The Board of County Commissioners of Brevard County, Florida, met in Regular Session on July 24, 1997, at 5:40 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Randy O'Brien, Commissioners Truman Scarborough, Nancy Higgs, Mark Cook and Helen Voltz, Community Development Administrator Peggy Busacca, and Assistant County Attorneys Shannon Wilson and Eden Bentley.

Chairman Randy O'Brien led the assembly in the Pledge of Allegiance.

DISCUSSION, RE: NAMING OF ROAD

Commissioner Cook advised that Address Assignment has contacted his office regarding a road in District 4 that needs to be named. He inquired if the County Manager would look into the possibility of naming it after Pat McKee, who was a code enforcement officer who recently passed away. He stated if there was no objection, perhaps the County Manager could look into it and see if it was possible to do that.

DISCUSSION, RE: TEMPORARY LIVING CENTER

Assistant County Attorney Shannon Wilson inquired if the Board would like a short explanation of the purpose of this hearing; with Chairman O'Brien responding yes. He inquired if there is any legal advice Ms. Wilson would like to give the Board; with Ms. Wilson responding yes. She advised the Board of County Commissioners executed a Contract with the Temporary Living Center on April 16, 1996; it was a grant agreement for emergency shelter grant funds; and the total amount of the grant funds was divided into several different quarters. She stated Attachment C to the Agreement sets out the amount of the grant funds that were supposed to be expended in several quarters; they were to be expended in the amount of $28,850 in the first quarter of May 16, 1996 to July 16, 1996; and in the second quarter, August 16, 1996 to October 16, 1996, they were to expend an additional $34,850, for a total expenditure by October 16, 1996 of $63,700. She advised as of October 16, 1996 the Temporary Living Center had only expended $5,292.

Ms. Wilson stated paragraph 3-A of the Agreement, requires that the Agency shall operate and maintain a shelter for the homeless for not less than a period of three years; that is the basis for the termination; at this time, the Temporary Living Center cannot represent that it has a facility to operate for a period of three years; and it did not expend the money in a timely fashion. She advised the Board has taken action to terminate a lease agreement with TLC; this public hearing is not related to the termination of that lease agreement; and it is solely for the purpose of allowing the Temporary Living Center to have its hearing rights as provided by the Congressional Federal Regulations. She stated since this is theTemporary Living Center's opportunity, it is its burden to provide the Board any information as to why it feels the Board should not terminate the emergency shelter grant agreement.

Billie Jo Owens, Attorney representing Temporary Living Center and the handicapped residents of the Broken Glass facility in southern Brevard County, advised she represents them on the revocation of the emergency shelter grant and in the federal lawsuit that was filed several months ago in the Orlando Courthouse. She stated the Board should consider that the infirmities which attack its decision to close down the Broken Glass facility are the same infirmities which attack the staff's suggestion that the emergency shelter grant be terminated. She stated one of the reasons alleged to support the termination of the grant is the three-year matter; that was a late comer as for rationale to support the revocation of the grant; the first reason was because Broken Glass was engaged in violation of a County Ordinance; the second reason was the three-year matter; and the third reason was the failure to meet certain financial monetary milestones. She stated she would like to take them in reverse order. She stated the most recent reason that was given was the milestones; failure to meet those kinds of milestones are not a material breech of a grant; and if the Board were to consider it so, it would be treating the Temporary Living Center and the handicapped residents of Broken Glass differently from the way it treats other constituents in Brevard County. She stated the second reason is the three-year matter; the grant was awarded in April of 1996; the court case that will determine whether Broken Glass will be able to keep its doors open in Brevard County is scheduled for trial in January of 1999; and by doing the math, they are up against the three-year period. She urged the Board not to vote in favor of that suggestion. She stated as to the suggestion of staff that there was violation of the County Ordinance, she would like to give a brief background; staff came to the conclusion that assigned residents were the only kind of people who would be residents in treatment and recovery center; if assigned residents were the only persons who could be in Broken Glass, they would be the only residents that could be in any treatment recovery center in Brevard County; they would not have any persons who had the frailty of being involved in the criminal justice system in the treatment and recovery centers in Brevard County; and that could not be the intent of the Board or the land development regulations. She stated if a person has a substance abuse problem, it is very likely he has been involved in the criminal justice system; and urged staff to take another look at that onerous obligation that is being placed on Broken Glass to have only those persons with a clean record allowed to receive treatment. She stated it would be a grave decision for the Board to geometrically enhance the problems that the County has with infirmities attendant to the decision to close the doors of Broken Glass, which resulted in a federal lawsuit, with revocation of the emergency shelter grant.

Chairman O'Brien inquired if Ms. Owens was speaking of Broken Glass or Temporary Living Center; with Ms. Owens responding she uses the term Broken Glass because that is what it has been known as for 25 years and is the local name for the Temporary Living Center facility in Valkaria. Chairman O'Brien inquired if there was a sign outside of the center that said that; with Ms. Owens responding she did not see a sign. Chairman O'Brien advised Broken Glass was known for alcoholic rehabilitation and was based upon that; and the clients who went there checked themselves in. He stated to intertwine the name Broken Glass with the Temporary Living Center is not the same thing; as the Temporary Living Center has been occupied 100% by convicted felons doing drug rehabilitation.

Ms. Wilson inquired if Ms. Owens intends to present any witnesses or additional evidence; with Ms. Owens responding no, she only makes legal argument.

Ms. Wilson stated paragraph 3A of the emergency shelter grant Agreement provides that they must maintain a shelter for a period of not less than three years. She advised Ms. Owens is aware the Board has taken action, at the request of Housing and Urban Development, to extend the prior termination of the Lease with Temporary Living Center; earlier in July the Board agreed to extend the termination date until the end of July, 1997; and at that date, the County intends to commence with eviction proceedings. She inquired if Ms. Owens was aware of that; with Ms. Owens responding she suspected as much. Ms. Wilson inquired if the eviction proceeding went through, would the Temporary Living Center be able to maintain a facility for three more years; with Ms. Owens responding it would apply to the federal court for relief where it would properly be lodged. Ms. Wilson inquired if they made any other efforts to locate a facility besides the current location of the Temporary Living Center; with Ms. Owens responding substantial efforts had been made; and if the Board is interested in pursuing that matter, she would ask to present factual testimony on that issue. Ms. Wilson advised the Board needs to know what efforts have been made to locate a new address. Ms. Owens stated she would be very happy to address any issue the Board would like to hear, because of how the two matters are being intertwined; however, it is not relevant to this issue. Ms. Wilson stated it is relevant to the issue, since if the Temporary Living Center is able to provide a facility for three years, it may bear on the Board's decision whether to go through with the termination of the grant agreement; so, if Ms. Owens is able to show the Board it has a facility, the Board would take it into consideration. Ms. Owens stated the question was whether they had been making inquiries into the community for relocation, not whether they had established a new facility. Ms. Wilson stated the Board is very interested in hearing that information, and she should proceed with presenting it. Ms. Owens stated Kathleen Turner is here and can detail those efforts if the Board cares to take the time to hear it. Ms. Wilson advised the Board should hear it.

