Community Affairs for the Chairman's signature advising of the Board's concerns about how Rule 10.D.6 is being applied and that adjoining septic systems be a part of the consideration in site elevations. Motion carried and ordered unanimously.

Mr. Fuller assured his organization did not promote any aesthetic aspect.

RESOLUTION, RE: APPROVING INTERLOCAL AGREEMENT BETWEEN BREVARD COUNTY HOUSING FINANCE AUTHORITY AND CLAY COUNTY HOUSING FINANCE AUTHORITY FOR PURCHASE OF SINGLE FAMILY MORTGAGES

Motion by Commissioner Voltz, seconded by Commissioner Cook, to adopt Resolution approving an Interlocal Agreement between the Brevard County and Clay County Housing Authorities to allow utilization of bond funds issued by the Clay County Housing Authority by Brevard County residents for purchase of single-family mortgages.

Commissioner Cook inquired about the recommended language from the Bond Counsel; with Assistant County Attorney Shannon Wilson responding the language was added; and requested approval be subject to the County Attorney's approval.

Attorney Angela Abbott advised the change was approved and incorporated into the Interlocal Agreement; and submitted a copy for the Board's review. She advised of an amendment to the Resolution increasing the size of the issue from $30 million to not to exceed $45 million.

Commissioner Voltz amended the motion to include approval contingent upon the review and approval of the County Attorney; with Commissioner Cook agreeing.

Discussion ensued on the size of the issue.

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

APPROVAL OF EXPENDITURE, RE: CRANE CREEK DREDGING PROJECT

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve expenditure of $17,500 as Brevard County's share in the engineering and permitting of the Crane Creek Dredging Project.

Chairman O'Brien voiced objection to the motion; and advised of other pending dredging projects which have direct effect on residential areas.

Public Works Director Henry Minneboo explained the Crane Creek dredging project; and advised of the County's part in contributing to pollution in the Crane Creek area.

Discussion ensued on the participants in the project, intergovernmental cooperation to solve the problem, ability to do other projects, maintenance, F.I.N.D. allocation, and making the Board's action contingent upon St. Johns River Water Management District's action.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to amend the previous motion to approve expenditure of $17,500 as Brevard County's share in the engineering and permitting of the Crane Creek Dredging Project, contingent upon the St. Johns River Water Management District Governing Board committing funding for implementation of the project.

Discussion proceeded on funding and effect on people.

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

RESOLUTION AND PERMISSION TO TRAVEL, RE: WIDENING OF U.S. 192

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution endorsing the widening of U.S. 192; and authorize travel to Washington, D.C. for those elected officials and staff members requested by Congressman Weldon to testify before Congress on behalf of the project. Motion carried and ordered unanimously.

DISCUSSION, RE: CREATION OF COMMUNITY ACTION AGENCY

Assistant County Manager Joan Madden explained the requested action to apply for designation as a Community Action Agency.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to authorize submittal of a letter of intent to participate in the creation of a Community Action Agency; and authorize staff to meet with appropriate non-profit organizations, businesses, residents in the community and the State of Florida Department of Community Affairs staff, and submit a grant application as required for funding. Motion carried and ordered unanimously.

AGREEMENT TO EXTEND EXISTING CONTRACT WITH THE SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OF NORTH BREVARD, INC., RE: ANIMAL SHELTERING SERVICES

Commissioner Higgs suggested extending to September 30, 1997 instead of April 14, 1997 in order to allow for an orderly process.

Motion by Commissioner Higgs, to execute Agreement to Extend Existing Agreement with the Society for the Prevention of Cruelty to Animals of North Brevard, Inc. for animal sheltering services, extending the term to September 30, 1997. Motion died for lack of a second.

Discussion ensued on scheduled meetings with veterinarians, disadvantages of extending to September, 1997, and continuing dialogue between groups.

County Manager Tom Jenkins advised of a call from Dr. Meyerer expressing concerns about extending the agreement until September, 1997.

