The Board of County Commissioners of Brevard County, Florida, met in regular session on September 24, 1996, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Mark Cook, Commissioners Truman Scarborough, Randy O?Brien, Nancy Higgs, and Scott Ellis, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Pastor Robert G. Cox, Rockledge Presbyterian Church, Rockledge.

Commissioner Nancy Higgs led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve the minutes of May 21, 1996 Regular Meeting, July 9,1996 Special Meeting and July 9, 1996 Regular Meeting, as submitted. Motion carried and ordered unanimously.

APPROVAL, RE: MOVE AGENDA ITEMS

Chairman Cook requested Items III.A.8, III.B.7 and III.B.22 be moved to Section VII. He advised Item IV.E will be heard immediately after the 2:00 p.m. time certain.

DISCUSSION, RE: EXECUTION OF CONTRACTS BY CHAIRMAN OF THE BOARD

Chairman Cook advised of problems with recommendations of the County Attorney not being incorporated into documents by the Departments; and recommended the County Manager and County Attorney meet to address the problem.

Discussion ensued on the prerogative of the Chairman to bring documents back to the Board for clarification, inclusion of a standard paragraph in contracts providing for a period to amend the contract, and the Board?s authority to resolve differences of opinion between Departments and the County Attorney.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to clarify that the intent of the Board is for the Chairman of the Board to execute all items which have come before the Board and been approved. Motion carried and ordered unanimously.

RESOLUTION, RE: NAMING LOG CABIN LANE

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution naming Log Cabin Lane in Township 29 South, Range 37 East, Section 23. Motion carried and ordered unanimously.

RESOLUTION, RE: NAMING GOAT CREEK LANE

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution naming Goat Creek Lane in Township 29 South, Range 38 East, Section 17. Motion carried and ordered unanimously.

RESOLUTION, RE: NAMING BIRDIE EAGLE DRIVE

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution naming Birdie Eagle Drive in Township 21 South, Range 34 East, Section 24. Motion carried and ordered unanimously.

REMOVAL FROM INVENTORY, RE: COUNTY-OWNED TANGIBLE PROPERTY FROM ENVIRONMENTAL HEALTH SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve removal of one laser plan transmitter unit and tripod, PR #C155-0231, from the Environmental Health Services Property Inventory, which was reported missing. Motion carried and ordered unanimously.

INFRASTRUCTURE CONTRACT WITH FLORIDRON, LTD., RE: OCEAN GARDEN VILLAGE

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Contract with Floridron, Ltd. guaranteeing infrastructure improvements in Ocean Garden Village. Motion carried and ordered unanimously.

APPROVE SCOPE OF SERVICES, RE: S.R. 513 TRANSPORTATION ALTERNATIVES STUDY- DESOTO PARKWAY TO PINEDA CAUSEWAY

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve the scope of services for the SR 513 Transportation Alternatives Study-Desoto Parkway to Pineda Causeway, and authorize staff to make minor changes in the scope if additional comments are received or as may be necessary to meet Florida Department of Transportation procedural requirements. Motion carried and ordered unanimously.

APPROVE SCOPE OF SERVICES, RE: U.S. 1 TRANSPORTATION ALTERNATIVES STUDY- BARNES BOULEVARD TO CANAVERAL GROVES BOULEVARD

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve the scope of services for the U.S. 1 Transportation Alternatives Study-Barnes Boulevard to Canaveral Groves Boulevard, and authorize staff to make minor changes in the scope if additional comments are received or as may be necessary to meet Florida Department of Transportation procedural requirements. Motion carried and ordered unanimously.

AGREEMENTS WITH ATLANTIC TESTING LABORATORIES, INC., PROFESSIONAL SERVICE INDUSTRIES, INC., UNIVERSAL ENGINEERING & SCIENCES, AND ARDAMAN & ASSOCIATES, INC., RE: GEOTECHNICAL TESTING SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Professional Services Agreements with Atlantic Testing Laboratories, Inc., Professional Service Industries, Inc., Universal Engineering & Sciences, and Ardaman & Associates to provide geotechnical testing services; and authorize staff to issue work orders within defined parameters. Motion carried and ordered unanimously.

AGREEMENT WITH NATIONAL TECHNICAL ASSOCIATION, INC., RE: PROJECT STAR AT COCOA WEST COMMUNITY CENTER

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with Alco-Hall, Inc. to provide technical and other educational activities at Cocoa West Community Center under Project STAR, from October 1, 1996 through September 30, 1997 for $62,000. Motion carried and ordered unanimously.

AGREEMENT WITH CHILD CARE ASSOCIATION OF BREVARD COUNTY, INC., RE: CHILD DAY CARE SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with Child Care Association of Brevard County, Inc. to subsidize child day care services, from October 1, 1996 through September 30, 1997 for $46,069. Motion carried and ordered unanimously.

AGREEMENT WITH ALCO-HALL, INC., RE: OUTPATIENT ALCOHOL AND DRUG TREATMENT

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with Alco-Hall, Inc. to provide outpatient alcohol and drug treatment from October 1, 1996 through September 30, 1997 for $15,000. Motion carried and ordered unanimously.

AGREEMENT WITH FAMILY COUNSELING CENTER, INC., RE: TREATMENT OF JUVENILE SEX OFFENDERS Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with Family Counseling Center, Inc. to provide treatment for juvenile sex offenders, from October 1, 1996 through September 30, 1997 for $50,000. Motion carried and ordered; Commissioner Ellis voted nay.

AGREEMENT WITH CENTRAL BREVARD SHARING CENTER, INC., RE: SHELTER FOR THE HOMELESS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with Central Brevard Sharing Center, Inc. to provide shelter for the homeless, from October 1, 1996 through September 30, 1997 for $11,913. Motion carried and ordered unanimously.

AGREEMENT WITH CIRCLES OF CARE, RE: BAKER ACT SERVICES FOR CHILDREN AND ADULTS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute an Agreement with Circles of Care to provide Baker Act services for children and adults, from October 1, 1996 through September 30, 1997 for $960,744, including a mandated increase in preliminary proposed Baker Act budget of $46,063 and approve Budget Change Requests relating to the Agreement. Motion carried and ordered unanimously.

AGREEMENT WITH CENTRAL BREVARD SHARING CENTER, INC., RE: EMERGENCY PRESCRIPTION ASSISTANCE

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with Central Brevard Sharing Center, Inc., providing $20,000 for emergency prescription assistance, from October 1, 1996 through September 30, 1997. Motion carried and ordered unanimously.

AGREEMENT WITH THE FAMILY COUNSELING CENTER OF BREVARD, INC., RE: ?BABY THINK IT OVER? PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with Family Counseling Center of Brevard, Inc. to fund ?Baby Think It Over? Program, from October 1, 1996 through September 30, 1997 at $15,603. Motion carried and ordered unanimously.

AGREEMENT WITH ALCO-REST, INC., RE: ALCOHOL AND SUBSTANCE ABUSE RECOVERY PROGRAM FOR LOW AND MODERATE INCOME PERSONS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with Alco-Rest, Inc. to provide alcohol/substance abuse recovery program for low and moderate income persons, from October 1, 1996 through September 30, 1997, at $56,000. Motion carried and ordered unanimously.

