April 29, 2003

The Board of County Commissioners of Brevard County, Florida, met in regular session on April 29, 2003, at 5:32 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairperson Jackie Colon, Commissioners Truman Scarborough, Ron Pritchard, Nancy Higgs, and Susan Carlson, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Pastor Jonathan Andrews, First Baptist Church, Barefoot Bay, Florida.

Commissioner Jackie Colon led the assembly in the Pledge of Allegiance.

RESOLUTION, RE: CONGRATULATING THE ISLAND DANCERS OF MERRITT ISLAND
HIGH SCHOOL

Chairperson Colon stated the Island Dancers of Merritt Island High School will be performing.

Commissioner Pritchard stated Kristy Irby is the Director and Coach of the Island Dancers; and commended Principal David Piccolo who is proud of the group’s accomplishments. He stated Principal Piccolo is moving onward and upward; but he is sure his replacement will have as much care and concern for Merritt Island High School. He commended the Island Dancers for what they have accomplished; stated they are a wonderful group of young ladies; and he understands they will be performing for the Board.

The Island Dancers of Merritt Island High School performed a dance routine.

Commissioner Pritchard read aloud a resolution congratulating the Island Dancers of Merritt Island High School and their coach, Kristy Irby, for winning the 2003 National Dance Team Championship in the POM and JAZZ Divisions.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution congratulating the Island Dancers of Merritt Island High School and their coach Kristy Irby for their outstanding talent, dedication, and commitment in bringing home to Merritt Island High School and Brevard County the 2003 National Dance Team Championship in the POM and JAZZ Divisions. Motion carried and ordered unanimously. (See page for Resolution No. 03-111.)

Commissioner Pritchard presented the Resolution to the Island Dancers of Merritt Island High School. Coach Kristy Irby expressed appreciation to the Board for the Resolution and to the parents and School Administration for their support.

RESOLUTION, RE: PROCLAIMING BREVARD COUNTY VOLUNTEER APPRECIATION
WEEK

Commissioner Higgs stated there is a wonderful group of people present as part of Volunteer Appreciation Week; and the County is very fortunate to have the services of the volunteers to the community.

Commissioner Higgs read aloud a resolution proclaiming the week of April 27 through May 3, 2003 as Brevard County Volunteer Appreciation Week.

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to adopt a Resolution proclaiming the week of April 27 through May 3, 2003 as Brevard County Volunteer Appreciation Week. Motion carried and ordered unanimously. (See page for Resolution No. 03-112.)

Human Resources Director Frank Abbate stated they are joining in the celebration throughout the nation honoring volunteer organizations and proclaiming this week as National Volunteer Week; the theme “Celebrate Volunteers-the Spirit of America” reflects the American tradition of neighbor helping neighbor; and it is a time to thank the millions of people who change the world by volunteering. He stated volunteers strengthen America by strengthening the communities; and he appreciates the opportunity to celebrate Brevard County Volunteer Appreciation Day. He stated they are present to thank, recognize, and express gratitude to the individuals who are participating as volunteers in one or more of the many volunteer programs in the County; throughout the year volunteers in the County have unselfishly given of themselves for such worthwhile causes as tutoring children and adults to read, building boardwalks at endangered land sites, responding to emergencies, organizing books, assisting the elderly, caring for animals, educating citizens on plants and families, teaching and coaching youth, recovering fishing lines from our waterways, and assisting in various County offices and Advisory Boards; and during the past year volunteers gave over 680,000 hours of their time to various County government volunteer programs. He stated according to the Points of Light Foundation this equates to over $10,900,000 of service contributed by the volunteers to the community, which is quite impressive; and expressed appreciation to the volunteers.

Paulette Davidson, Volunteer Coordinator, stated this is an exciting time; she gets a lot of pleasure out of honoring the volunteers; and on behalf of the combined County volunteer program, the volunteer managers, and the volunteers, she would like to present a check to the taxpayers representing over 680,000 hours that volunteers contributed.

Mr. Abbate asked all the volunteers to stand and be recognized; and requested everyone join him in thanking the volunteers for their time and commitment given to the community. He stated there will be a reception after the next presentation; and invited all volunteers to attend.

Commissioner Higgs presented the Resolution to Mr. Abbate; and expressed appreciation to the volunteers.

Commissioner Carlson stated the Board received a check for 680,831 hours, which is valued at $16.05 per hour and equates to $10,928,942.

PRESENTATION, RE: NATIONAL ASSOCIATION OF COUNTIES ACTS OF CARING
AWARD

Commissioner Higgs stated behind the volunteers are a group of professions who work in a special program to make the volunteer program better; and requested County staff who are part of the team to come forward.

County Manager Tom Jenkins noted a lot of the staff members have other responsibilities; and this is an additional duty they take on throughout the various County departments.

Commissioner Higgs stated in 1999 the County Manager’s office formed the Volunteer Management Team to help make the volunteer program more effective; the volunteers are wonderful resources to have, but it helps to have solid caring professionals behind them; and this team of professionals was honored by the National Association of Counties this year with the Act of Caring Award for 2003. She stated this is a recognition of the team’s efforts; expressed appreciation to the team; and presented the Award to Ms. Davidson.

A representative of the Volunteer Management Team stated this is a great team; they have worked together; and she is proud of what they have done. She stated the Act of Caring Award was a team effort; and recognized the efforts of Doris Davidson and Assistant County Manager Don Lusk.

Commissioner Higgs read the names of the Volunteer Management Team: Assistant County Manager Don Lusk, Richard Rice, Paulette Davidson, Judy Oyer, Mona Ray, Mike Knight, Nancy Smith, Leslie Gispanski, Jeri Prieth, Mary Scholtz, Trish Cooper, Camille Johnson, Trudy Martell, Susan Buchanan, Kari Sandy, John Kore, Fay Cushnie, Cheryl Page, Terry Lane, Karen Paulus, Marge Seifert, Hector Lopez, Patrick Ryan, Sally Scalera, Beth Shephard, Renee Gore, Connie Diller, Mary O’Neal, and Doris Davidson.

The meeting recessed at 5:54 p.m. and reconvened at 5:56 p.m.

RESOLUTION, RE: CONGRATULATING 2003 SPACE COAST SENIOR GAMES
COMPETITORS

Commissioner Pritchard stated the proposed resolution recognizes and congratulates the Space Coast Senior Games as well as founder Carol Beebe; and commented on various competitors including 90-year old Bunny Cederlund who will compete in the swimming competition and Les Rudy who will compete in the 75 to 79 age division of the 100 meter dash, pole vault, long and high jumps, and the javelin throw at the National Senior Games.

Carol Beebe advised the beginning age for competitors is the 50 to 54 age division. Commissioner Pritchard stated it is wonderful to have this program and for people to compete; and for someone who is 90 years old to be winning first-place medals in swimming is outstanding.

Ms. Beebe stated several of the event directors are present; there are a total of 17 athletic events within the Senior Games; it is a nine-day event with venues from Titusville to grant; and it is a true senior games. She stated the youngest competitor is 50 and the oldest this year were Bunny Cederlund and Jay Barnhart who are 90 years old. She stated they have over 1,350 competitors this year; 200 of those went to State competition; and approximately 150 will go on to national competition in Virginia. She requested all event directors come forward; stated the events would not be possible without them; and they are all volunteers. Commissioner Pritchard read aloud the names of the event directors. Ms. Beebe stated this year’s events will begin on November 8 and run to November 17, 2003; and thanked the Board for everything it does for seniors in the County.

Commissioner Pritchard read aloud a resolution recognizing and congratulating the Space Coast Senior Games competitors.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution recognizing and congratulating the 2003 Space Coast Senior Games competitors, and wishing them success in the 2003 National Senior Games. Motion carried and ordered unanimously. (See page for Resolution No. 03-113.)

Commissioner Pritchard presented the Resolution to Ms. Beebe.

PRESENTATIONS, RE: FIFTY-PLUS AND BRIDGING SCHOLARSHIPS

A representative of the Fifty-Plus and Bridging Organization stated the members of the group are all retired; and they work with the needy and try to bridge the generation gap. She stated Japhia Robinson won the Donavan Holder Success Scholarship, which required him to read the book Think and Grow Rich by Napolean Hill and write an essay on it.

Chairperson Colon stated Joanne Savage also won a scholarship. The Fifty-Plus and Bridging Organization representative advised Ms. Savage may be busy with schoolwork; she carried a 4.0; she was the first scholarship winner; and she graduates in June 2003. She stated Ms. Savage will be going to Florida State University on scholarship; and she hopes to obtain a law degree. She stated Jennifer Snyder from Bayside High School was a scholarship recipient this year; she has a 3.9 grade point average; and she hopes to be a kindergarten teacher. She advised of another scholarship winner who had the opportunity to go to Rome to play with the Chamber orchestra; and he attends the University of Alabama, but lives in Palm Bay.

Japhia Robinson stated he is a senior at Palm Bay High School; he is a Major in the ROTC Program; and advised of his future plans to attend Johnson and Wales University and serve in the U.S. Marine Corps. He thanked the members of Fifty-Plus and Bridging for their help.

Chairperson Colon stated there were four other gentlemen at this event; the others were not able to be here due to scheduling problems; but they had also achieved 4.0 grade point averages and were active in school activities. She stated not all young people are getting into trouble; and some are making the community very proud. She noted her husband was able to get his college education through the U.S. Navy.

RESOLUTIONS, RE: RECOGNIZING BREVARD COUNTY MARINAS AND BOATYARDS
THAT RECEIVED CLEAN MARINA AND CLEAN BOATYARD DESIGNATIONS

Commissioner Carlson stated she went to a Clean Marina/Clean Boatyard ceremony recognizing Manatee Cove Marina at Patrick Air Force Base; she did not know much about the program; but she wanted to recognize those marinas and boatyards in the community that were working as good stewards of the environment.

Charles Johnson, Clean Marina Coordinator, stated the Clean Marina and Clean Boatyard Program is a partnership through the Department of Environmental Program with the Marine Industry Association, as well as others including Brevard County; they work with marinas to get above and beyond the requirements for compliance; they offer a workbook and walk them through things they can do with waste management, shoreline restoration, and wide variety of items that can be addressed at marinas; and they work on a point system and offer rewards and grants through some of the EPA funding through DEP for sewage pump-outs and oil drum containers that can help the marina. He stated Vivian Garfein has been a strong supporter in the District, but has also been working Statewide in Tallahassee to make sure the program is recognized; and he is proud of the marinas in Brevard County.

Vivian Garfein, District Director of DEP, stated the boating industry is second only to the tourism industry in the State; the boating industry brings over $14 billion to the State; there are 2,000 marinas in the State, but to date only 60 have qualified; and Brevard County has five of those and two clean boatyards. She stated the Clean Marina Program stands for the principle that a clean and healthy environment go hand in hand with a healthy economy; and as boaters come to Florida, they look for the Clean Marina flag. She stated it is a wonderful partnership program; and thanked the Board for recognizing and bringing publicity to it.

