MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

March 20, 1997

The Board of County Commissioners of Brevard County, Florida, met in regular session on March 20, 1997, at 5:07 p.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, Assistant to County Manager Peggy Busacca, and County Attorney Scott Knox.

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

Chairman O?Brien called for the public hearing to consider an ordinance extending the moratorium on Conditional Use Permits for Towers and Antennas.

Planner Tom Myers explained the requested action to extend the moratorium for 90 days.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to adopt an Ordinance extending the existing sixty (60) day temporary moratorium on the consideration of Conditional Use Permits for Towers and Antennas in the unincorporated area of Brevard County for an additional ninety (90) days; prohibiting the consideration of, or approval of applications for amendments to the official zoning map of Brevard County, Florida, for towers and antennas; setting forth the purpose of the temporary moratorium; setting forth the extent of the temporary moratorium; providing for exemptions; providing for extensions and expiration of the temporary moratorium; providing for conflicting provisions; providing for severability; providing for area encompassed; and providing an effective date.

Commissioner Higgs expressed preference for the LPA recommendation of a sixty-day moratorium. Commissioner Cook explained his support for ninety days. Chairman O?Brien explained why he cannot support a sixty-day extension.

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

The meeting recessed at 5:12 p.m. and reconvened at 5:30 p.m.

County Attorney Scott Knox advised the County is being sued in Federal Court by Temporary Living Center Inc. and the Fair Housing Consortium; and requested the Board schedule an executive session on March 25, 1997 to discuss the issue as well as the Cesario case. Discussion ensued on how the Fair Housing Consortium got involved in the issue.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to schedule an executive session on March 25, 1997 after the Manatee Protection Workshop to discuss the Temporary Living Center and Cesario cases. Motion carried and ordered unanimously.

Commissioner Scarborough advised of a letter from Representative Posey concerning expansion of the Public Health Center on Singleton Avenue in Titusville; and requested authority for the County Manager to respond to Representative Posey advising the County has land for which there is no ongoing need.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct the County Manager to respond to a letter from Representative Bill Posey regarding the Public Health Facility on Singleton Avenue in Titusville, indicating the Board?s willingness to work with the State on expansion of the facility.

Commissioner Cook advised of time constraints; and recommended faxing the letter. Commissioner Scarborough advised direction to fax the letter is part of the motion.

Discussion ensued on whether the intent is to donate the land, and benefit of donating the land and waiving fees. Commissioner Scarborough noted the fees would have to be waived by the City of Titusville, and the County can request that waiver.

Commissioner Scarborough restated the motion to direct the County Manager to respond by fax to a letter from Representative Bill Posey regarding the Public Health Facility on Singleton Avenue in Titusville, indicating the Board?s willingness to work with the State on expansion of the facility; and direct the County Manager to send a letter to the City of Titusville requesting waiver of the fees for the expansion. Commissioner Cook reaffirmed his second of the motion.

Commissioner Cook suggested naming the facility after Dr. Garcia.

Chairman O?Brien suggested a land swap rather than a donation. He called for a vote on the motion. Motion carried and ordered unanimously.

Commissioner Cook suggested the Board authorize televising the Manatee Protection Workshop as there is public interest.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorize holding the Manatee Protection Plan Workshop on March 25, 1997 in the Commission Room and televising it for the public.

Discussion ensued on the workshop format and location.

Chairman O?Brien called for a vote on the motion. Motion carried and ordered; Commissioners Scarborough, Cook, and Voltz voted aye; Commissioner O?Brien and Higgs voted nay.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to adopt Resolution commending Nancy Harvey for eighteen years of faithful service to Brevard County. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution denying Conditional Use Permit for Towers and Antennas for OPM-USA, Inc. on property owned by Robert E. Smith, Walter A. Cerrato, Jr. and Walter A. and Mary Cerrato. Motion carried and ordered unanimously.

Chairman O?Brien called for the public hearing to consider approval, modification or rejection of Planning and Zoning recommendation for Holloway Enterprise CUP for land alteration.

