January 28, 1997

The Board of County Commissioners of Brevard County, Florida, met in regular session on January 28, 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 Commissioner Randy O’Brien, District 2.

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

PERMISSION TO HOLD EXECUTIVE SESSION, RE: CESARIO CASE

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant permission to hold an executive session on February 4, 1997 to discuss the Cesario case. Motion carried and ordered unanimously.

JOINT MEETING, RE: CITY OF PALM BAY

Commissioner Voltz stated she received a letter from the City of Palm Bay requesting a joint meeting with the Board; and requested several dates be sent to the County Manager for coordination with the City.

Commissioner Higgs inquired what items does the City wish to discuss; with Chairman O’Brien responding the letter does not address that.

The Board directed the County Manager to inquire which items the City of Palm Bay wishes to discuss with the Board. Commissioner Higgs requested such meeting, if it is scheduled, be held at the Government Center.

PERSONAL APPEARANCE - CONGRESSMAN DAVE WELDON, RE: BEACH
RESTORATION AND OTHER ISSUES

Congressman Dave Weldon addressed the Board on issues important to Brevard County, including beach erosion and beach restoration, completion of the sand by-pass project, funding for widening of U.S. 192, tax relief for working families, specifically such families with children, stable funding for space programs, economic development, veterans health care clinic, grants for local airports, and grant to develop a state park in Mims.

Minutes continue on page__________

The Board acknowledged the presentation of Congressman Dave Weldon and expressed its appreciation to Mr. Weldon for his efforts.

PERSONAL APPEARANCE - CHERYL PAGE AND PARKS AND RECREATION STAFF,
RE: COMMUNITY AWARENESS AWARD

Cheryl Page, Parks and Recreation Department, stated she is here to acknowledge receipt of an award from Florida Department of Education; and it is the Community Awareness Award for the Summer Food Services Program. She introduced Parks and Recreation staff members Wanda Taylor, Betty Young, Terry Lane, James White, and Mike Barnes.

The Board accepted the Community Awareness Award for the Summer Food Services Program; and recognized the Parks and Recreation staff who implemented the Program. Commissioner Higgs requested the plaque be given to Parks and Recreation Director Chuck Nelson for display in the Parks and Recreation Office.

APPROVAL OF MINUTES

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve the Minutes of May 16, 1996 Special Meeting and July 16, 1996 Regular Meeting, as prepared. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT WITH FLORIDRAN, LTD., INC. FOR
IMPROVEMENTS IN OCEAN GARDEN VILLAGE

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution releasing Contract dated September 24, 1996 with Floridran, Ltd., Inc. for improvements in Ocean Garden Village. Motion carried and ordered unanimously. (See page for Resolution No. 97-12.)

RESOLUTION, RE: RELEASING CONTRACT WITH SPACE COAST MANAGEMENT
SERVICES FOR IMPROVEMENTS IN RIVERSIDE LANDING SUBDIVISION

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution releasing Contract dated July 26, 1993 with Space Coast Management Services for improvements in Riverside Landing Subdivision. Motion carried and ordered unanimously. (See page
for Resolution No. 97-13.)

AGREEMENT WITH AUDREY KRETZER, RE: CANAVERAL GROVES SECTION 20
IMPACT FEE FINANCING

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Agreement with Audrey Kretzer for Canaveral Groves Section 20 impact fee financing. Motion carried and ordered unanimously. (See page for Agreement.)

EASEMENT TO FLORIDA POWER & LIGHT COMPANY, RE: SERVICE TO CALVARY
CHAPEL ON MINTON ROAD

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Easement to Florida Power & Light Company for the installation of facilities to serve the proposed Calvary Chapel on Minton Road across the street from Max K. Rodes Park. Motion carried and ordered unanimously. (See page for Easement.)

CHANGE ORDER NO. 1 WITH PAVCO CONSTRUCTION, INC., RE: DETENTION CENTER
MINIMUM SECURITY DORMITORY MODIFICATIONS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve Change Order No. 1 to Agreement with PAVCO Construction, Inc. in the amount of $429.00 for dormitory modification at the Brevard County Detention Center, Sharpes. Motion carried and ordered unanimously. (See page for Change Order No. 1.)

