The Board of County Commissioners of Brevard County, Florida, met in regular session on July 28, 1998, at 9:07 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, 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 Nancy Higgs.

Commissioner Randy O?Brien led the assembly in the Pledge of Allegiance.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to approve the Minutes of the May 28 and June 26, 1998 Special Meetings and July 2, 1998 Emergency Meeting. Motion carried and ordered unanimously.

County Manager Tom Jenkins requested Item III.D.2 be moved from the Consent Agenda to New Business. He stated there is a public hearing on one aspect of the item; there may be questions; and the Board will not want to approve III.D.2 until after the public hearing.

Chairman Voltz inquired about Item III.D.3 which is under a similar situation; with Mr. Jenkins responding he knows of no questions on the Shell Wood Drive MSBU.

Commissioner Scarborough stated there is ongoing discussion concerning the East Central Florida Regional Planning Council; there is an article this morning in the Orlando Sentinel concerning what is going on in Orange County; and there is a meeting this morning. He stated he and Commissioner Cook will be called on to participate in a Blue Ribbon Committee; and he prefers to present the Board?s posture rather than his personal views. He noted it is in the budget; money has already been allocated for this year, but for next fiscal year, the money for the East Central Florida Regional Planning Council was eliminated. He requested Mel Scott bring the Board up to date.

Planning Manager Mel Scott stated Orange County was on a course of criticism concerning the East Central Florida Regional Planning Council similar to that of Brevard County; however, the victory Orange County enjoyed with the lawsuit enabled many of the Commissioners to feel vindicated.

Mr. Scott noted he sent a copy of the proposal from the Blue Ribbon Committee to the Board on what it wants the East Central Florida Regional Planning Council to become; with the proposal coupled with the lawsuit victory, some Commissioners are willing to reconsider; and it is anticipated they will decide to refund last year?s dues which will enable the East Central Florida Regional Planning Council to remain long enough to get the proposal through. He noted with the current city and gubernatorial appointee composition of the Regional Planning Council, the proposal may not go through.

Commissioner Scarborough stated the East Central Florida Regional Planning Council was approximately two weeks from having to close its doors, and used money received from DCA for projects to meet salaries; and not only would the Planning Council have had to close, but it would have to explain to DCA what they did with the money that should not have been expended in this manner; so Orange County was definitely in the driver?s seat. He stated if the composition of the East Central Florida Regional Planning Council is reduced by one-half, the smaller cities will be hurt the most; the League of Cities has representatives, but the cities will not participate; and the gubernatorial appointees will have to represent particular interests. He stated he talked to Greg Golgowski about the Port, the Space Center, Disney, and an international airport to bring people in to do massive planning instead of just friends of the political system; he finds these things attractive; and suggested putting them on the Agenda for the next meeting to see what the Board wants to do in relationship to the Orange County Report. He stated if Orange County is headed where Brevard County wants to go, he and Commissioner Cook can respond in the meetings, but if things are a little off, Chairman Voltz can touch base with Orange County to share the Board?s thoughts, so both counties work in conjunction with each other. He stated if he and Commissioner Cook just talk in the group, their comments will be lost.

Commissioner Cook stated it is important to find out what the Orange County Commission does as a whole; this will be on their Agenda; and the Board will be in a better position to see if a majority of the Orange County Commission endorses the concept. He agreed it should be brought forth as an agendaed item. Chairman Voltz stated it is something the Board needs to discuss.

Commissioner Higgs inquired if there has been any discussion by staff or Orange County regarding the budget for next year for the East Central Florida Regional Planning Council and staffing to do the described mission. Mr. Scott stated Orange County represented Thursday that it was only willing to pay last year?s outstanding dues; and it would be clear to the East Central Florida Regional Planning Council that next year?s dues would be contingent upon the proposal going through. Commissioner Higgs stated there is no discussion yet about what the dues would be; and she would find it unacceptable to look forward to a different kind of council, but with the same dues and staffing. She stated the mission that was found in the Orange County information has value, but does not have $200,000 worth of value to Brevard County; and she might support a mission and a 50% cut in the financial commitment. Chairman Voltz stated at the June 5, 1998 meeting, she brought that up; if the East Central Florida Regional Planning Council is going to be reduced to the level which was proposed by Orange County, the dues would have to be cut; everyone in the group agreed; and that was not brought forth at the end of the meeting. Commissioner Higgs stated that is the level of financial commitment she would start at, and nothing above that; and if the staff cannot come up with a proposal to achieve the mission that is being described under that kind of budgetary levels,

then there is no reason to proceed. Commissioner Cook concurred; and stated it needs to come back to the Board after it goes to the Orange County Commission so the Board knows there is a firm commitment. Chairman Voltz stated the Orange County Commission is meeting today; with Commissioner Scarborough advising the Orange County Commission is making some commitments, but it may be a two-step process. He stated he and Commissioner Cook will refrain from becoming personally involved until the Board has voiced a position.

Commissioner Higgs requested Item III.A.5 be moved from the Consent Agenda to New Business.

Chairman Voltz stated she was appointed the At-large Director to the Florida Association of Counties Board of Directors; there is a calendar of meetings she will need to attend; and requested permission to travel to those meetings.

Commissioner Higgs inquired if they are all in-State meetings; with Chairman Voltz responding no, there are meetings in Washington, D.C. and St. Louis, Missouri next year.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve travel for Chairman Helen Voltz to attend FAC/FCF meetings on October 2, 1998 in Orange County, November 18-20, 1998 in Leon County, March 24, 1999 in Leon County, June 23-25, 1999 in Orange County; and travel to National Association of Counties meetings on February 25-March 4, 1999 in Washington, D.C. and July 16-21, 1999 in St. Louis, Missouri.

