July 13, 1999

The Board of County Commissioners of Brevard County, Florida, met in regular session on July 13, 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 Bill Massey, Pastor of Frontenac Baptist Church, Cocoa, Florida.

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

APPROVAL OF MINUTES

Motion by Commissioner O’Brien, seconded by Commissioner Voltz, to approve the March 25, April 29, and May 10, 1999 Special/Workshop Meetings; May 4, 1999 Regular Meeting, and May 6, 1999 Zoning Meeting Minutes. Motion carried and ordered unanimously.

PERMISSION TO SCHEDULE PUBLIC HEARING, RE: PERFORMANCE BASED ZONING STANDARDS

County Manager Tom Jenkins stated the Board needs to decide whether or not it wants to have the public hearing to consider performance based zoning standards at 9:00 a.m. or after 5:00 on August 10, 1999.

Chairman Scarborough inquired if an evening meeting is all right with the Board. Commissioner Voltz requested staff check on the Commissioners’ schedules. Chairman Scarborough stated staff can get back with the Board later in the meeting.

Chairman Scarborough stated he believes it is very beneficial with a comprehensive new ordinance, that it be mailed; and inquired if it is the Board’s desire to mail it to those individuals who filled out speaker cards yesterday. Commissioner Higgs inquired if the ordinance can be made available on the Internet; with Chairman Scarborough responding that would be great, but he would like it to be mailed as well to those individuals who have expressed an interest and attended yesterday’s meeting.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN BAREFOOT BAY, UNIT 1 - BAREFOOT BAY REALTY, INC.

County Manager Tom Jenkins advised the resolution vacating public utility easements in Barefoot Bay, Unit 1, as petitioned by Barefoot Bay Realty, Inc. has been withdrawn by the applicant.

The Board withdrew resolution vacating public utility easements in Barefoot Bay, Unit 1, as petitioned by Barefoot Bay Realty, Inc. from the agenda.

PERMISSION TO RESCHEDULE EXECUTIVE SESSION, RE: RUSSEAU VS. BREVARD
COUNTY CASE (PETER CASTANEDA ESTATE)

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to reschedule Executive Session for Russeau vs. Brevard County Case (Peter Castaneda Estate) to July 27, 1999 after the Board Meeting. Motion carried and ordered unanimously.

DISCUSSION, RE: MANATEE PROTECTION PLAN

Commissioner O’Brien stated the Board will be meeting on the Manatee Protection Plan in August, 1999; there are proposed changes to be brought to the Board, including speed zones; it seems similar to a zoning change; and anyone whose property may be affected by a change in the zone in the rivers should be notified by mail. He requested staff mail notification to anyone who may be affected by any changes that take place at the meeting.

Chairman Scarborough inquired what if the County notifies everybody and no one has to speak to that issue because nothing occurs.

Commissioner Higgs stated the Board does not make the decision on a speed zone; it is a rule change by Department of Environmental Protection (DEP); and it goes through the State process which provides a public hearing in Brevard County.

Chairman Scarborough stated if there is a fundamental change and he is supporting it, he would not want his vote to make such change occur before the people who were adversely affected were noticed; the nature of his vote would be that he is moving to consider the item at a time specific and notice should be taken; however, he does not want things going out to the whole world and it ends up being a non-issue because there are not three votes. Commissioner O’Brien stated that is agreeable to him.

PLAQUE, RE: CHILD CARE ASSOCIATION

Commissioner Higgs stated Brevard County received a plaque from the Child Care Association at its recent annual banquet; and it expressed appreciation to the Board of County Commissioners, Community Development Block Grant (CDBG) Advisory Committee, and staff for commitment to the restoration of Harry T. Moore Child Care Center and creating a future for the children.

PERMISSION TO REPRESENT BOARD AT LAND ACQUISITION AND MANAGEMENT
ADVISORY COUNCIL MEETING

Motion by Commissioner Voltz, seconded by Commissioner O’Brien, to authorize Commissioner Nancy Higgs to represent the Board’s position at the Land Acquisition and Management Advisory Council (LAMAC) meeting on July 14, 1999 in Orlando, in support of State sharing title on lands the County purchases when it receives matching funds under the Environmentally-Endangered Lands Program. Motion carried and ordered unanimously.

DISCUSSION, RE: POLICY ON BOARD OPERATING PROCEDURES

Commissioner Carlson stated on May 25, 1999, the Board did housekeeping on the operating procedures for the Board; and when an item is pulled off the consent agenda by the public, usually the Board allows the public to comment on the item and does not make them wait until the end of the meeting. Chairman Scarborough noted generally it is at the end of the meeting. Commissioner Carlson advised there is a discrepancy in the operating procedures.

Motion by Commissioner Voltz, to approve if someone from the public pulls an item off the consent agenda, the Board hear the item after approval of the consent agenda.

Chairman Scarborough stated that is the way the procedure reads; with Commissioner Voltz responding that is not how the Board has been doing it. Chairman Scarborough stated he will follow the procedure.

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve placing items on the Consent Agenda where the dollar amount no longer becomes a threshold, and it is the Commissioners’ responsibility to see that those items that are questioned do not proceed under Consent; and authorize the County Manager to prepare the policy for the Chairman’s signature. Motion carried and ordered unanimously.

Vice Chairman Higgs passed the gavel to Chairman Scarborough.

DISCUSSION, RE: HARBOR CITY AMBULANCE SERVICE

Commissioner Voltz stated the cities have been passing resolutions requesting the Board reconsider the Harbor City Ambulance service issue; she does not want to reconsider the issue; and inquired if any Commissioner desires to.