Ms. Wilson inquired if Ms. Owens agreed with her prior characterization of the amounts of money that were expended, and as of October 16, 1996 the Center had only expended $5,292; with Ms. Owens responding those figures did sound familiar and she would not dispute them. She stated if they were going to pursue it, she would have to look at the cause behind it rather than just accept the fact there are material violations. Ms. Wilson advised it is their opportunity to present anything they have on that issue; with Ms. Owens responding they made the decision to make legal arguments, and have the evidence here tonight; and if the Board wants to go in that direction, that would be fine. Ms. Wilson advised it was up to Ms. Owens to present her case, and is her opportunity to submit anything she wishes to the Board.

Kathy Turner stated the question was what was the efforts made to look for other property; since November, 1996, the Temporary Living Center hired a broker who has been scouring Brevard County for property. Ms. Wilson inquired who is the broker; with Ms. Turner responding Al Clark who wrote the letter for her that described all of the efforts he has made. She stated they have some restrictive requirements, such as how close the clients are to a roadway, where they can get transportation to work, etc. She advised they have looked for property in Palm Bay and it was too expensive; the staff from the County sent them a letter a few weeks ago describing some property at Williams Point in Titusville, and they looked at that property immediately; however, it abuts Canaveral Groves, so she thought it would not be a good idea because the Sharpes property they looked at was denied earlier in September, and was several thousand yards away from Canaveral Groves. Ms. Turner advised they have looked at property off of State Road 46 close to Sanford; they found some property the County owned in the Industrial Park in Titusville, but could not afford it; and they have funds to build a building or buy the property, but not both. She stated the price was $300,000; and she cannot buy $300,000 worth of property and then build buildings. She stated TLC immediately started looking for property in September when they knew there was going to be a problem; and everywhere they looked, the minute any discussion of the Temporary Living Center moving in came into play, they start getting discussions about zoning and all those type of things.

Ms. Wilson inquired if Temporary Living Center has applied to any City or County zoning department for rezoning or conditional use permit, or anything they may need; with Ms. Turner responding no they have not. Ms. Wilson inquired if Ms. Turner was saying she could not find it, or could not find something that was affordable; with Ms. Turner responding she is saying both. She stated she had not applied for any permitting, but some of the prices are out of touch for the Temporary Living Center. Ms. Wilson inquired how much property do they require; with Ms. Turner responding they have ten acres now and would need a reasonable accommodation; but they would like to have the same amount of property as they have now. Ms. Wilson inquired why they felt they need ten acres for the facility; with Ms. Turner responding the housing is spread out over several acres, maybe three acres; the front end of the property has a baseball diamond and basketball court; and they try to provide their clients with reasonable recreational activities. She stated they could probably make due with five acres, but wants to make sure the clients have some recreational outlets. Ms. Wilson inquired the properties the Temporary Living Center have looked at and cannot afford, are they ten acres or smaller parcels; with Ms. Turner responding the Williams Point property is a smaller parcel; and they were not excluding anything.

Ms. Wilson stated she mentioned earlier regarding monies that have been approved for reimbursement for the emergency shelter grant; and inquired if Ms. Turner thought she was mistaken that as of October 16, 1996 Temporary Living Center only spent $5,292; with Ms. Turner responding that figure is correct. Ms. Wilson inquired if she would agree that by the end of October 16, 1996 they should have expended a total of $63,700; with Ms. Turner responding she agrees that is what the agreement says, but they were told not to spend the money after a certain period of time because of the controversy with the lease. Ms. Wilson stated that occurred sometime after the October 16, 1996 date. Ms. Turner advised officially by letter and unofficially verbally she would say mid-September, 1996. Ms. Wilson inquired if the Human Services Department worked with Ms. Turner in trying to find ways in which the shelter grants could be expended up until the date they notified her they were considering terminating the grant; with Ms. Turner responding the Human Services Department was most helpful; they notified her not to expend the funds in early October; and she was notified by Joan Madden much earlier, that due to the controversy, it would not be wise to spend the funds. She stated the first meeting she had with the homeowners association was in August, 1996; they had some discussion about whether it would be a wise move to spend the money; and she personally made the decision at that point to stop until they had the controversy resolved. She stated she did not think it would be in good faith for their agency to continue expending money knowing they were looking at loosing their lease within a period of thirty days. Ms. Wilson inquired if Ms. Turner made the decision; with Ms. Turner responding she and Joan Madden discussed it and mutually agreed.

Ms. Wilson stated under the contract terms, from May 16, 1996 to July 16, 1996, the Temporary Living Center was suppose to spend $28,850, which would have been well before some of the discussions she had spoken about had occurred; but under that quarter they did not come close to expending those funds. Ms. Wilson inquired why that was; with Ms. Owens responding there was cooperation between the Temporary Living Center and the County staff, but it was the beginning of the grant period and there were some administrative problems. She stated although the County is focusing on this particular grant at the moment, if the County were to make a decision based on the procedure that was followed, it would be treating this grant differently from the way it treats other grants. She advised this is not unusual; and it is not a violation that cannot be waived by the County. Ms. Wilson advised that did not address the issues that they are dealing with; this whole process regarding the grant began in 1995; Temporary Living Center got a significant share of the grant money; and inquired if that was correct; with Ms. Turner responding approximately 50%.

Ms. Wilson inquired when the Temporary Living Center was notified it would receive the grant monies; with Ms. Turner responding she is not sure, but it was a lengthy period of time between when they were notified of the award and actually received the contract. She stated it was under their policy under the HRS Contract to receive three estimates for each and everything that they do in excess of $250; many estimates were invalid several months down the road; and several of the people they requested estimates from were out of business. She stated once they were awarded the contract they thought they could immediately start spending the money because they had already received estimates; then they found out people were out of business and costs were up; and they had to request permission to expend more money than they thought they would spend. Ms. Wilson inquired if there were any administrative difficulties that were caused by Brevard County that prevented them from beginning to do the work that would allow them to get reimbursed for the money; with Ms. Turner responding she did not bring that information with her. Ms. Wilson inquired if on July 31, 1997, they will not have another facility to go to; with Ms. Turner responding she does not know what will happen between now and July 31, 1997, but today they do not.