AGREEMENT WITH BREVARD COMMUNITY COLLEGE COMMUNITY COMMONS MERRITT ISLAND PROGRAM, RE: EDUCATIONAL SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with Brevard Community College to provide educational services under the Community Commons Program, from October 1, 1996 through September 30, 1997, at $15,000. Motion carried and ordered unanimously.

AGREEMENT WITH ALZHEIMER?S ASSOCIATION, EAST CENTRAL FLORIDA CHAPTER, RE: ADULT DAY CARE AND RESPITE CARE FOR CAREGIVERS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with Alzheimer?s Association, East Central Florida Chapter, to provide adult day care and respite care for caregivers, from October 1, 1996 through September 30, 1997, at $25,000. Motion carried and ordered unanimously.

AGREEMENT WITH NORTHEAST FLORIDA LIBRARY INFORMATION NETWORK, RE: CU-SEEME VIDEOCONFERENCING PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to authorize the Library Services Director to execute Letter Agreement with Northeast Florida Library Information Network for the CU-SeeMe Videoconferencing Project. Motion carried and ordered unanimously.

BUDGET CHANGE REQUEST, RE: GRANT MATCH FOR SENATOR H. S. WILLIAMS HISTORICAL HOUSE RENOVATION PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve Budget Change Request amending the budget by $31,500 to establish grant match from General Fund Contingency 0130 for a historical grant for Senator H. S. Williams Historical House Renovation Project. Motion carried and ordered unanimously.

GRANT AGREEMENT WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, BUDGET CHANGE REQUEST, AND AUTHORIZE AGENT, RE: FY 1996-97 EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE TRUST

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with Department of Community Affairs, approve Budget Change Request, and designate Mark W. McMichael, Emergency Management Director, as the authorized agent for the FY 1996-97 Emergency Management Preparedness and Assistance Trust Grant. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND BUDGET CHANGE REQUEST, RE: FY 1996-97 RADIOLOGICAL EMERGENCY PREPAREDNESS PROGRAMS GRANT

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with Department of Community Affairs, and approve Budget Change Request for the FY 1996-97 Radiological Emergency Preparedness Grant of $22,128. Motion carried and ordered unanimously.

WAIVER OF AMBULANCE FEES, RE: FAMILY MOTOR COACH ASSOCIATION, INC. 1997 RV MOTOR COACH RALLY

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to waive the ambulance fees for the Family Motor Coach Association, Inc. to host the 1997 RV Motor Coach Rally in Titusville. Motion carried and ordered unanimously.

APPROVE ERRORS AND INSOLVENCIES, RE: EMERGENCY MEDICAL SERVICES ASSESSMENTS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve errors and insolvencies for assessment year 1989 at $15 reduction to original assessment, and assessment year 1995 at $6,745.98 addition to original assessment. Motion carried and ordered unanimously.

APPROVAL, RE: SPACE COAST AREA TRANSIT?S 1996 AMERICANS WITH DISABILITIES ACT REQUIRED PARATRANSIT IMPLEMENTATION DOCUMENT UPDATE

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve the 1996 Americans with Disabilities Act required paratransit implementation document update for SCAT. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF MELBOURNE, RE: SCAT BUS SERVICE

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with the City of Melbourne for SCAT to provide bus service within the City from October 1, 1996 through September 30, 1997 for $26,083. Motion carried and ordered unanimously.

RESOLUTION, RE: PROVIDING FOR BUS TICKET BOOKS, PUNCH CARDS, BUS PASSES, AND TRANSIT STORE

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution providing for bus ticket books, punch cards, bus passes and transit store beginning October 1, 1996. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING OPENING OF THE 1996 COUNTY EMPLOYEES UNITED WAY CAMPAIGN

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution proclaiming the opening of the 1996 Brevard County Employees United Way Campaign. Motion carried and ordered unanimously.

RESOLUTION AND JOINT PARTICIPATION AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION, RE: SCAT BLOCK GRANT FUNDS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution and execute Joint Participation Agreement (JPA) with Florida Department of Transportation (FDOT) for SCAT?s Block Grant of $1,104,125 for 1997. Motion carried and ordered unanimously.

CONTRACT WITH FLORIDA DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, RE: TRANSPORTATION SERVICES FOR THE DEVELOPMENTALLY DISABLED

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Contract with HRS for SCAT to provide service to developmentally disabled citizens from October 1, 1996 through June 30, 1997. Motion carried and ordered unanimously.

PERMISSION TO BID, RE: ALUMINUM CULVERTS WITH FLAP GATES FOR MARSH RESTORATION OF MOSQUITO CONTROL IMPOUNDMENTS UNDER THE S.W.I.M. PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to grant permission to bid 36-inch aluminum culverts with flap gates for marsh restoration of mosquito control impoundments. Motion carried and ordered unanimously.

CONTRACT WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: FY 1996-97 COOPERATIVE AQUATIC PLANT CONTROL PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Contract with Department of Environmental Protection for FY 1996-97 Cooperative Aquatic Plant Control Program grant of $42,116. Motion carried and ordered unanimously.

CONTRACT WITH GRINER?S PIPELINE SERVICES, INC., RE: REHABILITATION OF SEWERS IN DISTRICTS 2 AND 4

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Contract with Griner?s Pipeline Services, Inc. for rehabilitation of sewers in Districts 2 and 4 at $449,073.20. Motion carried and ordered unanimously.

APPROVE CRITERIA FOR SELECTION OF MEMBERS, RE: EEL PROGRAM SELECTION COMMITTEE

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve the amendment to the criteria for selection of members to the EEL Program Selection Committee to require a graduate academic degree in biological or environmental sciences or demonstrated professional expertise in a closely related conservation field, such as ecosystem management, natural resources conservation, aquatic biology, field ecology, marine biology, botany, geology, hydrology, fire ecology, natural area management, human use and recreation on natural areas, science education, or natural area sanctuary design. Motion carried and ordered unanimously.

APPROVAL, RE: AMENDMENTS TO 1996 SUPER ACT CONTRACT

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Amendments #1 and #2 to 1996 SUPER Act Contract with Department of Environmental Protection, modifying the Scope of Work to reflect the work actually completed by the County during the contract period. Motion carried and ordered unanimously.

AGREEMENT WITH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, RE: FLORIDA YARDS AND NEIGHBORHOODS PROGRAM FOR THE INDIAN RIVER LAGOON NATIONAL ESTUARY PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with the St. Johns River Water Management District for the Florida Yards and Neighborhoods Program to improve the water quality of the Indian River Lagoon with the Indian River Lagoon National Estuary Program. Motion carried and ordered unanimously.

AGREEMENT WITH STATE ATTORNEY?S OFFICE, RE: VICTIM, WITNESS, AND SEXUAL ASSAULT VICTIM?S SERVICES PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with the State Attorney?s Office for provision of victim, witness and sexual assault victim?s services programs. Motion carried and ordered unanimously.