Chairman Voltz stated it is important for Brevard County to have someone involved in making decisions in Tallahassee. Commissioner Higgs stated it is wonderful that Chairman Voltz is involved, and she supports the in-State travel; however, she will not support the out-of-State travel other than one. Commissioner Cook inquired when is the out-of-State travel; with Chairman Voltz responding next July.

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

Chairman Voltz stated a number of issues were not addressed in the State Audit of the Florida State Courts System; and requested a report. County Attorney Scott Knox advised if there is a response, such response would come from the Supreme Court.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Escrow Agreement with American Dream Homes of Brevard, Inc. for improvements in Island South Subdivision. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant final plat approval for Intracoastal Estates Subdivision, subject to minor changes if necessary, and receipt of all documents required for recording and developer responsible for obtaining all necessary permits. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant final engineering approval for Waterside Subdivision, subject to minor engineering changes as applicable and the developer responsible for obtaining all necessary permits. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant final engineering approval for River Oaks Estates Subdivision, subject to minor engineering changes as applicable and developer responsible for obtaining all necessary permits. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Contract Modification #2 with Ranger Construction Industries, Inc. reducing the contract amount by $10,000 and time by 60 days for the Dairy Road South Widening Project. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve amended Policies BCC-44, Public Meetings at the Government Center; BCC-47, Public Use of Meeting Rooms at the Government Center; Policy-54, Smoking in Public Buildings; and Policy-67, Zero Tolerance of Work Place Violence; and rescind Policy BCC-3 which was replaced by BCC-59, Solicitation, APPROVAL, RE: AMENDED POLICIES BCC-44, 47, 54, AND 67, AND RESCIND POLICY BCC-3

Picketing, Petitioning on County Property. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Agreement with City of Titusville for financial participation in the amount of $15,000 towards purchase and installation of a playground at Isaac Campbell, Sr. Park. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Grant Agreement with Florida Department of State, Division of Historical Resources in the amount of $787 for historical marker at Harry T. and Harriette V. Moore Homesite. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant permission to advertise request for proposal, accept lowest qualified proposer, and authorize negotiation of proposal from qualified firms for marketing and advertising services for Space Coast Area Transit; and appoint a Selection Committee consisting of the Transit Services Director or designee, SCAT Accountant, Tourism Director or designee, Management Services Director, and Parks and Recreation Support Services Director or designee. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to confirm the appointment of James Liesenfelt as the Transit Services Director. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to award Bid #B-3-8-80, Shell Wood Drive Waterline MSBU Project, to Santa Cruz Construction in the amount of $76,948.21; and execute Contract with Santa Cruz Construction for the project. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant permission to advertise public hearing on August 25, 1998 to consider renewal of non-exclusive cable communications systems and services franchise for Time Warner Entertainment-Advance Newhouse Partnership d/b/a Time Warner Communications (TWC) for a term of ten years beginning October 1, 1998. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to grant permission to advertise a public hearing on August 18, 1998 to consider amending Chapter 30 of the Brevard County Code, Brevard County Cable Communications, to incorporate federal law. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute Modification #1 to Contractual Services Agreement with Department of Community Affairs for local mitigation strategy to extend the due date for the first quarter deliverables from June 30, 1998 to October 31, 1998. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to accept donation of equipment from Florida Department of Law Enforcement for one Automated Fingerprinting Identification System Livescan Station to enhance the prisoner booking capabilities of the Brevard County Sheriff?s Office. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to execute the Deputy Sheriffs Blanket Bond with Western Surety Company through Hunt Insurance. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to acknowledge the audit of the Florida State Courts System by the Florida Office of the Auditor General for the period from July 1, 1996 through June 30, 1997 and selected actions taken through April 23, 1998, pursuant to Section 11.45 (8), Florida Statutes. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve Bills and Budget Changes as submitted. Motion carried and ordered unanimously.

Ron Hight, Merritt Island Wildlife Refuge, stated he has been before the Board for the last eight years to deliver a revenue sharing check; but next year the check will be electronically transferred.

Commissioner O?Brien inquired if this year?s check is bigger than last year?s; with Mr. Hight responding the check is 6% less than last year, due to a smaller appropriation from Congress. Mr. Hight; stated the check is for $49,584; and the money can be spent as the County sees fit. Commissioner O?Brien inquired if the check is less, does that mean there is less land. Mr. Hight responded no, it is based on what Congress has seen fit to appropriate; all the revenues generated in the County go into the account; and the account has not kept up with the values of the land. He stated the land is reappraised every five years; and it is based on three-quarters of one percent of the appraised value of the land. Commissioner O?Brien inquired if the value went down; with Mr. Hight responding no, but Congress is the entity that needs to rectify this. Commissioner O?Brien stated last year U.S. Fish and Wildlife Service sent down eight patrolmen and boats to patrol the Banana and Indian Rivers to help save the manatee; it is an important program to Brevard County which has not been done this summer; and inquired when it will be done. Mr. Hight responded they have accomplished one this summer; the intent is to come at a peak time; and several were accomplished last year. He advised of the inability to implement the program during the fires; and stated the intent is to continue with the patrols. Commissioner O?Brien stated last year there were patrols every weekend for six or eight weeks; and the County would like to see that again. Mr. Hight stated Brevard County leads the State in boat collisions with manatees, but there are other priorities;

and they have not walked away from Brevard County. Commissioner Cook stated there are 73 miles

of shoreline; and that is a disturbing statistic. Mr. Hight stated manatee protection is still a priority, and agents will be back on the water.

Commissioner Scarborough expressed appreciation to Mr. Hight for working with the County. Mr. Hight stated they are looking for new avenues to work with the County; and they are working South Brevard as well. He stated the refuges belong to the people; and they want to do what is right for the resource and the public users. He presented the check to Chairman Voltz.

Chairman Voltz called for the public hearing to consider a resolution vacating public utility easements in Barefoot Bay, Unit 1 as petitioned by Barefoot Bay Realty.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt resolution vacating public utility easements in Barefoot Bay, Unit 1 as petitioned by Barefoot Bay Realty. Motion carried and ordered unanimously.

