The Board of County Commissioners of Brevard County, Florida, met in regular session on October 26, 1999, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O'Brien, Nancy Higgs, Sue Carlson and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Bishop Stanley P. Moon, Church of Jesus Christ of the Latter Day Saints, Titusville, Florida.

Commissioner Helen Voltz led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve the July 13 and August 3, 1999 Regular Meeting Minutes. Motion carried and ordered unanimously.

DISCUSSION, RE: HALLOWEEN

Commissioner O'Brien stated parents in his neighborhood are wondering whether Halloween will be celebrated on Friday, Saturday or Sunday this weekend; sometimes in the past certain schools have told the children Halloween was going to be celebrated one night or the other; and inquired does the Board want to annually look at the calendar and try to pick that night for the entire County so every child knows when to go trick or treating.

Commissioner Voltz stated the School Board should handle it.

DISCUSSION, RE: STATE OF THE INDIAN RIVER LAGOON PUBLIC WORKSHOP

Commissioner Carlson stated the Marine Resources Council is having a State of the Indian River Lagoon Public Workshop on November 18, 1999, from 6:30 p.m. to 8:30 p.m.; the subject of the Workshop is the Manatee Protection Plan (MPP); she is sponsoring the meeting so it can be held in the Commission Chambers; and requested the Board co-sponsor the meeting to have it taped and shown on the government television channel.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to co-sponsor the State of the Indian River Lagoon Public Workshop on November 18, 1999, from 6:30 p.m. to 8:30 p.m. in the Government Center Commission Room. Motion carried and ordered unanimously.

DISCUSSION, RE: STATE OF THE INDIAN RIVER LAGOON PUBLIC WORKSHOP

Commissioner O'Brien stated the Marine Resources Council has not appeared before the Board during its Manatee Protection Plan hearings and brought forth any evidence or data; and it has not been a part of the planning process. He noted if the Council wants to have a televised meeting, it should pay the fee, or the Board should discuss at this time the Policy on Videotaping and/or Telecasting Special Events by agencies and organizations external to County Government.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to reconsider the State of the Indian River Lagoon Public Workshop item under Item V.A. Motion carried and ordered unanimously.

DISCUSSION, RE: COST OF LIVING ADJUSTMENT (COLA)

Commissioner Carlson stated she received a memorandum from Human Resources Department regarding COLA increases; it is anticipated on October 26, 1999, the Board would be approving COLA increases; however, it is not in the packet. She requested the County Manager review the memorandum and provide comment.

APPROVAL, RE: TRAVEL TO VISIT HIGH-TECH INDUSTRIES

Commissioner Carlson stated she went to San Jose last week; it was informative and interesting; and the major reason for the trip was to gather information on economic development, including how development has been handled in Silicon Valley. She stated Lynda Weatherman was also there; and she saw that Brevard County needs to address the inconsistent zoning across city and county boundaries, the limited university research activities, lack of incubators to support startups and spinoffs, limited venture capital access, infrastructure deficiencies to support long-term growth, and inefficient and slow permitting process. She noted the cities and the county work together there; San Jose has 15 or 17 school districts in its city; each board has seven members; it has a poor education system at the public school level for elementary, junior high, and high school; but the university level is all right. She stated the digital divide has created such a high cost of living that it is not a good environment for teachers because they do not get paid very well, so they do not get good teachers at the lower level. Commissioner Carlson stated Brevard County can learn from these other places; and if the biggest thing it learns is how to prevent the digital divide, it will be doing very well. She presented a souvenir of an umbrella hat for each Commissioner.

Commissioner Higgs stated there is a great deal of written information about what is being successful around the country and how they are doing it; there is a lot to learn; and the best way for her to learn is venturing into those things as opposed to a direct visit.

APPROVAL, RE: TRAVEL TO VISIT HIGH-TECH INDUSTRIES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant permission for any Commissioner to travel to Silicon Valley in California or any other location to visit high-tech industries prior to the meeting with the Economic Development Council. Motion carried and ordered; Commissioners O'Brien and Higgs voted nay.

Commissioner Higgs stated Orange County did a study approximately four years ago that focused its economic development and set goals and benchmarks for industry; and requested staff provide copies to each Commissioner, as the County can piggyback on what other counties have done. She suggested staff provide research from around the State on what other municipalities and counties have done. Commissioner Carlson noted the State has also done an economic development study, and the Board can review that as well.

Chairman Scarborough stated the Mid-Florida Development Commission has determined that it wants to increase the scope and scale of the analysis; and the Board may have an opportunity to utilize that specifically for Brevard County. Commissioner Carlson stated Brevard County has all the assets, but it needs to get them organized. Commissioner Higgs stated the County is in the top ranks for economic and high-tech industry; its involvement in the space program and other high-tech industries, as well as its considerable base of manufacturing which is far in excess of the rest of the State of Florida; however, no product continues to stay at the high end. Chairman Scarborough stated Brevard County should and can do more than it is doing. Commissioner Carlson stated the County needs to focus on multiple industries, not just high- tech, and try to get the cleanest industry.

APPROVAL, RE: PERMISSION TO EXTEND TAX ROLL

Tax Collector Rod Northcutt requested the Board extend the 1999 tax roll which will allow the Value Adjustment Board (VAB) to complete its work, as provided for in Chapter 197.323, Florida Statutes. He stated it is a procedural process that allows the tax bills to be mailed out while the VAB continues to hear appeals.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to extend the 1999 tax roll, pursuant to Chapter 197.323, Florida Statutes. Motion carried and ordered unanimously.

PERMISSION TO ARRANGE MEETING, RE: SECRETARY OF THE DEPARTMENT OF CHILDREN AND FAMILIES JUDGE KATHLEEN KEARNEY

Harold Koenig requested arrangement of a meeting with Secretary of the Department of Children and Families Judge Kathleen A. Kearney on November 15, 1999, with a community forum to be held from 9:00 a.m. to 11:00 a.m., followed by a meeting with the Board and a working lunch.

PERMISSION TO ARRANGE MEETING, RE: SECRETARY OF THE DEPARTMENT OF CHILDREN AND FAMILIES JUDGE KATHLEEN KEARNEY

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to direct the County Manager to arrange a meeting with Judge Kathleen A. Kearney, Secretary of the Department of Children and Families, on Monday, November 15, 1999, with a community forum to be held from 9:00 a.m. to 11:00 a.m., followed by a meeting with the Board of County Commissioners and a working lunch, similar to the meeting with James McDonough, Director of Florida Office of Drug Control. Motion carried and ordered unanimously.

Commissioner Higgs stated the Board needs some framework on what it plans to discuss at the meeting; and suggested the County Manager provide a report at the next meeting on the issues to be discussed.

REPORT, RE: GOVERNMENT TELEVISION CHANNEL

County Manager Tom Jenkins advised Time Warner Communications Corporation has made Channel 1 available to all local governments; the County will begin broadcasting on the local government television channel on November 1, 1999; and the County hopes to have it on all cable systems throughout the County, but initially, it will be on Time Warner. He noted the County will start off with scrolled information from various local governments; it will have some original programming; and as time progresses, it will try to expand its programming. He stated County Commission meetings will be covered live; other local government meetings will probably be covered through tape as time progresses; and the meetings will continue to be broadcast on the WBCC Channel.

