October 6, 1998

The Board of County Commissioners of Brevard County, Florida, met in regular session on October 6, 1998, at 9:00 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 Pastor Bob Arthors, Merritt Assembly of God, Merritt Island, Florida.

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

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner O’Brien, to approve the August 4, 1998 and August 25, 1998 Regular Meeting Minutes, as prepared. Motion carried and ordered unanimously.

REVIEW STATUS, RE: OVERGROWTH AT 105 MAPLEWOOD DRIVE, COCOA

Commissioner Cook requested the County Manager review the overgrowth of weeds at 105 Maplewood Drive in Cocoa; stated the County has the authority to take care of the problem and lien the property; it wants to do that as a last resort; and something needs to be done.

The Board instructed the County Manager to review the status of the overgrowth of weeds at 105 Maplewood Drive in Cocoa, that has been in Code action for over two months, and determine what needs to be done to take care of the problem.

DISCUSSION, RE: SPECIAL NASA FLIGHT

Chairman Voltz stated the special NASA flight is coming up, and inquired if the Board is going to give County employees time off as the traffic is going to be horrendous.

The Board took no action concerning giving County employees time off for the special NASA flight.

RESOLUTION, RE: PROCLAIMING NATIONAL 4-H CLUB WEEK

Chairman Voltz read aloud a resolution proclaiming October 4 through 10, 1998, as National 4-H Club Week in Brevard County; and presented it to representatives of the 4-H Club.

Motion by Commissioner Cook, seconded by Commissioner O’Brien, to adopt Resolution unanimously proclaiming October 4 through 10, 1998, as National 4-H Club Week in Brevard County, and encouraging all its citizens to reaffirm their interest in the aims, achievements, and needs of the 4-H Program to help strengthen, and preserve this training ground of democracy in the United States of America. Motion carried and ordered unanimously. (See page for Resolution No. 98-246.)

PERSONAL APPEARANCE - VERNONA L. MOSELEY, HEALTHSOUTH SEA PINES
REHABILITATION HOSPITAL, RE: PRESENTATION OF REHAB WEEK AWARDS

Vernona L. Moseley, representing HealthSouth Sea Pines Rehabilitation Hospital, stated on behalf of the HealthSouth Sea Pines Rehabilitation Hospital, she would like to present T-shirts to the Commissioners to show the Hospital’s appreciation to the Board.

The Board acknowledged presentation by Vernona L. Moseley, HealthSouth Sea Pines Rehabilitation Hospital, concerning Rehab Week; and accepted T-shirts from HealthSouth.

RESOLUTION, RE: PROCLAIMING PUERTO RICAN DAY

Commissioner Higgs read aloud a resolution proclaiming November 15, 1998, as Puerto Rican Day in Brevard County.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution unanimously proclaiming November 15, 1998, as Puerto Rican Day in Brevard County, in recognition of the contributions made by Puerto Rican residents to our community. Motion carried and ordered unanimously. (See page for Resolution No. 98-247.)

Samuel Lopez expressed appreciation to the Board for the Resolution.

FINAL PLAT APPROVAL, RE: GLENWOOD SUBDIVISION

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

FINAL PLAT APPROVAL, RE: VIERA NORTH PUD, TRACT L, PHASE 2, UNIT 3

Motion by Commissioner Scarborough, seconded by Commissioner O’Brien, to grant final plat approval for Viera North PUD, Tract L, Phase 2, Unit 3, subject to minor changes if necessary and receipt of all documents required for recording, and Board approval of this project not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: VIERA NORTH PUD, TRACT Z

Motion by Commissioner Scarborough, seconded by Commissioner O’Brien, to grant final plat approval for Viera North PUD, Tract Z, subject to minor changes if necessary and receipt of all documents required for recording, and Board approval of this project not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

CONTRACT WITH THE VIERA COMPANY, RE: INFRASTRUCTURE IMPROVEMENTS
IN VIERA, TRACT 12, UNIT 1, PARCELS 1-3, PHASE 2B

Motion by Commissioner Scarborough, seconded by Commissioner O’Brien, to execute Contract with The Viera Company guaranteeing infrastructure improvements in Viera, Tract 12, Unit 1, Parcels 1-3, Phase 2B. Motion carried and ordered unanimously. (See page for Contract.)

AGREEMENT WITH QUAIL RIDGE AT SUNTREE HOMEOWNERS ASSOCIATION, INC.,
RE: TRANSFER OF RIDGE LAKE DRIVE, RIDGE WAY, AND QUAIL HOLLOW WAY
TO BREVARD COUNTY

Motion by Commissioner Scarborough, seconded by Commissioner O’Brien, to execute Agreement with Quail Ridge at Suntree Homeowners Association, Inc., assuming maintenance responsibility for Ridge Lake Drive, Ridge Way, and Quail Hollow Way converting these roads from private rights-of-way to public rights-of-way. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING
CHAPTER 22, ARTICLE II, ADOPTING 1996 NATIONAL ELECTRICAL CODE

Motion by Commissioner Scarborough, seconded by Commissioner O’Brien, to grant permission to advertise public hearing to consider ordinance amending Chapter 22, Article II, Technical Codes, Code of Ordinances of Brevard County, Florida; specifically amending Section 22-101 to adopt the 1996 National Electrical Code; amending Section 22-102 to renumber and amend regulations pertaining to service disconnects, service wiring, breaking of meter seals, wiring methods; remodeling and additions rewiring; electric wiring for swimming pools; providing severability; and providing an effective date. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT, RE: CONSTRUCTION OF TOBY ROAD

Motion by Commissioner Scarborough, seconded by Commissioner O’Brien, to execute Unpaved Road Agreement with Adam E. and Kyle G. Gray for construction of a road in an existing County right-of-way constructed to the standards of Unpaved Road Ordinance 97-02. Motion carried and ordered unanimously. (See page for Agreement.)

