The Board of County Commissioners of Brevard County, Florida, met in special session on May 22, 1995, at 5:01 p.m. in the Government Center Board Room, Building C, 2725 St. Johns Street, Melbourne, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Mark Cook, and Scott Ellis, County Manager Tom Jenkins, and County Attorney Scott Knox.

DISCUSSION, RE: JAIL WORKSHOP

County Manager Tom Jenkins advised the Sheriff was invited to the Jail Workshop to have a dialogue on the jail issues; and there is no specific agenda. He advised the meeting is the result of Commissioner Cook and the Sheriff meeting previously.

Commissioner Cook advised his meeting was at the request of the Sheriff; and the Sheriff requested an hour to meet with the Board to discuss options.

DISCUSSION, RE: JOINT MEETING WITH THE TOWN OF MALABAR

County Attorney Scott Knox stated the joint meeting with the Town of Malabar was initiated under Chapter 164, Florida Statutes at the request of the Town; and the Board accommodated the request by setting up the meeting to discuss the reasons underlying the Town's intent to sue the County over the impact fee issue. He noted he requested staff be present to discuss the issue of credits and the actual impact fee assessment that would have been charged to the developer that was involved in the Malabar situation.

Chairman Higgs stated the meeting is to listen to the concerns of the Town of Malabar, and direct staff. Mr. Knox stated the Board can discuss the issue with the Town to see if there is a way to resolve the issue.

Commissioner O'Brien stated this will be after the fact because tonight the Board will discuss impact fees. Chairman Higgs stated the decision made in January, 1995 was the major impact on the Town.

DISCUSSION, RE: FENCE REGULATIONS FOR PROPERTIES ZONED AU

Commissioner Scarborough stated the Board previously discussed the issue of fences; he thought it just applied to residential fences; but it has come to his attention that there is a restriction in a residential sense for agricultural properties. He noted there are thousands of fences that violate the Ordinance; and the Board is either going to be faced with a number of people seeking variance or it will need to change the Ordinance. He requested the Board proceed with an Ordinance change to add the word "agricultural" to Section 62-2109 (a) of the Brevard County Code. He advised the Code is being interpreted to read that agricultural property is residential property; therefore, a person with agricultural property is limited to a six-foot fence; the fence companies did not interpret it that way; and since a permit is not required to put up a fence, there could be 4,000 to 5,000 fences which are in violation of Code. Discussion ensued on the requirements. Commissioner Scarborough stated he would like to put agriculture in with the limitations for industrial and commercial.

Commissioner Cook inquired if it is being interpreted as residential now; with Commissioner Scarborough responding affirmatively. Chairman Higgs stated in residential it is four feet with a twenty-five foot setback. Commissioner Scarborough stated in commercial and industrial it can be eight-feet; and he would like to allow up to eight feet on agricultural properties. Chairman Higgs stated she would like to see additional information on the issue; but she is not sure there is a problem.

Commissioner Ellis stated there is a problem, but it is not the problem Commissioner Scarborough brought up. He stated the problem came up with a lady in Mims or Scottsmoor; and while the four-foot front fence might make sense on quarter-acre lots in Merritt Island, it does not make sense on five acres in the country. Commissioner Scarborough noted the question is whether it will be offensive to have an eight-foot fence if a home is on two and one-half acres.

Chairman Higgs stated eight feet might not be the problem; and this is a setback issue.

Commissioner Ellis stated the issue is in all zoning classifications fences or walls shall not exceed four feet in height within the required front setback; and what has to be changed is the wording "in all zoning classifications." Chairman Higgs stated that may be it instead of the six or eight foot rule. Commissioner Scarborough suggested sending the issue to staff to look at the problem. He stated in an agricultural area, the residential classifications should not apply. Chairman Higgs stated she has no problem with that; but the problem may not be in regard to the eight feet. Commissioner Ellis advised he already sent a memo to staff, and staff is already looking at this.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct staff to look into means of removing the residential fence height restrictions and setback requirements for agricultural (AU) properties. Motion carried and ordered unanimously.

