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

The Invocation was given by Commissioner Randy O'Brien.

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

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve the Minutes of the September 23, 1997 Regular Meeting, October 23, 1997 Special Meeting, and October 28, 1997 and November 4, 1997 Regular Meetings. Motion carried and ordered unanimously.

REQUEST, RE: WITHDRAW AGENDA ITEMS

County Manager Tom Jenkins requested Items III.A.3 and III.C.3 be withdrawn to allow additional staff work. The Board accepted withdrawal of the items.

PERMISSION TO SUBMIT APPLICATION, RE: ECONOMIC DEVELOPMENT TRANSPORTATION TRUST FUND PROGRAM

County Manager Tom Jenkins requested permission to submit an application to the Economic Development Transportation Trust Fund Program, administered by Enterprise Florida, for reconstruction of portions of Tico Road. He advised of expansion of the airport necessitating relocation of a portion of the road, deteriorated condition of portions of the road, and new businesses on the road.

Motion by Commissioner Scarborough, to grant permission to submit an application to the Economic Development Transportation Trust Fund Program for reconstruction of portions of Tico Road.

Chairman Voltz inquired who will be doing the work; with Mr. Jenkins responding it will either go to bid or Public Works will do it, and it will be a County project.

Commissioner Cook seconded the motion. Motion carried and ordered unanimously.

DISCUSSION, RE: YEAR 2000 COMPUTER PROBLEM

Commissioner Scarborough inquired about the Year 2000 computer problem; and requested a report from staff on the options and cost. He advised he is not only concerned about the County but also the Clerk's Office and others; and requested information on the lead time as well.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct staff to report on options, cost and lead time to correct the Year 2000 computer problem.

Commissioner Cook requested staff report on the most cost effective solution.

Chairman Voltz stated she asked this question a year ago and was assured it was under control. County Manager Tom Jenkins stated he will provide a report to the Board.

Chairman Voltz called for a vote on the motion. Motion carried and ordered unanimously.

REPORT, RE: BARGE CANAL BRIDGE

Commissioner O'Brien stated the Barge Canal Bridge will not be finished by Christmas, but it might be finished by St. Patrick's Day, although he is not sure about that. He stated the contractor is having problems; and traffic is backing up as far as Target every day.

Chairman Voltz inquired how long has the project been in progress; with Commissioner O'Brien responding two and one-half to three years. Commissioner O'Brien stated one of the lanes will be closed; and signs will be put up on both sides of the bridge advising of 30 to 45-minute delays. He advised of the problem with EMS access, and that he requested a meeting with Florida Department of Transportation and EMS.

Commissioner Cook inquired if it is an FDOT project; with Commissioner O'Brien responding affirmatively.

Commissioner O'Brien stated he may need help from the Board to speed things along.

PERMISSION TO TRAVEL, RE: TELECOMMUNICATIONS SEMINAR

Commissioner Cook requested permission to travel to a Telecommunications Seminar in Orlando on Wednesday, January 14, 1998.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant permission for Commissioner Cook to travel to a Telecommunications Seminar in Orlando on January 14, 1998. Motion carried and ordered unanimously.

DISCUSSION, RE: ST. JOHNS RIVER WATER MANAGEMENT DISTRICT MEETING

Chairman Voltz advised she will be going to Jacksonville tomorrow for the St. Johns River Water Management District meeting, and will not be able to attend the MPO meeting where the Northwest Palm Bay Transportation Study may be discussed.

Commissioner Higgs inquired if Chairman Voltz will be representing the Board's position in Jacksonville; with Chairman Voltz responding she is not sure the issue of American Heritage Rivers will be discussed tomorrow, but she will represent the Board's position. Commissioner Cook stated Chairman Voltz has a copy of the Resolution with the stipulations; with Chairman Voltz advising it was sent to the St. Johns River Water Management District.

DISCUSSION, RE: LEGISLATIVE ALERT REGARDING EMINENT DOMAIN

Chairman Voltz advised of the legislative alert from the Florida Association of Counties regarding eminent domain; and inquired if the County Attorney has looked at it.

County Attorney Scott Knox stated if the legislation passes, there will be no overpasses being built anywhere in the State because the expense would be astronomical; and outlined the damages that would have to be paid. Discussion ensued on positive and negative impacts of condemnation on adjacent businesses.

Chairman Voltz suggested putting the issue on the Agenda for discussion and sending a letter either in support or objection. Commissioner Cook suggested each Commissioner send a letter individually. Commissioner Higgs recommended it be put on the Agenda. Chairman Voltz stated it can be put on the Agenda for December 16, 1997.

DISCUSSION, RE: FCC LETTERS

Commissioner Cook inquired if the FCC letters have gone out; with Community Development Administrator Peggy Busacca responding staff has a draft of the letter for the Chairman's review. Commissioner Cook stated it is a time sensitive issue, and the letters should be out by now.

ANNOUNCEMENT

Chairman Voltz announced former Commissioner Joe Wickham is in the hospital with a broken hip; and wished him a speedy recovery.

FINAL PLAT APPROVAL, RE: GREEN ACRES SUBDIVISION

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant final plat approval for Green Acres Subdivision, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: MAGNOLIA SPRINGS SUBDIVISION, PHASE 1

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant final plat approval for Magnolia Springs Subdivision, Phase 1, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH M. D. UTILITY CONTRACTORS, INC., RE: STORMWATER PROJECT, HUNTINGTON AVENUE DETENTION POND

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Change Order No. 1 with M.D. Utility Contractors, Inc. for construction of Huntington Avenue Detention Pond, increasing price by $20,304.20 for increased fence height and difficulty with coquina rock discovered at site, and extending time by 14 days. Motion carried and ordered unanimously.

APPROVAL OF FINAL PAYMENT TO PAVCO CONSTRUCTION, RE: EASY STREET PAVING AND DRAINAGE IMPROVEMENTS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve final payment of $19,895.20 to PAVCO Construction for completion of Easy Street paving and drainage improvements. Motion carried and ordered unanimously.

INTERLOCAL AGREEMENTS WITH CITIES OF TITUSVILLE, COCOA, MELBOURNE, AND PALM BAY, RE: DISBURSEMENT OF HUD HOME INVESTMENT PARTNERSHIP PROGRAM FY 1997 FUNDS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreements with Cities of Titusville, Cocoa, Melbourne, and Palm Bay for disbursement of HUD HOME Investment Partnership Program Funds for FY 1997. Motion carried and ordered unanimously.

AMENDMENTS TO AGREEMENTS WITH CDBG FUNDED PUBLIC SERVICE AGENCIES, RE: PERFORMANCE STANDARDS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Amendments to Agreements with Alco-Hall, Central Brevard Sharing Center, Child Care Association, Vietnam Veterans, Robin's Nest a/k/a Prevent of Brevard, Inc., Alco-Rest, National Technical Association-Project STAR, and Center for Drug-Free Living, to include performance standards and measurable outcomes. Motion carried and ordered unanimously.