AGREEMENTS WITH CIRCUIT CAPITAL CONFLICT ATTORNEYS, RE: REPRESENTATION OF INDIGENTS IN CONFLICT CAPITAL COURT PROCEEDINGS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreements with Kepler Funk, Keith Szachacz, James Kontos, Robert Marasco, and Michael Wilkes as Circuit Capital Conflict Attorneys to provide legal representation for indigent citizens from October 1, 1996 through September 30, 1998. Motion carried and ordered unanimously.

REAPPOINTMENTS, RE: SOUTH MAINLAND COMMUNITY CENTER CITIZEN ADVISORY COMMITTEE

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to reappoint Ronnie Beatty, Jackie Kapp, Bill Lewis, Phyllis McCullers, Jeanne Osborne, and Bill Sansbury to the South Mainland Community Center Committee. Motion carried and ordered unanimously.

REJECTION OF BIDS, BID #B-2-6-99, RE: TREATMENT AND DISPOSAL OF BIOSOLIDS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to reject all bids received for Bid #B-2-6-99, Treatment and Disposal of Biosolids, and authorize continuation of current disposal method which is more cost effective than the lowest bid. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-3-6-16 AND AGREEMENT, RE: COUNTY RADIO MAINTENANCE SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to award Proposal #P-3-6-16, County Radio Maintenance Services, to sole proposer Communications International, Inc. at $60 an hour labor rates for normal hours and $85 an hour for after hours rates and 15% replacement parts mark-up, for an estimated annual cost of $75,000; and execute Agreement with Communications International, Inc. for the services. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-3-6-25 AND AGREEMENT, RE: TOURISM PUBLIC RELATIONS SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to award Proposal #P-3-6-25, Tourism Public Relations Services to Zimmerman Agency at $93,600 annually; and authorize the Chairman to execute a Contract with Zimmerman Agency for the services. Motion carried and ordered unanimously.

ACCEPTANCE, RE: QUARTERLY BUDGET AND FINANCIAL REPORT FOR QUARTER ENDED JUNE 30, 1996

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to accept the Quarterly Budget and Financial Report for quarter ending June 30, 1996. Motion carried and ordered unanimously.

AUTHORIZE, RE: EXTENSION OF TAX ROLLS PRIOR TO CERTIFICATION BY THE VALUE ADJUSTMENT BOARD

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to authorize the extension of the 1996 Tax Roll until completion of the Value Adjustment Board hearings, pursuant to Chapter 193.323, Florida Statutes. Motion carried and ordered unanimously.

REMOVAL FROM INVENTORY, RE: COUNTY-OWNED PROPERTY REPORTED STOLEN FROM INFORMATION SYSTEMS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to authorize removal of Central Processing Unit Model P5166, Serial #4503372 PC #A019-4552, valued at $2,806, which was reported stolen from the County?s Inventory. Motion carried and ordered unanimously.

APPROVE TRANSFER FROM LAW ENFORCEMENT GENERAL FUND, RE: D.A.R.E. PROGRAM TRUST FUND

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve transfer of $20,000 from the Law Enforcement General Fund to the DARE Program Trust Fund to purchase DARE logo items for students and presentation aids. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: UNCLAIMED FUNDS FROM CLERK?S OFFICE

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to acknowledge receipt of $13,517.74 in unclaimed funds from the Clerk?s Office, minus the funds that were claimed and the advertising fee, pursuant to Chapter 116.21, Florida Statutes. Motion carried and ordered unanimously.

RESOLUTION, RE: REQUESTING FEDERAL SUPPORT OF BEACH RESTORATION AND FLOOD CONTROL PROJECTS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Resolution requesting the Federal Administration and Congress to keep within the Corps of Engineers? Civil Works mission, federal participation in Beach Restoration and Flood Control Projects which are not considered nationally significant. Motion carried and ordered unanimously.

APPOINTMENTS, RE: BREVARD WORKFORCE DEVELOPMENT BOARD OF DIRECTORS

Commissioner Higgs declared a conflict of interest as a company in which she owns stock does business with the Brevard Workforce Development Board.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to appoint Ron Anderson, Sharon Andre, Lisa Rice, Judith Molitor, Pamela Fitzgerald, Jerry Phillips, Rose Thron, Tim Yandell, Ken Aguilar, Mark Cook, Carol Fuller, Jim Shalls, Tom Kasica, Dr. Maxwell King, Nancy McCurdy, Phil Penley, Dr. David Sawyer, Lynda Weatherman, Dr. Andre Revay, Jr., Fran Baer, Bill Hoskinson, Rob Rains, Amos Stevens-Singleton, Karl Thompson, and Sandra Nixon-Jones to the Brevard Workforce Development Board representing the private sector business, public sector, community based organizations and labor unions. Motion carried and ordered unanimously.

APPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to appoint Ed Harrison, 5215 S. A1A, Melbourne Beach to the Affordable Housing Council, Norma Savell, 3500 South Courtenay Parkway, Merritt Island to the Sign Ordinance Task Force, Ernest Voegtlin, 6983 Carlowe Avenue, Cocoa to the TiCo Airport Authority, Robert Harrison, 1383 Cypress Avenue, Melbourne to the Contractor Licensing Board, Valerie Scott, 3695 Grant Road, Grant to the Comprehensive Land Use Citizen Resource Group, and Joe Littlefield, 2565 Christine Drive, Titusville to the Public Golf Advisory Board, and reappoint Juanita Wright, 2616 N. Palmetto Avenue, Mims and Ivan Rolle, 3730 West Railroad Avenue, Cocoa to the Community Development Block Grant Advisory Board. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve Bills and Budget Transfers, as submitted. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - ASSISTANT CHIEF FRANK FREGO, RE: RESOLUTION COMMENDING CHIEF RON BEATTY

Commissioner Higgs read aloud a resolution commending Chief Ron Beatty for 35 years of service to the Micco Volunteer Fire Department.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to adopt Resolution recognizing and commending Chief Ron Beatty for 35 years of service to the Micco Volunteer Fire Department. Motion carried and ordered unanimously.

Chief Beatty expressed appreciation.

PUBLIC HEARING, RE: RESOLUTION VACATING UTILITIES AND DRAINAGE EASEMENTS IN TORTOISE ISLAND, PHASE FOUR, PUD - LETITIA PAGE

Chairman Cook called for the public hearing to consider a resolution vacating utilities and drainage easements in Tortoise Island, Phase Four, PUD as petitioned by Letitia Page.

There being no objections heard, motion was made by Commissioner O?Brien, seconded by Commissioner Cook, to adopt Resolution vacating utilities and drainage easements in Tortoise Island, Phase Four, PUD, as petitioned by Letitia Page. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING ACCESS EASEMENT IN OCEAN GARDEN VILLAGE AT SOUTH SHORES - BRIAN SCULTHORP

Chairman Cook called for the public hearing to consider a resolution vacating access easement in Ocean Garden Village at South Shores as petitioned by Brian Sculthorp.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Ellis, to adopt Resolution vacating access easement in Ocean Garden Village at South Shores as petitioned by Brian Sculthorp. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITIES AND DRAINAGE EASEMENT IN RAMBLING ACRES - RONALD AND JANET ROBINSON

Chairman Cook called for the public hearing to consider a resolution vacating public utilities and drainage easement in Rambling Acres as petitioned by Ronald and Janet Robinson.

