The Board of County Commissioners of Brevard County, Florida, met in regular session on February 16, 1999, at 5:33 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O?Brien, Nancy Higgs, Sue Carlson, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Spiritual Leader John Goldring, Temple Beth El, Barefoot Bay.

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

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to reappoint Stephen C. Marcum to the Planning and Zoning Board. Motion carried and ordered unanimously.

Commissioner Carlson stated she went to the Space Coast Commerce Partnership meeting; she understands the Board?s appointment to the KSC Support Committee; and inquired if Commissioner O'Brien is also the appointee for the Space Coast Commerce Partnership Meeting.

Chairman Scarborough inquired what is Commissioner O'Brien?s understanding; with Commissioner O'Brien indicating he is the appointee.

Commissioner Carlson stated she would like to continue going to the meetings. Chairman Scarborough inquired if there is a problem with more than one Commissioner attending; with County Attorney Scott Knox advising of the need for advertising. Chairman Scarborough instructed the County Manager to advertise appropriately so other Commissioners can attend. Commissioner Carlson noted the next meeting is April 9, 1999.

Commissioner Carlson inquired if the end result of the Board?s discussion at the prior meeting about the American Heritage Rivers issue was that Chairman Scarborough was going to write a letter to Congressman Weldon reaffirming the Board?s position. Chairman Scarborough stated he does not recall. Commissioner Higgs stated that was not part of it. Chairman Scarborough stated he would prefer to call Congressman Weldon than write. Commissioners Higgs and Carlson indicated agreement with calling. Commissioner Carlson noted Indian River County just reaffirmed its support.

Commissioner Voltz stated she wrote a letter to Florida TODAY in response to a letter written by Leroy Wright and statements Mr. Wright made at the meeting regarding the American Heritage Rivers; and read aloud the letter.

Chairman Scarborough distributed written materials to the Commissioners. He stated the Board asked the Tourist Development Council and the Economic Development Commission to comment on the Beeline monorail issue; and both groups advise they would like to propose questions. He stated the groups want to gather more information; and he will indicate to both groups that is all right. He stated it would be appropriate to ask staff to put together questions for the Board to consider at the same time.

Chairman Scarborough stated he read recently in the newspaper that $100 million is going into the I-4 corridor; the Kiplinger Washington Letter said wonderful things are happening as a result of adopting regional approaches, and that the Tampa to Daytona I-4 corridor is booming as a high tech area due to the teamwork of major companies, universities, and development groups working through the Florida High Tech Corridor Council; and the Orlando Sentinel had an editorial listing all counties in the area except Brevard County. He stated Brevard County is being left out of planning functions in Central Florida; the East Central Florida Regional Planning Council is one avenue, but there are other places; the whole process is an I-4 concept; and the County can either be part of it or slip through the cracks and not be present when things are discussed.

Commissioner Higgs read aloud the resolution proclaiming days of remembrance of the victims of the holocaust.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution proclaiming the week of April 11 through 17, 1999 as Days of Remembrance of the Holocaust. Motion carried and ordered unanimously.

Commissioner Higgs presented the Resolution to Spiritual Leader John Goldring of Temple Beth El. Mr. Goldring advised of the events of the holocaust; and stated people must not lose sight of the results of the holocaust or allow genocide and racial cleansing to happen again. He read aloud from a poem concerning the holocaust, "they shall not grow old as we that are left grow old; age shall not weary them nor the years condemn; at the going down of the sun and in the morning, we will remember them." He thanked the Board for the Resolution; and invited the Commissioners to Temple Beth Sholom on the evening of April 12, 1999 at 7:30 p.m. for a memorial service.

Commissioner Carlson read aloud the resolution commending Matt Killanek for his achievement of the Eagle Scout Award.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution commending Matt Killanek on his achievement of the Eagle Scout Award. Motion carried and ordered unanimously.

Matt Killanek thanked the Board for the Resolution. Commissioner Carlson presented the Resolution to Mr. Killanek.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to appoint/reappoint the following:

Jane Holstein, replacing Camille Herring, with term expiring December 31, 1999.

Elena Miller, with term expiring December 31, 1999.

Father Canon Kite-Powell, with term expiring December 31, 1999.

Elizabeth Armistead, with term expiring December 31, 1999.

Alma Battle, with term expiring December 31, 1999.

Jimmy Jackson, with term expiring December 31, 1999.

Walter Payne, with term expiring December 31, 1999.

Roland Foster, with term expiring December 31, 1999.

Susan Sheppard, replacing Holly Grant, with term expiring December 31, 1999.

Flo Canham, with term expiring December 31, 1999.

Bill Sansbury, with term expiring December 31, 1999.

Dot Lawless, replacing Doy Hansen, with term expiring December 31, 1999.

Alex Chamberlain, replacing Louis Morehead, with term expiring February 16, 2001.

R. L. Jones, with term expiring December 31, 1999.

Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve bills and budget changes as submitted. Motion carried and ordered unanimously.

County Attorney Scott Knox requested the Board authorize settlement of all claims in Jeffrey Valentine v. Brevard County, et al.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to authorize settlement of all claims in Jeffrey Valentine v. Brevard County for a total of $6,000 including attorney?s fees. Motion carried and ordered unanimously.