APPROVAL, RE: CENTRAL BREVARD LIBRARY AND REFERENCE CENTER ADVISORY BOARD BY-LAWS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve the By-laws for the Central Brevard Library and Reference Center Advisory Board. Motion carried and ordered unanimously.

JOINT USE AGREEMENT WITH BREVARD COMMUNITY COLLEGE, RE: USE OF TITUSVILLE CAMPUS FOR CONSTRUCTION OF SOCCER COMPLEX

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Joint Use Agreement with District Board of Trustees of Brevard Community College for use of a section of the Titusville Campus to construct a soccer complex. Motion carried and ordered unanimously.

AGREEMENT WITH SPACE COAST CREW BOOSTERS, INC., RE: USE OF COCHRAN PROPERTY FOR ROWING ACTIVITIES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with Space Coast Crew Boosters, Inc. for use of Cochran property for rowing activities from November 19, 1997 through November 18, 2002. Motion carried and ordered unanimously.

ACKNOWLEDGE CHANGE ORDERS 1 AND 2, AND APPROVE CHANGE ORDER 3 AND FINAL PAYMENT TO SOUTHEAST MARINE CONSTRUCTION, RE: PARRISH PARK BOAT RAMP

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to acknowledge receipt of Change Orders 1 and 2 with Southeast Marine Construction as approved by the County Manager; approve Change Order No. 3 to Agreement with Southeast Marine Construction for Parrish Park Boat Ramp; and approve final payment of $53,161.60 to the contractor. Motion carried and ordered unanimously.

APPROVAL, RE: FY 1998 CERTIFICATIONS AND ASSURANCES FOR FEDERAL TRANSIT ADMINISTRATION GRANTS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve the FY 1998 Certifications and Assurances for Federal Transit Administration grants. Motion carried and ordered unanimously.

RATE AGREEMENT WITH DEPARTMENT OF LABOR AND EMPLOYMENT SECURITY, RE: SCAT SERVICES FOR VOCATIONAL REHABILITATION

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Rate Agreement with Department of Labor and Employment Security for SCAT to provide transportation services for the Vocational Rehabilitation Program. Motion carried and ordered unanimously.

PURCHASE OF SERVICE AGREEMENT WITH COMMUNITY SERVICES COUNCIL, RE: SCAT SERVICES FOR SENIOR NUTRITIONAL AID PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Purchase of Service Agreement with Community Services Council for SCAT to provide transportation services for the Senior Nutritional Aid Program at $86,418, from January 1 through December 31, 1998. Motion carried and ordered unanimously.

AMENDMENT TO PURCHASE OF SERVICE AGREEMENT WITH COMMUNITY SERVICES COUNCIL, RE: SCAT SERVICES FOR VOLUNTEERS IN MOTION PROGRAM Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Amendment to Purchase of Service Agreement with Community Services Council for SCAT to provide transportation services for the Volunteers in Motion Program from July 1, 1997 through June 30, 1998. Motion carried and ordered unanimously.

TASK ORDER NO. 97-02 WITH GLACE & RADCLIFFE, INC., RE: ENGINEERING SERVICES FOR SOLID WASTE MANAGEMENT PLAN

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Task Order No. 97-02 with Glace & Radcliffe, Inc. to provide engineering services for the Solid Waste Management Plan, at not to exceed $85,000. Motion carried and ordered unanimously.

CHANGE ORDER NO. 2 AND FINAL PAYMENT TO INDIAN RIVER INDUSTRIAL CONTRACTORS, INC., RE: SOUTH BEACHES 2 MGD TREATMENT PLANT REHABILITATION

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Change Order No. 2 to Agreement with RKT Constructors, Inc. for renovation of Lift Station B-7, decreasing contract price by $10,564.14 for change in type of material and installation; and approve final payment to the contractor, upon submittal of acceptable closeout documents. Motion carried and ordered unanimously.

ACCEPTANCE, RE: REVENUE MONITORING REPORT FOR QUARTER ENDING SEPTEMBER 30, 1997

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to acknowledged and accepted the Revenue Monitoring Report for Quarter ending September 30, 1997. Motion carried and ordered unanimously.

APPOINTMENT, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to appoint Maria Katz, 6990 North Wickham Road, Melbourne to the Suntree/Viera Public Library Advisory Board. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve bills as submitted. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING ZONING CODE FOR LAND ALTERATIONS

Chairman Voltz called for the public hearing to consider an ordinance amending Zoning Code for Land Alterations.

Commissioner Scarborough stated the theory was that the threshold for mining and smelting would start where borrow pits ended instead of considering each as separate operations; and there is no reason to have borrow pits ceasing at 50 acres because people can get around the law by subdividing the land.

Commissioner Higgs stated the listed zoning classifications are the best places for borrow pits; the Board should be more concerned about having the borrow pits in industrial classifications; and the activity has a permit as well as zoning requirements, so there are protections. She stated she is not as concerned with the activity in industrial classifications as she is with it in other classifications which abut residential areas.

Commissioner Scarborough stated the Board expressed two concerns, and one was why limit the activity to 50 acres. Commissioner Higgs inquired if Commissioner Scarborough wants it to be unlimited. Commissioner Scarborough stated the only reason he was given for the 50 acres was that at that threshold mining and smelting begin in the industrial classification; but the Board does not have to look at the two as the same operations. He stated he would prefer to see the acreage for land alteration unlimited, and mining and smelting mentioned in the IU classification.

Chairman Voltz stated she does not have a problem with it being unlimited because it can be circumvented.

Commissioner Scarborough suggested deleting "over 5 acres" and inserting "up to 50 acres."

Commissioner Cook inquired if there is any problem with the change; with Mr. Enos stating only the four listed classifications have the problem with the cap; and in GU and AU land alteration is already a maximum of 50 acres. Commissioner Cook stated it would be necessary to have a CUP which would have to be approved by the Board; and he does not see why a cap would be necessary. Commissioner Scarborough stated the mining and smelting have the CUP tied into it, which is a separate issue; and people do not complain about larger parcels getting more intense, but the smaller parcels are the ones causing problems.

There being no further objections or comments, motion was made by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt an Ordinance amending Chapter 62, "Land Development Regulations", Code of Ordinances of Brevard County, Florida; amending Article VI, Division 4, Subdivision VIII, specifically amending the area limitations pertaining to land alteration permits within the following subsections: 62-1541(3) "Planned Business Park," 62-1542(3) "Planned Industrial Park," 62-1543(3) "Light Industrial," and 62-1544(3) "Heavy Industrial"; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Code of Ordinances of Brevard County, Florida. Motion carried and ordered unanimously.

