The Board of County Commissioners of Brevard County, Florida, met in special session on February 27, 1997, at 10:05 a.m. in the Government Center Florida Room, 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.

PRO RATA AGREEMENTS, RE: WATER AND WASTEWATER INFRASTRUCTURE

Scott Linkenhoker, Water Resources Department, stated the Board requested staff to review the pro-rata agreements from other utilities; most of the utilities have those agreements and they all vary in how they are handled; in past practices, the County has not had any come forward until Jay Monahan brought it to staff's attention; and the County has paid for incremental extensions to the system with an agreement up front with developers. He noted pro-rata agreements can take place in water/wastewater systems; staff suggests it be based on criteria that facilitates the orderly extension of the County's sewer system to unserved properties; such agreements could be negotiated up front; and the County can retain the option to pay for the incremental costs instead of doing a pro-rata agreement. He stated in most cases, it may want to do incremental costs and pay for those itself up front; and there are some instances it would not want to do that and a pro-rata share agreement would be acceptable. Mr. Linkenhoker stated the surrounding property owners are not required to hook into the system as they may have a less expensive way to tie in.

Discussion ensued on other developments in surrounding areas, oversized systems, limited capacity, sewer pipes, easements and rights-of-way, pump stations, force mains, economic impact, agreement between parties, per unit cost, expansion, lift stations, voluntary hookup, and everyone paying their fair share if they decide they want to participate jointly.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to direct the County Attorney to work with the Water Resources Department to create an ordinance on pro-rata rates for water and wastewater infrastructure.

Jay Monahan stated in his development, his sewer and pump line does not go all the way to the end; somebody theoretically does not have the right to cross over his property to hook into his sewer facilities; when this issue was raised, the idea was in order to promote orderly and efficient use of sewage facilities in a particular area, it was much better to allow property owners to hook into one system, assuming such system will accommodate them; and it has a great economic impact upon the person who built out that original infrastructure. He advised he gave the County an easement to cross his property to hook into those facilities, but it was on the understanding that this whole subject of pro-rata refunds was going to come before the Board to consider an ordinance; and he spent a lot of time talking about it with the Water Resources Department.

Commissioner Cook inquired has someone hooked into Mr. Monahan's line; with Mr. Monahan responding negatively.

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

PRO-RATA AGREEMENTS, RE: ROADWAY INFRASTRUCTURE

Assistant to the County Manager Peggy Busacca stated staff has met with Mr. Tietig to listen to his proposal for a mechanism to make road improvements in developed areas and to allow the inclusion of equitable contribution; the Board received a copy of the letter from Mr. Tietig; he is concerned that the MSTU Program does not provide sufficient flexibility because it does not allow people the option to opt in or opt out; and it has to be done on a vote according to the Board's policy and right now it cannot be used in any area where it is undeveloped. Ms. Busacca stated Mr. Tietig is suggesting there be a system which would allow someone to put in a road; the road would be given to the County; each person who could get a building permit on that road would have the opportunity to opt in to help purchase the road or choose to opt out; and staff has concerns with this. She noted Mr. Tietig's proposal would cause a great deal of administrative problems; the Dirt Road Ordinance currently functions for people who are individual property owners and wish to come into a pre-platted area and extend a road; there is also the MSBU Program which, in the past, has functioned in undeveloped areas; and it was used successfully in Canaveral Groves and could function that way again if the Board chose to make that policy to extend it to areas which were undeveloped. Ms. Busacca stated there are currently two programs in place that have understandable administrative issues that they know how to handle and can be effective; if the Board chooses to allow them to be used in other areas, there would be some policy changes required; and Mr. Tietig's proposal would be difficult to administer for a variety of reasons.

Discussion ensued on access to property, equitable distribution of cost, use of MSTU's and MSBU's, multiple ownership, public right-of-way, public financing mechanism, private roads, Canaveral Groves, Valkaria/Grant, unimproved right-of-way, case-by-case basis, Dirt Road Ordinance, a County control voting process, adjoining property owners, wetlands, impact fees, and various scenarios regarding roadway infrastructure.

Buzz Tietig stated his plan is very simple; he wants the ability to put in paved roads and unpaved roads; there could be two types of sponsorship, including the ability for an MSBU, under the Board's vote, to be allowed to put in a paved road or an unpaved road; and on the private sponsorship, he wants the private sponsor to be able to put in a paved road or an unpaved road. He requested the Board allow a mechanism so the cost of whatever the private sponsor puts in is equitably distributed over whoever can get a building permit on that road so when someone wants to build on the property, only then are they required to pay their fair share. He noted it does not take a lot of administration; an assessment resolution would be filed in the Public Record; an opt-out provision could be included if a landowner has a peculiar problem; and the only administration would be through the Tax Collector.