Planner Tom Myers stated several weeks ago the Board directed staff to explore the power plant issue, but as staff began, it discovered it is much more than a power plant issue. He stated some uses in the heavy and light industrial zoning classifications need to be examined to determine if they should be conditional use permits or possibly moved to heavier classifications; staff needed to look at certain performance standards that may or may not be in the Code or may need to be strengthened; and what has been provided to the Board is a systematic examination of the industrial land uses. He requested the Board consider which land uses should be moved to require a conditional use permit or to a different classification, identify which standards the Board is interested in exploring, and consider standards both in and outside of the Zoning Code.

Chairman Scarborough stated the Agenda says industrial uses to be reviewed in light of health, safety, welfare, aesthetics, and economic interests of Brevard County; so this is a broad subject which is not site or use specific. He explained the lighting system and procedure to address the Board.

 Commissioner O'Brien requested clarification of the subject before the Board. Assistant County Manager Peggy Busacca advised the issue before the Board is permission to advertise, and it is direction to staff as to what kind of ordinance the Board desires. She stated after this evening, there will be a number of public hearings where the specifics will be discussed; and tonight staff wants to know the general direction it should go in developing the ordinances. Chairman Scarborough stated there are several issues related to this; and the question is how far to go in looking at different issues.

Tom Berringer advised of his work in the building trades in Pittsburgh and the impacts of the open Bessemer-type of steel making. He noted right now Pittsburgh is one of the cleanest cities; explained the changes in environmental controls since the 1960?s; and stated industry left Pittsburgh, which is why it is clean. He recommended the Board put controls on the County so it will not have to worry in the future about stopping the pollution; and requested the Board help the people to keep high impact polluters out of the County.

Mike Stallings stated the issue is pollution in the County; and advised of the value of boundaries and limits. He stated power plants operating in the County now are operating under Codes of 20 to 30 years ago; but new times call for new solutions. He stated as technology improves, so should the Code; new industries coming in should be required to modernize to increase conservation and lower pollution; and this will move industry to higher standards. He suggested a mitigation mechanism for those using natural resources.

Sam Kessler advised one company in Melbourne has to evacuate the building if the power goes off due to the chemicals they are using; and there are all kinds of pollution.

Douglas H. Sphar stated the proposed Code considers health, safety, welfare, aesthetics and economic interests of the County; advised of the economic impact of tourists, sportsmen, retirees, and high-tech industries; and expressed concern about jeopardizing the economic engine by the effects of inappropriate industry locating in the County. He stated it is not wise to depend on federal and State regulations to protect the County?s interests; noted the wisdom of having strict standards; and recommended projects be evaluated for cumulative effect and regulations consider any secondary effects. He requested the Board extend the moratorium to give staff time to evaluate alternatives and craft a viable and comprehensive code.

Craig Bock stated the citizens have been awakened to the fact that major polluting industries can build in the County without public input or land development regulations; and requested the Board continue to protect the welfare and safety of the County and its citizens. He stated the proposed amendments are just the beginning; this is a political issue; and the citizens need to be protected from environmental impacts of polluting industries. He noted some fine attorneys are present; but the people are present because their hearts are broken at the thought of the County becoming polluted. He requested the Board direct staff to include CUP zoning and necessary protection to protect the County; advised the County is not meeting ozone standards for pollution; and read aloud from two articles from the Orlando Sentinel concerning pollution. He advised local governments are allowed to design their own programs to clean the air; the County no longer has an air specialist on the staff; and inquired if the County should wait until it fails to comply with federal standards and loses federal funding to implement new pollution programs or should it restrict polluting industries
now to protect the citizens while maintaining federal funding. He stated the Zoning Department has given examples of zoning that are appropriate and applicable; and requested the Board not lose heart.

Marlene Waters advised of her internet search for other local regulations and zoning codes; stated they vary tremendously; and a lot of them were written to cover particular circumstances. She stated the County is unique; federal or State regulations may not fit; and some industries coming into the County may no longer be suitable for designated areas because of surrounding uses. She advised of the need for change; and the Board needs to amend the Code to include stronger performance standards for heavy industry, stronger criteria for all conditional uses, and appropriate mitigation to minimize or eliminate negative impacts. She requested the Board implement stronger environmental policies to prevent adverse air quality, construction, traffic, wildlife, and water impacts; stated the Code should provide for the heaviest uses to be looked at on a case-by-case basis, and provide for public input; and recommended the Board consider a complete pollution control program. She requested the Board guide staff in the direction of limiting the development of industrial uses so as to insure that the benefits to the public and the County shall outweigh any negative impacts.

Bob Waters stated people are part of nature, and have been chosen to protect and manage the land, wildlife and natural resources. He stated Brevard County is in the top 20 counties for Florida for pollution according to the EPA; and requested the Board look at other counties and states that have been forced to take drastic measures to correct things, or have lost federal assistance due to pollution problems. He recommended the Board take drastic measures now to prevent the same thing from happening in Brevard County.

Robert Colvin stated he wants the water and air to be safe for the children of the area; and recommended the County not allow any industry to come into the community and pollute any more than what has already been polluted. He commented on the power companies on US 1, the role of the federal government, and trust in elected officials.

E. M. Loyless, consultant to Constellation Power Development, advised of questions industries ask when seeking a site; and stated he has never been asked whether it is a hard or easy place for environmental rules. He stated a new plant has to meet all federal and State standards; and industries want to know if the rules are certain and fair. He stated if the Board decides it needs new rules, it should make them certain, so someone wanting to build will understand what the rules are and know that they will not change, and make them fair. He stated it would be fair to make existing industries also meet the rules.

Neal Ridenour stated he would like the rules to help keep things clean; expressed concern about heavy industry and smoke; and recommended the rules protect the environment.

