MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

April 22, 1997

The Board of County Commissioners of Brevard County, Florida, met in regular session on April 22, 1997, at 9:03 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 Reverend Jay Seabrook, St. Luke?s Presbyterian Church, Titusville.

Commissioner Helen Voltz led the assembly in the Pledge of Allegiance.

County Manager Tom Jenkins advised documents have not been received for Item IV.A, Resolution Vacating Right-of-way in Indian River Groves and Gardens - Spiegel Lease Corporation; and requested it be continued for one week.

Assistant County Manager Joan Madden advised on October 22, 1996, the County advertised local environmental assessment comment period on the South Mainland Community Center; as a result of the comments received, the County has done a re-evaluation; and requested permission to advertise the re-evaluation and new comment period.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Combined Notice to the Public of No Significant Impact to the Environment and Notice to the Public of Request for Release of Funds to All Interested Agencies, Groups, and Persons, and Certification forms for the South Mainland Community Library. Motion carried and ordered unanimously.

Commissioner Cook advised of requests to have the Manatee Protection Plan heard at the night meeting on May 20, 1997.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to reschedule discussion on the Manatee Protection Plan from April 29, 1997 to the May 20,1997 meeting at 5:30 p.m. Motion carried and ordered unanimously.

Commissioner Cook inquired about the status of the Code for separation of commercial and residential property by solid wall.

County Manager Tom Jenkins advised it is part of the Landscaping Ordinance which is scheduled to go to the LPA in May, 1997; but it could be broken out, if the Board desires.

Commissioner Cook provided an update on the status of Senator Bronson?s bill concerning aquaculture; and advised it is likely to pass. He expressed concern about taking away the authority of the County to object to or set conditions for the leases.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to direct the County Manager to draft a letter for the Chairman?s signature, to Governor Lawton Chiles expressing the Board?s concern about the aquaculture bill.

Discussion ensued on lack of sponsors from the Delegation, lack of interest in the bill by other counties, frustration of State bureaucrats making decisions, Florida TODAY editorial, assurances from Department of Environmental Protection, concerns about prices and terms of leases, ability to comment and object, taking authority from the County, effect of the proposed bill on aquaculture, and subleasing at Port Canaveral.

Commissioner Cook recommended including copies of the editorial with the letter and sending them to all State Representatives as well as the Governor.

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

Commissioner Voltz inquired about observance of the National Day of Prayer. County Manager Tom Jenkins explained the voluntary ceremony.

Discussion ensued on observances at each County facility.

Chairman O?Brien read aloud a resolution commending Assistant County Manager Joan Madden for her many years of service to the County.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution commending Joan Madden for her years of service to the citizens of Brevard County, and wishing her an enjoyable and happy retirement. Motion carried and ordered unanimously.

Chairman O?Brien presented the Resolution to Ms. Madden. Ms. Madden expressed appreciation to the present Board, previous Boards, her secretary Karon Dillon, and the County Manager, and recognized the contributions of others.

The Commissioners and County Manager Tom Jenkins expressed appreciation to Ms. Madden for her outstanding service.

Mark Ryan and Bill Hall, representing the Brevard County Public Management Association, presented a plaque to Ms. Madden in recognition of her service to the citizens of the County.

Commissioner Higgs read aloud a resolution commending James Wallace for his achievement of the Boy Scouts of America Eagle Scout Award.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution commending James Wallace for his achievement of the Boy Scouts of America Eagle Scout Award. Motion carried and ordered unanimously.

Commissioner Higgs presented the Resolution to Mr. Wallace and his parents. Mr. Wallace recommended others join the Boy Scouts of America.

Discussion ensued on recognizing other youth in the community who are doing things that are good.