RESOLUTION, RE: HONORING MARIE RINGO HOLDERMAN

Commissioner O'Brien read aloud a resolution recognizing Marie Ringo Holderman in remembrance of her pioneering spirit, hard work, and outstanding community contributions; and presented the resolution to the City Manager of Cocoa.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution recognizing Marie Ringo Holderman in remembrance of her pioneering spirit, hard work, and outstanding community contributions. Motion carried and ordered unanimously.

Attorney Richard Amari, City of Cocoa, expressed appreciation to the Board on behalf of the City of Cocoa for the Resolution.

FINAL ENGINEERING APPROVAL, AND ACCEPTANCE OF RIGHT-OF-WAY DEEDS FROM NORMA DARLING ARNOLD TRUST AND FRANK E. JONES, RE: JONES TRAIL

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to grant final engineering approval for Jones Trail, subject to minor engineering changes as applicable; and accept right-of-way deeds from Norma Darling Arnold Trust and Frank E. Jones upon completion of the roadway construction. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: AQUARINA, OSPREY VILLAS, PHASE II

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to grant final plat approval for Aquarina, Osprey Villas, Phase II and approve a 4.75-foot reduction in the building setback of 25 feet to 21.25 feet, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: BAYTREE PUD, PHASE 2, STAGES 1 AND 2

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to grant final plat approval for Baytree PUD, Phase 2, Stages 1 and 2, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH MICHAEL BONAIUTO, RE: PONDEROSA ROAD SOUTH

Motion by Commissioner Voltz, seconded by O'Brien, to execute Unpaved Road Agreement with Michael Bonaiuto for a building permit off an existing right-of-way on Ponderosa Road South constructed to the standards of the Unpaved Road Ordinance 97-02. Motion carried and ordered unanimously.

REQUEST FROM WILLIAM ARNOFF, CHI DEVELOPMENT, INC., RE: REDUCTION OF FINE AND RELEASE OF CODE ENFORCEMENT LIEN ON 2629 TOUPS TRAIL, TITUSVILLE

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to waive accrued Code Enforcement fine for William Arnoff, CHI Development, Inc. on property at 2629 Toups Trail,

REQUEST FROM WILLIAM ARNOFF, CHI DEVELOPMENT, INC., RE: REDUCTION OF FINE AND RELEASE OF CODE ENFORCEMENT LIEN ON 2629 TOUPS TRAIL, TITUSVILLE

Titusville, accept prosecution costs in the amount of $234, and direct staff to prepare and execute release and satisfaction of lien. Motion carried and ordered unanimously.

CONTRACT WITH FLORIDA DEPARTMENT OF HEALTH, RE: PUBLIC AND ENVIRONMENTAL HEALTH SERVICES FUNDS FOR FY 1999-00

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Contract with Florida Department of Health for public and environmental health services funds for FY 1999-00. Motion carried and ordered unanimously.

RESOLUTIONS AUTHORIZING LEASES AND AMENDMENTS TO LEASE AGREEMENTS WITH NATIONAL TECHNICAL ASSOCIATION AND PROGRESSIVE ACTION SOCIETY, RE: SPACE AT GIBSON COMMUNITY CENTER

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolutions and execute Amendments to Lease Agreements with National Technical Association and Progressive Action Society for space at Gibson Community Center. Motion carried and ordered unanimously.

CHANGE ORDER NO. 2 TO TASK ORDER NO. 53718-97-001 WITH CAMP, DRESSER & MCKEE, INC., RE: STORMWATER NEEDS ASSESSMENT

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve Change Order No. 2 to Task Order No. 53718-97-001 with Camp, Dresser & McKee, Inc. to extend contract time by seven (7) additional months for stormwater needs assessment for approximately 5,000 additional structures. Motion carried and ordered unanimously.

CONTRACT WITH SANTA CRUZ CONSTRUCTION, INC., RE: CONSTRUCTION OF BROADWAY BOULEVARD DRAINAGE IMPROVEMENTS

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Contract with Santa Cruz Construction, Inc. for construction of the Broadway Boulevard drainage improvement project. Motion carried and ordered unanimously.

APPROVAL OF OPEN PURCHASE ORDER TO FLORIDA TODAY, RE: PRINTING OF SPACE COAST VISITOR GUIDE

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve an open purchase order in the amount of $38,000 to Florida TODAY for the printing of 400,000 Space Coast Visitor Guides for Fiscal Year 99-00. Motion carried and ordered unanimously.

SUBORDINATION, ATTORNMENT AND NONDISTURBANCE AGREEMENT WITH UNION CENTRAL LIFE INSURANCE COMPANY AND RUTH C. AND FRED D. BOOZER TRUST, RE: LEASED PREMISES FOR PUBLIC HEALTH DEPARTMENT

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute a Subordination, Attornment and NonDisturbance Agreement with Union Central Life Insurance Company and Ruth C. and Fred D. Boozer Trust for leased premises for Public Health Department located at 2275 South Babcock Street, Melbourne, Florida. Motion carried and ordered unanimously.

FINAL APPROVAL, RE: PINE ISLAND CONSERVATION AREA MANAGEMENT PLAN

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to grant final approval of Pine Island Conservation Area Management Plan with St. Johns River Water Management District; and authorize the Chairman to sign the Plan. Motion carried and ordered unanimously.

CONTRACT WITH FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION AND ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, RE: MANAGEMENT OF PINE ISLAND CONSERVATION AREA

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Contract with Florida Fish and Wildlife Conservation Commission and St. Johns River Water Management District for management of Pine Island conservation area for small game hunting. Motion carried and ordered unanimously.

GRANT-IN-AID AGREEMENT WITH OFFICE OF THE STATE COURTS ADMINISTRATION, RE: ARTICLE V TRUST FUNDS

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Grant-in-aid Agreement with Office of the State Courts Administration for distribution of $143,718 from the State of Florida's Article V Trust Fund. Motion carried and ordered unanimously.

SUPERVISORY UNIT CONTRACT WITH AFL-CIO, IAFF LOCAL 2969, RE: BREVARD COUNTY FIRE RESCUE

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Supervisory Unit Contract with AFL-CIO, IAFF Local 2969 for Brevard County Fire Rescue effective October 2, 1999. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH COASTAL HEALTH SYSTEMS, RE: SCAT MEDICAID NON-EMERGENCY TRANSPORTATION

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Amendment to Agreement with Coastal Health Systems for SCAT Medicaid Non-emergency transportation that establishes a single rate for adjacent counties. Motion carried and ordered unanimously.

AGREEMENT WITH CENTRAL BREVARD HUMANE SOCIETY, RE: CENTRAL AND SOUTH BREVARD ANIMAL SHELTERING SERVICES

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Agreement with Central Brevard Humane Society for animal sheltering services in Central and South Brevard County from October 1, 1999 through September 30, 2000. Motion carried and ordered unanimously.