Commissioner Carlson stated the issue is that more marinas need to acknowledge the fact that they can improve along the shorelines; there is so much shoreline in the County that it is great that the five marinas have taken it a step farther. Ms. Garfein advised there are more in the works, but five have already accomplished this.

Commissioner Carlson read aloud a resolution recognizing Kennedy Point Marina & Yacht Club, Cape Marina & Boatyard, Titusville Municipal Marina, Manatee Cove Marina & Boatyard, and Melbourne Harbor Marina for their achievement of “Clean Marina” and “Clean Boatyard” designations from the State of Florida.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to adopt Resolution recognizing Kennedy Point Marina & Yacht Club, Cape Marina & Boatyard, Titusville Municipal Marina, Manatee Cove Marina & Boatyard, and Melbourne Harbor Marina for their achievement of “Clean Marina” and “Clean Boatyard” designations from the State of Florida. Motion carried and ordered unanimously. (See page for Resolution No. 03-114.)

Commissioner Scarborough presented a Resolution to Kennedy Point Marina and Yacht Club. Ms. Wasdin introduced General Manager Greg Burgey; and thanked the Board. Commissioner Scarborough presented Resolutions to Cape Marina and Boatyard for their achievement of the Clean Marina and Clean Boatyard designations. A representative of Cape Marina and Boatyard stated they fly their flag proudly. Commissioner Scarborough presented Resolutions to Manatee Cove Marina and Boatyard at Patrick Air Force Base for achievement of designation as Clean Marina and Clean Boatyard. A representative of the Manatee Cove Marina and Boatyard stated they did not do this for the flag, although they are honored to get it, but for the environmental impact; and encouraged other marinas to follow their lead. Commissioner Scarborough presented a Resolution to Melbourne Harbor Marina for designation as Clean Marina. A representative of the Melbourne Marina stated they are in downtown Melbourne; the marina has a lot of history; and they have worked hard in the last few years to enhance the business and educate others about the environment. He thanked the Board for the recognition. Commissioner Scarborough presented a Resolution to Titusville Municipal Marina. A representative of the Titusville Municipal Marina expressed appreciation for the recognition; stated they are the first marina as boats come south; and they are flying their flag proudly. He noted they are on their second flag as they wore out the first one.

Ms. Garfein presented mementos to the Commissioners. She recognized Deborah McCormick with the Department of Environmental Protection who also worked very hard on this program.

RESOLUTION, RE: PROCLAIMING MENTAL HEALTH MONTH

Commissioner Higgs stated Judge Cathleen Clarke serves as a County Court Judge and is also a member of the Commission on Mental Health and the Mental Health Court Judge for Brevard County; and she is a fine member of the community.

Commissioner Higgs read aloud a resolution proclaiming the month of May as Mental Health Month.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Resolution proclaiming the month of May as Mental Health Month. Motion carried and ordered unanimously. (See page for Resolution No. 03-115.)

Judge Clarke expressed appreciation to the Board; and stated there are some very dedicated individuals who have worked for a long period of time to improve the quality of life for those with mental health issues. She stated because of those endeavors there have been improvements as far as finding homes, placement, and finances to improve the quality of life for those who need treatment; it has been an honor to work with them; and they are the ones who deserve the recognition. Commissioner Higgs presented the Resolution to Judge Clarke.

RESOLUTION, RE: PROCLAIMING UNITED WE PAINT DAY

Commissioner Higgs read aloud a resolution recognizing May 17, 2003 as United We Paint Day in Brevard County.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to adopt a Resolution recognizing May 17, 2003 as United We Paint Day. Motion carried and ordered unanimously. (See page for Resolution No. 03-116.)

A representative of Housing and Human Services expressed appreciation to those companies which have contributed financial and volunteer resources including Community Educators Credit Union and all of the volunteers who will be spending their Saturday painting the homes of low-income seniors, public schools, day care centers, and senior centers. He thanked the Board for the recognition it gave the project.

Commissioner Carlson inquired how many volunteers does it take to do all that in one day; with the representative responding they are looking for between 800 and 1,000; they currently have approximately 600; and they can use more volunteers.

Chairperson Colon inquired where can people call who wish to volunteer; with the representative responding 321-984-1000 or they can go online at unitedwepaint.com.

Commissioner Higgs presented the Resolution to the United We Paint representative.

RESOLUTION, RE: CONGRATULATING DR. SCOTT McCORD

Commissioner Scarborough stated Brevard County has a wonderful education system as demonstrated by test scores; the faculty has more master degrees than any place else; and Dr. Scott McCord has been singled out by Time Magazine for recognition.

Commissioner Scarborough read aloud a resolution congratulating Dr. Scott McCord upon his selection as a Time Magazine participant in the 2003 “The Future of Life Summit.”

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution congratulating Dr. Scott McCord upon his selection as a Time Magazine participant in the 2003 “The Future of Life Summit.” Motion carried and ordered unanimously. (See page for Resolution No. 03-117.)

Commissioner Scarborough presented the Resolution to Dr. McCord. Dr. Michael Krupp, Principal of Astronaut High School, stated he has known Dr. McCord since 1985; he is an instructor in high level science and chemistry; and his reputation precedes him, with students either shaking in their boots or itching to get into their notebooks to start writing notes. He stated when students have been with Dr. McCord for a year, they are better people educationally, socially, and in terms of self-esteem; Dr. McCord does more than teach, he shows students a way of life in science and how science is an integral part of the human psyche. He stated Dr. McCord gives freely of his time; and congratulated him.

Dr. Scott McCord expressed appreciation to the Board; and stated it sincerely touched his heart. He stated when the Board recognizes teachers like him, it strengthens the entire education system; and people do not mind dedicating their lives fully because the youth are a golden chest of treasure; and all that needs to be done is have faith in the youth. He stated sometimes they do not have faith in themselves, but as long as adults show they have faith, they will follow; and that is the reason he has the achievements he does with his students.

Commissioner Scarborough presented the Resolution to Dr. McCord.

RESOLUTION, RE: CONGRATULATING EAGLE SCOUT BRIAN JOSEPH GAST

Commissioner Scarborough read aloud a resolution congratulating Eagle Scout Brian Joseph Gast.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution congratulating Brian Joseph Gast on his achievement of the rank of Eagle Scout. Motion carried and ordered unanimously. (See page for Resolution No. 03-118.)

Brian Gast stated he has been in scouting for eight years; and he has 36 merit badges. He advised he has a black belt in Tae Kwan Do, participated in the International Science Fair; and intends to go to UCF majoring in biology and criminal justice, with the goal being to work with crime scenes. He thanked the Board for recognizing his achievement; and thanked his parents for standing by him.

RESOLUTION, RE: PROCLAIMING CIVILITY MONTH

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to adopt Resolution proclaiming the month of May as Civility Month and encouraging all citizens to exercise civility toward each other. Motion carried and ordered unanimously. (See page for Resolution No. 03-119.)

EXPRESSION OF APPRECIATION, RE: PASTOR FOR INVOCATION

Commissioner Higgs thanked Pastor Jonathan Andrews from the Barefoot Bay First Baptist Church for providing the invocation.

REPORT, RE: CANVASSING BOARD

Commissioner Higgs stated at approximately 7:00 p.m. she will need to go to serve on the Canvassing Board; but she is concerned about missing any of the testimony regarding the zoning issue that will be before the Board. She requested the Board recess for the few minutes she will have to be on the Canvassing Board. Commissioner Scarborough inquired how long would it take; with Commissioner Higgs responding it should not take very long. Commissioner Scarborough stated it would be appropriate to take a break so there would be five Commissioners hearing the item.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize a recess at the appropriate time to allow Commissioner Higgs to serve on the Canvassing Board. Motion carried and ordered unanimously.

ITEM REMOVED FROM AGENDA FOR DISCUSSION

Commissioner Higgs stated she would like to move Item III.F.2, Acceptance of the Byrne Grant Formula Based Award from the Consent Agenda for discussion.

ANNOUNCEMENT, RE: MEETING

Commissioner Carlson stated there will be a meeting of the Land Use and Growth Work Group, which is part of Brevard Tomorrow, on Friday May 9 from 1:00 p.m. to 5:00 p.m. at the Brevard Agricultural Center on Lake Drive in Cocoa. She stated the featured speaker will be Dr. Rod Clauser from the University of Florida; and the subject will be the theory of smart growth brought into local practice.

ANNOUNCEMENT, RE: VIETNAM MOVING WALL

Chairperson Colon stated the Vietnam Moving Wall is at Wickham Park; it will be there all weekend; and it would be wonderful for the community to come out and show support.

APPROVAL, RE: ALTERED AND ADDED PRECINCT LEGAL DESCRIPTIONS

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve the revised precinct legal descriptions for the changes to existing precincts due to annexations by the Cities of Satellite Beach and Titusville; and approve new precinct legal description that is a result of an annexation by the City of Palm Bay. Motion carried and ordered unanimously. (See pages for Legal Descriptions.)

APPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to appoint Richard Broome, Barbara Jagrowski, and Maureen Rupe to the Charter Review Commission, with terms to expire July 31, 2004. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve the Bills as submitted. Motion carried and ordered unanimously. (See page for List of Bills.)

ANNOUNCEMENT, RE: DISTRICT 2 WEBSITE

Commissioner Pritchard stated his website is now up and running; it is http://www.brevard.county.us/d2/; and there is a lot of interesting information on the website.

REPORT, RE: PATRICK AIR FORCE BASE AIR SHOW

Commissioner Pritchard stated he had the pleasure last weekend of watching the Patrick Air Force Base Air Show; it was a magnificent event; and he took his boat rather than dealing with the traffic on A1A. He stated there must have been 2,000 boats in the waterway off Patrick Air Force Base enjoying the day; and he got to watch the Blue Angels and the Thunderbirds. He thanked Captain Bill Berger, U.S. Navy, and Brigadier General Greg Pavlovich, Base Commander of Patrick Air Force Base, for the great event with the Army Golden Knights, the Navy Blue Angels, and the Air Force Thunderbirds.

PRESENTATION, RE: REPORT BY FLORIDA INLAND NAVIGATION DISTRICT

Commissioner Pritchard stated David Roach with the Florida Inland Navigation District (FIND) made a presentation to the Brevard County Marine Advisory Council; and he thought it was something the Board and community should be made aware of. He stated the Board heard earlier that the boating industry represents $14.1 billion in Florida; and everyone will be surprised by how much money Brevard County generates because of the Intracoastal Waterway.