Chairman Scarborough stated anyone who wants to be on the agenda can make a formal request for reconsideration; and at that time, he will listen to what they have to say.

DISCUSSION, RE: TOUR OF INDIAN RIVER

Commissioner Voltz stated she is going on a tour of the Indian River on August 6, 1999 with the Save the Manatee Club and David Arnold of Department of Environmental Regulation (DER); perhaps a Commissioner would like to send their aide also; and requested staff contact Ron Hight to be on the tour.

DISCUSSION, RE: LEGISLATIVE ISSUES

Chairman Scarborough stated after the Board’s meeting with Bill Posey, he contacted Orange County Commission Chairman Mel Martinez; he is interested in working with Brevard County concerning the Legislative issues; he also talked to the Economic Development Commission (EDC); and they will continue with discussions.

RESOLUTION, RE: RECOGNIZING WUESTHOFF BREVARD HOSPICE ON ITS 15TH
ANNIVERSARY IN BREVARD COUNTY

Commissioner O’Brien read aloud a resolution recognizing Wuesthoff Brevard Hospice on its 15th Anniversary in Brevard County; and presented the resolution to Cindy Harris.

Motion by Commissioner O’Brien, seconded by Commissioner Carlson, to adopt Resolution recognizing Wuesthoff Brevard Hospice on its 15th Anniversary in Brevard County on July 24, 1999, and extending appreciation for the tremendous contributions and assistance of this fine organization to the citizens of Brevard County. Motion carried and ordered unanimously.

Cindy Harris, representing Wuesthoff Brevard Hospice, explained the role of Hospice and expressed appreciation to the Board for the Resolution.

RESOLUTION, RE: COMMENDING MERRITT ISLAND MUSTANGS VARSITY BASEBALL
TEAM FOR WINNING THE CLASS 5A BASEBALL CHAMPIONSHIP

Commissioner O’Brien read aloud a resolution commending Merritt Island Mustangs Varsity Baseball Team for winning the Class 5A Baseball Championship; and presented the resolution to the Coaches and Team Members.

Motion by Commissioner O’Brien, seconded by Commissioner Voltz, to adopt Resolution congratulating and commending Head Coach Chuck Goldfarb, Assistant Head Coach Mark Hedgecock, Assistant Coaches Bubba Frith and Loren McClannahan, and Team Members Jeff Atwell, Tigger Beal, Jimmy Bennett, Adam Caufman, Nate Colwell, Kevin Deaton, Beau Gates, Pat Gleason, Jeremy Hendrex, Bart Hynes, Ryan Lightsey, Graham Lyle, Ryan Mathews, Tommy Parrott, Joe Quattrocchi, Ethan Stonerook, Ryan Swan, Frank Venzara, Kevin Verpaele, Houston White, Brendan Winn, and Brian Zegles for their hard work and dedication during this winning season, and offering its best wishes for success with future endeavors. Motion carried and ordered unanimously.

Head Coach Chuck Goldfarb, Merritt Island Mustangs Varsity Baseball Team, expressed appreciation to the Board for the Resolution; stated it is a nice honor; the business people on Merritt Island supported the Team and bought the Team members rings; and thanked the community and parents for their support.

FINAL PLAT APPROVAL, RE: VISTA POINT SUBDIVISION

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

FINAL PLAT APPROVAL, RE: ISLES OF BAYTREE SUBDIVISION

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

FINAL PLAT APPROVAL, RE: THE CLOISTERS, PHASE III C

Motion by Commissioner Voltz, seconded by Commissioner O’Brien, to grant final plat approval for The Cloisters, Phase III C, subject to minor changes if necessary and receipt of all documents required for recording, with Board approval of the project not relieving the developer from obtaining all other necessary jurisdictional permits. Motion carried and ordered unanimously.

MEMORANDUM OF AGREEMENT WITH BRINK’S INCORPORATED, RE: CENTRAL
CASHIER/IMPACT FEES PROGRAM SERVICES

Motion by Commissioner Voltz, seconded by Commissioner O’Brien, to execute Memorandum of Agreement with Brink’s Incorporated for armored car services for the Impact Fee/Central Cashier Program, increasing maximum liability insurance coverage from $10,000 to $75,000 and increasing the monthly charge from $440 to $453.20 for pick up and delivery to Suntrust Bank. Motion carried and ordered unanimously.

RESOLUTION, RE: REVISING FEE SCHEDULE FOR ADDRESS ASSIGNMENT

Motion by Commissioner Voltz, seconded by Commissioner O’Brien, to adopt Resolution revising the fee schedule for Address Assignment with the fee increase to occur over a three-year period. Motion carried and ordered unanimously.

PERMISSION TO POSTPONE FINDING OF CONSISTENCY WITH COMPREHENSIVE PLAN,
RE: BEELINE MONORAIL SYSTEMS, INC. PROJECT

Motion by Commissioner Voltz, seconded by Commissioner O’Brien, to approve postponing evaluation of the proposed Bee Line Monorail project for consistency with the Comprehensive Plan until August 17, 1999. Motion carried and ordered unanimously.

ACCEPTANCE OF DEED FROM DAVID WILBORN AND KENNETH WILBORN, RE:
HIBISCUS AVENUE RIGHT-OF-WAY

Motion by Commissioner Voltz, seconded by Commissioner O’Brien, to accept the Deed for transfer of privately owned property from David Wilborn and Kenneth Wilborn for Hibiscus Avenue right-of-way. Motion carried and ordered unanimously.

