The Board of County Commissioners of Brevard County, Florida, met in special session on April 29, 1999, at 10:00 a.m. in the Government Center Florida Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Nancy Higgs, Sue Carlson and Helen Voltz, County Manager Tom Jenkins, Assistant County Manager Peggy Busacca, and Assistant County Attorney Shannon Wilson.

DISCUSSION, RE: MEETING WITH HARBOR CITY VOLUNTEER AMBULANCE SQUAD

Commissioner Higgs stated she had a meeting yesterday with Harbor City Volunteer Ambulance Squad's Union; the Union's representative was from outside the State; he was trying to convince her to change her position; when she was not convinced after the discussion, she told the Union she had to do what is best for Brevard County; and the out-of-state Union representative said he had to do what was best for his membership. She stated she indicated to the Union she has not changed her position; and the Board needs to be ready to go. Commissioners Carlson and Voltz stated the Union will be meeting with them also.

APPROVAL OF REPAIR, RE: REHABILITATED HOME IN EAST MIMS

Chairman Scarborough stated the County rehabilitated a house in East Mims in 1993; this particular house concerns him because of its electrical system; one contractor verified that a number of little things were not running right; and it appears to be more than a small problem. He noted the County may need to reach other funds to make that happen.

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to waive local housing program rules, and authorize the County Manager to use every means possible to correct the electrical problems and make the rehabilitated home in East Mims safe for dwelling, including the use of Community Development Block Grant (CDBG) funds. Motion carried and ordered unanimously.

Vice Chairman Higgs passed the gavel to Chairman Scarborough.

DISCUSSION, RE: AMENDMENT TO EMERGENCY ORDER

Chairman Scarborough stated there is a traditional bonfire that is held as a part of the Jewish community; it is his understanding the event is nothing that would be a fire threat; and requested authorization from the Board.

DISCUSSION, RE: AMENDMENT TO EMERGENCY ORDER

Commissioner Higgs stated the Board may not have the ability to do this as it did the Emergency Order and transferred to the Chairman and the policy group the authority to do things; the Board was specific in the Emergency Order; she talked to Assistant County Attorney Kyle King concerning the emergency transference, under the Emergency Order, of the authority to the Chairman and the policy group and what it meant for other kinds of things; but this specifically was fire-related.

Chairman Scarborough stated he would like to make sure that is right, and it will be a matter for the policy group to advise him.

Assistant County Attorney Shannon Wilson stated Attorney King came into her office prior to this meeting; she has not had a chance to review the Emergency Order; but if it was similar to the one the Board did last year, this issue would be transferred to the policy group because it is fire-related.

Commissioner Higgs stated her other question to the County Attorney's office was what about other things and did the County's Ordinance cover other actions the Board may take, as it declared the emergency and its policies talk about the transference of County government to the Chairman and policy group.

Chairman Scarborough requested a memorandum from Attorney King on the issue; and stated it needs to be defined. Commissioner Higgs stated the last thing the County needs is confusion as it is confusing enough in a crisis; and the Board needs to be sure everyone understands.

Attorney King requested clarification on what the memorandum needs to entail; with Chairman Scarborough responding with whom the authority lies for the different elements. Chairman Scarborough stated the Sheriff was under the impression that the non-burning Emergency Ordinance had gone to the issue of evacuation; he told the Sheriff it is something that can occur without the Board being in session if it has to evacuate an area due to some hazardous material; and there is a lot of confusion that needs to be clarified for everyone.

Commissioner Voltz noted Chairman Scarborough is asking what authority the policy group has versus the Board regarding an emergency order; with Chairman Scarborough responding yes, and the authority in different incidents that may occur.

Commissioner Higgs stated the Board has done the Emergency Order and transferred to the Chairman and policy group certain things; and requested clarification on other things. Chairman Scarborough stated he would like to know what has and has not been transferred, and what does not have to be discussed and is inherent in the capacity of a policy officer or someone in an emergency that permits them to take action irregardless.