Commissioner Higgs inquired if Broken Glass, a non-profit group operated facility on Steel Street in Valkaria, and TLC acquired the ability to operate at that location through a merger of Broken Glass with TLC; with Ms. Turner responding that is correct. Commissioner Higgs inquired when did that occur; with Ms. Turner responding 1994. Commissioner Higgs inquired who owns the property on which TLC operates today; with Ms. Turner responding Brevard County. Commissioner Higgs inquired how much TLC paid for the lease; with Ms. Turner responding $1 a year. Commissioner Higgs inquired if they are representing to the Board they cannot make any assurance that they will be able to abide by the terms of the contract which assure the Board that TLC will operate the shelter facilities for the next three years; with Ms. Owens responding TLC has a contract with DISCUSSION, RE: TEMPORARY LIVING CENTER (CONTINUED)

Brevard County that permits it to locate on that facility until September, 1998; and that contract is currently in litigation in federal court. Commissioner Higgs inquired if that is a yes or a no; with Ms. Owens responding she stands by her answer.

Ms. Wilson stated the Board issued a termination notice to the Temporary Living Center with respect to that lease; the Department of Housing and Urban Development requested the County extend that termination date; and the County did extend the termination date to July 31, 1997. She stated Ms. Owens has filed a lawsuit, which is in part based on that lease, but the County has moved to terminate it; and there is nothing that prohibits the County from carrying through with eviction proceedings based on that termination date. Ms. Owens stated in fairness to both sides the federal court will have the last word on when or if the lease will be terminated. She stated they just discovered that a ten-year contract was executed by Brevard County for lease of that facility in 1990, which would expire in the year 1999. Ms. Wilson inquired what lease was Ms. Owens speaking of; with Ms. Owens responding a recently discovered lease. She stated she is just bringing it to the Board's attention and is sure it is in the files of Brevard County. She stated they found it going through their dusty documents. Commissioner Higgs inquired who the lease with; with Ms. Owens responding Broken Glass. Ms. Wilson stated a new agreement was executed subsequent to that agreement. Ms. Owens advised she knew there was a legal argument to be made, but just wanted to bring it to the Board's attention. Ms. Wilson inquired if Ms. Owens brought a copy of that lease with her; with Ms. Owens responding no, but out of courtesy to her would accept her representation as correct. Ms. Wilson advised that should be part of the record; with Ms. Owens responding she just made it part of the record. Ms. Wilson inquired if Ms. Turner has seen that lease; with Ms. Turner responding no. Ms. Wilson inquired whose records was she going through when she found the lease; with Ms. Owens responding she will be happy to comment on questions that have to do with the matter at hand; the questions may better be approached through the federal rules of procedure; she would talk with Ms. Wilson informally, but it is not an appropriate forum at this time. Ms. Wilson advised the Board has several choices in terms of making a decision; it can move to uphold its prior termination of the emergency shelter grant agreement; it can continue this matter to provide staff opportunity to provide additional information it wishes; or it can allow Temporary Living Center to continue to use the emergency shelter grant agreement funds. She stated that is the decision to be made tonight. She stated Temporary Living Center has had an opportunity that satisfies congressional federal regulations that govern its opportunity to speak to the issue of the termination of the grant agreement; it is a different issue from the termination of the lease agreement; they are tied together simply because it requires them to stay in place for three years; but the County has moved to terminate that lease. She stated what Ms. Owens raised about the secondary lease, is something the Board may wish to look into.

Commissioner Cook inquired if the County Attorney's Office has a recommendation; with Ms. Wilson responding they have the opportunity to see if there are any other prior lease agreements and what affect that might have. She stated the County executed a subsequent agreement, which may supersede that other one; and if the Board wants to hold off on that, they can have that assurance, talk with staff, see if they have a copy, and reschedule this for an upcoming agenda. Commissioner Cook stated he had never heard about it before, and it merits seeing what kind of agreement was in place; and it may be superseded because the County executed an agreement subsequent to that. Commissioner Scarborough stated he finds it unusual for a prior lease agreement to be incorporated in a subsequent agreement; and unless the subsequent agreement references the prior agreement, there is going to be real problems with the prior agreement having any validity.

Commissioner Higgs inquired if the lease with Temporary Living Center to operate on the County's property required the Board to approve any improvements they wanted to make on the property; with Ms. Wilson responding Temporary Living Center is located in the unincorporated area of the County, so any improvements would have to go through the County Building Division to get the appropriate building permits; and she believes the County has to approve any improvements. Commissioner Higgs inquired if the lease would have been with Broken Glass; with Ms. Wilson responding yes. Commissioner Higgs advised since the legal corporate entity with whom the County is leasing changed from Broken Glass to Temporary Living Center, the lease changed as a result of that. She inquired how a past lease with some other corporate entity could be incorporated; with Ms. Wilson responding that is the important question; and she does not think it is the same entity.

Ms. Wilson stated regarding the lease agreement of October 25, 1995 with Temporary Living Center, requires improvements to be approved by the County Manager or his designee prior to the construction of improvements; and she does not see any reference to the prior agreement with Broken Glass. She stated this lease specifically states Temporary Living Center and does not refer to Broken Glass at all.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to continue discussion on Temporary Living Center until July 29, 1997 regular meeting. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF JUNE 2, 1997, ITEMS 2, 3 AND 14

Chairman O'Brien called for the public hearing to consider the Planning and Zoning (P&Z) Board recommendations of June 2, 1997, as follows:

Item 2. Forest and Sylvia O. Cobb Trust's request for an Expansion of the Mixed-Use District and a change of classification from AU to BU-2 on 3.4 acres located on the north side of U.S. #192, approximately 3/4 mile west of Wickham Road, which was denied by the P&Z Board.

Jeff Cobb, representing Forest Cobb, felt they first applied for all BU-2 on the subject property, but after meeting with Rick Enos they felt it would be better to ask for split zoning of 200 feet BU-1 and 250 feet for BU-2 off U.S. 192. He stated it would give them more leeway for use of the property.

Commissioner Voltz inquired what is the depth of the property; with Mr. Cobb responding approximately 1,100 feet. Commissioner Voltz inquired what is the back portion of the property being used for; with Jeff Cobb responding they have not made any plans to do anything with the back portion. Commissioner Voltz stated the building is 150 feet in depth. Mr. Cobb stated they would like to have about 200 feet past the building as BU-2 and keep the front half as BU-1 on U.S. 192. Commissioner Voltz inquired if they want BU-2 in the middle of a BU-1 and AU; with Mr. Cobb responding BU-1 into a BU-2, and the rest as AU.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve 150-foot Mixed Use District Expansion, and approve BU-1 on the front 150 feet, and BU-2 on the remainder of the request. Motion carried and ordered unanimously.

Item 3. Cecil J. Anastasio, Sandra L. Anastasio, Betty J. Anastasio Trust, Cecil Anastasio Trustee, Vicky Curry a/k/a Vickie G. Curry, Walter Platt, John S. Platt c/o Attorney Patric F. Henly, and Cecil R. Platt a/k/a Richard A. Platt's request for a change of classification from TU-2 and AU to all AU with a CUP for Athletic Complexes and Stadium on 5.17 acres located west of Dike Road, east of I-95, and approximately 400 ft. north of U.S. #192, as approved by the P&Z Board.