Discussion ensued on vacating after encroachments have occurred, the County?s permit process, and changes in the Code to avoid encroachments.

Commissioner O?Brien suggested the Board set policy to not approve any encroachments after a certain date, or fine the person responsible for the encroachment. Commissioner Scarborough advised errors on the part of staff may give individuals a legal right to request remedy. Discussion resumed on dealing with encroachments, liability of staff, and how often such cases come to the Board.

There being no further objections or comments heard, motion was made by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution vacating public utilities and drainage easement in Rambling Acres as petitioned by Ronald and Janet Robinson. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: VACATING PUBLIC UTILITIES AND DRAINAGE EASEMENT IN THE CLOISTERS TERRACE SUBDIVISION - MARK GAGER

Chairman Cook called for the public hearing to consider a resolution vacating public utilities and drainage easement in The Cloisters Terrace Subdivision.

Commissioner Ellis advised he does not support the vacation.

Mark Gager explained his request; and addressed various objections. He submitted photographs of the area.

Discussion ensued on the width of the bikepath, access for emergency vehicles, neighborhood objections, and fences on abutting lots. Mr. Gager advised of the advantages of the proposed wall. Discussion resumed on fence heights and the configuration of Mr. Gager?s lot.

County Surveyor Beverly Sutphin advised staff did not object to the northern easement, but the utility companies strongly objected; and the five-foot easement would not impact the pool setback. Mr. Gager advised he would always allow the utility companies to have access on the north side for maintenance. Jeff Joseph, representing Joyal Construction, advised of the requirements to have a wooden fence and the location of fences in the neighborhood. Discussion ensued on utility access.

Commissioner Scarborough recommended the applicant work with the utility companies to resolve the problem. Commissioner Ellis requested the applicant come back to the Board with something similar to a site plan showing the wall in relation to utilities. Commissioner Scarborough recommended there be input from the neighbors. Discussion resumed on whether there have been other vacating requests to accommodate walls, site plan language, omission of fence restriction on the plat, location of utility easements, emergency vehicle access, protection of the County?s investment in the bikepath, and the aesthetics and effects of wooden fences versus concrete walls. Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to continue the public hearing to consider vacating public utilities and drainage easements in The Cloisters Terrace Subdivision as requested by Mark Gager to October 5, 1996; direct staff to provide shop drawings and letters of acceptance from the gas and electric companies assuring they have access; and refer the issue of the bike path to staff for additional comment. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - STATE ATTORNEY NORMAN WOLFINGER, RE: STATE ATTORNEY OFFICE SPACE

State Attorney Norman Wolfinger requested the Board reconsider the office space being allocated to his office; and provided justification. County Manager Tom Jenkins advised staff was directed to develop an alternative which would place the State Attorney in Building D instead of B; and a proposal has been submitted to the Board.

Discussion ensued on housing additional occupants in Building D, proposed occupants of Building B, available space in Building C, moving agencies to Rockledge, the purpose of the centralized Government Center, and State Attorney?s need to interface with employees and offices at Viera. Commissioner O?Brien noted allowing other outside agencies to displace County offices at the Government Center may go against what the public demanded in terms of consolidation when it was built. Mr. Jenkins advised the decision to put the State Attorney at the Government Center was to avoid construction costs for a new facility. Discussion ensued on the decision to build a judicial center, the court order, and allocating empty space in Building C for the State Attorney.

Mr. Wolfinger advised of previous office space, number of employees, and cost efficiencies in having his office in one location.

Chairman Cook expressed agreement with Mr. Wolfinger; and advised there is sufficient room in Building D for the State Attorney?s office. Commissioner O?Brien requested Mr. Wolfinger assure the Board he will have fewer employees as a result of consolidation; with Mr. Wolfinger explaining the work allocation for efficiency. Commissioner Ellis expressed concern about shuffling everyone around; and inquired if there is a way to use Buildings B and D or B and C. Discussion ensued on allowing Mr. Wolfinger to run a professional operation, consolidation of three offices, and the Board?s obligation to the State Attorney.

Motion by Commissioner O?Brien, seconded by Commissioner Cook, to approve the use of Building D at the Government Center as office space for the State Attorney.

Discussion ensued on the efficiency of having the State Attorney?s office in one building, cost effective operation of the court system, space allocation figures, and moving expenses.

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

The meeting recessed at 10:15 a.m. and reconvened at 10:33 a.m.

ACCEPT TASK FORCE RECOMMENDATIONS, RE: LANDSCAPE AND LAND CLEARING ORDINANCE

Assistant to County Manager Peggy Busacca advised of the background of the Task Force recommendations, the requested action, and the Local Planning Agency schedule.

Commissioner Scarborough inquired should the Board articular a position regarding the various reports; with Ms. Busacca responding any advice would be helpful.

Brigadier General W. S. Hollis, representing BIPPA in alliance with The Partnership, requested Board take no action at this time; commented on Graydon Corn?s minority report; and requested copies of any additional paperwork. He requested Mr. Corn provide examples of items 1, 9, 12, and 14.

Burl Ferguson advised of the need for guidelines for what can be done on property; and outlined various suggested requirements.

Fred Robitschek recommended the Board acknowledge the Task Force recommendations, request written recommendation of County staff offices, and redraft the ordinance. He commented on the function of government.

Dr. Betty Chaney advised of her personal experience moving into a condominium; and requested the ordinance be turned back to staff.

Cameron Donaldson, representing Florida Native Plant Society, expressed concern with the results from the Task Force; and recommended keeping the existing Ordinance. Commissioner Ellis advised a specific analysis was introduced on July 18, 1995. Ms. Donaldson stated the Task Force did not do its job.

Billy Rhodes, representing the Titusville Men?s Garden Club, requested more time to review the proposed ordinance; and commented on various elements of it.

Priscilla Griffith, representing The Partnership for Sustainable Future, expressed support of the existing Ordinance; and recommended the issue be deferred until 1997.

Sue Carlson expressed support of the existing Ordinance; and recommended the Board decline to accept the recommendations of the Task Force, rethink the need for future review of the Ordinance, and disband the Task Force.

Margaret Broussard requested the Board acknowledge the Task Force report, dismiss the Task Force, send the report to the LPA, and schedule public hearings after the first of the year. She requested individuals supporting the existing Ordinance stand; with approximately 20 people standing.

Al Notary expressed concern about protection of the environment through hysteria.

Mary Todd, representing the Turtle Coast Group of the Sierra Club, expressed concern about conflicts between the proposed ordinance and the Comprehensive Plan; and requested the County Attorney and staff research the compatibility before scheduling a public hearing.

Priscilla Sanstead, representing Friends of the Enchanted Forest, and Jennifer Bruckler, representing the Native Plant Society, expressed support of the current Ordinance.

Margaret Hames advised she served on the Task Force; and requested the Board consider the changes suggested in the minority report presented by four members of the Task Force. She expressed support of the existing Ordinance. Commissioner Ellis advised of the lack of strong consensus on the Task Force. Ms. Hames commented on the composition of the committee which developed the original Ordinance.