DISCUSSION, RE: MEETING WITH ORANGE COUNTY COMMISSION

Chairman Scarborough stated the Board expressed its desire to meet with the Orange County Commission; and requested Commissioner Higgs touch base with Chairman Mel Martinez of the Orange County Commission concerning the meeting.

DISCUSSION, RE: FUTURE LAND USE ELEMENT (FLUE)

Planning and Zoning Director Mel Scott stated for the last 10 years, the FLUE has been the tool the Board has used in helping to shape the future rural, suburban and urban forms of the County; there are many tools that have existed in the FLUE; and provided the Board a brief overview of the refinements staff is proposing to some of the existing tools in place and proposed new tools to the FLUE. He noted there are a lot of details in the FLUE; the first concept staff is bringing in to the FLUE has been given by the County Attorney's office; it is in the beginning of the Element under Administrative Policies; such Policies are intended to aid the County in the event that an action by the Board is appealed by the courts; and it establishes staff as expert witness and the Board's ability to consider compatibility and character of a neighborhood.

Commissioner Higgs stated Page 4, Administrative Policy 2, reads "Upon Board request or where there is a strong possibility that the case will be subjected to judicial review"; and suggested revised language read "Upon Board request, members of the Brevard County Planning and Zoning staff shall be required to present written analysis and recommendations which shall constitute . . . and that the staff input may include the following"; and recommended deleting "or where there is a strong possibility that the case will be subjected to judicial review" as staff could end up on five zoning cases per zoning agenda doing that. Mr. Scott advised staff will delete "or where there is a strong possibility that the case will be subjected to judicial review" and add "staff input may include." Commissioner Higgs stated Policy 3, reads "In evaluating compatibility, a use shall be presumed compatible if it is consistent with the property's comprehensive land use plan designation . . ."; the County has had difficulty with the words "compatibility" and "consistency"; it has had the zoning staff not use "consistent"; and it is in this Administrative Policy. Mr. Scott stated the Board could include "Compatibility shall be based upon competent evidence establishing that the proposed use or available uses would not materially and adversely impact"; and the Board would not be in the adversarial position or having to overcome a presumption. Commissioner Higgs stated she does not want to have overcome their presumption. Mr. Scott stated staff can modify the sentence to keep the elements in and the Board's determination of compatibility without putting it in the mode of having to rebut.

Chairman Scarborough stated he would like to see a new policy for the rights of business owners to have some integrity to their property values also.

DISCUSSION, RE: FUTURE LAND USE ELEMENT (FLUE)

Commissioner Higgs stated the Board needs to be able to evaluate Conditional Use Permits (CUP's), rezoning applications, and Comprehensive Plan applications, whether it be the effect on a business or residential property.

Chairman Scarborough stated under Administrative Policy 4, Intensity of Traffic, the Board may want to define it, including the volume, time and type traffic. He inquired under Administrative Policy 5, is the County fully addressing unacceptable level of increased traffic hazard; and stated safety has not been part of the formula.

Assistant County Manager Peggy Busacca stated Criteria D includes "material danger to the safety of residents in the surrounding area." Chairman Scarborough inquired what about those individuals who are not residents there, but happen to be in the area. Mr. Scott suggested using the words "public safety."

Commissioner Carlson inquired how can staff define "substantially aggravate" in Policy 7; and stated she wants to be consistent with the Conservation Element where the County includes "species of special concern, threatened and endangered species" instead of "endangered species." Ms. Busacca suggested using the term "listed species."

Assistant County Manager Steve Peffer stated with the scrub issue, there was a problem with federally-endangered and listed species as the office in Jacksonville was not able to support the kind of work load Brevard County anticipated it would present; and such office did not have staff to review the properties, do assessments and determine whether or not there are endangered or threatened species.