Dolores Tumlin advised of her heart and breathing problems; and requested the Board?s consideration to keep something like the power plant from destroying the area.

Leonard Spielvogel, Attorney representing Oleander Power, stated there are a lot of sincere people who are concerned about what is happening in the County and what Oleander Power proposes to

bring to the County. He stated they have made an effort to contact the people to dispel their concerns about Oleander Power; it is a clean industry; and Pittsburgh is clean in large part because technology has changed. He stated the power plant industry has changed; and it is important to distinguish between what Oleander proposes to bring to the County and what the County presently has. He stated the recommendation is to move everything into IU-1; but his client optioned property that is IU, and has spent a considerable amount of money in reliance on the laws that exist in the County. He stated if the County proposes imposing performance standards, that makes sense; but to say the plant has to move into IU-1 when he has IU property is saying the County does not want Oleander Power in this County; and the Board should not be sending that message. He stated the Board?s concern should be that Oleander Power is a clean industry and a credit to the community; there is pollution in the County mostly as result of automobiles; and recommended there be an upgrading of automobiles to cut out emissions. He recommended the Board come up with performance standards, look at some of the industries that are presently in the County, and insist that companies comply with the Federal Clean Air Act within a certain period of time. He noted Oleander Power does not emit smoke from its facility; and requested the people invite them to speak to them to show them what the project is all about so they will not think all power plants are alike. He stated there are all kinds of power plants, and the one they propose to bring to the County would be a benefit to it, if only because of the amount of taxes it will bring to the County.

Chairman Scarborough stated there is no mention of a single site or industry in the report before the Board.

Rick Wolfinger, Project Manager of the Oleander Power Project and Vice President of Constellation Power Development, stated he wants to talk about power plants and their intensity for development and the proposed thoughts of IU and IU-1; advised of the changes in the steel industry since the 1960?s; and compared the situation with the steel mills to the situation with the power plants. He stated there are a lot of power plants around; some have high intensity, while others have low intensity; and high intensity power plants that the Board may want to consider putting in IU-1 are coal-fired power plants or waste-to-energy plants. He stated other plants have low intensity, and the proper zoning for them is IU; and those are the gas-fired, combined cycle plants. He noted he is not saying the waste-to-energy and coal-fired plants are not clean as they have to meet federal laws; but the gas-fired plants with a backup of light sulfur oil are considerably cleaner than the other plants. He suggested the Board not lump all industries into one classification; gas plants are clean industry; they are a good business for the County; and that is the right way to look at zoning.

Chairman Scarborough stated there is a concentration on power plants; however, there could be an area that has a pulp mill, and the property values would be less because of the smell; and there are a lot of things beyond just this type of pollution. He stated staff has been asked to come back with the whole gamut for the Board?s consideration; and advised it would be a mistake to only concentrate on power plants.

Robert Knodel stated he concurs the Board needs to take a look at the future of the County and the pollution issues; and inquired what will the County look like 50 years from now. He stated the Board holds in its hands the decision making process to insure the future of the County; and it has three options, to improve the standard of living, maintain the standard of living, or begin a decline. He stated the County enjoys clean air and water and a standard of living that is the envy of other states;

Central Florida is the number one vacation destination; and recommended having future generations look back on this generation as one that works unselfishly to preserve the environment for future generations to enjoy.

Richard Zwolak stated he has been a practicing planner in the State for approximately 20 years; and he is familiar with government programs. He advised of the history of federal environmental programs beginning in 1969; and stated the federal government through the Clean Air Act and Clean Water Act are imposing more stringent requirements on both existing and new facilities. He noted there are new ozone and particulate matter standards coming out; the State has embraced federal programs; and the State?s SO₂ standards are more stringent than the federal level. He advised of development of the Growth Management Act and comprehensive plans; and stated there is a significant amount of control. He advised Hillsborough County enacted its own regulatory program; it regulates air, water, waste and wetlands; the total cost is approximately $10 million; and it has a staff of 160. He stated the fees from the program only generate approximately 20% of the cost; and a lot of the cost comes from the general coffers, with an occasional grant. He urged caution as the Board moves forward; and stated in many cases, there has been a net improvement in the environment based on the obligations of the State and federal government.

Philip Nohrr, representing Florida Power & Light Company, stated FP&L is following the process; and the Area Manager Mr. Sanderson, and the local Plant Manager, Mr. Franklin are present. He stated they are interested in watching the process go forward; as it affects FP&L?s operations, they will have concerns; and they will participate in the process as the Board allows.

Roger Heinig stated he does not live near any existing or proposed County industrial area; but expressed concern about the issue, which is a quality of life issue. He commended staff for its job identifying considerations; and suggested it would be appropriate for the Board to consider the applicant?s history of compliance with regulations elsewhere. He stated the problem is more complex than most people suspected when the moratorium was enacted; and staff has identified concerns with air pollution, the comprehensive plan, safety, welfare, aesthetics, and economic interests. He stated the comments of two of the representatives of Constellation Power were interesting this evening; and the Board should give them careful heed. He stated Mr. Loyless spoke of the need for certainty in environmental regulations; Mr. Spielvogel spoke for retroactive regulations; and the Board would be advised to put into the regulations today clear notice that future regulations may become more stringent as the technology arises to serve them. He stated the Board has been taking a leadership role in assuring that the County will continue to be a desirable place for people to live; it will be difficult for staff to complete the job that is desired in 120 days; and urged the Board to extend the moratorium to 180 days to give staff the time to do the job right.

