The Board of County Commissioners of Brevard County, Florida, met in regular session on January 14, 1997, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Randy O'Brien, Commissioners Truman Scarborough, Nancy Higgs, Mark Cook, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Lance Olinski, Youth Pastor, Zion Christian Church, Palm Bay.

Commissioner Mark Cook led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve the July 17, 1996 Joint Meeting and July 24, 1996 Workshop Meeting Minutes, as prepared. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING BREVARD COUNTY SHERIFF C. W. "JAKE" MILLER

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution recognizing and commending Sheriff C. W. "Jake" Miller for 35 years of law enforcement service to the citizens of Brevard County, and extending appreciation for his dedicated public service. Motion carried and ordered unanimously. (See page for Resolution No. 97-03.)

DISCUSSION, RE: CITY OF COCOA WATER

Commissioner Cook inquired about the status of the water situation with City of Cocoa.

County Attorney Scott Knox stated there is no news from the court; there is a motion for summary judgment which will be heard on February 17, 1997; and the court should rule at that time or soon after that.

APPRECIATION

Commissioner Voltz expressed appreciation to the Fire Department for its mutual aid in Palm Bay; and stated it did a great job handling the fire situation.

DISCUSSION, RE: COMPUTER SYSTEM

Commissioner Voltz inquired has the County prepared for the computer system for the year 2000; with County Manager Tom Jenkins responding he will provide a status report to the Board.

DISCUSSION, RE: GOALS AND OBJECTIVES WORKSHOP

Chairman O'Brien requested each Commissioner to bring specific goals to the workshop which will be held at the end of the month.

DISCUSSION, RE: COMPREHENSIVE LAND USE CHANGE ON WETLANDS

Chairman O'Brien stated the wetlands issue is scheduled to come back to the Board at the zoning meeting; and due to overwhelming public response, the Board may prefer scheduling the item for a regular meeting during the day.

The Board directed staff to schedule the Comprehensive Land Use change concerning wetlands for February 4, 1997 meeting instead of January 27, 1997.

APPROVAL OF TRAVEL, RE: COMMISSIONER HELEN VOLTZ

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve travel for Commissioner Helen Voltz to attend the New Commissioners' Education Workshop on January 24, 1997 in Orlando, Florida. Motion carried and ordered unanimously.

DISCUSSION, RE: POLICY ON APPOINTMENTS AND/OR REAPPOINTMENTS

Chairman O'Brien stated Friday noon is generally the cut-off time for any further items to be added to the agenda; Commissioner Voltz provided her appointments and/or reappointments after that time; and if staff cannot get all the paperwork to the Board by such time, then the item should be retracted from the agenda.

APPOINTMENT, RE: FINANCE COMMITTEE

Chairman O'Brien requested Commissioner Cook be appointed to the Finance Committee.

The Board appointed Commissioner Mark Cook to serve as the Board's representative on the Finance Committee.

PERSONAL APPEARANCE - ALINE LAUZON, RE: RESOLUTION PROCLAIMING AMELIA EARHART MONTH

Chairman O'Brien read aloud a resolution proclaiming Amelia Earhart Month; and presented the resolution to Aline Lauzon.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution proclaiming the month of January, 1997, as Amelia Earhart Month in Brevard County. Motion carried and ordered unanimously.

Aline Lauzon expressed appreciation to the Board for the Resolution.

CONTRACT WITH PULTE HOME CORPORATION, RE: INFRASTRUCTURE IMPROVEMENTS FOR ISLAND CROSSING, PHASE 3

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Contract with Pulte Home Corporation for infrastructure improvements in Island Crossing, Phase 3. Motion carried and ordered unanimously.

RESOLUTION AND QUIT-CLAIM DEED WITH THE FIRST CHRISTIAN CHURCH OF COCOA, RE: CONVEYANCE OF EASEMENT INTEREST

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution authorizing the conveyance of easement interest to The First Christian Church of Cocoa, and execute a Quit-Claim Deed conveying the easement interest. Motion carried and ordered unanimously.

APPROVAL, RE: NAMING NEW LIBRARY IN MELBOURNE AFTER DR. MARTIN LUTHER KING, JR.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve naming the new library to be constructed on the corner of Lipscomb Street and University in Melbourne after Dr. Martin Luther King, Jr. Motion carried and ordered unanimously.

RESOLUTION AND AGREEMENT WITH COMMUNITY SERVICES COUNCIL OF BREVARD COUNTY, INC., RE: USE OF CUYLER PARK ANNEX

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution authorizing the leasing of a building to Community Services Council of Brevard County, Inc., and execute Agreement with CSC for the use of Cuyler Park Annex from February 3, 1997 through February 2, 1998. Motion carried and ordered unanimously.