Commissioner Higgs stated there has been some difficulty in the CUP process; and she would like it to come back to the Board for further revision or recommendations from staff.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct staff to return to the Board with recommendations for revisions of the Conditional Use Permit process. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, ARTICLES II, III AND VI, ZONING REGULATIONS

Chairman Voltz called for the public hearing to consider an ordinance amending Chapter 62, Articles II, III, and VI, Zoning Regulations.

Commissioner Higgs expressed concern about designating the Growth Management Department as holder of the airport hazard zoning maps; and suggested it be the County Manager or his designee. Zoning Official Rick Enos suggested it be changed to Brevard County. Commissioner Higgs stated on page 13, in Section 62-2259(b), the Public Works Director of Construction Management has been designated; titles in the County are frequently changed; and inquired if another term could be used; with County Manager Tom Jenkins suggesting "the County Manager or designee." Commissioner Higgs stated the goal is to become more generic; and recommended those two changes.

Commissioner Cook stated on page 7, the Code Enforcement Director is deleted and the Zoning Official is inserted for Conditional Use Permits in mobile home classifications; and inquired why it was changed. Zoning Official Rick Enos stated the Zoning Division is in a better position to administer it because it has all the records, and it has been doing that for approximately one year. Commissioner Cook stated part of the criteria to determine if an administrative extension is given for security trailer is that the ownership of the property has not changed, the owner has complied with the provisions, and the character of the neighborhood has not changed; and inquired if Code Enforcement would be better to make those determinations. Mr. Enos stated the Zoning Division is working directly with Code Enforcement on this issue. Commissioner Scarborough suggested it be changed to County Manager or designee to provide flexibility. Commissioner Higgs stated on the same page County staff and the Division of Public Works is referenced; and recommended it be changed to County Manager or designee. County Manager Tom Jenkins suggested making a blanket change as Zoning Official is mentioned on the next page. Commissioner Higgs stated she is not as uncomfortable with that.

Discussion ensued on the suggested changes.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt an Ordinance amending Chapter 62, "Land Development Regulations," Code of Ordinances of Brevard County, Florida; specifically amending Chapter 62, Articles: II, III & VI, Sections: 62-100.1 Title, Heading and Subsection (6), 62-185(a, b, & c), 62-252, 62-1151(b), 62-1186(2)(f), 62-1251(b, c, e, & f), 62-1448(a), (b)(1), (b)(3)(a), (b)(4)(a), & (c), 62-1449(b)(1)(a)(2), 62-1445(5), 62-1571(9)(a), 62-1902(2), 62-1903(a)(7), (b)(7), & (b)(8)(b&c), 62-1920(7), 62-1936(f), 62-1946(7), 62-1950(9), 62-1959(d)(4), 62-2112, 62-2121(b)(3)(a), 62-2125 (a&b), 62-2127 Heading and Subsections (6 & &), 62-2202, 62-2253, 62-2259(b) to revise position titles and organizational names for consistency with the current organizational structure; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Code of Ordinances of Brevard County, Florida, as amended to change titles to "County Manager or designee." Motion carried and ordered unanimously.

Commissioner Scarborough inquired about the breakdown on how to proceed shown on page 2; with Chairman Voltz stating the next part that will come back is removal of antiquated citations and regulations elsewhere in the Code. Commissioner Scarborough stated it will proceed as shown.

PUBLIC HEARING, RE: RESOLUTION ADOPTING AMENDMENTS TO MERRITT ISLAND REDEVELOPMENT PLAN

Chairman Voltz called for the public hearing to consider a resolution adopting amendments to Merritt Island Redevelopment Plan.

There being no comments or objections, motion was made by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution of the Board of County Commissioners of Brevard County, Florida, relating to community redevelopment in Central Merritt Island; approving an amendment to the Merritt Island Redevelopment Plan, for the Merritt Island Redevelopment Area pursuant to the provisions of Part III of Chapter 163, Florida Statutes by identifying specific redevelopment projects and recommended actions. Motion carried and ordered unanimously.

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

Chairman Voltz called for the public hearing to consider adoption of 1997A Comprehensive Plan Amendments for transmittal to the Department of Community Affairs.

Commissioner Higgs stated page 13(e)(3) should include "and on adjacent properties." Commissioner O'Brien stated Commissioner Higgs may be correct; however, the Board has not even adopted an ordinance to protect homeowners when a house is built next door that is three feet higher because it is considered a civil matter; and the same thing should apply in terms of shoreline hardening. He expressed concern about the wording which prohibits new shoreline hardening structures in unincorporated areas north and south of Patrick Air Force Base. Commissioner Higgs advised the change is from "shall" to "should"; if a property is deemed to be necessary to have a shoreline hardening structure, the criteria listed in (3) applies; and in the Archie Carr Refuge and south of Patrick Air Force Base, "shall" continues to apply. Commissioner O'Brien stated that is acceptable.

Discussion ensued on "shall" and "should", and specific criteria.

Commissioner O'Brien stated either shoreline hardening and houses higher than adjacent houses should both be civil matters or the Board should address both. Chairman Voltz and Commissioners Scarborough and Higgs indicated willingness to address both. Chairman Voltz advised the issue should be brought back to the Board at another time.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to return E.3 to the original language which includes "and on adjacent properties" rather than the LPA language.

Commissioner Cook stated he supports the LPA recommendation; he is not a fan of hardening structures; but the Board is addressing the issue because of the situation of the Constellation Condominium. He explained why he prefers the LPA language.

Commissioner O'Brien stated this kind of damage has not been seen in the past; but due to the condition of the beaches, more will occur; and explained why he supports "should."

Chairman Voltz called for a vote on the motion. Motion did not carry; Commissioners Scarborough and Higgs voted aye; Commissioners O'Brien, Cook, and Voltz voted nay.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt an Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County; entitled "The Comprehensive Plan", setting forth Plan Amendment 97-A of the Comprehensive Plan; amending Section 62-501; Part III, Entitled The Recreation and Open Space Element and Section 62-501, Part XII, entitled The Coastal Management Element; and provisions which require amendment to maintain internal consistency with these Amendments; providing legal status; providing a severability clause; and providing an effective date, including the LPA language for E.3 on page 13.

Planner Todd Corwin inquired if the motion includes the language to address the DCA concerns regarding criteria A and J; with Chairman Voltz responding affirmatively.

Chairman Voltz called for a vote on the motion. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE MODIFYING ZONING PROCEDURES

Chairman Voltz called for the public hearing to consider an ordinance modifying zoning procedures. She inquired if there is a problem with the two-week issue; with Commissioner O'Brien responding he has no problem with it now.

Commissioner Cook stated the issue came up concerning the 5-day requirement; that is not long enough to provide technical information; and 10-day period is more reasonable. Commissioner O'Brien stated a 5-day period is not enough time to provide rebuttal. Chairman Voltz explained the need for the change to allow the Board to continue meetings under specified conditions.