Norma Savell expressed support for the proposed ordinance.

Kim Zarillo, representing the Florida Native Plant Society, commented on Commissioner Ellis? assertions relating to landscaping and land clearing; advised of minority reports; and inquired about the real cost of enacting an ordinance. She requested the Board acknowledge the Task Force recommendations, dismiss the Committee, and leave the existing Ordinance alone.

Discussion ensued on resolution of the wetlands issue, better definition of the point systems for trees, and problems with tree requirements.

Commissioner Scarborough expressed support for the minority report submitted by Ms. Swann.

Chairman Cook submitted a letter from Leroy Wright.

Commissioner Ellis noted the minority report from the four Task Force members does not address the landscaping portion of the Ordinance.

Commissioner Higgs advised she can support changes to the Ordinance that make it better but not abolishing land clearing requirements. She suggested addressing the issue in a workshop after the first of the year; and recommended taking no further action at this time.

Commissioner O?Brien expressed support for a workshop with staff providing comments before January, 1997.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to approve holding a workshop after January 1, 1997; and direct staff to provide additional comments by January 1, 1997.

Discussion ensued on the advantages of getting staff input, lack of public outcry on the issue, and comfort with the existing Ordinance.

Commissioner Higgs suggested getting a report and then giving further direction.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to amend the previous motion to direct staff to provide additional recommendations by January 1, 1996, but not schedule a workshop at this time.

Commissioner Scarborough suggested limiting staff comments to definition of landscaping and the point system for landscaping. Commissioner Higgs advised it is not her intent to revisit those parts of the ordinance addressing the land clearing permit.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to amend the previous motion to direct staff to provide additional recommendations by January 1, 1997 on the landscape point system and its administration, but not schedule a workshop at this time.

Commissioner Ellis read aloud from a letter, ?we will not support any proposal that allows the public to regular their own landscaping requirements.?

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

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 22, ADDRESS ASSIGNMENT

Chairman Cook called for the public hearing to consider an ordinance amending Chapter 22, Address Assignment.

County Manager Tom Jenkins requested the public hearing be continued to allow staff to make minor changes.

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to continue the public hearing to consider an ordinance amending Chapter 22, Address Assignment to October 22, 1996. Motion carried and ordered unanimously.

The meeting recessed at 11:33 a.m. and reconvened at 11:43 a.m.

PUBLIC HEARING, RE: ORDINANCE AMENDING COASTAL SETBACK AND CONTROL LINE ORDINANCE

Chairman Cook called for the public hearing to consider an ordinance amending Coastal Setback and Control Line Ordinance.

Assistant County Manager Stephen Peffer explained the requested change; and advised the Local Planning Agency requested the ordinance be revised to provide for notification of residents within a 500-foot radius.

There being no objections heard, motion was made b Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Ordinance amending the Coastal Setback and Control Lines Ordinance with the LPA change. Motion carried and ordered unanimously.

LETTER OF UNDERSTANDING WITH CHILDREN?S ADVOCACY CENTER, RE: LOCATING CHILDREN?S ADVOCACY CENTER AT GOVERNMENT CENTER

County Manager Tom Jenkins advised the Children?s Advocacy Center found the space at the Sarno Complex to be acceptable.

Commissioner Ellis expressed concern about the two-year term. Facilities Management Director Hugh Muller advised the possible need for a cancellation provision has been conferred verbally to the organization.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve allocation of office space at the South Brevard Service Complex for the Children?s advocacy Center, including utilities and janitorial services at no charge, with verbal agreement that such space may change at the Board?s discretion.

Discussion ensued about Board policy on charges and lack of funding source for the Children?s Advocacy Center.

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

PERMISSION TO ADVERTISE, RE: ORDINANCE ESTABLISHING IDLE SPEED ZONE IN LAKE WASHINGTON ACRES SUBDIVISION

County Manager Tom Jenkins advised of the necessity to advertise an ordinance in order to proceed with the Board?s prior direction.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant permission to advertise an ordinance establishing an idle speed zone in Lake Washington Acres Subdivision.

Assistant to County Manager Peggy Busacca advised of a request from Mr. Hunter to include a portion of the entrance canal. Frank Hunter showed the area on the map. Commissioner O?Brien expressed concern about navigational hazards.

Motion restated by Commissioner Scarborough, seconded by Commissioner Cook, to grant permission to advertise an ordinance establishing an idle speed zone in the canal north of Evinrude Road, including the eastern 200 feet of the entrance canal, in Lake Washington Acres Subdivision. Motion carried and ordered unanimously.

ACKNOWLEDGE RECOMMENDATION, RE: SUNTREE/VIERA LIBRARY REQUEST

Library Services Director Kathryn Stewart advised of the Library Board recommendation to approve establishment of a Suntree/Viera Library, when and if funds are available in the FY 1997-98 budget, and urge future library users to form a Friends of the Library group.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to acknowledge the request of the County Library Board to approve establishment of a Suntree/Viera Library when and if funds are available; and direct staff to consider rental of a facility for the Suntree Library in the FY 1997-98 budget and work with the Suntree area residents to establish a Friends of the Suntree Library to raise funds for the rental, furniture and equipment needed. Motion carried and ordered unanimously.

APPROVE RECOMMENDATION, AUTHORIZE NEGOTIATION OF CONTRACT TO MARKET, AUTHORIZE NEGOTIATION OF CONTRACT TO AUCTION, AND APPROVE 120-DAY PROSPECT EXCLUSION FOR PREVIOUS BROKER, RE: SPACEPORT COMMERCE PARK BROKER SELECTION

Commissioner O?Brien inquired about the effectiveness of the Spaceport Commerce Park Authority; with Economic Development Director Greg Lugar responding it represents a wide level of interest in the North Brevard area, but it is another Committee which prospective buyers would have to deal with prior to going to the Commission. Discussion ensued about the Authority.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to direct the Economic Development Director to request the Spaceport Commerce Park Authority consider its usefulness and report to the Board. Motion carried and ordered unanimously.

Mr. Lugar advised of recent actions concerning the Spaceport Commerce Park; and explained the requested action. County Manager Tom Jenkins advised of the need for the prospect exclusion list.

Commissioner Scarborough inquired about setting acreage costs through auction; with Mr. Jenkins explaining the price if someone purchased the entire Park or smaller parcels. Discussion ensued on pricing the property, selling as residential property, and putting mobile homes on the property.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to authorize negotiation of a Contract with Prudential Florida Realty to market the Spaceport Commerce Park, with the Contract to come back to the Board.

Commissioner Scarborough advised of an auction in La Cita and the impact on property values.

Commissioner Higgs recommended the contract include provision in case the County decides to do something different with the property.

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

Discussion ensued on the exclusion provision.

The meeting recessed at 12:09 p.m. and reconvened at 2:07 p.m.

DISCUSSION AND DIRECTION, RE: SCRUB CONSERVATION DEVELOPMENT PLAN

Chairman Cook advised of his report regarding the Scrub Habitat Plan.

