The Board of County Commissioners of Brevard County, Florida, met in regular session on September 17, 1996, at 5:30 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Mark Cook, Commissioners Truman Scarborough, Randy O?Brien, Nancy Higgs, and Scott Ellis, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Ritual Leader John Goldring of Congregation Beth El.

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

PUBLIC HEARING, RE: ORDINANCE AMENDING ROADSIDE VENDOR ORDINANCE

Chairman Cook called for the public hearing to consider an ordinance amending Ordinance regulating roadside vendors. He advised the public hearing will be continued, but the Board will hear comments.

Larry Beckett, Brevard County Florists Association, stated County staff did a grave injustice to the Board, him, and 100 plus businesses; he came to the Board on two occasions and gave it a packet containing complaints; and two times staff pulled the item. He stated there has been a lot of work on it; and staff should apologize to everybody involved.

Growth Management Director Susan Hann advised two key staff members were ill and not able to attend the meeting; and it was a procedural error of staff that caused the inconvenience. She stated staff will notify the florists.

County Manager Tom Jenkins advised the public hearing should be continued because the Local Planning Agency has not reviewed the proposed ordinance.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to continue the public hearing on an ordinance amending the Roadside Vendor Ordinance until October 10, 1996. Motion carried and ordered unanimously.

REPORT, RE: BEACH RENOURISHMENT FUNDS

Commissioner O?Brien advised that Congress passed a bill for 3.5 million dollars for beach renourishment, and $500,000 for engineering study; and expressed appreciation to Congressman Weldon, and Port Commissioners McLouth and Kennedy for their efforts.

Chairman Cook thanked Commissioner O?Brien for his work in Washington for the County.

APPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to appoint Teresa Robinson, 3610 Catalina Drive, Cocoa 32926, to replace Altamese Davis, and Izeal Battle, 325 S. Burnett Road, Cocoa 32926, to replace Thea Simmons on the Cocoa West Community Center Advisory Committee, with term expiring December 31, 1996; and Cherie Thompson, 2525 S. Forrest Drive, Melbourne 32901 to the Sign Ordinance Task Force, replacing Tom Wingert, with term expiring August 1, 1997. Motion carried and ordered unanimously.

REPORT, RE: MEETING WITH U.S. FISH AND WILDLIFE SERVICE

Chairman Cook advised of his meeting with U.S. Fish and Wildlife Service regarding the Scrub Habitat Conservation Plan; indicated they will consider federal lands as part of the scrub jay habitat conservation and will look at anything the County submits, even a draft plan submitted informally; and they will provide comments. He stated their goal is to look at the entire picture and survival of the species.

Commissioner Higgs inquired if the County has that in writing; with Chairman Cook responding no, but the attorney was there, and they did not rule out anything and indicated a desire to work with the County. He stated he mentioned to them that the County bought property under EELS and Beach and Riverfront Programs, much of which are scrub. Commissioner Higgs inquired if they will assign a senior level person to the County as its contact person who can make decisions; with Chairman Cook responding Mr. Hankwell of Jacksonville should be the person involved.

County Attorney Scott Knox advised he tried to get information from them on how they set their rules and goals; he discovered they have an old recovery plan; but the field supervisor in Jacksonville said it is incumbent upon them to sit and discuss with the County what it is they are looking for. Commissioner Higgs stated short of someone in the supervisory level, it will not be different than talking to the staff of Fish and Wildlife Service.

Chairman Cook recommended the item be placed on the Agenda for next week to get direction of where the Board wants to go with the plan.

PERSONAL APPEARANCE - DR. LARRY WILLIAMSON, BREVARD DENTAL SOCIETY, RE: REPORT ON INDIGENT DENTAL PROGRAM

Dr. Larry Williamson, representing the Brevard Dental Society, advised of the background of the indigent dental program which began in 1979, ended in 1980, and started again in 1992 with three major players, the Dental Society, the Board and Dr. Garcia. He stated there are 58 dentists in the program; and a progress report will be given by Renick Brandt, Denise Robinson, and Katherine Robertson. He presented a handout to the Board detailing the services provided and costs.