David Roach, Executive Director of FIND, stated it is a pleasure to sit and listen to the wonderful volunteers and people who contribute to the local community; and it gives a feel for the specialness of each community. He stated an executive summary was distributed to the Commissioners; the Florida Inland Navigation District, which is the local sponsor of the Atlantic Intracoastal Waterway in Florida is required to provide all the real estate that is required for the waterway; the boundaries include the entire east coast of the State; they are an independent taxing district; and they tax all real properties within the area. He stated they spend 2% of the tax revenue on administration and 98% building projects on the waterway; there is a Commissioner appointed by the Governor from each county of the District; and three weeks ago the Governor appointed Jerry Sansom to represent Brevard County. He stated they spend the tax revenue on four basic programs; land acquisition and management is the primary responsibility; and they return approximately 40% of the funding back to Brevard County to do assistance programs; and that amounted to $4.2 million and 76 projects working with the County and municipalities to develop $10.2 million worth of boardwalks, waterfront parks, public boat ramps, boating safety projects, and environmental education projects in the County. He stated they are also responsible for the signage to denote boating safety and boating zones for manatees; there are approximately 450 of those installations in Brevard County, which amounts to 900 signs; and they also do public information about waterways. He advised this information is available on their web page at aicw.org.

*Commissioner Higgs’ absence was noted at this time.

Mr. Roach stated the Florida Intracoastal Waterway is 406 miles in length; 70 of those miles are in Brevard County; it starts at the Florida/Georgia border and goes down to the Florida Keys; and it is generally 12 feet deep and 125 feet wide. He advised it was originally constructed in the late 1800’s by a private company, and was operated as a toll canal; that property went bankrupt during the creation of the East Coast Railroad; and the waterway was purchased out of bankruptcy in 1927, which is when the District was created. He stated working with the Corps of Engineers, they enlarged the waterway first in 1935 and second in response to World War II; currently they are trying to maintain the waterway at its depth and width, which requires them to periodically maintenance dredge the waterway; and they have a plan for that. He stated they have found that they annually have to dredge approximately a half a million cubic yards out of the 406-mile long waterway to maintain it; that amounts to 25 million cubic yards over the 50-year planning period; half of that material is beach quality and the other half is not; that includes all the material in Brevard County, which is approximately 3.5 million cubic yards; and they put the non-beach quality component into the upland containment areas. He stated they are building a series of the containment areas in the County; there is $60 million worth of land acquisition throughout the District; and the question is whether the economics are worth it. He stated it costs approximately $8 million per year to maintain the 400-mile waterway; and the waterway construction was predicated by the federal government on its commercial economic activity. He stated there is approximately a half billion dollars in cargo value, .6 billion dollars in economic output, and 4,800 jobs; 90% of what is moved on the waterway is fuel oil; and a lot of that moves in Brevard County to the two power plants that provide electricity for a lot of residents on the east coast and even inland. He displayed a list of other products that are moved on the waterway; and stated there is an increasing business in moving people on the waterway, with waterbuses and dinner cruises. He stated the tonnage is approximately 1.7 million tons and 19,000 vessel trips; and the Intracoastal Waterway runs 1,263 miles up to Virginia. He stated they rank 9th in ports around the State; but they are at a ten-year low for tonnage. He stated the design depth is 12 feet; the controlling depth, which is the shallowest part of the system is eight feet deep; that controls how much cargo can be carried on a barge and how big a vessel can move through the system; and it is eight feet rather than 12 feet due to lack of money. Mr. Roach stated it takes approximately $8 million to maintain the waterway; in 2002 Congress only provided $2 million and last year the President recommended nothing; and that is not going to get the job done. He stated there is more to the story of the economic importance of the intracoastal waterway in Florida; and displayed a graphic showing the marine recreational segment of the economy. He stated boats are getting bigger; Florida is becoming the hub for the megayachts, which are boats over 80 feet in length; and the largest private yacht, which is 400 feet in length, visits in the Ft. Lauderdale area. He stated they have been studying on a county-by-county basis within the District; they have just completed the effort in Brevard County; they wanted to identify and quantify the economic impacts of the waterways on local business and estimate the influence of the waterway on the property values here; and they looked at three different scenarios. He stated one is the existing economic condition; and the second is to look at an economic scenario where they would quit dredging to see what would happen then. He stated they surmise that the waterways in certain areas would go to a three-foot depth, which would become the controlling depth; and they looked at what would happen to the economics under that scenario. He stated they also wanted to find out if they properly invested in the maintenance at $8 million, how that would increase the economy. He stated they developed a database; they did a survey of marine-related businesses in the County; there are 407 of those; and they talked to over 137 of them either by mail or phone. He stated they also did a survey of 334 recreational boaters; and they used that information along with some national database information to estimate the direct impacts on the waterway. He stated they used a regional model to capture the secondary round of spending as the money continues to filter through the economy; and they also looked at property value impacts working with the Property Appraiser, comparing property located on the waterway having deep draft access to property off the waterway having either no waterway access or shallow access. He stated they found that in Brevard County the marine business economy is $754 million a year; that generates $260 million in person income and over 7,000 jobs; and the waterway contributes to the property values being increased up to $1.4 billion. He stated the second scenario was to stop dredging; and there would be a loss of approximately 25% of the business sales and 25% of all the numbers except for property values, which would have a loss of approximately 70% of the increased value. He stated if they implemented their full plan, dredging all the way down to 10 or 12 feet, they would get an increase of $27 million in Brevard County in business sales, another 277 jobs, and a slight increase in property values. He stated they need to spend $8 million on the system; that translates to approximately $700,000 a year; and displayed a graphic showing if they spent that, what the increases would be. He stated transportation infrastructure seems to be a good investment for government to maintain economy. He stated of the 407 marine businesses in the County, only 53% are actually on the waterway; only 33% of those indicated they had to be there to do business; so the businesses are spread out throughout the community. He stated 92% of the boats in Brevard County are trailered; these people are spending $76 million a year at businesses off the waterway buying gasoline, drinks, food, ice, etc.; that is approximately $77 per trip before they even reach the waterway; and that amounts to another 400 jobs located off the waterway. He stated there are 33,000 registered boaters in the County; only 67% of the boaters on the waterway are from Brevard County, with 33% coming from other counties; and they are bringing in economy from outside the area into Brevard County. He stated most people are on fishing trips; 92% of the boats are on trailers; 76% of the people who go boating stay on the inland waterway system and do not choose to go out into the ocean; and the most popular boat is an outboard between 16 to 26 feet. He displayed a graphic showing some of the expenses that boaters incur throughout the community; and they are looking at some damages from running aground since they are worried about shoaling. He stated properties on the waterway are approximately 106% bigger than those not on the waterway; and showed a comparison of counties, with Brevard County number one in business sales. He noted the study was done in 1999; but there is still a very robust economy here; and when they extrapolate the numbers throughout the District, which is the entire east coast of Florida, the economy is $7.4 billion per year, 125,000 jobs, and $38 billion in property value increase. He stated all they need to spend is $8 million a year to maintain a $7.4 billion economy; the Commissioners have just been given the economic survey; but Commissioner Pritchard has copies of the full report. He stated they will be doing a public handout brochure that will summarize this data and will be provided to the County for distribution; and they have provided the database information for the County’s system.

Commissioner Carlson inquired if the PowerPoint presentation can be emailed to her office; with Mr. Roach responding staff has the disk.

Commissioner Pritchard stated the presentation was excellent; but one of the things Mr. Roach did not mention was that the District partners with matching dollars for some items like fire boats and other marine-related items; and many communities have benefited.

Chairperson Colon inquired if anyone at home has questions how can they get in touch with Mr. Roach; with Mr. Roach responding the website is aicw.org; it has all the information; and the study is downloadable from the website.

*Commissioner Higgs’ presence was noted at this time.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATION OF
OCTOBER 7, 2002, AZAN TEMPLE HOLDING CORPORATION, INC.

Chairperson Colon called for the public hearing to consider the recommendation of the Planning and Zoning Board made at its October 7, 2002 meeting, as follows:

Item 1. (Z0210404) Azan Temple Holding Corporation, Inc.’s request to change from AU to RU-2-12 on 27.84 acres, located on the east side of I-95, abutting the northern terminus of Turtle Mound Road, which was recommended for denial by the P&Z Board.

B. B. Nelson stated he has been a Shriner and real estate broker for 38 years; and tonight he is representing the Shriners locally. He stated there are 1,476 members active throughout the County; there are 413 children involved in their hospital program; there are three vans that take four trips a week taking these children to a Tampa hospital; and they fly children to the Burn Center in Cincinnati at a cost of $1,300 each, and if it is an emergency trauma case, it is $12,000 to fly them to Cincinnati. He stated the major goal is the children’s hospital; the founding potentate was Joe Wickham who had a lot to do with the purchase of this property being discussed tonight; he contributed to it and was a big supporter of it; and 20 years ago they had plans to build a hospital and Shrine Center at I-95 at the Pineda Causeway. He stated they purchased the land in 1987; it was not purchased by the Shrine Organization, but by a group of individuals to give to the local Shriners; and they had a goal and a plan; but all of the plans have changed because the Pineda Causeway has moved back and forth and the interchange changed. He stated they purchased the land based on the Comprehensive Plan where the County had roads planned; but obviously they are not going to be able to use it for that, so they are asking to rezone a portion to multifamily, RU-2-12. He stated the Comprehensive Plan calls for 15 units per acre; they are only asking for 12 units per acre on 27-plus acres; so they are not being greedy or trying to get the maximum density they can, but just want to use the 12 units per acre. He stated they have supplied information; and displayed an aerial of the area showing the property and the Pineda. He stated originally they were to be the southeast quadrant; but the interchange has moved and is not final or approved; so they do not know where it is going to be or how it is going to look. He stated they need to get out of the way and go somewhere else to do what they need to do; they have waited 20 years; and they would like to do something else with their plans locally. He stated in order to do that, they need to get zoning on the property to 12 units per acre; they have supplied information from the City of Melbourne concerning water support and from the County concerning sewer support; and the access is Turtlemound Road, which has been a major thoroughfare longer than any of us have lived. He stated although it has turned into a residential street of lately, it was not that originally; the portion that goes through their property has been vacated; and they are asking for help in order to move the property. He stated they are not trying to increase the price; and they have provided the County with a fixed Contract price, so what is done tonight will not affect the price. He advised Attorney Tom Waldron will be speaking next.

Chairperson Colon inquired if the attorney would be addressing some of the concerns about neighborhood compatibility and school capacity and things like that; with Mr. Nelson responding affirmatively. Mr. Nelson advised he will be present for questions and has reserved time for later when all the speakers are through.

Attorney Tom Waldron stated he has been a Shriner for several years and volunteers his time pro-bono for the Shriners; and they have one philanthropy, which is the Children’s Hospital in Tampa. He stated the Shriners are passionate about this property and helping the hospital; and explained how people are changed by taking children to the hospital and later seeing them walk out. He stated when Mr. Nelson asked him to address the Board this evening, he asked what was done, when it was done, and who advised on it; and Mr. Nelson seemed to have all the right answers. He stated the Shriners have completed all the legal requirements for the zoning application; and there are no legal reasons for denying the rezoning request. He stated the Shriners have owned the property since September 11, 1987; because of the changes around the property pertaining primarily to the Pineda Causeway and the extension of the Pineda Causeway to the I-95 interchange, the Shriners have not been able to fulfill their goal as far as the property, which was to have a hospital there; and since the Comprehensive Plan calls for up to 15 units per acre, the Shriners are asking to change the zoning on the property in order to comply with what the Board has already decided is reasonable for the property. He stated they are requesting the zoning be changed to RU-2-12, which is medium density multifamily residential on the property described in Section 27, Township 26, Range 36, on 27.84 acres; and as the map shows, it is on the east side of I-95 abutting the northern terminus of Turtlemound Road. He stated he does not know as much as Mr. Nelson does about the property, but is available for questions.