CHANGE ORDER NO. 2, RELEASE OF RETAINAGE, AND FINAL PAYMENT TO NATIONAL
ROOFING/SOUTH FLORIDA, INC., RE: SATELLITE BEACH LIBRARY ROOF
REPLACEMENT

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve Change Order No. 2 to Agreement with National Roofing/South Florida, Inc. in the amount of $0.00; and release of retainage and final payment in the amount of $30,683 for replacement of the roof at the Satellite Beach Public Library. Motion carried and ordered unanimously. (See page for Change Order No. 2.)

CHANGE ORDER NO. 1 TO AGREEMENT WITH P. W. HEARN, INC., RE: MERRITT
ISLAND PUBLIC LIBRARY RENOVATIONS AND ADDITIONS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve Change Order No. 1 to Agreement with P. W. Hearn, Inc. in the amount of $3,239.95 for construction of renovations and additions to the Merritt Island Public Library. Motion carried and ordered unanimously. (See page for Change Order No. 1.)

CONTRACT WITH DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: GRANT
FOR MERRITT RIDGE BASIN 1G, SURFACE WATER PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Grant Contract #SP383 with the Department of Environmental Protection for Merritt Ridge Basin 1G; and authorize staff to take bids and award contract to the lowest responsive bidder. Motion carried and ordered unanimously. (See page for Contract.)

SUBORDINATION AGREEMENT WITH BARNETT BANK OF CENTRAL FLORIDA, N.A.,
RE: REHABILITATION OF JACKIE L. MOLE’S PROPERTY

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Subordination Agreement with Barnett Bank of Central Florida, N.A. for rehabilitation of Jackie L. Mole’s property located at 332 “A” Lane, Cocoa. Motion carried and ordered unanimously. (See page
for Subordination Agreement.)

ACCEPTANCE AND APPROVAL OF NOMINEE LOTTIE LOPEZ, RE: DISTRICT 7
HEALTH AND HUMAN SERVICES BOARD

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve nomination of Lottie Lopez to the District 7 Health and Human Services Board as recommended by the Brevard Subcommittee of the Qualification Review Committee. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF TITUSVILLE, RE: USE OF UPLAND BUILDING AT SAND
POINT PARK

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Agreement with City of Titusville for Parks and Recreation to use a portion of the Upland Building at Sand Point Park in Titusville. Motion carried and ordered unanimously. (See page for Agreement.)

RESOLUTION AND AGREEMENT WITH SPACE COAST CHAPTER OF NATIONAL
TECHNICAL ASSOCIATION, INC., RE: USE OF FACILITY AT COCOA WEST
COMMUNITY CENTER

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution and execute Agreement with Space Coast Chapter of National Technical Association, Inc. for use of the support facility at Cocoa West Community Center. Motion carried and ordered unanimously. (See pages for Resolution No. 97-14 and Agreement.)

AGREEMENT WITH ROCK-CO GIRLS FASTPITCH SOFTBALL LEAGUE, INC., RE: USE
OF STRADLEY AND ROCKLEDGE PARKS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Agreement with Rock-Co Girls Fastpitch Softball League, Inc. for supervised fastpitch softball and related activities at Don “Mo” Stradley Memorial Park and Rockledge Park. Motion carried and ordered unanimously. (See page for Agreement.)

CHANGE ORDER NO. 2 TO AGREEMENT WITH GENCO BUILDING SYSTEMS, AND
FINAL PAYMENT, RE: ROTARY RIVERFRONT PARK PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve Change Order No. 2 to Agreement with Genco Building Systems for time extension of 35 days, and authorize final payment in the amount of $8,980 for Rotary Riverfront Park Construction. Motion carried and ordered unanimously. (See page for Change Order No. 2.)

PERMISSION TO OBTAIN APPRAISALS AND NEGOTIATE PURCHASE, RE: MARK
REALTY PROPERTY IN SATELLITE BEACH

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to authorize staff to obtain two appraisals, and Parks and Recreation Director Charles Nelson to negotiate purchase of the Mark Realty property in Satellite Beach. Motion carried and ordered unanimously.

