MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS BREVARD COUNTY, FLORIDA August 19, 1997

The Board of County Commissioners of Brevard County, Florida, met in regular session on August 19, 1997, at 9:06 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Randy O?Brien, Commissioners Truman Scarborough, Nancy Higgs, Mark Cook and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

 

The Invocation was given by Commissioner Nancy Higgs.

 

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

 

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the Minutes of the July 16, 1997 Regular Meeting. Motion carried and ordered unanimously.

 

RESCHEDULE, RE: AGENDA ITEMS

County Manager Tom Jenkins requested Item III.D. 4, Renewal of Contract with Vision Service Plan, Re: Prepaid Vision Services, be rescheduled on the August 26, 1997 Agenda.

Commissioner Higgs requested Item III.A.16 be moved to Section VII for discussion. Commissioner Cook requested Item III.B.2 be moved to Section VII for discussion.

 

REQUEST, RE: INFORMATION ON BUILDING CONDITION

Commissioner Cook advised the County is considering refinancing the Certificates of Participation; and requested the County Manager ask Mr. Muller to provide a report on the condition of the buildings.

 

NOMINATION, RE: CONTRACTORS LICENSING BOARD

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to nominate Alan Byer, Melbourne Deputy Building Official, for position of Fire Safety representative on the Contractor?s Licensing Board. Motion carried and ordered unanimously.

 

 

 

INQUIRY, RE: INSTALLATION OF ATM MACHINE AT GOVERNMENT CENTER

Commissioner Voltz requested an update on the proposal to install an ATM machine at the Government Center. County Manager Tom Jenkins advised he will report back. Commissioner Cook stated the Board agreed to consider it if no fees were to be charged. Commissioner Voltz stated Congress is preparing to do away with all the fees.

 

DIRECTION, RE: AGENDA FORMAT

Chairman O?Brien requested items removed from the Agenda for discussion be identified on the Agenda by Commissioner or Department removing the item.

 

RESOLUTION, RE: COMMENDING HONORABLE LISA D. KAHN

Chairman O?Brien read aloud a resolution recognizing the Honorable Lisa D. Kahn for her leadership and contributions as Chairman of the Brevard County Domestic Violence Task Force.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to adopt Resolution recognizing the tireless efforts and dedication of the Honorable Lisa D. Kahn for her leadership and contributions as Chairman of the Brevard County Domestic Violence Task Force. The Board reached consensus to adopt the Resolution. (See page                                   for Resolution No. 97-150.)

 

Carmen Contreras Shrum, incoming Chairman of the Brevard County Domestic Violence Task Force, accepted the Resolution for presentation to Judge Kahn at a reception to be held at 5:00 p.m. this afternoon, and invited the Board to the reception.

 

RESOLUTION, RE: EXTENDING APPRECIATION TO THE OLIN FOUNDATION

Commissioner Cook read aloud a resolution extending appreciation to The F. W. Olin Foundation for its $50 million grant to Florida Institute of Technology.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution expressing appreciation to The F. W. Olin Foundation for its grant to Florida Institute of Technology. Motion carried and ordered unanimously. (See page                                   for Resolution No. 97-151.)

 

Dr. Lynn Edward Weaver, F.I.T. President, advised the grant will allow F.I.T. to go to the next level of development, to become the premiere technology university in the Southeast.

Commissioner Cook stated the County is proud of F.I.T., and the grant will help advance the educational needs of the community.

 

RESOLUTION, RE: COMMENDING SHANIN LEEMING

Chairman O?Brien read aloud a resolution recognizing Shanin Leeming for being selected the 1997 National Grand Prize Winner and for her dedication to animals and the community.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to adopt Resolution recognizing Shanin Leeming for being selected the 1997 National Grand Prize Winner of the Humane Society Be Kind to Animals Kid. Motion carried and ordered unanimously. (See page for Resolution No. 97-152.)

 

Chairman O?Brien advised Clara Gunde and Mrs. Leeming nominated Shanin for the award; Shanin has been featured in many national magazines; and she appeared on nationwide television while on her prize trip to Hollywood, California.

Shanin Leeming stated all the work you do always comes back to you; and demonstrated the skills of the dog she is training as a guide dog.

Sister Ann O?Sullivan, Principal of Divine Mercy School, advised she is proud of all the work Ms. Leeming has done.

Chairman O?Brien presented the Resolution to Ms. Leeming.

 

CONTRACT WITH THE VIERA COMPANY, RE: INFRASTRUCTURE IMPROVEMENTS IN VIERA,

TRACT K, PHASE II

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Contract with The Viera Company for infrastructure improvements in Viera, Tract K, Phase II. Motion carried and ordered unanimously. (See page                                   for Contract.)

 

FINAL ENGINEERING APPROVAL, RE: ISLAND SOUTH SUBDIVISION

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant final engineering approval for Island South Subdivision, subject to minor engineering changes as applicable. Motion carried and ordered unanimously.

 

FINAL ENGINEERING APPROVAL, RE: SOUTH SHORES/RIVERSIDE SUBDIVISION

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant final engineering approval for South Shores/Riverside Subdivision, subject to minor changes as applicable. Motion carried and ordered unanimously.

 

 

FINAL PLAT APPROVAL, RE: SUNTREE NORTH, PHASE III, SUBDIVISION F

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant final plat approval for Suntree North, Phase III, Subdivision F, subject to minor changes if necessary and receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all jurisdictional permits. Motion carried and ordered unanimously.

 

WAIVER OF SPECIAL EVENT SIGN REQUIREMENTS, RE: UNITED WAY OF BREVARD

COUNTY

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to waive fees and time constraint requirements for one special event sign for The United Way of Brevard County to be on display from September 10, 1997 through November 12, 1997. Motion carried and ordered unanimously.

 

AGREEMENT WITH CITY OF PALM BAY, RE: PEDWAY ON DELMUNDO STREET FOR

CHRISTA MCAULIFFE ELEMENTARY AND JUPITER ELEMENTARY SCHOOLS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Interlocal Agreement with the City of Palm Bay for the design/construction of a pedway on Delmundo Street for Christa McAuliffe Elementary School, and at the rear of Jupiter Elementary School. Motion carried and ordered unanimously. (See page                                   for Agreement.)

 

APPROVAL, RE: TEMPORARY LOAN FROM SOLID WASTE TO ROAD AND BRIDGE

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve a temporary loan not to exceed $350,000 from Solid Waste Department Fund 4310, to Road and Bridge Program Fund 1420. Motion carried and ordered unanimously.

 

AUTHORIZATION FOR COUNTY MANAGER OR DESIGNEE, RE: ADJUSTMENT OF VARIABLE

INTEREST RATES FOR MSBU ASSESSMENTS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant administrative authority to the County Manager or designee to authorize adjustment of interest rates within the applicable MSBU projects on a quarterly basis. Motion carried and ordered unanimously.

 

RESOLUTION SETTING PUBLIC HEARING, RE: PRELIMINARY ASSESSMENT ROLL FOR

RANCHWOOD COURT WATER MSBU

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution setting public hearing for September 9, 1997 to consider a resolution confirming the preliminary assessment

RESOLUTION SETTING PUBLIC HEARING, RE: PRELIMINARY ASSESSMENT ROLL FOR

RANCHWOOD COURT WATER MSBU (CONTINUED)

roll for Ranchwood Court Water MSBU. Motion carried and ordered unanimously. (See page                                   for Resolution No. 97-153.)

 

RESOLUTION SETTING PUBLIC HEARING, RE: PRELIMINARY ASSESSMENT ROLL FOR

FLORA & FAUNA WATER MSBU

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution setting public hearing for September 9, 1997, to consider a resolution confirming the preliminary assessment roll for Flora and Fauna Water MSBU. Motion carried and ordered unanimously. (See page                                   for Resolution No. 97-154.)

 

RESOLUTION SETTING PUBLIC HEARING AND WAIVER OF FEES, RE: VACATING RIGHTS-

OF-WAY IN MELBOURNE HEIGHTS, SECTION C - BOARD OF COUNTY COMMISSIONERS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution setting public hearing for September 30, 1997, to consider a resolution vacating rights-of-way in Melbourne Heights, Section C as petitioned by the Board; and waive the vacating fee. Motion carried and ordered unanimously. (See page                                   for Resolution No. 97-155.)

 

AMENDMENT TO LEASE AGREEMENT WITH THE ASSOCIATION FOR RETARDED CITIZENS

BREVARD, INC., RE: USE OF GIBSON COMPLEX COMMUNITY CENTER

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Amendment to Lease Agreement with The Association for Retarded Citizens Brevard, Inc. (ARC) for use of space at Gibson Complex Community Center, extending term of Agreement to August 16, 1999. Motion carried and ordered unanimously. (See page                                   for Amendment.)

 

PERMISSION TO BID, RE: RE-ROOFING OF FIRE STATION 24 AND AIR CONDITIONING

RELOCATION AND REPLACEMENT

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant permission to bid re-roofing, and relocation and replacement of air conditioning units at Fire Station 24 in Cocoa. Motion carried and ordered unanimously.

 

APPROVAL TO PARTICIPATE IN MARCH OF DIMES EVENT, RE: BLUE JEANS FOR BABIES

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve participation in the March of Dimes "Blue Jeans for Babies" event scheduled during the months of August and September, 1997. Motion carried and ordered unanimously.

TERMINATION OF AGREEMENTS WITH ABD JANITORIAL SERVICES, RE: JANITORIAL

SERVICES IN CENTRAL AND SOUTH BREVARD

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to terminate Agreements with ABD Janitorial Services for janitorial services in the Central and South Complex areas for failure to perform duties in accordance with contract requirements. Motion carried and ordered unanimously.

 

AUTHORIZATION FOR PARKS AND RECREATION DIRECTOR TO EXECUTE, RE: LAND USE,

CONSTRUCTION AND/OR ENVIRONMENTAL PERMIT APPLICATIONS FOR PARK

PROJECTS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize the Parks and Recreation Director to execute land use, construction and/or environmental permit applications for parks projects on behalf of Brevard County. Motion carried and ordered unanimously.

 

AGREEMENTS WITH AMERICAN CANCER SOCIETY, RE: USE OF GOLF CARDS AT

SPESSARD HOLLAND, HABITAT AND SAVANNAHS GOLF COURSES

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreements with the American Cancer Society for discount golf cards at Spessard Holland, Habitat at Valkaria and Savannahs Golf Courses. Motion carried and ordered unanimously. (See pages for Agreements.)

 

CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD, RE: DRUG CONTROL AND

SYSTEM IMPROVEMENT (EDWARD BYRNE) GRANT

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Certificates of Acceptance of Subgrant Awards for Brevard County Drug Court IV, Juvenile Crime Data System IV, Teen Court I, and Domestic Violence Support and Referral Program II. Motion carried and ordered unanimously. (See pages for Certificates of Acceptance.)

 

APPROVAL OF BUDGET CHANGE REQUESTS, RE: TRANSFER OF FUNDS FROM TDC FOR

COASTAL CONSULTANT ASSISTANCE

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Budget Change Requests increasing beach management funding through a transfer of $90,000 from the Office of Tourism Development to Office of Natural Resources Management for coastal consultant assistance through the Interlocal Agreement with Canaveral Port Authority. Motion carried and ordered unanimously. (See pages for Budget Change Requests.)