Discussion ensued concerning defining zone of influence, levels of service, issuance of development orders, liability issues, protection of species, site plans, permits from U.S. Fish and Wildlife Service, clearing permits, violation of laws, conditions on permits, criminal charges and criminal prosecution, enforcing federal law, mitigation issues, Habitat Conservation Plan (HCP), environmental groups, St. Johns River Water Management District, and U.S. Army Corps of Engineers.

Mr. Scott stated Brevard County has two Future Land Use Maps (FLUM) which makes it very unique in the State; staff is proposing to combine them and have one map; the residential densities would be incorporated in the FLUM; currently every square inch of Brevard County is assigned to residential densities, even those properties that are industrial; and there is a 2020 population projection in unincorporated Brevard County of approximately 310,000 people. He noted the residential density map would allow 485 times that number; Department of Community Affairs (DCA) indicated it was a gross over-allocation on the residential density map and requested Brevard County right-size its residential density allocation to better reflect its census projections; and staff would like to take the properties it knows cannot be developed residentially off. Mr. Scott advised the County has many 30:1 classifications which are currently built at 4:1; and staff would like to right-size the densities to what is built.

Chairman Scarborough inquired how many people are building at 30:1 today; with Mr. Scott responding it is very rare. Chairman Scarborough inquired does the County need a 30:1; with Mr. Scott responding probably only for those areas that have 30:1 so it would not make them non-conforming. Chairman Scarborough stated people in Brevard County are not high-rise individuals; and they like to have openness and greenness.

Commissioner Higgs inquired what is staff going to do with areas such as the housing area of Patrick Air Force Base (PAFB). Ms. Busacca advised PAFB will be coming in at the end of June, 1999 as an applicant on south housing and will be putting together a Comprehensive Plan amendment for the Board; and on the rest of Patrick the County will either keep its current no designation or whatever the Board directs. Chairman Scarborough inquired is the Board going to see a Planned Unit Development (PUD)-type activity with all kinds of things mixed together; with Ms. Busacca responding yes. Ms. Busacca stated PAFB is currently going out for a proposal and will be looking for developers to develop the property; and it is starting the process so when it establishes the short list of people it wants to develop the property, the developer will have an idea of the balance in which they can plan a development.

Commissioner Higgs stated she received the impression that PAFB is going to ask for a greater density than what exists today; everything in the Comprehensive Plan on the barrier island indicates a decrease in density; and inquired if PAFB understands the rest of the Comprehensive Plan. Ms. Busacca responded staff described it to them. Mr. Scott stated PAFB is the applicant and knows it could ask for anything that may not work; staff has been advising it of the frame work it should be cognizant of; and it does not know what product the Board is going to see. Commissioner Higgs stated she is not interested in the developer making money at the expense of the County's infrastructure.

Mr. Scott stated staff is proposing to create three new residential density classifications; currently the County has 30, 12 and 4; it is proposing to remove the 12 and have 6, 10 and 15; and those increased residential density classifications will better mesh with the existing zoning classifications.

Chairman Scarborough inquired does Brevard County have the highest intensity today; stated the unincorporated is supposed to be less intense than the incorporated; in some things, the County is allowing more intensity than the incorporated; and requested staff provide a report on where the County is as a part of the bigger scheme. Commissioner Carlson requested staff categorize the 30 to specific land uses.

DISCUSSION, RE: FUTURE LAND USE ELEMENT (FLUE)