APPROVAL OF FINAL PAYMENT TO COMMERCIAL ROOFING, INC., RE: TRAVIS
PARK COMMUNITY CENTER RE-ROOFING

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve final payment to Commercial Roofing, Inc. in the amount of $9,030.70 for Travis Park Community Center re-roofing. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: EMS ADVISORY COUNCIL

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

John R. Moore, replacing Melissa Robinson, Sherry McCusker, R.N., replacing Adina Hebert, Major James K. Nickerson, replacing Richard Zink, Captain Bruce E. Olseen, replacing Pat Haggerty, Vera “Buddy” Render, replacing Debbie Scholem, Chief R. T. Sprinkle, replacing David Sargent, Bob Sarver, replacing George Wilson, Janice M. Bradley, R.N., B.S.N., replacing Elizabeth Haeckner, Jane Curts, R.N., replacing Shirlene Limb, John Doty, replacing Clifford A. Cooper, Jeff Gilliard, replacing Robert Cunningham, Roberta Humphreys, replacing Tammy Marsh, Fran Jastrzemski, replacing Tawny Bowling, Steve Johnson, replacing Timothy R. Matson, Tim Grabill, Captain J. R. Wigley, Art Fawcett, and William Farmer, with terms expiring December 31, 1999. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE OFF EXISTING BID #B-1-7-07, RE: AMBULANCE REMOUNTS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to authorize the Public Safety Department to purchase off existing Bid #B-1-7-07 awarded to E.V.T. (Emergency Vehicle Technologies, Inc.) to remount two ambulances. Motion carried and ordered unanimously.

TASK ORDER NO. 9 WITH GERAGHTY AND MILLER, INC., RE: CONSULTANT
SERVICES FOR OLD MOSQUITO CONTROL COMPLEXES AT MERRITT
ISLAND AND MELBOURNE AIRPORT

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Task Order No. 9 with Geraghty and Miller, Inc. for consultant services associated with cleanup of the old Mosquito Control complexes at Merritt Island and Melbourne Airport. Motion carried and ordered unanimously. (See page for Task Order No. 9.)

INTERLOCAL AGREEMENT WITH CITY OF TITUSVILLE, RE: WATER SYSTEM
INTERCONNECTION AT CARPENTER AND DAIRY ROADS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Interlocal Agreement with City of Titusville for the interconnection of the City’s and County’s water system. Motion carried and ordered unanimously. (See page for Interlocal Agreement.)

RESOLUTION, RE: COMMENDING WILLIAM N. DEAL

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution recognizing and commending William “Billy” N. Deal for his public service to Brevard County and its citizens, and extending its best wishes for good health and happiness during his retirement. Motion carried and ordered unanimously. (See page for Resolution No. 97-15.)

AWARD OF PROPOSAL #P-5-6-12 AND AGREEMENT, RE: REAL ESTATE BROKERAGE
SERVICES

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to award Proposal #P-5-6-12 and execute Agreement with Professional Touch Realty for Real Estate Brokerage Services, at 10% for the first $100,000 of sales price, 5% from $100,000 to $500,000 and 3% from $500,000 to $1,000,000 sales price on real property. Motion carried and ordered unanimously. (See page
for Agreement.)

PERMISSION TO SCHEDULE EXECUTIVE SESSION WITH COUNTY MANAGER AND
STAFF, RE: LABORERS INTERNATIONAL UNION LOCAL 678 AND ASSOCIATION
OF FIRE FIGHTERS LOCAL 2969 NEGOTIATIONS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to grant permission to schedule Executive Session on February 4, 1997, at the end of the regular meeting, with County Manager and appropriate staff to discuss the status of negotiations with the Laborers International Union, Local 678 and International Association of Fire Fighters (IAFF), Local 2969. Motion carried and ordered unanimously.

REVIEW AND APPROVAL, RE: SUFFICIENCY OF PUBLIC OFFICIALS BONDS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve County’s public officials bonds as required by Florida Statute 137.05 for the following: Tax Collector, Property Appraiser, Sheriff, Supervisor of Elections, Clerk of Courts, County Manager, and Commissioners for Districts 1 through 5. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: BAREFOOT BAY RECREATION DISTRICT ANNUAL
FINANCIAL REPORT FOR FISCAL YEAR ENDING SEPTEMBER 30, 1996

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to acknowledge receipt of Barefoot Bay Recreation District Annual Financial Report for Fiscal Year Ending September 30, 1996. Motion carried and ordered unanimously.