EASEMENT TO FLORIDA POWER & LIGHT COMPANY, RE: INSTALLATION OF
ALTERNATE FEEDER TIE AT GOVERNMENT CENTER IN VIERA

Motion by Commissioner Voltz, seconded by Commissioner O’Brien, to approve Easement in favor of Florida Power & Light Company for installation of alternate feeder tie at the Government Center in Viera. Motion carried and ordered unanimously.

CHANGE ORDER NO. 3 WITH TUSCANY, INC., RE: DR. MARTIN LUTHER KING, JR.
PUBLIC LIBRARY

Motion by Commissioner Voltz, seconded by Commissioner O’Brien, to approve Change Order No. 3 with Tuscany, Inc., increasing the contract amount by $1,613.60 and contract time by 14 days for construction of the Dr. Martin Luther King, Jr. Public Library. Motion carried and ordered unanimously.

APPROVAL, RE: CERTIFICATION OF LOCAL OPTION GAS TAX FORMULA

Motion by Commissioner Voltz, seconded by Commissioner O’Brien, to approve Annual Certification of Local Option Gas Tax Formula. Motion carried and ordered unanimously.

AMENDMENT TO MANAGEMENT LEASE AGREEMENT #4177 WITH STATE OF FLORIDA,
RE: JACOBSOHN, WAGNER, VISLOCKY AND ENCHANTED FOREST PROPERTIES

Motion by Commissioner Voltz, seconded by Commissioner O’Brien, to execute Amendment to Management Lease Agreement #4177 with State of Florida for Jacobsohn, Wagner, Vislocky and Enchanted Forest properties acquired under the Maritime Hammock Initiative CARL project. Motion carried and ordered unanimously.

AMENDMENT TO STATE OPTION AGREEMENT, RE: SEASIDE OAKS PROPERTY

Motion by Commissioner Voltz, seconded by Commissioner O’Brien, to execute Amendment to State Option Agreement for the Seaside Oaks property to reflect the corrected legal description. Motion carried and ordered; Commissioner Voltz voted nay.

STANDARD CONTRACT WITH FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES
SERVICES, DEVELOPMENTAL SERVICES PROGRAM, RE: SCAT SERVICE FOR
DEVELOPMENTALLY DISABLED CITIZENS

Motion by Commissioner Voltz, seconded by Commissioner O’Brien, to execute Standard Contract with Florida Department of Children and Families Services, Developmental Services
Program in the amount of $115,000 for transportation services to the developmentally disabled from July 1, 1999 through June 30, 2002. Motion carried and ordered unanimously.

TASK ORDER NO. 11 WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC., RE:
ENGINEERING SERVICES FOR NORTH BREVARD WATER PLANT FLUORIDATION
MODIFICATIONS

Motion by Commissioner Voltz, seconded by Commissioner O’Brien, to execute Task Order No. 11 with Post, Buckley, Schuh & Jernigan, Inc. for design and permitting of fluoridation equipment at the North Brevard Water Plant. Motion carried and ordered; Commissioner Voltz voted nay.

AWARD OF PROPOSAL #P-3-9-14, RE: REMANUFACTURED TONER CARTRIDGES

Motion by Commissioner Voltz, seconded by Commissioner O’Brien, to award Proposal #P-3-9-14 for remanufactured laser printer and fax machine toner cartridges to Dynamic Laser Products, the highest ranked firm at an annual estimated cost of $17,696. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-2-9-21, RE: LAWN MAINTENANCE FOR CENTRAL AND
SOUTH AREA FACILITIES

Motion by Commissioner Voltz, seconded by Commissioner O’Brien, to award Proposal #P-2-9-21, to LaMontagne Lawn Care for lawn maintenance for Central Area Facilities (Public Safety Center and Martin Anderson Senior Center) at annual cost of $7,440; and Pegasus Landscaping for the South Area Facilities (Melbourne Courthouse, South Brevard Service Complex, District 3 Commission Office, and South Brevard Senior Center) at an annual cost of $23,280. Motion carried and ordered unanimously.

APPROVAL, RE: REVISION TO BOARD MEETING SCHEDULE

Motion by Commissioner Voltz, seconded by Commissioner O’Brien, to revise the 1999 Board Meeting Schedule, to include the Manatee Protection Plan Workshop on August 19, 1999, at 10:00 a.m. in the Board Room. Motion carried and ordered unanimously.

APPOINTMENT, RE: CITIZEN ADVISORY BOARD

Motion by Commissioner Voltz, seconded by Commissioner O’Brien, to appoint Ed Geir, Acting Mayor, City of Palm Bay, 120 Malabar Road, SE, Palm Bay, Florida 32907-3009 to the Tourist Development Council, replacing John Mazziotti. 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.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, ARTICLE XIII, DIVISION 2,
SECTIONS 62-4332, 62-4334, 62-4335, AND CREATING SECTION 62-4337,
RELATING TO LANDSCAPING

Chairman Scarborough called for the public hearing to consider an ordinance amending Chapter 62, Article XII, Division 2, Sections 62-4332, 62-4334, 62-4335, and creating Section 62-4337, relating to landscaping.

Carl Signorelli requested the item be continued to allow additional time to bring the Board up to date; stated there are a lot of new items in the ordinance; and suggested the Board appoint a committee to include County staff, Commissioners, and three members of the Concerned Citizens for Property Rights (CCPR) to discuss the issues and different items they would like to see changed.

Maureen Rupe stated the Landscape Ordinance is fine as it is, but she has some objections to the Land Clearing Ordinance.