AMENDMENT NO. 2 TO AGREEMENT WITH GLATTING JACKSON KERCHER ANGLIN
LOPEZ RINEHART, INC., RE: ARCHITECTURAL AND ENGINEERING SERVICES
FOR OFF-ROAD VEHICLE PARK AND CORTO ROAD COMMUNITY CENTER

Motion by Commissioner Scarborough, seconded by Commissioner O’Brien, to execute Amendment No. 2 to Agreement with Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. for architectural and engineering services for Off-Road Vehicle Park and Corto Road Community Center. Motion carried and ordered unanimously. (See page for Amendment No. 2.)

CHANGE ORDER NO. 2 TO AGREEMENT WITH PRIORITY ONE CONSTRUCTION, RE:
CONSTRUCTION OF CORTO ROAD COMMUNITY CENTER

Motion by Commissioner Scarborough, seconded by Commissioner O’Brien, to approve Change Order No. 2 to Agreement with Priority One Construction, increasing contract price by $8,546.58 to include remobilization, additional dewatering, and additional water diversion for Corto Road Community Center. Motion carried and ordered unanimously. (See page for Change Order No. 2.)

AMENDMENT TO AGREEMENT WITH THE BUCHANAN COMPANY, INC., RE: TDC
SPORTS EVENT PROMOTION AND DEVELOPMENT AGENCY

Motion by Commissioner Scarborough, seconded by Commissioner O’Brien, to execute Amendment to Agreement with The Buchanan Company, approving a two-year renewal and a one-year optional extension at the professional fee rate of $8,992.62 per month for FY 1998-99 and $9,442.25 per month for FY 1999-2000 for sports event promotion and development. Motion carried and ordered; Commissioner Higgs voted nay. (See page for Amendment to Agreement.)

AMENDMENTS TO AGREEMENTS WITH MID-FLORIDA HOUSING PARTNERSHIP, INC.,
AND CITY OF TITUSVILLE, RE: HOME PROGRAM COMMUNITY HOUSING
DEVELOPMENT ORGANIZATION FUNDING SET-ASIDE FOR FIRST TIME HOME
BUYERS

Motion by Commissioner Scarborough, seconded by Commissioner O’Brien, to execute Amendments to Agreements with the Mid-Florida Housing Partnership, Inc. and the City of Titusville to provide additional assistance for the First-time Home Buyer Down Payment and Rehabilitation Program; and authorize the Chairman to execute necessary documents. Motion carried and ordered unanimously. (See pages for Amendments to Agreements.)

AGREEMENTS WITH SEAN ANDERSON, DANIEL FREYBERG, PHILIP MITCHELL,
SUZANNE TAYLOR, AND CHARLES CRAWFORD, AND BUDGET CHANGE
REQUEST, RE: LEGAL REPRESENTATION OF INDIGENTS IN DEPENDENCY
PROCEEDINGS

Motion by Commissioner Scarborough, seconded by Commissioner O’Brien, to execute Agreements with Sean Anderson, Daniel Freyberg, Philip Mitchell, Suzanne Taylor and Charles Crawford for legal representation of indigent parents in dependency and termination of parental rights proceedings; authorize the Chairman to execute additional agreements, as funding permits, as approved by the Dependency Selection Committee; and approve Budget Change Request for program funding. Motion carried and ordered unanimously. (See pages for Agreements and Budget Change Request.)

INTERAGENCY AGREEMENT WITH PRENATAL & INFANT HEALTH CARE COALITION,
BREVARD COUNTY THROUGH UNIVERSITY OF FLORIDA COOPERATIVE
EXTENSION SERVICE, FAMILY COUNSELING CENTER, AND UNIVERSITY OF
CENTRAL FLORIDA NURSING PROJECT, RE: HEALTHY START SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner O’Brien, to execute Interagency Agreement with Prenatal & Infant Health Care Coalition of Brevard County, Inc., Family Counseling Center of Brevard County, Inc., and University of Central Florida Nursing Project for provision of parenting classes for families receiving Healthy Start services. Motion carried and ordered unanimously. (See page for Agreement.)

RESOLUTION, RE: APPROVING ISSUANCE OF BREVARD COUNTY HEALTH FACILITIES
AUTHORITY REFUNDING BONDS FOR COURTENAY SPRINGS VILLAGE PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner O’Brien, to adopt Resolution approving issuance of refunding bonds by the Brevard County Health Facilities Authority for a currently financed project, Courtenay Springs Village in Merritt Island. Motion carried and ordered unanimously. (See page for Resolution No. 98-248.)

AGREEMENT WITH DEPARTMENT OF COMMUNITY AFFAIRS, DIVISION OF EMERGENCY
MANAGEMENT, DESIGNATE AUTHORIZED AGENT, AND APPROVE BUDGET
CHANGE REQUEST, RE: FY 1998-99 EMERGENCY MANAGEMENT PREPAREDNESS
AND ASSISTANCE BASE GRANT

Motion by Commissioner Scarborough, seconded by Commissioner O’Brien, to execute Agreement with Department of Community Affairs, Division of Emergency Management for FY 1998-99 Emergency Management Preparedness and Assistance Base Grant; designate Robert S. Lay as the Authorized Agent; and approve Budget Change Request for the grant. Motion carried and ordered unanimously. (See pages for Agreement and Budget Change Request.)

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Scarborough, seconded by Commissioner O’Brien, to appoint and/or reappoint the following:

Art in Public Places Advisory Committee

Appoint Bob Gabriel, 621 Jubilee Street, Melbourne, Florida 32940 to the Art in Public Places Advisory Committee, replacing Suni Clark, with term of appointment expiring December 31, 1999.

Valkaria Airport Advisory Board

Reappoint Jim Ray and Del Yonts to the Valkaria Airport Advisory Board, with term of appointments expiring December 31, 1999.

Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

STAFF DIRECTION, RE: RESULTS OF ONE-YEAR TRIAL PROGRAM OF EXCLUSIVE
USE OF SPECIAL MASTER TO HEAR CODE ENFORCEMENT CASES

Commissioner Cook stated he prefers for the citizen to have the option of either going to a special master or the Code Board.

Commissioner O’Brien stated the program has been very successful; he has not received any specific complaints saying it is a bad program or that it is not working; and it appears to work fine.

Chairman Voltz stated she has not received any complaints. Commissioner Scarborough advised he is happy with the special master.

Motion by Commissioner O’Brien, seconded by Commissioner Higgs, to approve Option 1 to continue using the special master to hear all Code violation cases. Motion carried and ordered unanimously.

STAFF DIRECTION, RE: POLICY BCC-50, DISPLAYING UNITED STATES FLAG AT
HALF-STAFF

County Manager Tom Jenkins stated staff is seeking clarification from the Board as to who has the authority to fly the flag at half-staff; the County has had a policy for a number of years that says the Chairman can do that; however, the County was contacted by a VFW in Palm Bay questioning that. He advised the County Attorney has done research; it was articulated to the Board; and staff felt the Board should consider the matter.

Commissioner Cook stated the County Attorney indicates it is not a violation to allow the Chairman to do that; and inquired is he affirming the Board’s policy as it stands.

County Attorney Scott Knox responded the current policy is fine legally; and it is just a matter of whether the Board wants to keep it.

Commissioner Cook stated he has no problem with the Chairman continuing to do that; however, he would like to get a written response from the Office of Protocol as a backup to the County Attorney’s opinion.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve leaving Policy BCC-50, Displaying United States Flag at Half-staff, as it stands; and direct staff to request a written opinion from the Office of Protocol. Motion carried and ordered unanimously.

HOLD HARMLESS AGREEMENT WITH CHAPEL BY THE SEA, AND AUTHORIZE
EXPENDITURES TO MODIFY PRIVATE PROPERTY USED AS POLLING
PLACES, RE: ACCESSIBILITY FOR HANDICAPPED VOTERS

County Manager Tom Jenkins advised the VFW facility is no longer going to be used as a polling place, so it is only Chapel by the Sea now.

Commissioner O’Brien stated the County wants to accommodate the handicapped so they can vote; and Chapel by the Sea in Melbourne Beach does not have ramps for the handicapped.

Commissioner Higgs stated there is a ramp, but it does not have the angle.

Commissioner O’Brien stated the quandary is that the County would be spending public money on a private facility, such as a church or a VFW hall; and perhaps it could build a portable temporary ramp out of plywood.

Commissioner Cook stated they are used as public polling places; and there is some public interest in it.

James McClure stated he was quoted in the newspaper of last week as being the person who was denied because of physical liabilities and inaccessibility of the polling place; the concrete ramp at Chapel by the Sea is up a very steep hill; and it does not meet Code for accessible needs. He noted the handicapped parking is also in front of the Church, meaning one has to go down a hill to get to the ramp to find another steeper hill to get into the polling booth; and a friend who was with him was able to help him push up the ramp.

Commissioner Higgs inquired has the County done this kind of construction in other public facilities being used by the Supervisor of Elections for voting places; with Facilities Management Director Hugh Muller responding affirmatively. Mr. Muller stated the County needs to have full accommodation to ADA in order for the handicapped to use it for voting. Commissioner Higgs inquired if she has a conflict of interest since she is a member of Chapel by the Sea; with County Attorney Scott Knox responding negatively.

Commissioner Cook stated it is a public polling place; therefore, what the County is doing is a public purpose.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to execute Hold Harmless Agreement with The Chapel By The Sea to provide accessibility to polling locations for handicapped
voters; and authorize expenditures to modify private property used as polling places. Motion carried and ordered unanimously. (See page for Agreement.)

APPROVAL, RE: CONSTRUCTION MANAGER FOR EMERGENCY OPERATIONS CENTER
EXPANSION

Motion by Commissioner Scarborough, seconded by Commissioner O’Brien, to execute Pre-construction Phase Agreement with Mach III Design/Build, Inc. for construction of additions/renovations to the Emergency Operations Center; and approve negotiated fee for the pre-construction phase of the project. Motion carried and ordered unanimously. (See page
for Agreement.)

PERMISSION TO HOLD OUTSIDE MUSIC EVENT AND ACCEPT PERMIT APPLICATION
PACKAGE, RE: CITY OF TITUSVILLE AND ASTRONAUT HALL OF FAME

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant permission to hold an outside music event for the City of Titusville and Astronaut Hall of Fame, located at 6225 Vectorspace Boulevard, Titusville; accept the submitted medical personnel plan and security plan; and direct staff to make sure there is no conflict with the Conditional Use Permit (CUP). Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE, RE: FINAL PUBLIC HEARING FOR BROOKSIDE DRIVE/
PUESTA DEL SOL CANAL DREDGING MSBU

Motion by Commissioner Cook, seconded by Commissioner O’Brien, to grant permission to advertise final public hearing to be held on October 27, 1998, to consider resolution accepting improvements and adopting final assessment roll for Brookside Drive/Puesta Del Sol Canal Dredging MSBU Project. Motion carried and ordered unanimously.

AGREEMENT WITH COMMUNITY HOUSING INITIATIVE, INC., AND ASSOCIATION FOR
RETARDED CITIZENS OF BREVARD, INC., AND AMENDMENTS TO DISBURSEMENT AGREEMENTS WITH CITIES OF TITUSVILLE, MELBOURNE, AND PALM BAY, RE:
GROUP HOMES DEVELOPMENT

Motion by Commissioner Scarborough, seconded by Commissioner O’Brien, to execute Agreement with Community Housing Initiative, Inc. and Association for Retarded Citizens of Brevard, Inc. for acquisition of property and construction of two group homes for developmentally-disabled adults through funding from the HOME Program Community Housing Development Organization set-aside funds, to be owned and operated by the Association; execute Amendments to Disbursement Agreements with Cities of Titusville, Melbourne and Palm Bay for development of group homes; direct staff to obtain concurrences from the cities whenever such homes are built within the city limits; and to provide that the County will review the bid package. Motion carried and ordered unanimously. (See pages for Agreements and Amendments.)