Renick Brandt, Administrative Services Director with HRS/BCPHU, advised the 29-month program expires the end of this month; the Agreement began in May, 1994 for $80,000, $50,000 from the PERSONAL APPEARANCE - DR. LARRY

County, $20,000 from the Public Health Unit, and $10,000 from the Dental Society; and 58 different professional volunteers gave 13.2 hours each for 740 volunteer hours, and saw 1,169 patients, for 1,097 crowns, 1,079 extractions, and 1,000 other services, not including services provided by dentists in their offices. He stated the value of the service exceeds $238,000; and through the parties? cooperative effort and time donated by professional dental community, they exceeded expectations. He stated it was $36,871 in actual program cost and for each $1.00, $6.46 of service was provided.

Commissioner O?Brien advised if the program was for $80,000, and they serviced 1,129 patients, it would amount to approximately $80 per client. Mr. Brandt stated the cost per visit is $31.54; and the indigent dental clinic was not for care but to provide emergency extractions and services far in excess of normal practices.

Katherine Robertson advised she could not get Medicaid because her health was too good, and she was not old enough for Medicare; and when she needed to get her teeth out she could not find a place to go. She stated she heard about the clinic, and got all her teeth pulled because of gingivitis; and she hopes the clinic can continue to help more people as it helped her.

Denise Robinson, Project HOPE, advised they service indigent patients that do not have Medicare or Medicaid and are not above the poverty line; and 12% were sent to the dental clinic who were in need of immediate extractions. She stated dental problems affect the entire health; and without their services, her patients would not have anywhere to go. She noted they need the service.

Chairman Cook stated it is a real asset and they appreciate the services donated by the dentists.

AGREEMENT WITH HEALTH AND REHABILITATIVE SERVICES PUBLIC HEALTH UNIT AND BREVARD COUNTY DENTAL SOCIETY, INC., RE: ADULT DENTAL SERVICES Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to execute Agreement with Health and Rehabilitative Services Brevard County Public Health Unit and the Brevard County Dental Society, Inc. to provide adult dental services from October 1, 1996 through September 30, 1997, at not to exceed $25,000. Motion carried and ordered unanimously.

GRANT APPLICATION AND CERTIFICATION OF CREDENTIALS WITH FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY SERVICES, RE: STATE AID TO LIBRARIES FOR 1996-97

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to execute Application to Florida Department of State, Division of Library Services and the Certification of Credentials form for the State Aid to Libraries FY 1996-97 grant. Motion carried and ordered unanimously.

APPROVAL OF TRANSFER, RE: FUNDS TO PURCHASE REPLACEMENT EMERGENCY EVACUATION SCOTT AIR PACKS

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to approve transfer of $30,000 from the Detention Facility?s operating funds to the Capital Account to purchase replacement emergency evacuation Scott Air Packs for the Sheriff?s Department. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to approve bills and budget transfers as submitted. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - BRIAN FILIBERTO, RE: MANDATORY STATE BICYCLE HELMET LAW

Brian Filiberto advised he is not against helmets as against the law that requires them; it should be up to parents not government; citing children will take away from important police functions; and more officers would increase the cost to taxpayers. He stated it would impact large families; it would be difficult to distinguish between the ages of 14 and 16; it infringes on parental rights; and it should be lowered to 12 years and under.

Reginald Belle, representing CTST, advised they worked hard to get the helmet law passed in Florida because it saves lives; and even though the law is for 16 and under, he would prefer to see everybody wear helmets because it is a matter of life and death. He advised of the number of children who have died because of head injuries, experience he encountered, National Safety Council statistics, and types of helmets that can be purchased for reasonable prices. He requested the Board support the helmet law to prevent injuries and save lives.