Mr. Scott stated another proposal is to eliminate the Mixed Use District (MUD) and replace it with new commercial classifications, neighborhoods and community; Florida Statutes over the past 10 years have been amended to the point where if the County amends its FLUM and wants to retain the MUD, the DCA will expect Brevard County to identify the percentage of use allocation that would be found in each MUD; and the MUD over the past 10 years has been the County's commercial FLUE. He advised the neighborhood commercial classification will be assigned BU-1-A uses, BU-1-A zoning classifications and down intensity in BU-1-A, RP and all residential; the community commercial FLUE would be assigned to BU-1, BU-2 and the tourist zoning classifications which are currently in MUD's; and dealing with the existing landscape, those two designations would not render existing construction being consistent with the Comprehensive Plan. Ms. Busacca stated if something is TU-2, which is not in a MUD, staff would not be putting it into the commercial designation. Mr. Scott stated for future applications and individuals requesting either a neighborhood commercial or community commercial designation, staff has modified the spacing requirements and maximum acreages; Page 33 includes a table with three layers of review that Brevard County has--Comprehensive Plan, zoning, and Land Development Regulations (LDR); the County used to have a four-acre site size for neighborhood commercial which was identified in the MUD; and staff is proposing it be a two-acre maximum. He stated staff has created a policy and illustration that allows the Board to recognize if a corridor is salvageable from strip commercial or is one where the strip commercial character is such that it might as well forego it and allow it to completely develop in the manner it has started; the formula proposed by staff includes that on any block face, if 50% or more of the block is developed commercially, then the County can assume such block has been doomed to be strip commercial; and at 50% or greater, the Board does not have to be compelled to say it denies someone, but it still can for compatibility and capacity reasons. Mr. Scott stated if all the components are in place and the County is unable to apply spacing criteria to the request, it is able to say the block is over 50% commercial and as long as all the concurrency is in place, it is not going to alter the character there; it is a tool the Board does not currently have if it is less than 50%; if a particular block face is less than 50% commercial, the Board does not have to be compelled to approve the commercial development; and it is for new applications coming to the Board. He stated the Board will always have the authority to bring into its equation considerations of compatibility and neighborhood character; but it does not have at its disposal today a policy that helps it quantify what strip commercial is and is not.

Chairman Scarborough stated when the shopping trends show that the clustering of competing businesses is advantageous to reduce trip miles by customers, the County should encourage that activity.

Commissioner Carlson inquired has the Board ever addressed shopping districts; with Mr. Scott responding no.

Mr. Scott stated if the Board sees a good trend or good idea, it will find the policies in the Comprehensive Plan that will allow it to take place; and zoning has a specific laundry list of uses and setbacks.

DISCUSSION, RE: FUTURE LAND USE ELEMENT (FLUE)

Ms. Busacca stated the Board requested staff to review change of use; it will do a lot for the South Beaches; and it has directed some performance standards in industrial which will solve more problems.

Commissioner Higgs stated BU-2 uses in community commercial are unique and BU-2 zoning can get heavy. Mr. Scott noted the Board may want to look at BU-2 as a zoning classification. Ms. Busacca stated the Board could do three commercial. Commissioner Higgs stated the County is talking retail with most of its community neighborhood commercial. Mr. Scott noted it could be called retail warehousing.

Chairman Scarborough stated the County sometimes forces people to do things that are nasty to carry on legitimate businesses that the neighbors want; perhaps it can walk back into these things with performance standards and say they are in residential and if they look like they are in residential, it does not care what they are doing as long as they are not harming anybody; and maybe the County can look at the activity.

Mr. Scott stated another concept staff is hoping to improve in the Comprehensive Plan is on Page 42, Transitional Uses; the notion of having transitional uses is one that is not clear in the Comprehensive Plan, but one everyone recognizes is essential to insure good planning; and explained the table prepared by staff. He noted staff is attempting to take all the policies and notions scattered throughout the FLUE and put them in the table; and one example would be Professional Office would be something used in the concentric circle notion of heavy/light industrial professional residential. Chairman Scarborough stated it does not work that way; with Mr. Scott responding sometimes it does. Mr. Scott noted this brainstorm happened before the Lane Kendig issue, and the Board may want to wait until Mr. Kendig's presentation.

Ms. Busacca stated she has an example of a Comprehensive Plan based on community character and how it feels; Mr. Kendig wrote it and gave staff a copy; and he is willing to talk to the Board about comprehensive planning at a community character level.

The meeting recessed at 11:45 a.m. and reconvened at 12:25 p.m.