Chairperson Colon indicated there are no questions at the moment; and the applicant has nine minutes left for rebuttal at the end.

Sharon Savastio, President of the Windover Farms of Melbourne Homeowners Association, submitted a petition with 789 signatures of residents of Windover Farms who are opposed to the rezoning project. She stated this project has been in a zoning mode since November 2002, and has been a reason of concern for the families of Windover Farms; the proposed change has the opportunity to make a tremendous impact upon the neighborhood; and she does not know if the reduced density that Mr. Nelson is asking for will reduce the 334 apartments that they were originally told could go there as a maximum. She stated she will provide a brief overview and four other speakers will present individual areas of concern. She stated it is a diverse community of young families with children, professionals, and retired families; there are 741 homesites; the community is rural in design without sidewalks; and it has a tendency to get people interacting with their neighbors. She stated on any given day, it is possible to see people walking, biking, jogging, or playing; and they would like to stay this type of community. She stated the reason they are able to enjoy this type of activity is because the traffic on the roads is confined to residential traffic and the occasional service vehicle; if the rezoning is approved, they are concerned that would be a shortcut route that would be established through Windover; and they would like to be able to continue to live the way they do. She stated the proposed change would have a devastating effect on the residents of Windover Farms, particularly those families on Turtlemound Road, Windover Way, Sparrow Hawk, and Turkey Point; these roads were designed as residential roads and are not intended to serve as collector roads; and the proposed apartment complex could change the whole nature of the community. She stated the safety of the families and children is the primary concern plus the issue of a new community that would be totally incompatible with the adjoining communities such as Grand Haven and several others; and decreased safety, increased traffic, road degradation, preservation of wildlife, and construction traffic are just a few of the issues that have surfaced from the citizens. She urged the Board to deny the application to rezone the property based on the considerations of reduced safety, road degradation, and zoning incompatibility; and stated a “no” vote will insure that Windover Farms will be able to continue as a safe and inviting community for all families.

Robert Shebar stated he and his wife live in Windover Farms; his wife submitted a package to the Board; and presented a blow-up of the diagram. He noted he has no quarrel with the Shriners and knows they do good work; but he does not know what their good works have to do with this particular application.

Chairperson Colon cautioned the audience about applause and outbursts; and requested the audience allow the meeting to be conducted in a professional manner. He stated the 334 planned units in the applicant’s submission should translate to approximately 600 residents plus staff to run the operation, which would translate to approximately 900 cars, all of which would be coming and going through Turtlemound Road. He stated there are only two ways to get out of Windover Farms; one is to go down Turtlemound to Post Road; the other is to cut across Turkey Point Drive, and come down Sparrow Hawk or Windover Way; and all of the proposed homes are dependent on Turtlemound Road for access and impact on Windover Way. He stated the east side of Windover Farms has only three roads that allow one to get out of that subdivision; they all feed into Windover Way; and there is a stop sign at the end of Post Road and Windover stopping traffic at the intersection. He stated when the cars come out of the area of the proposed development, there is going to be a massive buildup, danger, and congestion; there will be traffic flowing on alternate routes in and out of Windover Farms that does not belong there and for which Windover Farms was not designed; and the road is one lane with no traffic lights or traffic control other than stop signs at the main roads. He presented a diagram showing an overview of the area and how it would be impacted by traffic; stated there are 700-plus homes in Windover Farms, 120 in the Cascades, 200 in the Greystone area, and 120-plus homes in the East Bay Plantation; and all can only exit or enter onto Post Road. He stated in addition traffic coming down Pinecone Road feeds into this area; further down there is Post Commons with a one-lane road running in and out; and problems will increase dramatically if the site is approved. He advised all of the concentration of homes is within one mile of Pinecone Road and Wickham Road; all of these homes are single-family homes; and the use the applicant is seeking would be incompatible.

Peter Cullen stated he is very concerned with the proposed change of zoning of the agricultural property to multifamily; he is from a rural town in upstate New York; and when he and his wife moved down seven years ago, they moved to Windover Farms because they wanted a rural atmosphere. He stated the whole Post Road, Lake Washington, Turtlemound area is all one acre and one-half acre lots; Post Ridge and Otter’s Glen are similarly zoned; the proposed development at 12 units an acre is approximately 12 times the density of the houses on Turtlemound; and counting all the sanctuary area would make it an even higher ratio of density. He stated through Windover Farms there are always children biking or people going for a walk; there are no sidewalks; there is not even a shoulder of the road; and if two cars come in opposing directions, people have to stop, and if there are children walking, they pass, and people live with that. He stated people that live in the area are very concerned so they drive very slowly through the development; but if people start using the subdivision as a shortcut, they may not be paying attention to the speed limit or be as concerned about the safety of the people. He displayed photographs; and stated photos one through four show the roads, which are curvy; there are no sidewalks; there are swales; and the increased traffic will create more noise and affect the wildlife sanctuaries. He stated there are nature trails through the area; people walk through all the time; there are deer and other wildlife; and this will have an effect on the wildlife. He stated based on concerns for safety, wildlife and increased noise, he would urge the Board to deny the application for rezoning.

Ron Hoar, Secretary of the Board of Windover Farms Homeowners Association, stated his remarks will relate to the environment that was established during the planning and development of Windover Farms, which included substantial areas devoted to the preservation of wildlife. He stated there were only two entrances and exits laid out for the development, Windover Way from Post Road at the east side and Turtlemound Road from Post Road at the west side of the development; and that foresight in planning reduces vehicle traffic, therefore causing minimal disturbance to the natural habitats of the abundant and varied wildlife. He stated there are more than 300 acres in Windover Farms that are dedicated to water retention, wetlands, and wildlife conservation; most who live there moved there to enjoy the environment where residents peacefully coexist with wildlife; and they see herds of deer, usually at dawn or dusk, who freely and safely roam through the yards and across the streets. He stated there are native bobcats that live in the area; many residents report seeing them with their young; and there are also many kinds of birds that thrive in the wetlands and wildlife sanctuaries. He displayed five pictures showing sandhill cranes, deer, and family of bobcats; and advised of his encounters with deer and sandhill cranes in the area. He stated the northern end of Turtlemound Road terminates in a turnaround; there is little traffic to threaten the wildlife; so they truly coexist with the wildlife, and that is part of the quality of life at Windover Farms, which they want to keep. He stated early morning and evening traffic from an apartment complex would not bode well for the continuing existence of the deer herds, sandhill cranes, and other birds and animals that are now part of their everyday life. He stated for the protection of the wildlife and the many other reasons heard tonight, the residents unanimously urge the Board not to approve the rezoning request as an apartment complex generating increased traffic is not compatible with the existing nearby surroundings.

George Izon stated he and his wife live approximately one-half mile south of the property owned by the Azan Temple, for which there has been a request to rezone from AU to RU-2-12 to put a 334-unit apartment complex with the sole egress to the Turtlemound Road terminus. He stated Turtlemound Road is a single lane asphalt road of one-family homes; and the request for rezoning is highly contested by the homeowners for a number of reasons. He stated when they purchased their property three years ago, they did so after researching a number of other parcels; they were looking for a strong investment that would grow consistently year after year; they found this property which met the criteria; and the fact that it was surrounded by properties zoned residential and agriculture clinched the decision to buy. He stated the Brevard County Zoning Board knew what it was doing at that time and the Azan Temple also knew what it was doing when it bought the property; but now they want to change the rules. He stated when he consulted his mortgage banker as well as a construction and real estate professional, he was advised the property values of their homes could be aversely affected by this undertaking; their homes are a major investment; and they do not want to see the values decrease or have to petition the County for reassessment if the building of the apartments takes place. He stated it is estimated a project of this magnitude would take two years to complete; this will mean a constant flow of large commercial vehicles hauling supplies, equipment, and personnel to the construction site; they will traverse Turtlemound Road on an everyday basis; and the noise, pollution, and degradation of the road will be chaotic and dangerous for all the residents of the area, especially children. He stated there are no sidewalks in Windover Farms; and pedestrians and bikers must use streets for travel. He stated the utilities for such a project will be far more complex than the construction of single-family homes; plumbing, electric, sewers, and cable will be on a much greater scale than it appears; and it appears that major excavation of Turtlemound Road may be necessary to set up these major utilities. He stated at the end of construction, Turtlemound Road will not become a major conduit for the 600-plus vehicles needed to service the tenants of the complex; Post Road and Wickham Road, the major arteries from Turtlemound Road, are already congested every day; and 600 more cars will make it a nightmare. He stated the other single-laned residential streets will then become shortcuts for the apartment dwellers as well; and this will be totally disruptive to the infrastructure of the community. He stated an apartment complex does not belong on the property; it is completely inconsistent with the present residential setting of Windover Farms and its residents; and requested the Board deny the application for rezoning. He requested everyone from Windover Farms raise their hands and a group in the audience raised their hands.

Kent Mercer stated the multiple family dwellings are totally inconsistent with the zoning of the surrounding properties; the servicing streets are very narrow, making it difficult to pass on any of these streets; and in the case of a fire emergency, there could be a major catastrophe. He stated the roads will not support emergency vehicles trying to get into the site with a larger number of apartment buildings while people are trying to get out at the same time; and that is another reason why this is the wrong place for a high density development.

Neil Stein declined the opportunity to speak.

Judi Smith stated she lives at the corner of Turkey Point and Turtlemound; and her concern is there is a small disabled community there, and if this rezoning request passes, it may be relegating those people to their properties as they would not be able to enjoy access to the roads. She stated Turtlemound was extended past the Nail farm in 1992; that is when she purchased her lot, so it was never a thoroughfare; and that is an issue that should be addressed. She stated she questions whether public sewers could be a problem; there are no public sewers out there; and inquired if their homes would be charged for mandatory hookups because of a sewer system that would probably come off Post Road. She advised they are not on public systems; so she sees a lot of problems if this development is approved; and stated it is not conducive to a residential neighborhood.

Peter Kaiser stated he and his wife and two small children live on Sparrow Hawk; and they are opposed to the rezoning because the roads and schools cannot handle the development. He stated no one has brought up the issue of schools yet; but there is a problem with schooling there; and inquired where will these children be sent to school. He stated he is definitely opposed to the rezoning.