Jeanne Andre advised she is for enforcing the law; it will not be more involved than other safety equipment; and it is as important as seatbelts and car seats. She stated she is for not opting out.

James Ansell, member of CTST, stated he is in favor of not opting out; and Florida Statutes 316 was enacted to be effective January 1, 1997, but citations will not start until January 1, 1998, to provide a full year of education for the children and police. He stated they secured a grant and purchased 365 helmets and gave them to the Police Department for children who cannot afford them; and the goal is to reduce head injuries.

Martin Lamb stated it is a ridiculous law; government is trying to protect everybody from everything; he cannot afford designer helmets to match clothing of his children; and if they do a good job in education, they do not need a law to enforce it.

Jessie Fleming advised he was not convinced the bicycle helmet would save lives, and researched it from New York to Washington; he was convinced by the medical staff in Colorado and manufacturers that they save lives; and if it takes away parental rights, then they should do away with the law requiring car seats. He stated it is not for responsible parents, but those who do not care; as the population grows, head injuries will increase, and insurance costs increase; and the County could look to major corporations to fund helmets for indigent children. He requested the Board not vote to opt out of the State law; and advised of accidents that resulted in injuries which could have been avoided if helmets were worn.

Sally White, teacher at Palm Bay Elementary, advised she teaches P.E., bicycle and pedestrian safety programs, and feel strongly that helmets are necessary. She stated a study showed that head injuries were 65,000 of emergency room cases at 770 hospitals, and 70 to 80% were fatally injured. She requested the Board not opt out of the State law.

David White advised of his accident, and stated if he did not have his helmet on, he would have been seriously injured. He stated it is essential for children; and urged the Board not to opt out.

The Board discussed education and persuasion, seatbelt laws, opting out 13 to 16 year-old children, importance of helmets, and government doing the job of parents.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct that Brevard County not opt out of the State law requiring children to age 16 to wear helmets while riding bicycles. Motion did not carry; Commissioners Scarborough and Higgs voted aye; and Commissioners O?Brien, Ellis and Cook voted nay.

Motion by Commissioner O?Brien, to continue the mandatory State bicycle helmet law to another meeting to talk to constituents and make a viable decision whether to opt out or not. Motion died for lack of a second.

The Board discussed exempting children 13 to 16 years of age, helmets for those who roller blade, considering an ordinance, notifying municipalities, and whether to opt out or not.

Chairman Cook instructed the County Attorney to provide options on what the Board can do if it wants to make a new law that will exempt a certain age group, whether it has to opt out of the State law to do that, and any other information on whether to go forward or not, and put it on the agenda in two weeks.

The meeting recessed at 6:54 p.m. and reconvened at 7:09 p.m. Mr. Knox?s absence was noted at this time and Assistant County Attorney Katherine Harasz?s presence was noted.

PERSONAL APPEARANCE - VERONICA SCHALLER, RE: PROPOSED CONSTRUCTION OF GEODESIC DOMES Veronica Schaller, representing Stewart Terrace, Sand Pine, and Sand Dollar homeowners, advised over 200 homeowners in the developments oppose construction of geodesic domes which are inconsistent with existing dwelling units.

Peitress Hammond advised building eight geodesic domes is out of character with the existing homes; two adjoining parcels are zoned for multifamily; and inquired what would prevent them from building eight more domes in their area. She stated it would increase traffic, the parcels flood when it rains, and if the domes are allowed on two front lawns with existing houses, it would devalue their property.

Ramsey Koumjian, representing Atlantic Condo. Association, advised the Condo abuts the property where igloo-shaped buildings will be built; it will take away from the attractiveness of the area; and they are completely against that type of building which is out of character with what exists presently.

Ed Andre advised his home is three houses down from the lots to be developed with domes; those domes may have their place; however, even though the zoning may be proper, he is looking for help to maintain the style of the community. He stated the domes are inconsistent with the character of the area, and requested they not be constructed on those lots.