Tino Gonzalez, Attorney, representing the applicants, including Joseph Pritchard and Robert Losey, prospective purchasers of the property, stated it is a 5.17-acre parcel of which 1.17 acres are TU-2. He requested the Board downzone the 1.17 acres from TU-2 to AU, which it was originally, and approve a Conditional Use Permit on all of the 5.17 acres for an outdoor sports arena. He stated Mobile Gas Station, Holiday Inn, Speedway, and the County Line Saloon do not have a problem with what they are trying to do; the property is on the corner of U.S. 192 and I-95 behind the County Line; and the purchasing of the property from the Platt family is contingent upon what the Board does. He stated they would like an outdoor sports arena which would promote rodeo and 4-H activities; there is not a facility like that in the private sector in Brevard County; this zoning request complies with the Comprehensive Plan; and the Planning & Zoning Board approved it unanimously.

Commissioner Cook advised Mr. Romandetti called his office on July 22, 1997, but he did not return the call. He stated Mr. Romandetti left a message stating there is a hearing for zoning tomorrow night which was tabled from last week; and he will loose $10,000 if it is tabled again. Commissioner Cook stated since it is a zoning item, he disclosed that information.

Commissioner Higgs advised Mr. Romandetti called her office and expressed interest in the item and wanted consideration for it tonight. She stated she did not have any conversation with him.

Chris Romandetti, stated he called Commissioner Voltz's office, and her staff related a phone message to him stating that Commissioner Voltz's concerns were activity time of the events and the direction of the sound speakers. He stated as to the message to Commissioner Cook's office, all he was trying to do was to be more prepared than at the last meeting because some of the generic questions as to who was going to do the road improvements were already answered. He stated he wanted to have all the questions so they could do their homework and be able to respond. He stated they have changed the configuration to lessen the impact of all noise from Dykes Road towards I-95 instead of towards any potential neighbors.

Larry McGuire, stated he would like to clarify something that was said at the last meeting that he was not speaking in good faith. He stated he would like to read a statement from Joey Pritchard; and he also had a statement from the immediate adjacent property owner. He stated he was glad to see the site plan, and had been asking to see it for about a month; however, he is still opposed to the project.

Mr. Romandetti stated the property was listed for sale, and Mr. McGuire was the real estate agent; and if it had gone his way, he would have earned a commission when he sold it. He stated when Mr. McGuire could not sell the property, the Platt's took his name off and switched to a different broker; he believes there is some animosity; and they made a lot of effort, after the last meeting, to go to all the surrounding active property owners in the area.

Commissioner Voltz stated she received a letter from Joan Crutcher in West Melbourne; and originally Ms. Crutcher had a problem with it, but went out to look at it, and realized how far away it is from any housing development. She stated Ms. Crutcher had a question about the increase of traffic because of the arena, but she feels the traffic will not change. She stated Ms. Crutcher was interested in knowing if there would be any motor cross, monster truck, and tractor pulls out there; with Mr. Romandetti responding there will not be any motor cross, and the arena will not be big enough for monster trucks. Commissioner Voltz inquired how large is the arena going to be; with Mr. Romandetti responding they have not gone in depth to figure all the details, but they will build it to the County's Code; and it says they can park 300 cars and allow 600 people, that is what it will be. He stated it would be open seating with bleachers and the noise directed towards I-95.

Commissioner Voltz stated they should close at 11:00 because of the noise to the neighbors. Mr. Romandetti stated they could agree to midnight and if it is a nuisance, they will volunteer to 11:00. He stated they feel the events will end about 10:30 to 11:00, but there could be a delay due to weather conditions. Commissioner Voltz inquired how often is the arena going to be open; with Mr. Romandetti responding one night a week. Commissioner Voltz stated she would still like to set the time at 11:00. Assistant County Attorney Eden Bentley stated the problem is the criteria; and they would have to develop something to make a clear cut decision. Commissioner Voltz inquired when would they have a problem starting on time; with Mr. Romandetti responding they have never done this before and do not know how it is going to work yet.

Commissioner Higgs inquired if Mr. Romandetti said it would regularly end at 10:30, then in the situation where the weather delayed it, would it allow the flexibility for Code Enforcement to deal with that issue. She inquired if the condition of the CUP could agree to that and the terminology was regularly end at 10:30, would that cover it; with Ms. Bentley responding regularly could mean most of the time or part of the time. Ms. Bentley stated she would rather see a specific time for each event to end for enforcement purposes. Commissioner Voltz inquired if it is 11:00, and goes to 11:30 but no one complains, nothing will happen; with Ms. Bentley responding it could be complaint based.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve Item 3, as recommended by the P&Z Board, with stipulation that amplified sound be toward I-95 and closing of activities at 11:00 p.m. Motion carried and ordered unanimously.

Item 14. Anderson Rentals, Inc.'s request for a change of classification from AU to BU-2 on 2.57 acres located on the west side of U.S. #1 approximately 500 feet south of Smyth Drive, which was approved by the P&Z Board.

Commissioner Scarborough stated they had met on the site with Mr. Anderson and several of his neighbors; and they came to agreement quite readily.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item 14 as recommended by the P&Z Board, with change from AU to BU-2 and a Binding Development Plan. Motion carried and ordered unanimously.

The meeting recessed at 7:08 p.m, and reconvened at 7:26 p.m.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF JULY 7, 1997

Chairman O'Brien called for the public hearing to consider the Planning and Zoning (P&Z) Board recommendations of July 7, 1997 as follows:

Item 1. Charles Summey's requests for a change of classification from RRMH-1 and BU-1 to all BU-1 on 1 acre located on the southwest corner of Kings Highway and Grissom Parkway, which was approved by the P&Z Board.

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

Item 2. Sydney R. Gregory, Trustee's requests for a change of classification from GU to ARR on 1/3 acre located on the east side of Satellite Blvd. approximately 380 feet north of Dean Avenue, which was approved by the P&Z Board.

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

Item 3. 4 G-s of Brevard County, Inc.'s requests for change of classification from GU to ARR on 1 acre located on the north side of Harley Avenue, approximately 0.27 miles east of Satellite Boulevard, which was approved by the P&Z Board.

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

Item 4. Barbara Baptist and Sandra Charland's request for change of classification from RU-2-10 and BU-1-A to AU on 17 acres located on the northeast corner of Parrish Road and Holder Road, which was approved by the P&Z Board.

Commissioner Scarborough stated he received a letter from the broker/owner, Pat Conner, requesting that the portion currently BU-1-A be withdrawn.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 4 classification from RU-2-10 to AU, excluding the BU-1-A portion. Motion carried and ordered unanimously.