Robert Ludwiczak stated he is a resident of Summit of Sawgrass; and he is opposed to a proposal before the Board to rezone a parcel in District 4. He stated the Board should have received a petition signed by the residents of the Summit of Sawgrass voicing each neighbor’s opposition to the proposal. He stated he is speaking for himself and his neighbors; the rezoning of the land from AU to multifamily would place an undue hardship on the residents of the Summit of Sawgrass, particularly the ten to fifteen residents adjacent to the property in question; and specifically they are concerned about compatibility of the property relating to noise, lighting, parking, traffic, odor, and rodents that may result from trash dumpsters being placed along the property. He stated allowing a multifamily dwelling with 334 apartments would have a negative impact on the community, which is single-family housing; the two properties adjacent to the site under consideration have already been approved by the Board for single-family dwellings only; and it does not seem that a multifamily complex would be compatible with the current or future land use in the area. He stated 334 units has the potential to add 668 vehicles daily to the area; this would generate emissions and noise levels that would be intolerable and unhealthy for the current and future residents of the single-family homes; and this would only compound noise levels generated by I-95 and erode quality of life when I-95 is expanded and the Pineda Causeway Extension is completed. He stated lighting for security purposes in the parking lot for the apartment residents would presumably be on from dusk to dawn; and it would illuminate the sky, shining into the living rooms and bedrooms of adjacent residents causing a nuisance and annoyance to the residents of the Summit of Sawgrass. He stated they also understand that the multifamily complex may be built to a height of 35 feet, which is higher than the highest single-family residence in the area; the additional lighting from these units and the loss of privacy from occupants having the ability to look down into the homes would be unforgiving; and the current peace and serenity they now enjoy would be eroded forever. He stated the trash dumpsters required for these units would present possible odor and/or rodent problems for the adjacent residents as well as a noise problem when they are being emptied. He stated the property in question is presumably in a floodplain; and there is concern that with the elevation changes, there could be runoff that could flood adjacent single-family homes and wetlands behind homes further down the street. He stated Administrative Policy 3 says, “compatibility with existing land use shall be a factor in determining where a rezoning or application involving a specific proposal is being considered”; Criteria A specifically states, “whether the proposed use would have hours of operation, lighting, odor, noise levels, traffic, or site activity that would significantly diminish the enjoyment, safety, or quality of life in existing neighborhoods within the area, which could foreseeably be affected by the proposed use”; and B says, “whether the proposed use would cause a material reduction, 5% or more, in the value of existing abutting lands or approved developments.” He stated Administrative Policy 4 also states, “character of a neighborhood or area should be a factor for consideration whenever a rezoning or any application involving specific proposed use is reviewed. The character of the area must not be materially or adversely affected by the proposed rezoning or land use application. In evaluating the character of an area, the following factors of an area should be considered”; and Criteria A specifically says, “proposed use may not materially or adversely impact on the established residential neighborhood by introducing types, and densities.” He stated the residents of the Summit of Sawgrass believe an established single-family residential neighborhood exists; the Board approved Sawgrass II and III to be single-family residential neighborhoods; and to permit the property in question to be rezoned from agriculture to multifamily would be in breach of Administrative Policies 3 and 4 and Criteria A of both. He stated a large percentage of the residents are retirees who located in the Summit of Sawgrass to experience a good quality of life in harmony with nature; and they feel that quality is being threatened and their homes at risk due to noise levels, lighting, additional traffic, and privacy issues. He requested the Board deny the rezoning request of the Azan Temple Holding Corporation, Inc.

Joseph Drago stated the residents of Summit of Sawgrass have submitted a petition to the Board to show their overwhelming solidarity on this issue; and stated the pending rezoning application should be denied based on applicable administrative policy, specifically, but not exclusively, Administrative Policy 3, which deals with the concept of compatibility. He stated the rezoning should not be approved based on paragraphs A, B, C1, C2, and C3 contained within the Policy. He stated Section A outlines the issues of lighting, noise, traffic, and activities that would significantly diminish the quality of life; and the significant increase in density and the various by-products of such a complex would cause a significant negative impact to the community. He stated Section B deals with the economic impact on their investment; all the residents of the subdivision selected their homes based on the serene nature of the community and the wildlife they have often observed in the wetlands to the west; and the introduction of multi-density dwellings adjacent to the community and the wetlands will have a negative impact on a major value component the community enjoys and on which their investment was based. He stated Section C considers the pattern of historical, current, and future development; Sawgrass is a community of approximately 100 acres with 338 homesites; and a zoning classification of RU-2-12 is not compatible with the criteria outlined in the Section. He stated he is particularly concerned with the impact of traffic noise on the community; to the west is I-95 which will be widened in the near future; to the south and southwest will be the future Pineda Extension; sometime in the future St. Andrews will be extended, which may impact the southwest quadrant; the community is impacted by traffic noise from I-95, which is amplified by a westerly wind; the proposed rezoning is to their west; and according to NOAA data, during January and February 2003, a westerly wind was present 47% of the time. He requested the Board consider the cumulative effect of traffic noise on the community now and in the future; stated the current traffic noise is an annoyance; however they are deeply concerned about the planned expansion of the surrounding road network; and the rezoning of the lands to the west would further compound the problem such that they may ask to revisit the traffic noise issue with the Board at a future date. He stated the addition of a multi-dwelling complex with over 330 families adjacent to a development with a density of 3.38 units per acre is contradictory to administrative policy and would have a detrimental impact on their community.

The meeting recessed at 7:52 p.m. and reconvened at 8:03 p.m.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATION OF
OCTOBER 7, 2002, AZAN TEMPLE HOLDING CORPORATION, INC. (CONTINUED)

Chairperson Colon thanked the audience for their professional demeanor that allowed the Board to proceed with the meeting; and requested they continue.

Mr. Nelson stated he has lived off of Turtlemound Road and Hammock trail since 1973; and he loves the wildlife and animals that are in his yard. He stated he has approximately 11 acres there; he travels Turtlemound Road daily; and he sold the tract of land to the developer originally, but did not sell the lots. He stated he loves this type of development; he thrives on acre-plus lots; and he would not do anything to damage this community. He stated one thing that has damaged the community is the failure to finish Turtlemound Road as planned to go through the community all the way to Viera Boulevard; that would have solved a lot of the load and traffic problems on Wickham Road and in this neighborhood; but based on pressure from homeowners, that street was closed. He stated there are two ways to get in and out; that was not planned but evolved based on this kind of pressure; and a lot of changes were made. He stated when they purchased the land, there were a lot of plans for what they were going to do with it; and read from the 1987 Deed, “it being the expectation of the parties that such alternative means of ingress and egress will be provided upon completion of the so-called Pineda Causeway/I-95 interchange.” He stated it is written in the Deed from Duda to Azan that it was expected they were going to have access to the Pineda Causeway; that was a commitment by Duda who owned all the land around there, and who gave the County the right-of-way for it; so the main access to the property would not be Turtlemound Road, but some way to get to the Pineda. He stated there was concern about the sewage problem; they have a letter from the County that it will supply sewage service from the Grand Haven area for up to 450 units; and they also supplied staff with a letter from the City of Melbourne indicating the City will supply water for this project. He stated there are no questions about the support of this land for the project; and the only question that might come up is about school infrastructure, so they will agree to limit the development to age 55 and above, thereby taking it out of the school infrastructure problem. He stated they started out trying to build the project for children as a children’s hospital; but it has taken so long to get it built, they are now senior citizens, so will have to go with 55 and above. He stated he has been involved with this since the beginning; he makes nothing off of it; it is his donation to the Shriners; and he is a Shriner who enjoys the projects they do to support the children. He stated they have answered all the questions that there were concerns about; the major traffic ingress and egress to the property will be from the Pineda some way; but there are no plans approved yet for the interchange or the extension, although there are some drawings, have been hearings, and will be more hearings and drawings. He stated they have probably seen 30 different versions of the interchange; they do not know what it is going to be like when it is finished; their property is wanted for the zoo trail; they are planning on an overpass for the zoo trail; and there are a lot of considerations. He reiterated they have submitted a contract to the Board for its consideration to lock in the price; and staff is going to get appraisals and submit them for the Board’s consideration. He advised the contract has not been presented to the Board yet, so it is not aware of the price; but they are committed to it and are not trying to change it. He stated none of them are trying to get rich off this project; they are just trying to do this so they can take the money, go somewhere else to develop something, and get out of the County’s way; and a lot of the money will go to the children’s hospital program.

Commissioner Pritchard stated he was going to ask about the sales price Mr. Nelson mentioned earlier, but he answered that question. Mr. Nelson advised the Potentate has signed the contract forms; four other past Potentates are present tonight; and Joe Wickham was the original Potentate.

Chairperson Colon inquired if the 55 and older would be for the entire unit; with Mr. Nelson responding it is 12 units per acre and 27-plus acres are being rezoned. Chairperson Colon inquired if it is still 330 apartments; with Mr. Nelson responding yes, the density is not changing, but they are limiting it to individuals 55 years and above. Chairperson Colon inquired if the Attorney is going to speak again.

Mr. Nelson presented an architect’s layout of the plan; stated someone was talking about 35 feet and above, but that is not the case; they are all two-story buildings; and there are no intentions to peep over at the neighbors. He stated it is all abutting Grand Haven, and is not adjacent to Windover Farms, but is to the north; and it is not close to Suntree except for some of the project that came down close to it. He advised they bought this land far before Windover was purchased; it was planned before Windover was purchased; they had long-range plans; however, they have not been able to follow through because of lack of development for the Pineda Causeway.

Commissioner Pritchard stated the note he has says 334 units, and two story; with Mr. Nelson responding that is right. Commissioner Pritchard inquired about the sale price, selling the property to the County for use for a variety of reasons, and have they submitted a fixed price; with Mr. Nelson responding that is right. Commissioner Pritchard inquired if the offer is to sell all of the property; and stated apparently there is a portion that might become part of the zoo trail. Mr. Nelson stated the property is 300+ feet with 3,300 feet of frontage on I-95; and they have plans for zoo trail from one end to the other, so that is 3,300 feet of zoo trail. Commissioner Pritchard inquired if the value of the property would be the same if it were developed compatible to the neighboring properties in Windover at half-acre or one-acre lots; with Mr. Nelson responding very similar as multifamily can sometimes bring more value, so the price of the lots would be approximately the same. Commissioner Pritchard inquired about the acreage; with Mr. Nelson responding they have 37 acres total, but are only rezoning 27.84 acres, and 9.9 acres is already zoned commercial. Commissioner Pritchard inquired if there are 28 acres approximately that they are talking about as residential; with Mr. Nelson responding that is right. Commissioner Pritchard stated that would allow perhaps 56 homes on half-acre lots; and inquired if the value would be approximately the same; with Mr. Nelson responding it would be close to the same because of the price of the lots in that area; but with the zoo trail and the Pineda Extension, he would not be able to do that. Mr. Nelson stated with what the County’s plans are now, even though they are not approved, the County is going to have almost all of it anyway for the zoo trail and the interchange. He stated they would like to get on with it one way or the other; they would be glad to sell it to the County; they have demonstrated that in the past; they had appraisals, for which they spent a lot of money; and they submitted a signed contract to the County, so the ball is in the Board’s court.