RESOLUTION, RE: PROCLAIMING PROFESSIONAL SECRETARIES WEEK

Motion by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution proclaiming the week of April 20 through April 26, 1997 as Professional Secretaries? Week in Brevard County. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to execute Unpaved Road Agreement with David and Lillian Zakaluk for a building permit off existing right-of-way constructed to the standards of Unpaved Road Ordinance No. 97-02. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to acknowledge receipt of Ordinance No. 97-13 from the City of Melbourne for voluntary annexation of property west of Wickham Road. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to execute Contracts for Sale and Purchase with John E. and Veronica Sharp, Au Van Mai, and Farmers and Merchants State Bank for properties adjacent to the Central Disposal Facility. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to execute Modification of Lease with NREC Indian Harbour, Inc. extending lease through April 30, 2001 at a monthly rate of $1,478.62 for office space for the Tax Collector in Indian Harbour Beach. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve Change Order No. 2 to Agreement with PAVCO Construction, Inc. increasing contract price by $43,266.59 and time by ten days for Detention Center Minimum Security Dormitory Modifications for security upgrades. Motion carried and ordered unanimously.

APPROVAL, RE: MISSING PROPERTY DISPOSAL

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve removal of one Telaire CO2 PPM Meter #H522-0625, Portable Pressure Washer #G433-0071, and Hoover Vacuum Cleaner #J611-0248 from the County?s Inventory. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve three positions, (1) Heavy Equipment Operator-Lead, (2) Automotive Equipment Operator II, and (3) Automotive Equipment Operator I, for the dredging program in District 2. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to authorize bid and award to low qualified bidder for reroofing of the Parks and Recreation, and Elections storage building on Lake Drive in Cocoa for an estimated replacement cost of $90,000. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD AND EXECUTE CONTRACT WITH QUALIFIED BIDDER, RE: ROAD AND BRIDGE MAINTENANCE FACILITY AT WICKHAM ROAD COMPLEX

Motion by Commissioner Cook, seconded by Commissioner Voltz, to grant permission to bid, award bid, and execute contract with the most qualified bidder for construction of a 40-foot by 30-foot office building with an attached pre-engineered, open-sided 40-foot by 175-foot storage building at the South Area Road and Bridge Maintenance facility at the Wickham Road Complex. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to grant permission to bid, award bid to lowest responsible bidder, and execute contract for intersection improvements at Fortenberry Avenue and Plumosa Street, and part of Merritt Ridge Basin 3 stormwater project. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to waive bid requirements and approve purchase of the following heavy equipment using GSA pricing as approved under the Capital Outlay Budget for FY 1996-97: 928G Wheel Loader at $102,467.32, 12H Motor Grader for $140,884.00, 426C Loader/Backhoe at $62,100.00, and 416C Loader/Backhoe at $55,600.00. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF PALM BAY, RE: TRANSFER OF CDBG FUNDS

Motion by Commissioner Cook, seconded by Commissioner Voltz, to execute Agreement with City of Palm Bay for transfer of Community Development Block Grant funds of $333,933.33. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to execute Application, Agreement, and Authorization Forms with State of Florida DCFS Services to allow Country Acres Parental Home to receive donated commodity items to supplement meals. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to execute Agreement with Florida Department of Education for unitized meals for the Summer Food Service Program. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to execute Amendment No. 1 to Agreement with Brad Smith Associates, Inc. for extension of time for architect and engineering services for development of Lake Washington Park. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to execute Amendment No. 6 to Agreement with Department of Environmental Protection extending time to November 1, 1997 for the Florida Recreation Development Assistance Program Grant for Palm Bay Regional Park Project No. F90-110. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution establishing the Brevard County Comprehensive Emergency Management Plan as the official document to guide the County during emergency disaster response and/or recovery operations superseding the 1992 Peacetime Emergency Plan. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to authorize increase of Purchase Order #422137 to $47,050.08 for purchase of fill dirt. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution authorizing the Brevard Museum?s application for a Xeriscape/Beautification Grant from Keep Brevard Beautiful. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to acknowledge receipt of the City of Melbourne?s Community Redevelopment Agency Financial Report for the year ending September 30, 1996. Motion carried and ordered unanimously.