Commissioner Higgs stated the Board does not need a formal tabling and can take no action; the individuals can meet with the County Manager; and if there are items County staff or the Commissioners want to bring to the Board, that is fine. Commissioner Carlson inquired does this also include the Land Clearing Ordinance; with Chairman Scarborough responding affirmatively.

Motion by Commissioner O’Brien, seconded by Commissioner Voltz, to continue public hearing to consider ordinance amending Chapter 62, Article XIII, Division 2, Sections 62-4332, 62-4334, 62-4335, and creating Section 62-4337, relating to landscaping, to the October 12, 1999 Board Meeting. Motion carried and ordered; Commissioner Higgs voted nay.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, ARTICLE XIII, DIVISION
3, SECTIONS 62-4361, 62-4362, 62-4363, 62-4365, 62-4366, AND CREATING
SECTION 62-4368, RELATING TO LAND CLEARING AND TREE PROTECTION

Chairman Scarborough called for the public hearing to consider an ordinance amending Chapter 62, Article XIII, Division 3, Sections 62-4361, 62-4362, 62-4363, 62-4365, 62-4366, and creating Section 62-4368, relating to land clearing and tree protection.

Motion by Commissioner O’Brien, seconded by Commissioner Voltz, to continue public hearing to consider ordinance amending Chapter 62, Article XIII, Division 3, Sections 62-4361, 62-4362, 62-4363, 62-4365, 62-4366, and creating Section 62-4368, relating to land clearing and tree protection, to the October 12, 1999 Board meeting. Motion carried and ordered; Commissioner Higgs voted nay.

DISCUSSION, RE: RESCHEDULING OCTOBER 5, 1999 BOARD MEETING

Commissioner Voltz requested the October 5, 1999 Board meeting be rescheduled as she will not be available on that date.

Chairman Scarborough requested staff review the options to reschedule such meeting.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN
BAREFOOT BAY, UNIT 1 - RONALD J. FLYNN

Chairman Scarborough called for the public hearing to consider a resolution vacating public utility easements in Barefoot Bay, Unit 1, as petitioned by Ronald J. Flynn.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution vacating public utility easements in Barefoot Bay, Unit 1, as petitioned by Ronald J. Flynn. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENT IN SPANISH COVE, SUNTREE PUD - CAROL J. STACY

Chairman Scarborough called for the public hearing to consider a resolution vacating public utility and drainage easement in Spanish Cove, Suntree PUD, as petitioned by Carol J. Stacy.

There being no comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution vacating public utility and drainage easement in Spanish Cove, Suntree PUD, as petitioned by Carol J. Stacy. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN SECTION 26,
TOWNSHIP 26S., RANGE 36E. - SAWGRASS LAND DEVELOPMENT COMPANY

Chairman Scarborough called for the public hearing to consider a resolution vacating right-of-way in Section 26, Township 26S., Range 36E., as petitioned by Sawgrass Land Development Company.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution vacating right-of-way in Section 26, Township 26S., Range 36E., as petitioned by Sawgrass Land Development Company. Motion carried and ordered unanimously.

DISCUSSION AND PERMISSION TO ADVERTISE ORDINANCE, RE: REGULATING TITLE
LOAN INDUSTRY

David Jacoby, Judy Cascone, Cynthia Kroh, Paul Levy, Debbie Anderson, Rosemary Castronovo, Paul Ashe, Wanda Appeldoorn, and Dana Ferrell explained the title loan business and the operation of their businesses; and advised of their objections to the proposed ordinance regulating the title loan industry.

Bob Jespersen, Kevin Sharkey, Gwen Sharkey, Ann Stacer, Jeff Wiggins advised of their support for the proposed ordinance regulating the title loan industry.

The meeting recessed at 10:37 a.m. and reconvened at 10:57 a.m.

Chairman Scarborough requested staff inquire if there are any items that are coming under particular scrutiny in discussion with the other counties.

Commissioner Higgs inquired how have other counties dealt with the immediate call of loans so that loans made prior to the passing of the ordinance are not called immediately.

Assistant County Attorney Kim Brautigam responded none of the other counties she contacted had dealt with that issue; some of them allowed for a transition period where the ordinance did not take effect for several months; and others took effect immediately.

County Attorney Scott Knox stated if the Board goes forward with the ordinance, he would advise that it include a provision that it does not apply retroactively to any loans existing presently.

Commissioner Voltz stated she believes the people are being taken advantage of; it is allowing people to borrow money and not being responsible for the money they spend; she supports the 30%; and all businesses take a risk.

Commissioner Voltz inquired who will regulate the enforcement; with County Attorney Scott Knox responding it is the County’s responsibility.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to grant permission to advertise an ordinance creating Article III, Chapter 26 of the Brevard County Code, entitled “Motor Vehicle Loans” in order to regulate the motor vehicle title loan business in Brevard County; providing definitions; providing conditions for engaging in motor vehicle title loan transactions; providing for maximum interest rates, transaction satisfaction and default; providing for violations, penalties and enforcement; and providing for a transition period; providing for severability; providing for codification; and providing an effective date. Motion carried and ordered unanimously.

AMENDMENTS TO AGREEMENTS WITH SEAN ANDERSON, CHARLES CRAWFORD,
DANIEL FREYBERG, PHILIP MITCHELL, AND SUZANNE TAYLOR, RE:
DEPENDENCY CASE ATTORNEYS

Judge Kerry Evander advised that the requested increase is due to the increase in caseloads of 60%; the request is for $182,000 annually per contract, effective July 1, 1999; and he believes the request is reasonable.

Commissioner O’Brien stated Brevard County is to receive approximately $142,000 in State funding; the budget includes an allocation of $281,000; that money comes from Fines and Forfeitures; and inquired where do the juvenile funds come from.