APPOINTMENTS, RE: ART IN PUBLIC PLACES ADVISORY COMMITTEE

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to appoint Sheila Stewart-Leach, Edward d’Avi, replacing John Ehrig, and Joseph R. Vislay, replacing Jack Rood, to the Art in Public Places Advisory Committee. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

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

Surface Water Improvement Advisory Board
Andy Tucker, with term expiring December 31, 1997.

Zoning Board of Adjustment
Helen Filkins and Richard Gramling, with terms expiring December 31, 1997.

Veterans Memorial Park Advisory Board
Adam Flores, with term expiring December 31, 1997.

Beach Erosion Control Advisory Committee
Robert Lawton, with term expiring December 31, 1997.

Brevard County Commission on the Status of Women
Jeanine Moss replacing Lori Bettes, with term expiring December 31, 1997.

Palm Bay Regional Park Advisory Committee
Gerianne Riley replacing Linda White, with term expiring December 31, 1997.

Public Golf Advisory Board
Lou Howard, with term expiring December 31, 1997.

Melbourne-Tillman Water Control District
Kenneth Carah replacing Roland Bollman, with term expiring December 31, 1997.

Meadowlane Community Library Board
Maria Wyatt replacing Mary McIntyre, with term expiring December 31, 1997.

Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve the Bills and Budget Transfers, as submitted. Motion carried and ordered unanimously. (See pages
for List of Bills and Budget Transfers.)

PUBLIC HEARING, RE: ORDINANCE AMENDING ORDINANCE NO. 94-20, ALARM
SYSTEMS

Chairman O’Brien called for the public hearing to consider an ordinance amending Ordinance No. 94-20, Alarm Systems.

County Manager Tom Jenkins stated the second page of the ordinance makes reference to the money going into the Fine and Forfeiture Fund; and the language should be amended to include “into the agency’s fund which responds to the alarm.”

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Ordinance of Brevard County, Florida, amending Chapter 5, Alarm Systems, Code of Ordinances of Brevard County, Florida; providing procedure for collection of fees; amending fees imposed for violation; amending procedure for appeals; providing exemption from Ordinance; providing severability; and providing an effective date, as amended. Motion carried and ordered unanimously. (See page for Ordinance No. 97-01.)

PUBLIC HEARING, RE: ORDINANCE AMENDING ORDINANCE NO. 96-25, UNPAVED
ROADS

Chairman O’Brien called for the public hearing to consider an ordinance amending Ordinance No. 96-25, Unpaved Roads.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Ordinance of Brevard County, Florida, amending previous Ordinance No. 96-25 which created provisions for the issuance of building permits on private roads, unpaved roads, ingress/egress easements and flag stem/flag lots to public roads; providing waivers and appeals; providing for conflicting provisions; providing for severability; providing for area encompassed; providing for consistency of terms; and providing for an effective date. Motion carried and ordered unanimously. (See page for Ordinance No. 97-02.)

DRAFT POLICY, RE: LEASE AND VENDOR SERVICE CONTRACT LANGUAGE

The Board directed the County Manager to advise the Board of the advantages, disadvantages, and escape clause for each lease or vendor service agreement.

The meeting recessed at 9:58 a.m.

The meeting reconvened at 10:08 a.m.

DISCUSSION, RE: OPTIONS FOR AMENDING LANDSCAPE AND LAND CLEARING
REGULATIONS

Commissioner Voltz requested the item be continued as she needs additional information and time to review the issues.

Graydon Corn requested the Board cancel the Landscaping Ordinance as it is unconstitutional.

Carl Signorelli, representing the North Merritt Island Property Owners Association and S.R. 3 Property Owners Association, stated if this ordinance is passed, he will be fined $2,000 per acre for removing the trees which he is ordered to do by the Engineering Department; everyone supports proper landscaping; however, the problem lies in the unnecessary regulations which create a hardship and take away property owner rights and freedoms of choice.