 

 

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: LEACHATE PIPING AND

STORAGE TANK REHABILITATION PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant permission to bid, award bid to low qualified bidder, and authorize the Chairman to execute contract for the Central Disposal Facility?s Leachate Piping and Storage Tank Rehabilitation Project. Motion carried and ordered unanimously. (See page for Contract.)

 

PERMISSION TO BID, RE: YARD TRASH AND WOOD WASTE MULCHING AND SCREENING

SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant permission to bid yard trash, wood waste mulching and screening services for the processing of debris delivered to the County?s solid waste facilities. Motion carried and ordered unanimously.

 

TASK ORDER NO. 3 WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC., RE: RECLAIMED

WATER LINE DESIGN

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Task Order No. 3 with Post, Buckley, Schuh & Jernigan, Inc. in the amount of $51,300 for the design of a reclaimed water main extension. Motion carried and ordered unanimously. (See page for Task Order No. 3. )

 

CHANGE ORDER NO. 1 WITH INDIAN RIVER INDUSTRIAL CONTRACTORS, INC., RE: SOUTH

BEACHES 2 MGD TREATMENT PLANT REHABILITATION

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Change Order No. 1 to Agreement with Indian River Industrial Contractors, Inc. for the South Beaches 2 MGD Treatment Plant Rehabilitation, decreasing contract amount by $5,922 for addition of chlorine solution line and deletion of floor replacement. Motion carried and ordered unanimously. (See page                                   for Change Order No. 1.)

 

CHANGE ORDER NO. 1 WITH M. D. UTILITY CONTRACTORS, INC., RE: SOUTH PATRICK

DRIVE FORCE MAIN RELOCATION

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Change Order No. 1 to Agreement with M. D. Utility Contractors, Inc. for South Patrick Drive Force Main Relocation, increasing contract amount by $12,000 for new contract total of $539,900 for replacement and relocation of the 20-inch and 24-inch diameter force mains on the west side of a portion of South Patrick Drive to accommodate road widening scheduled by the Florida Department of Transportation. Motion carried and ordered unanimously. (See page                                  for Change Order No. 1.)

 

REMOVAL FROM INVENTORY, RE: ITEMS STOLEN FROM WATER RESOURCES

DEPARTMENT

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve removal of two stolen 800 MHZ radios PR#204-1450 and 204-1196, from the Water Resources Department inventory. Motion carried and ordered unanimously.

 

ACKNOWLEDGE RECEIPT, RE: CHILDREN?S SERVICES COUNCIL QUARTERLY FINANCIAL

REPORT

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to acknowledge receipt of the Children?s Services Council Quarterly Financial Report, from April 1, 1997 through June 30, 1997. Motion carried and ordered unanimously.

 

APPROVAL OF WORKERS? COMPENSATION SETTLEMENT, RE: DAVID MCDOWELL

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the negotiated Workers? Compensation settlement with Ralph David McDowell in the amount of $60,000 plus attorney?s fees of $9,750. Motion carried and ordered unanimously.

 

APPROVAL OF CONTRACT WITH EMPLOYEE BENEFIT PLANS, INC. AND AHL, RE:

COMPUTERIZED ENROLLMENT SERVICES, AND REIMBURSEMENT ACCOUNT SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve recommendation of the Employee Insurance Advisory Committee that Employee Benefit Plans, Inc. be selected as vendor for computerized enrollment services, and AHL Insurance Company be selected as vendor for Section 125 reimbursement account services; and authorize the Chairman to execute the associated contracts and plan documents, subject to approval by Risk Management and the County Attorney. Motion carried and ordered unanimously. (See pages for Contracts.)

 

APPROVAL, RE: TAX COLLECTOR?S PROPOSED COSTS FOR ADMINISTRATION OF

OCCUPATIONAL LICENSES FOR FY 1997-98

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve $200,729 as the proposed cost to the Tax Collector for administration and collection of occupational licenses from August 1, 1997 through July 31, 1998. Motion carried and ordered unanimously.

 

APPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to appoint Michael Wiedman to the Contractors Licensing Board replacing Robert Harrison, Shelly Gardner to the APPOINTMENTS, RE: CITIZEN ADVISORY BOARDS (CONTINUED)

Employee Benefits Advisory Committee replacing Les Forsberg, and Shirley Holbrook to the Port

St. John Public Library Advisory Board replacing Helen Rutenber. Motion carried and ordered unanimously.

 

PUBLIC HEARING, RE: RESOLUTION VACATING PARKS IN PLAT OF KELLY PARK -

FRANCIS K. GROOMS

Chairman O?Brien called for the public hearing to consider a resolution vacating parks in Plat of Kelly Park as petitioned by Francis K. Grooms; and advised the item has been before the Board twice previously.

Interim Code Compliance Director Ed Washburn advised the applicant requested the item be continued to September 9, 1997.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to continue the public hearing to consider a resolution vacating parks in Plat of Kelly Park as petitioned by Francis K. Grooms to September 9, 1997. Motion carried and ordered unanimously.

 

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN HIGHLAND PARK

SUBDIVISION - KIM H. AND ELAINE F. KAHLER

Chairman O?Brien called for the public hearing to consider a resolution vacating rights-of-way in Highland Park Subdivision as petitioned by Kim H. and Elaine F. Kahler.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to adopt Resolution vacating rights-of-way in Highland Park Subdivision as petitioned by Kim H. and Elaine F. Kahler.

 

Commissioner Cook inquired about the unresolved concerns of Willard Davis; with Interim Code Compliance Director Ed Washburn responding Lots 1 and 2 belong to Mr. Davis, and the street will not be vacated in front of his property.

Chairman O?Brien called for a vote on the motion. Motion carried and ordered unanimously. (See page                                   for Resolution No. 97-157.)

 

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITIES AND DRAINAGE

EASEMENT IN THE LEGENDS, UNIT 1 - FRED E. AND CAROL B. WHALEY

Chairman O?Brien called for the public hearing to consider a resolution vacating public utilities and drainage easement in The Legends, Unit 1 as petitioned by Fred E. and Carol B. Whaley.

Commissioner Cook advised two lots are being combined into one building lot, and a 7.5-foot PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITIES AND DRAINAGE

EASEMENT IN THE LEGENDS, UNIT 1 - FRED E. AND CAROL B. WHALEY (CONTINUED)

easement is being vacated. Interim Code Compliance Director Ed Washburn advised the applicant wishes to build in the middle of the two lots. Commissioner Cook inquired if that is in violation of any deed restrictions; with Mr. Washburn responding not to his knowledge, but he is not certain. Commissioner Cook stated he would hate to approve something in violation of deed restrictions.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to continue the public hearing to consider resolution vacating public utilities and drainage easement in The Legends, Unit 1 as petitioned by Fred E. and Carol B. Whaley to August 26, 1997. Motion carried and ordered unanimously.

 

PUBLIC HEARING, RE: RESOLUTION VACATING DRAINAGE EASEMENT IN PLAT OF VIERA

NORTH PUD, PARCEL 1-THE GREENS AT VIERA EAST APARTMENTS - I. S. VIERA

ASSOCIATES

Chairman O?Brien called for the public hearing to consider resolution vacating drainage easement in Plat of Viera North PUD, Parcel 1; The Greens at Viera East Apartments, as petitioned by I. S. Viera Associates.

Interim Code Compliance Director Ed Washburn advised the notification sign for the vacating was not properly posted.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to continue the public hearing to consider resolution vacating drainage easement in Plat of Viera North PUD, Parcel 1 - The Greens at Viera East Apartments as petitioned by I. S. Viera Associates to August 26, 1997. Motion carried and ordered unanimously.

 

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITIES AND DRAINAGE

EASEMENT IN REPLAT #2 OF THE CLOISTERS - G. ARTHUR AND NANCY C. TOWNSHEND

Chairman O?Brien called for the public hearing to consider resolution vacating public utilities and drainage easement in Replat #2 of The Cloisters as petitioned by G. Arthur and Nancy C. Townshend.

Interim Code Compliance Director Ed Washburn advised the applicants posted the notification sign; however, the neighbors just saw it last night; concerns have not been resolved; and requested the public hearing be continued.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to continue the public hearing to consider resolution vacating public utilities and drainage easement in Replat #2 of The Cloisters as petitioned by G. Arthur and Nancy C. Townshend to August 26, 1997. Motion carried and ordered unanimously.

DISCUSSION, RE: EPA?S PROPOSED REVISION OF NATIONAL AMBIENT AIR QUALITY

STANDARDS

Chairman O?Brien advised the Board is considering a letter to President Clinton, provided by the Florida Association of Counties (FAC), concerning a higher standard of air quality; and the FAC is against the proposal.

Commissioner Cook stated the Board received information from FAC that two counties would immediately be affected, and potentially several other counties may be affected; and that has generated the opposition. He noted there is controversy about the new standard being proposed.

Commissioner Voltz expressed concern about the cost to the County; and advised of information from FDOT, concerns about procedures, CFC ban, and increased malaria due to DDT ban. She recommended sending the letter to President Clinton.

Motion by Commissioner Voltz, seconded for discussion by Commissioner Cook, to authorize the Chairman to send a letter to the President of the United States expressing concern about the proposed revision of the National Ambient Air Quality Standards.

 

Commissioner Higgs advised the letter drafted by FAC is not accurate; based on information from the Department of Environmental Protection, no county will be in non-attainment; the EPA will initiate a new review of the scientific criteria of the effects of airborne particles, and provide a plan. She stated it will be a long time before anything is implemented; and the Board may want to express its concern, but the letter is not what it should say.

Commissioner Cook expressed concern about the impact of the unfunded mandate from Washington on the local taxpayers. He noted Governor Chiles has written to the EPA requesting a thorough cost benefit analysis of the proposal.

Discussion ensued on drafting another letter, revisions to the current letter, lack of basis for conclusion, need for cost benefit analysis including indirect costs, and risks to society.

Commissioner Scarborough stated he does not have the technical expertise and is not prepared to vote on the letter.

Environmental Services Administrator Stephen Peffer advised he was unable to speak to anyone at FAC; however, Department of Transportation and Department of Environmental Protection indicated the changes are not anticipated to have any affect on the County?s compliance, and that no Florida county would be directly affected in the sense of non-compliance. He noted they have concerns about Escambia and Hillsborough Counties because of the ozone.

Commissioner Cook expressed desire for a letter since it was important enough for the Governor and FAC to take a position; and indicated the opinions of FDOT and FDEP do not give him a high level of confidence.

DISCUSSION, RE: EPA?S PROPOSED REVISION OF NATIONAL AMBIENT AIR QUALITY

STANDARDS (CONTINUED)

Chairman O?Brien directed that the item be continued for one month to allow staff to get a copy of the Governor?s letter and other information to make a determination on whether to send the letter, send another letter, or send nothing.

 

REQUEST FOR SPEED HUMP, RE: EVERETT STREET

Commissioner Scarborough advised some Emergency Services Departments were not contacted; and inquired about the status; with Interim Code Compliance Director Ed Washburn advising they have not been contacted.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to table consideration of the speed hump installation on Everett Street to allow Fire Rescue, Ambulance, Solid Waste, and the Post Office to be contacted for comment.

 

Commissioner Cook noted the request only met the 68% level; with Commissioner Scarborough responding no one voted against the installation, and the others just did not respond.

Chairman O?Brien called for a vote on the motion. Motion carried and ordered unanimously.

 

The meeting recessed at 9:55 a.m. and reconvened at 10:13 a.m.