Shawna Heffernan, Jail Oversight Coordinator, advised the County budget for juvenile proceedings is $141,000; it receives a match State-funded grant; and it is the additional $141,000.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Amendments to Agreements with Sean Anderson, Charles Crawford, Daniel Freyberg, Philip Mitchell, and Suzanne Taylor for salary increases of $10,400 per year for dependency case attorneys. Motion carried and ordered unanimously.

The meeting recessed at 12:00 noon and reconvened at 1:02 p.m.

PUBLIC HEARING, RE: APPROVAL OF STIPULATED SETTLEMENT AGREEMENT WITH
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR ADMINISTRATIVE
APPEAL TO COMPREHENSIVE PLAN AMENDMENTS RELATING TO WETLANDS

Chairman Scarborough called for the public hearing to consider approval of stipulated settlement agreement with Florida Department of Community Affairs for administrative appeal to Comprehensive Plan Amendments relating to wetlands.

B. B. Nelson stated this is Stipulated Settlement Agreement that has been created in the last four or five years between the County and environmental societies out of the Sunshine and in closed meetings; if Brevard County wants to stop all development, that is what this Agreement is for; and he is opposed to the proposed Agreement as it is a major deterrent to business activity.

Mary Todd, representing the Sierra Club Turtle Coast Group, stated the wetlands issue has been with the County since April 18, 1995 and it needs to be brought to closure today; the proposed language is an acceptable compromise in the opinion of the Sierra Club and is a reasonable approach to the protection of wetlands; difficult environmental issues can be resolved when patience and professionalism dominate efforts; and expressed appreciation to the Board and County staff for having the determination and courage to proceed toward resolution in the face of difficulty and frustration.

Kim Zarillo, representing Florida Native Plant Society, requested the Board accept the Agreement today.

Margaret Hames stated she echoes Ms. Zarillo’s sentiments and appreciates the Board’s attention to the wetlands as they are vital to the future of Brevard County. She noted by protecting the wetlands, the County is protecting the citizens and the homeowners; and she hopes the issue will be settled today.

Diane Stees, representing Indian River Audubon Society, stated she is glad to see everyone working together for the good of the community; a problem with the original amendment was the loss of local control and the Future Land Use Element had weakened criteria over the Conservation Element; and the Society is glad to see these things have been worked out. She urged the Board to accept the Agreement today.

Charles Moehle, representing Modern, Inc., requested the date of February 23, 1996 be moved to after the parentheses in Florida on Page 7 for clarification purposes concerning buffers.

Discussion ensued concerning curb cuts, interchanges, and commercial and industrial future land use designations.

Planning and Zoning Director Mel Scott stated County staff has no problem moving the date on Page 7, Number 2; it maintains the integrity of the sentence, and has no real impact on the meaning of that Policy; on Mr. Moehle’s other change on Page 8, staff recommends inserting the word “forested” in the first sentence to refer to a forested wetlands location map; and it will do a better job linking the Policy to the map it is intended to be linked to as opposed to having cross-referenced numbers. He stated Criterion D on Page 8 may have the affect of bringing ambiguity back into the Policy set by merely referring to wet flatwoods; wet flatwoods were not present in those lands that have commercial and industrial future land use designations on them now; he would propose to move Criterion D to take out the ambiguity; and Brevard County would still be preserving those wetlands that are outlined specifically in Criterion C. He noted this has been found to be acceptable also to the intervenors.

Ms. Zarillo stated by agreeing to delete Criterion D, Mr. Moehle’s problem should be solved. Mr. Moehle stated if the July 10, 1999 rendition is the same as the one he is referring to on Page 7, that is fine.

Chairman Scarborough inquired what is the net effect of moving the date from one place to another.

County Attorney Scott Knox responded the County may want to repeat the date; if it moves the date, it changes the meaning of the whole sentence, including the industrial and commercial designations to anything; and it does not have a date. He noted it would read, “Commercial and industrial land development activity shall be prohibited in wetlands contained in properties designated on the future land use map as commercial and industrial after February 23, 1996 and in surrounding buffers with specifications based on the buffer zones for water wetlands and wildlife in East Central Florida Region, etc. published by the Center for Wetlands University of Florida after February 23, 1996.” Chairman Scarborough noted it will appear twice rather than once; with Attorney Knox responding that is correct.

Ms. Todd stated she does not see any reason for doing that and does not see any ambiguity.

Chairman Scarborough inquired if Assistant County Manager Peggy Busacca sees a problem in repeating the date twice and would it change the meaning. Ms. Busacca responded the second date would talk about buffers in place after February 23, 1996. Chairman Scarborough stated it adds the date to the buffer issue as well as the designation issue.

Commissioner Higgs suggested Policy 2, 4th line include “and in surrounding buffers designated after February 23, 1996.”

Ms. Todd requested the intervenors be given time to contact their attorney by speakerphone to discuss the issue. Chairman Scarborough requested Ms. Todd touch base with their attorney and let the Board know when they are ready to come back to the item.

PUBLIC HEARING, RE: RECOMMENDATIONS FOR FY 1999-2000 COMMUNITY
DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAMS

Chairman Scarborough called for the public hearing to consider recommendations for the FY 1999-2000 Community Development Block Grant (CDBG) and HOME Investment Partnership Programs.