AUTHORIZE NEGOTIATIONS WITH INTERNATIONAL GOLF MAINTENANCE, INC., RE:
EXTENSION OF AGREEMENT FOR MAINTENANCE OF GOLF COURSES

Motion by Commissioner O’Brien, seconded by Commissioner Higgs, to authorize negotiations with International Golf Maintenance, Inc. to extend its Agreement for maintenance of the golf courses for one year; and to go out for request for proposals for the following year. Motion carried and ordered unanimously.

AUTHORIZE APPLICATION TO DEPARTMENT OF ENVIRONMENTAL PROTECTION,
AUTHORIZE CHAIRMAN TO EXECUTE AGREEMENT, AND APPROVE BUDGET
CHANGE REQUEST, RE: FLORIDA RECREATION DEVELOPMENT ASSISTANCE
PROGRAM GRANT FOR LARGE PICNIC PAVILION AT PARADISE BEACH PARK

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize submission of an application for $100,000 Florida Recreation Development Assistance Program Grant from Department of Environmental Protection for reconstruction of a large group picnic pavilion at Paradise Beach Park; authorize the Chairman to execute Grant Agreement; approve Budget Change Request if grant is approved; and direct staff to inform Guy Spearman, County Lobbyist, of this grant application and any pending applications in case he can assist with obtaining approvals. Motion carried and ordered unanimously.

TECHNICAL FIRE REPORT DRAFT, RE: CITIZEN REVIEW AND COMMENT DEADLINE

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to extend the time period for receiving public comments on the draft copy of the Technical Fire Report to November 2, 1998. Motion carried and ordered unanimously.

AMEND SCAT PURCHASE OF SERVICE AGREEMENT WITH COASTAL HEALTH SYSTEMS,
INC., RE: NON-EMERGENCY MEDICAID TRANSPORT

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Amendment No. 5 to SCAT Purchase of Service Agreement with Coastal Health Systems of Brevard, Inc. for non-emergency Medicaid transportation services, extending the term to October 25, 1998. Motion carried and ordered unanimously. (See page for Amendment No. 5.)

DETERMINATION OF OVERRIDING PUBLIC INTEREST, RE: PARKER PLAZA ON
WICKHAM ROAD

Patricia Smith, representing Envirosmiths, Inc., stated they have done the environmental permitting for this project in conjunction with Allen Engineering, Inc.; the project is 19.25 acres of which 15.88 acres are wetlands; and they have developed 5.25 acres of the 15.88 acres of wetlands, leaving the remainder which is 10.63 acres as a conservation area. She stated of the 19.25 acres, 7.08 acres will be developed; they have done a series of alternative analyses and submitted them to the St. Johns River Water Management District trying to take advantage of pieces of uplands, reduce the impact to the smallest amount they could, still fit the project on the site, and include stormwater management; for the Water Management District permit they have included an onsite mitigation of enhancement of the remaining wetland; and the remainder will be mitigated by doing an offsite purchase of part of the Pine Island Project. Ms. Smith stated the permit through the Water Management District has already been approved; and they are currently under review by the Army Corps of Engineers.

Commissioner Cook stated this is a 10:1 ratio of mitigation and considering it is already zoned commercial, he will move it.

Motion by Commissioner Cook, seconded by Commissioner O’Brien, to make a determination of overriding public interest for Parker Plaza on Wickham Road, pursuant to Wetland Policy 5.2.F.2, subject to receipt of permits from St. Johns River Water Management District and Army Corps of Engineers. Motion carried and ordered; Commissioner Higgs voted nay.

PERSONAL APPEARANCE - NANCY FAZIO, RE: FIRE FIGHTER SUPPORT REFERENDUM

Nancy Fazio, Brevard County Professional Fire Fighter Association, stated on November 3, 1998, Fire Rescue will have the fire fighter support referendum placed on the ballot; they believe the referendum is one of the most important issues facing the voters of Brevard on that election day; due to the importance and positive effect that this referendum will have on this community, they believe an informed educated decision will help the citizens make the right choice; and the Union, along with Fire Rescue, would like to properly educate the citizens on the issue. She requested the Board publicly support the issue both verbally and financially; stated as long as the Board believes it is in the best interest of the citizens, it is within its legal rights to do so; it is somewhat its duty to be involved; and the Union has created a PAC Fund and is actively seeking donations in order to educate the citizens. Ms. Fazio advised an informational flyer has been created; by supporting the referendum publicly, the Board will enable them to show a united position; and provided a copy of the flyer to the Board. She noted there is a committee set up; and it is in the process of contacting homeowners associations to show them exactly where the monies are going.

Chairman Voltz inquired where would the funds come from; with Chief Bill Farmer responding the Public Safety Department can support the $20,000 out of reserves from various funds if it is the Board’s desire. Chief Farmer advised through the FEMA reimbursement from the fire storm, Public Safety will be able to replenish reserves in the course of the year.

Commissioner O’Brien stated he fully supports anything the Board can do to help the fire fighters accomplish this; the Board has participated in referendums of this type in the past that affected Brevard County; and it should give this referendum very serious consideration.

Commissioner Cook stated it is fundamentally wrong to use taxpayer dollars to promote a referendum; the idea of a referendum is to let the people decide; he is happy to support this as an individual and give a donation to the PAC; but it is not proper to take County funds to promote any referendum issue.

Commissioner Scarborough concurred with Commissioner Cook’s comments; stated it is very difficult to move from what is education to propaganda; he can support this individually; and every time a government has supported a referendum, it has gone down in burning defeat in Brevard County.

Commissioner Scarborough stated the citizens of Brevard County may not support the Board putting in $20,000; the $20,000 is the kiss of death; it will hurt the passage of the referendum; and for that reason he will vote against the request.