AGREEMENT WITH DEPARTMENT OF ENVIRONMENTAL PROTECTION, OFFICE OF BEACHES AND COASTAL SYSTEMS, RE: SHORE PROTECTION PROJECT FUNDS

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Agreement with Department of Environmental Protection, Office of Beaches and Coastal Systems, for a Brevard County Shore Protection Project grant. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, AND APPOINT SELECTION AND NEGOTIATING COMMITTEES, RE: ENGINEERING SERVICES FOR BAREFOOT BAY WATER AND SEWER DISTRICT

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to grant permission to advertise request for proposals for engineering services for Barefoot Bay Water and Sewer District; and appoint Commissioner Higgs or her designee, County Manager Tom Jenkins or his designee, Water Resources Director Richard Martens, and F. T. Siener to the Selection Committee, and Mr. Jenkins or his designee, Mr. Martens, and Mr. Siener to the Negotiating Committee. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, AND APPOINT SELECTION AND NEGOTIATING COMMITTEES, RE: ENGINEERING SERVICES FOR SOUTH BEACHES SEWER SYSTEM EVALUATION SURVEY

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to grant permission to advertise request for proposals for engineering services for South Beaches Sewer System Evaluation Survey; and appoint Commissioner Carlson or her designee, County Manager Tom Jenkins or his designee, Water Resources Director Richard Martens, and F. T. Siener to the Selection Committee, and Mr. Jenkins or his designee, Mr. Martens, and Mr. Siener to the Negotiating Committee. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACTS, RE: BIOMEDICAL WASTE TRANSPORTATION AND DISPOSAL SERVICES FOR HOUSEHOLD USED SHARPS PROGRAM

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to grant permission to bid and award bid to lowest qualified bidder, and authorize the Chairman to execute a three-year contract for disposal services for Household Used Sharps Program; extend the current Contract with BioWaste Industries, Inc. until a new contract is executed; and authorize the County Manager to execute change orders to the current and new Contracts. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH CAPE CANAVERAL MARINE SERVICES, RE: DERELICT VESSEL REMOVAL SERVICES

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve Change Order No. 1 to Agreement with Cape Canaveral Marine Services for removal of derelict vessels, adding removal of a 70-foot dredge sunk near the intersection of Sykes Creek and the Barge Canal, not to exceed $75,850. Motion carried and ordered unanimously.

LABOR AGREEMENT WITH LABORER'S INTERNATIONAL UNION, LOCAL 678, RE: MODIFICATION OF ARTICLES

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to ratify the tentatively agreed upon modifications to six Articles in the Collective Bargaining Agreement presented, and authorize the County Manager to execute the Labor Agreement as provided for by Section 447.309, Florida Statutes. Motion carried and ordered unanimously.

APPROVAL, RE: PUBLICATION OF SUMMARY NOTICE OF SALE AND PRELIMINARY OFFICIAL STATEMENT FOR CONSTITUTIONAL GAS TAX REVENUE BONDS

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve publication of the Summary Notice of Sale, and authorize the County Manager or his designee to finalize the Preliminary Official Statement for the Constitutional Gas Tax Revenue Bonds. Motion carried and ordered unanimously.

APPOINTMENT, RE: VETERANS MEMORIAL PARK ADVISORY BOARD

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to appoint Melvin Mueller, 1350 Scorpious Court, Merritt Island, Florida 32953, to the Veterans Memorial Park Advisory Board, replacing Adam Flores, with term of appointment expiring October 25, 2000. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve the Bills and Budget Changes, as submitted. Motion carried and ordered unanimously.

DISCUSSION, RE: ADDITIONAL HOMESTEAD EXEMPTION FOR LOW-INCOME HOMEOWNERS 65 YEARS OLD AND ABOVE

Management Services Director Stockton Whitten stated effective July 1, 1999, the Legislature enacted Chapter 99-341, Laws of Florida, granting a possible exemption to seniors 65 years and older with an adjusted income of $20,000 or less; the State has estimated the impact to the County to be $2.2 million; and the staff report in the package estimates impact to the County to be $2.9 million.

Commissioner Voltz stated $2.9 million is quite a hit, and the County cannot do that right now because it is a lot more money than she thought it would be.

Commissioner Carlson advised County Manager Tom Jenkins brought up some interesting ideas, including talking to the cities to see if they are interested in the concept, and looking at an emergency assistance fund for those individuals who qualify. She stated a lot of the problem is based on adjusted household income; a needy family on a limited budget could be helped, but perhaps not across-the-board like this without any accountability; and there needs to be checks and balances if the County is going to do it.

DISCUSSION, RE: ADDITIONAL HOMESTEAD EXEMPTION FOR LOW-INCOME HOMEOWNERS 65 YEARS OLD AND ABOVE

Chairman Scarborough stated there conceivably could be some people who are very well off who would get this and other people who need it who would not.

County Attorney Scott Knox stated he needs to review what kind of flexibility the Board has. Chairman Scarborough stated if the County cannot redefine gross income, it will be a real problem. Attorney Knox stated one alternative is to sponsor a piece of Legislation that would address some of the problems; and he is sure other counties have faced the same issues. Chairman Scarborough stated perhaps this can be brought up with the Florida Association of Counties (FAC).

Commissioner Higgs stated the County has an Emergency Assistance Program currently in place; and inquired if it can expand the Program to address the problems experienced by the elderly and needy. Attorney Knox stated he has not done a lot of research on it, but if such a Program exists, the Board can set criteria in an ordinance and provide a pool of money to address the need. Commissioner Higgs stated local government is going to be the focus of so many programs in the next century, and it is not going to be coming from the federal government; the shifting of the paradigm is important for everyone to understand; and it is just beginning.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to not implement the additional homestead exemption for low-income homeowners 65 years and older; and direct the County Manager to develop a plan on how to use the Emergency Financial Aid Program. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN PLAT OF JUNE PARK - CATHY B. RHODEN

Chairman Scarborough called for the public hearing to consider a resolution vacating right-of-way in Plat of June Park, as petitioned by Cathy B. Rhoden.

Cathy Rhoden stated approximately one month ago she requested vacation of the right-of-way in Plat of June Park; and she wants to do some remodeling to her house.

Assistant Public Works Director Ed Washburn stated various County Departments are opposed to vacating any of the right-of-way; Ms. Rhoden is in violation of the setback; and in order to expand her house on the lot, she would have to get a variance from the Board of Adjustment.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN PLAT OF JUNE PARK - CATHY B. RHODEN

Commissioner Voltz stated Road and Bridge, Traffic Engineering, Land Development, Engineering, and Land Acquisition Departments oppose the vacation, so she cannot support it.

There being no further comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Scarborough, to deny request of Cathy Rhoden to vacate right-of-way in Plat of June Park; and waive $400 Board of Adjustment fee. Motion carried and ordered; Commissioners O'Brien and Higgs voted nay.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENT IN COPPERFIELD SUBDIVISION - WOODROW W. AND SHIRLEY M. NELSON

Chairman Scarborough called for the public hearing to consider a resolution vacating public utility easement in Copperfield Subdivision, as petitioned by Woodrow W. and Shirley M. Nelson.

Commissioner Higgs stated the applicant is requesting 18 inches, although the vacation will be larger than that; and inquired can the Board grant the 18 inches.