Commissioner Voltz inquired could the playground equipment for Country Acres come from these type of funds; with Housing and Human Services Director Bernice Jackson responding affirmatively. Commissioner Voltz requested staff look into the possibility of providing such equipment. Ms. Jackson stated the CDBG Advisory Board is meeting this Thursday evening; and staff can present it at that time. Commissioner Higgs stated Country Acres could develop a proposal to go to CDBG.

Motion by Commissioner Voltz, to approve the recommended FY 1999-2000 CDBG and HOME Investment Partnership Program projects in the FY 1999-2000 HOME Consortium Consolidated Action Plan.

Commissioner Carlson inquired about the capital improvement for handicapped playground at $50,000; stated it is at Woody Simpson Community Center; there was a playground built there for $45,000; and she was under the impression it was handicapped accessible.

Parks and Recreation Director Chuck Nelson responded the playground that was installed meets handicapped requirements; there are higher levels counties can attempt to achieve; and they are looking to have more transfer stations and things that make it accessible for wheelchairs and those types of uses. He noted Brevard County meets federal law, but the question is does it take it to the highest level it can achieve.

Commissioner Carlson stated it would be nice to have the more elaborate playgrounds for the handicapped and there are not enough in the area; but the County has spent $45,000; and there are a lot of other needs that have not been met that may take precedence. She inquired how many individuals will be using the playground.

Commissioner Higgs stated everyone is interested in the concept of the handicapped accessible park; and the question is where would it best be located and are there schools with programs close to this that are unique. She requested staff provide the Board with additional information.

Discussion ensued concerning the WLC Homeowners Association Commercial Revitalization and Economic Development Project, commercial property, blighted areas, multi-year funding, loan program, and commercial paper.

Commissioner O’Brien stated the Vietnam Veterans of Brevard have also come forward requesting $5,000 from the CDBG grant money; the memorandum from Assistant County Manager Don Lusk indicates there is a possibility that the Vietnam Veterans will utilize the subject public hearing scheduled for today as an opportunity to appeal the CDBG Advisory Board’s decision not to provide funding for the transitional living facility for the homeless Vietnam Veterans.

Assistant County Manager Don Lusk advised since the time of his memorandum, the Advisory Board has decided to hear all of the appeals because there was not a quorum at the last meeting; and the Vietnam Veterans of Brevard will have the opportunity to go before the CDBG Advisory Board and appeal.

Commissioner O’Brien stated he hopes the Advisory Board will understand the seriousness of the situation for the Vietnam Veterans; it is an important program for the men who put their lives on the line for this country.

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Higgs, to continue public hearing to consider the recommended FY 1999-2000 Community Development Block Grant (CDBG) and HOME Investment Partnership Program projects in the FY 1999-2000 HOME Consortium Consolidated Action Plan to the July 27, 1999 Board Meeting. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: CONSIDERATION OF VESTED RIGHTS DETERMINATION
REQUEST BY HAROLD FRICKER

Chairman Scarborough called for the public hearing to consider the vested rights determination request by Harold Fricker.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to continue public hearing to consider vested rights determination request by Harold Fricker to the July 27, 1999 Board Meeting as the representative is not present. Motion carried and ordered unanimously.

RECONSIDERATION OF SPEED HUMP REQUEST, RE: JULIA DRIVE

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve request for installation of speed humps on Julia Drive, located in Melbourne. Motion carried and ordered unanimously.

STATUS, RE: AMERICAN CENTER FOR LAW AND JUSTICE

Attorney Richard Torpy, representing Brevard Cabaret Association, stated the Association represents five of the largest adult entertainment clubs in Brevard County; their concern is the County having the American Center for Law and Justice (ACLJ) review its Adult Entertainment Ordinance as the ACLJ is a group whose entire purpose is to support its view of morality; and the clubs do not believe they will get a fair shake. He requested the Board ask itself why is it looking at the Ordinance to begin with; stated he is not sure what problems the County is having or if it is having any problems; the group he represents has met many times and talked with County staff; and they are willing to iron out those problems if they exist. He stated the clubs he represents have been around for 15 and 20 years in the same locations; they have built a niche in their community and have worked out a give and take with the communities so they are not offensive; and the individuals he represents are all businessmen, have families in the community, and are very well received in the community. Attorney Torpy stated if shutting down the clubs is one of the County’s intentions, it cannot do it; requested the Board not revisit its Adult Entertainment Ordinance unless there is some large problem that he has yet to hear of; and give them the opportunity to talk to the County to develop with cures or solutions that are acceptable to all sides.

Attorney David Wasserman, representing Central Florida Naturists, stated it is an absolutely intolerable violation of separation of church and State having a religious-based organization write the County’s laws; and there are sometimes problems when these types of groups who are not from the community write laws and potentially leave counties in the lurch as ACLJ did in Seminole County when it refused to defend them once it received all the materials for the lawsuits.

Commissioner Voltz stated the ACLJ is not going to write Brevard County’s ordinance, but will write an ordinance that the County chooses; it will provide information accordingly; and the bottom line is it will be Brevard County’s ordinance.

Commissioner Higgs stated the County Attorney staff is competent in this area and can draft the ordinance in-house; such ordinance can be sent to all interested parties; the Board can review it and determine which way it wants to go; and Fowler, White is experienced in this area and can provide assistance if the County Attorney needs it.

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize employing Joe Cocchiarella from the State Attorney’s Office in Orlando and the firm of Fowler, White, under contract, to assist in drafting an adult entertainment ordinance and advise the Board as the issue evolves; and direct staff to provide copies of the draft ordinance to the American Center for Law and Justice (ACLJ) and other firms with an interest in the issue for their comments. Motion carried and ordered unanimously.

County Attorney Scott Knox stated staff will come back to the Board with alternatives and then draft the ordinance.