Harry Fuller, representing Space Coast Builders Association, stated he appreciates the County trying to make things simpler for the land owners; it has not worked out that way; this is just as complicated as the last time; and requested there be simplification.

Dick Thompson stated this particular ordinance is a real drain on property owners and developers; it is a detailed ordinance which requires all types of inputs that are costly and end up being paid for by the citizens and developers; and developers are going out of business in Brevard County due to the many different regulations they have to live up to.

Lillian Banks, President of Citizens for Constitutional Property Rights, stated page 13 of the ordinance states, “On a heavily wooded lot, the developer may pay a fee equal to $50 per inch of diameter of the tree or trees removed, up to a maximum of $2,000 per acre, in lieu of replacement. The fee will be deposited into an environmental trust fund for the acquisition of environmentally-sensitive lands and revegetation of public lands.” She advised Brevard County already has an EELS Program; it is not right to impose another tax on property owners; and that is what this is, it is not a fee.

Jonnie Swann, representing the Landscaping Task Force, stated the Task Force worked very well together; there was a lot of work and compromising done; it has worked on this for 10 years; and the Board should consider what it requested staff to do and move forward.

Norma Savell expressed her opposition to the ordinance; stated it is offensive and burdensome in its nature; and inquired why should the County tell property owners what they must plant on their own property.

Kim Zarillo requested the Board go back to the original motion after the second Task Force met which was to review the points; stated the Board directed staff to do something; staff has done more than what it was directed to do; and bringing up these old issues is a waste of everyone’s time, energy and money. She noted the Ordinance is not broken; it does not need to be fixed; and requested the Board put it to rest and work on the point system as staff was directed to do.

Deanna Reiter requested the Board simplify the present Ordinance and make it easier to understand from a civilian’s point of view.

Discussion ensued on continuation of the item for additional information, making the ordinance understandable and usable, moving forward with the process, review and input by the Local Planning Agency, options prepared by staff, unanimous actions by the Committee, integrating the options and actions into the ordinance showing strike-throughs and amended language, and advertisement of the ordinance.

County Manager Tom Jenkins suggested the Board direct staff to prepare a draft ordinance for discussion in February, 1997 and review by the Local Planning Agency in March, 1997, with the ordinance being finalized by the Board after LPA review.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to table consideration of options for amending landscape and land clearing regulations to February 18, 1997; and direct staff to prepare a draft ordinance for discussion by the Board in February and review by the LPA at its March, 1997 meeting, with the ordinance to be finalized by the Board after LPA review. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE:
HUNTINGTON ROAD STORMWATER POND

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Agreement with Florida Department of Environmental Protection for the Huntington Road Stormwater Pond Project; and authorize staff to take bids for the project and award the contract to the lowest responsive bidder. Motion carried and ordered unanimously. (See page for Agreement.)

DISCUSSION, RE: WAIVER OF DEVELOPMENT REVIEW FEES FOR ALZHEIMER’S
FOUNDATION

Commissioner Voltz stated she cannot support waiving the fees as the County has given the Alzheimer’s Foundation quite a bit of land already.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to waive zoning, site plan review, concurrency and building permit fees for the Alzheimer’s Foundation building to be constructed on Wickham Road. Motion carried and ordered; Commissioners O’Brien and Voltz voted nay.

DISCUSSION, RE: DRAFT POLICY ON MANAGEMENT OF COUNTY-OWNED REAL
PROPERTY

Reverend Tom Gibson, representing Central Brevard Sharing Center, requested the Board support not-for-profits and partner with them.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve draft Policy for donation and disposition of County-owned real property. Motion carried and ordered unanimously. (See page for Policy.)

REQUEST FOR MATCHING FUNDS, RE: COPS UNIVERSAL HIRING GRANT FOR
FLORIDA STATEWIDE SERIOUS HABITUAL OFFENDER COMPREHENSIVE
ACTION PROGRAM

Bob Sarver, representing Brevard Sheriff’s Office, explained the Serious Habitual Offender Comprehensive Action Program; stated it is being implemented throughout the State of Florida; the target of the grant request is toward funding a coordinator who would act as a Countywide liaison person between all law enforcement agencies in Brevard County; and requested the Board’s support.