 

DISCUSSION, RE: CODE ENFORCEMENT POLICY OPTIONS

County Manager Tom Jenkins advised the Board directed staff to provide options to consider in lieu of citations to expedite the process; and outlined options to establish a mowing program for overgrowth violations, use Special Master to hear all cases, modify policy regarding what types of complaints are accepted and from whom, and two variations on the citation issue.

Code Enforcement Manager Roger Lyles advised Code Enforcement needs to make things speedier and better for the customers; and described a case on Merritt Island that has been ongoing for more than eight years. He provided another example involving storage of heavy equipment in a residential area.

Commissioner Cook stated the property on Merritt Island had many problems and was assessed enormous fines; and inquired if the violator would have complied with a citation. Mr. Lyles stated citation authority would reduce the hours spent on cases. He stated two years ago Code Enforcement had twelve officers; now it has six officers; each officer works more than 60 cases at any given time; each officer is required to spend 346 hours per year looking for unlicensed contractors, and another 346 hours looking for unlicensed lawn care businesses, vendors, tree

DISCUSSION, RE: CODE ENFORCEMENT POLICY OPTIONS (CONTINUED)

services, and home repair people; and that leaves 1,388 hours to answer all other complaints. He stated it is imperative to change the way Code Enforcement operates; some of the options will help, but not resolve the problem with those who refuse to comply; and granting Code Enforcement citation authority would be the most beneficial means of providing the customers with the type of service they deserve.

Judge A. B. Majeed stated the courts and the Board have a common goal to deliver quality service to all citizens of the County; the objective is to find a cost effective and speedy way to resolve the Code Enforcement problems; and cost effectiveness and speed cannot be associated with the court system. He stated the most expensive alternative is the court system; and explained the process. He commented on County Court caseloads; stated some people are not law-abiding citizens; and the special master and other options are better than overburdening the courts.

Commissioner Scarborough explained the problem with repeat offenders; and stated the citation process is attractive in the case of repeat offenders. Judge Majeed advised initially it is a good idea, but the question is how quickly can the courts process the citation.

Discussion ensued on citations for repeat offenders, cost of attorneys, slowness of the court process, putting liens on properties, and purpose of Code Enforcement to get rid of problems.

Maureen Rupe explained problems with the County?s policy concerning anonymous complaints to Code Enforcement and how the homeowners association gets caught in the middle; stated decreasing from 1,000 feet to 500 feet makes the problem worse; and recommended the policy be changed to accept anonymous calls with no limit on what people can report.

Madeleine Lafferty stated the people do not need more government; and expressed objection to the proposed action.

Mary Tees, President of the Port St. John Homeowners Association, expressed support for using a special master, speedy hearings, cleanup of violations, issuing citations for Code violation at the time of the initial visit, seeking waiver or change of Code or zoning after site meets current Code, and enforcement of collection of fines.

Michael Blasky advised he has been cited under the Nuisance Ordinance; and explained the problems with his case. He stated the Ordinance is ambiguous and subject to various interpretations; commented on discriminatory enforcement; and stated the Board is trying to micromanage the lives of the citizens.

Joyce Perry advised Code Enforcement officers have more power that policemen, and it is abused by certain people. She inquired why cities and the County do not bring their properties up to Code. She advised of her request for curbing on her street; and commented on the Code Enforcement Board, neighbors working together to solve problems, anonymous calls, and threat of citations.

 

 

DISCUSSION, RE: CODE ENFORCEMENT POLICY OPTIONS (CONTINUED)

Chairman O?Brien inquired if the property with no curb is in the City of Cocoa; with Ms. Perry responding it is, and curbing is only being extended in downtown Cocoa. Chairman O?Brien inquired about Ms. Perry?s properties; with Ms. Perry explaining the problems with her properties.

Charlie Burns expressed opposition to anonymous complaints as people are entitled to face their accusers; and commented on the distance requirements.

Mark Leslie advised of complaints concerning too many garage sales; and stated the cases are examples of why some citation authority might be needed. He submitted paperwork concerning Code Enforcement complaints; advised Code Enforcement only takes emergency calls on weekends; and commented on the caseload of Code Enforcement. He submitted newspaper articles concerning garage sales.

Barbara Dillabough stated Code Enforcement is unnecessary; explained her problems with Code Enforcement; and stated almost everyone has some violation on their property. She suggested getting rid of Code Enforcement, putting an answering machine in the County Manager?s Office to take complaints, and allowing one notice, after which the court would take care of the problems and put the cost on the offender?s tax bill. She advised of the snowball effect of calling Code Enforcement, and people turning other people in because they were turned in.

Ernest Voegtlin stated he supports the statements made by Mary Tees and Maureen Rupe. He stated the objective is to obtain a working mechanism for the preservation and protection of community standards against any deterioration; breaches of Code are usually committed by scofflaws; and the best way to reduce frequency of complaints is through expeditious, effective enforcement of the Code and not more laws. He suggested names be taken with complaints, but kept confidential; and advised of lack of success in neighbors dealing with neighbors.

Commissioner Cook expressed objection to citations; stated the Codes need to be aggressively enforced; and explained why citations would not be good and would overburden the court system. He stated the County has the option of filing an injunction against someone who is continually not in compliance; citations are too discretionary on the part of the Code Enforcement officer; and there are mechanisms in place to deal with the problem.

Commissioner Scarborough stated if the Board directs staff to proceed, an ordinance would be prepared to come back for public hearing; and today the Board is just reaching consensus on which items it wants included in the ordinance. He stated everyone wants everything handled in an expeditious manner; lingering problems lead to neighborhood disputes; and staff is attempting to provide tools to expedite and make the system fair for both sides.

Commissioner Voltz stated if someone got a citation, it would be handled the same as a speeding ticket. Mr. Lyles advised once a citation is issued, it is usually paid, and few go through the court system. Commissioner Voltz advised no one can be sure that will be the case.

 

 

DISCUSSION, RE: CODE ENFORCEMENT POLICY OPTIONS (CONTINUED)

Commissioner Cook advised most people comply under the current system; there is the ability to lien property or bring people before a special master or the Code Enforcement Board which can impose fines; and there are adequate resources to address Code violations.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve Option 1, establishing a mowing program for overgrowth violations that continue past the time designated by the Code Board or special master, with costs charged to the property. Motion carried and ordered unanimously.

 

Chairman O?Brien advised there are times when limited citation powers should be allowed; and explained what happens under the current system with repeat offenders, and how it could be handled. He advised of urban problems and the ineffectiveness of placing liens on properties; and stated the County should not accept anonymous calls. Commissioner Higgs inquired under what conditions Commissioner O?Brien would support citations; with Chairman O?Brien responding after an individual has been before the Code Enforcement Board and the problem is not cured, such as the Moorehead property on Merritt Island. Commissioner Higgs inquired if Chairman O?Brien supports the civil penalty for repeat violations; with Chairman O?Brien responding affirmatively. Commissioner Scarborough stated the County already has an Ordinance, and only needs to adopt a resolution; but if the desire is to expand beyond that, an ordinance would be needed.

Discussion ensued on citations for repeat violations, whether someone who ignores a lien will be more disposed to pay a citation, and accepting anonymous calls for health and safety complaints.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Option 2, discontinue use of the Code Board to hear violations, and authorize use of a special master to hear all cases.

Discussion ensued on the option of going to the Code Enforcement Board or the special master, recommendation to use the special master, accepting Option 2 on trial basis, reluctance to take Code Enforcement Board out of the process, how violations were heard by city courts, and advantages of special master.

Commissioner Scarborough amended the motion to include approving Option 2 on a 12-month trial basis.

 

Commissioner Scarborough inquired if it would be possible to schedule special masters more frequently than the Code Board met; with Mr. Lyles responding affirmatively. Assistant County Attorney Christine Lepore advised it is possible, but may require an ordinance change. Commissioner Cook advised approval of the motion will negate the necessity for citation powers. Chairman O?Brien agreed with Commissioner Scarborough regarding frequency of hearings; and suggested moving the location of the hearings in order to be fair to people living in North and South Brevard.

DISCUSSION, RE: CODE ENFORCEMENT POLICY OPTIONS (CONTINUED)

Commissioner Scarborough included the provision to move the location of the hearings in the motion.

 

Chairman O?Brien called for a vote on the motion, as amended. Motion carried and ordered; Commissioner Cook voted nay.

 

Chairman O?Brien and Commissioner Voltz advised they do not support Option 3. County Manager Tom Jenkins advised of the current provision. The Board took no action on Option 3.

Commissioner Voltz advised she does not support Option 4a. The Board took no action on Option 4a.

Commissioner Voltz advised she does not support Option 4b, conducting a trial program for Code Enforcement Officers to issue citations for overgrowth and maintenance of property violations. Chairman O?Brien suggested a trial program allowing issuance of a citation if after going to the Code

Board, a person has not resolved the problem within 60 days. Discussion ensued on expanding for first violations and civil penalties. The Board took no action on Option 4b.

 

RESOLUTION, RE: ESTABLISHING CIVIL PENALTY FOR REPEAT VIOLATION

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution establishing a civil penalty for repeat violations of Brevard County Codes.

 

Commissioner Voltz advised she will not support the motion; fewer than five violations in the last year would have fallen under the Resolution; and if people are not going to comply with the Code Board?s orders, they will not pay the citation. Commissioner Cook agreed with Commissioner Voltz.

Discussion ensued on unpaid liens, violators going to court, failure to pay citations, waiver of liens, Moorehead property, going for injunctions more quickly, provision part of original Ordinance adopted in 1995, citation less expensive than injunction, and 12-month trial period.

The motion was amended to include a 12-month trial period.

 

Chairman O?Brien called for a vote on the motion, as amended. Motion carried and ordered; Commissioners Cook and Voltz voted nay. (See page for Resolution No. 97-159.)

 

 

 

APPROVAL OF CITY OF COCOA?S REQUEST, RE: CREATION OF NEW COMMUNITY

REDEVELOPMENT AREAS

Attorney Paul Gougelman, representing City of Cocoa, introduced Deputy Mayor Alec Greenwood, Councilmember Phyllis Churchill, City Manager Terry Seawell, Community Development Director Anne Fadullon and Planners Lynn Pickett and Gary Rogers. He stated the request is for Board approval of resolutions delegating authority to the City of Cocoa to create two new community redevelopment areas under Chapter 163, Florida Statutes; the first is Census Tract 626 Community Redevelopment Area; and the Commissioners have received briefings and a Finding of Necessity Report.

Deputy Mayor Alec Greenwood advised of citizen support for the redevelopment areas.

Chairman O?Brien inquired about the difference between a redevelopment area and a redevelopment district. County Attorney Scott Knox responded the redevelopment district is a subpart of a redevelopment area; and explained the differences in authority and funding.

Discussion ensued on redevelopment districts and areas, redevelopment boards, no assessments without referendum, final authority of City Council, and Census Tract 626 boundaries.

Reverend W. O. Wells, Greater St. Paul Baptist Church of Cocoa, expressed support for the creation of Census Tract 626 Redevelopment Area, as it will give the black community an opportunity to chart its own course; and suggested the agency members be from the tract area.

George Vanderhall advised he is neither for or against the redevelopment area; but stressed the need for balance, higher level of government, and including the grass roots element in the planning and implementation.

Joyce Perry advised of organizations against the redevelopment area, the money involved, and why the representatives of the City are for the redevelopment area; and advised of needs outside the redevelopment area.