Item 5. Margaret F. Blankenship's requests for a CUP for a Church in an RU-1-11 zoning classification on 12.72? acres located on the southeast corner of Jay Jay Road and Old Dixie Highway, which was approved by the P&Z Board.

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

Item 6. James A. Riley's requests for a change of classification from GU to ARR on 1.01 acres located on the south side of Terri Lee Avenue, approximately 0.31 mile west of Satellite Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 6 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 7. James G. Sr. and Sonia M. Darville's requests for a change of classification from AU to ARR on 2.2 acres located on the east side of Jimbo Place, approximately 145 feet south of Dean Avenue, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 7 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 8. Carlos L. and Sandra J. Springfield's request for a change of classification from AU to RR-1 on 6.3 acres located on the north side of Grant Line Road, approximately 800 feet east of U.S. #1, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 8 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 9. Ralph Zens' request for a change of classification from GU to ARR on 1.15 acres located on the north side of Eureka Avenue, approximately 0.38 mile west of Satellite Boulevard, which was approved by the P&Z Board.

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

Item 10. Charles F. Rand, II's request for a change of classification from GU to ARR on 1.26 acres located on the north side of Suntee Avenue, approximately 300 feet east of Satellite Boulevard, which was approved by the P&Z Board.

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

Item 11. Heide Silbernagl's request for a change of classification from RRMH-1 to ARR on 1.16 acres located on the north side of Breckinridge Avenue, approximately 500 feet west of Satellite Boulevard, which was approved by the P&Z Board.

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

Item 12. James R. Thomas and Robert A. Wisenbaker's request for a change of classification from RRMH-1 to ARR on 1.03 acres located on the southwest corner of Outback Road and Satellite Boulevard, which was approved by the P&Z Board.

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

Item 13. Gary M. and Shirley C. Hendren's request for a change of classification from RRMH-1 to ARR on 1 acre located on the south side of Outback Road, approximately 0.32 mile west of Satellite Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 13 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 14. Juliette Butterworth's request for a change of classification from GU to ARR on 3.78 acres located on the north side of Eureka Avenue, approximately 450 feet west of Satellite Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 14 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 15. Desria Washburn's request for a change of classification from GU to ARR on 1 acre located on the south side of Outback Road, approximately 0.27 mile west of Satellite Boulevard, which was approved by the P&Z Board.

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

Item 16. Joseph S. Yasecko's request for a change of classification from GU to ARR on 1 acre located on the north side of Missile Avenue, approximately 0.39 mile east of Satellite Boulevard, which was approved by the P&Z Board.

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

Item 17. Raymond E. Deer's request for a change of classification from GU to ARR on 1.03 acres located on the east side of Moonlight Drive, approximately 300 feet north of Soggy Bottom Avenue, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 17 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Commissioner Higgs stated all she is concerned about are the parcels around Satellite Boulevard that are ARR because the overall development and interest in that area has no infrastructure; and she is ready to discuss a possible solution.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct staff to give the Board a report on some of the problems that may be emerging around Satellite Boulevard, and solutions. Motion carried and ordered unanimously.

Item 18. Donald J. And Sandra W. Handfield's request for a change of classification from BU-1 to BU-2 on 3.35 acres located on the west side of U.S. 1, approximately 0.22 mile north of Latimer Street, which was approved by the P&Z Board.

Commissioner Scarborough stated he is concerned with possible incompatibility with the Future Land Use Plan. He advised Mr. Enos told him that Mr. Handfield needs to have mulch out front, but that can be handled without any problems. He inquired if Mr. Handfield would mind tabling until next month, so they could meet with Mr. Enos; with Mr. Handfield responding that is fine.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to table Item 18 to the August 21, 1997 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Commissioner Voltz stated August 21, 1997 is when she and Commissioner Higgs were going to Tallahassee for the Aquaculture issue. Commissioner Cook inquired if they would be there August 21 and 28, 1997; with Commissioner Higgs responding the meeting on August 21, 1997 is with the Cabinet Aides, and she is doing research to see when it is appropriate and best for her to be there.

She stated she should be able to get back for the zoning meeting. Commissioner Voltz stated she did not think they would get back until 7:05 p.m. if they fly. Commissioner Scarborough advised it is worth discussing because notices go out to adjacent property owners, but there is a problem with two Commissioners coming in late. Ms. Bentley advised there would be a quorum; with Commissioner Scarborough responding it is unfair.

Chairman O'Brien passed the gavel to Vice-Chairman Voltz.

Item 19. David M. And Wendy J. Arteaga's request for a CUP for a change of non-conforming agricultural use type I: bee keeping and raising and grazing of animals in an SEU zoning classification on 11.82 acres located west of State Road #3, approximately 3.2 miles north of Pineda Causeway, which was approved, limited to two cows located 235 feet from north property line. Applicant withdrew request for bee keeping.

Wendy Arteaga, advised they are applying for a permit for two cows that were purchased in June, bottle fed, and raised as pets on their property, as they did not realize there was a special permit for that. She stated they have 10.8 acres and a CUP for horses, and did not consider the cows as being different. She stated a new neighbor in Egrets Cove noticed the cows, and questioned it; and it was brought to their attention at that time that they had to apply for a special permit for the cows. She stated it is not their intention to operate a farm; and neighbors were contacted who border their property to see if they had any concerns before they actually submitted their $450 application fee. She stated at that time they were only aware of one person with concerns; due to the concerns, they offered to move the cows to the southern portion of the property which would take them about 235 feet away from the closest border.

Gary Herbeck, advised his property abuts the subject property; and he is concerned with the potential loss of value of the property and homes located in Egrets Cove. He stated the presence of farm animals will likely decrease the value of the homes, as well as reduce the pool of potential buyers available on the market, and the County tax base. He stated the Arteagas first zoning change was to keep horses for their own personal use, but they also boarded a horse owned by a neighbor. Mr. Herbeck stated another question is runoff of farm animal fecal matter to the lagoon system; and inquired how the water quality would be monitored and protected. He stated the Arteagas maintain that their fences are adequate; they have already experienced a cow breakout, which resulted in not only cows standing in his front yard, but the extra expense to taxpayers for County deputies called to help, and if another power outage occurs at the Arteagas, knocking out their electrical fences, a car speeding down the narrow road may have a close encounter of the fatal kind with a side of beef. He stated the Arteagas long-term plans with the property is another concern; he contacted Mr. Myers in the P&Z Department to clarify what the perimeters were for the variance requested; it would allow any kind of grazing animal, including horses, chickens, cows, ostriches, llamas, goats, and sheep, and limits were established as to numbers of grazing animals that would be allowed on the property. He stated Mrs. Arteaga went to several neighbors and assured them that they would have no more animals than they already have; their intentions are to come in the back door, slowly chipping away at the SEU zoning assignment by adding animals a few at a time; and this is a form of negative reinforcement that encourages them to break the zoning laws with the anticipated reward of an approved variance at the end. He stated the Comprehensive Plan is something the County worked long and hard to implement with the specific goal of maintaining the quality of lives of its citizens for generations to come. He stated Mr. Arteaga obviously believes the original zoning was incorrect, and the County zoning agent did not do his job properly; the strong opposition of affected taxpayers and homeowners was insufficient to convince the Planning & Zoning Board that reconsideration of the zoning variance is warranted; variances are granted only when it is established that a true hardship existed; no hardship is involved in this situation. He stated if the Board approves the variance today, it would remove a hardship from the Arteagas, and place it on neighbors; and urged the Board to reject the zoning variance.