Captain Jim Reynolds, representing Melbourne Police Department, emphasized the specifics of the program and how it would work. He advised there are several agencies involved, including the School Board, juvenile courts, State Attorney’s Office, almost every law enforcement agency in the County, the Department of Juvenile Justice, and the new department of Children and Family Services. He stated they are trying to coordinate the services that are being provided to the youth of the community, particularly the small percentage of serious habitual offenders; they have been developing this program for over two years; and officers need to be put on the street who are well versed in juvenile procedures, who understand the program, and who can target these youth and try to keep them in line.

Commissioner Cook inquired would the coordinator’s duties be Countywide; with Mr. Sarver responding affirmatively.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve matching funding for hiring and retention of one Deputy Sheriff under the COPS Universal Hiring Program to serve as Brevard Coordinator of the Florida Statewide Serious Habitual Offender Comprehensive Action Program (SHOCAP) at $56,243 from Brevard County General Fund during Fiscal Years 1997, 1998 and 1999. Motion carried and ordered unanimously.

RESOLUTIONS, RE: AUTHORIZING SUBMITTAL OF FLORIDA DEPARTMENT OF
TRANSPORTATION GRANT APPLICATION BY MIRA, AND INDICATING
WILLINGNESS TO ENTER INTO MEMORANDUM OF AGREEMENT TO
MAINTAIN LANDSCAPING ON SR 520

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolutions approving the submittal of an FDOT Beautification Grant Application and indicating willingness to enter into a Memorandum of Agreement with FDOT to maintain landscaping. Motion carried and ordered unanimously. (See pages for Resolutions Nos. 97-16 and 97-17.)

AGREEMENT AND TASK ORDER WITH BRIEL, RHAME, POYNTER & HOUSER, AND
AGREEMENT WITH OUTDOOR RESORTS AT MELBOURNE BEACH, INC., RE:
JOINT SOUTH BEACHES STORMWATER RETROFIT PROJECT ONE

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to table consideration of Agreement and Task Order with Briel, Rhame, Poynter & Houser and Agreement with Outdoor Resorts at Melbourne Beach, Inc. for Joint South Beaches Stormwater Retrofit Project One for thirty days. Motion carried and ordered unanimously.

The meeting recessed at 11:34 a.m.

The meeting reconvened at 11:45 a.m.

PERSONAL APPEARANCE OF SUSAN CANADA, RE: POLICY AND PRACTICES OF
SPCA

Susan Canada stated there are dissatisfied citizens in Titusville; they started out believing the Society for the Prevention of Cruelty to Animals (SPCA) was a humane caring group that cared about each animal; they understood that due to overpopulation or the health of animals, many would need to be euthanized; and she has sent in reports of specific incidents that have occurred. She summarized various incidents which occurred regarding the SPCA to the Board; and gave a video presentation to the Board. Ms. Canada stated the County needs to re-examine its relationship with the SPCA and a complete financial statement should be turned in from the SPCA as it is from the Central Brevard Humane Society.

Kami Tindle read a letter from Shannon Burdett, Ms. Canada’s daughter, advising of a puppy she found and her bad experience with the SPCA.

Sherrie Wanda, representing the SPCA, advised the Board on what happened with the adult male pit bull that was brought in. She noted the SPCA of North Brevard’s mission is to care for lost, unwanted and relinquished animals; she is very proud of the shelter; they care for all animals with compassion and respect, placing healthy, sociable animals for adoption; and in response to Ms. Canada’s claim that the SPCA unfairly euthanized an adult male pit bull, this is not true. She stated the SPCA felt it was not in the best interest of the animal or any potential adopter to offer this animal for adoption; the SPCA is being unfairly portrayed as uncaring toward the plight of animals; and it works tirelessly to maintain a high standard of quality adoptions in the community and will continue to do so.

Discussion ensued on complaints, euthanization, adoption of pit bulls, proper treatment of animals, early age spay/neuter policy, financial statements, stray animals, special breeds, posting of policies of the SPCA, activities of the SPCA under Contract with the County, adoption programs, SPCA bylaws, and policy changes.