Commissioner O'Brien commented on the beauty of various areas in New Jersey. Chairman Scarborough stated it shows that local communities can stand out and demonstrate that they are unique.

Mary Tees stated pollution in Brevard County is pervasive; it is visual; and it is in the groundwater as well as the Indian, Banana, and St. Johns Rivers. She stated in Florida there are pockets of major pollution at such levels that the EPA has mentioned one Pensacola neighborhood with 358 homes as the third most costly site for pollution in the United States, only behind Love Canal and

Times Beach. She read aloud from Florida TODAY, concerning cancer clusters found in St. Lucie County; advised of similar clusters in Tom?s River, New Jersey where the groundwater was found to be contaminated with chemicals; and inquired if this is the legacy being left to the children. She advised of petrochemical industries in Louisiana which have led to air pollution; and stated it is the Board?s opportunity to decide where the County will go. She stated the County has magnificent beaches, three rivers, and has spent millions on EELS lands; and inquired what good is it if there are industrial pollutants. She read aloud from a pamphlet from the Center for Excellence for Sustainable Development; and stated industry will only have reached full potential when all waste has been eliminated. She stated industry expects the best out of its employees, does not want to have a bad product coming off the line, and does not want any inventory; that is great, but the people do not want any pollution; and if industry can do one, it can do the other. She requested the Board look at the people?s needs and wishes; and stated the Board has to make its decisions based on what the voters want.

Ann Stacer stated the comments she was going to make have already been expressed.

Kim Zarillo, representing Partnership for a Sustainable Future, stated the group supports the Board in its efforts to develop regulations; requested the Board consider the combination of Options 1 and 3; and stated she agrees with including provisions for bringing existing businesses into compliance. She stated there is an item on the questionnaire of whether to investigate the value of properties; in other states industry is located near poor neighborhoods; that is not the same thing as looking at the value of properties before and after an industry; and commented on redlining and environmental equity.

Chairman Scarborough inquired if Ms. Zarillo is saying some places allow industry into poor neighborhoods, while better neighborhoods have political clout that insulates them; with Ms. Zarillo responding yes, that seems to be the problem in some communities in Louisiana and other parts of the country.

Loren Kaufman, representing Coryi Foundation, Inc., advised of the company?s research of bobcat viability east of the St. Johns River, loss of habitat, and possible extinction of the species. She noted there are no legal measures for protection of wildlife corridors and large scale conservation needs have not been made a priority on the County?s environmental agenda; and advised of existing misconceptions concerning size of habitat, mitigation of environmentally sensitive lands, and committees being uninformed about conservation issues. She advised of lack of large scale connectivity and protection of contiguous areas of habitat; and proposed an amendment be made to land development regulations subjecting all proposed development to an assessment of how development will affect the movement and persistence of animals, and how such development could destroy vital corridors or weaken demographic stability of known corridors. She distributed information on the studies.

Rev. Vernessa Watson expressed opposition to the power plant; and requested the Board consider the concerns of the people.

John Morian inquired if the zoning for the proposed power plant is light industrial; with Chairman Scarborough responding yes. Mr. Morian inquired if a power plant would be heavy industrial; with Planning and Zoning Director Mel Scott responding the proposed site is zoned IU which is light industrial, and power plants are currently permitted in that classification. Chairman Scarborough stated this has raised the question of what else could go into the different zoning classifications. Mr. Morian stated he understands this has gone beyond the question of the power plant. Chairman Scarborough stated if it were not for the request for tax abatement, there would have been no hearing before the Board because a power plant can be put in light industrial zoning; and the question is what else can come in. Mr. Morian noted where there is a chimney, there is generally smoke.

Helen Steinberg advised of the unique qualities of the State that draw people; and stated without clean air, pure water and peaceful quiet, the uniqueness will no longer exist. She stated without controls, Florida will become like other smog shrouded places where no one wants to live; and she hopes the Board will continue to work on this so the County will retain its natural beauty.

Juanita Barton stated she lives in East Mims; there is a plant near the community; and her mother and brother died of cancer, and her sister and nieces are cancer survivors. She stated she cannot afford to lose any more of her family; and requested the Board carefully consider what regulations and ordinances need to be put into place.

Clarence Rowe expressed opposition to the power plant; and commented on the lack of outreach to the people. He explained why the plant would not be beneficial to the County; and recommended the Board consider the impact to the health of the residents, particularly the seniors and those with respiratory problems. He stated the Board needs to insure that nothing comes in the back door; and noted if it were not for one or two people finding out about the power plant, there would not be an ordinance tonight. He commented on the power company profiteering off the citizens, polluting the community, and upsetting residents; and stated staff needs to come up with some things to separate light industrial from heavy industrial and to insure environmental justice. He advised of the disposition of complaints to the EPA since 1993; and stated the Board needs to think about what is being done that will impact growth and development of the community. He stated Ms. Barton has serious concerns; pollution does not discriminate; and where contamination falls should be studied. He stated the Board should examine the record of the company?s operations in other cities; the County is looking forward to bigger and better developments; and advised of the need for clean air, etc. He stated the public should always be made aware of anyone coming in to the community requesting a license that will impact the community; proper notices should be sent so people can voice their concerns; and nothing should come through the back door. He requested everyone opposed to the power plant stand; with a majority of the audience standing.