Ms. Fazio stated a united front and support by the Board will show the community that it believes this is in their best interest; as the leaders of the community it is part of the Board’s task; it may not have worked in the past, but they believe that together with the Union and Fire Rescue, it can happen; and she needs the Board to help them be the vehicle.

Commissioner Higgs stated there is a unanimous statement from the Board of support for this referendum; in 1994, the Board funded the Charter Commission to copy the Charter and educate on that point; there is a difference between educating and advocating; and she can feel comfortable that Fire Rescue could be authorized to publish an informational sheet as to what the referendum entails, what are the key questions about it, and answer those questions. She noted she is also ready on a personal basis to support the professional fire fighters efforts; she is ready to give a personal check today to show her support; in terms of educating, the Board can authorize Public Safety to publish an informational flyer or brochure, educational in nature, as opposed to advocacy; the fire fighters can go forward and advocate; and she is ready to support the allocation.

Discussion ensued concerning education and advocacy, spending taxpayers’ money to promote referendums, citizen driven and government driven, and private PAC.

Commissioner O’Brien stated the Board spends an enormous amount of other people’s money on the arts, economic development, and other things as well; and in order to get the message out and educate the public as to what the referendum is about, this is about the only method that can be used.

Chairman Voltz stated it is very important that the citizens know what is going on; and she believes this will be citizen driven.

Motion by Commissioner Higgs, seconded by Commissioner O’Brien, to authorize the Public Safety Director to expend up to $20,000 to inform citizens and answer questions in regard to the fire fighter support referendum. Motion carried and ordered; Commissioners Scarborough and Cook voted nay.

The meeting recessed at 10:11 a.m. and reconvened at 10:24 a.m.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATION OF
SEPTEMBER 1, 1998, ITEM 10, A. DUDA AND SONS, INC.

Chairman Voltz called for the public hearing to consider the Planning and Zoning Board recommendation of September 1, 1998, as follows:

Item 10. A. Duda and Sons, Inc.’s request for change from PUD to RU-1-13 on 54.42± acres located at the western terminus of St. Andrews Boulevard, which was approved by the P&Z Board with a Binding Development Plan requiring a minimum of 80' x 120' lot size, and 1,800-square foot homes.

Commissioner Cook stated he met with Hugh Evans, Mr. Julius and Mr. Vanderveen in his office yesterday; they have come up with a Binding Development Plan (BDP) that is acceptable and they have reached a consensus with the homeowners adjacent to the development; and the BDP has been submitted.

There being no further comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner O’Brien, to approve Item 10 from PUD to RU-1-13 with a Binding Development Agreement. Motion carried and ordered unanimously. (See pages
for Binding Development Agreement and Zoning Resolution.)

APPROVAL, RE: ECONOMIC DEVELOPMENT TAX ABATEMENT PROGRAM GUIDELINES

Chas Hoyman, Chairman of the Ad Valorem Tax Abatement Committee and Member of the EDC, stated over the last few months the Committee has met on numerous occasions to discuss the guidelines which the Board has before it; the Committee sought information and talked to the Commissioners about this ad valorem tax abatement; and it has listened to the Board’s concerns and worked out some revisions to the guidelines. He advised the Committee also looked at other counties in the State of Florida and received information as to how they were implementing the ad valorem tax abatement; some of the counties give a blanket 100% abatement for 10 years for anyone that comes in; other counties have guidelines; and very few of them have as stringent guidelines as Brevard County has. Mr. Hoyman stated the Committee met in August, 1998, reviewed the various guidelines, and came up with recommendations; the companies who make the most significant capital investment in either building or equipment, or create the highest paying jobs receive the highest benefit, which is the 10 years at 100% abatement; the companies which have less of a capital investment or average wage receive a lesser abatement and a shorter time frame; and the Committee revised the guidelines to make it equal for companies that are expanding or new to Brevard County.

Lynda Weatherman, President of the EDC, stated the EDC uses the Tax Abatement Program as the local match to get statewide incentives that are available that normally require a cash match; this is a Program that is good for immediate local incentives for companies that are looking to expand in this area or relocate, and the EDC does not have to come to the Board every time it wants to go for a QTI and ask for a matching cash grant.

Commissioner Cook inquired is this giving less of an incentive to small businesses; and stated small businesses are the backbone of the Nation.

Mr. Hoyman stated it is less abatement for smaller businesses, but in relative terms, it is still a significant advantage to them; to some businesses, the minimum capital investment is a very high amount; to larger companies the maximum amount is a very large amount; there are guidelines to go by; and from time to time, based on specific facts and circumstances, the EDC may go outside the guidelines to make a recommendation to the Board.

Commissioner Scarborough stated he would like to see no differential between the large and the small employer, and it is based upon length of exemption; and he does not want to give the signal that Brevard County is after the big companies exclusively, and it is interested in small groups.

Motion by Commissioner Scarborough, seconded by the Commissioner Cook, to approve removal of the differential of number of employees from the Tax Abatement Program Guidelines.

Commissioner O’Brien stated he is a big supporter of small businesses; he is not sure he goes along with making this a step plan similar to his IRS taxes, and if someone makes more money they pay in a different bracket; and he would like to see what other counties do.

Ms. Weatherman stated a lot of communities do 100% for 10 years; they did not have a policy; and their policy was providing the maximum savings. She noted the other communities where the EDC saw some differential is where they gave everyone 100% and then focused on the length of exemptions; and it was tied mostly to jobs. She noted the only one the EDC saw that was considered the most sophisticated was a program in Shelby County, Tennessee; such County looked at number of jobs, capital investment, and wages; and those are the three criteria the EDC has. She stated the premise of this is if there is going to be more of a capital investment into an area, there is going to be more of a savings; and it can be done for a smaller company also.