Item 8. Holloway Enterprise?s request for Conditional Use Permit for Land Alteration in IU-1 zone on 9 acres located north of Grissom Road and west of Cidco Road, which was approved by the Planning and Zoning Board.

Zoning Official Rick Enos advised this should have been a Consent Agenda item, and not a public hearing.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Holloway Enterprise?s request for Conditional Use Permit for Land Alteration in an IU-1 zone on 9 acres located north of Grissom Road and west of Cidco Road, which was approved by the Planning and Zoning Board. Motion carried and ordered unanimously.

Chairman O?Brien called for the public hearing to consider recommendations made by the Planning and Zoning Board at its March 3, 1997 meeting, as follows:

Item 1. 4 G?s of Brevard County, Inc.?s request for change from AU to ARR on 1.57 acres located on the southeast corner of Breckinridge Avenue and Weatherly Place, which was approved by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 1 as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

Item 2. 4 G?s of Brevard County, Inc.?s request for change from GU to ARR on 1.26 acres located on the north side of Suntee Avenue and east of Satellite Boulevard, which was approved by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 2 as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

Item 3. 4 G?s of Brevard County, Inc.?s request for change from AU to ARR on 1.57 acres located on the southwest corner of Chelsie Avenue and Kristina Lane, which was approved by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 3 as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

Item 4. 4 G?s of Brevard County, Inc.?s request for change from GU to ARR on 1.26 acres located on the west side of Satellite Boulevard, north of Desert Sands Avenue, which was approved by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 4 as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

Item 5. 4 G?s of Brevard County, Inc.?s request for change from GU to ARR on 2.46 acres located on the south side of Eureka Avenue, east of Satellite Boulevard, which was approved by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 5 as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

Item 9. Albert and Sandra Christian?s request for change from GU to ARR on 2 acres located on the north side of Burning Tree Avenue, west of Freda Trail, which was approved by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 9 as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

Item 10. 4 G?s of Brevard County, Inc.?s request for change from GU to ARR on 2 acres located south of Harley Avenue, east of Satellite Boulevard, which was approved by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 10 as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

Item 11. Shawn F. Turner?s request for change from GU to ARR on 1 acre located on the south side of Soggy Bottom Road, east of Satellite Boulevard, which was approved by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 11 as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

Item 12. Kevin Carpenter and Bill Billingsley?s request for change from AU to ARR on 1.04 acres located on the north side of Desert Sands Avenue, east of Satellite Boulevard, which was approved by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 12 as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

Item 15. Ruby N. Gray?s request for change from AU to ARR on 1? acres located on the south side of Airboat Avenue, east of Satellite Boulevard, which was approved by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 15 as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

Item 6. State of Florida/Department of Management Services? request for Conditional Use Permit for Towers & Antennae in a GML zone on 1.20? acres located on the north side of Highway 402, east of Swing Span Bridge, which was approved by the Planning and Zoning Board.

Commissioner Scarborough advised of contact with the City of Titusville, National Park Service, and NASA; and explained the location of the proposed tower. Zoning Official Rick Enos advised the City of Titusville has made no recommendation to the Board. Commissioner Scarborough inquired if the applicant would have a problem if this was tabled for one month.

Rick Rewiski, Florida Department of Management Services, responded there is an April 1, 1997 deadline. Commissioner Scarborough advised of the need for input from other entities. Mr. Rewiski explained the type of tower being proposed. Commissioner Scarborough expressed concern about ability to protect the road to Kennedy Space Center if the tower collapses, but noted KSC did not object. Mr. Rewiski advised the tower is designed for emergency response. Commissioner Scarborough suggested the possibility of locating the tower on federal properties; and explained the proximity of federal, City and County lands.

Commissioner Cook expressed desire for comment from the City. Mr. Rewiski suggested adopting the Resolution contingent upon approval of the City of Titusville. County Attorney Scott Knox advised that can be done.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item 6, as recommended by the Planning and Zoning Board, and contingent upon approval by the City of Titusville.

Discussion ensued about tower height, removing tower if not in active use, and type of tower.

Commissioner Scarborough amended the motion to include provision that the tower will be removed if it has not been in active use for six months.