Florence Staton, stated she and her husband purchased the property to the south of the Arteagas about 30 years ago, hoping to retire there; her husband died several years ago; and she has the property on the market. She stated she has not been able to sell the property; several people who came to see it remarked on the cows, smell, and flies; she does not object to cows in their own place, but they are not appropriate on that property.

Ron McDevitt, stated he is opposed to the zoning change; his house is directly north of the property; his property line abuts the Arteagas property; he purchased the home in November after looking for a good location that was quiet and peaceful; and he never dreamed he would be living next to a farm. He stated Ms. Arteaga called him and said she would just have two cows on the southern side of the property; he later received a notice in the mail that she had applied for the zoning change for grazing of animals and bee keeping, etc.; and that would mean unlimited use, which could be 100 cows, sheep, oxen, lambs, goats, roosters, etc. He stated he does not want to live next to a farm because farm animals make noise and smell; it is unusual in Merritt Island to have farm animals next to a subdivision; and Ms. Arteaga wants two cows, but this zoning request is for unlimited amount of grazing animals. He stated the property could be sold and the next owner could put 100 head of cattle out there; as far as pets, he has never seen any children playing with cows; and requested the Board consider the negative impact this would have.

Chairman O'Brien advised it is limited to two cows; and would be 235 feet from the north property line. Mr. McDevitt inquired how that would be controlled; with Chairman O'Brien responding it is a binding CUP that says there can only be two cows; and if problems start to happen there is legal recourse to revoke the CUP.

Robert Similo, advised he has an acre and one half of property that borders the Arteagas on two sides; he has heard property values decreasing; but the Arteagas have improved that property by clearing it, constructing fences, building roads, and putting in citrus trees. He stated he does not see where the property value is going to decrease; he does not smell any cows; and he is in favor of the zoning.

Wendy Arteaga stated she is only asking for the two cows and agrees to voluntarily keep them on the southern portion of the property; and it would be difficult for anyone to see the cows because there is an oak hammock and two ponds. She stated with the mango trees and avocados, in a few years it will be impossible for anyone to see the cows. She stated they had fencing outbreak before, but put in wood fencing since then; and it was not an electrical outage as limbs from trees fell on the lines. She stated as far as fecal matter, they have ponds on the property and the drainage is such that everything goes to the middle of the property. She stated as far as property value, she asked a friend with the Property Appraiser's Office if he ever saw where this type of situation decreased property values; he did appraise the house that just sold next to them; and it was purchased for over $600,000.

Chairman O'Brien advised the property is zoned SEU which is a family residential classification; the minimum lot size is one acre; minimum lot width is 125 feet; minimum depth is 200 feet; minimum living area is 2,000 square feet; and the surrounding properties are also zoned SEU. He stated the request is to allow for two cows; it is consistent with the requirements of Section 69-1917.5 for approval; 235 feet is a strict number; there are properties in the area with horses on them; and on North Merritt Island they have cows in residential areas.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to approve Item 19, limiting use to two cows located 235 feet from the north property line, as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 20. Steven Lee Cayer's request for a change of classification from BU-1 to BU-2 on 0.787? acre located south of Francis Street, east of South Orlando Avenue, and west of North Atlantic Avenue, which was denied by the P&Z Board.

Steven Lee Cayer, advised the reason he applied for BU-2 is he was told by Zoning it is his best approach to accomplish what he needs. He advised he owns the Custom Docks Company; it has resided in the south Cocoa Beach unincorporated area for twenty-one years; Zoning and Code Enforcement said his vans do not comply with the new rules; the new rule 62-2117C1 which prohibits commercial vehicles and heavy equipment to be parked or stored in BU-1-A or BU-1 zoning classification, unless the commercial vehicles or heavy equipment is defined in Section 62-21102 as being utilized on site in conjunction with lawful or permitted activity. He stated if vehicles are not over 24 feet in length they may be parked, stored or located on any residential zoning classification; and all his vans are under 24 feet which is consistent with that rule. Mr. Cayer stated he was told it would be easier to get BU-2 with restrictions; he is not looking for an open-ended BU-2; all he wants to do is exactly what he has been doing for twenty-one years. He stated another problem is loading and unloading; they expeditiously load and unload vehicles on the roadside and in their parking lot when they sell lumber to people or load their own trucks to go to jobs; and there is a grey area there in BU-1 but it should be consistent with BU-2. He stated the amount of material he is storing outside his building may be a bundle or two of long pilings; and they are stored in the parking lot until the customer wants them delivered or picks them up, or he takes them to a job. He stated he has an in-house mechanic who does his tune-ups that are permitted in BU-1; and sometimes he does it outside the building on a concrete slab; but the vehicle is put there temporarily, gets fixed, and goes back in the field. He stated he has tractors he uses on beach projects with backhoes on them; and if they break or need an oil change, they come back to the shop, get fixed, and go back out to the field.

Commissioner O'Brien inquired what Mr. Cayer wants to accomplish tonight; with Mr. Cayer responding he wants to be able to do what he is doing now, which is parking his vans when they are not being used in his own parking lot during the day, and when he closes, the trucks are put up. Commissioner Higgs inquired if Mr. Cayer wants to store poles outside; with Mr. Cayer responding materials. Commissioner Higgs inquired where would the outside storage be; with Mr. Cayer responding in his parking area temporarily. Commissioner Cook inquired if the vehicles would be out overnight; with Mr. Cayer responding no.

Babette Anderson, stated pictures were given to the Planning & Zoning Board; they were taken on July 4th, when no one was there; all the trucks were outside; and it was not poles being stored outside; there are all kinds of junk in open bays. She stated she lives directly across the street and so do 26 of her neighbors, not including the trailer park; she wants it to continue to look like a residential area; Mr. Cayer was a good neighbor in the beginning; and she wants him to be a good neighbor again.

John Anderson, advised when Mr. Cayer moved into that building, he told him it would be like a botanical garden; and it looked good. He stated the property where business is conducted is on Frances Street, which is a very small street; if someone parks a tractor trailer on either side, a car cannot get by; and any time the trucks are loading, people cannot get by. He stated that equipment cannot be stored indoors, because he has no place to store it.