Commissioner Higgs stated her concern all along has been that Brevard County needs to be supporting its local businesses who are here and have been contributing for years; she likes that approach better than some other blanket approach that treats everyone the same; the small business that is here and has 10 employees and adds 10 employees is a significant investment long term in this community; that is the kind of incentive she wants to see; and the County should have incentives for the people who have been here and contributed for a long time.

Commissioner Cook stated it is an advantage to small business to take away the arbitrary number of employees.

Commissioner O’Brien inquired is the system broken; with Ms. Weatherman responding negatively.

Discussion proceeded concerning incentives to existing businesses, capital investment, percentages, tweaking existing criteria, disincentive to smaller business, salary of employees, number of employees being brought on-line, and differentiation between existing business.

Commissioner Scarborough inquired is there any disincentive to the small person compared to the big person; with Ms. Weatherman responding affirmatively. Commissioner Scarborough inquired if the Board tweaks the old criteria, does he have a problem with the small person only getting five years exemption and not 10; with Mr. Hoyman responding affirmatively. Commissioner Scarborough stated there lies the reason for his motion; and this is removing the idea of the big person being favored in Brevard County concerning length of the exemption.

Commissioner Cook stated he supports Commissioner Scarborough’s motion as it puts businesses on an even playing field with regard to the number of employees.

Commissioner Higgs stated the Board needs to look at the whole issue as a package; there are different criteria it should apply to existing businesses who are operating in Brevard County; it should include a recognition that the number of employees will not be as great; and it needs to look at wage rates and capital investments.

Commissioner Cook stated if the County goes to the 10 employees it is a real incentive for small businesses which need to be encouraged more in the local community; it needs to encourage the businesses that are already here; it also wants to promote the other businesses and bring them in; but the real jewels in Brevard County from a business standpoint are the small businesses here that are creating jobs and moving the economy.

Chairman Voltz called for a vote on the motion to approve removal of the differential of number of employees from the Tax Abatement Program Guidelines. Motion carried and ordered; Commissioners O’Brien and Higgs voted nay.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve less than $25,000 as zero points, $25,000 as one point, $35,000 as two points, $45,000 as three points, and $55,000 or above four points.

Commissioner O’Brien suggested $25,000 as one point, $45,000 as two points, $55,000 as three points, and $65,000 and above as four points.

Commissioner Higgs stated she supports having a minus one included; but she is not comfortable with the way the Board is moving the numbers around. Chairman Voltz requested the EDC provide the Board with several different scenarios.

The Board reached consensus to direct the Economic Development Commission of Florida’s Space Coast to return on October 13, 1998 at 5:30 p.m. with examples, reasons pro and con for the rating by wages, and how to be fair to small businesses.

PUBLIC HEARING, RE: DETERMINATION OF VESTED RIGHTS FOR SUBDIVISION OF
3± ACRES OF LAND INTO TEN PARCELS (DONALD AND PATRICIA MCMILLAN)

Chairman Voltz called for the public hearing to consider determination of vested rights for subdivision of 3± acres of land into ten parcels (Donald and Patricia McMillan).

Attorney Philip Nohrr, representing the applicants, stated the Board has a package which includes the application and affidavits; and requested it be made part of the record. Attorney Nohrr stated the McMillans own 3.1 acres of land in South Melbourne Beach; the property is located on the south side of Mar Len Drive and has a depth of 107 feet; and the staff has prepared a memorandum which sets out the vested rights criteria. He noted in the summer of 1992, the McMillans, through their agent, started a process to create 11 buildable lots; on the north side of Mar Len Drive, there is a subdivision already in place; it has homes built on it; and they are basically the general size that the McMillans’ lots were trying to create. Attorney Nohrr advised the McMillans’ consultant met with staff person Greg Jones and discussed what would need to be done to create these lots; it was specifically discussed at that time that they would not have to go through a formal subdivision platting as the road was already in; and the lots could be created by metes and bounds description. He stated the key to this was the putting in of a water line because without a water line, the lots would have to be one-half acre in size to meet the HRS requirements; there are memoranda from one of the consultants that say they were told they had to deed the lots; Mr. Mosby will indicate there was some confusion about that and what they thought they could do was record a survey with the metes and bounds description; the survey was recorded; and it is the lack of the deed that is causing the particular problems. Attorney Nohrr stated what is not in dispute is what the McMillans did over the next few months; they came to the Board and asked for the east portion of the property to be rezoned; during that process, they indicated they were trying to create 11 buildable lots and the Board acted upon it; and the McMillans spent in excess of $38,000 for the planning and installation of the water line to include getting all of the applicable permits. He stated the McMillans were operating in good faith and attempting to comply with the process as set forth by the County; and they got confused in the process and recorded the surveys rather than the metes and bounds.

Attorney Nohrr requested Mr. Mosby explain to the Board why he advised the McMillans to record the survey rather than the deed; with Randy Mosby, Mosby and Associates, responding he was instructed by Greg Jones that they could divide the property by recording the legal descriptions by metes and bounds descriptions. Attorney Nohrr inquired is Mr. Mosby aware that in his files there are notes from Steve Cooper that said it called for recording deeds; with Mr. Mosby responding affirmatively. Attorney Nohrr inquired was Mr. Mosby ever personally told that by staff; with Mr. Mosby responding negatively. Attorney Nohrr stated apparently Mr. Mosby had discussions with staff and was told he could record surveys; then Mr. Cooper, who works for Mr. Mosby, got involved and dealt with County staff; and then there were memoranda in which Mr. Jones told Mr. Cooper to record deeds. He noted that information did not get to Mr. Mosby and he was relying upon an earlier conversation he had with Mr. Jones to record the metes and bounds description. He stated unfortunately there is no written directive from staff to Mr. Mosby or the McMillans saying they need to do A, B and C; and these are all oral conversations that took place. He advised the McMillans have tried in good faith to comply; he believes they have met the County’s criteria; there was an act or admission by the County staff; it was clear that staff was telling the McMillans, through their advisors, that they could create these lots without a formal subdivision; and it was clear that the McMillans relied upon it and spent considerable sums of money. Attorney Nohrr stated it would certainly be unjust if the McMillans were not allowed to develop their property.