Chairman Voltz called for the public hearing to consider a resolution confirming preliminary assessment roll for Shell Wood Drive Water MSBU.

Commissioner Cook inquired if this came in less than the proposed assessment; with Finance Manager Jim Helmer responding it is an increase of $13 per person. Commissioner Cook inquired were the homeowners notified of the change; with Mr. Helmer responding no, if the difference is over 15% of the original surveyed cost, the residents are re-surveyed. Commissioner Cook recommended another survey informing the residents if the cost has increased. Chairman Voltz advised of the need to set guidelines; and stated she does not think $13 will make much difference, but 15% is too much. Commissioner Cook stated the Board needs to set a policy on some percentage lower than 15%. Mr. Helmer advised staff can come back with a revision to the Ordinance.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt resolution confirming Preliminary Assessment roll for Shell Wood Drive Water MSBU. Motion carried and ordered unanimously.

Chairman Voltz called for the public hearing to consider a resolution confirming preliminary assessment roll for Sellers Land Water MSBU.

Commissioner Cook advised he is inclined to ask for a new survey as it is an increase of $630.

J. R. Markham stated the original estimate from the City of Cocoa was for $7,000 for the total project; it is now up to $21,521; and requested an explanation of the increase.

Finance Manager Jim Helmer advised the City of Cocoa?s estimate did not include the laterals, piping from the waterline to the meter, or charges relevant to the MSBU program; the City of Cocoa has a substantial waiting list for these sorts of projects; and it was suggested that the Sellers Lane homeowners would prefer to have the waterline more quickly. He stated the City can do the waterline in six to twelve months; and outlined the savings if the homeowners wish to wait. He suggested continuing the public hearing to allow the homeowners to make a decision. He reiterated the City did not include laterals in its original estimate; but a new estimate has been provided which does include the laterals and saves approximately $1,000 per lot.

Mr. Markham stated two of his neighbors are present, but two are not. Mr. Helmer advised if the Board continues the public hearing, staff can go back to all five homeowners for input.

Commissioner Cook suggested continuing the public hearing one week to allow the homeowners to consider the option to save money.

Art Griffin advised of concerns about the increase in cost, and previous surveys; stated they expected the price to come down with the removal of fire protection, but it went up significantly; and requested an explanation of the cost. He stated the homeowners are interested in the project, and will consider the options.

Motion by Commissioner Cook, to continue public hearing to consider resolution confirming preliminary assessment roll for Sellers Lane Water MSBU to the August 4, 1998 meeting.

Commissioner Higgs inquired whether that is sufficient time; with Mr. Helmer responding staff should be able to get back to the homeowners within the next seven days without a problem. Mr. Helmer advised how the fire protection issue was resolved. County Manager Tom Jenkins advised everyone is welcome to look at the bids.

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

Chairman Voltz called for the public hearing to consider determination of vested rights for an automobile paint and body shop in RU-1-7 zoning classification.

Commissioner O?Brien stated he held a meeting with Mr. Randolph and his attorney yesterday to discuss the issue.

Attorney Mike Minot, representing Freddie Randolph, stated Mr. Randolph was cited with a Code violation for performing a commercial activity in a residential zone; he had many options; and one was to apply for the vested rights determination. He stated Commissioner O?Brien suggested conditions be placed so that this would not perpetuate forever; it could be a vested right that goes with Mr. Randolph for as long as he owns the property or until he discontinues the use; and that would not cause an undue hardship on Mr. Randolph who has relied on County involvement.

Commissioner O?Brien stated it is a good solution to a difficult problem; Mr. Randolph has been there for 20 years; the neighborhood has incorporated Mr. Randolph?s business into its own character; and the people in the audience are here to request Mr. Randolph?s business be left alone. He stated it is unfortunate that Mr. Randolph?s business is incompatible; but the problem started before zoning. He suggested if Mr. Randolph dies, retires or sells the property, then it would revert to residential and the business could not continue.

Commissioner Cook inquired if anyone present objects to the solution; and no response was heard.

Commissioner Higgs inquired if there are any abilities assumed in the agreement that Mr. Randolph would expand beyond what is currently in place. Commissioner O?Brien stated it can be included in the motion that the business cannot be expanded. Mr. Minot advised no more building permits would be issued for expansion of the premises.

Chairman Voltz stated she visited the neighborhood, and could not tell there was a business there. Commissioner O?Brien advised of the improvement of the neighborhood.

There being no further comments or objections, motion was made by Commissioner O?Brien, seconded by Commissioner Cook, to approve vested rights determination for Freddie L. Randolph to allow the continued operation of an automobile paint and body shop within RU-1-7 zoning classification, with stipulation of no more building permits being issued for further expansion of the premises, and if Mr. Randolph retires, sells the property, passes away, or discontinues the use for 30 days or more, such property would revert back to residential and the business cannot continue on the property. Motion carried and ordered unanimously.

Frank Bradley, representing Happy Landings Home Resurrection Ranch, described the programs at Resurrection Ranch; advised of problems with the Application; and requested reallocation of available funds for the program.

John Lloyd, representing Happy Landings Home Resurrection Ranch, described the vocational training program in fish farming, the success of the fish farming industry, and the advantages of vocational training and family businesses. He requested the Board reconsider appropriating funds for a vocational facility at Resurrection Ranch.

Leartis Brothers, representing WLC Homeowners Association, spoke in favor of funding for Project Star.

Commissioner Cook advised $60,000 was allocated to Project Star; and inquired if the desire is to keep the funding; with Ms. Brothers responding affirmatively.