Vice Chairman Higgs passed the gavel to Chairman Scarborough.

The meeting recessed at 2:30 p.m. and reconvened at 2:54 p.m.

Assistant County Attorney Christine Lepore stated she spoke with the Attorney Theriac, the intervenor’s Attorney, and Mr. Moehle; they have reached a resolution to resolve the buffer and date language; on Page 8, Conservation Element 5.2.F, Paragraph 2, language would include “Commercial and industrial land development activities shall be prohibited in wetlands contained in property designated on the Future Land Use Map as commercial and industrial after February 23, 1996 and in surrounding buffers for such wetlands”; and that is the language that will ensure that the buffers are tied to the wetlands designated after the February 23, 1996 date.

Charles Moehle, Mary Todd and Kim Zarillo advised they accept the proposed language.

Planning and Zoning Director Mel Scott stated he wants to make sure the motion includes the deletion of Criterion D and includes the word “forested” to clearly define the map.

There being no objections, motion was made by Commissioner O’Brien, seconded by Commissioner Carlson, to execute Stipulated Settlement Agreement with Florida Department of Community Affairs concerning administrative appeal to Comprehensive Plan Amendments relating to wetlands, as amended, to include deletion of Criterion D on Page 8, inserting the word “forested” on Page 8, first sentence, and include “Commercial and industrial land development activities shall be prohibited in wetlands contained in property designated on the Future Land Use Map as commercial and industrial after February 23, 1996 and in surrounding buffers for such wetlands” on Page 8, Conservation Element 5.2.F, Paragraph 2. Motion carried and ordered unanimously.

RESOLUTION, RE: CONSIDER TAX ABATEMENT APPLICATION OF SUTTON
PROPERTIES ON BEHALF OF HETRA SECURE SOLUTIONS, INC.

Motion by Commissioner Voltz, seconded by Commissioner O’Brien, to adopt Resolution No. 99-154 to consider a tax abatement application from Sutton Properties on behalf of Hetra Secure Solutions, Inc., and request the Economic Development Commission and Property Appraiser provide recommendations. Motion carried and ordered unanimously.

RESOLUTION, RE: CONSIDER TAX ABATEMENT APPLICATION OF TERION, INC.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution to consider tax abatement application from Terion, Inc., and request the Economic Development Commission and Property Appraiser provide recommendations. Motion carried and ordered unanimously.

RESOLUTION, APPLICATION TO FLORIDA COMMISSION FOR THE TRANSPORTATION
DISADVANTAGED, AND ASSURANCE FORM, RE: GRANT FOR BREVARD
COUNTY 1999-2000 TRANSPORTATION DISADVANTAGED PROGRAM

Motion by Commissioner O’Brien, seconded by Commissioner Voltz, to adopt Authorizing Resolution, and execute Trip and Equipment Grant Application and Standard Assurance Form with Florida Commission for the Transportation Disadvantaged for grant for Brevard County 1999-2000 Transportation Disadvantaged Program in the amount of $768,367. Motion carried and ordered unanimously.

OPTION AGREEMENT FOR SALE AND PURCHASE WITH BOARD OF TRUSTEES OF
THE INTERNAL IMPROVEMENT TRUST FUND, RE: TRANSFERRING TITLE OF
HUTTERLI-VALLE PROPERTY TO THE STATE FOR INDIAN RIVER LAGOON
BLUEWAYS CARL PROJECT

Motion by Commissioner Higgs, seconded by Commissioner O’Brien, to execute Option Agreement for Sale and Purchase with Board of Trustees of the Internal Improvement Trust Fund for transferring title of Hutterli-Valle property to the State for the Indian River Lagoon Blueways CARL project, which provides for $900,000 in reimbursed funds to the County’s EEL Program. Motion carried and ordered; Commissioner Voltz voted nay.

CHANGE ORDER NO. 1 WITH WHARTON-SMITH, INC., RE: SOUTH CENTRAL REGIONAL
WASTEWATER TREATMENT PLANT EXPANSION

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to approve Change Order No. 1 to Contract with Wharton-Smith, Inc. for construction of the South Central Regional Wastewater Treatment Plant expansion, decreasing the Contract amount by $1,060,032.78, to a new total of $8,531,967.22. Motion carried and ordered unanimously.

DISCUSSION AND DIRECTION, RE: SOUTH MAINLAND SERVICE FACILITY

County Manager Tom Jenkins stated staff would like Board direction on how it would like to proceed in terms of location so it can begin the process.

Chairman Scarborough stated this is one of the more significant decisions that Brevard County is going to make; it would be unfortunate to look at it as a temporary matter; once it is developed, there is going to be a fragmented system; and the people in North Brevard were not happy with the movement of facilities to the south end of the County. He noted there was an advantage in having facilities located together; he does not want to rush this issue; he would like to review the sites and have the County Manager look at the options; and the County should option out the capacity to acquire 30 or 40 acres so it can look long-term.

Commissioner Voltz inquired is there a time frame with the Ben Jeffries site; and stated it is her preferred site.

Dwayne Watson, representing Watson Real Estate, stated they wanted the first phase to start between the year 2000-2001; and there would be a three-year option on the remaining property.

Commissioner Voltz stated what she likes about the site is the way they are going to extend Emerson.

Chairman Scarborough requested additional time for the Constitutional Officers and the Commissioners to have an opportunity to visit the site.

Commissioner Higgs requested staff provide additional information concerning the population Brevard County is trying to serve and what is central.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to continue discussion concerning a new South Mainland service facility to the July 27, 1999 Board meeting. Motion carried and ordered unanimously.