Helen Tricas and Henry Campbell advised of their opposition to the request by Donald and Patricia McMillan due to high density housing and increased traffic.

Commissioner O’Brien stated if the McMillans had done the deeding of the property, then Attorney Nohrr would not be at the meeting today; with Attorney Nohrr responding affirmatively. Attorney Nohrr advised it was not done the correct way and it was done another way. Commissioner Cook inquired can the McMillans go back and do it again; with Attorney Nohrr responding in February, 1993, the Board had a land use change which downzoned it, so the McMillans cannot go back now and change it.

Commissioner Higgs inquired when was the actual construction of the water line; with Attorney Nohrr responding the water line permits were in the Spring of 1993 and the construction would have been after the land use change was implemented. Commissioner Higgs noted it was after the land use change when actual expenditure of funds occurred; with Attorney Nohrr responding some of the expenditures were beforehand and it continued on into the Spring of 1993. Commissioner Higgs stated in this case, the McMillans did not meet the criteria that were set out by County staff; those notes are a part of the record; regarding investment in a water line, today those lots will be more valuable because of the ability to connect to the city’s water; and that investment will be recouped when those lots are sold. She noted that value is not lost; the County should not assume that value of the water line itself is lost, so the question is whether or not the McMillans did what was necessary to vest; and based on the information she has, they did not do that and they did not deed the property nor some of the other things that individuals did in order to vest their property. Commissioner Higgs stated the Board has seen over the past years a number of items where people have vested prior to the Comprehensive Plan change; they did the site planning and submitted it, and did what was necessary to vest their property; the McMillans did not do that; and she cannot support a vested rights on this item. Commissioner Higgs stated in three places on the information it talks about deeded; and it is pretty clear in the record that the McMillans did not deed the lots. She inquired does the County vest lots based on a survey; with Planning and Zoning Director Mel Scott responding affirmatively. Mr. Scott advised there are two situations when it is done; if AU less than 2 ½ acres prior to March 6, 1975, and GU less than five acres are recorded prior to May 20, 1975, the County will accept the recorded surveys; there are very specific situations; that instance occurs mostly in West Canaveral Groves; and it is stated in the Code very specifically.

Commissioner Cook inquired why would it not be vested in this case. Commissioner Higgs responded the County does it specifically in those two instances; it sets up an exception to the standard; those two instances are the exception; and that is it.

Commissioner Cook inquired does the Code specifically say that the County cannot look at these types of recordings as vested.

County Attorney Scott Knox responded the Code says if the Board were to determine that Mr. Jones made representation to someone that they could fall in that procedure, that could be the basis for vesting their lots, and they did that and expended money based upon that representation, then the Board could find vested rights; and the question here is whether or not Mr. Jones did that or did it by deed.

Commissioner Cook inquired does Mr. Jones deny it or confirm it; with Mr. Scott responding Mr. Jones denied dispensing this advice. Mr. Scott stated there are two pieces of advice that staff has to be very clear on for vesting properties, and they either do it by deed or plat.

Commissioner Scarborough stated everyone makes mistakes; confusion on the part of the applicant cannot be a methodology of granting vesting; vesting comes upon a clear showing that the County has misled; and it is not shown in this particular case.

Discussion ensued concerning metes and bounds, vested rights, confusion by the applicant, setting precedent, documentation on deeding, water line, variance, site plan and subdivision plan, and the Comprehensive Plan.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to deny vested rights for Donald and Patricia McMillan concerning dividing of 3± acres into 10 parcels in the South Melbourne Beach area; and approve that the filing fee for vested rights determination be applied to the variance application. Motion carried and ordered; Commissioners Cook and Voltz voted nay.

The meeting recessed at 11:55 a.m. and reconvened at 12:03 p.m.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER
78, ARTICLE III, USE OF PARKS

Parks and Recreation Director Chuck Nelson stated staff is attempting to clean up the language in the Parks Ordinance, particularly in light of the EELS Program now being a part of the Parks and Recreation Department; it wanted to include watercraft as a definition in vehicles, clarify posting of signs to make sure there was a permit, allow feeding of animals with the exception of those areas that were identified and prohibited by the Parks and Recreation Director due to health, safety or habitat management issues or problems, and permit hunting. He noted there is water fowl hunting that had been discussed previously at Pine Island; the County needs to be more aggressive in its handling of the feral pig population in parks and endangered lands; have a permit issued for sleeping, camping and lodging in other areas; and staff would like to remove the exception to poisonous snakes.

Helen Filkins stated originally what was going to be requested of the Board was to forbid the feeding of feral cats and someone would have to obtain a permit to do this; it is turning the clock back; now children cannot feed animals and they have to let the cats starve; and it does not solve anything. She noted the cats are there because they were dumped; the problem will not go away by not feeding the cats; and if they are being fed, it means they are not suffering that much. She stated it is government intrusion in her life; and if she wants to feed animals to keep them from starving and suffering, it is horrifying that she cannot do that.

Susan Canada stated this section has been changed, but it leaves too much to the discretion of a person who was originally not going to allow feeding of animals, birds and reptiles; this shows the lack of knowledge on animals, as birds and reptiles are animals; there are already state laws on feeding alligators and other wildlife; many of the elderly feed the birds and so do the children. She noted it is teaching children to be desensitized to the needs of animals; once someone takes away the cats’ food, they get disoriented and diseased; normally they are afraid and they will run; the County is trying to pass an ordinance that is as unenforceable as dumping the cats; and there should be a sign up in all the parks saying it is illegal to dump cats. Ms. Canada stated the public needs to be educated; the County needs to implement a Countywide spay/neuter plan; the County is putting the Parks and Recreation Director in charge to decide what needs to be done where cats have become a nuisance or safety problem; Animal Services and Enforcement Department should be in charge; and this violates the First Amendment and her civil rights in reference to feeding of animals.