Clarence Rowe expressed concern about Joe Lee Smith Center being turned down for funds because the County believes it to be an obligation for the City of Cocoa; and advised of coordination between the City of Cocoa CDBG, the County CDBG, and the Parks and Recreation Department to bring Joe Lee Smith Center up to par. He advised of the needs of the Joe Lee Smith Center, the impact of the Welfare Reform Act, benefit of vocational training, and the lack of public transportation. He stated the proposal is for $50,000 for engineering and drawings; and requested the Board consider other funds as well as CDBG funds.

Joe Steckler, representing the Alzheimers Association, commented on the lack of public transportation; and advised of various cases he has encountered. He stated he questions the CDBG process; several programs have been funded for multiple years; and no new programs were funded this year out of the 23 submitted. He advised of the demographics of Brevard County; and recommended a partnership to help the elderly.

Commissioner Cook stated the Alzheimers facility is important to the community; the County donated the land and fill for the facility as well as making a loan to match a grant; and the Board is happy to support Mr. Steckler. He inquired if the intent of the CDBG funds is for new programs. Housing and Human Services Director Bernice Jackson responded there is an element under CDBG to speak to new programs; however, the program is guided by the 1995 Consolidated Plan; and the priorities that were set from 1995 to 2000 are the ones to be funded first.

Commissioner Higgs inquired if it would be possible within the guidelines and law of CDBG to continue ongoing funding for particular programs instead of using the money as a leverage for start up. Ms. Jackson stated they can do ongoing funding; it is tied to the 1995 Consolidated Plan and list of priorities which were set by the community; but it does not say that start up programs could not be funded. She noted those would be low priority as far as the submission that went to HUD for the five-year plan.

Chairman Voltz advised the County is in the process of doing another five-year plan, and will go through the same steps to set priorities.

Commissioner O?Brien stated Mr. Rowe came to see him yesterday; and questions are being raised about the global outlook of the CDBG program. He recommended tabling the item for one week; and stated the Board needs to hear the other arguments that may come forward in a call for change in the way CDBG is being handled.

Chairman Voltz stated that should be looked at in the context of the next five-year plan. Commissioner O?Brien stated one week will not hurt. Commissioner Higgs inquired if the issue is the recommended allocations or the process. Commissioner O?Brien stated they are two separate issues; in the next week he wants to learn more about the process; and if there is a way the allocations should be changed, he wants to hear about it.

Commissioner Cook inquired about the process; with Bob Lambert outlining the RFP, CDBG and appeal processes. Mr. Lambert advised there is not enough money, and it was only possible to fund 30% of the requests. Commissioner Cook stated it may be necessary to look at the five-year plan or the makeup of the board; and he hesitates to change the funding allocations, but would like to see if any funds are available for Resurrection Ranch. Chairman Voltz emphasized the importance of assisting programs in becoming self sufficient. Commissioner Higgs stated she supports having more time to discuss the issue, and is willing to look at the five-year plan, the method, and the committee structure; but she is not sure how she will vote on the allocations.

Commissioner O?Brien stated the main complaint was that it is the same people getting funding every year; there may be a good reason for that; but the Board should get information and look into the five-year plan to make viable changes for the community.

Commissioner Cook stated if any changes are to be made, they should be sent back to the CDBG Citizen Advisory Board for review.

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to table consideration of Consolidated Action Plan for FY 1998-99 CDBG and HOME Program funds to August 4, 1998.

Chairman Voltz stated when the next five-year plan is developed, all the Commissioners will be briefed and there will be public hearings; with Mr. Lambert advising that is correct. Commissioner Higgs stated each year the Board will look at the allocations, but the priorities will be set in the five-year plan; and a five-year plan will not set how the money will be spent. Mr. Lambert stated the Consolidated Plan is a five-year plan that includes surveys of the County to set priorities for the needs; the Plan comes back to the Board; the ongoing requirement is that each year there is an action plan required to include each year?s funding; and part of the action plan is derived from meetings in the communities to re-evaluate the priorities.

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

Commissioner O?Brien emphasized the importance of the network.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to authorize staff to negotiate with BellSouth and other interested vendors for upgrading the current integrated County Network (ICN) to a dedicated Synchronous Optical Network (SONET) fiber optic transmission system with equipment nodes in a self-healing ring architecture. Motion carried and ordered unanimously.

Lawrence Walters, representing the Board Room, Paradise Men?s Club, and Caesar?s Executive Men?s Club, requested the Board review and eliminate one of the provisions which has resulted in Code Enforcement proceedings against the leisure spas. He read aloud a section of Brevard County Code providing that it shall be unlawful for a leisure spa employee, owner, or independent contractor to perform leisure spa services on a patron of the opposite sex; stated the Ordinance was adopted in 1989 as part of a comprehensive Adult Entertainment Ordinance; and the three businesses he represents were all in operation prior to the adoption of the Ordinance. He noted the businesses have operated for over ten years without a complaint; but recently Code Enforcement cited all three establishments for violating the mixed gender prohibition. He stated that requirement would prohibit all of the employees, who are all female, from having any contact with any male; and that would drive all three businesses out of business. He stated he researched the legality of the relevant portion of the Ordinance; there have been a number of cases in federal court, where the court threw out the mixed gender prohibitions; and the finding is that such a provision discriminates against women if it forces the employers to classify by gender. He stated he requested Code Enforcement hold off on any further proceedings so he would have an opportunity to address the Board about reviewing and possibly amending the Ordinance. He stated the law is outdated; there is no other provision in the Brevard County Code that classifies employees based on gender; and there have been a number of cases which found that mixed gender prohibitions violate Title 7, are discriminatory, and violate equal protection. He advised of various cases; stated there are also cases going the other way as well, so it is not a clearly settled issue of law; and advised there could be substantial liability on the part of the County if the provision is going to continue to be enforced. He advised of exchange of research with Code Enforcement; and requested the Board review the matter. He stated Florida has a unique right to privacy in its State Constitution which would also be violated by the mixed gender prohibition; he does not imagine this is the type of fight the County wants to take on; the Ordinance has not been enforced until recently; and he does not know if there was focus on this provision when the Ordinance was adopted. He requested the Board go back to the original drafter of the Ordinance, Michael Kahn, to see if this is the desired provision in light of recent case law, and get a recommendation.