Clarence Rowe, representing Central Brevard NAACP, expressed support for creation of the Census Tract 626 redevelopment area.

James Fields advised of problems with notification; expressed support for cleaning up the City of Cocoa; but recommended scrutinizing the powers of the City. He advised of the need to come together as a community, and of his own experience as a business owner in Cocoa.

Phyllis Churchill advised the City Council is working to take steps to empower the citizens to move to bring the City together, and make the growth happen; and the new RDA will establish pride and eliminate the blight and slum areas.

Chairman O?Brien advised of problems with the Merritt Island Redevelopment Agency; and requested the City of Cocoa sign a contract providing that overhead costs will not exceed 25% of all incremental taxes collected, limiting indebtedness, and providing community representation on the redevelopment boards.

APPROVAL OF CITY OF COCOA?S REQUEST, RE: CREATION OF NEW COMMUNITY

REDEVELOPMENT AREAS (CONTINUED)

Mr. Gougelman advised the City does not have a problem with limiting administrative expenses from incremental revenues, but has concern about limiting flexibility in bonding. He explained the process, and addressed the membership of the redevelopment board; advised of an Attorney General Opinion providing that the authority to determine who will serve on the boards is preempted by Florida Statutes; and outlined who can serve on the board. He advised the desire of the City Council is to see representatives of the area serve on the redevelopment board; however, they must abide by the Florida Statutes.

Discussion ensued on community support and representation, accountability, enhancement of the City, need for the redevelopment area, incremental taxes used to support administration not exceed 25%, limiting the debt, sunset provision, keeping increment financing within the district, sharing increment financing with the County, and timeframe for the redevelopment agencies.

Mr. Gougelman stated RDA plans are looked at under the Florida Statute as having a 30-year timeframe; however, they can be amended; and explained what could happen. He noted the control is that any bond will have to be approved by the City Council of Cocoa.

Discussion resumed on effect of RDA?s on County taxes, limit on debt, longevity of RDA, and dissolution of the agencies.

Deputy Mayor Greenwood advised the current RDA was created in 1981, but the success of the area has only happened in the recent years; and explained why 20 years is not long enough. Mr. Gougelman requested consideration be given to at least a 32-year timeframe; and explained why the time period is necessary. He advised of differences in incremental revenues between various redevelopment areas; and requested flexibility in timeframe.

Discussion continued on the need to limit the length of time for the RDA, the possibility of corruption on an agency board, sunset provision, checks and balances, extension of time, re-evaluation of agencies every five years, and ability to step in and take over.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolutions authorizing the City of Cocoa to create the U.S. 1 Corridor Community Redevelopment Area and Census Tract 626 Community Redevelopment Area, subject to a 25-year sunset and 25% maximum cap on the use of the incremental fees for administration.

 

Discussion ensued on allowing the Board to take over the RDA if appropriate, allowing the highest locally elected body to take over the RDA, 25% limit on administrative costs not reasonable in early years, 25% limit beginning when incremental tax exceeds $50,000, hiring a part-time consultant engineer, salaries of executive directors, and adding M.I.R.A. language.

Motion amended and restated by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolutions authorizing the City of Cocoa to create the U.S. 1 Corridor Community Redevelopment Area and Census Tract 626 Community Redevelopment Area, and include the M.I.R.A. language,

APPROVAL OF CITY OF COCOA?S REQUEST, RE: CREATION OF NEW COMMUNITY

REDEVELOPMENT AREAS (CONTINUED)

a 25-year sunset period with ability to come to the Board to request a longer period, and 25% maximum cap on the use of the incremental fees for administration. Motion carried and ordered unanimously. (See pages for Resolutions Nos. 97-160 and 97-161.)

 

The meeting recessed at 12:54 p.m. and reconvened at 1:43 p.m.

 

PUBLIC HEARING, RE: ORDINANCE AMENDING SIGN REGULATIONS

Chairman O?Brien called for the public hearing to consider an ordinance amending sign regulations.

Curtis Erickson, representing the Melbourne Area Association of Realtors, expressed concern about restrictions on open house signs; and explained the hardship.

Lorene Shafer advised she served on the Task Force, and is present to respond to questions.

Bob Wille, representing Homebuilders and Contractors Association and Melbourne-Palm Bay Chamber of Commerce, advised of the impact of the Sign Ordinance on the real estate industry; and commented on the review of the Sign Ordinance. He advised of support of the proposed ordinance with the LPA amendments. He requested a show of hands of those in support of his position; with approximately twelve people indicating support.

Commissioner Higgs inquired about the concern of the Association; with Mr. Wille responding the burden created by restricting signs to once every 60 days, as 50% of their traffic is generated by signs and ads are cost prohibitive. Commissioner Higgs stated signs are prohibited in rights-of-way but not on private property.

Discussion ensued on options to advertise open houses, cost prohibitiveness of other options, sign blight, concern with blanket signs, reasonable limitation, benefit of singular signage, need for signs when model homes are open, visual clutter, Countywide application of Ordinance, ability of Suntree to have restrictive ordinance if it incorporates, difference between open house and model home signs, allowing open house signs eight days out of 60 days, enforcement of Sign Ordinance, and parity between model home sign and pizza sign.

Joseph Stadnik expressed concern about the impact of the proposed ordinance on small businesses; and explained how landscaping can hide business signs. He noted a lot of people rely on signs in the right-of-way. Mr. Stadnik commented on the cost of growth, water, streets, etc.; and requested the County stop restriction of signs on small businesses.

Jim Mundhenk inquired why the Board would appoint a Sign Task Force, and not take positive action on its recommendations. He stated there is not adequate enforcement; and requested the proposed ordinance be sent back to the Task Force, and the Board take action on its recommendations.

PUBLIC HEARING, RE: ORDINANCE AMENDING SIGN REGULATIONS (CONTINUED)

Pat Neve, Jr., representing Sign Man, Inc., advised of the need for signs in the housing market; and expressed objection to the restrictions on subdivision signs. He advised portable and temporary flashing signs are being lumped together; strip malls have signs without effect of the Ordinance; and temporary off-premises directional signs aid people trying to build homes.

Darlene Galliher, representing Dar?s Racing Outlet, advised she has signage in the back of a pickup truck, which is in a parking space; explained the need for the sign; and requested small businesses be allowed to use professional looking signs. Chairman O?Brien inquired about other stores in the strip mall; with Ms. Galliher describing the other businesses.

Scott Polinek, representing Lamar Outdoor, inquired what is the difference between temporary and portable signs; with Jim Statlick responding a temporary sign does not have commercial interest and a portable sign can be carried by another. Mr. Polinek inquired about provisions in the ordinance relating to temporary and portable signs; with Mr. Statlick advising of size requirements, inclusion of temporary with portable signs, and criteria for permits for portable signs. Mr. Polinek commented on the citation portion of the ordinance and enforcement.

Commissioner Voltz stated she supports the LPA recommendation and citations; and advised of letters from businesses in the community objecting to the ordinance as written.

*Commissioner Voltz?s absence was noted at this time.

Bill Pyles stated the ordinance does not permit free-standing signs in RP zoning; he has been trying since 1994 to get a permit to put up such a sign on Fay Boulevard; and he has even applied for rezoning, but the residents are against the rezoning to allow the sign.

Commissioner Scarborough stated the rezoning request was tabled by the Board; it has been held for almost a year; the Port St. John residents thought it advantageous to modify the Sign Ordinance rather than require a rezoning; he thought the provision was going to be in the proposed ordinance; however, it is not. He stated it needs to be included; and if the Board takes action today, he will have that provision read into the ordinance.

Mr. Pyles advised of competition with other businesses which have free-standing signs, and of illegal signs on Fay Boulevard.

Bruce Stevenson, representing Suntree Master Homeowners Association, advised of amendments to the sign ordinance which would allow unlimited real estate, garage sale, and special event directional signs, with the only restrictions being six signs for each activity or event and a minimum distance requirement; and outlined the impact. He stated County rights-of-way belong to the residents, not businesses; and expressed concern about sign pollution and special interests using County property. He displayed pictures showing illegal signs on Wickham Road; recommended a complete ban on signs in rights-of-way; and advised having to hire two more Code Enforcement Officers is a misuse of taxpayer money to subsidize special interest groups. He requested a special exemption for any rights-of-way in the Suntree PUD, and from I-95 to Pineda Crossing on Wickham Road, in the event the Board permits signs in the rights-of-way.

PUBLIC HEARING, RE: ORDINANCE AMENDING SIGN REGULATIONS (CONTINUED)

Norma Savell advised of personal signs on South Tropical Trail which provide information; recommended the Board remember the business people of Brevard; and advised of the need for directional signs and real estate signs. She stated she served on the Sign Ordinance Task Force; and recommended the Board not appoint any more committees as it does not take their advice.

Discussion ensued on considering the issue by the full Board, reasonable compromise between industry and homeowners, changes to the Ordinance as a result of change in case law, expansion of subject being considered, maintaining current Ordinance with change regarding political signs, considering all proposed changes, concern about unlimited real estate signs, Ordinances from other counties not allowing signs in rights-of-way, and permits for temporary signs for special events.

Commissioner Higgs stated if the Board allows any commercial signs in the right-of-way, it should allow all signs to be fair; suggested a compromise to allow limited use of signs for special events; and recommended staying away from permitting. Chairman O?Brien commented on the difference between real estate signs, open house signs, and model home signs, and business locations. Commissioner Scarborough advised of the situation with model homes on Fay Boulevard; and explained the situation with an open house. Chairman O?Brien advised of the difficulty in locating the model homes in Sykes Cove. Commissioner Cook stated he does not want to encourage more small signs; and expressed concern about voting without a full Board. He stated this is an important issue; and he would like to explore the possibility of a compromise. He noted there were few complaints before the County Attorney brought the issue forward. Commissioner Cook expressed desire to have staff contact the parties involved; and stated if the Board comes up with a number today, it will be completely arbitrary. Commissioner Higgs advised the Board can come up with a reasonable number; individuals in the real estate industry will find ways to legitimately advertise; and restricting them from the right-of-way will not restrict the businesses.

Chairman O?Brien inquired if it is the Board?s desire to preserve the current Ordinance and make one change, or does it wish to consider all the changes before it. Commissioner Higgs expressed preference to go through each of the changes. Commissioner Cook reiterated his preference to have five Commissioners. Commissioner Scarborough stated the real estate industry has indicated how it feels; and suggested it come back with a compromise position. He requested staff incorporate the language in the discussions with the tabling of Mr. Pyles rezoning, and provide a memorandum outlining the facts so the Board will be prepared. Commissioner Cook stated if anyone has additional information, there is a week for them to supply it.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to continue the public hearing to consider an ordinance amending sign regulations to August 26, 1997. Motion carried and ordered unanimously.

 

The meeting recessed at 3:03 p.m. and reconvened at 3:21 p.m.

 

 

 

PUBLIC HEARING, RE: RESOLUTION ADOPTING SCAT TRANSIT DEVELOPMENT PLAN

Interim Transit Services Director Jim Liesenfelt advised the Transit Development Plan (TDP) is a five-year plan of recommendations to improve service which is required by Florida Department of Transportation every three years in order to continue receiving the State block grant, which provides $1.1 million each year; and outlined the process to compile the Plan. He advised the Plan lists 53 recommendations; the 1994 Plan had 42 recommendations which were implemented; and outlined positive actions taken. He requested adoption of the Plan with one change to Item 20 by the Metropolitan Planning Organization; and explained the change.