Chairman O?Brien called for the vote on the motion to approve Item 6 contingent upon approval of the City of Titusville, and with provision for removal if the tower is not in use for six months. Motion carried and ordered unanimously.

Commissioner Scarborough advised of the necessity to inform the City of the Board?s action.

Item 7. Discount Building Supplies, Inc.?s request for Conditional use Permit for Alcoholic Beverages for On-Premises Consumption in a BU-2 zone on 1.3? acres located west of U.S. 1, east of the Florida East Coast Railroad, and south of Golden Knights Boulevard, which was denied by the Planning and Zoning Board.

Joe Glaven advised of his opposition to the item.

Chairman O?Brien called for the applicant; and heard no response.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to deny Item 7, as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

Item 13. Benson Financial, Inc.?s request for Expansion of the Pre-existing Use to Add Boat Manufacturing in an IU zone on 1.3? acres, located west of U.S. 1 and south of the northern terminus of Riveredge Drive, which was approved by the Planning and Zoning Board, with condition that all boat building work be done inside.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 13 as recommended, with condition that all boat building work be done inside a structure. Motion carried and ordered unanimously.

Item 14. Takahashi Family General Partnership, Norman M. Kronick, Trustee and Beyer Development Corporation?s request for Expansion of Mixed Use District and change from RRMH-1, BU-1 and RU-1-13 to BU-1 on 2.357 acres, a Small Scale Plan Amendment from Residential to Mixed Use, and change from RRMH-1, BU-1 and RU-1-13 to BU-1 on 3 acres, for a total of 5.357 acres located on the west side of Grissom Parkway, north of the intersection with Ranch Road, which was approved by the Local Planning Agency and Planning and Zoning Board.

Zoning Official Rick Enos advised the request is on two different parcels; the west tract is tied to the problem with the EAR (Evaluation and Appraisal Report) and should not be considered at this time; and the north tract is an expansion of a Mixed Use District which can be considered at this time.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to table consideration of the west tract to May 22, 1997 meeting of the Board of County Commissioners. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Item 14 on the north tract, as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

Item 16. Brevard County Board of County Commissioners, on its own motion, pursuant to provisions of Chapter 62, Article VI, Brevard County Code, Section 62-1152, authorized administrative rezoning from GU to ARR on 14 acres located on the northwest corner of Dyson Avenue and Satellite Boulevard, which was approved by the Planning and Zoning Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 16 as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

Item 17. Michael J. Pelosi and Vincent N. Pelosi?s change from BU-1 to BU-2 with a Binding Development Plan on .69 acre, located west of North Courtenay Parkway and north of Church Road, which was approved by the Planning and Zoning Board, for all permitted uses in BU-1 and one BU-2 use for a boat storage yard with a binding development plan for a fence as voluntarily offered by the applicant.

Timothy Langston, representing Mr. Pelosi, advised of the intent of the request; described the plans for the property; and explained the advantages of approving the rezoning.

Pam Aguilar, representing the North Merritt Island Homeowners Association, and Tom McFarland, President of the North Merritt Island Homeowners Association, expressed opposition to the rezoning.

Commissioner Voltz inquired about the size of the property and setback; with Mr. Langston advising it is 200 feet off the road, and is 300' by 300'. Mr. Enos noted the application is for the west 100 feet.

Chairman O?Brien expressed opposition to the continued rape of North Merritt Island through the spread of BU-2 zoning; stated the existing zoning serves a legitimate public purpose, and is consistent with the Comprehensive Plan; the refusal to rezone is not arbitrary nor unreasonable; there are no other BU-2 parcels nearby; request is not consistent with locational criteria for non-retail commercial land uses; and the vote of the Planning and Zoning Board was split.

Chairman O?Brien passed the gavel to Vice Chairman Voltz.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to overrule the Planning and Zoning Board, and deny Item 17. Motion carried and ordered unanimously.

Vice Chairman Voltz passed the gavel to Chairman O?Brien.