VEHICLE MAINTENANCE AND REPAIR SERVICE

Motion by Commissioner Cook, seconded by Commissioner Voltz, to execute Agreement with The Association of Retarded Citizens, Brevard Inc. for repair, service, and maintenance of ARC vehicles. Motion carried and ordered unanimously.

REJECT BIDS AND GRANT PERMISSION TO RE-BID, RE: BID #B-2-6-115, RENOVATION OF HOME AT 2923 KENNEDY AVENUE, MIMS

Motion by Commissioner Cook, seconded by Commissioner Voltz, to reject bids for Bid #B-2-6-115 and grant Purchasing permission to rebid the renovation of home located at 2923 Kennedy Avenue, Mims. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to acknowledge receipt of Florida Inland Navigation District (F.I.N.D.) audited financial statements for Fiscal Year ending September 30, 1996. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZENS ADVISORY BOARDS

Motion by Commissioner Cook, seconded by Commissioner Voltz, to appoint/reappoint the following: Angie Weaver, 6525 Addie Avenue, Port St. John, to the Animal Control Dangerous Dog Hearing Council, Hugh Normile, 1316 South Riverside Drive, Indialantic, to the Housing Finance Authority, and Camille Herring, 221-4th Avenue, Melbourne Beach, to the Affordable Housing Council. Motion carried and ordered unanimously.

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

Chairman O?Brien called for the public hearing to consider a resolution vacating right-of-way in Indian River Groves and Gardens as petitioned by Spiegel Lease Corporation.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to continue the public hearing to consider a resolution vacating right-of-way in Indian River Groves and Gardens as petitioned by Spiegel Lease Corporation to April 29, 1997. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: APPEAL OF CONSERVATION ELEMENT POLICY 5.2.F.2 OF BREVARD COUNTY COMPREHENSIVE LAND USE PLAN

Chairman O?Brien called for a public hearing to consider an appeal of Conservation Element Policy 5.2.F.2.

Leonard Spielvogel, Attorney representing petitioner Sam Bockman, advised his client is appealing the finding of the Office of Natural Resources Management to not permit filling of a 1.17-acre parcel of degraded wetlands; and submitted photographs showing the location of the property at the southwest corner of Wickham and Turtlemound Roads. He advised of permits from the St. Johns River Water Management District and U.S. Army Corps of Engineers, and the size of the entire parcel, description of surrounding parcels, and zoning. He stated the site is part of the Master Drainage Plan for Suntree developments, and is not required to have on-site retention. He outlined requirements of the Comprehensive Plan; explained what the applicant is proposing after negotiation with the St. Johns River Water Management District, and advised of benefit to the community.

Chairman O?Brien advised Charles Turner?s resume has been submitted, and indicates Mr. Turner will present competent and substantial evidence as an expert. Discussion ensued on Mr. Turner?s background.

Charles Turner, Environmental Consultant with Consolidated Environmental Engineering, presented aerial photos of the property; described the area; and provided a history of the area drainage. He stated the original source of the water, besides rainfall, which was drainage from the south, no longer flows onto that property. He read aloud from the Wetland Protection Code about functions of wetlands; and addressed the water quality and quantity on the parcel. He stated the wetland will be severely stressed; advised of vegetation in the wetland area; and emphasized the greatest benefit to wildlife and water quality is when wetlands are diverse and contiguous ecosystems. He advised the mitigation being offered for the wetland is 19 acres on the Sebastian River in Micco.

Hassan Kamal, Project Engineer, explained how the permits were obtained from the St. Johns River Water Management District and U.S. Corps of Engineers.

Mr. Spielvogel advised there was an affirmative vote of the Local Planning Agency; and outlined the ways the request meets the public interest and all the requirements of the Conservation Element of the Comprehensive Plan. He addressed feasible alternative location, traffic count, payment to the St. Johns River Water Management District for acquisition of property, and serving the public interest.