Motion was made by Commissioner O'Brien, seconded by Commissioner Cook, to adopt an Ordinance amending Section 62-184 of the Brevard County Code, entitled "officers; Rules of Procedure; Quorum:, of Division Three, Entitled "planning and Zoning Board;, to provide for continuation of the Board's proceedings under specified conditions; providing for severability; and providing for an effective date, as amended to include "all such requested information shall be prepared in report or written summary form and delivered to the applicant at least ten days prior to the date set for the continuation of the hearing."

Commissioner Cook stated it will be up to the Board whether to continue a hearing.

Chairman Voltz called for a vote on the motion. Motion carried and ordered unanimously.

ACCEPTANCE OF STAFF REPORT, RE: AVAILABILITY OF WILDLIFE SERVICES IN THE COUNTY AND DRAFT AGREEMENT FOR SUCH SERVICES

Commissioner O'Brien stated he is against the contract for this service; the Board already pays for SPCA and Animal Control; if they cannot do the job, something is wrong; and the money could be better spent on people.

Lou Ann Hawes stated she is a wildlife educator and rehabilitator; advised of the history of Florida Wildlife Hospital; and emphasized the facility was never closed due to financial problems.

William Campbell, Director of Coon's Run Wildlife Sanctuary, stated the Board should not fund any rehabilitators unless it funds them all.

Chairman Voltz inquired where Coon's Run gets its funding from; with Mr. Campbell responding from fundraisers and benefits.

John Malone, former Manager of Florida Wildlife, advised Florida Wildlife has never closed due to lack of funds, but due to lack of a licensed rehabilitator. He advised of financial support for the facility; and stated the Board is not aware of the number of licensed rehabilitators in the County.

Susan Canada read a portion of the Florida Administrative Code concerning fees to rehabilitators; and stated when rehabilitators start out, they are well aware they will have to have fundraisers and public support. She advised of other rehabilitators in the County; and inquired why should the County pay for services that are being provided for free. She advised of errors in the staff report; commented on the options for Board consideration; and stated many of the services listed in the contract are already provided. She advised of donations from various donors.

Commissioner Scarborough inquired if they are adequately funded; with Ms. Canada responding the rehabilitators she spoke to have more than enough food. She advised PetSmart and Wal-Mart donate food; and some pet stores have provided so much that she has donated excess to Florida Wildlife. Commissioner Scarborough inquired what would they be in need of; with Ms. Canada responding money to pay the staff.

Laura McGrath, Director of Florida Wildlife Hospital, advised of her background; stated they try to get donations of food, supplies, and veterinarian services; and the goal is to keep the hospital open. She stated the fourteen other rehabilitators in the County provide a great service, but would be hard pressed to handle over 2,000 animals per year. She advised Florida Wildlife is open seven days a week; many of the animals are brought in by individuals rather than Animal Control; and funding is needed. She stated there is funding to remain open approximately two more months; advised of the workload; and requested the County help with funding.

Chairman Voltz inquired when was the last time the group had a fundraiser; with Ms. McGrath responding they have fundraisers monthly, and the last one was two to three weeks ago. Ms. McGrath advised of the difficulty of fundraising and handling the workload.

Hyta Mederer, Vice President of Florida Wildlife Hospital, stated the County spent a lot of time with this issue; Florida Wildlife Hospital has not asked the County to support it as opposed to anyone else; they have never said they are the only rehabilitators; and they never said they would close their doors if the County did not help. She stated the goal is to help the animals; there are plenty of animals for all the rehabilitators; and advised of the background of the facility. She stated if the County chooses not to help the facility, the doors will not close; however, it costs a minimum of $3,000 per month to stay open.

Patti Chandler, President of Florida Wildlife Hospital, requested the Board's support; and stated it is not a competition between Florida Wildlife Hospital and other rehabilitators.

Commissioner Scarborough stated there is not an immediate need; human concerns should come first; but if there is a demonstrated need for the rehabilitators to be supplemented in a fair and equitable manner, it should be possible for them to receive some County funds. He stated if additional information is brought forward that there are certain things the Board could supplement with minimal cost, he would be willing to consider it on a fair and equitable, and as needed basis. He stated there is no need for the Board to take action at this time; but if at budget time, there is a demonstrated need and an acceptable methodology, the Board can look at it.

Commissioner Cook agreed there is no emergency; there are other sanctuaries which do not want County funding; and the needs of people are important. He stated a lot of money is spent on Animal Control; all of the rehabilitators are doing a good job; and not everything should be a government program.

Commissioner O'Brien stated there is no emergency need at this time; and the Board does not fund various organizations which provide relief to people even though there may be an immediacy of need. He suggested the rehabilitators may profit from banning together.

Commissioner Higgs stated Animal Control responds to people; there is a concern about wildlife; and the County is using the rehabilitators to deal with those problems. She stated most people taking animals to rehabilitators provide a donation for the care of the animal; however, the County takes animals to the rehabilitators without providing any assistance or support. She stated the County has a responsibility to help because of the way it is using the services; and she would support a process through which the Board set aside funds to provide supplies or financial donations to the rehabilitators.

Discussion ensued on the responsibility of the County, funding Humane Society and SPCA, rehabilitators never requesting funding before, Vietnam Veterans never requesting money before, lack of emergency, Animal Control only taking domesticated animals to the shelters, difference between funding the Vietnam Veterans and the rehabilitators, availability of other sanctuaries, other County priorities, and supplementing volunteers.

The Board reached consensus to take no action.

CONTRACT WITH SPEARMAN MANAGEMENT, RE: LOBBYIST SERVICES

Scott Ellis explained why the Board decided not to continue with lobbyists in 1992; and outlined the problem with lobbyists' involvement with campaign activities for locally elected officials. He commented on the Board serving as selection committee for the lobbyist, and the lack of presentations; and stated there was no discussion of what the County achieved from having a lobbyist previously. He commented on the conflict of interest issue and lobbyist services not being a market rate service; and stated in this case a conflict would exist. He stated the County does not need a lobbyist; it is the job of the Delegation to get the County's issues done in Tallahassee; it is more effective to send County staff to Tallahassee; and if the Board must hire a lobbyist, it should be a County employee so he would have no interest other than the County.

Dale Young advised of the purpose of a lobbyist; and stated it is offensive to the general public because of the perceived propensity for corruption of public officials. He commented on the conflict of interest of Commissioner Higgs; and requested the State make a determination on it. He stated the Spearman Agency enjoys a Statewide reputation as an influential force in politics; and it would be prudent for any Commissioner to reveal any benefit that may have accrued to themselves from any association with the Spearman Agency.

Jim French stated the lobbyist is very good at lobbying the County; and advised of the background. He commented on the RFP process, the compensation for the lobbyist, lobbying methods, and difficulty in measuring effectiveness of a lobbyist; and stated it would be easier to measure the efforts of staff or the EDC.