Discussion proceeded on the opt-out provision, easements, unbuildable lots, building permits, unimproved roads, County-approved roads, roadway infrastructure costs, financing and collection, commercial paper, administration, filing of liens on properties, bonding and letter of credit, paying fair share and equitable contribution, Special Assessment Ordinance, debt service, retention ponds, and various options and alternatives regarding roadway infrastructure.

Bob Leichtenburg stated there are people who own lots who cannot do anything with them; he purchased four lots in 1991; he could have had a road built then through an MSBU or Dirt Road Ordinance, but the County changed it; and it has limited the use of people's land.

Commissioner Higgs stated she would be willing to further look into the MSBU with controls and a time limit to sunset it and revisit it in two years to see if it works, having a limited amount of public funds involved, and looking at platted land that has been in place, including multiple ownerships. She expressed concern about the County liening people's property based on someone elses total control of the project; and suggested staff bring back areas where it would be necessary to have the additional one-inch of on-site retention.

Commissioner Cook stated he concurs with the 75% participation from individuals on speed humps, MSBU's, etc.; and he is willing to look at the MSBU as another option. He requested County staff provide additional information on the MSBU options.

Commissioner Voltz suggested Mr. Tietig compile all his scenarios, including how it would be handled through staff, so the Board can review it.

County Manager Tom Jenkins stated staff can do an analysis on the private concept as well.

Chairman O'Brien inquired how much time does staff need to compile the information; with Mr. Jenkins responding 30 days.

AMENDMENTS, RE: MUNICIPAL SERVICE BENEFIT UNIT PROGRAM ORDINANCE

County Manager Tom Jenkins advised these are housekeeping changes for the Board's consideration.

Jim Helmer, Public Works Department, stated if the Board wishes to look at other proposed changes to the MSBU Program, it may want staff to bring those back instead of revising the ordinance today and doing it again.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to continue amendments to the Municipal Service Benefit Unit (MSBU) Program Ordinance to the March 11, 1997 Board Meeting. Motion carried and ordered unanimously.

The meeting recessed at 12:05 p.m.

The meeting reconvened at 1:00 p.m.

DISCUSSION, RE: ANIMAL CONTROL

Assistant Housing and Human Services Director Jasper Trigg stated staff was assigned the responsibility of identifying ways to improve services in animal control, exploring ways to improve funding, and presenting information pertaining to the sale of County rabies tags; and it felt the best approach to accomplish this assignment was to provide the Board with an in-depth overview of Brevard County's Animal Control Program, covering its mission, core services, non-core services, current program funding, alternative funding for the future, and alternative services. He noted the mission is to protect the health and safety of the public by impounding stray animals, investigating animal bites, and quarantining animals for rabies observation; in order to fulfill the mission, the County is currently handling two types of services--core services and non-core services; core services include dangerous dogs, bite investigations and quarantine, and stray animals; and non-core services include trapping; sick and injured animals, livestock, wildlife and marine life; carcass removal and disposal of wildlife, livestock, marine life and reptiles; cruelty investigations; wildlife and reptile removal; citizen discontinuation of ownership; and livestock discontinuation of ownership and farm animals at large.

Mr. Triggs presented an overview on program funding including rabies tags, citations, and General Fund; alternative funding including sales tax on pet food, MSTU, enforcing the collection of citation fees, and instituting an annual hazardous dog identification fee; and alternative service options including instituting a less comprehensive ordinance and discontinuation, contracting, deposits, time limitations, and late fees on trapping. He advised the Task Force recommendations include: (1) envelope referral system to all County shelters and Animal Control; (2) shelters continue to receive a $5.00 rebate for each tag sold; (3) increase initial impoundment fee from $15.00 to $30.00 for non-neutered animals; and (4) development of a rabies vaccination record keeping and identification system that would permit dog or cat rabies vaccination and owner information to be retained solely by local veterinarians and satisfy the County's needs and local sheltering organizations. Mr. Trigg stated staff recommendations include: (1) institute a schedule change from 8:00 a.m. to 5:00 p.m. seven days a week; (2) eliminate after-hours response; (3) animal vs. owner bites; (4) low priority assignment for transport of injured birds to local wildlife sanctuaries by the County; and (5) adopt resolution to institute the differential $10 and $5.00 rabies tag fee for Fiscal Year 1997-1998.