Commissioner Cook advised of LPA approval; expressed concerns about egress/ingress and impacts to the wetlands; and commented on different interpretations. He noted the only objection is from staff; but it is allowable under the Agreement with the Department of Community Affairs, and is permitted by the St. Johns River Water Management District and the U.S. Army Corps of Engineers. He expressed preference for nothing on the parcel; but explained how decisions of the Board must be made.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve appeal to the Conservation Element Policy 5.2.F.2 of the Comprehensive Land Use Plan and Section 62-4424(b)(c) of the Land Alteration Code by Sam Bockman, Trustee, for 3.84 acres located at the southwest corner of the Interlachen (Turtlemound) and Wickham Roads.

Commissioner Higgs noted the new language in the Comprehensive Plan would allow this, but it has not been adopted yet; and read aloud from the current Plan. She expressed concern that the project does not meet the criteria of the current Plan. Commissioner Scarborough explained his support of the project. Commissioner Cook spoke in favor of keeping commercialization in targeted areas.

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

The meeting recessed at 10:17 a.m. and reconvened at 10:33 a.m.

Motion by Commissioner Higgs, to deny Lease Agreement with Sheldon Cove, Ltd. for office space located in Cape Canaveral for the Tourist Development Council (TDC). Motion died for lack of a second.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to execute Lease Agreement with Sheldon Cove, Ltd. for office space located in Cape Canaveral for the Tourist Development Council.

Commissioner Higgs expressed support for keeping the TDC in the Government Center. Discussion ensued on reasons to move the office, use of the TDC space for administrative purposes, unanimous recommendation of the TDC, use of space by Health Department, and length of lease.

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

Clerk of the Circuit and County Courts Sandy Crawford introduced Chief Deputy Jim Giles and Finance Director Steve Burdett; and presented the annual Financial Audit of Individual County Agencies including all Constitutional Officers and the Board of County Commissioners, the Comprehensive Annual Financial Report, and the Citizens Annual Financial Report.

Finance Director Steve Burdett advised of the availability of the Citizens Annual Financial Report to the public. Commissioner Cook complimented the Clerk on the Citizens Annual Financial Report.

Commissioner Voltz inquired about the increase in population and the decrease in the labor force. Mr. Crawford explained the source of the statistics. Discussion ensued on the reason for the decrease in labor force.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to accept the Annual Financial Audit of Individual County Agencies, Comprehensive Annual Financial Report, and Citizens Annual Financial Report for the Fiscal Year Ending September 30, 1996. Motion carried and ordered unanimously.

DISCUSSION, RE: CUP PROCESS

Zoning Official Rick Enos advised of Board direction to look at the Conditional Use Permit (CUP) process; and explained the circumstances which led to the direction. He advised of difficulties with CUP process, and specific and general conditions; and recommended bringing the process up to date. He requested the Board approve the concept of amending the process; proposed going to a permitted use with conditions; and explained the proposal.

Discussion ensued on new Court standards, need for competent, substantial evidence to deny, and strengthening CUP criteria.

Mr. Enos advised strengthening the criteria is an option; the proposed options can stand alone or be used in concert with each other; but setting stronger conditions does not change the process. Commissioner Cook expressed support for the public hearing process and notification of property owners. Mr. Enos advised if the Board chooses to go with permitted use with conditions, there would be a staff review, and it should only be done if the conditions are so strong that it is impossible to conceive of a circumstance where there would be a problem with staff approving if the conditions are met. He advised if the applicant cannot meet the conditions, he or she could apply for a waiver; and in that case it would be up to the applicant to provide the proof. Commissioner Cook expressed concern about the ability to see every condition; with Mr. Enos advising in some cases the Board may wish to retain the CUP public hearing process, but other CUP?s may be of lesser consequences, and the Board may be comfortable with a staff determination with stronger conditions. Commissioner Higgs expressed support for looking at other ways of doing CUP?s; and suggested looking at two or three specific CUP?s, such as heliports or incinerators, with a range of options to compare. Commissioner Voltz expressed support for the public hearing process. Commissioner Scarborough expressed support for proceeding with specific CUP?s with increased criteria; and once the Board is comfortable with those, permitted use with conditions at staff level can be discussed.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to direct staff to look at ways of strengthening the Conditional Use Permits (CUP?s), and bring a few CUP?s with strengthened criteria to the Board for review. Motion carried and ordered unanimously.