Melinda Buscher advised of problems with neutering cats too early; voiced opposition to breed discrimination; expressed concerns about feeding techniques and lack of veterinarian care; and requested a financial report, allowing pets to be adopted by people with pets which have not been neutered, and a volunteer committee to oversee the SPCA.

Susan Canada expressed concern about the reporting requirements of the SPCA, breech of contract with the County, breed discrimination, and how the five-day limit is implemented when there are holidays; and requested inspection of daily and euthanasia logs, establishment of a group to oversee, and review of discrepancies.

Dr. Stephen Grigsby, representing the Brevard County Veterinary Medical Association, requested time to work differences out; advised of the working relationship between veterinarians and animal shelters in Central and South Brevard and problems in North Brevard; and requested everything be resolved as quickly as possible.

Erna Uhlig, representing the SPCA, advised of Ms. Canada's obsession to tear down the good reputation of the SPCA; outlined actions taken by Ms. Canada; and suggested future schemes to harass the SPCA should be ignored.

Commissioner Scarborough requested the issue be deferred for one week to allow time to get more information; and advised of letters to his office.

Commissioner Higgs advised of the need to establish the contract with the SPCA.

Motion by Commissioner Higgs, to execute Agreement to Extend Existing Agreement with the Society for the Prevention of Cruelty to Animals of North Brevard, Inc. for animal sheltering services, extending the term to September 30, 1997. Motion died for lack of a second.

Discussion ensued on deferring action, the Contract expiration date, and the workshop date.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Agreement to Extend Existing Contract with The Society for the Prevention of Cruelty to Animals of North Brevard, Inc. for animal sheltering services, extending the term until April 14, 1997.

Discussion ensued on extending the Contract and which issues are relevant.

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

Chairman O'Brien advised the Animal Control workshop will be held on the afternoon of February 27, 1997.

Discussion ensued on the issues to be discussed at the workshop.

SUBORDINATION AGREEMENT WITH ERIC R. AND DEBORAH S. COONAN, RE: FIRST TIME HOME BUYERS REFINANCING OF MORTGAGE

Commissioner Higgs requested the Board develop a policy so similar items may be handled administratively under certain conditions.

Motion by Commissioner Higgs, seconded by Commissioner Cook, execute Subordination Agreement with Eric R. and Deborah S. Coonan; and direct the County Manager to come back to the Board with a policy for refinancings including condition that the applicants will not receive cash back from the refinancing. Motion carried and ordered unanimously.

AUTHORIZATION TO JOIN COMMITTEE OF POTENTIALLY RESPONSIBLE PARTIES, RE: REMOVAL OF ACTIVITIES AT FLORIDA PETROLEUM REPROCESSORS SITE IN DAVIE, FLORIDA

Commissioner Voltz requested the Board cap the amount of money the County Attorney can spend, and direct staff to check the current site where oil is being dumped.

Assistant County Attorney Shannon Wilson advised the request is for up to $25,000; and beyond that the County Attorney will come back to the Board for direction.

County Manager Tom Jenkins advised he will check on the current sites.

Discussion ensued on waste oil sites, status of the law, and limiting liability.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to authorize the County to join committee of potentially responsible parties to effect immediate removal activities of tanks and petroleum products at Florida Petroleum Reprocessors site in Davie, Florida, as required by federal law, and expend monies determined necessary by the committee, limiting liability to $25,000. Motion carried and ordered unanimously.

The meeting recessed at 12:02 p.m. and reconvened at 12:15 p.m.

EXECUTIVE SESSION

Chairman O'Brien advised there is a need to have an executive session on February 18, 1997 at 5:00 p.m. The Board reached consensus to schedule an executive session at 5:00 p.m. on February 18, 1997.

AGREEMENTS AND AMENDMENTS WITH MUNICIPALITIES, AND BUDGET CHANGE REQUESTS, RE: TRANSPORTATION IMPACT FEE DISTRIBUTION

Commissioner Cook inquired about the policy of the Board on Impact Fee Benefit Districts; and noted there are other worthy projects within the Benefit District. Growth Management Director Susan Hann explained the process for allocation of Transportation Impact Fees and the need to use Impact Fee revenue to supplement the County's major road projects; and advised of the practice of programming a certain amount of Impact Fee revenues in the long-term cash projections. She advised of eligible projects and the percentages of the projects funded through Impact Fees. Commissioner Cook inquired about a standard or policy for equity.