B. B. Nelson stated he has been a resident of the County for 42 years; one of the biggest assets of the County is the brainpower of its residents; and he can think of nowhere else that can say it landed a man on the moon and brought him back. He recommended staff come up with positive solutions that will provide future jobs; outlined the acreage of the County, the improved industrial areas, and government properties; and inquired how much pollution is coming from the government. He stated the Board must continue to look at how many jobs are being created by government versus private industry, how much the County is dependent on government, and how much more the people can be taxed for growth of government; and advised the value of government land is $3,930,984,960 versus the just value of industrial property at $400 million. He noted there is not a large amount of industrial activity in the County; some of it is creating pollution; and he would like to correct that. He advised of the location and environment of his home; and stated he will do his best to protect the
environment which he enjoys. He stated the just value of the entire County is $21 billion; the taxed portion is $13 billion or just about half; and the government produces a lot more pollution than the citizens do. He recommended staff make suggestions about the types of industries it would like to have; stated the remaining undeveloped industrial property is 7,790 acres; and in writing the ordinance the Board should not create so many problems that no one will be able to come and build a decent plant.

The meeting recessed at 7:25 p.m. and reconvened at 7:40 p.m.

Chairman Scarborough stated Mr. Jenkins just mentioned that the Commissioners need to refine their goals and get back to him by next week.

Chairman Scarborough stated the question becomes with the expanded scope; and requested the County Attorney address what is a reasonable time for the moratorium. County Attorney Scott Knox advised there is some legal authority to the effect that if the Board is considering a moratorium on an issue as broad as the one being considered, six months would not be an unreasonable period of time; and it could be expanded 180 days without any problem. Chairman Scarborough stated 180 days would throw it into June, 1999; this is a big issue which touches on more and more ideas; he would like to have an evening meeting in July; and inquired if that would have to be advertised; with Mr. Knox responding yes. Chairman Scarborough stated the Board can discuss extension of the moratorium at a separate meeting; with Mr. Knox responding that would be before the final meeting on the ordinance. Chairman Scarborough stated it would have to be re-advertised; an extension of the current moratorium would have to be discussed; and it would be wise to see something in July at a single-issue meeting. Commissioner O'Brien suggested having it at the night meeting. Chairman Scarborough stated if there was nothing else at the night meeting, it could be done in July; and requested staff come back to the Board on Tuesday with some ideas. Commissioner Higgs inquired would that be with the ordinance; with Chairman Scarborough responding no. Chairman Scarborough stated when he was meeting with staff, they talked about the effect of pollution, for instance from pulp mills, on property values, and whether there is knowledge of what went wrong or right in places like Philadelphia; there is no ability to just open and book and have all that information; and it will not be possible to get a product in a short time frame. He stated he does not want to go into a public hearing without having the material for at least a week or two and having the opportunity to have discussions with staff. Commissioner Higgs inquired if the first public hearing and discussion will not be until July. Chairman Scarborough inquired if staff could come back with something in 30 days. Assistant County Manager Peggy Busacca advised it would help staff to know the broad issues the Board would like to look at. Chairman Scarborough stated the Board wants to look at all the things; constituents are bringing different ideas; and soon they will fall into broad classifications of health, safety, welfare, aesthetics and economic interests. He stated the Board will be able to talk about transportation, disability, high tech industry, and high level pensioners; and noted the relationship between good rules and higher values, lower taxes, and better services. He stated he would like to go through each of the items and see how each should be integrated.

Commissioner Carlson suggested the Board address each issue in turn, determine what the Board wants to do, and then set an extension on the moratorium.

Chairman Scarborough stated he cannot discuss issues a and b until he sees what things will adversely affect health, safety, etc.; it may not be what is in the current Ordinance, but what is not
there that exists in an ordinance in another city; and the Board should not write a law just to write a law, but to create an environment.

Ms. Busacca stated it may be difficult to discuss the specific uses in IU and IU-1 if the Board does not know some of the potential impacts; staff can do a research project to identify what some of the impacts could be for some of the uses; and that could be brought back in parallel with some investigation of some of the other issues listed in Attachment C. She stated if the Board, for instance, wanted to discuss having a local air quality program, that would take some time to fully investigate and come back to the Board; but it could be done at the same time staff was investigating the types of uses and potential impacts; and suggested the Board advise staff of those things in which it is most interested so staff will spend its time researching those issues.

Chairman Scarborough stated staff has visited a power plant, and that was disconcerting because the discussion had moved beyond a power plant to all kinds of things; there is a danger in getting the same type of things; staff could look at the areas which are ahead in handling problems and come back with information; and the Board could define before getting input from staff. He stated staff will put together a product; the Board will get input; and it will have to throw everything out because there will be things it did not think about.

Commissioner Higgs stated she is interested in all of the issues that have been identified; she is particularly interested in setting up standards in regard to noise, air and clean water; and what she hears from the people is a fundamental concern that standards be set regardless of the kind of development so that air quality standards are met, water quality is preserved, and drinking water is not damaged. She stated clear performance standards need to be set in an ordinance to allow regulation beyond what would be an IU or IU-1 activity; and even the most intense industrial site should not create dirty water or air. She stated she wants to see an overall look at those kinds of performance standards, then look at whether they can be done, and then look at IU and IU-1 and other kinds of zoning categories. She stated the overriding concern is how to insure long-term what the community will be; those are difficult issues to deal with; and if they can be addressed overall, then the Board can look at the industrial categories.