Public Works Director Henry Minneboo explained the request to proceed with the Port St. John Connector Road Project; and advised staff supports the four-laning of the section of roadway between Grissom Road and I-95. He noted a cost breakdown has been provided.

Tom Denson, Frank Costello, and Mary Tees expressed support for the four-laning of the road.

Discussion ensued on money from Minton Road being spent in North Brevard, Country Club Boulevard and Croton Road projects, moving forward with preliminary engineering for Croton Road and bridge at Country Club Boulevard, working with City of Melbourne, and allocation from the Gas Tax.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve the Preliminary Engineering Report for the Port St. John East Connector Road Project; authorize the Public Works Department to issue a Notice to Proceed with Phase II Final Engineering for a four-laned divided roadway, and proceed with remaining title searches and appraisals; approve funding of the project; authorize the Chairman to sign a letter to the Florida Department of Transportation stating the Board?s position regarding the project; and approve the January 7, 1997 Agenda item for Croton Road widening project and Country Club bridge. Motion carried and ordered unanimously.

Planning Section Manager Mel Scott outlined the background for the request.

Chairman O?Brien expressed preference for Option 2, to modify the fee structure.

Motion by Higgs, seconded by Commissioner Voltz, to adopt Resolution modifying the fee structure to assess $25,000 at the beginning of the process for substantial deviations to Developments of Regional Impact (DRI?s), and at the conclusion of the process, the applicant would either receive a refund of unused funds or be required to pay additional funds to cover the expenses in excess of $25,000. Motion carried and ordered unanimously.

Commissioner Higgs advised the Board acted lawfully; and she would be comfortable allowing the County Attorney to draft a letter in response, and present it to the Board at the April 24, 1997 zoning meeting. She suggested various acceptable actions.

Discussion ensued on no connection between the Fair Housing Continuum and revoking lease of private firm renting County property, no violation of fair housing issues, dealing with HUD issuestreatment of disabled individuals, putting County in role of real estate agent, compliance with ADA and fair housing requirements, revision of CUP policy for group homes, and conciliation.

Commissioner Cook advised the County Attorney can respond to Housing and Urban Development based on why the Board took the action it did, and why that action was credible; however, the response should not go beyond that.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve funding request in the amount of $1,500 for Teen Pregnancy Summit, to be distributed on an invoice basis.

Chairman O?Brien expressed concern about the low balance in the fund and the amount of time left in the year; and advised it is not the County?s job to provide money to everyone who asks for it. Discussion ensued on the fund, and good use of public money.

Commissioner Cook amended the motion to approve funding request in the amount of $1,000 for Teen Pregnancy Summit, to be distributed on an invoice basis; and request the organization go through the Community Based Organization (CBO) process next year.

Commissioner Voltz inquired if condoms will be distributed at the program; with Earthy Spaulding responding no. Ms. Spaulding explained the purpose of the program is to encourage young people to delay sexual activity.

Commissioner Scarborough emphasized the importance of the County forming partnerships with groups; and commented on the ability to reallocate funds, if necessary.

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

Chairman O?Brien advised of a list of road projects; and stated the top priority right now is U.S. 1, from Conlan to University. He suggested adding a corridor study of S.R. 524, from Grissom Road to S.R. 520.

Commissioner Cook commented on the status of Mathers Bridge. Growth Management Director Susan Hann outlined the status of Mathers and Brewer Bridges. Commissioner Cook suggested addition of Barnes Boulevard, from Fiske Boulevard to Murrell Road.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to authorize staff to submit List of Project Priorities to Brevard MPO for preliminary consideration, with the addition of #23, corridor study for S.R. 524, from Grissom Road to S.R. 520, and #24, corridor study for Barnes Boulevard, from Fiske Boulevard to Murrell Road. Motion carried and ordered unanimously.