Commissioner Cook stated Mr. Kahn drafted the Ordinance; it generated a lot of interest; and it was a very strong Ordinance.

Mr. Walters agreed it is a strong Ordinance; stated it has all the prohibitions to prevent any illicit contact or conduct; there is no need for a mixed gender prohibition; and it cannot be presumed that because members of the opposite sex are interacting there will be illicit conduct, or that members of the same sex will not be engaged in illicit conduct. He requested further Code Enforcement Board proceedings be halted until the Board has the opportunity for input on this issue.

Jack Ratterman stated the businesses are in Code violation, and have been for over a year; they have been cited twice for Code violation on hours of operation by the Sheriff?s Department; and presented a copy of a letter from Assistant County Attorney Christine Lepore to Special Assistant Chuck Maxwell. He stated two former employees have sued the Board Room and its owner for civil damages claiming coerced prostitution, battery, false imprisonment, invasion of privacy, and intentional infliction of emotional distress; and one of the plaintiffs settled her claim in September, but the other is an active case. He stated Mr. Walters claims concern about discrimination against women; but the Board Room does not admit women for body rubs. He stated the employees are not licensed masseuses; they give body rubs, not massages; and an individual can get a body rub that costs $500 for one hour. He stated the Code should be strengthened and there should be a deadline; they were cited six months ago; no one has done anything for six months; the businesses are still open; and recommended the Board proceed and file an injunction to close them.

Chairman Voltz stated she received multiple phone calls concerning illicit activity going on in the establishments; and her office is in the process of checking with law enforcement. She stated she supports the Ordinance.

Commissioner Cook stated he supports the Ordinance, but does not want to be sued and lose in court; and inquired if it would be useful to consult the original drafter of the Ordinance to strengthen the County?s legal position. County Attorney Scott Knox stated he will be happy to call Mr. Kahn. Commissioner Scarborough stated it is up to the County Attorney to seek the advice of whomever he pleases; and he trusts the County Attorney to protect the Board. Commissioner Cook stated that was his intent.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to acknowledge the presentation of Lawrence G. Walters; and direct the County Attorney to research the issue of leisure spas and mixed gender prohibitions, and advise the Board of its legal position. Motion carried and ordered unanimously.

Commissioner Higgs stated Mr. Walters inquired about a time period; with Mr. Knox responding 30 days. Mr. Walters stated he requested Code Enforcement proceedings be held in abeyance pending the research and re-evaluation of the Ordinance. Commissioner O?Brien and Chairman Voltz advised they cannot support that.

Commissioner Higgs requested additional information on what Code Enforcement has done with regard to the mixed gender prohibition.

The meeting recessed at 10:31 a.m. and reconvened at 10:40 a.m.

Commissioner Higgs stated the item is a settlement between the County and the Brevard County Republican Executive Committee; the question was about the non-partisan provisions in the Charter; and the settlement allows the Republican Executive Committee to preserve its right to appeal the final judgment and move forward at any time to continue to litigate. She stated it also provides that elections for the non-partisan offices will be non-partisan on the ballot, but candidates may identify themselves in any way while campaigning. She stated the Charter says, "in the same manner provided by General Law for non-partisan judicial elections"; the Charter requires that the elections on the County level be non-partisan on the ballot and in the way in which the campaigning takes place; and she cannot agree to the item before the Board.

Commissioner Cook stated he went to many of the Charter Commission meetings as a citizen; the intent was for ballot elections to be in the style of judicial elections as far as the timing of the election; and he never conceived that it would prohibit a candidate from expressing anything during a campaign. He stated during political campaigns, candidates have to deal with issues; people ask about party affiliation; and candidates should have the opportunity to divulge that information. He stated the Stipulation is a good one, and resolves an issue which has been pending for some time. Chairman Voltz noted it may also be resolved at the election this year. Commissioner Cook stated it is on the ballot as a Charter change proposal; and the citizens will have a right to vote on this item specifically.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorize the Chairman to execute the Stipulated Final Judgment in Brevard County v. Brevard County Republican Executive Committee.

Commissioner Scarborough stated he is a Republican, but he thought the party was wrong in taking its original positions; and advised of races where one party decided the outcome and the other party was disenfranchised. He stated that is not the intent; Commissioner Higgs has voted with different Commissioners at different times; and at the local level, it is not divided along party lines. He noted most people vote a very mixed ticket.

Commissioner O?Brien stated there are a lot of voters who do not vote along party lines; but sometimes people do not have time to study each candidate, and they vote by party as an indication of personal philosophy of politics. He stated he would want to know if the person he voted for is a Neo-Nazi or Ku Klux Klan member; it is an indication of the person?s philosophy which he or she will bring to the Board; and it is important to have the distinction of partisan elections. He stated the intent of the Charter was not to stop candidates from publicizing their political affiliation, but to open the door so that everyone could vote in the primaries; and that intent was stretched so that he was not allowed to put his party affiliation on his campaign materials or respond to people inquiring about his party affiliation. He stated it is important to be able to educate the public about the candidates.

Chairman Voltz stated it is more than party affiliation; the judges are not allowed to share how they feel on certain issues; and if other candidates had their hands similarly tied, it would be a disservice to the voters. She stated voters want to know how people feel on the issues; and it is vitally important that the candidates? hands not be tied.

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

Commissioner Scarborough advised of the inability of a judge to serve on an advisory board and the differences between judges and commissioners. Commissioner Cook stated the Board sets public policy which is a separate issue.