Mr. Scott stated Page 27 includes Protection of Residential Riverside Lands; the County had a rezoning about 1 ? years ago which occurred on the Indian River Lagoon; it was hard-pressed to look at the residential character that hugged the River; it is accustomed to looking at impacts within a radius east-west; and residential character along the River was intact even though there was commercial development occurring one lot over along the U.S. 1 arterial. He noted this Policy is intended to allow the Board to recognize the residential character in a linear sense and point to the Policy to justify that.

DISCUSSION, RE: FUTURE LAND USE ELEMENT (FLUE)

Commissioner Higgs inquired on the language "Brevard County shall define lineal land use bans", is staff going to put it in the glossary and why is it only going to have those in the places it has put them. Chairman Scarborough inquired are there other cases; with Mr. Scott responding there might be and if staff defines others, it will bring them to the Board and highlight them. Commissioner Higgs requested staff add the area south of Malabar. Chairman Scarborough stated the language could read "These land use bans shall generally be established in the following areas, but not limited to the following areas." Mr. Scott stated Page 41 includes Residential Development in Neighborhood and Community Commercial Land Use Designations; the concept here is that there are commercial future land use designation and commercial zoning; the County recognizes it has a lot of dying commercial places; and if someone had commercial zoning and commercial land use and wanted to develop it residentially, the County would allow them to do that. He noted the incentive would be that the County would give them a 25% residential bonus if someone wanted to convert the property into residential.

Commissioner Voltz inquired what kind of bonus; with Ms. Busacca responding a density bonus. Ms. Busacca inquired is it utilized when someone comes in for rezoning; with Mr. Scott responding it can be done administratively. Ms. Busacca noted the County allows residential development within existing commercial rezoning; with Mr. Scott responding that is correct. Ms. Busacca inquired is it contemplated currently in the Zoning Ordinance or will it require such Ordinance be amended; with Mr. Scott responding it allows residential and commercial. Planner Tom Myers stated it allows residential in BU-1-A, BU-1 and BU-2. Ms. Busacca stated it will be staff's decision as to what the density is. Mr. Scott noted it gives staff the parameters it has to work with abutting residential.

Commissioner Higgs stated if there is BU-1-A and next to it is a single-family residence, a 25% bonus gives 1.25; with Mr. Scott responding it would be one house.

Commissioner Carlson stated if the market is not there to develop the commercial, it should not be the County's burden to allow for a higher density because they cannot get the money out of their property. Mr. Scott noted they can always come in for rezoning. Commissioner Higgs stated the question is whether or not to give them a 25% bonus. Chairman Scarborough suggested the Board think about it.

Mr. Scott stated Page 54 includes a table; Planned Industrial Park (PIP) is a desirable thing to have; in the Zoning Code it translates into a campus setting, nice landscaping and buffering; in the FLUE, there is a requirement for 10 acres and the Zoning Code requirement is one acre; and inquired if the Board is interested in decreasing that burden. Chairman Scarborough stated the County can integrate it every place, except residential. Ms. Busacca stated the idea would be that the minimum lot size is one acre and the project has to be 10 acres; someone could subdivide the lots and sell them off; and that is what the discrepancy is. Chairman Scarborough

DISCUSSION, RE: FUTURE LAND USE ELEMENT (FLUE)

inquired what is the minimal size to do a PIP; with Mr. Scott responding three acres. Chairman Scarborough stated PIP is more compatible with residential than commercial; and he would like to see PIP being fully integrated into community commercial.

Commissioner Higgs suggested the tables not be the only place something is referred. Ms. Busacca stated staff can label the tables as summaries. Commissioner Higgs noted most documents would have text that explains the chart, as the chart itself is not a full explanation.

Mr. Scott stated DCA has mandated that Comprehensive Plans include floor area ratios; a floor area ratio of .5 can be assembled on a piece of property different ways; and it can be one story taking up half the parcel or two stories taking up one quarter of the parcel.

Commissioner Higgs stated Page 56 refers to properties contiguous to the F.E.C.R.R. and to allow adjacent properties to put heavy/light industrial close to the F.E.C.R.R.; there are homes built around the F.E.C. in the north and south ends of Brevard County; and inquired what are the implications. Mr. Scott responded it is a balance.