ACKNOWLEDGE AND RECOMMEND PROPOSAL OF CIRCLES OF CARE, INC. TO HRS, RE: EXPANDED SERVICES FOR ADULT MENTAL HEALTH PROGRAMS FOR BREVARD COUNTY

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to acknowledge and recommend to HRS the proposal of Circles of Care, Inc. for expanded services for adult mental health programs for Brevard County. Motion carried and ordered unanimously.

ESTABLISHMENT OF CUSTODIAL ACCOUNT AND LIFE INSURANCE TRANSFER AUTHORIZATION FORM, RE: PEBSCO

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Establishment of Custodial Account and Life Insurance Transfer Authorization Form, adopting the Code Custodial Account and transferring the ownership of the life insurance policies to Bank One Trust Company as custodian for the exclusive benefit of the Plan's participants and beneficiaries. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to appoint and/or reappoint the following:

South Mainland Library Advisory Board
Joyce Bent replacing Cheryl Bruns, with term expiring December 31, 1997.

Citizen Budget Review Committee
Charles Tucker replacing Robert G. Lynn, and Fernando Esparza replacing Ed Lupton, with terms expiring December 31, 1997.

Parks and Recreation Department South Service Sector Advisory Board
Charlie Colon replacing Tom Finnell, with term expiring December 31, 1997.

Code Enforcement Board
Raymond Hoffman replacing Sue Ford, with term expiring December 31, 1997.

Brevard County Commission on Status of Women
Janie C. Holman, with term expiring December 31, 1997.

Historical Commission
Yvonne Shingler, with term expiring December 31, 1997.

Library Board
Carol Hurst, with term expiring December 31, 1997.

Access to Government Information Committee
Kristina Densler, with term expiring December 31, 1997.

Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN BAREFOOT BAY, UNIT ONE - JACK GRANTHAM

Chairman O'Brien called for the public hearing to consider a resolution vacating public utility easements in Barefoot Bay, Unit One, as petitioned by Jack Grantham.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution vacating public utility easements in Barefoot Bay, Unit One as petitioned by Jack Grantham. Motion carried and ordered unanimously.

DISCUSSION, RE: BREVARD COUNTY AQUACULTURE LEASING PLAN

Assistant County Manager Stephen Peffer presented an overview of the Aquaculture Leasing Plan, including leasing variables, lease size, leasing interval, lease allocation process, lease fees, lease conversions, riparian leases, and monitoring water quality. He introduced Mark Berrigan, representing Florida Department of Environmental Protection; and advised County staff member Conrad White is present to answer questions.

Phyllis J. Woodford, shellfish farmer, requested the Board remove the Ordinance of Objection to shellfish leases in Brevard County, review the 37 lease applications before it, and allow those that fit all the State's requirements for leasing.

Lucy Horsch, clam farmer, advised she needs her lease, and certain parts of the Aquaculture Leasing Plan are unacceptable to the clam farming industry.

John Horsch, clam farmer, stated he has a lease in Body C; the County's imposition of a 10-year term with no renewal will strangle the clam industry and doom it to failure; and the Board has been advised by various scientific regulatory personnel that clam farming is good for both the ecology of the Lagoon and economy of Brevard, but yet it views clam farming with little respect as if the public needs to be protected from it. He advised recent State Legislation declares aquaculture to be in the public interest and mandates it to be fostered; and the lease is the key component of the clam farming business.

Keith Zickuhr stated on the advice of Counsel, due to pending litigation, he will not be able to address this issue; however, they are receptive to investigating modifying their complaint to include additional parties affected by the Board's actions.

Bill Leeming stated he is opposed to only new leases being issued in high density areas; and he needs the lease in his backyard for security reasons.

Gray Brewer advised he is the only applicant in this Plan for a riparian lease; he would like to have the lease in front of his house for security purposes; and requested the Board, if it does not approve anything out of high density areas, to ask DEP to prioritize his application so he would be in a high density area.

Ed Mangano, representing Aquagem Farms, stated he applied for a submerged aquaculture lease; and requested the Board make the right decisions so they can move forward.

Discussed ensued on staff recommendations, Indian River, high density leasing areas, 37 lease holders, subleasing, 10-year lease, competitive bidding, public lands, regulating business, submerged lands, and Marine Patrol services.

Commissioner Cook advised he supports Option 2, and Commissioner Voltz voiced her objection to Option 2.