Commissioner O'Brien outlined what is included in Attachment A; and stated what is not being addressed is what drove this issue which is size. He noted under conditional uses it shows explosives and fireworks manufacturing and storage; but on SR 520 there is a fireworks store which is not in an IU or IU-1 zone, but is a commercial store. He stated there are some inherent faults within the definitions; quite a few definitions are lacking as the County moves into the more modern computerized era; and inquired where is the County going to accommodate industry. He stated the County is searching for clean industry; industry does not have an inherent right to allow smoke, vapors, chemicals, etc. beyond its property lines or to pollute the water; and if the Board is seeking solutions, it needs to take its IU and IU-1 lists and make them more comprehensive while defining small, medium and large industry. He stated under IU a bottling and canning works is allowed; he pictures Campbells Soup with a huge factory; but inquired what about a small canning operation canning local honey. He stated there has to be something comprehensive defining the issues so that good people are not upset when the County allows a factory that is very large; and definitions are needed to put things into focus.

Chairman Scarborough stated the discussion has been about harmful effects; it appears to be more than just classifications and moving things around; and it will be necessary to discuss the net effect on the community.

Commissioner Voltz stated she agrees with what Commissioner Higgs was saying; she is from Pittsburgh, which had Heinz 57 in the middle of it; and there was a lot of pollution. She stated staff has done a good job in coming up with criteria and performance standards; but this only deals with the one issue of power plants. She inquired what else might have been missed; stated there is nothing to deal with a nuclear waste plant; and it might not be necessary to deal with things individually if the County develops decent standards for the community, air pollution, etc.

Commissioner O'Brien advised of how nuclear waste could be generated by a small company hired to take the faces off clocks with glow in the dark dials.

Commissioner Carlson stated she agrees with performance standards; but staff is looking for the scope of work the Board is requesting, and the Board has not defined that specifically. She inquired what is the Board asking staff to do. Commissioner Higgs stated the Board is asking staff to make suggestions on ways to regulate emissions from any industrial site or other site in regard to key criteria such as air, water, noise, smell, etc.; and what the Board wants is to establish a program to insure that performance standards are set, measured and enforced. She stated they are also looking, in response to what Commissioner O'Brien was saying, for suggestions by staff for other changes or amendments for IU and IU-1 categories. Commissioner Carlson stated what she is hearing is that the Board agrees to include all aspects that have been brought out and issue C, including noise, fire safety, amortization, etc.; and inquired if the Board wants everything included; with Commissioner Higgs responding yes. Commissioner Higgs stated she wants to include existing and future plans and an amortization possibility for those; the Board has run into difficulty expanding the use of conditional use permits; it has not been highly successful in defending its position in court when it has turned down conditional use permits; and unless the County Attorney can come up with language that will put the Board in a strong position, it should look at making many of those uses permitted or permitted with conditions or some sort of special category. She stated there are ways the conditional use permit can be more effective; and it is an important discussion for the Board.

Commissioner Voltz stated there is an inherent problem with conditional use permits; if a company meets every one of the conditions, the Board has to grant the permit; it is required to have a public hearing for the public to provide input; but it is like a slap in the face to the general public because the Board has to grant it. She stated it would be much better to go ahead with the permitted uses and make the uses known; and that way everyone would know what they need to comply with. Commissioner Higgs stated the conditions should be strong in terms of buffering and there should be strong performance laws in regard to other critical issues; that gives the public an expectation it can count on; and it makes clear what the County is going to be measuring for. Commissioner Voltz inquired if Mr. Knox has an idea about the conditional use permits and how they could be strengthened. Mr. Knox stated he proposed some standards to staff; and staff will be bringing them back as part of the Comprehensive Plan amendments.

Chairman Scarborough stated Ms. Barton showed him around East Mims and shared her story; and he suggested she come because the Board needs to hear about people dying because of industry.

He stated a lot of times it may just be a pulp mill that means you cannot sell your property for half
the value because of the smell; there are unique twists and turns to what is good and bad; and it is unfair to staff to put things here or there and say the problem is taken care of. He stated every time he talks to someone he finds something else the Board needs to look at; and suggested giving staff a breathing spell and asking the public to call in. He stated he does not want to act until he knows all the nasties that are out there; industry can be unique; and a lot of times if there are higher standards, industry will meet the higher standards, so the County will still have the industry, which could be win/win for everyone.

Commissioner Voltz stated the Board does not want to bring clean industry in and allow the existing heavy polluters to destroy the air; the existing polluters do not have to comply with anything; and commented on the need for amortization. Chairman Scarborough stated it is a complex issue which may be a County Attorney issue. Commissioner O'Brien inquired if a motion is needed to do that.

Motion by Commissioner Higgs, to direct staff to come back in 60 days with a description of recommendations on changes to the IU and IU-1 categories with a description of a standards program that would go across all industries and businesses, and look at the amortization issue as well as the conditional use permit.

Commissioner Higgs stated after the Board has its first discussion, it can decide whether to do more in a workshop or have further discussion, but it should try to look at it in 60 days.