Charles Hammond advised Coral Way is an upscale, middle class neighborhood with homes from the $100,000 price range; and 200 irate homeowners signed the petition opposing the plan. He stated the developer must comply with requirements, but several of his proposals were denied. He mentioned traffic, sewage, off-street parking, concrete slabs, submerged lands when it rains, and deed restrictions of record; and stated eight domes jammed on two lots will be an abomination no one wants on the street where they live.

Jeanette Jatz, David Billingsley, Jeanne Andre, Jane Matthews, Thomas Moran, Elizabeth Moran, and Judith Robinson opposed the dome homes.

Angela O?Neil advised she spent over $150,000 to purchase her home on Sand Pine Road, and the domes will affect the value of her home. She stated the Hilton is on the north side, Holiday Inn on the south side, and Radisson further down, so all the tourists will drive by those domes and will not have a favorable impression of Brevard County. She stated she is not opposed to dome homes, but they are out of character with the existing neighborhood; and requested the Board not allow them to be built on those lots.

Allen Wright stated dome homes are cheap and fast to build; is for low-income housing; and the style is more suitable for an industrial rather than residential area.

Glenda Busick advised of the process Commissioner Ellis used to schedule the item on the Agenda, and how unfair it was not to notify people; and stated even though he said it was to allow the people to speak, one Commissioner cannot speak for the rest and cannot ensure no action would be taken. Commissioner Ellis stated two ladies asked for personal appearances, and it was granted.

Commissioner Ellis and Ms. Busick exchanged comments about the procedure used to schedule the item on the Agenda.

Ed Andre opposed the dome homes, mentioned the deed restrictions, and asked what can be done for them. Code Compliance Director Ralph Brescia explained the site plan review process.

Discussion ensued on restrictions, manufactured housing, types of housing the Building Code allows in residential areas, communication with the developer, dome homes in Canaveral Groves, no review by the Board if meet all requirements, and only if denied by staff, enforcement of deed restrictions, rights of property owners, homeowners associations, protection of existing developments, consistency with character of the neighborhood, multifamily zoning classification, sewer and water facilities, Code requirements, clustering.

Commissioner Ellis offered to meet with the homeowners. Commissioner O?Brien asked staff to prepare an ordinance to find a way for consistency in a neighborhood so it does not happen in the future, and suggested waiving fees for the developer to move to a traditional style. Commissioner Higgs stated it will have to meet hurricane requirements.

Chairman Cook recommended Commissioner Ellis hold a meeting and report back to the Board.

EXECUTIVE SESSION, RE: LABOR AGREEMENT NEGOTIATIONS WITH LOCAL 678 Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize an executive session to discuss the Labor Agreement negotiations with Laborers International Union, Local 678. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - LOUIS MOREHEAD, RE: SALE OF STORMWATER EASEMENT

Louis Morehead, III, requested the Board authorize purchase of a stormwater easement he owns in Port St. John area of 2.29 acres at $1.42 per square foot, or total of $99,682.

Commissioner Ellis recommended swapping acreage in Port St. John for the ditch. Mr. Morehead stated he was advised the exchange they were discussing may not be feasible if Atlantic Gulf that donated the property is not willing to issue a reverter.

Discussion ensued on exchange of property donated for recreational use, negotiations with Atlantic Gulf, County drainage on Morehead?s property, taxes on the property considered for exchange causing hardship, administrative rezoning, no staff recommendation to purchase the easement, previous discussions on appraisals and offer made, litigation, and acre-for-acre swap.

The Board directed the County Manager to coordinate with Atlantic Gulf Communities, Inc. to determine if it is willing to release properties it donated to the County in Port St. John so the Board can consider exchanging same with Louis Morehead, III, for a drainage easement; and directed the County Attorney to determine if there are options regarding historical drainage rights on Mr. Morehead?s property.