Assistant Public Works Director Ed Washburn stated the applicants want to construct a cement block retention wall to separate their property from the orange groves which will help with the water runoff. Commissioner Higgs inquired does the block wall have to be in the easement area; with Mr. Washburn responding it will be beyond the 18 inches. Commissioner Higgs inquired will Brevard County need it for drainage; with Mr. Washburn responding no.

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution vacating public utility easement in Copperfield Subdivision, as petitioned by Woodrow W. and Shirley M. Nelson. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE EASEMENTS IN SNUG HARBOR LAKES, UNRECORDED PLAT - ABBOTT MANUFACTURED HOUSING, INC.

Chairman Scarborough called for the public hearing to consider a resolution vacating public utility and drainage easements in Snug Harbor Lakes, Unrecorded Plat, as petitioned by Abbott Manufactured Housing, Inc.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE EASEMENTS IN SNUG HARBOR LAKES, UNRECORDED PLAT - ABBOTT MANUFACTURED HOUSING, INC.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution vacating public utility easement in Snug Harbor Lakes, Unrecorded Plat, as petitioned by Abbott Manufactured Housing, Inc. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION AUTHORIZING EXCHANGE OF PROPERTY FOR BROCKETT ROAD IMPROVEMENT PROJECT

Chairman Scarborough called for the public hearing to consider a resolution authorizing exchange of property for Brockett Road Improvement Project.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution authorizing exchange of property for Brockett Road Improvement Project in Section 8, Township 21 South, Range 35 East. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, ARTICLE IX, SECTIONS 62-3304 AND 62-3305, NONCONFORMING SIGNS AND REMOVAL OF ILLEGAL OR ABANDONED SIGNS

Chairman Scarborough called for the public hearing to consider an ordinance amending Chapter 62, Article IX, Sections 62-3304 and 62-3305, Nonconforming Signs and Removal of Illegal or Abandoned Signs.

Barbara Jagrowski, representing League of Women Voters, stated page 4, (7) says, "If a sign has been unpermitted, but has been there for four years and maintained, someone can get a permit; and if it is unpermitted, it is illegal and should be removed."

County Attorney Scott Knox stated if the sign has been there for four years, meets the criteria for permitting, the County has not issued any notice of violation, the Statute of Limitations has run out for the County to do something about it as an unpermitted sign, an individual can get a permit at that point. Chairman Scarborough stated the County cannot make someone take down the sign due to the Statute of Limitations, but it can make them get a permit. Attorney Knox stated if they do not do that, they would have a new violation.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, ARTICLE IX, SECTIONS 62-3304 AND 62-3305, NONCONFORMING SIGNS AND REMOVAL OF ILLEGAL OR ABANDONED SIGNS

Ms. Jagrowski inquired is the County bound by the $300 in the Florida Constitution, or can the Board increase that amount; with Assistant County Attorney Christine Lepore responding the limit for an ordinance violation is $500 per occurrence.

Commissioner Carlson stated there needs to be a time frame included, so that when a sign has been identified, the individual has a certain number of days before he/she will be fined or the sign taken down; and inquired what time frame is reasonable. Commissioners O'Brien and Voltz stated 10 days is sufficient. Chairman Scarborough stated the ordinance encourages individuals to come in initially and get a permit to comply.

Commissioner Voltz stated page 3, first paragraph, should read, "Any sign which is located in the unincorporated area of Brevard County" instead of "or Brevard County." She noted the bottom of page 5 states, "For the purposes of this section, a notice to the sign owner, when required, constitutes sufficient notice. Under such circumstances, notice is not required to be provided to the lessee, advertiser or the owner of the real property on which the sign is located." She stated sometimes they are all in one; with Attorney Knox responding generally the billboard companies either rent the land or buy strips of land for billboards. Chairman Scarborough stated the ordinance may need to say, if the sign owner cannot be identified, notification to the real property owner will suffice for the purpose of this section.

Motion by Commissioner O'Brien, to change the word in paragraph (2) on page 3 from "or" to "of; include language on the bottom of page 3 that the real property owner be noticed in the event the sign owner cannot be noticed; page 4 include penalty of $500; and add compliance within 10 days.

Attorney Lepore stated another way to handle the Statute of Limitations issue is to make each day the sign is located without a permit constitutes a separate offense.

Commissioner O'Brien requested staff come back with language on a separate piece of paper for the Board's review rather than having strike throughs and underlines. Chairman Scarborough stated the item will be continued until later in the meeting.

The meeting recessed at 10:38 a.m. and reconvened at 10:57 a.m.

PERSONAL APPEARANCE - KEITH HOWARD, RE: DOGS ON THE BEACH

Keith Howard stated he previously spoke to most of the Board members and provided them with information packets; he met with Commissioner Higgs, Lorin Salob, and various County department heads; and proposals were put together. He stated proposal one is a six-month trial from south of Melbourne Beach; individuals would be able to walk their dogs between 6:00 a.m. to 9:00 a.m. and 6:00 p.m. to 9:00 p.m.; it would not affect any cities at this time; the dogs must be leashed and the owners must clean up after them; and there would be a citizens group to work with Animal Control and help work through the problems. Mr. Howard stated proposal two would be creation of a dog park on a six-month trial basis; there was no consensus on what would be a good location at this time; it is up to the Board's discretion; and dogs must be leashed at all times, and the owners must clean up after them. He noted the same community review would also be required.

Robert Pecor stated from his observations of dogs on the beach, there have not been any problems; and he does not believe there is going to be a massive number of dogs on the beach if an ordinance is approved on a trial basis.

Sy Rosen stated he has been living on the beach since 1980; he wanted to address concerns of the environmentalists that dogs tend to dig up turtle nests; however, dogs can be trained.

Lorin Salob stated it is time to try something different and show people that it will work out; responsible dog owners can make a difference; and there are a number of individuals who want to make this a good experience.

Ernie DeSantis stated it is a privilege to live on the beach; the dog owners who live on the beach are always carrying a bag and picking up debris; they are responsible individuals; and requested the Board give them a chance.

Commissioner Higgs stated the individuals present today are strongly supportive of a change to the County's Ordinance which would allow people to walk their dogs on the beach in a limited area; she has not in the past supported a change to the Ordinance because they were always far reaching and universal in terms of what was being proposed; and she is not ready to support a change Countywide, but is willing to look at a proposal, limited in scope and time, and similar to what has been proposed. She suggested the Board move forward to get draft language, a staff report, look at the problems, and how it might manage this; the hours proposed and the restrictions are reasonable; and she supports looking at it and bringing it back to see what all the facts are.

Commissioner Voltz stated she supports a limited change; and suggest looking at Canova Beach because there is basically nothing there, except a lot of rocks and few people.

PERSONAL APPEARANCE - KEITH HOWARD, RE: DOGS ON THE BEACH

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to direct staff to develop ordinance language for a one-year trial program to allow dogs on the beach during certain hours including maps showing specific areas for dogs, and cities allowed to opt in.

