The Board of County Commissioners of Brevard County, Florida, met in special session on October 24, 1996, at 2:45 p.m. in the Government Center Florida 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, Assistant to County Manager Peggy Busacca, and County Attorney Scott Knox. Absent was: *County Manager Tom Jenkins.

DISCUSSION, RE: EVALUATION AND APPRAISAL REPORT, VOLUME II

Planning Manager Mel Scott advised of the purpose of the Evaluation and Appraisal Report (EAR).

Conservation Element

Mr. Scott advised the EAR looks at the resources in 1988 compared to 1996, the objectives, measurable targets, and the successes, opportunities, and emerging issues.

Commissioner O?Brien read aloud a section on soil conservation.

Surface Water Element

Mr. Scott advised of issues which have been identified with the Indian River Lagoon, the St. Johns River, and Lake Washington.

Commissioner O?Brien advised the report indicates the overall condition of the Indian River Lagoon has not changed; with Mr. Scott advising the tide has shifted so that degradation is slowing. Discussion ensued on the slowing of degradation in the Indian River Lagoon.

Recreation and Open Space Element

Mr. Scott advised the EAR identifies what is existing and the change in service areas; and the focus is on what was added to the inventory.

Discussion ensued on where the standard of three acres per thousand people came from. Ms. Busacca advised of the rationale for the standard and the intent.

Commissioner Scarborough inquired about the difference between 1 and 3; with Planner Todd Corwin advising of the change in level of service. Ms. Busacca elaborated on the reason for the standard, what was included to meet the standard in 1988, and what is included now. Discussion ensued on the level of service issue, how the numbers were set, acceptable minimum standards, achievable levels of service, lack of scientific numbers, options to deal with falling below the levels of service, and use of demographics in establishing park needs. Mr. Scott advised the update will re-evaluate the level of service process. Chairman Cook inquired if the level of service includes passive and active parks, but not those in municipalities; with Mr. Scott responding affirmatively.

Housing Element

Mr. Scott advised the EAR provides a housing stock analysis.

Commissioner O?Brien advised of buyouts of phases of developments which are then declared to be affordable housing; and stated the Board expressed the opinion it does not want to warehouse people in apartments.

Chairman Cook inquired about the housing projection formula; with Mr. Scott advising of the guidelines for affordable housing.

Discussion ensued on changes in the formula, percentage of mobile homes in coastal and interior counties, affordable housing on the intracoastal waterway, rezoning of trailer parks, sources of data used to assess affordable housing, and comparison of 1988 and current figures.

Coastal Management Element

Commissioner Higgs advised of a report from Robert Sheets on damage from Hurricane Opal; and advised of things to be used by coastal counties to minimize damage. She noted the report advises flood insurance will not cover the cost of rebuilding and there will be little payment for wind-related damages.

Commissioner O?Brien advised of difficulty in getting insurance on any structure within 1,000 feet of the ocean or rivers. Ms. Busacca advised of eligibility to be in the State insurance pool. Discussion ensued on dome housing, cost of insurance, interest of DCA in discouraging density in the coastal zone, and downzoning on barrier island.

Commissioner Ellis inquired where the line is drawn on the coastal zone; with Ms. Busacca responding everything which is the watershed of the Indian River Lagoon. Future Land Use Element

Mr. Scott described the writing format of the Future Land Use Element; and advised of problems with the Future Land Use Map.

Commissioner Ellis inquired about issues concerning over allocation; with Mr. Scott advising of DCA concern that by mapping, the County will be encouraging certain things. Mr. Scott advised the intent is to have a residential density map as a planning document that will closely mirror the census data projections; and the map will bring existing built-out developments in line with what they actually are.

Capital Improvements and Programs Element

Mr. Scott advised this Element has to be sent to DCA, and will hopefully be found sufficient so the County can do the update.

Commissioner Scarborough addressed the unresolved issue of sanitary sewer in Port St. John; noted the State has taken a posture on this issue; and inquired if one agency of the State can contradict another. Mr. Scott advised technically there is an outstanding non-compliance issue with DCA. Discussion ensued on whether DCA can usurp the authority of the Cabinet. Ms. Busacca advised this is not an unresolved issue in the Capital Improvements Element; it is part of the Sanitary Sewer Element, and should not be included within this Element; and recommended deleting the sentence.

Chairman Cook inquired about the rejection of the referendum and the 3% tax cap. Discussion ensued on the issue. Commissioner Scarborough advised it should not address referenda.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt the Evaluation and Appraisal Report, Volumes I and II, as amended, based upon thorough review of supporting data and analysis, careful consideration of the recommendations of staff, Citizen Resource Groups, Partnerships for a Sustainable Future, and the Local Planning Agency, and written and oral public comments received. Motion carried and ordered unanimously.

APPROVAL, RE: 50% OF HOTEL EXPENSES FOR MEMBERS OF TOURIST DEVELOPMENT COUNCIL SALES ACTION TEAM MEMBERS Bonnie King, Marketing and Public Relations Director, explained the proposed sales blitz to Orlando and the expenses involved. Assistant County Manager Joan Madden advised County policy requires Board approval for travel for non-County employees.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve funding 50% of hotel expenses for 22 members of the EDC Sales Action Team to accompany one TDC staff member on a sales blitz to Orlando from October 28 through 31, 1996. Motion carried and ordered unanimously.

The meeting recessed at 3:27 p.m. and 3:42 p.m.

*County Manager Tom Jenkins? presence and Ms. Busacca?s absence were noted at this time.

APPROVAL, RE: TRAVEL

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant permission for County Attorney Scott Knox and Water Resources Director Richard Martens to travel to Sarasota to meet with representatives of Florida Cities Water on November 17, 1996. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE EMERGENCY ORDINANCE, RE: FOWL AND MAMMALS

County Attorney Scott Knox presented a draft of an emergency ordinance relating to use of mammals or fowl for prizes at the County Fair.

Commissioner O?Brien explained the problems involved with giving out baby ducks or rabbits as prizes to children; and stated it is inappropriate and inhumane. County Manager Tom Jenkins advised initially the fair was willing to voluntarily comply, but there are contracts with vendors, and it is necessary to have a legal basis to prohibit the practice.

Discussion ensued on impact to other fairs, responsibility of parents, and mortality of animals.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to grant permission to advertise an emergency ordinance on fowl and mammals.

Discussion resumed on impact to church fairs and 4-H, whether fish and reptiles should be included, impact to vendors, previous action on diving donkeys, inhumane treatment of animals, parental consent, whether the ordinance should apply to minor children only, difference in animals in pet stores and those given as prizes, and sunset provisions.

Mr. Knox advised of the necessity to have four votes to adopt the emergency ordinance.

Motion restated by Commissioner O?Brien, seconded by Commissioner Scarborough, to grant permission to advertise an emergency ordinance on fowl and mammals to be considered by the Board at its meeting on October 28, 1996. Motion carried and ordered unanimously.

DISCUSSION, RE: NOVEMBER 12, 1996 AGENDA Commissioner Scarborough advised the subject of aquaculture leases will be coming up on November 12, 1996; and suggested giving the County Manager discretion to set up the Agenda for that meeting to limit the length of the meeting.

Discussion ensued on when Commissioner Ellis? successor will take office, details of the transition, and previous transitions.

Upon motion and vote, the meeting adjourned at 4:10 p.m.

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

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