Commissioner Higgs expressed concern about the format and form in which the request gets to the Board; and stated the Code provides that an applicant who is aggrieved by any decision by the County Development Engineer that the subject parcel does not comply with the criteria may, within 30 days after the date of the decision, apply to the Board for review and consideration of the decision; and in this case the Board is being asked to provide a waiver of the .9-acre requirement. She stated there is no provision in the Code for the Board to provide such waiver; it is only allowed to review a decision by the County Development Engineer; and she cannot support the waiver. She stated she has no decision by the County Development Engineer; she has no ability to review and consider his or her decision; and suggested sending the item back to staff to be put into the correct form to provide the Board with rationale for their decision.

Commissioner O?Brien stated even at one-half acre per parcel, it is still larger than any parcel surrounding the entire area; the area is in change along Merritt Avenue; and he will vote in favor of the waiver because it will improve the area. He stated the area is in transition; some parcels have become commercial; and the whole area is slowly deteriorating because of lack of progress.

Commissioner Cook inquired if the Board has the authority to waive the lot size; with County Attorney Scott Knox responding yes. Commissioner Cook stated he will support the motion to waive; however, the Board needs to look at putting that back into the policy.

Commissioner Higgs inquired under what provision does the Board have the ability to waive; with Mr. Knox responding the review provision has typically been interpreted over the years to allow the Board to waive those provisions in the Unpaved Road Ordinance. Commissioner Higgs stated what the Board is waiving is not provided for in the law; and the Board can review the decisions or the criteria, but there is no provision for waiver. Mr. Knox agreed it does not say that in the Ordinance; however, it has been interpreted that way; and stated the Ordinance could use some tweaking to allow better standards to consider these types of things. Commissioner Higgs stated when the Ordinance was developed, the Board expected that people would comply; but in this case the form of the law has not been consistently applied. She stated this may be a beautiful situation, but it may occur again; and it may be situations in which the County is involved in controversy with property owners with the potential of litigation. She recommended the Board move forward carefully in regard to this circumstance.

Commissioner O?Brien stated as he is not an attorney, he must depend on the advise of the County Attorney. Commissioner Higgs stated she is trying to read the law in a common sense way; and it does not give the Board that power, although attorneys can read all kinds of things into the law.

Enola Helphenstine stated she made an offer on the land on June 22, 1998, and requested to have it changed to three or four lots instead of two as she wants to improve the property. She advised of time constraints; and stated staff has been to the lot; and after that, she had the property drawn into three lots, with the smallest lot .45 acre. She stated the majority of lots in the area are .23 acre to .25 acre; she overheard that Land Development sees no problem with this; and she proceeded to put money into the project. She stated after she had the lots drawn, she was informed she would have to apply for a waiver because of the private road; and if there is information concerning doing it in a timely fashion, she was not told that. She stated staff suggested she confer with her Commissioner; she saw Commissioner O?Brien?s assistant who looked at the lot and saw no problem; and she has to close on August 17, 1998, and cannot wait 60 days for a decision. She advised a day after she put in an offer, the owner filed for bankruptcy so she is also dealing with the bankruptcy court.

Motion by Commissioner O?Brien, seconded by Commissioner Cook, to waive the provisions of the Unpaved Road Ordinance to allow R. E. Thomas, Trustee to construct an unpaved road accessing three parcels, from .445 acre to .534 acre in size, located southwest of the intersection of Plumosa Street and Merritt Avenue in Merritt Island.

Commissioner Higgs reiterated the Board does not have the right to vote for a waiver. Commissioner Cook stated the County Attorney advises the Board has that right. Commissioner Higgs inquired where in the law is the Board granted the right of waiver; with Chairman Voltz responding not everything is absolutely written in the law, and some things are understood. Mr. Knox advised it has been interpreted that way for years.

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

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to direct the County Attorney to clear up the question of the Board?s authority to grant a waiver. Motion carried and ordered unanimously.

Motion by Commissioner O?Brien, seconded by Commissioner Cook, to table award of Quote #Q-3-8-94 and Contract with Luchetti Construction of Melbourne for Sellers Land Waterline MSBU Project to August 4, 1998. Motion carried and ordered unanimously.

Chairman Voltz called for the public hearing to adopt resolution adopting tentative FY 1998-99 ad valorem millages.

Budget Director Kathy Wall stated this meeting is to tentatively set the millages for the County?s property tax levies; and the millages adopted today will be delivered to the Property Appraiser?s Office for inclusion in the Notice to Taxpayers. She stated such Notice will provide the taxpayers with official notice concerning the first public hearing on the FY 1999 budget and the tentative millages; and it will advise of the effect of the tentative millages on their properties. She stated the first public hearing is scheduled for September 8, 1998 at 5:30 p.m.; the FY 1999 budget contains a zero percent increase from the 1998 aggregate rollback millage; and the aggregate rollback millage as it appears in Attachment A is 6.6751 mills.

Commissioner Scarborough stated there are unresolved issues, including the EDC funding, and the Sheriff?s funding; and inquired to what extent can the Board define the effects on certain programs such as the DARE Program. He advised after the Board sets a millage today, it can always go down, but can never go up; he knows it is not popular to set a higher millage; but if the Board does not set the millage high enough, it will limit any further dialogue on anything that may be necessary. He recommended the Board be conservative and keep a little extra; stated he does not know if there should be an extra $50,000 for East Central Florida Regional Planning Council; and the Board is not talking about massive numbers, but the latitude of the Board to realistically deal with things that have not been fully resolved.

Commissioner Higgs recommended the Board set a General Fund preliminary millage at 4.2795 mills which would allow the Board to advertise a tax decrease in every District except District 1; and stated it would preserve the options going into the rest of the budget process. She noted the Board does not approve the budget until mid-September; and it needs to look at various needs including those of Public Safety, the Sheriff and EDC. Commissioner Scarborough inquired how many extra dollars would be available above what the proposed millage generates; with Ms. Wall advising staff is calculating that. Commissioner Cook stated the suggestion would require an advertised tax increase. Commissioner Higgs stated what is advertised are the actual millages, and it would reflect a decrease in each District except District 1.