Commissioner Carlson stated she does not mind studying it, bringing back an ordinance and looking at all the detail, but is concerned with health and safety issues; she is also concerned with having a dog park on the beach; she has a lot of respect for those individuals who are responsible dog owners; but it only takes one lawsuit against the County if a dog bite situation occurs. She noted she will not support a motion for a one-year trial period, but would support a six-month period. Chairman Scarborough stated the trial period issue can be part of the ordinance and does not need to be defined at this time.

Commissioner Voltz requested a report on a beach tag program for dogs.

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

PUBLIC HEARING, RE: APPEAL OF ERIC AND SHERYL OYER FOR ADMINISTRATIVE INTERPRETATION OF COMPREHENSIVE PLAN CONSERVATION ELEMENT POLICY 3.4 AND SURFACE WATER PROTECTION ORDINANCE SECTION 62-3668

Chairman Scarborough called for the public hearing to consider appeal of Eric and Sheryl Oyer for administrative interpretation of Comprehensive Plan Conservation Element Policy 3.4 and Surface Water Protection Ordinance Section 62-3668.

Debbie Coles, Office of Natural Resources Management, stated the Oyers are appealing the County's administrative decision to deny their request. She advised they are doing improvements to their home that would increase a current situation that is not conforming with the setback from the surface water body, and would increase the amount of impervious surface within the surface water protection buffer. She noted staff has moved this forward because the house is already non-conforming; and the Oyers want to present some improvements to the property that would offset the further encroachment.

Eric Oyer stated Attachment B shows the changes in their project plan; the green area shows the new outline of the proposed home; the yellow areas show the removal of impervious structure; the blue areas are the additions; and they are trying to square in the two corners of their home and take out the sidewalk area and put in a raised area of decking associated with the permit already approved for the dock.

PUBLIC HEARING, RE: APPEAL OF ERIC AND SHERYL OYER FOR ADMINISTRATIVE INTERPRETATION OF COMPREHENSIVE PLAN CONSERVATION ELEMENT POLICY 3.4 AND SURFACE WATER PROTECTION ORDINANCE SECTION 62-3668

He noted the increase is from 41.2% to 41.8% impervious structure within the 50-foot setback of the canal; and it will be an overriding public benefit because it will enhance the natural functions, reduce pollutants going into the canal, and support water retention plans.

Commissioner O'Brien stated the Oyers have done an exceptional job trying to trade back with the County; government does not want to be punitive toward their rights to enjoy their property; moving the septic tank away from the water body is what the laws were intended to achieve; and the Local Planning Agency (LPA) voted in favor of the Oyers' appeal on September 27, 1999.

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Voltz, to approve mitigating property improvements provided as part of a remodeling project at Eric and Sheryl Oyers' home located at 441 Milford Point Drive, Merritt Island, within the Surface Water Protection Buffer. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: REQUEST BY P. F. AND PAMELA NOHRR AND LAUREN AND BETTY KOONIN FOR VARIANCE TO BREVARD COUNTY COASTAL SETBACK LINE OF ORDINANCE 85-17

Chairman Scarborough called for the public hearing to consider request by P. F. and Pamela Nohrr and Lauren and Betty Koonin for variance to Brevard County Coastal Setback Line of Ordinance 85-17.

Edward Fleis, representing the property owners, stated the variance is for a maximum of 15 feet; it is on a parcel of property that has previously been disturbed; it was developed in the past as Pirates Cove; and in looking at the criteria for review of a variance, they have obtained the records from Department of Natural Resources (DNR) for Reference Monument 107 which is on the north property line of the site, and reference Monument R107 which is located approximately 700 feet south of the site. He noted Monument 107 indicated approximately six feet of erosion has occurred since 1972; in the Olson report, its analysis indicated since 1878 there has been very little change in the shoreline; on this particular site, the buildings to the north and south have been built landward of the Coastal Construction Control Line; and the northeast corner of their building would lie landward of the existing foundation on the site. Mr. Fleis stated the southeast corner of the building would be 6.28 feet landward of the Brevard

PUBLIC HEARING, RE: REQUEST BY P. F. AND PAMELA NOHRR AND LAUREN AND BETTY KOONIN FOR VARIANCE TO BREVARD COUNTY COASTAL SETBACK LINE OF ORDINANCE 85-17

County Setback Line; the pool was be located landward of the Line; and the dune will be restored and sea oats planted seaward of the building. He requested approval of a maximum 15-foot variance; stated staff has concurred with their evaluations and has indicated the applicant would be eligible for a maximum of 19 feet; granting the variance would not be contrary to the public interest; and the owners will be dedicating a 20-foot wide public beach access on the south 20 feet of the property.

Allen Bernstein advised of concerns from citizens regarding the proposed request for variance; stated a petition is being circulated which will be presented to the County when completed; the proposed structure exceeds the current Building Code heights and far exceeds the adjacent properties two and three-story heights; and it will affect property values and the public interest under the current conditions.

Barbara Jagrowski stated in light of the recent damages that have been done to Brevard's beaches due to Hurricanes Floyd and Irene, she would request the Board consider the variance request with its eyes wide open; advised of the recent devastation that has been done to the Breakers in Melbourne Beach; stated to allow this variance is asking for trouble; and requested the Board deny it.

Mr. Fleis stated the request is consistent with Ordinance No. 85-17; the data based on field measurements by DEP and studies done by Olson indicate this is one of the most stable areas of the beach; there needs to be some restoration of the beach; and the applicants propose to do things as part of the project which should have a positive effect.

Commissioner Voltz stated there is quite a bit of erosion on the south side of the property; the property owners have a right to do something on this property, whether it is a 40-foot building or 60-foot building; that is not an issue today; but she is not sure how comfortable she feels about it, and would request input from the other Board members.

Commissioner Carlson stated granting the variance is contrary to the public interest; there is interest in trying to preserve the vistas that the County has; the owners of the property have the right to build something on it; hopefully they will renourish the dune; but the County does not need as high a building as they are talking about, and it needs to compliment the existing area; so she cannot support a motion for this particular item.

PUBLIC HEARING, RE: REQUEST BY P. F. AND PAMELA NOHRR AND LAUREN AND BETTY KOONIN FOR VARIANCE TO BREVARD COUNTY COASTAL SETBACK LINE OF ORDINANCE 85-17

Commissioner Higgs stated there is significant reasonable use of the property without the variance to the Coastal Construction Line; the County continues to learn that building closer to the dune is not very wise; that mistake does not need to be made again; and she will support denial of the variance.

There being no further comments heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to deny request by P. F. and Pamela Nohrr and Lauren and Betty Koonin for variance to Brevard County Coastal Setback Line of Ordinance No. 85-17. Motion carried and ordered unanimously.

DISCUSSION, RE: POLICY ON VIDEOTAPING AND/OR TELECASTING SPECIAL EVENTS BY AGENCIES AND ORGANIZATIONS EXTERNAL TO COUNTY GOVERNMENT

Commissioner Higgs stated the County has good capabilities for providing taping and public information; they should be at the expense of the group, unless it is a Board of County Commissioners meeting or an appointed group of citizens; and in those cases, it is a legitimate expense of government to provide that on the channel. She stated if there are other groups that want to do taping, it is totally their business, but those things that go on the public channel should be government-related business. She noted if private groups want to provide video for other things then that is their prerogative, but the government channel should be for an appointed group of citizens or the Board of County Commissioners.