PERMISSION TO FILE AMICUS CURIAE BRIEF, RE: PAP’S A.M. t/d/b/a KANDYLAND V.
CITY OF ERIE

Attorney David Wasserman, representing Central Florida Naturists, commended County Attorney Scott Knox for his initiative in bringing this forward; and urged the Board to support the County Attorney’s request to file the amicus curiae brief.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant permission to file an amicus curiae brief in Pap’s A.M. t/d/b/a Kandyland v. City of Erie supporting the County’s ability to ban public nudity under the reasoning set forth in the Supreme Court’s decision in Barnes. Motion carried and ordered unanimously.

SELECTION OF CERTIFIED PUBLIC ACCOUNTING FIRM, RE: INDEPENDENT AUDITING
SERVICES

Motion by Commissioner Voltz, seconded by Commissioner O’Brien, to approve selection of the certified public accounting firm of Berman, Hopkins, Wright & Laham for independent auditing services for Fiscal Years 1999 through 2001; and authorize the Chairman to sign the Contract.

Dale Cox, Managing Director with Bray, Beck and Koetter, stated they were pleased when they went through the proposal process and presented their qualifications; the Selection Committee ranked their firm number one; they provided additional correspondence to each Commissioner; it was their understanding that their quote for the fee was higher than the second ranked firm; and it has been extremely competitive with such firm in the past. He noted said firm has actual hands-on experience in being able to calculate the cost of the audit; all his firm had was
estimates that it could base its on; if it had the actual data, it could have been more competitive; and his firm would be glad to modify its fee quote based to meet the quote of the second ranked firm.

Commissioner Higgs inquired is Bray, Beck and Koetter Firm modifying its hours or just the prices; with Mr. Cox responding the hours would be modified as well.

Commissioner O’Brien stated it is a little late in the game for a firm to say it will match the price. Commissioner Voltz stated she agrees, unless the Board tables the entire issue and lets both firms start all over again.

Motion by Commissioner O’Brien, seconded by Commissioner Voltz, to approve selection of the certified public accounting firm of Berman, Hopkins, Wright & Laham for independent auditing services for Fiscal Years 1999 through 2001; and authorize the Chairman to sign the Contract.

John Hopkins, representing Berman, Hopkins, Wright & Laham, stated his firm has the lowest price; that is very important; and to give another firm an opportunity to come back and resubmit is not right in a sealed bid situation.

Chairman Scarborough stated he worked with Bray, Beck and Koetter when he was Mayor of the City of Titusville and it did a good job; it is still the accountant for the City; and he has a lot of confidence in such firm.

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

PERSONAL APPEARANCE - DARRELL BALLARD, RE: NOISE ORDINANCE IN
CANAVERAL GROVES

The Board took no action concerning the Noise Ordinance in Canaveral Groves as Darrell Ballard had to leave the meeting.

DISCUSSION, RE: APPLICATION OF HOUSE BILL 1535

Motion by Commissioner O’Brien, seconded by Commissioner Scarborough, to authorize the County Attorney to file a declaratory judgment action to interpret the County’s rights under
House Bill 1535, addressing nonconforming buildings and structures; and direct staff to find a way to have the billboards removed if they are illegal. Motion carried and ordered unanimously.
County Manager Tom Jenkins stated there is a conflict on the evenings of August 10 and 11, 1999; and all the Commissioners are available during the day on those two days and also on Thursday, August 12, 1999, in the evening.

Motion by Commissioner O’Brien, seconded by Commissioner Carlson, to approve scheduling a public hearing on August 12, 1999, at 5:01 p.m. to consider an ordinance adopting performance based zoning standards.

PERSONAL APPEARANCE - VAL GACCIONE OF PRIDE & JOY, RE: ALTERNATIVES
TO MOSQUITO CONTROL PROGRAM

Val Gaccione, representing Pride and Joy Environmental Resort, stated this is a resort for people who have environmental illness; and expressed her concern with the spraying and use of pesticides. She noted she believes there are possibilities to do things on a lower toxic level than is presently being done; money is the only thing that counts and human life does not; and they would like to work together and cooperate with Brevard County. Ms. Gaccione suggested a citizens committee be formed to find out what is available and different alternatives for Brevard County’s Mosquito Control Program.

Karen Lewocz, stated she is from Toronto, Canada and is staying at the Pride and Joy Environmental Resort; and expressed her concern about pesticide spraying. She noted when she is exposed to pesticides, she gets severe chest pains; within seconds, she has to remove herself from the area; if she does not do that, she collapses and has to go on oxygen full time for at least eight hours; and she hopes everyone can work together.

Chris Gagnon shared experiences he has had in relationship to pesticides and chemicals, including severe headaches and swelling; and stated there have to be other possibilities out there which need to be reviewed.

Richard Pressinger stated approximately 10 years ago he had to quit his job teaching because he got MSC living next to a golf course; and advised of research being done concerning pesticides and their effects.

*County Manager Tom Jenkins’ absence was noted at this time and Assistant County Manager Stephen Peffer was present.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct staff to form a committee, including an individual from the Pride and Joy organization, citizens, and experts in health areas, to work with the Mosquito Control Director, do research, and investigate other options and possible alternatives to the Mosquito Control Program; and provide a report to the Board within four or five months. Motion carried and ordered unanimously.

WARRANT LIST

Upon motion and vote, the meeting adjourned at 4:05 p.m.

ATTEST:
___________________________________
TRUMAN SCARBOROUGH, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
_________________________
SANDY CRAWFORD, CLERK

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