Richard Higgins, representing Barefoot Bay VFW Post 4425, spoke in support of the Five-year Transit Development Plan; and requested transportation for veterans to the Veteran Affairs Outpatient Clinic in Palm Bay, and in 1999 to the full-scale clinic to be built at Viera, and transportation to Roseland shopping and medical facilities in Indian River County.

Mr. Liesenfelt advised staff is working on transportation to get veterans to the Palm Bay clinic; when the VA clinic is built, that will be addressed; and after the Plan is adopted, staff will begin to address the transportation needs of those in Micco, etc. in conjunction with Indian River and the businesses in that area.

There being no further comments heard, motion was made by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution approving the Space Coast Area Transit Five-Year Transit Development Plan, as amended by the Metropolitan Planning Organization, deleting "Consider coordinating public transportation services with Indian River County for residents of the South Mainland area of Brevard County," and adding "Coordinate public transportation services with Indian River County and expand service for residents and veterans for the South Mainland area of Brevard County." Motion carried and ordered unanimously. (See page                                   for Resolution No. 97-158.)

 

DISCUSSION, RE: CODE BOARD AND SPECIAL MASTER LIENS

Chairman O?Brien stated the Board is being asked to accept staff?s report on outstanding Code Board and special master liens, establish a policy to limit the amount to which a fine may accrue, direct that liens that exceed the limited fine amounts be reduced, and approve a program to recover costs to prosecute cases before the Code Board and special master.

Discussion ensued on a cap on fines, little incentive to pay fines that exceed value of property, exception for violations that present threat to public health, safety, or welfare, 35% of total assessed value plus costs, cap on amount assessed for staff time, flat fee, actual costs to process Code violations, foreclosure on properties for MSBU liens, forgiving liens, and policy for foreclosures on Code liens.

Commissioner Cook advised he supports a 35% cap, but he brought up the flat fee concept because time and costs can be challenged.

 

DISCUSSION, RE: CODE BOARD AND SPECIAL MASTER LIENS (CONTINUED)

Commissioner Higgs stated there is a two-fold problem; there are old cases and cases that will come from this day forward; the repeat offender provision will be used; and if that does not solve it, there should be a policy that it comes back to the Board for action before the fine accumulates.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to establish a policy that Code Board or special master fines not accrue beyond 35% of the assessed value of the property. Motion carried and ordered unanimously.

 

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct staff to provide a report on the feasibility of foreclosure action.

 

Commissioner Scarborough stated if a person is not complying because they are impoverished, the Board needs to know that, but if they choose not to comply, the Board needs to know that as well.

Chairman O?Brien called for a vote on the motion. Motion carried and ordered unanimously.

 

Chairman O?Brien stated the Board has to set policy for Code Enforcement so it can be proactive in solving problems. Commissioner Scarborough stated Code Enforcement does not have the prerogative to bring court actions, and those will be brought by the Board. Commissioner Higgs stated if someone has not complied within a period of time, the Board will need to make a decision. Commissioner Cook cautioned of circumstances the Board cannot foresee. Commissioner Scarborough advised of the impact of a notice of intention to bring foreclosure action.

Discussion ensued on flat administrative fee, and setting 60, 90, or 180-day period from time of citation for notice to the Board on failure to comply.

Motion by Commissioner Higgs, to establish policy that the Board will receive notice within 90 days of failure of someone to comply to a citation through a report on the Agenda from Code Enforcement.

 

Discussion resumed on the time period.

Motion restated by Commissioner Higgs, seconded by Commissioner Scarborough, to establish a policy for Board notification through a report on the Agenda of those who fail to comply with citations after 180 days. Motion carried and ordered unanimously.

 

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve a cost recovery program to prosecute cases at actual administrative and time costs and not a flat fee. Motion carried and ordered unanimously.

 

REQUEST FROM JOSEPH PITTMAN, RE: REDUCTION OF CODE BOARD PENALTY FOR

LESLEE JO PITTMAN

Chairman O?Brien advised the Code Enforcement Board recommended the Board consider a request by Leslee Jo Pittman to reduce Code Board penalty to $600; and advised of the details of the case. He stated the penalty is $86,500; the property is assessed at $13,390; and the Code Board recommends reduction to $600.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to reduce the amount of the Code Board penalty for Leslee Jo Pittman to $600, and execute Reduction of Administrative Fine and Conditional Release of Lien. Motion carried and ordered unanimously. (See page for Reduction of Administrative Fine and Conditional Release of Lien.)

 

DISCUSSION, RE: TERMINATION OF CONTRACT WITH CHAPMAN SCHEWE

Chairman O?Brien stated the Employee Insurance Advisory Committee recommended terminating services of Chapman Schewe as broker for the Contract with Aetna/US Healthcare effective December 31, 1997.

Human Resources Director Frank Abbate advised the Committee members indicated they were not happy with the services provided by Chapman Schewe and had lost confidence in their ability to provide the adequate services; during its presentation to the Board last year, Chapman Schewe stressed that its most important relationship would be in servicing the physician/patient relationship; the Committee requested Chapman Schewe to conduct a survey of providers to determine satisfaction level and identify problems; and Chapman Schewe did not adequately perform the task, which has directly impacted the physician/patient relationship. He outlined other failures by Chapman Schewe to respond to Committee requests for information.

Dan Schewe, representing Chapman Schewe, read aloud a letter to the Board requesting the Board maintain its current arrangement with Chapman Schewe. He stated Chapman Schewe has added significant value to the County by negotiation and evaluation of the initial Aetna/US Healthcare proposal, negotiation of performance guarantees, negotiation of renewals with caps, provision of first quarter review and yield analysis, interaction with the Benefits Committee, customer service assistance to employees and dependents, and patient advocacy. He advised the Section 125 question was addressed by the County Attorney at the June 12, 1997 meeting, and was determined to be a dead issue; and a survey of providers was provided to the Insurance Committee at the May 22, 1997 Committee meeting. He advised Chapman Schewe cannot become involved in provider contracting or recontracting issues due to possible antitrust issues. He stated Chapman Schewe has acted in good faith to fulfill its commitment to the County; every effort has been made to provide the highest levels of service; and some frustration exists with the Benefits Committee in regard to the recontracting efforts and the inability or unwillingness of Aetna/US Healthcare to provide certain information; but Chapman Schewe has aggressively encouraged Aetna/US Healthcare to guarantee high levels of provider access for 1997 and 1998 contract years. He stated Chapman Schewe is committed to providing outstanding service to the County, and requests the continued support of the County. He stated Chapman Schewe will make every effort to work through any issues, difficulties or problems that may exist with the Insurance Committee.

DISCUSSION, RE: TERMINATION OF CONTRACT WITH CHAPMAN SCHEWE (CONTINUED)

Linda Johnson, representing Chapman Schewe, provided information on customer service to members, spouses, retirees and patient advocacy activities; and advised of efforts which take place behind the scenes that are important and valuable to the members.

Susan Crean, representing Aetna/US Healthcare, advised of efforts of Chapman Schewe on behalf of the County, bringing the specific needs of the County to Aetna/US Healthcare, resolving an employee?s problem, and assisting in bringing together the changes in policies and performance guarantees for 1998-99. She advised of Chapman Schewe?s efforts in negotiation of the rate cap for the PPO plan, and requesting assurance of access to the same providers.

Discussion ensued on the conditions under which the County can terminate its relationship with Chapman Schewe, County expense as a result of termination, effect of having Chapman Schewe as broker on Aetna/US Healthcare, and opportunity to negotiate with Aetna/US Healthcare on 1%.

Commissioner Higgs inquired if Chapman Schewe is no longer providing services, would Aetna/US Healthcare reduce the rate; with Ms. Crean responding the 5% guarantee in 1998 and the 18% guarantee in 1998 would not be changed.

Commissioner Cook advised some employees have been helped by Chapman Schewe patient advocacy.

Commissioner Scarborough noted the Insurance Committee provided a unanimous recommendation to terminate; it has been suggested doctors who are having problems be referred to Chapman Schewe, but that is not part of the contract; and recommended sending the issue back to the Insurance Committee for a determination of what it expects from wants Chapman Schewe.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Option 2, to direct staff to negotiate specific performance guarantees for Chapman Schewe addressing Committee concerns effective for the 1998 Plan year.

 

Commissioner Scarborough advised the action would send the issue back to the Insurance Committee to define Chapman Schewe?s role.

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

 

Chairman O?Brien expressed support for the recommendation of the Insurance Committee.

 

 

 

 

 

AMENDMENT 1 TO PERFORMANCE GUARANTEES CONTRACT WITH AETNA/U.S.

HEALTHCARE, RE: FIVE BREVARD HOSPITALS AS NETWORK HOSPITALS

Human Resources Director Frank Abbate advised the Employee Insurance Advisory Committee recommended an amendment be added to the Aetna/US Healthcare contract clarifying that five hospitals be part of the network for 1997 and 1998; and an amendment was drafted by the County Attorney and submitted to Aetna/US Healthcare; Aetna made revisions; and it is before the Board today.

Commissioner Scarborough inquired if it is appropriate to discuss going out for RFP at this time; and advised of an August 18, 1997 memorandum on the issue. Mr. Abbate advised the memorandum was an update on the status of the negotiations. Commissioner Cook noted the Board already voted on the RFP twice.

Susan Crean, representing Aetna/US Healthcare, advised Aetna/US Healthcare was requested to go through the performance guarantee that was part of the original package and confirm that the five main Brevard County hospitals would continue to be accessible to County members; and it says Aetna will use best efforts. She noted if a contract is not in place with a hospital, Aetna/US Healthcare will use best efforts to secure a contract, but if it cannot secure such contract, then the members of the County would be in the same position they would be in if they received participating benefits at those hospitals.

Chairman O?Brien inquired if a Brevard County employee goes to Cape Canaveral Hospital/HealthFirst, which will not sign with Aetna/US Healthcare, for an operation, will the individual have to pay the bill and then submit for reimbursement. Ms. Crean responded it is possible, but unlikely in the event of a hospital, which will accept assignment to the insurance carrier. Chairman O?Brien inquired about charges for hospital rooms at non-participating facilities; with Ms. Crean responding if under a PPO, the 80% would apply to the previously negotiated rates; Aetna/US Healthcare would be at risk for the difference; and the member would be in the same position as if it was a contracted hospital. Chairman O?Brien advised of his personal experience; and inquired if a contracted hospital requires two surgeons, will Aetna/US Healthcare pay for both. Ms. Crean responded the employee would be held harmless in that situation; and Aetna/US Healthcare would deal with the surgeons.

Commissioner Higgs inquired if the employee only pays up to an annual amount; with Ms. Crean responding under PPO there is an annual Commissioner-insurance limit, and after that everything is paid at 100%; and under HMO, the employee only pays the Commissioner-payment. Commissioner Higgs inquired about out-of-network coverage; with Mr. Abbate advising there is no coverage out-of-network for HMO. Ms. Crean advised under HMO an employee going to an out-of-network hospital would pay 100% of the bill; under PPO, the employee would pay 20% of the bill up to the cap; and in an emergency, the employee would be fully covered under the terms of the contract.

Lance Jarvis, representing Dr. Marilyn C. Moss, advised Dr. Moss is a PPO under Aetna/US Healthcare; and commented on the decreased network of providers. He noted Dr. Moss is still listed as a participating provider, but she has no intention of signing a contract with Aetna/US Healthcare due to controls. He advised of cuts in fees, increased costs, loss of network, loss of autonomy, AMENDMENT 1 TO PERFORMANCE GUARANTEES CONTRACT WITH AETNA/U.S.