Commissioner Higgs expressed concerns in the Plan; stated she can accept a leasing term; she is concerned with the low leasing fee; most of the Plan is acceptable; the 37 leases should be looked at differently and moved through a process now; and she agrees with high density lease areas. She stated the County needs to convert the Plan into an ordinance; and she supports the subleasing and a competitive process.

Chairman O'Brien stated the County could look for local control over the leases; and Brevard County is the richest clam area on the east coast of Florida. He advised he supports the automatic 10-year lease renewal; and he is supportive of the industry, but not giving away public land.

The meeting recessed at 10:51 a.m. and reconvened at 11:05 a.m.

Discussion proceeded on liability issues, resolution of no objection, lease fees, Internal Improvement Trust Fund, incremental charges, a separate contract for each lease, establishing an MSBU for law enforcement services, the State's lease rate, the need to have leases maintained, transfer of leases, and a host fee in the lease agreement.

Commissioner Scarborough expressed his support for the MSBU method.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve the proposed Aquaculture Leasing Plan (ALP), and direct staff to prepare a resolution of no objection for the 37 leases brought to the Board in March, 1996, provided such leases comply with all ALP conditions, except the competitive bid process, and that the leases include a statement that the lease holders comply with the County's MSBU or other host fee charges that provide services to the high density lease areas; such resolution be scheduled under the Consent Agenda for adoption by the Board; approve a ten-year lease with no automatic renewal, as it will be put out for competitive bid in the eighth year; and direct staff to prepare ordinances to incorporate the ALP and the leasing process, and to create an MSBU to come back to the Board at the same time. Motion carried and ordered; Commissioner Voltz voted nay.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to insert "and/or the County of Brevard from all claims, actions, lawsuits, and demands arising" on page 2 of the lease. Motion carried and ordered unanimously.

Chairman O'Brien stated there are some leases pending, and inquired does the Board want to solve them today.

Commissioner Higgs advised the Board has established the policy it is going to proceed with and it would proceed with the other leases under the same conditions as it has today; at the time it adopts the ordinance, that is the point at which it is law; and any kind of competitive process would take place at that point.

Commissioner Voltz inquired have the leases been approved by the State and where are they in the process.

Mark Berrigan, representing DEP, advised those leases are not active based on the resolution of no objection; the State would not take an issue to the Board of Trustees unless it receives a resolution of no objection; and after the Board of Trustees makes its decision, it will move toward noticing and advertising, and taking it to the Governor and Cabinet.

Commissioner Cook inquired how many leases were prior to March, 1996; with Mr. Berrigan responding four.

Commissioner Voltz advised she supports the 37 leases, but she does not support the conditions of the lease.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve four lease applications under the same conditions as the 37 applications, and that applications after March, 1996 be under the new criteria. Motion carried and ordered; Commissioner Voltz voted nay.

Chairman O'Brien advised the Plan states Body F will be divided into two sections, including the section to be set aside for an aquaculture training program; and inquired who is going to pay for such program.

Mr. Berrigan responded there are a number of funding sources for those programs; he is not sure what funds are available; but with the other counties where there are similar programs, there are federal funds which go to the Department of Labor and Employment Security; they are part of the Governor's discretionary funding as far as job security or retraining displaced workers; and those funds would still be available.

Commissioner Scarborough stated Gray Brewer requested moving his lease into the high density area and not being riparian; it was not stated as part of the motion; and inquired is it the intent of the Board.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to direct that language be included in the ALP ordinance that 40 acres for an aquaculture training program come back to the Board; and authorize moving Gray Brewer's lease into the high density area. Motion carried and ordered unanimously.

Chairman O'Brien stated Page 11, ALP Monitoring, says "the FDEP shall continue to monitor the Indian River Lagoon resources, etc."; and the Marine Resources Council already monitors Brevard County's water.

Conrad White, Office of Natural Resources Management, responded the Council has a program where citizens voluntarily sample the Lagoon; it is primarily done from the shoreline; the State has a program called Shellfish Environmental Assessment Program; and it does monitoring of the shellfish harvesting area. He noted there are a large number of stations that are not only along the shoreline, but also in the middle of the Lagoon; and the two programs, although complementary, are not equal.

The meeting recessed at 11:58 a.m. and reconvened at 12:11 p.m.

DISCUSSION, RE: LOCATION OF TELECOMMUNICATION TOWERS AND ANTENNAS

Chairman O'Brien stated the issue today is about how the Board wants to regulate the amount of towers and their location; his concern is Brevard County could end up with 200 towers in the next two years; satellites have recently been launched from Cape Canaveral; and inquired what happens to all the towers that were put up across the years in Brevard County when the technology has changed.

Commissioner Cook advised he supports a moratorium on any additional towers until the Board gets a handle on exactly how it wants to regulate them.