Chairman O?Brien expressed support for option 2. Chairman Cook expressed support for either option 2 or 3.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve option 3 for appointments to Contractors? Licensing Board of individuals with expertise in fire safety, where Board members will draw from a hat to determine who will make the appointments annually.

Commissioner Voltz suggested each Board member submit one name for ranking. Discussion ensued on methods of appointment.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to amend the motion to approve a method for appointment of two members with expertise in fire safety to the Contractors? Licensing Board, whereby each Commissioner would nominate one individual, and the Board would rank the five nominees and make two appointments. Motion carried and ordered unanimously.

RESOLUTION, RE: FEE SCHEDULE REVISION FOR HEALTH DEPARTMENT

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution revising the Fee Schedule for the Brevard County Health Department.

Discussion ensued on charges for encounter groups and death certificates, revenue stream, and number of death certificates. Assistant County Manager Joan Madden advised the item can be rescheduled, and a representative of the Health Department can be present to respond to questions.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to table consideration of Resolution revising Fee Schedule for Vital Records and setting a fee of $4 per hour, per person for encounter groups, counseling, and educational classes to April 29, 1997. Motion carried and ordered unanimously.

Staff advised of the requirement to file a plan with the State for use of SHIP funds, and of contingency set-aside for natural disasters.

Discussion ensued on assistance directly to renters, focus on home ownership, down payments and closing costs, and marketing activities and budget.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to increase the marketing budget by $1,000.

Assistant County Manager Joan Madden reminded the Board of the 10% cap; and advised the $1,000 will have to come from another line item.

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

Discussion resumed on assistance to elderly renters.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct staff to provide a report on rental programs, including those targeting the elderly.

Chairman O?Brien questioned whether it is discriminating; and expressed concern about subsidizing rents in buildings which were built using federal funds, and should be affordable housing.

Discussion ensued on people who are not addressed by the programs, need to focus on needs of the people rather than profits being made by owners, available federal programs, and focus on home ownership.

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

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution for the State Housing Initiatives Partnership Program (SHIP) Housing Assistance Plan for FY 1997-1998 through 1999-2000; execute required State Certifications; authorize staff to submit the Plan to the Florida Housing Finance Agency(FHFA), with any minor amendments which FHFA determines necessary to meet the requirements of the State; and authorize advertisement of the availability of funds.

The meeting recessed at 12:00 noon to 1:03 p.m.

Staff advised changes to the Brevard County Voluntary Replacement Housing Program have been made to comply with U.S. Department of Housing and Urban Development regulations.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve Amended Policy for the Brevard County Voluntary Replacement Housing Program to bring the current policy into compliance with U.S. Department of Housing and Urban Development?s Community Development Block Grant and HOME Programs, and the State Housing Initiative Partnership Program. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Assignment of Option to Purchase 354.42? acres from Caron Balkany; and authorize County Finance to issue checks at closing.

Commissioner Voltz advised she cannot support the motion because she did not get the information in time to read it. Discussion ensued on whether the item can be deferred for one week, renegotiated language, 45-day time line, whether a draft contract should have been provided, and assurance of public access.

Dr. Duane DeFreese, EEL Program Coordinator, stated he advised The Nature Conservancy that if he does not have full packages, it will not be scheduled before the Board. Assistant County Manager Stephen Peffer advised language will be provided to the Board with indication that it is a draft, and with notations indicating areas which are subject to change.

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

WAIVER REQUEST BY CLIFFORD PEARSON DESIGN GROUP, RE: REDUCTION TO BUILDING SETBACKS AS ESTABLISHED IN LANDSCAPING REGULATIONS

Clifford Pearson advised of the purchase of the property in 1986, and information provided by government agencies regarding the setbacks. He stated they did not discover the 40-foot buffer between the BU-2 and RU-1-8 until the walk-through; and explained the problem created by the buffer. He noted the property was rezoned in 1986 from RU-1-7 to BU-2; the Minutes of the meeting indicate a waiver would be involved if the zoning was approved; and he interpreted that to mean there would not be a problem later with the buffer. He requested the buffer be waived and the 20-foot landscaping setback be approved; and advised of inability to increase the building or impervious surface. He indicated willingness to put in a masonry wall on the north and the east sides of the property.