Item 18. Anthony and Trudie Infantini?s request for Small Scale Plan Amendment from Residential to Mixed Use, and change from BU-1-A to BU-1 with Specific Use for Sale of Personal Watercraft, all permitted uses in the BU-1-A zone, and a Conditional Use Permit for Alcoholic Beverages for On-premises consumption on 1.1 acres located on the west side of A1A, north of Sebastian Inlet, which was denied by the Local Planning Agency and Planning and Zoning Board.

Commissioner Higgs expressed concern about issues with the Evaluation and Appraisal Report and the status with the State. County Attorney Scott Knox explained the status of the action pending the

sufficiency determination of the Evaluation and Appraisal Report (EAR); advised courtesy notices were sent out; and as a result some people are not present who would normally be present; and recommended continuing the item.

Planner Mel Scott advised the Supplement to the EAR will come to the Board on April 8, 1997.

Discussion ensued on whether to continue the item, take public comment, and legal consequences of taking comment.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to table Item 18 to May 22, 1997 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Item 19. Eileen K. Taylor?s request for Conditional Use Permit for Aquaculture Case II on portion of 3 acres zoned SEU, located west of A1A and north of River Oaks Road, which was approved by the Planning and Zoning Board.

Kevin Soderberg advised of his lease for the space and off-site waste disposal; and assured the operation would be small, professional, and aesthetically pleasing.

Commissioner Higgs inquired about the lease; with Mr. Soderberg explaining the documents submitted regarding the lease. Commissioner Higgs inquired about ownership of the property; with Mr. Soderberg advising he does not own or live on the property, but his partner, Max Taylor resides at the property. Discussion ensued on CUP requirements, the lease, the property, and the partnership.

Chairman O?Brien inquired whether the Aquaculture Leasing Plan forbids subleasing. Commissioner Higgs advised the lease is from 1969 and the Board?s Plan would not cover it. Mr. Soderberg advised the lease is in Indian River County.

Max Taylor explained the problem with the lease; and described his property and how it will be used. He advised of problems with interpretation of regulations; and explained his position. He noted there is one letter of opposition, but the person lives two miles away; and emphasized his property is remote.

Commissioner Higgs advised there was no previous representation that Mr. Taylor was a partner; and explained her concerns about a commercial operation. Mr. Taylor advised what was a gentleman?s agreement has now been put on paper.

Discussion ensued on what constitutes a partnership and what constitutes a lease, commercialization of waterfront property, owner of the property making application, and consistency with the Ordinance.

Commissioner Voltz advised Mr. Soderberg called her office, and she referred him to staff.

Mr. Soderberg advised he did everything by the book; the Zoning staff put it through; and Commissioner Higgs? Assistant advised he was missing the lease and the waste disposal. He noted if the Zoning staff had advised him that his application was not correct, he would not have come to the Board. He advised he put everything on paper as a result of his discussion with Ms. Arthur; he and Mr. Taylor plan to run things respectfully; and he does not understand the problem.

Commissioner Higgs advised Ms. Arthur, her Assistant, spoke with Mr. Soderberg and Mr. Taylor, and conveyed information to her regarding their plans. She stated Ms. Arthur advised Mr. Soderberg and Mr. Taylor of the conditions outlined in the Code, and conveyed her concerns regarding compliance. She advised she is willing to table the item to give the applicants time to clarify the issues.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to table Item 19 to the April 24, 1997 meeting of the Board of County Commissioners. Motion carried and ordered unanimously.

Frances Louise Smith, Thomas C. (Jr.) & Donna Phillips, James R. & Carol J. Beamer, Robert J. Bennett, Gertrude E. Witmer, Joseph R. & Madelene Lord, K. K. Kennedy, Ruth V. Gerber, David M. & Kemberly G. Van Buren, Larry E. & Nancy M. Greene, Andrew & Temayane Dearth?s request for change from RU-1-7, RU-1-9, BU-1 and RP to BU-2 with Specific Use for all BU-1 permitted uses and a Lumber Yard on 17 acres located on the west side of Minton Road south of U.S. 192, which was tabled to the May 5, 1997 Planning and Zoning meeting at the request of the applicant.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to table Item 20 to the May 5, 1997 meeting of the Planning and Zoning Board and the May 22, 1997 meeting of the Board of County Commissioners. Motion carried and ordered unanimously.