Chairman Scarborough stated Cidco has spurs, but there are no spurs at La Cita Country Club; and perhaps it needs to be defined where there are F.E.C. spurs as that is where there is heavy commercial activity.

Commissioner Higgs stated she does not want the County to say anything that gives someone a presumption that it is okay. Mr. Scott stated staff will work on it.

Ms. Busacca stated the County could add language talking about allowing industrial along major corridors based on performance standards.

Commissioner Higgs stated Page 58 says "Waterfront parcels may be designated for heavy/light industrial land use"; it does not specifically reference compatibility; and inquired is it assumed or should it be included. Mr. Scott recommended compatibility be included.

Commissioner Carlson inquired is the County incorporating the CCMP within the Comprehensive Plan when it talks about land uses near the Lagoon; stated one of the objectives is to insure compliance with the Lagoon Act and reduce or eliminate, where possible, industrial wastewater discharges to the Indian River Lagoon. Mr. Scott responded it is listed in the Conservation Element and on Page 58, Criterion C.

Discussion proceeded concerning impacts on intersections, undeveloped landscape, existing built-out areas, infill, new development, sprawl and strip commercial conditions, clustering, sound planning, visual impact, DRI's, transfer of development rights, and agricultural land uses.

DISCUSSION, RE: FUTURE LAND USE ELEMENT (FLUE)

Chairman Scarborough stated he would like to be able to tell the people who get involved, what the Board plans to do; and inquired will there be another workshop after May 10 and 11, 1999. Ms. Busacca responded staff does not have one scheduled currently. Chairman Scarborough suggested a workshop be scheduled to announce to the people that the Board has been meeting on Comprehensive Plan changes; individuals can submit comments to the Board and attend the workshop; and inquired is it possible to have the workshop prior to the June, 1999 recess. Ms. Busacca noted staff can coordinate with the Commissioners' schedules. Mr. Scott stated Mr. Kendig may not be ready until early July, 1999 to bring to the table his new zoning code. Chairman Scarborough stated before Mr. Kendig's proposals are on the table, the Board needs to have a workshop with him; suggested staff schedule a workshop prior to the June, 1999 recess on the FLUE; and after May 10 and 11, 1999 meetings if it is determined the workshop is not necessary, it can be canceled.

Commissioner Higgs stated Page 85, Criterion A, Policy 4.6, indicates a six-minute response time to be consistent with the Emergency Medical Services (EMS) Planning Council's recommendation; and requested staff check it as she was under the impression it was eight minutes and it needs to be consistent. Commissioner Voltz inquired if it can be referred to another area rather than be specific here. Mr. Scott stated staff can reference the time established some place else.

Commissioner Higgs stated within the Transfer of Development Rights (TDR's), staff has excluded the entire Coastal High Hazard Area as a receiving district which means it is excluding Merritt Island and all the beaches as a receiving area; there may be some TDR's that are appropriate to the Coastal High Hazard; and the County may not want to exclude it all together. Ms. Busacca stated the County did it in the first TDR's South-South Beaches Growth Management Directives years ago; it could take the TDR's from the beachfront to the riverfront, and it also rolled north; and the Board may want to discuss intracoastal versus intercoastal. Commissioner Higgs inquired who approves the TDR; with Mr. Myers responding it is a Conditional Use Permit (CUP). Commissioner Higgs inquired where is it mentioned; with Ms. Busacca responding in the Zoning Code. Mr. Scott noted staff can include it in here.

Commissioner Carlson inquired has staff explored what Martin County is doing; stated it is trying to delineate its urban boundaries for growth and is doing it with Mixed Use; she does not know if it is using TDR's or banking it; and it would be interesting to explore as there are a lot of write-ups on Martin County and what it is doing. Commissioner Voltz stated Mr. Scott indicated there are problems with it. Mr. Scott stated he will verify it and knows how urban boundaries are worked. Commissioner Voltz stated one of the problems presented to her is that Martin County has urban boundaries and wants to put it in road structure for the future; the people are saying it does not want the County to go outside the urban boundary; and it is causing a major problem.