Commissioner Carlson stated to get something on the government channel, the Board has to sponsor it; it does not mean that they do not pay to get it on; and the Marine Resources Council (MRC) is having a State of the Indian River Lagoon public workshop and is interested in doing a public forum for questions regarding the Manatee Protection Plan (MPP). She stated the MRC is trying to be a more objective body and bring out the facts based on its understanding and research of the Lagoon; and it is an ideal thing to be publicized if the County wants to solicit objective information on the MPP so there is not the constant diversion of individuals on that item.

County Manager Tom Jenkins stated it is important to separate videotaping from broadcasting on the cable as they are two separate issues.

Commissioner O'Brien stated the County's money spent here should be spent only on Brevard County government and its own Committees, and that is it.

DISCUSSION, RE: POLICY ON VIDEOTAPING AND/OR TELECASTING SPECIAL EVENTS BY AGENCIES AND ORGANIZATIONS EXTERNAL TO COUNTY GOVERNMENT

Commissioner Higgs stated the channel is for a city/county government; and the cities may broadcast on the channel at their expense.

Chairman Scarborough stated the Board of County Commissioners is not the only governmental entity in Brevard County; it represents everyone in Brevard County, and everybody pays County taxes and votes for Commissioners, whether they are in a municipality or not. He stated some people have dual representation; and the cities are being invited to participate, so the County is not precluding them, but the Board needs to set tight guidelines.

Mr. Jenkins stated the County provides a tremendous amount of service to the public, and it wants the public to fully understand what services are available to them.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve policy that videotaping only occur for the meetings of appointed boards and the Board of County Commissioners, including County government programs approved by the County Manager. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve videotaping in the Government Center Commission Room for other governmental agencies, municipalities, School Board, or Canaveral Port Authority at $100 per hour. Motion carried and ordered unanimously.

The meeting recessed at 12:19 p.m. and reconvened at 1:10 p.m.

DIRECTION, RE: OPERATION OF AIRBOATS ON LAKE POINSETT

Norman Rice stated the residents have been putting up with noise pollution for a long time; airboats are very noisy; he is not condemning airboats per se; but Lake Poinsett is 24 square miles of wonderful area, and there is plenty of places to launch a boat and have a good time. He stated he resents airboats going by residents' houses and revving up their engines; the noise can be deafening; Commissioner Carlson, Duwayne Lungren, and the Sheriff have come up with an ordinance that makes corrections for what is a deficiency in Ordinance No. 93-09; it is a way of controlling the noise of airboats; and requested the Board address the problem.

DIRECTION, RE: OPERATION OF AIRBOATS ON LAKE POINSETT

John Richardson stated he lives on Lake Poinsett; there are Ordinances on the books, but they cannot be enforced; the residents call the Sheriff's Office and are told there are no signs out there; the County indicated it cannot put up signs as it is controlled by the St. Johns River Water Management District; however, the District said it is a County issue. He noted there is no reason the residents should have to listen to the excess noise; everyone knows how far out they are supposed to be from the housing areas, but it is not being enforced; and requested the Board do something about the problem.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to grant permission to advertise a public hearing to consider an ordinance regulating operation of airboats on Lake Poinsett with restricted zone changed from 500 to 1,000 feet, adding the words "launch or load" to Section 2(b)(3) and 2(b)(4); and increasing the fine to $100. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - HAROLD PETER CABANISS, RE: CODE ENFORCEMENT FEES

Harold Peter Cabaniss stated his ex-wife lived in a house on Merritt Island which is still in both of their names; in July, 1999, his ex-wife became ill and was taken out of the State by her family; she was responsible, by decree of their divorce, for all upkeep on the house; and in the course of the past three years, she has done nothing on the yard whatsoever and it is overgrown. He noted in the beginning he was cutting the grass and keeping it trimmed; a complaint was made by a neighbor that the yard was overgrown and out of Code; but he could not go in the house because his daughter and her boyfriend stayed there, which constituted rent by the Sheriff's Office. Mr. Cabaniss stated apparently a letter was sent by the Code Enforcement Department to the address; he could not go to the house and check the mail; he did not know one was sent; and the letter was returned to Code Enforcement. He noted his current wife saw the notice posted in the yard advising of a hearing for non-conformance; he went before the Special Master and was fined $222; and he would be charged $25 a day after 30 days if the violation is not corrected. He reiterated that his ex-wife was responsible for all upkeep and not him; now he is being fined $250 for non-conformance plus $222 for administrative costs; and requested the Board waive the fees as it is not ethical to charge him for the problems. He stated he has been working on the house and fixing it up; and he is in compliance now.

Code Enforcement Director Bobby Bowen stated if Mr. Cabaniss intends to dispute or appeal the Special Master's finding of non-compliance, the proper venue to do that is in the Circuit Court, per Florida Statute 162 and BCC Policy 2.178. He noted whether or not the property has overgrowth on it should not be an issue to discuss in this venue; and if Mr. Cabaniss is seeking a reduction of his fine and/or costs, the Board does not typically consider waiving an accrued

PERSONAL APPEARANCE - HAROLD PETER CABANISS, RE: CODE ENFORCEMENT FEES

fine before the violation is corrected, which it was yesterday. Mr. Bowen advised when Mr. Cabaniss asked for a personal appearance before the Board, he was not in compliance with the Special Master's order and could not request a reduction or a waiver; however, he is now in compliance; and typically, staff obtains a recommendation from the Special Master then approaches the Board for final determination. He stated the request is made before the Special Master first because he is in a better position to make the appropriate determination as to what the fines and costs should be and knows all the facts of the case; hearing this matter now would remove that aspect and would promote further reduction requests directly to the Board; it is the Board's prerogative; however, it would be inconsistent with the Board's policy. Mr. Bowen stated even though the Special Master found that the County had provided proper notice, he gave Mr. Cabaniss extra time to come into compliance; and he has spoken to Mr. Cabaniss personally suggesting he go back to the Special Master, but he did not wish to exercise his right to request additional time for compliance and to avoid accrual of the fines.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to refer appeal of Special Master's ruling of September 16, 1999 finding Harold Peter Cabaniss to be in violation of Section 114.28(b), Brevard County Code and setting a compliance date of October 16, 1999, with a fine of $25 per day to accrue thereafter and administrative costs of $222 to the Special Master for recommendation. Motion carried and ordered unanimously.

WAIVER OF SECTION 62-2887(C), RE: PORT ST. JOHN CENTER COMMERCIAL SUBDIVISION

Attorney Tim Pickles stated they are present to appeal denial of waiver of Section 62-2887(c); they brought some issues to light concerning the attempt to have access on Fay Boulevard a couple of weeks ago; and they will present evidence of entitlement to the waiver consistent with the regulations.

Chairman Scarborough advised he has no problem with the waiver, with conditions including signage and foliage of a higher degree of aesthetic appeal; and safety and quality curb appeal are the two things that need to be addressed.