HEALTHCARE, RE: FIVE BREVARD HOSPITALS AS NETWORK HOSPITALS (CONTINUED)

possible refusal to serve Aetna patients, and Aetna/US Healthcare?s insistence that physicians

accept any plan it has in the future. He requested the Board look at a new list of physicians who have actually contracted with Aetna/US Healthcare before agreeing to another contract.

Bill Mahler, Administrator of Medical Associates of Brevard, expressed concern about Aetna/US Healthcare driving a wedge between physicians and patients; and advised of reduction of reimbursement rates from 40 to 60%, increased costs, and physicians who will not recontract with Aetna/US Healthcare. He advised Medical Associates of Brevard will not participate in the network although they are shown on the most recent list.

Dan Schewe, representing Chapman Schewe, explained the basic premise of HMO/PPO contracting; stated members will be reimbursed according to higher level of benefit; and that has been factored into the rates. He stated this is a fully-insured contract where the County is laying all risk off to Aetna/US Healthcare. He noted Aetna made commitment to pay the members? benefits even if providers cannot come to agreement.

Chuck Maxwell, District 2 Representative on Employee Insurance Advisory Committee, quoted Joseph Sebastianelli, Commissioner-President of Aetna/US Healthcare, as saying "In an over-supplied marketplace, physicians are willing to do more for less"; and stated that philosophy is what is driving the current problems. He stated the Board asked the Insurance Committee to contract with a vendor who would guarantee to supply all five hospitals; only Aetna/US Healthcare guaranteed all five hospitals would be included; hospitals agreed to depart from exclusivity demands for County employees only; and as a result Aetna/US Healthcare agreed to guarantee all five hospitals for two years, but that was not included in the contract. He stated it was already part of the guarantee; it was the main reason Aetna/US Healthcare got the contract; and now Aetna/US Healthcare is only guaranteeing its best effort. He noted every vendor promised its best efforts; this is making a mockery of the RFP process; and if he owned one of the other companies, he would question it. Mr. Maxwell stated his amendment says, "any renewal of the HMO and PPO Plans with Aetna/US Healthcare for the period January 1, 1998 through December, 1998, shall include the hospital network as listed in paragraph above." He stated this is what Aetna/US Healthcare promised; in a letter on July 11, 1996 Aetna/US Healthcare promised a hospital network which includes all the main Brevard hospitals for two years; and in another letter of July 31, 1997, Aetna/US Healthcare advised it would honor the commitment and would be part of any contract or guarantee addendum finalized for the 1998 year. He stated if Aetna/US Healthcare will not accept the amendment, the Board should reconsider sending out an RFP; cautioned about the timeframe; and commented on the confusion about physicians and hospitals. He stated Wuesthoff and Holmes Hospitals are willing to give a discount for County employees; but Aetna/US Healthcare is insisting the hospitals take all of its people or none. He recommended sticking to the original agreement, and the County take a stand to reinforce its rights. He explained the problems with the billing process, burden of financial responsibility shifting to the patient, and refusal of payment for second surgeon. He stated the County is legalizing Aetna/US Healthcare?s escape from its original commitment to guarantee for two years all five hospitals.

 

AMENDMENT 1 TO PERFORMANCE GUARANTEES CONTRACT WITH AETNA/U.S.

HEALTHCARE, RE: FIVE BREVARD HOSPITALS AS NETWORK HOSPITALS (CONTINUED)

Fred Galey, Supervisor of Elections, advised Marjorie Stump was his appointee to the Employee Insurance Advisory Committee, and she supports what Mr. Maxwell said. He advised of his personal problems with Aetna/US Healthcare; and stated the County has a contract with Aetna/US Healthcare and it should be enforced.

Margaret Pullen advised of her experience with Aetna/US Healthcare; commented on disparity of costs for blood work; and stated the medical profession needs to stop outrageous charges. She alleged it is a government setup to break Medicaid, and put private insurance companies out of business so the government can provide health care for people. She stated the insurance companies need help to keep costs of premiums and deductibles down; and the County needs to focus on outrageous medical costs.

Commissioner Higgs stated what she reads is that Aetna/US Healthcare will provide all five hospitals, and that employees will receive the same care had the hospitals remained in the network. Assistant County Attorney Shannon Wilson advised that was the intent of the second draft; and explained the reason for two drafts. She stated they did the best they could to meet the intent of protecting the employees and providing equal benefits while developing something Aetna/US Healthcare felt could meet the representation of including the five hospitals as well as not requiring something that Aetna/US Healthcare could not do with respect to the hospitals. Commissioner Higgs inquired if the second draft insures that employees and dependents who go to any of the five main hospitals as defined in the document will still get care as if they remained in the network, which was the guarantee; with County Attorney Scott Knox responding affirmatively. Mr. Knox suggested modifying paragraph 4, adding "the same" after the word "with." County Manager Tom Jenkins advised the only other issue involved is how the payment will be made, whether the hospitals will agree to bill Aetna/US Healthcare directly. Commissioner Higgs inquired how it was done this year; and stated it should be the same. Ms. Crean stated currently Aetna/US Healthcare has agreements in place with all the major hospitals, and bills are submitted directly to Aetna/US Healthcare; and it is not anticipated that will change; but if it does, paragraph 4 will take over. Commissioner Higgs inquired if there are agreements with all five hospitals now, but no extension into the next plan year.

*Commissioner Voltz?s presence was noted at this time.

Ms. Crean advised there are agreements with the hospitals that go into the next couple of years; and in the case of one hospital, the agreement was in place when Aetna/US Healthcare was before the Board in the Fall. She stated she is only hedging because she does not know what will happen six months from now; and that was the issue that was addressed with the County Attorney. Commissioner Higgs inquired if Aetna/US Healthcare will pay whether it has the agreement or not; with Ms. Crean responding affirmatively.

Commissioner Scarborough stated the amendment says that Aetna/US Healthcare will use its best efforts; in paragraph 4, it says Aetna/US Healthcare will continue to provide coverage at the main Brevard hospitals; and recommended it be changed to substitute "five Brevard hospitals" instead of "at the main hospitals." Ms. Crean advised "at the main hospitals" was used in all the rest of the documentation previously, and she will have to take the change back to the attorney. Commissioner AMENDMENT 1 TO PERFORMANCE GUARANTEES CONTRACT WITH AETNA/U.S.

HEALTHCARE, RE: FIVE BREVARD HOSPITALS AS NETWORK HOSPITALS (CONTINUED)

Scarborough noted "main" could be defined in several ways. Commissioner Higgs noted the main hospitals are defined in paragraph 1; and suggested using "as defined in paragraph 1." Commissioner Scarborough expressed concern about the amendment. Ms. Crean stated the concern of Aetna/US Healthcare is what would happen if one of the hospitals went out of business; with Commissioner Scarborough advising if it went out of business, it would be impossible to provide the service and perform the contract. Mr. Knox recommended adding paragraph 6, "All of the terms and conditions of the previous performance guarantee contract and amendments thereto are hereby ratified and confirmed and shall continue in full force and effect."

Motion by Commissioner Cook, seconded by Commissioner Voltz, to authorize execution of Addendum to 1997-98 Performance Guarantees Contract with Aetna, revised to add "as defined in paragraph 1" after "at the main hospitals" in paragraph 4; and to add paragraph 6 as follows: "all of the terms and conditions of the previous performance guarantee contract and amendments thereto are hereby ratified and confirmed and shall continue in full force and effect."

 

Chairman O?Brien advised this only has to go to the end of 1998; and Aetna/US Healthcare is saying if the County goes out for RFP, it has the right to change all of its rates. Commissioner Cook stated the action is on the addendum. Commissioner Higgs noted the addendum is separate from any negotiations which may be going on, and is a clarification to the existing contract.

Chairman O?Brien called for a vote on the motion. Motion carried and ordered unanimously. (See page                                   for Addendum.)

 

Commissioner Scarborough distributed information to the Board; and read aloud a fax advising that a majority of the doctors in North Brevard will not sign with Aetna/US Healthcare and explaining the contractual problems. He advised of a letter from Dr. Peter Balsam regarding problems with Aetna/US Healthcare contracting methods which result in adverse consequences in patient care. He stated surveys have been done which show only a few people are upset with Aetna/US Healthcare; however, at the same time, there may be a total change in environment; and he keeps hearing of a deterioration of the physician network. He stated the hospital issue is important; but the physician network will be a bigger problem.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to authorize going out for RFP for health insurance providers.

 

Commissioner Voltz inquired what is the main problem with the recontracting with physicians. Ms. Crean explained the problems with change in fees, and change in methods of compensation to Primary Care Physicians under HMO. She noted in those practices which have a large number of Aetna/US Healthcare patients, the monetary stream can be more than would have been received under the fee for service basis for the same patients; and there are incentives for the doctors to provide very high level care. She stated the hospitals are remaining neutral, but Aetna/US AMENDMENT 1 TO PERFORMANCE GUARANTEES CONTRACT WITH AETNA/U.S.

HEALTHCARE, RE: FIVE BREVARD HOSPITALS AS NETWORK HOSPITALS (CONTINUED)

Healthcare is trying to get to a different type of reimbursement schedule. Commissioner Voltz

inquired if Aetna/US Healthcare is willing to negotiate with physicians who have indicated they will not renew; with Ms. Crean responding affirmatively.

Commissioner Scarborough inquired about the window of opportunity; with Mr. Abbate responding the window has been narrowing; changes would have to be made to the current open enrollment period, but that has been worked out; and the RFP could be accomplished if the Board took action promptly. Mr. Jenkins noted this week would be preferable, and next week would be the bottom line. Commissioner Scarborough stated there is not going to be another opportunity to discuss this; he has inquired who the doctors are who are entering into the new contracts; and if the Board goes through with this, it will be locked in a dark room for a whole year. He stated Aetna/US Healthcare had a lot of opportunity to work things out, but after next week, there is no pressure on Aetna/US Healthcare because they will have the County.

Mr. Sapp, representing HealthFirst, stated Ms. Crean indicated Aetna/US Healthcare has agreements in place with all the hospitals in the County; but HealthFirst has no contractual agreement in place with Aetna/US Healthcare at this point. He stated they have attempted to negotiate for 18 months, but have been unable to reach agreement. He advised of his experience with hospital contracting; and stated the phrase "will make best efforts" means nothing in a hospital contract because it is a loophole.

Chairman O?Brien noted HealthFirst is a competitor of Aetna/US Healthcare; and inquired if HealthFirst will not accept Aetna/US Healthcare as a form of payment for services. Mr. Sapp advised the HealthFirst physicians do not have a contract with Aetna/US Healthcare; the hospital has a mission to accept patients and attempt to provide services regardless of ability to pay; and payment is received after services are rendered. Mr. Sapp stated he works for HealthFirst facilities and physicians in contracting; and he contracts with Aetna/US Healthcare, Signa, Prudential, etc., but his position is not in competition with Aetna/US Healthcare.

Mr. Knox advised paragraph 4 does not deal with best efforts; and the amendment was to pay whether Aetna had a contract or not.

Discussion ensued on physician complaints, survey of County employees, uncertainty of result of RFP, reactions to changes in network not reflected in survey, non-acceptance of Aetna/US Healthcare insurance by HealthFirst, ability to go out for RFP without changing contract with Aetna/US Healthcare, and termination clause in contract.