Commissioner Voltz stated she also supports a moratorium, but the Board needs to have a time limit on it; and 60 days is fine.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve a 60-day moratorium on Conditional Use Permits (CUPs) for towers and antennas. Motion carried and ordered unanimously.

Commissioner Scarborough suggested staff provide technical information as soon as possible on how fast the satellite technology is evolving.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to direct staff to prepare the moratorium ordinance and bring it back to the Board; and provide a report as soon as possible on technical information relating to how fast the satellite technology is evolving and any other relevant material, including how other communities are regulating these particular towers and antennas. Motion carried and ordered unanimously.

DISCUSSION, RE: DOG OWNED BY TONI BLIZZARD

Chairman O'Brien stated a lot of viewers at home heard the plea last week from the owner of the dog that was adopted out by SPCA; the family that adopted the dog said they were willing to give the dog back to the owner; the dog has been retrieved by the original family; and it is a nice outcome to a very sad beginning.

PERMISSION TO BID, AWARD CONTRACT TO LOW BIDDER, AND EXECUTE CONTRACT, RE: STONE COMMUNITY LIBRARY CONSTRUCTION

Commissioner Cook inquired will the contract come back to the Board after the low bidder has been selected.

Assistant Public Works Director Mike Miller advised the object was to save about a month of time by getting permission from the Board to have the contract executed.

Commissioner Cook inquired what is the estimated contract amount; with Mr. Miller responding the funds allocated is $837,000.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to grant permission to bid construction of Stone Community Library, authorize award of bid to the low responsible bidder, authorize the Chairman to execute the Contract, and direct that if the low bid is not within the budget or there is any irregularity with the bid process, then the item come back to the Board. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD CONTRACT TO LOW BIDDER, AND EXECUTE CONTRACT, RE: SOUTH MAINLAND (MICCO) LIBRARY CONSTRUCTION

Motion by Commissioner Cook, seconded by Commissioner Higgs, to grant permission to bid construction of South Mainland (Micco) Library, authorize award of bid to the low responsible bidder, authorize the Chairman to execute the Contract, and direct that if the low bid is not within the budget or there is any irregularity with the bid process, then the item come back to the Board. Motion carried and ordered unanimously.

Chairman O'Brien inquired has the County put construction of the libraries that have grants on fast track because there is a deadline; with Assistant County Manager Joan Madden responding affirmatively.

RESOLUTION, RE: APPROVING SPECIAL AGENCY AGREEMENT WITH HOUSING AUTHORITY OF BREVARD COUNTY

Motion by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution authorizing an Agreement with the Housing Authority of Brevard County granting special agent status to the Sheriff's Office to enforce trespassing laws on behalf of the Authority; and execute the Special Agent Agreement. Motion carried and ordered unanimously.

SETTLEMENT AGREEMENT WITH AT&T CORPORATION, RE: DISPUTED CHARGES FOR TELECOMMUNICATIONS SERVICES

Commissioner Voltz inquired what is being done to prevent this type of incident from happening again.

Leslie Allen, Administrative Assistant representing the Sheriff's Office, stated on June 16 and 17, 1996, someone called in from the outside requesting an outside line on the telephone which can be done through the Communications Center; unfortunately, the person who was handling the non-emergency calls was not aware of how to handle the call and simply put the person requesting the outside lines through; and it does not happen very often. She noted the Office has since then put into policy that there will be no non-emergency calls placed through this outside line outside the hours of 8:00 a.m. to 5:00 p.m. when the supervisors are on shift; if an emergency call comes through, the caller requesting the line will be verified by I.D.; if it is a Sheriff's employee, then their name and I.D. number will be given, the reason for the call, and that will be passed along to the shift supervisor for approval prior to any outside lines being given again.

Commissioner Cook inquired what budget is this being paid out of; with Ms. Allen responding the Sheriff's telephone budget.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to execute Settlement Agreement with AT&T Corporation to settle calls placed in a fraudulent manner at $715.70. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Commissioner Cook stated on page 7 of the bills and budget transfers, adding up the billable hours that the court has instructed the County to pay, he finds a discrepancy of 17 hours to the benefit of the attorney who is billing the County; and requested staff review it.

County Manager Tom Jenkins advised these are reviewed and approved by the Finance Department; and he will bring it to the Department's attention and have it recalculated.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve Bills and Budget Transfers as submitted; and request staff review Page 7 on the billable hours that the court has instructed the County to pay as there may be a discrepancy of 17 hours to the benefit of the attorney. Motion carried and ordered unanimously. (See pages for List of Bills and Budget Transfers.)

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 12:31 p.m.

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

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