Discussion proceeded concerning abandonment of animals in parks, feeding of animals, health and safety issues, and habitat management issues.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorize the Parks and Recreation Director to advertise a public hearing to consider an ordinance amending Chapter 78, Article III, Use of Parks, amending Section 78-116, Hunting, Molesting Wildlife, to read, “The feeding of animals is permitted, except in areas where said feeding would create a health and safety hazard as determined by the Parks and Recreation Director”; and include abandoning of animals in parks is prohibited. Motion carried and ordered unanimously.

Commissioner Higgs stated the County needs to leave in the habitat management problem as it enhances the ability to manage County lands; and it would be good to leave it in.

Commissioner Cook requested staff provide for habitat management separately in appropriate management plans which will come back to the Board.

LEASE AGREEMENT WITH COMMERCIAL INVESTMENT REAL ESTATE, INC., RE:
SPACE FOR PARKS AND RECREATION CENTRAL AREA OFFICE

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to table Lease Agreement with Commercial Investment Real Estate, Inc. for the Parks and Recreation Central Area Office space until October 13, 1998, at 5:30 p.m. Motion carried and ordered unanimously.

ASSIGNMENT OF OPTION TO PURCHASE WITH THE NATURE CONSERVANCY, RE:
NOHRR PROPERTY IN TEN-MILE RIDGE OF COASTAL SCRUB ECOSYSTEM CARL
PROJECT

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to execute Assignment of Option to Purchase with The Nature Conservancy for acquisition of the Nohrr property in the Ten-mile Ridge area of the Coastal Scrub Ecosystem CARL Project. Motion carried and ordered unanimously. (See page for Assignment.)

PUBLIC COMMENT

James McClure stated the Williams Building/Spessard Holland Community Building is deteriorating and does not have accessibility to the physically challenged; and inquired what is the planned agenda to change these discrepancies at this time.

Commissioner Higgs concurred that the building is deteriorating; stated it is a very old building; there have been discussions with people in Melbourne Beach who have historical concerns and do not seem willing to step forward at this point to preserve it; the initial plan was to fix it; and it is a very costly adventure. She noted they felt the cost exceeded the value that could be received by the community in repairing it; they backed off of repairing it to look at overall what it was going to be; they put some paint on it so it would not look quite as bad as it did; and it has a number of problems, including accessibility inside and out. Commissioner Higgs stated the difficulty is it will be so expensive to fix it; and the County has embarked in talking with the community on several occasions as to what it could do.

Mr. McClure stated being inside the building not only is a detriment for the physically challenged, but it is also a hazard for anyone who might be utilizing that building; and he would request the Board take some kind of action to either replace the building or stop the usage of it.

Commissioner Higgs stated there are some groups who use the building and find it acceptable for their uses; but it is not acceptable for all uses; and she will work with Mr. Nelson and get a report.

Henry Campbell stated there is a great bikepath that starts at Melbourne Beach and goes all the way to Sebastian; the complaint he has is with government entities; and they do not trim the bushes which get in the way of the bikepaths.

Commissioner Higgs suggested the County Manager look into it.

Mr. Campbell stated the Williams building has been around a long time; it has some historical significance; the Space Coast Runners holds its annual New Years Eve run from there; and they can use the facility.

Nelly Strickland stated all of the fire problems have been resolved; she went to Palm Coast last night to attend the evening session; she was running late; the meeting adjourned 30 minutes after the session was open; and she resents it. She noted one of the suggestions she has is having fire drills; stated it has not been done lately; any safety manager should work an internship; the fire report is not complete; and what has been carefully avoided is which fire department put out what fire at what house.

Chairman Voltz stated the County has extended the time period to comment on the report until November 2, 1998.

Ms. Strickland stated she would like to see the FEMA files; communications were poor and there were not good instructions given; it is a tremendous catastrophe to cope with; she has a report stating there were 50 to 75 trucks sitting along U.S. 1 in Mims; and if someone does not know what to do with what, they should not be where they are. She noted she wants to know who in Forestry or who ordered Forestry to send fire people out of Golden Shores Boulevard.

Chairman Voltz stated Ms. Strickland has a lot of questions that the Board does not know how to answer, and requested she put them in writing. Ms. Strickland noted she wants the answers; with Chairman Voltz responding so does the Board.

Commissioner Scarborough stated a letter was sent to individuals in the fire-affected areas; and it indicates anyone who wants to get a copy of the report can get one.

Ms. Strickland stated there are a lot of people in North Brevard who are suffering; there is no need for it; water is needed up there and it should be available as it is available all over the County.

Commissioner Higgs stated there are significant areas of the south part of the County where there are not fire hydrants; and she does not have a fire hydrant on her street.

Chairman Voltz stated the County can do all of that, but it costs money; with Ms. Strickland responding the people of North Brevard have paid their taxes for a lot longer than some of the newer communities.

Commissioner Higgs stated the newer communities that have water, when they are developed, the water lines and the fire hydrants are in.

Ms. Strickland inquired why did it not happen in North Brevard; and stated it was an oversight on somebody’s part. Chairman Voltz responded it is old regulations.

Commissioner Scarborough stated Port St. John developed very densely; the people opted to pay annual payments so they could have water lines run in their community; the water lines went in street by street because the people were paying; if he buys into a developed subdivision, the developer puts it in first; and then he buys it when he purchases his lot and it is part of the cost. He noted the County has the capacity to put certain types of wells out there without a cost to the people; if the County is going to do it, it needs to discuss doing it for all areas; and the fire could have been easily in the Canaveral Groves area.

Ms. Strickland stated the County needs to have a plan to supply water to certain areas each year.

WARRANT LIST

Upon motion and vote, the meeting adjourned at 1:00 p.m.

ATTEST:
__________________________________
HELEN VOLTZ, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
_________________________
SANDY CRAWFORD, CLERK

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