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

 

The meeting recessed at 5:38 p.m. and reconvened at 6:02 p.m.

 

County Attorney Scott Knox?s absence and Assistant County Attorney Shannon Wilson?s presence were noted at this time.

DISCUSSION, RE: RETAINING A LOBBYIST IN TALLAHASSEE

County Manager Tom Jenkins stated information has been gathered for the Board concerning the possibility of retaining a lobbyist; and defined the role of a lobbyist. He advised the County has to compete against other counties in the State; and noted a number of counties in Florida have lobbyists working in Tallahassee. He stated the Board would look for a lobbyist with his or her own network of legislative contacts to get support for the County?s appropriations and other legislative items, as well as assistance with the Governor?s Office. Mr. Jenkins advised a lobbyist could assist with the County?s priorities as well as with items which originate elsewhere but would impact the County. He advised of need to be in Tallahassee for three to four days a week during the legislative session, need for Statewide legislative and other contacts, and possibility of representing the Board on a year-round basis on specific issues. He advised of the limited assistance which can be provided by the legislative delegation, and the difficulties in having Commissioners go to Tallahassee.

Chairman O?Brien stated he supports hiring a lobbyist; and commented on the success of other counties with lobbyists. He stated the Commissioners are unable to perform the job of the lobbyist. He advised of the value of investing $50,000 in hiring a lobbyist.

Commissioner Voltz stated 36% of the counties listed are in South Florida which has a strong delegation; and she received phone calls which advised against getting a lobbyist. She stated the interests of lobbyists are with the legislators; and if the Board?s desire is in direct conflict, the lobbyist will side with the legislators. She stated another individual recommended not getting lobbyist because it would mean the people would not have a voice. She advised Mr. Spearman has never supported her in any election; this is not political; she can see a lot of good in the issue; and would like to hear other opinions.

Chairman O?Brien advised of the success of the Canaveral Port Authority lobbyists in Tallahassee and Washington, D.C. Commissioner Voltz advised of her experience trying to lobby in Tallahassee; and stated the delegation is not aware of local issues. Chairman O?Brien explained how lobbyists would work for the County.

Commissioner Scarborough advised of his experiences with lobbyists in Washington, D.C. and Titusville, and with the previous County lobbyist. He recommended hiring specialists for special projects rather than hiring one lobbyist; and commented on the situation with Senator Bronson.

Discussion ensued on getting a report card from lobbyists after one year, hiring lobbyists for specific tasks, inability to hire on a contingency basis, how lobbyists work in Washington, D.C., assistance of Guy Spearman in opening doors in Tallahassee, issues to lobby, no desire for conflict between lobbyist and delegation, and what a lobbyist can accomplish.

Commissioner Voltz inquired what the previous lobbyists got for the County. Mr. Jenkins stated the federal lobbyist was not fruitful, and that was why he was terminated; it would be difficult to provide specifics on Mr. Spearman and Mr. Parrish; but in the last couple of years, nothing much has been DISCUSSION, RE: RETAINING A LOBBYIST IN TALLAHASSEE (CONTINUED)

passed in the legislative package. He stated this year the Port got several hundred thousand dollars, but two or three other appropriations which got through the legislature were vetoed in the Governor?s

Office. Commissioner Voltz advised of the assistance of Mr. Spearman with the Juvenile Assessment Center appropriation.

Commissioner Higgs stated she previously did not support having a lobbyist; however, the Board needs someone as an advocate for Brevard County projects. She recommended getting the best lobbyist the County can; and commented on efforts to exempt County part-time employees from the costs for retirement. She expressed support for a lobbyist; and recommended identifying projects and scope of service, coordinated through the County Manager.

Discussion ensued on assistance of lobbyist in facilitating meetings in Tallahassee, salary of lobbyist, using Florida Association of Counties dues of $31,000, and no impact to budget.

Chairman O?Brien noted the requested fee is $50,000; and commented on the cost of lobbyists for other areas, and Mr. Spearman?s abilities.

Commissioner Voltz inquired if this has to go out for bid; with Mr. Jenkins responding no.

Discussion ensued on offering $31,000, hiring a salesman to sell the County, sending Chairman O?Brien and Commissioner Voltz to Tallahassee to lobby issues, need for a lobbyist to be in Tallahassee for an extended time, preference for unanimous vote, track record of Mr. Spearman, funding source, previous experience with lobbyists, and cost for a lobbyist.

Commissioner Higgs suggested Mr. Jenkins discuss with Mr. Spearman whether he could provide the service at $31,000.

Discussion ensued on whether there should be separate motions on whether to hire a lobbyist and how much to pay, getting what you pay for, lack of influence in Tallahassee, and how much to offer Mr. Spearman.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to direct the County Manager to make an offer to Spearman Management, Inc. of $31,000 to serve as the County?s lobbyist in Tallahassee, with funding to come from the allocation for Florida Association of Counties dues.

 

Commissioner Voltz inquired if the County paid the FAC dues; with Mr. Jenkins responding he is not sure.

Chairman O?Brien called for a vote on the motion. Motion carried and ordered unanimously.

 

 

 

 

PERSONAL APPEARANCE - MARGARET PULLEN, RE: CODE ENFORCEMENT

PROCEDURES AND SHERIFF?S DEPARTMENT

Margaret Pullen outlined her experience with Code Enforcement in dealing with her complaint against a neighbor for storage of junk, fuel, and heavy equipment on his property. She advised she

contacted Commissioner Scott Ellis, Assistant County Attorney Christine Lepore, John Sternagel, County Manager Tom Jenkins, Sheriff Jake Miller, Commander Skaggs, and Commissioner Scarborough. She advised her case was turned over to alternative dispute; she did not receive timely notice; and stated Code Enforcement is covering up for her neighbor. Ms. Pullen requested the Board get an injunction to make Code Enforcement do its job.

Chairman O?Brien stated on repeat violations of the Code, Code Enforcement can write citations, eventually a lien will be placed on the property, and if the citations are not paid, the County can begin foreclosure proceedings. He stated the avenue of the injunction can be taken through the Code Enforcement Board; and explained the process. Ms. Pullen advised she wants an injunction against Code Enforcement so they will do their job; Code Enforcement will not enforce the Code; and even their reports are incorrect.

Commissioner Voltz advised Ms. Pullen has been to her office; and she will work with her on the problem. She stated she will have her staff visit the property on a regular basis to get the problem cleared up.

Ms. Pullen stated when she was at Commissioner Scarborough?s office Code Enforcement Manager Roger Lyles said he would see that the bulldozer was removed from behind the house; and it was moved to the front of the house near the street.

Commissioner Scarborough stated the notice on the mediation was apparently not sent in a timely manner; and there are a lot of issues on both sides; and hopefully Commissioner Voltz can help resolve the problem.

 

PERSONAL APPEARANCE - EDWARD TIETIG, RE: MSBU PAVED AND UNPAVED ROADS,

AND EQUITABLE CONTRIBUTION

Edward Tietig requested the Board direct the County Attorney to review and prepare ordinances for the four road programs, and bring them back for the Board?s consideration. He requested the Board allow him to work with Mr. Knox on this issue. He read aloud a letter from Jim Ownby, Sunbelt Landowners Association, supporting his efforts toward road projects. He outlined a four-phase program as follows: (1) return the road MSBU to the area, (2) enact an unpaved road MSBU for each square-mile section, (3) continue the unpaved road single sponsor ordinance with equitable contribution, and (4) allow paved roads with equitable contribution.

Assistant County Attorney Shannon Wilson advised there is an additional avenue which can be pursued; and there is litigation pending, and the County Attorney is concerned about how the request may affect the litigation. She recommended the Board authorize the County Attorney to come back with a report on the issues.

PERSONAL APPEARANCE - EDWARD TIETIG, RE: MSBU PAVED AND UNPAVED ROADS,

AND EQUITABLE CONTRIBUTION (CONTINUED)

Mr. Tietig advised everything that has been done has been in pursuance of settlement; he and Mr. Knox stipulated to that months ago; and he does not know why this is being brought up. Ms. Wilson advised she brings it up at Mr. Knox?s request. Mr. Tietig advised Mr. Knox desires specific direction from the Board.

Community Development Administrator Peggy Busacca stated the memorandum which Mr. Tietig attached to his request outlines the outstanding issues to be addressed.

Commissioner Cook recommended directing the County Attorney to come back with a report. Mr. Tietig requested ordinances be prepared rather than a report. Commissioner Cook stated it is not necessary to draft a whole ordinance, but certain items could be drafted in the form of a report. County Manager Tom Jenkins advised Ms. Busacca already provided a report.

Chairman O?Brien inquired if the desire is to direct the County Attorney to bring back ordinances; with Commissioner Cook responding he does not want to go as far as drafting an ordinance until the Board reaches consensus on what it wants to do.

Ms. Wilson advised an analysis from the County Attorney is needed on impact to pending litigation as well as other options, including a special assessment.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to acknowledge presentation of Attorney Edward Tietig; and direct the County Attorney to prepare an analysis of the impact of Mr. Tietig?s request on pending litigation.

 

Bob Leichtenberg advised Mr. Tietig owns only a small fraction of the lots in Cape Kennedy Estates; and while the County is involved in litigation, the rest of the owners are getting hurt. He advised of the situation in Cape Kennedy Estates, need for some roads in the area, the unfairness of delaying action while litigation is pending, and the right to develop property.

Discussion ensued on issues to be addressed, right to sue, options, and rights of other taxpayers.

Chairman O?Brien called for a vote on the motion. Motion carried and ordered unanimously.

 

The meeting recessed at 7:18 p.m. and reconvened at 7:33 p.m.

 

AGREEMENT WITH CITY OF MELBOURNE AND FOREST CREEK DEVELOPMENT

CORPORATION, AMENDMENT TO AGREEMENT WITH KIMLEY-HORN & ASSOCIATES,

INC., AND RESOLUTION AUTHORIZING LAND TRANSFER, RE: MODIFICATIONS TO

POND C, DAIRY ROAD SOUTH WIDENING PROJECT

Commissioner Higgs stated the language staff provided is acceptable as maintenance responsibility has been clarified.

AGREEMENT WITH CITY OF MELBOURNE AND FOREST CREEK DEVELOPMENT

CORPORATION, AMENDMENT TO AGREEMENT WITH KIMLEY-HORN & ASSOCIATES,

INC., AND RESOLUTION AUTHORIZING LAND TRANSFER, RE: MODIFICATIONS TO

POND C, DAIRY ROAD SOUTH WIDENING PROJECT (CONTINUED)

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution authorizing transfer of an easement interest in County property; execute revised Drainage and Retention Agreement with City of Melbourne and Forest Creek Development Corporation for modifications to Pond C in conjunction with Dairy Road South widening project; execute Amendment to Agreement with Kimley-Horn & Associates, Inc. for redesign of Pond C; determine the value of the land transferred to the Developer to be of nominal value only; and authorize the Chairman to execute agreements, deeds, and resolutions necessary to expedite transfers, exchanges and acceptance of property. Motion carried and ordered unanimously. (See pages for Resolution No. 97-162, Agreements and Amendment.)