Ira Erteschik, stated Custom Docks has loaded and unloaded trucks on Francis Street for years; it is a road hazard and safety concern to everyone; there are regularly tractors and backhoes on the outside of the property; and lumber is regularly stored outside the property, not just on occasion. He stated the residents of Wave Crest Condominium feel since the Zoning Board heard arguments from both sides and voted 7-3 against the request, the recommendation should be supported by the Board.

Ken Wade and Keith S. Conaughty passed.

Mr. Cayer stated during the active storm season of 1995 things got messy; it was an extremely busy year; but it is clean now. He stated he will make sure that any bundles left outside are banded in an orderly fashion. He stated the property values have not gone down in the area; and the last two sales at Wavecrest Condominium were above market value.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to overrule the P&Z Board and approve BU-2 with specific use for all BU-1 uses, outside storage for commercial vehicles and banded materials and pilings during daylight hours only, opaque covers over bays, no storage of outside junk materials, signage for delivery trucks to allow room for passage of cars, and minor vehicle repairs only. Motion carried and ordered unanimously.

Item 21. Lonnie N. Griffis and Gladys Griffis' request for a change of classification from BU-2 to RU-1-11 on 0.47 acre located on the south side of Cone Road, approximately 0.40 mile east of Plumosa Street, which was approved by the P&Z Board.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to approve Item 21 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 22. George Kurnath and Sophie Kurnath's request for a change of classification of AU to RR-1 on 2.2 acres located on the north side of Grant Road, approximately 400 feet east of Amandas Avenue, which was approved by the P&Z Board.

Commissioner Higgs stated she has concerns about what is being proposed; and since the applicant is not present, rather than deny it, she would like to move to table until the next meeting. She stated this area was represented to the P&Z Board to be surrounded by RR-1; by looking in the zoning records, there are no RR-1 around this AU parcel; so she has concerns about consistency. She stated there are other ways to solve their problem other than going to RR-1.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to continue Item 22 to August 21, 1997 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Item 23. Steven Douglas' request for a change of classification from BU-2 to RP with a BDP on .252 acre located on the east side of U.S. 1, approximately 0.66 mile north of First Street, which was approved by the P&Z Board.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve Item 23 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 24. Grady G. And Gail Lynne Hudmon's request for a CUP for Land Alteration in a GU zoning classification on 39.2 acres, located on the south side of Micco Road, approximately 1/4 mile east of I-95, which was approved by the P&Z Board, except for the portion designated Planned Industrial.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve Item 24 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 25. Grady G. and Gail Lynne Hudmon's request for a CUP for Land Alteration in a GU zoning classification on 49.5 acres located on the south side of Micco Road, approximately 1/4 mile east of I-95, which was approved by the P&Z Board.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve Item 25 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 26. Florian Braicu's request for a change of classification from AU and RR-1 to all AU on 5.38 acres located on the north side of Hilltop Lane, lying west of Old Dixie Highway, which was approved by the P&Z Board.

Robert A. Doherty, stated they requested to down grade part of their property zoning from RR-1 to AU so they can fence in their property and their daughters can run their horses and utilize all of the property.

Shirley Leslie, advised Mr. Braicu was in the process of installing an eight-foot fence; Code Enforcement told Mr. Braicu he was in violation of County Code; so he applied for this rezoning, stating in the application that it was for keeping out trespassers. She stated her property is within 100 feet of their property, which is never cleared; there are piles of trash and yard waste throughout this property, and excessive outgrowth. She stated the fence poles are only inches from the road and will require the speed limit sign to be relocated; it will not allow for County access to clear the outgrowth; and eventually the weeds will grow and block the vision of drivers turning onto their street and endangering their children. She stated the postal worker said he would like a safe area to pull onto for mail delivery. She stated if the request is approved, it should be with a stipulation that the fence be placed further from the roadside and behind a row of trees that line the entire area. She stated it will decrease the possibility for danger and perception of encampment, and maintain some sense of residential status.

Mark Leslie, stated rezoning is to keep people out from Resurrection Ranch; and requested Commissioner Cook state for the record that they discussed the problems with Resurrection Ranch. Commissioner Cook stated it was not in relation to this item, but they have talked. Mr. Leslie stated there has been problems with trespassing on this property; there is a 6-foot concrete wall behind the house and the bushes and trees; they do not take care of the property; and if they did, they would not have people hiding in the bushes. He stated the problem is the safety issue on the corner of Hilltop Lane and Old Dixie Highway; they have always maintained that corner themselves; and if the fence is erected, he cannot get in there to take care of it. He stated with just a little growth, they could not see the children as they drive around the corner; and they do not have a problem with the Agricultural rezoning, but have a problem with the fence with the barbed wire on top of it.

Mr. Doherty stated there is no outlet to that subdivision; there are only six homes in that area; and will probably never be a traffic problem; and if horses are put on the property, it will keep the growth down.

Commissioner Cook stated he looked at the property and the fence; the barbed wire would put him out of compliance after putting the six-foot fence up; and he will have to move the fence back at least 5 to 10 feet to be off the right-of-way. Discussion ensued on the fence.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve Item 26 as recommended by the P&Z Board, including removing barbed wire at top of the fence and squaring off fence at the corner. Motion carried and ordered; Commissioner Voltz voted nay.

Commissioner Voltz inquired if Mr. Braicu had any plans to clean up the area; with Mr. Doherty responding he was sure Dr. Braicu would address that and take care of it. Commissioner Scarborough inquired if there is debris out there now; with Mr. Doherty responding he was out there today, and there was none. Commissioner Cook advised it is a Code Enforcement problem. Commissioner Scarborough stated he did not want to approve something if someone is in violation of the Code.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct Code Enforcement to investigate the property, and report back to the Board if there are any Code violations. Motion carried and ordered unanimously.

Item 27. Howard A. and Gerry L. Simmons' request for a change of classification from AU to BU-1 on .79 acre located on the west side of Wickham Road, approximately 0.19 mile north of Pineda Crossing Drive, which was approved by the P&Z Board.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to continue Item 27 to November 20, 1997 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Item 28. Robert W. Hansen's request for a change of classification from GU to BU-1 on .33 acres located on the northwest corner of Ernest Sands Road and U.S. 1, which was approved by the P&Z Board.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve Item 28 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 29. Zoning Official's Report. None.

Item 30. Gina and John Loffink's request for a CUP for Towers and Antennae in a GU zoning classification on 1.03? acres located 1/4 mile north of Date Palm Street, and 1 mile west of I-95, which was withdrawn prior to P&Z Board meeting.