Chairman Voltz stated Mr. Spearman has never lobbied her for this position, although he called to ask if she was interested in hiring a lobbyist. She stated others at the meeting had an opportunity to make a presentation; she never had a problem with the $50,000 compensation; and at the end of the year, the Board will find out if it got its money's worth. She stated the Board has no control over how Mr. Spearman spends his money; and if he wants to support a candidate, that is up to him.

Commissioner Higgs stated allegations were made which she takes personally; she did what she thought was right in revealing on the record a relationship she has as an owner of stock in a company; and her husband also owns stock as do others. She stated she consulted with the County Attorney; the company has no business relationship with the County; neither she nor the company has ever lobbied the County; and she has no problem in consulting with the Ethics Commission to ensure what she did was legal and proper. County Attorney Scott Knox stated Commissioner Higgs inquired whether she had a contractual conflict within the meaning of the Ethics Statute; and his opinion is that although technically there is a conflict, there is an exemption in the Statute that provides that if the service is available to the general public at a rate that would be paid by a member of the general public, then it is exempt from the Conflict of Interest Statute. He stated the information he has been provided indicates that is the case, and in his opinion, Commissioner Higgs would be exempt. Commissioner Higgs stated she tried to behave ethically, and will continue to do so; and she will be happy to contact the Ethics Commission and provide information to the Board.

The meeting recessed at 10:43 a.m. and reconvened at 10:56 a.m.

DISCUSSION, RE: FCC LETTERS (CONTINUED)

Chairman Voltz stated Ms. Busacca gave her a letter regarding the FCC issue, but advised the date for response has passed, and the Board cannot send the letter to the FCC, however, the letter can be sent to Senators Graham and Mack as well as Representative Weldon. She stated the Board suggested the letter be sent to the FCC.

Commissioner Cook stated the formal comment period has ended, but the FCC accepts informal comments at any time prior to the rulemaking; and the six copies should be sent to the Secretary of the FCC and the various other agencies and individuals. He expressed hope that the letter would be sent out today by overnight mail. He stated there is nothing wrong with sending the letter to Senators Graham and Mack and Congressman Weldon, and there is a whole list of names to whom a copy should be sent.

CONTRACT WITH SPEARMAN MANAGEMENT, RE: LOBBYIST SERVICES (CONTINUED)

Commissioner O'Brien stated the responders to the RFP were given an opportunity to give a presentation at the public meeting, but they did not bother to do so. He stated he read all the resumes and advised of his opinion; and two other Commissioners shared his opinion. He stated Commissioner Higgs declared a conflict of interest, but was told by the County Attorney that there was no conflict. He commented on the benefits of having a lobbyist; and stated at the end of one year, the Board can evaluate what the County got for its investment. He stated he does not care how the lobbyist spends his money; and advised of the overhead which must by paid by the lobbyist. He advised how the success of the lobbyist can be measured and what lobbyists can do as advocates for their clients. He stated it would be stupid for the County to not have a lobbyist; and noted the County has received zero dollars for its beaches because there has been no one in Tallahassee to help get the money.

Commissioner Scarborough read aloud from page 6, paragraph B concerning interpretation of County policies; stated it could be interpreted two ways; and recommended it be well defined. Commissioner Cook stated the County should define its own policies; and the wording should be changed. Commissioner Scarborough stated on page 2, it says "the company shall work only on matters approved by a majority of the County in public session"; and suggested "County" be changed to "Commission" to make it more clear. Mr. Knox advised he has no problem with the change. Commissioner O'Brien suggested eliminating "and interpret and define the County's policies."

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to eliminate "and interpret and define the County's policies" on page 2.

Commissioner Cook inquired about the wording "each party shall have the authority to transmit instructions." Discussion ensued on the wording.

Motion restated by Commissioner O'Brien, seconded by Commissioner Scarborough, to eliminate "and interpret and define the County's policies" and change "instructions" to "information." Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to change the word "County" to "Commission."

Discussion ensued on the change.

Chairman Voltz called for a vote on the motion. Motion carried and ordered unanimously.

Commissioner Scarborough expressed concern about the lobbyist having interests that are in conflict with the County's interests; and requested the rules applying to attorneys for conflict of interest be inserted. Mr. Knox stated Mr. Spearman indicated the change is acceptable. Commissioner Scarborough stated the other question concerns lobbying the County; and suggested the lobbyist not lobby the County on behalf of any other clients.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to include provision that the lobbyist be prohibited from lobbying the County on behalf of other clients. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to execute Agreement with Spearman Management, Inc. for State lobbying services for the period December 9, 1997 to September 30, 1998, as amended; and approve Budget Change Requests for transfer of funds.

Commissioner Cook stated he did not support hiring a lobbyist, and does not intend to support the motion. He stated Mr. Spearman has supported him politically in the past and has not in other races, and so have Mr. Ellis and Mr. Young.

Commissioner Higgs stated in 1992 she did not support having a lobbyist; however, in five years, she has learned that the County needs a professional in Tallahassee representing its interests.

Chairman Voltz called for a vote on the motion. Motion carried and ordered; Commissioners Scarborough and Cook voted nay.

REQUEST OF LINNEA AND RAY REID, RE: REDUCTION OF CODE BOARD PENALTY

Joan Bickerstaff stated she served as Special Master for this matter because the regular Special Master had a conflict of interest. She stated this appeared to be a case of extreme hardship; and advised of the circumstances which lead to the violation. She stated the property cannot be used for any residential purpose; the Reids have not been able to give away or sell the property; they have had personal, health and financial problems; and they are asking the Board to reduce the fine and lien to the administrative costs.

Chairman Voltz stated the Board is not questioning what the Special Master did; but there have been so many of these cases coming before the Board, it wanted to know the rationale.

Commissioner Cook inquired if Ms. Bickerstaff was requested to attend today; with Ms. Bickerstaff responding she volunteered to come because there was a need for clarification, and she is not charging for her attendance. Commissioner Cook stated he was comfortable with the recommendation as there are sometimes hardships and extenuating circumstances.

Commissioner O'Brien stated when the Board first heard the case, it did not have the information from the Special Master; and when the Board hears cases, he wants to have information from both sides.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to reduce the amount of the Code Board penalty for Ray G. and Linnea D. Reid to $235 as recommended by the Special Master, release the lien upon payment of the fine; and authorize the Chairman to execute the Reduction of Administrative Fine. Motion carried and ordered unanimously.

Commissioner Scarborough suggested the Special Masters provide a finding of fact along with the recommendation when cases come to the Board. Ms. Bickerstaff advised it would pose no hardship.

Commissioner Higgs stated she thought the County was going to talk to the Reids about the possibility of acquiring the property. Commissioner Cook stated if the Reids are still interested, they can contact the County. Commissioner Higgs expressed interest in exploring the issue.