The Board directed staff to provide additional information delineating which activities are included in the SPCA Contract with the County.

PERSONAL APPEARANCE OF BEA POLK AND IDA BLICKLEY, RE: NORTH BREVARD
HOSPITAL

Bea Polk stated the election procedures for the North Brevard Hospital Board need to be changed; a year ago, all the people who wanted to be appointed to said Board came before the County Commission; it is time for the Commission to give the people of North Brevard a chance; and all five County Commissioners should be involved in appointments to the Hospital Board.

Ida Blickley stated the County Commission should be involved in the interview process of those individuals who wish to be on the Hospital Board; it is a County Hospital and always will be; and one County Commissioner should not be responsible for recommending names to the County Commission without any discussion, as millions of dollars are involved. She requested the Commission be involved in the same way it was when Dr. Manning and J. J. Parrish were appointed to the Hospital Board.

Nelly Strickland advised of a letter she sent to Senator Bronson regarding the North Brevard Hospital; stated in order to have a good hospital, there should be a good hospital board; there are people who would serve well on the Hospital Board, but do not meet Rod Baker’s approval; and requested the County Commission do the appointing of those individuals it feels are best qualified, rather than those who are politically correct.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct that the next appointments to the North Brevard Hospital Board be handled in the same manner as recent appointments with individuals wishing to serve submitting applications and resumes and being available for Board questions; and direct the County Manager to prepare a letter for the Chairman’s signature advising State Representative Randy Ball of the Board’s action. Motion carried and ordered unanimously.

REQUEST FOR WAIVERS, RE: ST. JOHNS RIVER CELEBRATION

Motion by Commissioner Cook, seconded by Commissioner Higgs, to waive the fees for the use of F. Burton Smith Park and landfill fees for the St. Johns River Celebration which will take place on March 22, 1997 from 11:00 a.m. to 5:00 p.m. Motion carried and ordered unanimously.

AUTHORIZE PORT ST. JOHN DEPENDENT SPECIAL DISTRICT ADVISORY BOARD TO
MAKE RECOMMENDATIONS, RE: PARK DEVELOPMENT WITHIN THE DISTRICT

Frank Costello, Robert Bledsoe, Maureen Rupe, William Ainsworth, and Randy Rodriquez, expressed their support to authorize the Port St. John Dependent Special District Advisory Board to make recommendations on park development within the District.

Discussion ensued on the Interlocal Agreement with the City of Titusville, the North Brevard Parks and Recreation Commission, progress of the parks, Municipal Service Taxing Unit (MSTU) committees, speed humps, incorporated cities, recommendations from committees, and the Sunshine Law.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve that all speed humps be referred to the Port St. John Dependent Special District Advisory Board.

Chairman O’Brien stated he cannot support the motion; when cities are incorporated and they come before the Board, they become an advisory board; but usually they take care of all their own problems internally; and Port St. John is not the official government. He noted he does not want to start relieving the Board of the real responsibility it has to a board of advisors elected who want to be local government when they are not the local government; and if they want to be a government, they need to incorporate and become their own city.

Commissioner Higgs stated she would like some advice from someone regarding speed humps; and this is a perfect issue for the County to receive input from the citizens who live on those streets.

Commissioner Voltz stated she concurs with Chairman O’Brien’s comments; it has a snowball effect; and she cannot support the motion.

Commissioner Cook stated he is concerned about the added expense of having additional staff members attend Port St. John meetings and then Board meetings.

Chairman O’Brien 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 Scarborough, to authorize the Port St. John Dependent Special District Advisory Board to make recommendations on park development within the District. Motion died for lack of a second.

The Board took no action to authorize the Port St. John Dependent Special District Advisory Board to provide recommendations about park development within Port St. John.

AUTHORIZE PORT ST. JOHN DEPENDENT SPECIAL DISTRICT ADVISORY BOARD
TO REVIEW ISSUES, RE: TRAFFIC SAFETY WITHIN THE DISTRICT

The Board took no action to authorize the Port St. John Dependent Special District Advisory Board
to review issues relating to traffic safety within Port St. John.

The meeting recessed at 1:15 p.m.