Attorney Waldron stated the opposition speakers did a very good job in stating why the County should purchase the property; he heard no specific precedents, rulings, or Ordinances that would prevent the Board from granting the petition except for a couple of references to compatibility; and if compatibility is going to be the standard, then multifamily is never going to be welcomed anywhere. He stated multifamily is never popular in the immediate local area; but the ramifications of too little multifamily can create problems; and that is why it was considered and implemented in the Comprehensive Plan. He stated he hopes the County will work with him and with the Shriners in purchasing the property for all the reasons the opposition speakers gave.

Chairperson Colon inquired if Mr. Waldron is saying he wants the County to buy it; with Mr. Waldron responding yes.

Ms. Savastio stated she would like the County to buy the land as it would solve the issue of rezoning.

Chairperson Colon stated there was testimony in regard to the entrance and 334 apartments; and requested feedback. Ms. Savastio stated their feeling has not changed if access and egress will be through Turtlemound Road; and there is still the issue of incompatible land uses, with multifamily homes against homes on one acre. She advised they have homesites from half-acre to five acres within Windover Farms, so their density is much lower; and if she was given a choice, she would like to see the County purchase the land and get rid of the issue of rezoning, as all their problems with the project would go away. Chairperson Colon stated if that was the case, the Board would have to buy land all over the County. Ms. Savastio stated Mr. Nelson mentioned that the entryway would be Turtlemound Road, then said it will be the Pineda; and inquired which way is it. Mr. Nelson advised the only access to the property now is Turtlemound Road; but when the Pineda is extended, Duda is committed to providing some access, as he read from the Deed. He stated if they keep the land, the Deed provides a guarantee of access to the Pineda; that would take traffic away from Turtlemound; and he knows that Turtlemound is not suited for this much multifamily traffic because he lives on Turtlemound.

Commissioner Carlson stated the Board has to look at the facts in front of it; it has to review the various elements of the Comprehensive Plan, specifically 3, 4, and 5, which address compatibility including traffic and other issues that have been brought up. She stated there are serious incompatibilities between the different types of homes that are existing in Windover and multifamily; until Mr. Nelson mentioned making the apartment complex 55 and older, school capacity would have sunk it right off the bat because there is a policy that says if density is increased by more than one unit, school capacity must be considered; and she would like to hear from the other Commissioners and see a finding of fact come back for denial of this item due to the compatibility issues primarily.

Motion by Commissioner Carlson, to deny Item 1 as recommended by the Planning and Zoning Board; and direct staff to prepare findings of fact for denial.

Commissioner Higgs stated she received a number of letters and emails concerning this project; and those are available for anyone to read. She stated she also discussed some of the items concerning this at a class she taught last week, but made no commitment as to how she was going to vote. She stated in looking at the map of the zoning of the properties, the properties to the north are PUD; and inquired what are the land uses in that area, specifically in regard to density and character. Zoning Manager Rick Enos stated that portion of the PUD, which is the westernmost portion, is developed with 50-foot wide lots; the effective density in the developed portion of the property is approximately five units to the acre; and testimony was heard earlier that the overall density of the project is a little over three units to the acre counting wetlands and everything. Commissioner Higgs inquired would that include the other parcel on the curve and is that the same density, and moving eastward from the westernmost part of the PUD, is that the same; with Mr. Enos responding yes, the two blocks that run parallel to one another are both 50-foot lots. Commissioner Higgs stated she will support the motion to get findings of fact; incompatibility exists between multifamily and the surrounding properties, which on all sides are single-family homes; and there would be considerable impact on the existing area and the character of the area that would be in violation of the Comprehensive Plan.

Commissioner Higgs seconded the motion.

Commissioner Pritchard inquired if the map is upside down; with Mr. Nelson responding yes. Commissioner Pritchard inquired where will the Pineda bisect the property; and will it come right through the property and connect to I-95; with Mr. Nelson responding someday. Commissioner Pritchard stated he is confused as to why this issue is before the Board for rezoning as DOT is going to be buying a large portion of the property for the intersection; it does not seem to be an issue for discussion at this point; and the best avenue may be to pursue the intersection of Pineda and I-95, and then put whatever is left into single-family homes on half-acre, one-acre, or five-acre lots, which would be more compatible with the neighborhood. Mr. Nelson responded when they made the decision to purchase the land 20 years ago, the Pineda Causeway was going about a half mile north of the property; they purchased this property intentionally because they wanted to be the southeast quadrant of I-95 and the Pineda Causeway; and they wanted to build a hospital and Shrine Center there on the outside of a curve of I-95. He stated he worked on I-95; this has been his profession for 38 years; they purchased the land based on the County’s plans; and inquired if they could not depend on the County’s plans 20 years ago, can they depend on them today. He stated they would like to get something resolved; the best way to do it is for the board to proceed to get the Pineda Extension approved and get the money to buy the interchange; and they will probably need a piece of the land for that purpose. He stated as far as the Comprehensive Plan is concerned, the County already decided it should be 15 units per acre; and they are not doing something drastic and out-of-bounds, but trying to conform to the Comprehensive Plan. Commissioner Pritchard stated he has a staff report that indicated the density is allowed up to 12 units per acre as the maximum density allowed under the Comprehensive Plan; he saw in a previous drawing that it was identified as 15 units per acre; but apparently something changed, so it is not 12 units per acre as the maximum. Mr. Nelson stated it shows up on all maps in the County and in the staff report as 15 units per acre. Commissioner Pritchard stated he has a report that says 12; it also says all development in that area is developed with considerably less density; and it seems odd to have a parcel surrounded on three sides with densities of three units or less per acre. He stated he is back to the Pineda, the intersection, and the use of the property; with Mr. Nelson responding he would love to see it occur. Commissioner Pritchard stated he would love to see Mr. Nelson sell the property; and commented on the idea of selling it to DOT down the road for the intersection as well as using it for the zoo trail.

Chairperson Colon stated that is not what the Board is here for. Commissioner Pritchard stated he agrees with Commissioner Carlson, but in a different way; he does not see why the Pineda would not go where that is going to go; he agrees with the issue of compatibility; and the question is how to get something that is going to benefit the Shriners and the community.

Chairperson Colon called for a vote on the motion. Motion carried and ordered unanimously.

Chairperson Colon stated the motion is to get back the findings of fact; the Board is closing the public hearing; the motion was to deny; and when it comes back, the Board will not be getting any public hearing. Commissioner Carlson stated that is correct, and the Board will get the finding of fact for any legal purposes that may arise. Chairperson Colon reiterated when it comes back, there will not be input from anyone on either side.

The meeting recessed at 8:27 p.m. and reconvened at 8:31 p.m.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, CARGO TRAILER SALES

Chairperson Colon called for the public hearing to consider an ordinance amending Chapter 62, Cargo Trailer Sales.

Lee Prada stated he owns the property at 2310 South Fiske Boulevard, which he has leased to Trailer Ranch; if the Board adopts the ordinance, buildings like his are not going to be able to meet the setbacks and screening regulations; and requested his property be grandfathered in. He stated he has no qualms with the proposed ordinance except buildings like his would be hard-pressed to meet the regulations and it would not be feasible to rebuild them.

Commissioner Carlson requested staff let Mr. Prada know what will happen if the ordinance is adopted today and what his status would be. Planning and Zoning Director Mel Scott stated Mr. Prada purchased the property with the hope that cargo trailer sales could occur on this property; but cargo trailer sales have never been permitted on the property Mr. Prada owns; therefore, the ability to gain nonconforming status does not exist. He stated nonconforming status is dependent upon the fact that it was legal at one time and now is not legal because of a Code change; so the complement of uses that Mr. Prada’s property can enjoy are those permitted in the BU-1 zone. Commissioner Carlson inquired about setbacks and existing buildings; with Mr. Scott responding this is an old gas station; and if the structure does not conform to today’s setbacks, that does not prohibit the ability of Mr. Prada to enjoy the full complement of uses permitted in BU-1. Commissioner Carlson stated Mr. Prada would not have to mess with the structures that are on the property; they would be nonconforming; but he would still be able to have the BU-1 uses.

Mr. Prada stated he purchased this property in 1994 as an investment to rent or lease to turn revenue; it was never his intention to have trailer sales; but it is possible to sell cars there or run a garage, and trailers are better than used cars. He stated the trailers are new and clean; Home Depot on Merritt Island, which has the same zoning, is selling them; and it is a better use than a gas station as there is no mechanical work or manufacturing, just sales.

Commissioner Pritchard stated the proposed ordinance was placing nine conditions on cargo trailer sales in BU-1; and the LPA voted 8 to 2 to reject it. Mr. Scott advised there are ten conditions; and this is the ordinance the LPA voted to reject. Commissioner Pritchard stated the tenth condition is there should be no construction or manufacture of trailers on site; the LPA voted to reject it; and he agrees with Mr. Prada. He stated he has been by Home Depot and saw the trailers they have fronting on Courtenay; they are new, clean, and attractive and have prices on them; and when he saw them he thought it was interesting they were selling trailers. He stated the seventh condition says all trailers shall be parked behind the front building line of the principal structure and shall be enclosed with an opaque barrier of at least six feet in height; with a building such as Home Depot, it would not be possible to see the trailers; someone would have to specifically go to see them; and he agrees the trailers are not unattractive, particularly when compared to some of the cars on car lots in BU-1. He proposed adopting the ordinance with the exception that number 7 would only apply to used trailers, not new trailers.

Commissioner Higgs stated the Board had a good idea when it started this, but it is not going to do anything; and she would not support the amendment, but would support denial consistent with the LPA recommendation. Commissioner Carlson inquired what was the LPA denial; with Commissioner Higgs responding her motion would be to deny the entire ordinance. Commissioner Carlson inquired what was the Board action at the first public hearing; with Mr. Scott responding to forward this to the second public hearing; and the LPA’s vote was to deny the ordinance as proposed and allow cargo trailer sales as permitted uses with no conditions.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to deny adoption of the ordinance amending Chapter 62, Cargo Trailer Sales.

Commissioner Scarborough stated he became more and more concerned whether the Board would really be accomplishing anything; the ordinance has run its course; and it is not really coming together.

Chairperson Colon called for a vote on the motion. Motion carried and ordered; Commissioners Pritchard and Carlson voted nay.

Commissioner Carlson stated no change, so it is permitted with conditions. Mr. Scott advised the ordinance was denied so now the status is the same as before the ordinance work began.

Chairperson Colon requested staff speak to Mr. Prada.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, CATTLE GRAZING IN
GML ZONING CLASSIFICATION

Chairperson Colon called for the public hearing to consider an ordinance amending Chapter 62, Cattle Grazing in GML Zoning Classification.