Commissioner O'Brien stated the rest of the problem was the property tax; in seven years, the Tax Collector has done nothing about the property; and inquired what the Board should communicate to the Tax Collector. He stated the Board set a cap on fines to prevent cases coming before the Board for reductions; and unless there is a compelling reason to do so, fines should not be reduced. County Manager Tom Jenkins stated the reason the Tax Collector has not been able to do anything may be because when he takes it to a sale, no one is interested in buying the tax certificate. Commissioner O'Brien stated at some point the Tax Collector should proceed to take the Deed; and that process is not being followed.

Commissioner Cook stated it is complicated by the fact that it is a homesteaded property; there is a deaf-mute person living in the trailer; and there should be some reluctance before displacing people. He agreed the Board should receive a summary of the finding of fact; but stated there will always be cases that do not fit into the regulations. He noted the appraisal for the property is $5,000; and those things need to be taken into consideration.

Motion by Commissioner Scarborough, to direct staff to investigate the possibility of developing a format whereby the Special Master will provide a formal finding of fact to the Board, and if the Board finds a deficiency, the Board can request the Special Master be present for questions.

Commissioner Cook stated it could be an onerous form that would cause the Special Masters to shy away from reducing fines.

Discussion ensued on findings of fact.

Commissioner Cook seconded the motion. Motion carried and ordered unanimously.

RESOLUTION, RE: ESTABLISHING COMMUNITY ACTION AGENCY ADVISORY COMMITTEE

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to expand the scope of the Community Based Organizations Advisory Board to include State Community Action Agency requirements.

Discussion ensued on the CBO Advisory Board taking on the new requirements without more people, expanding the Advisory Board, why the structure of the CBO Advisory Board should not be changed, difficulty in dealing with three Advisory Boards, and designating the Child Care Association as the Community Action Agency.

Chairman Voltz inquired how long will the new advisory board be in existence; with Housing and Human Services Director Bernice Jackson responding it is a continuing board.

Commissioner Cook recommended leaving the CDBG and CBO Advisory Boards separate; and stated he supports the Child Care Association serve as the CAA.

Commissioner Higgs advised the Board decided not to give the money to the Child Care Association to serve as the CAA; and she supports Commissioner Scarborough's recommendation. She advised of the need for balance; and outlined how appointments could be made.

Commissioner O'Brien voiced support for the stand alone committee; and stated he does not want more added to the CBO Advisory Board; with Commissioner Cook agreeing.

Commissioner Scarborough withdrew the motion.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to establish a stand alone Advisory Committee which meets State requirements for CAA purposes only, creating a nine-member group to advise on the creation of the plan and provide recommendations to the Board, allowing the CBO and CDBG Advisory Board to remain separate advisory bodies.

Commissioner Higgs stated she cannot support the motion as it proliferates redundant committees, does not encourage efficiency, and does not bring one voice for human services.

Chairman Voltz stated during the Goals Workshop she wants to take a look at the committees as there are far too many.

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

Commissioner Higgs expressed concern about lack of representation from all qualified areas; and outlined areas which are qualified but not represented. She recommended sending the map back to the CDBG Advisory Board and requesting it analyze the current representation and return to the Board in February, 1998 with recommendations on how to make the CDBG Board more representative of the people who are qualified to receive help.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct staff to send map showing the various communities that need service to the CDBG Board requesting it analyze the current representation, and report to the Board in February, 1998. Motion carried and ordered unanimously.

Commissioner Scarborough inquired if there is any criteria to be considered. Commissioner Higgs stated the CDBG should be provided with a map showing the populations and average incomes in the areas. She stated the target areas were designated in the 1970's; and there are a number of areas where the income criteria is met, but they are not represented.

APPROVAL, RE: TRANSPORTATION IMPACT FEE TECHNICAL ADVISORY COMMITTEE RECOMMENDATIONS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve the project funding recommendations as prepared by the Technical Advisory Committees for Impact Fee Benefit Districts 3 and 9; authorize the Chairman to execute Disbursement Agreements with the Cites of Cape Canaveral and Cocoa; and approve Budget Change Requests required to implement the project appropriations. Motion carried and ordered unanimously.

ACTION, RE: CHURCH OF GOD OCEANSIDE SPECIAL EVENT

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to approve annual request of the Church of God Oceanside to allow up to ten RV's for its annual Church repair and revival meetings. Motion carried and ordered unanimously.

APPROVAL TO PURCHASE, RE: VEHICLES AND EQUIPMENT FOR FIRE STATION IN VIERA EAST

Commissioner O'Brien stated he has a problem with transferring the title of the ambulance and the possibility of it becoming a Harbor City type of situation.

Commissioner Cook stated there was a problem once where the County incurred liability when an ambulance which had been turned over had an accident; and if the County turns over the ambulance, the organization will have title to it and bear any liability. He stated the fire station is proposed to be on Murrell Road; and the $24,000 savings in sales tax would be to offset the cost of upgrading the fire station roof.

Motion by Cook, seconded by Commissioner O'Brien, to approve purchase of one fire engine at $165,000 and one ambulance at $90,000 utilizing the City of Tallahassee's contract, with all funds expended being reimbursed by The Viera Company; and grant permission for the Public Safety Department to bid and award to the lowest bidder the equipment for the station and vehicles at approximately $145,000.

Commissioner Scarborough inquired if the sales tax issue has been resolved; with County Attorney Scott Knox responding it is fine the way it is currently structured.

Commissioner O'Brien advised the DRI for Viera requires The Viera Company to provide the station, vehicles and equipment as part of the development.

Chairman Voltz called for a vote on the motion. Motion carried and ordered unanimously.

AGREEMENT WITH NORTH BREVARD DEVELOPMENT CORPORATION, RE: WATER SUPPLY AND WELLFIELD

Commissioner Scarborough stated the Agreement changes the name of the entity from Cougar Ridge Properties, Inc. to North Brevard Development Corporation; there is a wastewater treatment plant adjacent to the developer's property; and the agreement deals with the development using reuse water from that plant and the County having the ability to get potable water off the developer's land. He stated there is also language dealing with the use of a road through a subdivision; the intent is that no prior approval is given; and suggested the Board differentiate between the Spruce Hills portion of Pine Avenue and the unpaved road to the Treatment Plant. Water Resources Director Richard Martens stated he sees no problem with adding that clause. Commissioner Scarborough explained the problem with the road.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize execution of Water Supply and Wellfield Agreement and recordable Memorandum of Agreement with North Brevard Development Corporation, amending Paragraph 4A to differentiate between Pine Avenue in Spruce Hills and the unpaved portion of a driveway leading to the treatment plant. Motion carried and ordered unanimously.

Mr. Martens clarified the Agreement differentiates between the driveway into the treatment plant from Pine Avenue in Spruce Hills, and deals solely with the driveway.