Chairman Scarborough stated his concern is whether the Board is going to have a discussion on moving names in a classification or is it going to talk about what has gone wrong. He stated there are people doing internet searches who can begin to tell about the harmful things; and he would like to look at the nasties before he begins looking at the legalese. Commissioner Higgs noted she has already received materials. Chairman Scarborough stated he received a couple of things from people that have been done in short order; staff has not gone through and set out a list of things to worry about; he does not like to create laws just to create laws, but because there is a reason to create the law; and nobody has clearly provided the reasons. He stated he has heard a couple of the reasons, but there are other things around; and he would like a list of things to look at. Commissioner Higgs noted she did not limit the number. Chairman Scarborough stated it is getting into the mechanics of creating a law before talking about the problems. Commissioner Higgs stated she did not quality the standards to air or water; and she is open to the suggestion of the nasties. Chairman Scarborough stated he wants to see whatever kills or hurts people; entities should not come in and harm others within the community; and if an industry is put in an area that is bad, other industries will not move next to it. Commissioner Higgs stated she would like staff to bring those back in 60 days; but the Board needs to be careful in being so broad in its attempt that it does not get anything done. Chairman Scarborough stated that is why the Board needs to have a list of the nasties; and suggested getting a list of definitions of nasties in 30 days so the community can get involved and express their concerns. He stated Commissioner O'Brien made an excellent point regarding size; and a smaller plant could be louder than a bigger plant. Commissioner Higgs suggested the Board also look at additions, deletions or changes in IU and IU-1. Chairman Scarborough stated he wants to define the nasties first; and until then he is at a loss as to how to create an ordinance. Commissioner Higgs inquired if by nasties Chairman Scarborough is talking about things that harm health, safety, and welfare; with Chairman Scarborough responding it could be coming in any way.

Commissioner Carlson stated the Board needs to identify those that exist in the County now. Chairman Scarborough stated that was not his intent; what is concerning the people is there may be a migration as certain things occur in other areas of the country; and if Florida is weak in its ordinances, there may be growth in not only high tech industry but also a move of the nasties.

Commissioner Higgs inquired if the Board would like another motion.

Commissioner O'Brien stated the Board is approaching this by making a list of specific industries rather than approaching IU and IU-1 from a descriptive context; and suggested talking about performance standards, size and volume of pollutants. He stated rather than saying IU is not a paper pulp mill, it could say that IU does not allow odor.

Chairman Scarborough stated the Board has attempted to address people working on computers in their homes, allowing the home to be the business; there has been discussion about allowing vacant stores to become industrial complexes where it will not impact the streets so much; and what the Board needs to talk about is what is wrong, rather than limiting people?s capacity to do business. He stated if there is nothing wrong with it, the Board can allow the business in someone?s home or in the middle of town in an abandoned storefront because it will not harm anyone; the Board is talking about impact on the community; as a business gets louder with more truck deliveries, etc., it begins to get into heavier industrial; and there are certain things that are unacceptable in the County. He stated he does not know if he is ready to put things into categories until he gets a report from staff that spells out the problems experienced in Florida, New Jersey, Cleveland, etc. and what kinds of problems occur with what kinds of industry. He stated his constituents want that so they can provide input before the Board goes any further.

Commissioner O'Brien stated he was trying to get to an alternative method of attaining the goal rather than the current methodology that is obviously faulty. He suggested going to general descriptions rather than specific industry standards. Chairman Scarborough stated he likes that. Commissioner Higgs suggested getting the list in 30 days. Chairman Scarborough stated he wants a list of all the nasties. Commissioner Higgs stated initially the Board wants a report from staff on the public health, safety, welfare issues that have been apparent in other communities; with Chairman Scarborough advising he wants to include aesthetics and economic interests too. Commissioner Higgs stated that is part of the public welfare; and the Board will get the report in 30 days, discuss it at the meeting, and move from there. Chairman Scarborough stated at that point he will be able to go further with the definitions Commissioner O'Brien is talking about; and the public wants to participate before the Board starts designating what will be in IU and IU-1. Commissioner Higgs inquired if as part of the report on jeopardy factors, staff could also describe ways the Board could address them. Chairman Scarborough stated that would be great, but it does not necessarily have to be at the same time. Commissioner Higgs suggested moving this along so it does not take forever; with Chairman Scarborough advising the way to make it move is to take little steps. Chairman Scarborough stated the community could buy off on things and how it wants the County to look; and from there the Board could get to staff to recommend the best way to implement. Commissioner Higgs stated that can be part of the 30-day report. Chairman Scarborough inquired what if the Board puts down the nasties, and then at the meeting the people present 20 more nasties; with Commissioner Higgs responding that is okay, but at least for the first set of pollutants, the Board would know how other communities have solved the problem. Chairman Scarborough indicated he does not want to jump ahead of the public as the public is part of this.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to direct staff to investigate the public health, safety and welfare issues, including aesthetics and economic interests, that have been apparent in other communities and how they have been addressed in those communities; identify jeopardy factors; suggest ways the Board can address those jeopardy factors; and report to the Board in 30 days.

Commissioner Voltz noted in Jacksonville and Savannah there were paper plants that used to smell horrible, but do not smell as bad; and the Board needs to find out how other areas solved their problems. She stated there may be more current standards than the County knows about; the County does not want paper plants unless there is zero smell; and the Board needs to know how things are being addressed currently.

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

Commissioner Voltz inquired if staff understands what it is supposed to do; with County Manager Tom Jenkins responding he will confer with the Chairman. Chairman Scarborough stated staff knows what it is to do; with Commissioner Higgs advising it is pretty clear. Assistant County Manager Peggy Busacca stated staff will work to identify the jeopardy factors and then the industries that would be related to those jeopardy factors, although if the Board is headed toward performance standards, what really matters are the factors rather than the industries. Chairman Scarborough stated it should be the factors. Ms. Busacca stated staff will identify the standards that could be utilized that would make sense, and then investigate other communities that utilize performance standards to see how those work; and that would be a very different form of Code enforcement. Commissioner Higgs stated the Board is looking for ways other communities solved their problems. Ms. Busacca stated staff will begin with the jeopardy factors and then move into what kind of performance zoning has worked in other communities. Chairman Scarborough indicated desire to have the report at least a week before the meeting so the public can have the material in advance of the meeting.