Item 31. Buddie Joe Thomas' request for a CUP for Towers and Antennae in a GU zoning classification on 6.96 acres located east of Blounts Ridge Road, west of I-95, north of Aurantia Road, and bisected by April Lane, which was withdrawn prior to the P&Z Board meeting.

Item 32. Indian River Colony Club, Inc.'s request for a change of classification from PUD to PUD with Modification to PDP on 1.63? acres located on the east side of Murrell Road, opposite of Crane Creek Boulevard, which was denied by the P&Z Board.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to deny Item 32 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 33. Brevard County Board of County Commissioners, on its own motion authorized administrative rezoning with the provisions of Future Land Use Element XIII, Policy 10.2, Brevard County Comprehensive Plan, from BU-2 and AU with Binding Site Plan, Use on Review, and Conditional Use Permit for a Tower to PIP on 14+ acres, located on the east side of Simons Avenue, approximately 1/4 mile north of S. R. #3, which was approved by the P&Z Board.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve Item 33 as recommended by the P&Z Board. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF JULY 7, 1997, ADMINISTRATIVE REZONING

Item 1. Mehran and Esfandiar Ghaenizadeh, et al, Anthony G. and Marsha A. Hynes, Robert E. and Joann S. Schuett, Southern Bell Telephone & Telegraph, et al's current zoning of RU-2-4 and proposed zoning of RR-1 which was tabled to August 4, 1997; and South Shore Association, Linda M. and Anthony J. Loizzo, George D. Guy c/o Thomas Hill, and Gregory D. and Betty Iffla's current zoning of RU-2-4 and proposed zoning of RR-1 which was withdrawn by staff.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to table Item 1 to August 4, 1997 P&Z meeting as recommended. Motion carried and ordered unanimously.

Item 2. Joseph and Hanh T. Nguyen's current zoning of RU-1-13, RU-2-4, and RU-2-10 and proposed zoning of RR-1 which was tabled to August 4, 1997; and Jose Valle and Walter Hutterli, et al, Parcel 264 and Jose Valle and Walter Hutterli, et al, Parcel 252 current zoning of RU-1-13, RU-2-4, and RU-2-10 and proposed zoning of RR-1 was withdrawn by staff.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to table Item 2 to August 4, 1997 P&Z meeting as recommended. Motion carried and ordered unanimously.

Item 3. State of Florida IITF/Maintenance Camp, and United States of America's current zoning of RU-2-4 and proposed zoning of GML which was tabled to August 4, 1997 P&Z meeting.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to table Item 3 to August 4, 1997 P&Z meeting as recommended. Motion carried and ordered unanimously.

Item 4. John R. and Sharon M. Rudolph, and Margaret M. Hoffman's current zoning RU-2-4 and proposed zoning of RR-1 which was tabled to August 4, 1997 P&Z meeting.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to table Item 4 to August 4, 1997 P&Z meeting as recommended. Motion carried and ordered unanimously.

Item 5. CD/Mift Partnership's current zoning RU-1-13 and proposed zoning of RR-1 which was tabled to August 4, 1997 P&Z meeting.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to table Item 5 to August 4, 1997 P&Z meeting as recommended. Motion carried and ordered unanimously.

Item 6. Bonita Rose Delorenzo, Trustee's current zoning RU-2-4 and proposed zoning of RR-1 which was tabled to the August 4, 1997 P&Z meeting.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to table Item 6 to August 4, 1997 P&Z meeting as recommended. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING ACCESSORY STRUCTURE PROVISIONS TO PROVIDE HOUSING FOR ELDERLY FAMILY MEMBERS

Chairman O'Brien called for the public hearing to consider an Ordinance amending accessory structure provisions to provide housing for elderly family members.

Zoning Official Rick Enos advised this is an Ordinance that has been approved by the LPA and requires two public hearings because it changes the permitted uses. He stated this will be heard again on August 12, 1997 at 5:30 p.m., so the Board can discuss it tonight or move it forward to August 12, 1997.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to continue the Ordinance amending accessory structure provisions to provide housing for elderly family members to the August 12, 1997 Board of County Commissioners meeting.

Commissioner Voltz inquired why if on February 10, 1997, the LPA reviewed this ordinance and recommended approval did it take six months to get it back to the Board; with Mr. Enos responding staff proposed to the Board doing all of the ordinances in one large package, and that proposal took about three months to get to the Board. He stated it kept being put off because the Board was extremely busy during that period of time; and stated once that proposal got to the Board, the Board said it wants to continue doing the ordinances one at a time.

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

PUBLIC HEARING, RE: ORDINANCE AMENDING FENCE AND VISUAL OBSTRUCTIONS PROVISIONS

Zoning Official Rick Enos advised the ordinance amends the fence height limitations, and changes the maximum height of fences or walls between commercial and residential to 10 feet. Commissioner Cook stated he does not have a problem with 10 feet, but 12 feet bothers him; and the original proposal was to go from 8 feet to 10 feet. Commissioner Higgs inquired why did the Board talk about going to 10 feet; with Commissioner Scarborough responding there were people who wanted a larger fence; a 12-foot fence becomes a buffer for sound, dust, and debris; but until staff reviews the site plan, they do not know what is best for the neighborhood. Commissioner Higgs stated 10 feet maximum is not a bad thing to put into the Code. Commissioner Scarborough stated it may exceed 10 feet with consent of adjoining property owners. Chairman O'Brien stated he agrees to a 10-foot wall, but a 12-foot wall should require a CUP or variance.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve 10-foot height fences, with 12-foot maximum with a Binding Development Plan. Motion carried and ordered unanimously.

Mr. Enos stated paragraph D deals with the proposed amendment to the site triangle where a property owner cannot have any structures or plants over 4 feet in height; and it is largely unusable and overly restrictive to the property owner for the purpose for which it was intended. He stated in the situation where a car is going to stop at a stop sign, staff feels that leg needs to be 10 feet in length as opposed to 25 feet; and on an arterial road, staff recommends 30 feet minimum length. He stated there is a proposal to limit the height of any obstruction within the triangle to 3-1/2 feet, so it will reduce the height of obstructions by half a foot. He stated today's vehicles are much lower to the ground and cannot see over a 4-foot barrier.

Commissioner Higgs stated she has a problem with a portion of the restrictions being waived at the discretion of the Growth Management Director, as the County Manager should be responsible.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve the amendment to the site triangle on a local road changing from 25 feet to 10 feet, on an arterial road from 25 feet to 30 feet, the height of any obstruction within the triangle from 4 feet to 3-1/2 feet, and changing restrictions being waived by the Growth Management Director changed to the County Manager. Motion carried and ordered unanimously.

Upon motion and vote, the meeting adjourned at 9:54 p.m.

RANDY O'BRIEN, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

ATTEST:
SANDY CRAWFORD, CLERK
(S E A L)