LEASE AGREEMENT WITH DESERET RANCH, RE: USE OF PROPERTY FOR CATTLE RANCHING

Solid Waste Management Director Richard Rabon stated the Agreement is not ready and is still being debated; and requested the item be deferred until it can be worked out. He advised the use of the property will expire; and requested the Board extend the use for a 90-day period.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to table Lease Agreement with Deseret Ranch for 90 days, and extend use of the property by Deseret ranch for a 90-day period beyond the expiration of the current Use Agreement.

Commissioner Cook inquired if language is being negotiated with regard to the Joint Stipulated Settlement; with Mr. Rabon responding it could be that form or a lease agreement, but it has yet to be worked out between the two attorneys.

Discussion ensued on concern about the negotiation of a Joint Stipulated Settlement.

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

AWARD OF PROPOSAL #P-1-7-11 AND CONTRACT, RE: SCAT VEHICLE FLEET MAINTENANCE

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to award Proposal #P-1-7-11, SCAT Vehicle Fleet Maintenance to Ryder Transportation Services at an estimated cost of $1,012,640 annually; and authorize the Chairman to execute the Contract with the vendor for the service. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-5-8-01 AND CONTRACT, RE: ANIMAL SHELTER SERVICES FOR NORTH BREVARD

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to awarded Proposal #P-5-8-01, Animal Shelter Services to the S.P.C.A. of North Brevard, Inc. at an estimated $46,350 annually; and execute Contract with the vendor for the service.

Chairman Voltz stated she will not support the motion; the Committee did not rank S.P.C.A. very high; but it is not fair to go out for RFP again.

Chairman Voltz called for a vote on the motion. Motion carried and ordered; Commissioner Voltz voted nay. See page for Contract.)

APPROVAL, RE: 1998 BOARD MEETING SCHEDULE

Chairman Voltz requested the meeting for January 6, 1998 be canceled. Commissioner O'Brien suggested moving that meeting to January 13, 1998 at 9:00 a.m.

Commissioner Higgs requested the meeting with Melbourne-Tillman District be rescheduled from August 6 to August 20, 1998.

Commissioner O'Brien requested the March 17, 1998 be canceled as it is a holiday. Commissioner Cook suggested switching the night and day meetings. Commissioner O'Brien stated March 10, and March 17, 1998 can be switched.

Commissioner Scarborough stated even though the Board is setting its schedule, it is tentative as the Board tries to accommodate things that come up later in the year.

Commissioner O'Brien stated there is a zoning meeting scheduled for May 28, 1998; and suggested moving it to May 21, 1998 and moving the workshop to May 7, 1998. Commissioner O'Brien stated there is also a regular meeting on May 26, 1998, if the regular meeting is moved to May 19, 1997, then the Board will be off when the children are. Commissioner Cook inquired why the Board keeps eliminating the night meeting. Chairman Voltz stated it will be moved; with Commissioner Cook inquiring if it will be moved to May 26, 1998. Discussion ensued on the May, 1998 Board meetings. Commissioner O'Brien stated the May 26, 1998 meeting will be eliminated; zoning has been moved to May 21, 1998; and the May 21, 1998 workshop has been moved to May 7, 1998. Chairman Voltz suggested the changes be brought back to the Board at the next meeting on the Consent Agenda.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to accept the Schedule as revised.

Commissioner Higgs inquired when is the first primary; with Management Services Director Stockton Whitten advising the primary election is on September 1, 1998.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to amend the motion to eliminate the September 1, 1998 meeting.

Chairman Voltz called for the vote on the motion, as amended. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - DWIGHT: SPENCER, RE: DEMAND TO CEASE AND DESIST SEARCHES BEFORE ENTERING COURTHOUSE

Dwight: Spencer objected to the proceedings being conducted in a military venue; and challenged the validity of any of the proceedings. He stated Florida is a sovereign entity, and the unadorned Florida flag should be to the Board's right instead of the national military flag. He submitted an opinion of the U.S. Attorney General declaring a gold fringed flag to be a military flag.

Commissioner Scarborough stated the County Attorney will review the opinion and communicate the findings to Mr. Spencer.

Mr. Spencer stated on October 6, 1997, he sent the County an order to cease and desist the unwarranted and unlawful searches at the courthouses; he was provided a copy of a letter from an Assistant County Attorney advising the only reason the procedure is in effect is because someone is afraid the County will be sued; and this is a direct violation of the U.S. Constitution and Florida Constitution. He stated he provided detailed reasoning in his letter, but has received no response; and the County is in default on the issue. He stated if the procedure was approved in the military venue, it was unlawful; and requested the Board reconsider the procedure and delete it. He stated the Law Library and Clerk's Office have been sequestered; there is no access to those without surrender of Constitutional rights; and he objects to surrendering any right to privacy. He advised the County does not impose the same condition on North Brevard with respect to the Clerk of the Court. He stated the Board acts as a fiduciary; it is not up to him to prove that the Board's actions were wrong; and cited case law concerning fiduciaries.

County Attorney Scott Knox advised case law allows magnetometers.

Chairman Voltz advised other counties use magnetometers; they are used for protection; and the Board will not make any kind of change.

FUNDING REQUEST, RE: VIETNAM VETERANS' TRANSITIONAL LIVING FACILITY

Kathleen Eberhardt expressed support for the Vietnam Veterans' Transitional Living Facility; and advised of her experience with the facility.

Rod Smith, representing Brevard Veterans Council, thanked the Board for its proclamation on November 11, 1997; and expressed support for the Vietnam Veterans' Transitional Living Facility. He invited the Commissioners to the Veterans Council Christmas party on December 10, 1997.

Russell Fleet stated he was a homeless veteran; advised of his personal problems and experience with the Vietnam Veterans Transitional Living Facility; and expressed support of the facility.

Floyd Merckle, Director and Case Manager of Vietnam Veterans' Transitional Living Facility, described the facility; stated the Veterans Administration is not doing enough to resolve the issues facing veterans today; and Florida has one of the highest populations of veterans in the country. He advised of veterans organizations and funding problems; and requested the assistance of the Board.

Ken Baker advised of lack of success in getting funds through the Grant Per Diem Program; and requested the Board's help in getting funding from the Veterans Administration. He advised of activities at the Vietnam Veterans' Transitional Living Facility.

Chairman Voltz inquired what is Congressman Weldon doing on the issue; with Mr. Baker responding he does not know if Congressman Weldon was contacted.

Mr. Merckle advised 60 to 70% of the residents of the facility are Brevard County residents; Congressman Weldon has been approached in the past and has provided assistance; but the Veterans Administration is a tough nut to crack. He stated VA hospitals are struggling to survive; funding is being given to the hospitals; and there is no money to help organizations such as the Transitional Living Facility. He stated money coming from the VA is for construction and opening of new facilities or expansion of existing facilities; and no one wants to support an already functioning facility at its present level.

Chairman Voltz inquired if Congressman Weldon has assisted with permanent funding; with Mr. Merckle responding he has done what he can, but he has been unable to secure permanent funding. Chairman Voltz stated she has no problem giving $25,000, as the facility needs funding to keep going; but a long term solution is needed.