Commissioner O'Brien stated comments were made about the need to reduce pollution in the County; and the County should make existing industry meet the new standards; and Commissioner Voltz?s amortization question is an important one that should be researched.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to direct the County Attorney to investigate and find an avenue for the Board to amortize the pollution created by OUC and FPL and have that corrected.

Commissioner Higgs stated it should not be limited to only the two industries. Chairman Scarborough stated anything that is not in compliance with what the Board creates should have an amortization to bring it in line. Commissioner Voltz stated the Board does not know what kind of problems it may create by doing that. Chairman Scarborough stated the County Attorney will be working simultaneously on that issue while staff is working, and this will come together at a particular point. Commissioner Voltz inquired if FP&L is amortized and goes out of business, what will happen to the plant. Commissioner Higgs stated FP&L would have to comply with the requirements.

Commissioner Voltz inquired what will happen if the company is unable to comply with the requirements and shuts its doors. Chairman Scarborough stated there have been occasions when OUC was burning one fuel and FP&L was burning another, and it was obvious two different fuels were being burned; and maybe it is not a problem, but these are things that need to be investigated. He stated his concern is getting the technical means of cleaning up; and the Board has said it wants to look out for the nasties that are coming in, and wants to make it retroactive, if possible, with amortization. Commissioner Voltz suggested getting the history of the applicants coming in. Chairman Scarborough stated that may be a separate issue; and suggested going ahead with amortization first.

Mr. Jenkins stated staff will need approximately four weeks to research. Ms. Busacca stated the jeopardy factors are relatively easy to research and get thresholds; but researching how performance standards work in other communities will take more time.

Chairman Scarborough suggested getting the jeopardy factors out as soon as possible; stated the County has people from all over the world who can participate in this discussion; and if they get the information out and it is discussed, then there will be a more complete product rather than having to table it for staff later on. Ms. Busacca stated staff can provide that information in two weeks which would be two weeks before the next meeting.

Chairman Scarborough called for a vote on the motion dealing with amortization. Motion carried and ordered unanimously.

Chairman Scarborough inquired if the Board wishes to make a motion regarding the moratorium.

Motion by Commissioner Carlson, to extend the moratorium for 60 additional days for a total moratorium of six months.

Commissioner Carlson inquired if that is good enough; with Chairman Scarborough responding no. Ms. Busacca stated May 14 is when the moratorium expires; and Mr. Knox is suggesting a total of six months. Commissioner Carlson inquired if that is on top of the current moratorium; with Chairman Scarborough responding no, the County Attorney advised the Board could withstand a legal challenge up to six months, but staff has said taking it out to August is sufficient. Ms. Busacca stated May 14 is when the moratorium expires; so if the Board is approving an additional 90 days, that would be August, which would be a total of six months as the County Attorney is advising.

Chairman Scarborough suggested a special meeting in July to begin to put things together. Ms. Busacca advised staff can come back to the Board; this will be put through the Local Planning Agency in March; and it could get through before the May 14 deadline. Chairman Scarborough expressed doubt about making the May 14 deadline. Ms. Busacca stated that is when the moratorium expires; and the Board has to extend it an additional 90 days beginning on May 14.

Discussion ensued on extending the moratorium now, 60 days versus 90 days, the LPA process, intent to extend for 60 days, and not waiting until it expires to start the process.

Mr. Jenkins advised there is a night meeting on July 20, 1999. Chairman Scarborough suggested holding an evening meeting in July; and if there needed to be some fine tuning, the moratorium could be extended for another week to allow for the public hearing to be continued. He stated this is one of the most encompassing things he has touched since coming on the Board; and he does not want to say it will be done by July 20, because it may not be done. Mr. Knox advised that can be covered in the moratorium ordinance.

Commissioner Higgs inquired if Commissioner Carlson made a motion on the extension; with Commissioner Carlson responding it did not get a second. Discussion resumed on the extension of the moratorium. Mr. Knox stated if the Board extends it for 60 days with some flexibility built into the ordinance, staff can take care of the language and bring it back to the Board. Commissioner Voltz inquired if the Board could extend another 15 days; with Mr. Knox responding if it had to continue the public hearing to another meeting or something.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to direct the County Attorney to prepare language providing for a 60-day extension of the moratorium on power plants with some flexibility to allow for continuation of the public hearing. Motion carried and ordered unanimously.

Commissioner Carlson stated there is a question about extending the moratorium and including the time the moratorium encompasses, and how to address whether that should apply to all applications coming in for permitting on IU and IU-1. Chairman Scarborough stated it applies to everyone. Commissioner Carlson stated the original application was for a power plant. Mr. Knox stated the Board can expand the scope of the moratorium now too, but right now it is just for power plants. Chairman Scarborough stated that is not the way it should work because the Board is talking about everything. Mr. Knox stated the Board needs to expand it to industrial. Commissioner Voltz inquired if that is all industrial; and stated that is going to be a problem. Mr. Knox suggested expanding it to jeopardy factor industrials. Commissioner Voltz advised this will shut down any new industry coming in. Chairman Scarborough suggested the Board handle this issue at its next meeting on February 23, 1999. Mr. Knox noted staff has to bring the ordinance back to the Board at that time anyway.

Upon motion and vote, the meeting was adjourned at 8:27 p.m.

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ATTEST: TRUMAN SCARBOROUGH, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

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SANDY CRAWFORD, CLERK

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