Discussion continued concerning mitigation banking, urban boundaries, interlocal agreements with municipalities, public facilities service requirements, centralized sewer system, connection to potable water, utilization of septic tanks, and aerobic tanks.

DISCUSSION, RE: FUTURE LAND USE ELEMENT (FLUE)

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to direct staff to contact the cities concerning interlocal agreements between the County and cities, and between cities providing for the adjoining jurisdictions to take action on any zoning changes within a certain number of feet from the boundary lines between the two appropriate governmental bodies. Motion carried and ordered unanimously.

Vice Chairman Higgs passed the gavel to Chairman Scarborough.

Commissioner Carlson suggested incorporating language on Page 13 to encourage residential development that maximizes open space conservation without reducing overall building density, encourage interconnectivity of open space between residential developments, or put it together to encourage natural buffers between developments that lack open space. She stated she is trying to set the stage, such as performance based zoning, if the County is looking at open space and how everything is interconnected with linear parks, etc. Chairman Scarborough stated he hopes there is language to encourage major residential developments to have the lineal parks connected; and the County may need to give some incentive to make that happen. Commissioner Carlson stated the County talks about density bonus as well throughout the FLUE as incentives to cluster. Commissioner Carlson stated Page 14, Item F, reads "Policies established and specialized plans"; and inquired how does staff define "specialized plans." Mr. Scott stated staff wanted to keep it broad. Commissioner Carlson noted it would be like conservation designs for a subdivision; with Mr. Scott responding yes. Mr. Scott stated before, the policy limited it to strategic area plans and staff felt why limit it to that.

Chairman Scarborough stated when he was first on the Board, the County obtained a special Agreement with the State concerning aerobic tanks that affected Port St. John; it would not move forward until he went to Palm Bay which wanted to be part of the same Agreement; such Agreement is still in effect; and it superseded all prior General Development Corporation (GDC) Agreements. Chairman Scarborough requested staff provide copies of the Agreement to each Commissioner. Commissioner Voltz inquired what does the Agreement say for the City of Palm Bay; with Chairman Scarborough responding it can build out if it is on City water and there are certain triggering mechanisms to drive it to aerobic tanks.

Commissioner Carlson stated Page 17, Item B states "In the Merritt Island Redevelopment Area, Brevard County should encourage high density development in clustered patterns to avoid the impacts of strip or checkerboard land use patterns"; and suggested including the language "that maximizes open space without reducing building densities." She stated the bottom of the page talks about a 25% density bonus; and suggested including the language "Such higher density should be regulated to interior portions of the PUD tract away from perimeters to enhance blending with adjacent areas and maximizing integration and conductivity of open space". Mr. Scott stated staff can weave it throughout the FLUE, and it could be in the Recreation Open Space Element.

Commissioner Higgs stated it is not responsible for the County to have 37 dwelling units with a 25% bonus in the Coastal High Hazard Zone.