EXECUTIVE SESSION, RE: WALTER LESTRANGE v. BREVARD COUNTY

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize advertising and scheduling an executive session to discuss settlement negotiations and strategy related to the litigation expenditures of Walter Lestrange v. Brevard County. Motion carried and ordered unanimously.

AUTHORIZE DEFENSE, RE: FARM GROVE REALTY v. BREVARD COUNTY Assistant County Attorney Katherine Harasz explained the circumstances regarding Farm Grove Realty v. Brevard County lawsuit; and advised the County has 20 days to answer the complaint.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to authorize the County Attorney to respond to the complaint and bring the item of Farm and Grove Realty v. Brevard County to the Board in executive session. Motion carried and ordered unanimously.

DISCUSSION, RE: CHAIRMAN?S REPORT TO THE BOARD ON THE MEETING WITH SECRETARY WETHERELL

Chairman Cook advised he and the County Attorney met with Secretary Virginia Wetherell of Department of Environmental Protection on September 12, 1996; they discussed the manatee protection plan, gave her the reasoning for the Board?s actions and a better understanding of where the Board is coming from; and she indicated there was some flexibility regarding the plan. He stated he explained why the Board eliminated the NEP plan; she indicated the Board actions to protect the lagoon and resolution on the NEP goals would suffice, and they would be willing to fund an educator; and he explained the Board set up a committee to educate the public rather than have a staff position. Chairman Cook advised they discussed boater registration fees to fund Marine Patrol which still has room for further discussion; however, she was adamant about speed zones in the Barge Canal, and would not negotiate that area.

Commissioner O?Brien objected to a paid educator if the County can get retired teachers to volunteer to do public service, as it is the same tax dollars and in three years the County would have to continue the funding.

Chairman Cook indicated Department of Environmental Protection can appoint a coordinator or adopt a plan with or without the consent of the Board. He stated they indicated they will accept modifications to the plan but would have to approve it again.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize sending the organizational committee?s manatee protection plan to the cities that are partners in the plan with the Board?s recommendation for changes, and have it come back to the Board with comments from the cities; and authorize scheduling public hearings in the unincorporated areas to receive comments from the public on the plan.

Ron Pritchard advised he supports the direction of the Board on the manatee plan, and recommended the Board not burden responsible boaters for irresponsible laws. He stated they know how to boat and can live with the manatees.

George Reynolds, Vice President of Citizens for Florida Waterways, thanked the Board for its efforts; and opposed paid educators as it would give Department of Environmental Protection control.

Jeff Pira, President of Citizens for Florida Waterways, inquired if Secretary Wetherell indicated she was ready to deal; with Chairman Cook responding she indicated they would look at modifications to the plan but did not guarantee they would be approved. Mr. Pira inquired if Ms. Wetherell said they could process with or without the Board?s consent; with Chairman Cook responding they were words to the effect that they can do a plan on their own. Mr. Pira inquired what could the Board do if Department of Environmental Protection sends back something worse than the original plan. He stated he would like to see an agenda item in two weeks that would allow other members to see a motion that the plan will be sent to municipalities and local areas so they do not feel forgotten.

Chairman Cook directed the County Attorney to provide a memorandum on what appropriate legal action the Board can take if an impasse occurs with Department of Environmental Protection.

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

PUBLIC COMMENTS - DAVID PETRONI, RE: COMMUNITY HOUSING

David Petroni, Community Housing Initiative, advised of the general issues the Community Housing Initiative accomplished over the year, economic impact in jobs that were created and sustained through their activities, and potential issues of what they would like to do in the future.

The Board discussed low-income housing, housing for the elderly, use of HOME and SHIP funds and home ownership.

The Board directed staff to investigate whether the Board can pursue the use of HOME and SHIP funds for elderly housing, what has to be done to pursue that, the availability of those funds, and everything else for home ownership; and report on where the Council is on that, and if they can set it up as elderly housing or designate certain types of housing for a segment of the population by federal or State laws.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 8:59 p.m.

MARK COOK, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

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