RESOLUTION, RE: SETTING PUBLIC HEARING TO VACATE A PUBLIC UTILITIES AND DRAINAGE EASEMENT IN VIERA NORTH PUD, TRACT D3 - GERALD AND GERALDINE VAUGHN

Commissioner Scarborough stated at the May 16, 1995 meeting he requested a petition to vacate an easement on property owned by Gerald and Geraldine Vaughn be tabled. He stated it is an inconvenience for Mr. Vaughn to come to the Board twice because he is from out of state; and if the Board moves to advertise, this can be heard on June 6, 1995. He inquired if it is necessary to have a motion to reconsider or can the Board act on it. County Attorney Scott Knox advised the Board can take action.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution setting public hearing on June 6, 1995 to consider vacating a public utilities and drainage easement in Viera North PUD, Tract D3 as petitioned by Gerald and Geraldine Vaughn. Motion carried and ordered unanimously.

DISCUSSION, RE: INTENT OF NATIONAL PARK SERVICE

Commissioner Scarborough stated at the meeting on May 18, 1995, the Board asked the National Park Service whether it was going to designate an area of the Canaveral National Seashore as clothing optional; after the meeting, he was advised by Ranger Wendell Simpson that the Park Service may designate in a week or two; but on Friday, he was advised the Park Service was going to go into rulemaking. He stated it would be advantageous to have the County Attorney address the issue with the Park Service to get a formal definition of its intentions.

Motion by Commissioner Scarborough, seconded Commissioner O'Brien, to direct the County Attorney to meet with the National Park Service to find out what it intends to do in terms of designating an area of the Canaveral National Seashore as clothing optional.

Commissioner Cook inquired if Chairman Higgs will be attending a meeting. Chairman Higgs responded she read in the newspaper that she is invited to a meeting with the Sheriff; and she intends to go. Commissioner Cook stated he does not know the point of the meeting; there were two public hearings; the Sheriff was invited to the second public hearing, but raised no concerns; and now, after the fact, the Sheriff has concerns. Chairman Higgs stated she does not know what the Sheriff's concerns are; but it is her policy to cooperate with the Sheriff. Commissioner Cook inquired if Chairman Higgs will be representing the Board; and advised he does not have a problem with that, but the Board should be informed when the meeting is going to take place. Chairman Higgs advised she assumes the meeting is open to the public; and once she gets the invitation, she will be happy to inform the other Commissioners.

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

DISCUSSION, RE: MEETING WITH THE DEPARTMENT OF ENVIRONMENTAL PROTECTION

Commissioner Cook stated the Department of Environmental Protection is having a meeting upstairs at 7:00 p.m.; and expressed concern that the Board cannot provide input because of the meeting conflict. County Manager Tom Jenkins advised Public Works Director Henry Minneboo, Assistant Public Works Director Ron Jones, Solid Waste Management Director Richard Rabon and Water Resources Director Richard Martens will attend the meeting; and he asked them to be frank and candid about any problems or issues. Commissioner Cook suggested the Board could take a break at 7:00 p.m.; and relay its consternation about the short notice for the meeting, and what the purpose is of inviting Commissioners if there is not sufficient lead time to accommodate their schedules. Mr. Jenkins stated the Board could request another meeting. Commissioner Cook requested staff express the Board's concerns.

ANNOUNCEMENT, RE: ASSUMPTION OF DEFENSE BY FLORIDA ASSOCIATION OF COUNTIES

County Attorney Scott Knox stated he has been advised that the Florida Association of Counties is going to take over the defense of Miorelli subject to a reservation of rights.

Chairman Higgs stated that is wonderful news.

Commissioner Ellis expressed concern about the Department of Environmental Protection meeting.

Commissioner Cook stated he does not understand; if DEP wanted the input of the Board, it would have been simple to check the Board's schedule; but he is not sure DEP wants the Board's input.

Chairman Higgs stated the letter she received invited lots of people including the public; and without advance notice, no one will be able to attend which is unfair to everyone.

PUBLIC HEARING, RE: RESOLUTION APPROVING SUPPLEMENTAL BUDGET FOR FY 1994-95

Chairman Higgs called for the public hearing to consider a Resolution approving the Supplemental Budget for FY 1994-95.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution approving the Supplemental Budget for FY 1994-95; and approve Budget Change Requests for the Supplemental Budget. Motion carried and ordered unanimously.

Upon motion and vote, the meeting adjourned at 5:19 p.m.

NANCY N. HIGGS, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

ATTEST:
SANDY CRAWFORD, CLERK
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