Discussion ensued on Parks and Recreation operations in District 1, ability to continue discussion on Countywide issues, and advertisement of Notice of Proposed Tax Increase.

Commissioner Cook stated he is not prepared to raise taxes; the Sheriff?s budget is being increased $1,500,000; and it is important to set a zero percent increase budget today, and if additional funding becomes available, the Board can look at that. He stated in the three years he has been a Commissioner, the Board has never voted for a tax increase; and it is not necessary now to advertise one. He stated the Sheriff?s budget is his number one priority; but $1,500,000 increase is substantial.

Commissioner O?Brien stated right now the programs needed by Commissioner Scarborough are only $50,000 short; and those funds can be found without a tax increase anywhere in the County. He stated halfway through the year at budget supplement time, the money will be there; but he cannot support a tax increase of any kind.

Commissioner Higgs stated she is not suggesting a tax increase; the millage rate she suggested is below the millage rate for this year; and by setting the millages, the only one that would increase would be District 1 for Parks and Recreation improvements which the voters approved. Senior Budget Analyst Neil Boynton stated the amount generated by a 4.2795 mills in General Fund would be an additional $678,063 or a 0.67 percent increase over rollback.

Commissioner O?Brien stated the problem is solved; and outlined savings that could be realized including elimination of funding for the East Central Florida Regional Planning Council, not reducing Road and Bridge in District 1, charging engineering inspection fees for site plans, transfer of the ownership of the Gibson Complex to the City of Titusville, reallocation of proposed Parks and Recreation fee, the MPO stand-alone program, and partially fund O&M costs for Beach and Riverfront projects. He stated that meets the needs without raising taxes in the County.

Commissioner Scarborough stated the list was provided by Mr. Jenkins to get back to rollback; rollback is below the millage for last year; and expressed concern about not having funding available for the East Central Florida Regional Planning Council. He stated by the time the budget is adopted in mid-September, the Board may know whether it needs the $50,000; and he would like the full $125,000 for the EDC. He explained the importance of increasing tax base rather than reducing millage; stated EDC is critical in making the County tick in the long run; and suggested $225,000 to have a continuing dialogue on where the Board may want to fund other programs. He stated if the Board goes all the way to rollback now, all of those options will be taken away. Commissioner Cook stated they are not taken away; the Board will have to look at other places to cut; and inquired why is that a part of the equation that nobody wants to look at. He stated the Board can set priorities; it can advertise a zero tax increase; and he is happy to look to see if there are areas that are funded automatically that are less important than the Sheriff?s programs. He stated if the Board wants other funding for other agencies, it has to look at what can be cut to prioritize the funding for things that are more important. Commissioner Scarborough stated the initial budget was $6 million over; the County Manager brought it back into balance; but there comes a point where the Board needs to assume it is getting as many cuts as it can. He noted the Board has not had tax increases; other taxing entities have had increases which have impacted the taxpayers; and the Board has been the most conservative. He stated no one can accuse any Commissioner of not trying to hold the line on taxes; but to limit the opportunity for discussion is overreaching. Commissioner Cook stated the Board has advertised no tax increase every year, and can do it this year; the Board can look at other areas to free up funding for other things the Board believes are important; and the money is there to meet other needs. He noted it is a $578 million budget; and if it is increased today, it will never go back. Commissioner Scarborough advised the Board can advertise the increase and come back to make it work. Commissioner Cook stated it makes it more difficult. Commissioner Higgs stated the number she suggested is not an increase, but a decrease in the General Fund millage; with Commissioner Cook responding it would be an advertised increase. Commissioner O?Brien stated they should start the process by saying the Board will not increase taxes, and work back from there; and if the Board cannot find $50,000 out of $600 million, something is wrong. He stated the Board has not looked at all the budgets to see what can be reduced; and the mindset that the Board has to increase taxes because Departments want more money in their budgets is what the public wants stopped. Commissioner Higgs stated the debate is between a General Fund millage decrease, which she suggested, and a bigger decrease; the General Fund millage she suggested will result in a tax decrease except for some people in District 1 who voted a millage increase for recreational programs; and it is not the millage that is creating the increase, but implementation of those approved programs. Commissioner O?Brien stated if there is going to be a tax increase in Brevard County, he wants no part of it; and he does not care if the increase is in his District or another Commissioner?s District because he looks at it Countywide. He stated the needs of District 1 have been met; there is no further problem; and if there is, it can be resolved between now and September by lowering the budget to meet the taxes, rather than raising taxes to meet the budget. Commissioner Cook stated under Commissioner Higgs? proposed scenario, it will be necessary to advertise a Notice of Proposed Tax Increase, which will go out throughout the County; people will not know what District they are in; and recommended starting today at this point with zero millage increase, and looking at other avenues for additional funding.

Motion by Commissioner Cook, seconded by Commissioner O?Brien, to adopt the FY 1998-99 Tentative Millages for purposes of notification to taxpayers by the Property Appraiser; direct the Budget Director to complete the Florida Department of Revenue?s Certification of Taxable Value forms; and approve a zero millage increase.

Commissioner Scarborough stated he would like $50,000 included for the East Central Florida Regional Planning Council if it comes to fruition, $125,000 for the EDC, and $200,000 to keep discussions open; and inquired if the County Manager can find another $400,000. Mr. Jenkins requested direction from the Board on what programs it would like to look at for additional funds. Chairman Voltz stated she wants to be sure the Board funds the EDC. Commissioner Scarborough stated if it is not going to be advertised for an increase, he would like to see a workshop scheduled as quickly as possible to consider additional budget cuts to free funds for the programs.

Commissioner O?Brien stated he does not want to see his taxes raised, and his neighbors do not want their taxes raised; and he has not met anyone who requested their taxes be raised.