 

DISCUSSION, RE: RESOLUTION REQUESTING ST. JOHNS RIVER WATER MANAGEMENT

DISTRICT TO PRESERVE THE ENTIRE BULL CREEK WILDLIFE MANAGEMENT AREA

Billy Kempfer advised of the history of the Bull Creek Wildlife Management Area; stated the St. Johns River Water Management District has approached him twice to sell his property back to him; and explained his position to only consider transfer of easements. He advised negotiations are ongoing; Brevard County has no interest in this issue as the property is in Osceola County; and the only possible effect would be on water quality, which would be the same whether he or the State owns the property.

Chairman O?Brien stated the City of Palm Bay requested the Board consider a resolution requesting the St. Johns River Water Management District preserve the Bull Creek Wildlife Management Area in total. Commissioner Voltz advised she does not wish to adopt a resolution. Chairman O?Brien advised the Board reached consensus to take no action.

 

APPROVAL OF CITY OF MELBOURNE?S REQUEST, RE: CREATION OF NEW COMMUNITY

REDEVELOPMENT AREA

Tom Porcella requested the Board delay vote on the City of Melbourne?s request on the creation of a new community redevelopment area; and outlined his concerns and objections. He stated if the area is declared blighted, the taxes will go into a special development fund.

Chairman O?Brien explained how incremental taxes are handled in a community development area. Discussion ensued on where the money will go, impact to the City of Melbourne?s budget, investment on Babcock Street, lack of complete information, special fund for redevelopment funds, and length of time before any difference will be seen.

Peggy Braz, Planning and Zoning Administrator for the City of Melbourne, stated the City is requesting approval of a resolution delegating authority to the City to maintain a community redevelopment area; and advised of the changes on Babcock Street and the results of the blight APPROVAL OF CITY OF MELBOURNE?S REQUEST, RE: CREATION OF NEW COMMUNITY

REDEVELOPMENT AGENCY (CONTINUED)

study. She advised of the necessity to look at the traffic congestion, alignment, deteriorating infrastructure, water and sewer lines, outdated designs, lack of aesthetics, and drainage; and stated by doing those things, some life can be brought back to that area. She advised of community response; stated the City Council voted 6 to 1 in support of the action; and if the Board approves the resolution today, the City will move forward with developing a plan, which will be paid for by private money.

Pat Poole advised of written materials which she submitted earlier; stated the Agenda indicates the City of Melbourne is requesting creation of community redevelopment agencies; Cocoa made that request because it has two redevelopment projects; however, Melbourne does not.

Discussion ensued on Melbourne?s existing redevelopment agency, and Cocoa?s existing redevelopment agency.

Ms. Poole read a portion of the resolution; stated it was written by City Attorney Paul Gougelman; read a portion of Chapter 163.360, Florida Statutes; and advised the City Council did not adopt a resolution. He requested the Board postpone action until the City Council discusses the issue.

Discussion ensued on when the Melbourne City Council members get their Agenda and Council not getting a copy of the resolution.

Chairman O?Brien inquired what was the motion by the City Council; with Ms. Poole responding the City Council voted on a motion, not a resolution; and read aloud the motion, "that staff be directed to proceed with the necessary requirements to establish the Babcock Street corridor between Laurie Street and New Haven Avenue as a community redevelopment area. Commissioner Cook inquired if the Statute specifies that the City will adopt a resolution; with Ms. Poole responding yes.

Assistant County Attorney Shannon Wilson read aloud Chapter 163.360(1), Florida Statutes; and advised the governing body would be the City Council. Commissioner Cook stated the City Council would have to adopt a resolution first determining the area to be blighted. Discussion ensued on the proper procedure. Ms. Wilson advised the Council may not have had a resolution before it, but may have passed the concept of a resolution in the motion.

Ms. Braz advised Mr. Gougelman informed the City it was appropriate to come to the Board to be delegated the authority to create the area prior to its actual creation; and the Council needs to pass a resolution of necessity before the area is created; but Mr. Gougelman indicated it was necessary to come to the Board first. She advised Mr. Gougelman?s letter references Chapter 163.410, Florida Statutes; and read aloud a portion of the Statute.

Commissioner Higgs suggested taking action contingent on the City of Melbourne adopting a resolution. Ms. Poole objected to the action. Ms. Wilson advised she does not believe there would

be a problem. Ms. Poole reiterated the Council has not had a chance to discuss the resolution; and advised of the sale of Montgomery Ward and vacating of other properties on Babcock Street.

 

APPROVAL OF CITY OF MELBOURNE?S REQUEST, RE: CREATION OF NEW COMMUNITY

REDEVELOPMENT AGENCY (CONTINUED)

Chairman O?Brien stated this has come to the Board without the City Council making a decision. Commissioner Higgs advised there was a motion that was supported by the Council. Commissioner Cook stated there was a consensus of the Council to move forward; but questioned whether there was a resolution.

Ms. Poole recommended the issue be tabled to the next meeting to allow the Melbourne City Council to discuss it. Ms. Wilson read the provisions concerning the governing body; and stated it would be appropriate for the municipality to have the resolution in place, but it would not be inappropriate for the Board to approve a resolution subject to the City Council approving a resolution. Commissioner Voltz stated there is no hurry; and she would be more comfortable deferring it for two weeks. Commissioner Scarborough agreed it would be safer to delay.

Motion by Commissioner Voltz, to table consideration of the request of the City of Melbourne to create a new community redevelopment area.

 

Mayor John Buckley, City of Melbourne, advised the Council would have adopted a resolution if it had not received a letter from its attorney requesting it come to the Board first.

Discussion ensued on delaying the issue, reduction in assessments on Babcock Street corridor, majority support of the City Council, eligibility for grants, and education on incremental taxes.

Micah Savell advised the City of Melbourne is unfriendly to business; that contributes to the blight on the Babcock Street corridor; and what is needed is a spirit of cooperation.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to table consideration of resolution authorizing the City of Melbourne to create the North Babcock Street Corridor Community Redevelopment Area to September 9, 1997, to allow the Melbourne City Council to take appropriate action. Motion carried and ordered unanimously.

 

AUTHORIZATION TO SCHEDULE EXECUTIVE SESSION, RE: S. VASZARY V. BREVARD

COUNTY

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve scheduling an executive session to discuss Vaszary v. Brevard County. Motion carried and ordered unanimously.

WAIVER OF BID, ACCEPTANCE OF QUOTE, APPROVAL OF BUDGET CHANGE REQUEST,

AND AUTHORIZATION TO PURCHASE, RE: ELECTRONIC TELEPHONE PROCESSING

SYSTEM

Motion by Commissioner Higgs, seconded by Commissioner Cook, to authorize bids for Development Review electronic telephone processing system, award to the lowest qualified bidder,

WAIVER OF BID, ACCEPTANCE OF QUOTE, APPROVAL OF BUDGET CHANGE REQUEST,

AND AUTHORIZATION TO PURCHASE, RE: ELECTRONIC TELEPHONE PROCESSING

SYSTEM (CONTINUED)

and execution of contract with the successful bidder by the Chairman. Motion carried and ordered unanimously. (See page                                   for Contract.)

 

RESOLUTION OF NECESSITY, RE: MALABAR ROAD WIDENING PROJECT, PHASE II

Commissioner Higgs stated she supports moving forward with the project; however, she wants the Board to be aware it will be taking properties by quick take.

Discussion ensued on the advantages and disadvantages of quick take and slow take methods.

Motion by Commissioner Scarborough, to authorize proceeding with the Malabar Road Widening Project, using the quick take method.

 

Commissioner Higgs inquired why quick take was recommended in contrast to Board policy. Assistant Public Works Director Ed Washburn advised there is nothing in the language of the resolution that says quick take; this is the next step to move forward; and there may still be some parcels that can come back for negotiation.

Commissioner Cook inquired if staff is recommending quick take; with Mr. Washburn responding not on all the parcels. Commissioner Cook stated staff can come back to the Board at a later date if it has to go quick take on some parcels.

Commissioner Scarborough stated once it goes to condemnation, there is no negotiation; and once it goes beyond negotiation, there would be an ability to go quick take. Public Works Director Henry Minneboo stated some of the parcels can be negotiated in the next couple of weeks. Commissioner Scarborough stated if it cannot be negotiated, the County will still have to get the property. Commissioner Voltz stated in that case, the County will use quick take on the rest of them. Mr. Minneboo requested flexibility to negotiate for the next two weeks.

Discussion resumed on quick take versus slow take, difference between quick take and eminent domain, and condemnation processes.

Commissioner Higgs stated Mr. Minneboo can bring back the properties that cannot be brought to closure. She stated the language in the proposed resolution authorizes quick take. Commissioner Cook suggested deleting that language, and adopting the resolution of necessity.

Discussion resumed on quick take process, staff not committed to quick take on all properties, mechanism to move forward, quick take possible on 12 of 16 properties, and benefit to people.

 

 

 

RESOLUTION OF NECESSITY, RE: MALABAR ROAD WIDENING PROJECT, PHASE II

(CONTINUED)

Commissioner Higgs stated the County Attorney has cautioned against the quick take method. Commissioner Scarborough stated the County Attorney has encouraged the Board that it is a prudent way to proceed, and only certain Commissioners questioned it.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution of Necessity for Malabar Road Widening Project, Phase II, as prepared by the Public Works Department. Motion carried and ordered. Commissioner Cook voted nay. (See page for Resolution No. 97-156)

 

DISCUSSION, RE: USE OF VIDEO TAPES AT COUNTY COMMISSION MEETINGS

Motion by Commissioner Cook, seconded by Commissioner Voltz, to table consideration of a policy for playing personal video tapes at County Commission meetings until the County Manager places the item on a future agenda. Motion carried and ordered unanimously.

 

PERSONAL APPEARANCE - J. P. MCMENAMY, VICE PRESIDENT OF EAST COAST PAPER

STOCK, INC., RE: MAINTENANCE OF NOVA ROAD BY BREVARD COUNTY

Motion by Commissioner Cook, seconded by Commissioner Voltz, to table the personal appearance of J. P. McMenamy, Vice President of East Coast Paper Stock, Inc., concerning request that responsibility for maintenance of Nova Road be assumed by the County, until the County Manager places the item on a future agenda. Motion carried and ordered unanimously.

 

DISCUSSION, RE: ORDINANCE FOR PROTECTION OF JUVENILES

Motion by Commissioner Cook, seconded by Commissioner Voltz, to table discussion of proposed ordinance regarding protection of juveniles until the County Manager places the item on a future agenda. Motion carried and ordered unanimously.

 

APPROVAL OF BUDGET CHANGE REQUEST AND REPLACEMENT OF SYSTEM, AND

AUTHORIZE CHAIRMAN TO EXECUTE AGREEMENTS WITH GEAC COMPUTERS, INC., RE:

LIBRARY SERVICES AUTOMATION SYSTEM

Motion by Commissioner Cook, seconded by Commissioner Voltz, to table consideration of replacement of Library Services automation equipment until the County Manager places the item on a future agenda. Motion carried and ordered unanimously.

 

 

 

WARRANT LISTS

August 1 - 14, 1997 715113 - 717474 04 Suntrust of Titusville, N.A.

August 14, 1997 420745 - 421441 05 Suntrust of Titusville, N.A.

August 15, 1997 421442 - 422026 05 Suntrust of Titusville, N.A.

Sun Valley Stormwater Refund

 

Upon motion and vote, the meeting adjourned at 8:33 p.m.

 

 

___________________________________

ATTEST: RANDY O?BRIEN, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

___________________________

SANDY CRAWFORD, CLERK

Approved by the Board on 9-23-97.

( S E A L )