Discussion ensued on waiting to see the CARL rankings, comments from U.S. Fish and Wildlife Service, Mr. Hankla?s letter, federal lands, funding the HCP, and the availability of Mr. Hankla for questions.

Commissioner Higgs inquired about federal lands; with Mr. Hankla addressing how the federal land component relates to the overall needs of the species. Commissioner Higgs inquired about mitigation on federal land; with Mr. Hankla responding no, but it will have different effects on an HCP. Commissioner Ellis advised of the high percentage of birds at the Space Center; and stated the County was previously told it could not put the federal population in the HCP. Mr. Hankla advised in doing an assessment for an HCP permit, the U.S. Fish and Wildlife Service looks at the whole picture. Commissioner O?Brien inquired what would happen if the County never submitted a plan; with Mr. Hankla advising of the advantage of a permit, the necessity of individuals getting individual permits, and enforcement issues. Discussion ensued on the costs, the 1991 letter, the take provisions, liability under the Endangered Species Act, funding provisions, requirement of funding certainty, CARL funding, federal and other lands, and the County?s permitting liability.

Mary Todd, representing Turtle Coast Group of the Sierra Club, requested the Board wait for the CARL decision, and then reconvene the Scrub Conservation Development Plan Steering Committee to consider the information from the U.S. Fish and Wildlife Service and the CARL decision.

Vernon Hitchcock inquired about relocation of birds located in small isolated pockets.

Margaret Broussard advised of lack of success in relocating the scrub jay species, the work of the SCDP Steering Committee, and the two habitat conservation plans. She expressed support for the SCDP Steering Committee plan.

Priscilla Griffith, representing the League of Women Voters and The Partnership, expressed support for the plan developed by the SCDP Steering Committee and wait for CARL funding.

Peggy Reichle questioned the authority of the U.S. Fish and Wildlife Service to make the County develop a plan; and expressed concern about setting aside properties.

Helein Hitchcock expressed concern about increasing presence of government in individual decisions and control of private property.

Edwina Davis, representing Friends of the Scrub, expressed support for preservation of natural Florida.

Al Notary requested a review of the plan and the supporting data by an independent committee, removal of the staff leader, and an audit be made of the Contract with The Nature Conservancy.

Commissioner Higgs read aloud from a 1990 letter from the U.S. Fish and Wildlife Service; and inquired if there is a difference in position; with Mr. Hankla responding no. Mr. Hankla explained the role of federal lands in developing a plan. Commissioner Higgs inquired if federal lands will make up for private lands; with Mr. Hankla responding by themselves, no, but they do impact the overall picture. Discussion ensued on federal lands, letters from the U.S. Fish and Wildlife Service, percentage of birds on public and private lands, evaluation of the scrub conservation plan, treatment of red-cockaded woodpeckers in Texas, isolated pockets of population, plans at various cost levels, length of time for response from U.S. Fish and Wildlife Service, need for scientific background in the plan, and funding. Chairman Cook inquired if the County submits a plan, will the Service evaluate it to see if it meets the needs of the species; with Mr. Hankla responding affirmatively. Discussion resumed on what to submit.

Deanna Reiter expressed concern about the property rights of the taxpayers.

Lori Wille suggested sending U.S. Fish and Wildlife on its way and putting the issue up for referendum.

Mario Busacca, Natural Resources Program Lead at Kennedy Space Center, addressed the use of federal lands in the HCP; and advised KSC is willing to sit at the table. Chairman Cook inquired if KSC originally declined to participate; with Mr. Busacca responding KSC has a plan; and if the County includes federal lands in its HCP, KSC wishes to be involved in that process.

Discussion ensued about mitigation, land restoration, why KSC does not have to buy land for mitigation, and the KSC plan submittal.

The meeting recessed at 3:39 p.m. and reconvened at 3:50 p.m.

Martin Lamb expressed concerns about the inaccuracy of the plan; and addressed cost issues.

Mr. Hankla clarified the position of the federal refuge lands. The U.S. Fish and Wildlife Service biologist clarified the relationship between the scrub jays that are on NASA and National Wildlife Refuge properties and the other populations. Discussion ensued on various scrub jay populations, genetic exchange between populations, minimum standard scenarios to meet survival criteria, dispersal distances, habitat encroachment by development, isolated populations, survival of catastrophic events, and threatened versus endangered species.

Norma Savell expressed concern about private property rights; and requested the Board defend people?s rights to their own property. She submitted a petition requesting the scrub plan be limited to government land.

Kim Zarillo expressed support for the draft plan and the recommendations of the Steering Committee; and addressed the cost of the plan, ability of individuals to get permits, and CARL funding.

Commissioner Ellis advised about lack of response to his questions concerning survivability.

Micah Savell commented on the spirit of cooperation of U.S. Fish and Wildlife Service; advised of the need for guidelines; and recommended the Board not go forward with the plan or the CARL request. He requested the public be notified before any action is taken on the plan or money removed from the tax rolls.

Discussion ensued on what would happen if the County reaches an impasse with the U.S. Fish and Wildlife Service, moratorium, cost to taxpayers, need for additional clarification, and history of the issue.

Nancy Snipes and Charlene Berger expressed support for the plan as proposed.

Discussion ensued on the KSC bird population, lack of genetic exchange between populations across the river, and whether private lands would be released if government lands are brought into the plan. Mr. Hankla advised if the lands are currently under management, they do not help the County. Discussion resumed on ratios, impact of government lands, and submittal of a plan for U.S. Fish and Wildlife Service review and comment.

Chairman Cook suggested the County submit all of the federal and government-owned scrub lands in the County to see if that is adequate to get a permit to release other lands.

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

Motion by Commissioner Cook, seconded by Commissioner Ellis, to include all federal and government-owned lands in Brevard County as the County?s habitat conservation plan to send forward to the U.S. Fish and Wildlife Service for comment regarding the permit.

Commissioner Ellis requested the motion be to submit the original plan with all the lands; and stated the certainty is what is already owned, and the County will apply for grants for the other properties. He cautioned the document has no time limit or lock-in on the mitigation ratio. He commented on the core and non-core properties; and recommended the non-core properties be released. Discussion ensued on the funding, grant applications, set aside properties, what response the Board can expect to get back from U.S. Fish and Wildlife Service, value of having a plan, financing property maintenance, and mitigation ratios for people in and out of the plan.

County Attorney Scott Knox advised the plan has not been adopted by the Board; and it is dangerous to discuss attaching conditions to the current proposed submittal because it gives someone the argument that the Board has adopted that plan. He advised the motion does not change any requirements; and he has no problem with it from a legal standpoint; but attaching conditions may be a de facto admission that the County has a plan.

Discussion ensued on whether the plan will come back to the Board before it is submitted and the liability issue. Chairman Cook requested the Board not go beyond the scope of the original motion.

Commissioner Higgs inquired if the motion is to send a plan or a letter; with Chairman Cook responding a plan to see what kind of respond the County will get. Commissioner O?Brien advised it would be only those government lands with scrub habitat.

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

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

The meeting recessed at 4:50 p.m. and reconvened at 5:08 p.m.