Chairman O?Brien noted staff recommends approval; and advised of the benefit to the community.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to grant waiver of landscaping Regulations Section 62-4335(5), reducing the building setbacks from 40 feet to 20 feet on the east side of a 70-foot by 175-foot lot zoned BU-2, as requested by Clifford Pearson Design Group on behalf of owner, John Bailey.

Commissioner Scarborough inquired if adjoining property owners were notified; with staff responding no. Commissioner Scarborough advised the adjoining property owners have the right to speak on the issue. Commissioner Cook advised notices can be sent out; with staff responding it can do that, and Mr. Pearson had some discussion with the property owners.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to table consideration of waiver request by Clifford Pearson Design Group for reduction to building setbacks established in the Landscaping Regulations to April 29, 1997; and direct staff to notify adjoining property owners of the meeting. Motion carried and ordered unanimously.

Chairman O?Brien and Commissioner Voltz expressed support for ranking the nominees for appointment. Commissioner Scarborough explained his opposition to ranking. Discussion ensued on how to proceed, with the Board reaching consensus to rank first and second nominees. The Commissioners submitted their nominees to Management Services Director Stockton Whitten for tabulation.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to appoint Commissioner Helen Voltz to the Juvenile Justice Council representing the Board of County Commissioners. Motion carried and ordered unanimously.

Commissioner Cook stated every bank in the County is going to respond to the RFP for an ATM machine at the Government Center; and expressed concern about how the selection will be made. He questioned whether it is appropriate to have an ATM at the Government Center.

Discussion ensued on stipulating no charges for ATM transactions. Facilities Management Director Hugh Muller advised of a proposal where there would be no charge for transactions if the individual had direct deposit to the bank, the bank would pay the County a monthly rent, and the bank would have exclusive rights to the Government Center and Justice Center. Discussion proceeded on precluding other banks, direct deposit, transaction charges, convenience, and generation of revenue,

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorize advertising Request for Proposals for installation and operation of an ATM machine at the Government Center, with no restriction and no fee.

Chairman O?Brien suggested polling employees to determine if there is desire for ATM. Mr. Muller commented on the need for citizens visiting the Government Center or Justice Center to get cash.

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

Commissioner Cook expressed concern that the dump truck being purchased is not on the State Bid List or the GSA Bid List and there is no comparison provided; advised the bid process is being waived; and requested in the future staff check with other dealers around Florida to see what other counties are paying for trucks. Public Works Director Henry Minneboo advised a staff check indicates the vehicle is $7,000 less than the private sector could buy, and the same price as was offered in May, 1996. Commissioner Cook requested staff provide backup showing what other counties are paying for vehicles.

Discussion ensued on savings from new or nearly new vehicles or equipment.

Commissioner Cook requested the documentation show the funding source, such as District 2 Road and Bridge; and stated it would add to accountability. Commissioner Higgs noted some equipment is shared by Districts, and including the funding would be cumbersome; with Commissioner Cook agreeing it should be shown when it is one District. Mr. Minneboo inquired if the intent is from this point on; with Commissioner Cook responding affirmatively.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to table permission to waive bid and purchase heavy equipment approved under capital outlay budget for FY 1996-97 to the April 29, 1997 meeting; and direct staff to provide further documentation on what other agencies throughout the State of Florida are paying for equipment, and inclusion of funding source on future items. Motion carried and ordered unanimously.

Management Services Director Stockton Whitten distributed tabulation sheets for the North Brevard County Hospital District Board appointment.

Commissioner Higgs advised Robert Jordan and Nathaniel Pilate received multiple votes; and Mr. Jordan received one first place vote and two second place votes, and the total numbers would be higher.