There being no comments or objections, motion was made by Commissioner Higgs, seconded by Commissioner Carlson, to adopt an Ordinance amending Chapter 62, “Land Development Regulations”, Code of Ordinances of Brevard County, Florida; amending Section 62-1572 to add “Dredged Material Management Areas” and “Cattle Grazing” to the list of permitted uses with conditions in the “Government Managed Lands” (GML) Zoning Classification; creating Section 62-1834.5 to add conditions for “Dredged Material Management Areas” in the GML zoning classification; creating Section 62-1831.1 to add conditions for “Cattle Grazing” in the GML zoning classification; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Brevard County Code of Ordinances. Motion carried and ordered unanimously. (See page for Ordinance No. 03-18.)

REQUEST BY EDWARD KASOLD, RE: CHANGE IN COUNTY POLICY REGARDING
ESTABLISHMENT OF MUNICIPAL SERVICE BENEFIT UNIT (MSBU)

Edward Kasold requested the Board change its policy regarding establishment of municipal service benefit units, particularly concerning the threshold of support required from the community. He stated Florida law authorizes the County to establish an MSBU to fund problems for the benefit of a specific community; MSBU funding is paid through assessment of all benefited properties; and although not required by State law, the County has historically polled affected property owners prior to establishing an MSBU. He stated up until approximately ten years ago, a simple majority was the usual threshold; around 1994, the Board established a 75% threshold of support for creating an MSBU; most County projects require only majority vote of the Board, which would be 60%; and it only requires 60% vote of the United States Senate to end a filibuster. He stated MSBU projects are not frivolous undertakings, but are needed improvements to benefit the entire community; typical MSBU projects include waterlines, sewer extensions, and initial road paving; and a 75% threshold allows the minority of 25% to veto a needed project. He stated a more realistic supermajority for establishing an MSBU would be three-fifths or even two-thirds. He stated he is here on behalf of canal front property owners in the Rio Lindo Subdivision; the canals are navigable public waterways, which have become severely clogged with unsanitary odorous muck; and last year they requested the County establish an MSBU to fund the dredging of the canal system. He stated a polling of effective property owners resulted in a show of support of over 70%; however, due to Board policy requiring 75% support, the MSBU was not established. He stated in this case a small minority was able to veto the wishes of the vast majority; and requested the Board revise its policy and reduce the 75% support threshold.

Commissioner Scarborough stated when he was on the Board and they met in Melbourne there was an issue; with Mr. Jenkins advising it was the Police Home Foundation. Commissioner Scarborough stated the group was very much against the MSBU, but the Board approved it anyway with something less than 75%; and it became ugly and bad. He stated normally a majority controls; but when the Board is putting liens on someone’s property, it is a little different when they do not want the project. He stated that is why the Board changed the threshold to 75%, so people would know from the outset that they would have to have a lot of support to put a lien on the properties for a project.

Commissioner Carlson requested Mr. Knox explain the Statute that goes to the right and duty of the County to establish benefit units from the perspective of majority versus whatever the Board wants to define it as and the process with the municipalities. County Attorney Scott Knox stated the MSBU Statute is the general powers of the Board of County Commissioners in Chapter 125; and it really does not require a specific number other than the typical majority vote. He stated in 1995 a policy was directed by the Board that requires a 75% vote; MSBU’s can be participated in by cities if the city council approves; and that is done by majority vote as well. Commissioner Carlson inquired if the Board is not legally required to put a percentage; with Mr. Knox responding it is a policy. She stated she met with Mr. Kasold; and she thought it might be of interest to the Board because the canals in their neighborhood are partly in the City and partly in the County; and she wonders about that relationship. She stated the City does not have any restrictions; it is just a majority vote; the County requires 75%; and inquired how can they come to a balanced agreement. Mr. Knox stated the majority vote he was talking about as far as the City is concerned, is the majority vote of the Council to come in and impose an MSBU on the citizens; and the County’s 75% rule would still apply within the City limits.

Chairperson Colon stated when there are more than 70% of the people who are interested in participating, there is a gray line; they are not looking at going down to 60%; but the Board might want to consider the change to at least 70%, which is still a decent number to get a good feel of the community. She stated she would not support going lower, but would like to see if 70% is something that would be achievable. She stated she was not on the previous Board; she is sensitive to what the Board experienced in the past; and she thought the best way of approaching this was to have the people come before the Board.

Commissioner Carlson stated she would support having staff look at it to see what the potential impact would be; but personally she supports 70%, which is a significant majority; 70% would be fair; and 5% can make a large difference.

Commissioner Higgs stated she was on the Board when it had the discussion regarding the MSBU; it was painful for everyone; and the percentage was high because the Board wanted to be sure if it put a lien on someone’s property that there was a strong feeling in the community. She stated 75 was not a magic number that was mathematically computed; it was just a number that seemed to indicate strong support of the community; and she would be willing to look at another number. She stated she is not supportive of 50%; but she is willing to discuss the number. She suggested getting a staff report that looks at all the aspects of it; and then giving the people who are concerned a chance to come and respond to the proposal.

Commissioner Pritchard stated he agrees with Commissioner Higgs; and two-thirds makes sense to him.

Commissioner Carlson requested the staff report also address how no replies are counted; stated they have always been treated as a no; and she would like to know the legal aspect of it because it can sway the percentage. She stated she does not know how no reply can be treated as a yes or no; but when the Board votes on an item, saying nothing is construed as a yes.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to direct staff to review the County policy regarding establishment of municipal service benefit units in terms of changing the percentage from 75% to something lower.

Commissioner Scarborough stated staff is going to need to know a percentage. Chairperson Colon suggested staff come back with options. Commissioner Carlson recommended two-thirds and looking at how no replies are counted.

Commissioner Higgs recommended the legislative intent come back with 66%; and stated the Board can see where that goes.

Chairperson Colon called for a vote on the motion. Motion carried and ordered unanimously.

RESOLUTION, RE: SUPPORTING NO REDUCTION IN U.S. TARIFF ON IMPORTED
CITRUS PRODUCTS
County Manager Tom Jenkins stated he got this in the mail; and he does not know if the Board wants to take a position or not; but he thought the Board should see it.

The Board took no action at this time.

CODIFICATION, RE: TICO STATUTES

County Manager Tom Jenkins stated he received a telephone inquiry from the Governor’s Budget and Policy Office requesting the Board take a position, particularly on items 1 and 2, which is the codification of the existing Tico legislation. He stated there were two changes as part of that codification; one was the District 1 appointment; and the second dealt with the District 2 boundaries. He stated Mr. Edwards from Tico Airport wrote a memorandum explaining the two items; and Legislative Coordinator Carol Laymance provided a copy of the legislation and staff analysis.

Attorney Tim Pickles, Counsel to the Titusville-Cocoa Airport Authority, stated pursuant to a discussion with the County Manager, it is his understanding the Governor’s Office wanted a consensus by letter or motion on the County position regarding the changes that were made; the bill has been approved by the House of Representatives and should be voted on in the Senate this week; and the only question coming from the Governor’s Office is whether or not the County is on board with the changes. He noted Mr. Edwards and Mr. Taft are present; the enabling legislation is codified pursuant to Chapter 189, Florida Statutes, which is a requirement that it happen prior to December 2004; the Airport Authority was one of the special districts that was required to codify this year; and certain changes were made along with the codification. He stated the primary change affects District 1; the old legislation provided that the District 1 Commissioner would appoint two board members; and the change, at the request of the City of Titusville, is for one of the appointments to be made by the City. He stated the other change affects Districts 1, 2, and 4; the intent was to provide additional flexibility regarding where the applicant for the board could come from; and the requirement was changed to having to come from Districts 1, 2, and 4 to anywhere within the Titusville-Cocoa Airport District.

Commissioner Pritchard stated this came about initially through his intervention on the basis of an email he received from Representative Poppell that said should there be any changes to the proposed bill, he wanted the cities affected as well as the County Commission in concurrence so they could provide a unified front. He stated that is when he made a proposal to make certain changes; and things got muddy after that. He stated he had a call from the Governor’s Office last week because item 3 is duplicating another section of the bill, which was confusing; people in the Governor’s Office who were reviewing the proposed legislation were wondering why it was there since it was already somewhere else; and it was explained away. He stated that was the part Senator Futch wanted to make sure the County had a part in the bonding process; but because it was duplicitous, it was confusing. He stated the change in the District 2 boundaries is really Districts 1, 2, and 4; the difference is he can make appointments from throughout the Authority area, but District 2 must make appointment from Cape Canaveral or Cocoa Beach and District 4 from Rockledge or Cocoa. He stated the only difference is he would be able to make his second appointment from Titusville, if he wanted; with Mr. Pickles advising that is correct. Mr. Pickles stated the legislation was to provide that flexibility; but because of concerns that were raised by the City of Titusville they took a step back and preserved the status quo. He stated it can be addressed in the future; and if the municipalities have no concern over it, then that scope can be broadened. Commissioner Pritchard stated with District 4 the requirement is Cocoa or Rockledge; at one point District 4 had the majority of the City of Cocoa; but now all of Cocoa is in District 2; and he was trying to cleanse the language. He stated he can understand Titusville wanting to have a representative on the Authority as it has two airports within the City limits; and suggested sending a letter stating the Board will go along with House Bill 1217 as written for this year, but next year it will be working on making substantive changes so appointments can be made a little easier for the Commissioners who are affected.

Motion by Commissioner Pritchard, to direct staff to send a letter indicating the Board will go along with House Bill 1217 as written for this year, but next year the Board will be working on making substantive changes so appointments can be made more easily for the Commissioners who are affected.

Commissioner Carlson stated she would agree with that; nothing is going to happen this year; but she would like to cleanse the language as Commissioner Pritchard tried to because she does not feel comfortable having an appointee from Cocoa as it is not in her district any longer. She stated having an appointee from Rockledge and another at large is fine; and to give it to the Commissioner of the District would be more appropriate.

Commissioner Scarborough stated he and Mr. Knox went over the language; it says, “the County and each municipality in the District are hereby authorized to aid and cooperate with the District in carrying out any authorized purposes of the District”; the Board may recall that Maureen Rupe appeared before it expressing concern as to the postures the Board could be compelled to take regarding things that it may not want to do because there are agendas that may not necessarily be airport agendas; and it would appear that the language should include, “not in conflict with any other directives of the municipality or County.” He stated when Ms. Rupe appeared before the Board, it did not think it would have an opportunity to comment; but now it has an opportunity to comment. He stated it says, “the Board of County Commissioners of Brevard County and the City of Titusville are authorized to regulate the height of structures and natural growth in the vicinity of the airport to create approaches”; and this language could be construed as compelling the County and the City to act in postures that may be in conflict with some of their fiduciary responsibilities to the Internal Improvement Fund.

Commissioner Higgs inquired if it has both entities, how is it interpreted; with Mr. Knox responding it is an ambiguous provision; it could be read that both entities have to approve airport regulations; but it could also be read to say both have that authority. Commissioner Higgs inquired if it could be read that one of them acting alone has that authority; with Mr. Knox responding it could be either way, which is why he says it is ambiguous. Commissioner Higgs recommended sharing that with the Governor when the Board sends its comments.