PUBLIC HEARING, RE: APPROVE TRANSMITTAL OF 1996B COMPREHENSIVE PLAN AMENDMENTS

Chairman Cook called for the public hearing to consider approval of transmittal of the 1996B Comprehensive Plan amendments.

Planner III Stephen Swanke outlined the purpose of the public hearing and the items for consideration. He advised the first proposal is to establish a mixed use district in the vicinity of Minton Road and U.S. 192 which is currently residential, which was recommended for approval by the CRG and the LPA.

Philip Nohrr, representing the applicant, described the area; distributed maps; and outlined the request which would establish a mixed use district for a Lowes. He described the changes in the neighborhood in terms of traffic and noise; and summarized the advantages of having the Lowes on the property. He advised of the parameters of the request, the compatibility with land use, and limit of extension. He submitted a report on the noise issue from Jeff Straw.

Jeffrey Straw advised of his background, his review of the area in question, the noise level from traffic on U.S. 192 and in the neighborhood, and standard decibel levels compared to current decibel levels in the neighborhood. He outlined the expected impact to the neighborhood from the proposed Lowes project.

John Cook expressed opposition to the proposed amendment; and requested if the project is approved, that access not be allowed from Feast Road and proper barriers be put in place.

John Harrison advised of elements which make his home undesirable for residential; and stated this is his only opportunity to get a reasonable value for his property.

Leo Sigman advised he has not experienced noise from Home Depot.

Clayton and Gloria Dewey advised of noise from traffic, and drainage and septic tank problems. Mr. Dewey commented on property values.

Helen Kacznwka, Lucille Symonette, George Eck, Robert Bennett, Ray Fralick, and Charles Coats advised of problems with traffic, drainage, noise, and adult entertainment establishments; and expressed support for the amendment.

Louis Westerburg advised of changes to the area as a result of growth in West Melbourne; and expressed concern about the medians blocking Avenue C. Commissioner Ellis explained the medians are part of the FDOT project; and agreed there are problems. Mr. Westerburg expressed support for the amendment.

Ruth Hayes, Donna Phillips, and Tebayane Dearth advised of problems with water, sewer, sanitation, and traffic; and expressed support for the amendment.

Tebayane Dearth advised of problems with her house wiring, septic system, and drainage; and expressed support for the amendment.

Pat Healy stated he owns property in Pine Meadow Estates; advised all of the property owners who have spoken in favor of the amendment who own property on Avenues C and D or Feast Road have entered into option agreements for sale of the properties at 120% or more of the appraised value of the property; described the problems that would result from the approval of the lumberyard; and requested denial of the amendment.

Rochelle Lawandales submitted a report to the Board concerning mixed use district expansion at Minton Corners Subdivision. She requested the Board deny or modify the requested action. She described the area; commented on various provisions of the Comprehensive Plan, compatibility issues, buffering, access, and level of service on Minton Road; and advised of negative impacts from the proposed action. She outlined seven requested actions.

Neal Story advised of his need for access to U.S. 192.

Louis Constantino advised the request will lower the value of his property; and requested the amendment be denied.

Debra Chalifour expressed opposition to the requested action; and advised of safety concerns getting children to school.

Fred Mullins advised of flooding problems, noise from Home Depot, and wildlife in the area; and stated the project will destroy the neighborhood. He requested the Board deny the request.

Mitch Miller expressed opposition to the project.

Kimberly Beirne stated she would like to keep her neighborhood quiet and residential.

Perry Coleman advised there is no reason to change the existing Growth Management Plan as there are other areas available on U.S. 192 which would serve the needs of Lowes. He commented on the request for commercial, traffic problems, drainage problems, property values, and inability to bring expert witnesses.

Larry Kolb and Scott Wright expressed opposition to the proposal.

Eugene Bognara advised some speakers had to leave, and a letter was submitted.

Tamara Doehring advised of problems in the neighborhood with motorcycles and people shooting guns; and expressed support for the proposal.

Mr. Nohrr advised of the distance between the proposed project and the Pine Meadows Subdivision; outlined the Lowes operation; and described the layout of the proposed project. He addressed the sound problems, buffering, water retention, and Mr. Story?s access to U.S. 192. He advised of actions which will be further discussed when the property comes to the County for rezoning; and outlined the timetable for the project.

Commissioner Ellis inquired where is the loading area; with Mr. Nohrr showing on the map. Mr. Story pointed out his property on the map; and explained his access concerns. Discussion ensued on the access issue; with Mr. Story advising he would like assurances in writing. Discussion resumed on options for access. Mr. Nohrr advised of the loading dock hours. Tom Wilkinson, representing Lowes, addressed the delivery issue, inside storage, and inability to load everything from the east side. Discussion ensued on placement of the building on the lot, buffering, deliveries, and site plan issues. Mr. Knox advised buffering, etc. are handled at site plan review and zoning stages. Discussion ensued on Mr. Story?s access. Mr. Knox advised Mr. Story?s problem is a private matter between Mr. Story and the developer, and the Board does not have any control.

The meeting recessed at 7:10 p.m. and reconvened at 7:27 p.m.

Commissioner Higgs recommended the Board focus on the Comprehensive Plan issues. Discussion ensued on the definition of community commercial, planning parameters, thresholds, and minimum criteria. Mr. Knox advised the Board can consider the testimony that was presented on the site plan, but conditions cannot be attached nor decisions made at this time.

Discussion ensued on whether to allow Mr. Healy to speak.

Pat Healy advised of the proximity of the proposed development to Feast Road; and addressed the availability of property for the project, noise issues, and inability to reorient the building on the property.

Mr. Nohrr outlined the proposed timetable for the project.

Discussion ensued on location of the water retention, property configuration, and consideration of land use and zoning simultaneously. Mr. Knox advised typically a rezoning is filed with a land use amendment, and the rezoning is approved subject to the land use amendment passing all the necessary hurdles. Mr. Nohrr advised he is prepared to have a signed Binding Development Agreement at the time the Board votes on final approval in March or April, 1997. Commissioner Scarborough stated the County Attorney is suggesting hearing the rezoning prior to the land use amendment coming back; and if there is no agreement on the zoning, the Board will move to deny the land use change when it comes back; with Mr. Nohrr responding that is fine. Discussion ensued on when the issue will come back to the Board, filing the zoning application, if there is intent to exercise option on the remaining residential, and compatibility issues.

Commissioner Scarborough inquired if the Board could require the applicant to purchase the properties on Feast Road and restrict decibel levels in the Pine Meadow Subdivision; with Mr. Knox responding rational conditions can be imposed which are reasonably related to the impact of the property on abutting properties.

Discussion ensued about the Feast Road properties and changing the character of the neighborhood. Mr. Knox advised Lowes can purchase those properties, but the Board cannot impose that obligation. Discussion resumed on the Feast Road properties, the Pine Meadows properties, the Auto Zone rezoning, concerns about truck noises, devaluation of property due to increased traffic and abutting commercial property, and mixed use district depths.