Commissioner Scarborough stated it is an evolving policy; explained how it was used in Port St. John to complete projects; and advised of the need to move forward with the interchange in a timely manner. He advised the policy is to keep the County moving forward as a whole, equitably and meeting all legal requirements for utilization of Impact Fees.

Discussion ensued on need for further discussion on a fair policy, and which municipalities have opted out of the Impact Fee Program,

Commissioner Higgs indicated intent to move to table consideration of Agreements and Amendments with municipalities for Transportation Impact Fee distribution to allow staff to work on the policy implications. Ms. Hann requested the Board move forward with the Agreements for the municipalities to allow them to proceed with their projects.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to execute Disbursement Agreements with the Cities of Cape Canaveral, Indian Harbour Beach, Rockledge and Satellite Beach and the Town of Malabar for Impact Fee projects; approve moving forward with Project 1 under Benefit District 4, Project 1 under Benefit District 6, Project 1 under Benefit District 7, Projects 1 and 2 under Benefit District 9, and all projects under Benefit District 8; and direct staff to return to the Board with broad policies for impact fee projects and disbursement.

Commissioner Voltz inquired if there is a need for municipality involvement; with Ms. Hann responding the cities participate in the Technical Advisory Committee meetings.

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

ASSIGNMENT TO AGREEMENTS WITH LOGAN VENTURES D/B/A MASH HOAGIES TO MIKE AND MARLA MIONE, RE: GOVERNMENT CENTER SNACK BAR AND VENDING MACHINE SERVICE AT GOVERNMENT AND JUSTICE CENTERS

Commissioner Cook advised of the sale of the snack bar to another vendor and the request for change of contract to the new vendor; and inquired if this has been reviewed by the County Attorney. Assistant County Attorney Shannon Wilson responded the action is appropriate for the Board to consider. Commissioner Cook expressed concern about selling contracts.

Vendor Mary Zippi advised of the details of the sale.

Discussion ensued on transfer of the lease, assignment of contract, need for more information, and policies to address situations where there is a substantial change of management.

Motion by Commissioner Cook, seconded by Scarborough, to table consideration of Assignment of Agreements with Logan Ventures d/b/a/ MASH Hoagies to Mike and Marla Mione for snack bar and vending machine services at the Government Center and Justice Center to February 18, 1997 Board meeting. Motion carried and ordered unanimously.

RESOLUTION AND AMENDED AND RESTATED INTERLOCAL AGREEMENT, RE: CREATING FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION

Commissioner Cook inquired if the proposed resolution and agreement were reviewed by the Finance Committee; with Budget Director Kathy Wall responding affirmatively.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution approving an amended and restated Interlocal Agreement creating the Florida Local Government Finance Commission (FLGFC) to include Lee and Osceola Counties as voting members; and execute the Agreement. Motion carried and ordered unanimously.

AGREEMENT WITH THE VILLAS OF SUNTREE HOMEOWNERS ASSOCIATION, INC., RE: TRANSFER OF PRIVATE RIGHTS-OF-WAY TO PUBLIC RIGHTS-OF-WAY IN THE VILLAS AT SUNTREE SUBDIVISION

Commissioner Voltz expressed concern about taking over maintenance of the roads and the incorporation of Suntree; and inquired if this should wait until July, 1997.

Discussion ensued on the condition of the roads, no inclusion of sanitary sewer or stormwater, payment of Road and Bridge MSTU, and requirements for conversion. Land Development Specialist Gwen Heller advised of correspondence from the St. Johns River Water Management District on the project and why road borings are not required. Discussion resumed on what will happen if Suntree incorporates.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to execute Agreement with the Villas of Suntree Homeowners Association, Inc. for transfer of private rights-of-way to public rights-of-way in The Villas at Suntree Subdivision. Motion carried and ordered unanimously.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 12:48 p.m.

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

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