Commissioner Carlson stated on Item C, Residential, she was looking for consistency; the other residential uses do not have the same verbiage concerning 25% density; and it says "density of up to18.75 dwelling units per acre may be considered . . ." Mr. Scott stated they represent 25%; and staff can include it for consistency. Commissioner Carlson stated on Page 19, Item E, she included the same language "integration and conductivity"; and she wants to make sure the language is in the Recreational Element that promotes that. Commissioner Carlson stated Page 28 refers to the role of the Comprehensive Plan and designation of commercial lands; staff refers to compatibility with adjacent land uses; that is where she was talking about interconnection; Items B and H refer to impacts upon natural resources; and the language concerning "integration" could be included there. Commissioner Carlson stated Page 63, Siting of Public Schools Approximate to Urban Residential Areas, says "Brevard County shall encourage the Brevard County School Board to locate new schools approximate to residential 30, 15, 10 and Residential 6 designated areas to the extent possible"; and it is against the community based schools. Mr. Scott stated staff's rationale was having the most school children possibly being able to walk to school. Commissioner Higgs stated she would like to see a better way of expressing the concept of the School Board putting schools where the children are; and requested staff re-write it. Commissioner Voltz stated it should be done by the Legislature; the County cannot do it; and Department of Community Affairs (DCA) should be part of it as it controls the Board and the School Board. Chairman Scarborough stated it should be placed to assure safety. Commissioner Carlson inquired what is new town overlay on Page 74; with Mr. Scott responding Viera. Commissioner Carlson stated on Page 97, Zoning Regulations to Promote Creative Utilization of Land, she added the word "implemented" in the first paragraph, "At a minimum, the following innovative development concepts should be maintained"; and further added E, "The use of conservation designs that maximize open space without reducing overall building densities", and F, "The use of provisions that promote integration and conductivity of open space between residential development."

Chairman Scarborough stated at Tuesday's meeting, the Board discussed I-95 and the wetlands; and individuals indicated it should be integrated into a bigger policy of collecting and reducing impacts of commercial development on road infrastructure demands by using that same philosophy to the extent it could be integrated as an overall planning tool.

DISCUSSION, RE: FUTURE LAND USE ELEMENT (FLUE)

Discussion ensued concerning environmental issues, lineal parks, integration of traffic through projects, impacts to the community, capacity to design correctly, and regulations to require economic and environmental impact assessments.

DISCUSSION, RE: AMENDMENT TO EMERGENCY ORDER

Assistant County Attorney Kyle King stated the memorandum on the broad issue of the policy group and the Emergency Management Center versus the Board doing its regularly scheduled business will be provided to the Board after it is finalized; and his opinion is there is nothing in Florida Statutes or the Emergency Order that says the Board cannot continue to conduct its regularly scheduled business unrelated to the fire emergency.

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize Rabbi Zvi Konikov, Chabad of the Space Coast, to hold the traditional bonfire for the Lag B'omer holiday.

Vice Chairman Higgs stated she is not concerned about the bonfire, but the Board declared an emergency related to the fires and it specified it. Commissioner Voltz inquired does the Board have the ability to do that. Attorney King responded it relates to the Emergency Order; technically, it is something the Chairman and policy group could decide; and the Chairman could order an amendment to allow the bonfire. Vice Chairman Higgs inquired can the Board amend its Emergency Order. Attorney King responded under Florida Statutes 252.486, the Board can modify, amend, delete or change the rules it has ordered; it would need to put something in the Emergency Order concerning bonfire as permitted; the current Order bans all open burnings; and the Emergency Order would be modified.

Commissioner Scarborough requested Attorney King provide the amended Emergency Order to the Board at its meeting on Tuesday.

Vice Chairman Higgs expressed concern about what the policy group is supposed to do, what the Chairman's role is, and who calls the policy group. Commissioner Scarborough noted Attorney King will provide the Board with a memorandum.

Vice Chairman Higgs passed the gavel to Chairman Scarborough.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to direct the County Attorney's office to amend the Emergency Order relating to fires, to provide that applications for exemptions to the Order be brought to the Board, and to clarify the authorizations contained in the Order dealing with the Chairman, Policy Group, and the Board, i.e. how it operates, who calls it, the ability of the Board to call meetings in absence of the Chairman, etc. Motion carried and ordered unanimously.

Chairman Scarborough inquired can the Board consider the request to hold the traditional bonfire; with Attorney Wilson responding yes.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to authorize Rabbi Zvi Konikov, Chabad of the Space Coast, to hold the traditional bonfire for the Lag B'omer holiday. Motion carried and ordered unanimously.

Upon motion and vote, the meeting adjourned at 2:30 p.m.

ATTEST:

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

SANDY CRAWFORD, CLERK
(S E A L)