Carmine Ferraro stated he spoke with the applicant who is looking to develop the property; they are open to enhanced landscaping and reduced signage, including anything that would help the aesthetic appearance of the corner; there is an architectural review committee in place for the purpose of aesthetic preservation; and anything that is going to help the project in general is going to be beneficial to everybody.

Louis Campanile stated he designed the project envisioned to preserve the natural landscaping on the property.

WAIVER OF SECTION 62-2887(C), RE: PORT ST. JOHN CENTER COMMERCIAL SUBDIVISION

Maureen Rupe stated a waiver would be sufficient, but the residents support severing of the lot from the platted area; they are concerned that providing a waiver would set a precedent; in most circumstances, requiring access to lots only on the platted access would be best; and the safety factor will be addressed, which is the main concern. She noted the residents are also concerned with landscaping; Port Orange is a very impressive city; and it is the upscale development the Port St. John residents would like to have.

Mr. Ferraro stated the general idea and theme of such development is beautiful.

Discussion ensued concerning signage, creative landscaping materials, architectural issues, Port Orange requirements for signage and landscaping, sidewalks and pedestrian connectivity, deceleration lanes, landscaping of character and density consistent with the median on Fay Boulevard, and monument type signs.

Commissioner Carlson stated during the briefing on this item, it was suggested there be two deceleration lanes, one on Fay Boulevard and one on Curtis Boulevard; with Code Compliance Director Billy Osborne responding the two deceleration lanes were on Fay Boulevard, the first lane making a right turn onto Curtis Boulevard, and the second lane at the driveway.

Mr. Ferraro stated the owners are going to dedicate the property to the County for the deceleration lane; and upon the sale of that lot and concurrent submission of the site plan for this lot, they would be required to build the deceleration lane.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve waiver of Section 62-2887 (c) to allow access to Lot 1, Block 1 from the Port St. John Commercial Subdivision onto Fay Boulevard, with the following conditions: signage and landscaping be modeled after what is found in Port Orange; signage be monument type signs of the same architectural nature as the building with landscaping; landscape materials be compatible in type and density with those in the Fay Boulevard median; and dedication of property to the County for deceleration lanes on Fay Boulevard to be constructed upon sale and submission of site plan for lot. Motion carried and ordered unanimously.

Mr. Osborne stated for clarification purposes the deceleration lanes on Fay Boulevard are a westbound to northbound deceleration lane at Curtis and at the driveway; and the lanes will be designed to meet FDOT criteria.

DISCUSSION, RE: NOTIFICATION OF LARGE REZONING PROJECTS

Chairman Scarborough recommended 75% plus of DRI thresholds have a notification radius of 2,000 feet which is a logical step in the methodology. Zoning Official Rick Enos stated he has an updated Figure 1; and distributed it to the Board.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the second version of notification of large rezoning projects, to include developments less than 25% of DRI thresholds having notification radius of 500 feet, 25% and 50% of DRI thresholds having notification radius of 1,000 feet, 50% and 75% of DRI thresholds having notification radius of 1,500 feet, and 75% plus of DRI thresholds having notification radius of 2,000 feet. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to add heavy industry under the notification radius of 2,000 feet. Motion carried and ordered unanimously.

DISCUSSION, RE: CREATION OF MARINE ADVISORY COUNCIL

Assistant County Manager Stephen Peffer advised the Board discussed creating a marine advisory council two weeks ago, and the fact that there is an existing committee which serves the Sea Grant Agent, which may be an appropriate body to fulfill this function; after speaking with Mr. Schrader and further clarifying with Commissioner O'Brien what he would like to do with the new committee, he would recommend the Board not look to the existing committee to fulfill that purpose, as such committee is in place to advise the marine agent on issues regarding his work plan and program. He noted the issue before the Board is whether it would like to have a committee; and if so, what its purpose would be; and he has outlined the different issues in the Agenda Report, including makeup of the committee and terms of service.

Commissioner O'Brien stated he has been approached by individuals requesting the creation of a marine advisory council similar to those of other counties; there is also a Statewide Marine Advisory Council; and it is an opportunity for a group of people who own sailboats, powerboats, and other types of boats to participate in looking at projects, such as labeling corners of canals. He noted the mission would be to participate in marine and boating-related matters, including enhancing marine safety; and each Commissioner could appoint two individuals.

Maureen Rupe stated if the committee is going to make recommendations on environmental issues, then the members should not be limited only to boat owners; boat owners do not always agree with environmentalists; she would like to see some proof of concern for the environment

DISCUSSION, RE: CREATION OF MARINE ADVISORY COUNCIL

and qualifications that can be identified. She inquired is there a need for this council; and requested the Board be cautious about implementing this council and have a balance of membership if it is created.

Jim Egan, Executive Director of Marine Resources Council, stated he supports having a marine advisory council, but would caution against making it too narrow a segment; such council could be similar to the Watershed Action Committee that Indian River County has; it consists of boat owners, marina owners and people with specific interests, including representatives from various agencies; and often they have win-win scenarios. He noted it would be a mistake to have an advisory council that is completely one or the other; and the Board would not want it to be all experts from an agency or all straight users of the resource.

Discussion ensued concerning boating safety issues, grants, lack of signage, boating facility improvements, channel markers, mapping and water depths, and scope of services.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to direct staff to prepare a resolution creating a Marine Advisory Council for consideration by the Board on November 9, 1999, to include Parks and Recreation as the staff liaison, terms concurrent with the appointing Commissioner, two individuals appointed by each Commissioner, and the Council develop a scope of services and report back to the Board.

Chairman Scarborough recommended staff obtain information from Broward, Dade, Hillsborough, and Indian River Counties to see what they are doing.

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

SPEED HUMP REQUEST, RE: ABERFOYLE AVENUE

Maureen Rupe advised the Port St. John Homeowners Association voted not to make any more recommendations on speed humps because it does not want the responsibility of a child being killed in the street; and the Association suggested this request be given to the Port St. John Dependent Special District, which is elected to look at these problems.

Traffic Engineering Director Dick Thompson stated there were visits by the Sheriff's Office on September 10, 16, and 28, 1999; no citations were issued; and there were three complaint calls between January and September, 1999.

Commissioner Voltz stated if the Board puts speed humps on Aberfoyle Avenue, then whoever is using the street is going to back track and go on Banks, Ember, or Fairchild Streets which

SPEED HUMP REQUEST, RE: ABERFOYLE AVENUE

are through streets also; and those residents will be coming to the Board requesting speed humps. She noted the Board needs to be careful not to put all the traffic on other streets as it is not fair to the other homeowners; and she cannot support the request.

Chairman Scarborough passed the gavel to Vice Chairman Higgs. He stated four out of five criteria have been met; the criteria not met is exceeding the speed limit; and 88% of the residents believe the speed humps are needed.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve request for installation of two speed humps on Aberfoyle Avenue in Port St. John. Motion carried and ordered; Commissioners Carlson and Voltz voted nay.

Vice Chairman Higgs passed the gavel to Chairman Scarborough.

SPEED HUMP REQUEST, RE: PALM BOULEVARD

Commissioner O'Brien stated this has been an ongoing problem; 81% of people were speeding during peak hours; and due to the safety of the children at the ballpark, a motion to approve the speed humps is in order.