Chairman O'Brien commended County staff for its presentation and extensive research.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve staff recommendations to change the schedule to eight-hour days, seven days a week for animal control response, eliminate after-hours response, and institute new policy on bird transport.

Discussion ensued on saving staff time on non-critical, but important calls, transporting birds, rehabilitators, volunteer services, law enforcement agencies, current schedule of operation, priority calls, injured animals, bites, priority core service requests, employees on-call, turn-over rates in Animal Control, long work hours, four ten-hour work days, alternate funding, fee resolution, rabies vaccination tags, neutered and non-neutered, user fees, trapping, impoundment fees, pet license plates, tax on pet food, and Contract with the Society for the Prevention of Cruelty to Animals (SPCA).

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

The meeting recessed at 2:05 p.m.

The meeting reconvened at 2:22 p.m.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to change rabies license fees to $10 for neutered animals and $15 for non-neutered animals with a 50% discount for senior citizens 65 years of age and older, effective 30 days after adoption of the resolution which is scheduled to come to the Board on March 11, 1997. Motion carried and ordered; Commissioner Voltz voted nay.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to direct staff to develop a Request For Proposal (RFP) for trapping, and bring such RFP back to the Board. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to include collections being referred to a collection agency. Motion carried and ordered unanimously.

Clare Gunde, Central Brevard Humane Society, advised of irresponsible pet owners who do not pay their fair share; and stated those people need to be addressed.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to explore the possibility of having pet license plates, with the funds going to counties for animal control. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to include a $10 hazardous dog tracking fee. Motion carried and ordered; Commissioner Cook voted nay.

The meeting recessed at 3:35 p.m.

The meeting reconvened at 3:55 p.m.

Assistant County Manager Joan Madden advised the SPCA, through its Counsel Mike Minot, has communicated to staff that it is most willing to incorporate its policy in the current Contract if extended, and will spell out two additional items which are part of its current operating policies, but have not been clearly understood in recent discussions; and such additions are those persons bringing in a stray animal will have an opportunity at any time within the first six days the animal is in the shelter, to adopt the animal and the person bringing in the stray will also be called prior to the animal being adopted or if past the six-day time frame, will be called prior to the animal being euthanized. She stated the SPCA continues to state that there has never been a breed discrimination policy and it will re-state that very specifically in its policy document; and the SPCA will post its policy for the public, including the two additions.

Attorney Mike Minot, representing the SPCA, reiterated Ms. Madden's comments and explained the right of first refusal.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to extend the Contract with the Society for the Prevention of Cruelty to Animals (SPCA) through September 30, 1997.

Commissioner Voltz amended the motion to include all items agreed to by the SPCA and the County, such as no breed discrimination, posting of policies, and right of first refusal by individuals bringing in strays; and Commissioner Cook seconded the amendment. Motion carried and ordered; Commissioner Higgs voted nay.

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

Dr. Eden suggested if the Board decides to build an animal facility in the North County or anywhere else, that it contract with people whose job is to build animal facilities, and not just go out to a general contracting firm; and advised there is a big difference in the experience of general contractors and contractors who build animal facilities.

Dr. Dunn inquired if the North Brevard SPCA is going to continue its early spay/neuter policy; with a representative responding affirmatively. Dr. Dunn expressed concern with such policy; and stated the SPCA spays and neuters animals at seven and eight weeks of age that are unhealthy, parasitized, and not in any condition to go through major surgery.

Dr. Meyerer stated there are six veterinarians present today; he is disappointed that they did not get to provide any input; they were also present at the County Commission Meeting in December, 1996, when the issue was tabled to this meeting; they were told they would have an opportunity to provide input; and they have been totally brushed aside. He advised he submitted a letter to the Board containing various incidents that have occurred which are very real.

Commissioner Cook stated he does not have a problem letting people speak before the Board today; the concerns will be addressed when the County goes out for RFP in September, 1997; and this is just an extension of the Contract. Chairman O'Brien advised the veterinarians can work with County staff very closely as the RFP is put together.

Dr. Meyerer inquired why is the County extending the Contract when there are so many breaches in the existing Contract; with Chairman O'Brien responding the Board found no breaches in the Contract. Dr. Meyerer inquired does the County receive a disposition statement every month; with Mr. Trigg responding affirmatively. Commissioner Cook stated there are a number of valid issues that will have to be addressed in the RFP.

Upon motion and vote, the meeting adjourned at 4:15 p.m.

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

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