Commissioner Ellis suggested buffering from the commercial use or including Feast Road in the mixed use district as residential, and the company would decided whether to keep the property or sell it. Mr. Knox advised the application does not involve the Feast Road property; and the applicant would have to purchase the property and include it in the application to accomplish what is being discussed. He stated the Board can only consider what is under the company?s control; however, the Board can send the transmittal to DCA for approval with the notation that the Board may reconsider if the Feast Road property has not been acquired by that time. Discussion ensued on whether the transmittal has to go to DCA, the Board?s options for approval or denial, and concerns about noise, encroachment into a residential neighborhood, compatibility, and consistency of depth of mixed use districts on U.S. 192 and Minton Road. Chairman Cook suggested continuing the public hearing to give the applicant an opportunity to discuss the issues which have been brought up today. Planner Mel Scott advised of the time constraints of submitting as part of amendment 96B; and suggested it could be included in amendment 97A.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to continue the public hearing to October 8, 1996 at 5:30 p.m. Motion carried and ordered unanimously.

APPROVAL OF BAD DEBT WRITE-OFF, RE: VARIOUS UNCOLLECTIBLE RECEIVABLES IDENTIFIED BY BOARD DEPARTMENTS

County Manager Tom Jenkins advised reports have been provided from the Departments explaining their current debt collection procedures; and the County will continue attempting to collect the debts through a collection agency.

Commissioner Ellis suggested continuing to collect the debts, but remove the amounts from the books as a receivable.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve write-off of various uncollectible receivables identified by Board Departments; authorize Library Services to delete the uncollectible accounts receivable from its computer systems; and direct staff to provide a report in six weeks on the status of the collections. Motion carried and ordered unanimously.

APPROVAL, RE: WRITE-OFF OF UNCOLLECTIBLE AMBULANCE ACCOUNTS RECEIVABLE IDENTIFIED BY EMERGENCY MEDICAL SERVICES

County Manager Tom Jenkins advised the County continues to attempt to collect the debts through a collection agency; and he will report back in six weeks.

Commissioner Scarborough requested the individual from the collection agency address the Board.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve write-off of uncollectible ambulance accounts receivable as identified by Emergency Medical Services; and direct staff to provide a report in six weeks on the status of collections, and request the collections agent attend the Board meeting at that time to answer questions. Motion carried and ordered unanimously.

GRANT APPLICATION, RE: CHURCH ARSON PREVENTION GRANT PROGRAM

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Grant Application with the Bureau of Justice Assistance for the Church Arson Prevention Grant Program in the amount of $4,600.

Commissioner O?Brien commented on the amount of the grant; and inquired how the money will be spent; with Assistant County Manager Joan Madden responding the grant may help one or two small rural churches to get lighting.

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

PERSONAL APPEARANCE - JAMES VAN ARTSDALEN, RE: PLACING RESIDENTIAL DESIGNED MANUFACTURED HOME ON AU ZONED PROPERTY

James Van Artsdalen advised according to Brevard County Ordinance placing a residentially designed manufactured home on land zoned AU is not allowable; but according to the Scurlock decision a residentially designed manufactured home is approved for any place a site built home can be placed. He advised of Florida law which brought the State?s housing laws into conformance with federal law; and alleged he is being discriminated against.

Zoning Official Rick Enos advised of the provisions of Brevard County Code. Discussion ensued on the differences between manufactured homes and mobile homes, where manufactured buildings can be placed, the reason for cancellation of a meeting between Commissioner Scarborough and Mr. Van Artsdalen; and the possibility of scheduling another meeting. Mr. Enos advised a zoning change to AGR is another option. Discussion resumed on the specifications of residentially designed manufactured homes. Commissioner Higgs suggested the Board should look at the whole issue of alternative housing such as geodesic homes, manufactured homes, etc.; and requested a staff report. Chairman Cook inquired if the house meets Code; with staff responding it meets the building code for a HUD manufactured home. Mr. Enos explained standards adopted by other areas for a residentially designed mobile home, which is a visual rather than a building standard; and outlined the options.

County Attorney Scott Knox explained the details of the Scurlock case; and advised it does not apply to the current situation.

Chairman Cook explained Mr. Van Artsdalen?s options to him. Mr. Van Artsdalen advised of Florida counties which have revised their zoning requirements to permit residentially designed manufactured housing. Mr. Knox advised the County can exclude or include mobile homes or manufactured housing from particular zoning classifications; and in the current case it is excluded and the Code would have to be amended to allow it. John Hoskins advised Mr. Van Artsdalen was issued a permit by the County; he has sold his home; and there are time limitations. Mr. Van Artsdalen outlined his actions concerning his attempts to put a manufactured home on his property. Discussion ensued on the list of manufacturers of manufactured buildings and what Mr. Van Artsdalen was told by County staff. Commissioner Scarborough inquired about equitable estoppel in this case; with Mr. Knox advising there is procedure for review of vested rights. Commissioner Scarborough recommended Mr. Van Artsdalen meet with the County Attorney and staff to work things out.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve scheduling a vested rights hearing at the next meeting for James Van Artsdalen regarding placing a residentially designed manufactured home on AU zoned property. Motion carried and ordered unanimously.

Growth Management Director Susan Hann advised of advertising requirements. The Board reached consensus to have the vested rights review at the next meeting or as soon as possible in accordance with the advertising requirements.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSAL AND APPOINT SELECTION COMMITTEE, RE: CONSULTING ENGINEERING SERVICES FOR SOLID WASTE MANAGEMENT DEPARTMENT?S CAPITAL IMPROVEMENT PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant permission to advertise a Request for Proposal for consulting engineering services to support the County?s planning, development, and implementation of its Solid Waste Management Department?s Capital Improvement Program; and appoint a Selection Committee consisting of Commissioner O?Brien, the Solid Waste Management Director, Solid Waste Operations Director, the County Manager or his designee, and the County Attorney or his designee. Motion carried and ordered. Commissioner O?Brien voted nay.

APPROVE, RE: ONE-TIME PURCHASE OF SCALLOP SHELLS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve a one-time purchase of scallop shells from Gunnstruction for use in Road and Bridge MSTU Districts 1, 2 and 4. Motion carried and ordered unanimously.

REAPPOINTMENTS, RE: LOCAL HEALTH COUNCIL OF EAST CENTRAL FLORIDA

Chairman Cook advised several appointees have been on the Council for ten years; and inquired what efforts have been made to see if there is interest from others. Assistant County Manager Joan Madden advised the Board may elect to not reappoint or may nominate other individuals, but the individuals brought forward have done a good job for the County over the years.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to reappoint Arthur Lamar, Lotte Lopez, and James B. Whitaker to the Local Health Council of East Central Florida. Motion carried and ordered unanimously.

Chairman Cook requested there be more outreach in the future to get others involved.

RESOLUTION, RE: ESTABLISHING SCAT CONTRACT RATES

Chairman Cook advised he will vote to keep the rate at the current level. Commissioner Higgs advised the riders are not paying the full cost. Chairman Cook stated this is a service the County provides.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt Resolution establishing the minimum contract rate for Space Coast Area Transit services for all agencies effective October 1, 1996. Motion carried and ordered. Commissioner Cook voted nay.

Mr. Knox advised the advertising requirement for vested rights is fourteen days and five days. County Manager Tom Jenkins advised it will be scheduled accordingly.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 8:36 p.m.

MARK COOK, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

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