Commissioner Scarborough requested the Commissioners vote for one of the finalists. Chairman O?Brien and Commissioners Scarborough and Cook voted for Nathaniel Pilate; and Commissioners Voltz and Higgs voted for Robert Jordan.

The Board reached consensus to appoint Nathaniel Pilate to the North Brevard County Hospital District Board.

Chairman O?Brien expressed objection to the City annexing the property but not Wallace Street. County Manager Tom Jenkins advised the Board can request the City annex the street. Chairman O?Brien inquired if all the Board can do is make a request, why do annexations come before the Board. Staff explained the provisions of Chapter 171, Florida Statutes. Chairman O?Brien stated the City collects the tax revenues on properties annexed, but the County has to maintain the road with no revenue; and if this continues, the County will not be able to maintain the roads. Mr. Jenkins suggested including the issue of accountability for infrastructure costs with annexations in the Legislative Package next year.

Commissioner Cook inquired if there is no recourse; with County Attorney Scott Knox responding the Statutes provide for judicial review if the County has standing.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to authorize sending a letter of objection to the City of Indian Harbour Beach for annexation of property fronting on the north side of Wallace Street; direct the County Attorney to research the issue and advise the Board of its options; and approve including an item in the next Legislative Package addressing the County?s rights concerning objections to annexations and accountability for infrastructure costs in annexations.

Jim Ward advised there is progress being made in the form of an interlocal agreement; and that may be another option.

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

Coral Lee Craig expressed objection to the book, Daddy?s Roommate, in the public library; and read the book aloud. She advised the cost of the book is $14.95; and presented fourteen books obtained through Christian Publishers for $1 each. She requested the Commission study the Family Friendly Libraries Group; advised no one can be prevented from reading anything in the library because of age; and outlined the results of meetings with the Library Boards. She requested Daddy?s Roommate be moved to the adult section of the library where it will have to be requested; and advised other subjects, such as divorce and death, are inappropriate for children. She advised of support for her position; and commented on parades, nudity, death threats, discrimination, and the lifespan of homosexuals.

Dolly Edwards advised of her background; and expressed objection to the book, Daddy?s Roommate. She commented on lack of books showing the consequences of homosexual behavior, parades, recruitment, and protecting children from propaganda about lifestyles. She advised the libraries purchase books after getting several calls requesting a book; and that opens the door for special interest groups to push their agenda at taxpayer expense. She requested the book be discarded, or at least retired to a top shelf.

County Manager Tom Jenkins advised he spoke to Ms. Craig several times; the library collection is done on a library-by-library basis with the Library Director at each library making those decisions; and outlined the appeal process. He stated he suggested the book be moved to the adult section of the library; he met with the 16 Library Directors; and a compromise was reached to move the book from the children?s collection to the parenting section within the youth services section of the library. He noted it was brought to his attention that the book was on a low shelf at the Satellite Beach Library; and the Library Director advised it was placed according to the Dewey Decimal System, but agreed to put the book on a higher shelf.

Commissioner Scarborough inquired what the Library Boards determined about purchasing practices; and requested the County Attorney advise the Board on ability to restrict what children read. County Attorney Scott Knox advised there are actions which can be taken, but he will need to research the issue. Commissioner Scarborough requested the County Attorney render an opinion and share it with the Commission and the Library Boards.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct the County Attorney to report to the Board and County Library Boards on freedom of speech laws, and what the Board?s parameters are regarding certain materials that may be inappropriate for young people, including those contained in County public libraries.

Commissioner Higgs advised she can support the motion to get information; the public comment section is not intended for the Board to take action; and it is inappropriate to make political statements on the issue. Commissioner Cook stated the County Attorney will advise the Board in memorandum form.

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

Upon motion and vote, the meeting adjourned at 2:08 p.m.

___________________________________

ATTEST: RANDY O?BRIEN, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

___________________________

SANDY CRAWFORD, CLERK

( S E A L )