Item 21. Loretta J. Body?s request for change from AU to RU-1-9 on 33 acres located on the east side of Ash Street, north of Oak Street, which was approved by the Planning and Zoning Board.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve Item 21 as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

Item 23. Gary J. Coppola?s request for change from PUD with CUP for Water Treatment Plant to RU-2-4, on 1,987? acres located at the west end of Senne Road, which was approved by the Planning and Zoning Board as EU-2 on 152? acres and RU-1-13 on 42? acres pursuant to survey by Jackson Land Surveying, Inc., Project 9597-B, Drawing #97009 dated February 28, 1997, with Binding Development Plan for 388 units, maximum 1.98 units per acre, 40-foot buffers on the north and west property lines, and fencing to the south as voluntarily offered by the applicant.

Zoning Official Rick Enos advised there is a letter from the applicant requesting the item be tabled to April 24, 1997.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to table Item 23 to the April 24, 1997 meeting of the Board of County Commissioners. Motion carried and ordered unanimously.

The meeting recessed at 6:40 p.m. and reconvened at 6:55 p.m.

Chairman O?Brien called for the public hearing to consider transmittal to the Florida Department of Community Affairs of the Stipulated Settlement Agreement on wetlands amendment language.

Charles Moehle, representing Modern, Inc., stated his comments address the memorandum of February 24, 1997; described the properties owned by Modern, Inc.; advised of company losses; and voiced support for the wetlands language.

Mary Todd, representing the Turtle Coast Group of the Sierra Club, expressed concern about new language in the Future Land Use Element of the Comprehensive Plan; questioned the policies shown in objectives; outlined her concerns about Criterion C; and recommended language for Criterion C.

Margaret Hames, representing Indian River Audubon Society, Florida Native Plant Society, and Florida Audubon, read aloud a letter from Kim Zarillo of the Florida Native Plant Society objecting to the proposed Comprehensive Plan changes until adequate data analysis and criteria for the protection of wetlands can be resolved; advised of the objection of the Florida Audubon Society; and read aloud a letter of objection from the Indian River Audubon Society.

Discussion ensued on language addressing rare situations, intent of the Board, acceptance of amendment by DCA, inaccuracy of figures provided by St. Johns River Water Management District for potentially affected properties, intent to take all activity out of wetlands, addressing property in Merritt Island, clarification of the Comprehensive Plan, concern about lessening of protection for future commercial/industrial properties, Sierra Club wording, sufficient uplands for intended use, carving out wetlands to create dry parcels, ability of St. Johns River Water Management District to

protect wetlands through permitting process, and ability to readdress issue if an unanticipated result occurs.

There being no further comment heard, motion was made by Commissioner Cook, seconded by Commissioner Voltz, to authorize transmission of Stipulated Settlement Agreement on Wetlands

Amendment language to the Florida Department of Community Affairs. Motion carried and ordered; Commissioner Higgs voted nay.

County Attorney Scott Knox advised the DCA attorneys are more comfortable using the standardized agreement rather than the revised agreement.

Discussion ensued on using the standardized agreement.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve use of the Standard State Agreement. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize filing an appeal with the 18th Judicial Circuit Court with regard to Brevard County v. Bombardier Motor Corporation of America.

Commissioner Higgs advised Norman Danella and Charlene Terry are present in support of the action.

Commissioner Voltz advised she is not familiar with the case; and inquired what are the County?s chances; with County Attorney Scott Knox advising of the County?s chances.

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

Motion by Commissioner Voltz, seconded by Commissioner Cook, to authorize issuance of a Special Event Permit for David Johnson Ministries to hold a tent revival from March 21 through 30, 1997, at 1875 West King Street, Cocoa. Motion carried and ordered unanimously.

Upon motion and vote, the meeting adjourned at 7:32 p.m.

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ATTEST: RANDY O?BRIEN, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

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SANDY CRAWFORD, CLERK

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