Commissioner O?Brien stated some people have to work an entire month just to pay their property taxes, and then five more months just to pay their income taxes; and this has been getting out of hand for years.

Commissioner Higgs stated the Budget Office provided information on a General Fund millage of 4.2601; and inquired if that number would produce a no gain, no loss TRIM notice. Ms. Wall responded the millages shown on Exhibit A are the preliminary millages that would result in a no increase from rollback.

Commissioner Scarborough stated the Board has not had any tax increases; and the other entities are the ones that have increased the taxes. He inquired if the motion is to go to rollback; with Commissioner Cook responding yes.

Commissioner Scarborough suggested amending the motion to direct the County Manager to look for $400,000 additional revenue, including $125,000 for the EDC, funding for the Sheriff and other programs the Board wants to retain, and continue a role in the East Central Florida Regional Planning Council if it works out. Commissioner Cook accepted the amendment as part of the original motion. Commissioner O?Brien, as seconder of the original motion, accepted the amendment.

Commissioner O?Brien advised of other entities which raised taxes; and stated just because other entities are doing it does not mean the Board will do it. He noted his personal taxes doubled in less than ten years.

Commissioner Higgs suggested amending the motion to provide that the first source of the funds be from Constitutional Officers because their budgets all show increases, whereas County Departments do not. Commissioner Cook accepted the amendment as part of the original motion; with Commissioner O?Brien accepting as seconder.

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

Discussion ensued on Constitutional Officers raising budgets, Supervisor of Elections reducing his budget, support for "cap it" amendment by Constitutional Officers, budget increases above the "cap it" figure, and importance of not having a tax increase.

Commissioner Scarborough stated at the workshop, there was still $50,000 that was to be additional revenue from a tax increase for Parks and Recreation, District 1; Commissioner O?Brien stated he does not want to see any District with increases; and inquired if Commissioner O?Brien is aware there will still be a need for $50,000. Ms. Wall advised staff found $50,000, so District 1 Parks and Recreation will go to rollback. Commissioner Cook commended staff. Commissioner O?Brien inquired if it is necessary to go line item by line item; with Ms. Wall responding no.

Clarence Rowe stated transportation has always been a big issue in the county; and advised of various transportation studies. He stated the Welfare Reform Act is in place; it will be necessary to find work for these people so they can become self sustaining taxpayers; and expressed concern about transportation for working people. He stated the present transportation works well for handicapped and senior citizens; but the County needs to improve transportation to get people to work throughout the County. He stated the County and the cities share a gas tax of 6%; and suggested the County and cities coordinate to set aside a certain percentage to improve public transportation. He stated there are other resources for funds such as State and federal dollars; and recommended the Board do something about transportation.

Chairman Voltz inquired if Mr. Rowe has consulted with Jim Liesenfelt on this subject; with Mr. Rowe responding yes. Mr. Rowe advised Mr. Liesenfelt did a nice presentation; but busses do not run on Saturdays, Sundays or holidays, and the last bus runs at 5:00 or 6:00 p.m.; and that does not accommodate a 24-hour workshift. He advised of the burden of paying for transportation on the economically disadvantaged; stated something must be done in order to make the people self sufficient; and the report deals primarily with getting elderly citizens to their doctors, shopping or volunteer work. He reiterated his suggestion for the County and the cities to work together on the problem, with the cities giving up a fair share of the Gas Tax, and federal and State funds being used to implement the Welfare Reform Act. He advised of the Orlando bus system; and stated Brevard County is too far behind in public transportation.

Chairman Voltz recommended Mr. Liesenfelt work with Mr. Rowe on the study and funding.

Commissioner O?Brien advised of unemployment and median income in West Cocoa; and recommended getting together with the community to discuss viable solutions. He stated without transportation, the people cannot even get to where the jobs are; poverty breeds poverty; and transportation is the one answer to break the cycle.

Commissioner Cook suggested holding a community meeting; stated it is an important issue; Mr. Liesenfelt, Mr. Lusk and others in the community could meet to see if there are solutions which could work better for people to get from their homes to work; and that should be the emphasis. He stated there may be re-routing, scheduling or other matters that could be addressed which could help.

Mr. Rowe stated he has no problem with what is being suggested, but the main problem is financial; and if the busses cannot be run on Saturdays, Sunday, holidays or after 6:00 p.m., the County is not being resourceful in getting people to work. He advised of various occupations which would require someone to work late; and stated if there are no busses running, there is a problem. He stated this impacts the poorest of the poor; if people are to come off welfare within two years, there will be an influx of workers; and the County will either pay now or pay later. He reiterated the main concern is financial, to be able to get sufficient funds to keep the busses running.

Chairman Voltz stated with the new year coming up, the Board needs to look at these things.

Commissioner Higgs stated the study Mr. Rowe referenced is the TD Plan which the County is required to submit in order to get matching federal funds; and there has been a significant increase

in fixed route ridership in the last year. Commissioner Higgs stated Mr. Rowe is on target that the County needs to get people to work and expand the fixed routes more; and the TD Plan recognizes that. Mr. Rowe stated it is still not reaching the people.

Chairman Voltz advised that is something the Board will work on; the City of Palm Bay funds the beach bus; and it is important to do that.

Commissioner O?Brien stated he is glad the Board wants to look at this subject; a lot of people are tired of seeing empty busses running down the street; there has been an increase in ridership, but it is insufficient; and if it is possible to redirect the busses to help those who need them the most, the Board will have done its job.

Chairman Voltz stated Orange County moved its meeting to 1:15 p.m., and she and Planning Manager Mel Scott will attend.

Upon motion and vote, the meeting adjourned at 11:45 a.m.

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HELEN VOLTZ, CHAIRMAN

__________________________ BOARD OF COUNTY COMMISSIONERS

SANDY CRAWFORD, CLERK BREVARD COUNTY, FLORIDA

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