Traffic Engineering Director Dick Thompson stated Palm Boulevard is a dead-end road, so there will not be through traffic.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve request for installation of three speed humps on Palm Boulevard. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - MAUREEN RUPE, RE: LANDSCAPING OF RETENTION PONDS

Maureen Rupe stated a few individuals took a trip to Port Orange to see how the City had increased its park space by beautifying retention areas; it was very impressive; the boardwalks were made of recycled materials; and there was an abundance of wildlife. She noted it showed that quality of life can be enhanced with little cost; and it would greatly improve retention areas in Brevard County.

Surface Water Improvement Director Ron Jones stated staff is considering this concept; it has been trying to move toward more regional-type facilities where there could be multiple benefits; and one of the issues is fencing. He stated Risk Management made the comment in writing

PERSONAL APPEARANCE - MAUREEN RUPE, RE: LANDSCAPING OF RETENTION PONDS

that all of the ponds need to be fenced in a past report before the Board; but the item may have been tabled and needs to be rescheduled. He noted the Board needs to pick those areas where the County can provide maximum benefit with fairly low risks.

Chairman Scarborough stated the County wants to protect people from falling in the sand in dry retention areas, but the ditch is the County's as well; a child could jump in it and drown; so there is some inconsistencies.

Mr. Jones stated in a parks setting, it is still a retention pond, but is thought of as a lake; and if someone drowned, the public and media perception would be quite different than if it is strictly a retention pond associated with providing treatment for a road project or something of that nature. He stated the County may need to break down some of those barriers and ratify the concept that it is a passive recreation area.

Chairman Scarborough stated the retention pond next to the Marlins Stadium is not fenced; there are other places in Brevard County that are not fenced; and there are places with dry retention areas that are fenced.

County Manager Tom Jenkins stated it was his understanding that the issue was the slope; if it was a gradual slope, it did not need to be fenced; but if the slope was steep, it had to be fenced. Mr. Jones stated if a pond system has slide slopes that are 5:1 or more gradual than that, they are not required to be fenced from a permitting perspective under County Ordinance or St. Johns River Water Management District's requirements. Mr. Jenkins stated the key is if someone were to fall in he or she could get out; but if the slope is not gradual and drops straight down, then a fence is required.

Mr. Jones stated in order to provide better side slopes and make it more aesthetically attractive, it may be necessary to purchase additional land beyond what is originally intended; but it would be an investment in the future.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to direct staff, when applicable, to expand the purpose and function of retention ponds, and report in writing on fencing of retention ponds. Motion carried and ordered unanimously.

DISCUSSION, RE: PUBLIC ART AT HARRY T. AND HARRIETTE V. MOORE JUSTICE CENTER

Chairman Scarborough stated the County has funds set aside which Clarence Rowe believes can be used for matching funds to purchase art works for the Justice Center.

DISCUSSION, RE: PUBLIC ART AT HARRY T. AND HARRIETTE V. MOORE JUSTICE CENTER

Commissioner O'Brien stated the Board had a meeting with the judges at which they expressed a need to expand the Courthouse; the County may also be building new courtrooms in Palm Bay; the funds are earmarked for construction; and County funds should not be used for purposes other than what they are intended. He noted he is not against building a life size statue of the Moore's in front of the Courthouse; however, he is opposed to using public money that was set aside for construction of buildings for the judicial branch for a statue.

Commissioner Carlson stated she has similar concerns; and perhaps the $22,000 could be used for an educational program or something that the Moores stood for.

Commissioner Higgs stated the Board funded the plaque inside the Justice Center and there are two photographed pictures of the Moores; the County could have nice oil paintings of the Moores as opposed to the two pictures; and the County has appropriately recognized the Moores contribution in a number of ways in Brevard County.

Mr. Jenkins stated those funds are capital dollars and can only be spent on capital items; the Board talked about using a consultant to analyze future space needs; and that may be an appropriate use of those funds to pay for a portion of that expense.

Chairman Scarborough stated he will contact Mr. Rowe and advise him of the Board's discussion on this issue.

RESOLUTION AND INTERLOCAL AGREEMENT, RE: FLORIDA DEVELOPMENT FINANCE CORPORATION INDUSTRIAL DEVELOPMENT REVENUE BONDS

Charlie Sands, Financial Advisor to Composite Investors, introduced Scott Lewit, President of Compsys, Inc., and William Jones, representing Enterprise Florida.

Chairman Scarborough inquired what is manufactured, and is there anything toxic in the process.

Scott Lewit advised the Company has been in existence for seven years and manufactures preforms used for building any kind of composite structure; most of their business is in the marine industry, but it is not exclusively a marine product; and this product allows boat builders to build wood-free boats which is important, as the boats last longer. He noted it is good for the consumer and the environment; the product also allows boat builders to save a substantial

RESOLUTION AND INTERLOCAL AGREEMENT, RE: FLORIDA DEVELOPMENT FINANCE CORPORATION INDUSTRIAL DEVELOPMENT REVENUE BONDS

amount of weight in boats; the Sea Ray project saved 50% of the hull weight by using this product; and it is a nice clean business that works with foam and fiberglass. Mr. Lewit stated the boat builders are responsible for putting on the resin and have to get the permits; but by using this product, boat builders will use less resin, boats will burn less gas, the structures are more efficient, and the boats last longer. Mr. Lewit requested the Board's approval of the item.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt a Resolution of the Board of County Commissioners of Brevard County, Florida, authorizing execution of a joinder to Interlocal Agreement between Orange County, Florida, and the Florida Development Finance Corporation for the purpose of authorizing the Florida Development Finance Corporation to exercise its power and authority within the corporate limits of Brevard County; approving for the purposes of Section 147(F) of the Internal Revenue Code of 1986, as amended, the issuance of not to exceed $1,464,000 of Industrial Development Revenue Bonds by Florida Development Finance Corporation to finance a manufacturing facility within Brevard County; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, ARTICLE IX, SECTIONS 62-3304 AND 62-3305, NONCONFORMING SIGNS AND REMOVAL OF ILLEGAL OR ABANDONED SIGNS

Chairman Scarborough stated Assistant County Attorney Christine Lepore has made the changes the Board requested to the proposed ordinance.

Commissioner O'Brien stated the suggested changes include page 3, paragraph 2, adding, "Any sign which is located in the unincorporated area of the County, which sign was erected, operated, or maintained without the permit required by this Article, or is abandoned, is declared to be a public nuisance and shall be removed as provided in this section. Each day an illegal or abandoned sign remains located in the unincorporated area of the County constitutes a separate violation." Commissioner O'Brien stated he supports the revised changes as outlined by Attorney Lepore; and will move for adoption of the ordinance.

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Ordinance of Brevard County, Florida, amending Chapter 62, Article IX, Code of Ordinances of Brevard County, Florida; specifically, amending Section 62-3304, nonconforming signs; Section 62-3305, Removal of Illegal or Abandoned Signs; providing area encompassed; providing severability; providing an effective date, as amended. Motion carried and ordered unanimously.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 2:56 p.m.

ATTEST:

TRUMAN SCARBOROUGH, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

SANDY CRAWFORD, CLERK
(S E A L)