Commissioner Higgs inquired what is the status of the application for the emergency housing funds; with Community Services Administrator Don Lusk responding nine applications were received, one of which was from the Vietnam Veterans of Brevard. Commissioner Higgs inquired when the Board will know how that is handled; with Mr. Lusk responding something will come back to the Board in early January, 1998 concerning the grant. Commissioner Higgs suggested the Board make a commitment to funding, but leave the source undetermined. She stated she will support the funding, but would like the Board to have the option of using the emergency grant after seeing the applications.

Commissioner O'Brien stated most of the grant money available for facilities such as the Transitional Living Facility is designated for civilian operations; but the Veterans' Transitional Living Facility is specifically for veterans. He provided statistics on the operation of the Transitional Living Facility; and advised of the goals of the program. He recommended the Board approve funding, and direct the County Manager to bring back a resolution for Congressman Weldon and Senators Graham and Mack, and also to the State Delegation, requesting assistance in finding permanent funding for the facility. He stated it is difficult to get grants for facilities which only serve veterans; the VA historically has let veterans down; and the VA and the State must be convinced that there are financial needs and they should come to the table. He recommended a continuing fund of $25,000 be established; and requested staff come back with a funding source, and help the veterans research available grants. He suggested informing the public of the need for support.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve funding request of $25,000 for the Vietnam Veterans Transitional Living Facility; direct staff and the County Manager to find a continuous funding source for the allocation; direct staff to help the veterans with research to find available grants; direct the County Manager to draft a resolution for the Board's consideration requesting permanent funding for the facility from the State and federal governments; and direct the County Manager to communicate with Port Canaveral to request its lobbyist in Washington, D.C. to lobby for grant money for the facility.

Commissioner Cook stated the shelter grant may be a potential funding mechanism; and advised of his visit to the facility.

Chairman Voltz called for a vote on the motion. Motion carried and ordered unanimously.

DISCUSSION, RE: WATER QUALITY AND DREDGING NEEDS FOR INDIAN AND SAN SEBASTIAN RIVERS

Commissioner O'Brien stated he received a letter from Florida Inland Navigation District concerning San Sebastian River which divides Indian River and Brevard Counties; and recommended directing the County Manager or his designee to form a communications link between the two counties and work with FIND on the San Sebastian River. He stated Mr. Koraly's letter points out some problems. He stated the Corps of Engineers can fund the dredging of the Intra-coastal Waterway, but the problem is the Banana River; and outlined the problems of the Banana River.

George Koraly advised of previous and existing problems with the Sebastian River and the need to work with State and federal agencies to correct the problems; stated the estimate is $1 million to sweep the river; and addressed finding a spoil site. He stated the federal government will pay for 75% of the cost; the State and counties pay the balance; and there is a question whether flushing the Sebastian River will have a detrimental impact on the Indian River Lagoon. He advised of the letter from Mr. Roach of FIND.

Commissioner Higgs stated this is a concern to a lot of people; and advised of projects that have been done in the area. She stated as far as muck removal, the St. Johns River Water Management District, the Cities of Melbourne and Palm Bay, and FIND are involved in projects; and advised of

the Crane Creek and Turkey Creek Projects. She stated the Sebastian River will be a large project; it is estimated at 500 acres with approximately five feet of muck; and at $6 to $10 per cubic yard, the dredging could be $40 million. She stated she is happy to pursue this on the National Estuary Program Committee. Mr. Koraly questioned the estimate; and advised how he measured the muck. Commissioner Higgs stated the St. Johns River Water Management District as well as the Friends of the Sebastian River will be contacting Mr. Koraly so all of the data can be put together.

DISCUSSION, RE: MATHERS BRIDGE/STEVE S. VASZARY VS. BOARD OF COUNTY COMMISSIONERS, ETC. CASE NO. 94-1778 C.A.D.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to authorize the County Attorney's Office to close on the acquisition of the Mathers Bridge property, subject to existing submerged land leases with an annual payment of $633.08.

Chairman Voltz inquired if this means the people will get their check as soon as possible or will the lease problem have to be cleared up first. Commissioner Cook stated this should expedite it. County Attorney Scott Knox stated the motion will allow the County to close on the acquisition and get the check out. Chairman Voltz stated the sellers are the in-laws of her employee.

Chairman Voltz called for a vote on the motion. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - HANS K. SAURENMANN, RE: CODE ENFORCEMENT ACTION FILE

Hans Saurenmann notified the Board that in Case #97-2547, common sense was lost; and requested the Board eliminate Section 114-28(b) and the involved enforcement procedure, and dismantle the Code Enforcement/Code Compliance Department. He stated enforcing urban standards in rural areas creates unnecessary conflicts and presents unrealistic standards; and recommended the rural areas in Canaveral Groves be amended in the Comprehensive Plan to reflect the needs of different lifestyles and conditions under differing zoning classification, and restrict to one dwelling unit per acre to be consistent with the majority of the resident and property owners in the platted Canaveral Groves area. He recommended an ombudsman be placed on the County payroll under the jurisdiction of the Board rather than the County Manager for the purpose of monitoring questionable government decisions that affect the goodwill which should exist between government and the citizens. He suggested redesign of the County Manger's Office, enforcement of other issues by the Sheriff or the court system, amending the boundary between Commission Districts 1 and 2, and changing the MSTU boundary to comply with the revised boundary.

Commissioner Scarborough recommended the issue be referred to the County Attorney with instruction to forward reply to Mr. Saurenmann.

REQUEST FOR EXECUTIVE SESSION, RE: BREVARD COUNTY VS. FOUNTAIN

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve scheduling an executive session for December 16, 1997 at 5:00 p.m. to discuss Brevard County v. Fountain.

Chairman Voltz advised there is also a Value Adjustment Board meeting at 4:00 p.m on that date. Chairman Voltz called for a vote on the motion. Motion carried and ordered unanimously.

AUTHORIZATION TO USE ADDITIVE BID ALTERNATIVES, RE: PARKS AND RECREATION CONSTRUCTION PROJECTS

Commissioner Cook stated the Advisory Board would make the decision on the alternates; and his concern is that something should come back to the Board. Commissioner Scarborough agreed. Commissioner Cook stated he does not want to get into a situation where nothing ever comes in under budget.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorize the use of additive bid alternates for construction of any Parks and Recreation projects when circumstances require this approach, without eliminating the possibility of projects coming in under budget, and after approval by the Board on the Consent Agenda.

Commissioner O'Brien stated this is for Parks and Recreation projects; and presented a scenario showing the advantage of using additive bid alternates.

Chairman Voltz called for a vote on the motion. Motion carried and ordered unanimously.

WARRANT LIST

Upon motion and vote the meeting adjourned at 1:03 p.m.

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

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