The meeting reconvened at 2:21 p.m.

DISCUSSION, RE: SPEED HUMP REQUEST FOR CALAIS AVENUE

Motion by Commissioner Voltz, seconded by Commissioner Cook, to deny the request for installation of speed humps on Calais Avenue in Port St. John. Motion carried and ordered unanimously.

APPROVAL, RE: LAYER AND UNDERWRITING GUIDELINES FOR HOME CONSORTIUM
MULTI-UNIT PROJECTS AND SHIP PROGRAM PROJECTS

Housing and Human Services Director Bernice Jackson gave an overview regarding the guidelines for HOME Consortium Multi-unit Projects and SHIP Program Projects.

Commissioner Cook stated the documentation indicates the HOME Consortium should establish specific standards for reasonable rates of return on the invested equity based on the project; and inquired are those standards in place.

Elizabeth Swanke, Housing and Human Services Department, advised the documents attached are an attempt to establish what the rates of return are for particular projects.

Chairman O’Brien noted there is not a definition of the word “excessive.”

Discussion ensued on Community Development Block Grant (CDBG) funds, bidding on projects, definition of “excessive”, grants, tax abatements, low interest loans, government subsidy, Affordable Housing Council, multi-family projects, single-family home ownership, non-profit status, development fees, first-time homebuyers, owners and tenants, rehabilitation of units, and Housing and Urban Development (HUD).

Commissioner Cook requested a report on the policies focusing on first-time and single family home buyers.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve Layering and Underwriting Guidelines for HOME Consortium Multi-unit Projects and SHIP Program Projects; and direct the Housing and Human Services Director to request the Affordable Housing Council recommend a definition of “excessive gains or profits” for multi-unit projects and bring it back to the Board. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE AND APPOINTMENT OF REVIEW COMMITTEE, RE:
AVAILABILITY OF HOME INVESTMENT PARTNERSHIP PROGRAM AND SHIP
GRANT FUNDS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant permission to advertise the availability of HOME Investment Partnership Program funds for single-family projects submitted by qualified Community Housing Development Organizations, and State Housing Initiatives Partnership Program funds set aside for a sponsored single-family home buyer program, using the project ranking criteria developed by the Affordable Housing Council; and appoint the Council to review and rank the submitted projects and make funding recommendations to the Board. Motion carried and ordered unanimously.

STIPULATED SETTLEMENT, RE: KATE PALLATT-MOYERS V. BREVARD COUNTY

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve Stipulated Settlement of Kate Pallatt-Moyers v. Brevard County at $33,000. Motion carried and ordered unanimously.

PERMISSION TO PREPARE AND ADVERTISE PUBLIC HEARING, RE: ORDINANCE
REQUIRING BUILDING PERMIT FOR SEAWALLS ON MANMADE BODIES OF WATER

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve development of a draft ordinance establishing the requirement of a building permit for seawalls on man-made bodies of water and submittal of drawings as per construction standards for seawalls not exceeding five feet in height. Motion carried and ordered unanimously.

APPROVAL OF EXPENDITURE, RE: CRANE CREEK DREDGING PROJECT

Commissioner Voltz requested staff provide additional information on the item.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to table consideration of expenditure for the Crane Creek Dredging Project to February 11, 1997. Motion carried and ordered unanimously.

PUBLIC COMMENT

Nelly Strickland stated what the Board does in its meetings makes an impact as such meetings are televised; and it needs to consider the well-being of the taxpayers who elected the Commissioners. She expressed her opposition to the reserved parking spaces for Commissioners, Congressman David Weldon, and the flag officer; and stated it is a selfish move. She inquired if it is necessary to have the excessive amount of handicapped parking spaces in the Government Center parking lot.
Chairman O’Brien stated the Board sometimes has meetings which last late in the evening; he has a severe injury to his leg; and for his personal safety, he desires to have his vehicle close by.

WARRANT LISTS

January 23, 1997 401445 - 402943 05 Suntrust of Titusville, N.A.

Upon motion and vote, the meeting adjourned at 3:15 p.m.

ATTEST: __________________________________
RANDY O’BRIEN, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
________________________
SANDY CRAWFORD, CLERK

(S E A L)