Commissioner Scarborough stated he would support Commissioner Pritchard in his motion because the hour is late and the Legislature has more important things to deal with; but suggested attaching a memorandum from the County Attorney addressing the ambiguity of the two provisions. Commissioner Pritchard stated that would be fine; and he would like to add a line saying this will be readdressed. Commissioner Scarborough stated it would be fine to readdress it because the fact that the District 4 Commissioner has the capacity to look to Cocoa is not really where this needs to be.

Commissioner Higgs inquired what is the rush in doing this; and why not do it right the first time. Mr. Pickles responded they are required by Statute to pass a codification; with Commissioner Higgs responding it does not have to be done this year. Mr. Pickles advised the State requested they pass it this year. Commissioner Higgs stated not every special district is doing it this year; with Mr. Pickles responding that is correct; there is no specific requirement by Statute that it be passed this year; but they are following procedure as requested by the State in presenting this to the House, Senate, and Governor.

Commissioner Carlson stated there is no specific guarantee that it is going to be brought up at all by the legislature next year. Mr. Pickles stated it would have to go through the local Legislative Delegation. Commissioner Carlson stated there is still no guarantee because they are not required to bring it up if they do it this year instead of next year when it is required to be brought up. She stated this is the one bite of the apple; and the Board is being asked to comment on something that has already passed the House, so she is not sure why the Board is bothering. Commissioner Higgs stated she thinks the Board should make full comments indicating this should wait until next year, but if it is going to do it, it should be with certain changes. Mr. Pickles stated it is too late for this year unless it was conducted in a special session.

Commissioner Pritchard stated they are at the point where it is too little, too late for the Board’s input; it is going to be adopted as is; and what the Board needs to do is provide a united front so it will have an amenable Legislative Delegation next year to bring this up. He stated if the Board sets its groundwork well in advance, it will have a good opportunity to make the corrective changes; but at this point to argue is to belittle the procedure.

Commissioner Higgs stated she is not belittling anything; she is just disagreeing on going forward. She inquired if there is a motion on the floor; with Chairperson Colon stated there was a motion by Commissioner Pritchard; and inquired if there is a second.

Commissioner Scarborough inquired if the Board wants to say to the Governor it has some problems with what is proceeding and thinks it would be better if more time was spent as a community working on it. Commissioner Higgs stated that is what she thinks; but if it is going to pass, she would support it with certain changes. Commissioner Scarborough stated he spent some time figuring this out with the City of Titusville; that was the only thing his mind was set on because that is his only city; and he does not have the dynamics of Commissioner Pritchard with multiple cities. He stated he is comfortable with the idea that the best thing is to let the community discuss it further next year.

Commissioner Carlson inquired what was the motion.

Mr. Pickles stated the Board is going to do what it desires; but his concern is if the intent was to wholesale review the enabling legislation, it would be easier to do it as a technical amendment in the future where only certain changes were being made; but if the Board is going to try and rewrite it, it is going to get back in the same position as right now where it is going to open it up for everything, and there may be a problem with getting it passed or getting the things the Board wants passed next year. He stated if it is not done next year, it will be done when the Legislature gets to it; there is no requirement that they do it; but if it is completely open, there may be some things the Board wants that get lost in the shuffle. He stated in the haste to pass it by the Statute, the Legislature may do what it wants because it is the decision making body.

Commissioner Carlson inquired if that is not what the Board is doing now; in haste, the Board is seeing it at the last hour; and it has to do it; with Commissioner Higgs advising the Board does not have to do it.

Commissioner Pritchard stated he has been having conversations with Representative Poppell’s office and the Governor’s office; his motion was to support House Bill 1217 and the companion Senate Bill because that will allow an opportunity next year to have more dialogue and make more adjustments that would be more compatible with the Board as well as the municipalities. He stated the intent is to send a letter saying the Board wants to let it go, but keep the dialogue open so it can address changes next year.

Commissioner Scarborough stated he can support it either Commissioner Pritchard’s way or Commissioner Higgs’ way; if something is not passed this year, it is going to force the issue next year under the codification requirements; if the Board says go ahead, the Legislature may be so busy next year that it may not even come up; if it passes this year, it is not required to come back so control is lost; and if it does not pass this year, the community gets a chance to discuss it next year because it is guaranteed under the codification requirements, so he leans toward Commissioner Higgs’ opinion.

Commissioner Carlson stated that gives the Board and the community time to work; the Board did not know this was going to come up a year earlier than it needed to; and it stands to reason that some might be caught by surprise and want to make a comment.

Commissioner Pritchard’s motion died for lack of a second.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct the County Manager to reply to the Governor’s office expressing the Board’s position that the community needs to discuss the items further because of lack of clarity in some of the lines, and the codification should be postponed until next year.

Commissioner Scarborough requested the motion also include reference to the ambiguities the County Attorney indicated. Motion carried and ordered unanimously.

Commissioner Pritchard stated he voted for the motion because his intent when he originally brought this up was to get the community involved.

Commissioner Carlson inquired if there is a time frame to get the letter to the Governor’s office; with Mr. Jenkins responding he will do it tomorrow.

Motion by Commissioner Pritchard, to adopt Resolution supporting no reduction in U.S. tariff on imported citrus products.

Commissioner Pritchard stated citrus is an important Florida industry; it has a $9.1 billion revenue; and citrus prices should be maintained so that the State budget does not suffer.

Commissioner Carlson inquired if there is some move to lower the tariff; with Commissioner Pritchard responding he does not know. County Manager Tom Jenkins advised there is a move to lower the tariff; and the citrus industry is trying to resist it.

Commissioner Scarborough stated this is almost like the thing Commissioner Pritchard brought up on the gambling boat; the Board does not know all the implications of something like this; nothing is ever simple; and he is frightened of taking a position when it may be part of something much more complex. He stated he can vote with Commissioner Pritchard, but it will be a totally uninformed vote.

Commissioner Scarborough seconded the motion.

Commissioner Higgs stated if the Board is going to take a position, somebody needs to provide the basic arguments on the effect of the tariff; and suggested bringing this back on Thursday night.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to table consideration of Resolution supporting no reduction in U.S. tariff on imported citrus products to Thursday, May 1, 2003 Zoning meeting.

County Manager Tom Jenkins stated it does not have to be Thursday night at the zoning meeting. Commissioner Higgs stated it is a federal issue and not a legislative issue, so she will move to table to the next meeting.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to table consideration of Resolution supporting no reduction in U.S. tariff on imported citrus products to the next meeting. Motion carried and ordered; Commissioner Pritchard voted nay.

Commissioner Pritchard stated he does not see any reason to table this; a tariff is a tariff; if they are excessive, it reduces imports and maintains local prices; he does not think the State needs to ship its citrus crop south; and the Board should provide for Florida’s economy.

ACCEPTANCE, RE: BYRNE GRANT FORMULA BASED AWARD

Commissioner Higgs stated the Board has done the Byrne grant for a number of years; but this is very different than what has been done in the past; and she needs to understand why it has been presented this way. She noted in previous years, there has always been a list of proposed projects as part of the agenda item; but this year there are no projects shown.

Sgt. Wayne Butler stated there is a timeline on this that is a bit different than it has been in the past because the federal government did not get its budget until later; so this is coming to the Board in two different agenda items. He stated to get the process started, they have to get the Certificate of Acceptance back to Florida Department of Law Enforcement (FDLE); he needed to have some kind of public hearing and then get the County to accept the money; and then they will get their applications. Commissioner Higgs advised this is not a public hearing. Sgt. Butler stated he held a public hearing in order to hear proposals for the Byrne grant; he has a timeline of what has to be done in the administrative process for the grant; he does it each year; and instead of it being heard on the same agenda, the Certificate of Acceptance is being held before the Board today and the projects themselves, once they are voted on by the mayors of the County, will appear on the May 20, 2003 agenda. He noted the applications have to be in by June 13, 2003. Commissioner Higgs inquired why would the mayors vote when there is a three-member committee. Sgt. Butler stated the public hearing is held so proposals can be made by the municipalities for applications for the money; then that is put into a letter that is sent to every mayor in the County to get back consensus, which has to be comprised of 51% of the County population as well as 51% of the municipalities. He stated that is what FDLE takes as an accepted application. Commissioner Higgs inquired if the mayors are going to vote out of the public meeting; with Sgt. Butler responding the proposals are given before a board, which then takes those and puts them in a letter to the mayors who say yea or nay. He noted the mayors will bring the issue to their own councils and then vote collectively as a County as to how the money is spent. Commissioner Higgs inquired what does it take; with Sgt. Butler responding 51% of the municipalities or general purpose governments of the County that comprise 51% of the County population. Commissioner Higgs inquired if the County does not vote on the projects; with Sgt. Butler responding the Board will get to vote on May 20 on the projects. Commissioner Higgs inquired if Sgt. Butler is telling her the Board does not get to vote when the projects go out; with Sgt. Butler responding that is not correct; and he sent this out to the 13 municipalities with the two proposals. Commissioner Higgs inquired if there are only two proposals; with Sgt. Butler responding only two have been brought in front of the board. Commissioner Higgs inquired what are those; with Sgt. Butler responding one is the prisoner transportation unit for the Sheriff’s Office which would be in the third year of a four-year funding cycle; and the second would be the State Attorney’s office elderly services program, which is in the fourth year of its funding cycle. Commissioner Higgs stated it says it is a four-year funding cycle; with Sgt. Butler responding that is correct and it is renewable every year. Commissioner Higgs stated this is the third and fourth year of the projects which means they will expire. Sgt. Butler stated it is the third year of the prisoner transportation program, which is currently in its second year; this is for the FY 2003-04 budget; and it would be the fourth year of the State Attorney’s program. Commissioner Higgs inquired when were all the law enforcement agencies notified they could submit proposals; with Sgt. Butler responding an ad was put in the newspaper. Commissioner Higgs inquired if that was the only notification and how much time did they have between the time it was advertised and when they had to submit; with Sgt. Butler responding approximately one week. Commissioner Higgs stated the programs will be funded for a four-year funding cycle; they are renewed each year; if the process approves these this year, then it is going to be a four-year cycle; and they will be renewed each year. Sgt. Butler stated when a project is initiated to the Byrne grant, it initiates a 48-month funding cycle; that is what FDLE will fund; beyond 48 months, FDLE will not fund the same program so if a project was started two years ago and is in the third-year funding cycle, it would be eligible for the full 48 months. Commissioner Higgs stated they do not have to be four-year cycles, and could be a one-year cycle; with Sgt. Butler responding that is correct, they are renewable each year and are voted on each year by the municipalities. Commissioner Higgs stated the municipalities were given one week to respond to a newspaper ad, and that is now a four-year commitment with one-year renewals. Sgt. Butler stated that is not necessarily correct; and the programs are in a funding cycle that started a few years back. Commissioner Higgs stated the same projects are being continued and nobody is getting new projects considered; with Sgt. Butler advising they could if they responded. Commissioner Higgs inquired if nobody responded by the two old projects with the Sheriff’s Department and State Attorney; with Sgt. Butler responding that is correct; this is just to put the project in a letter that the mayors get to vote on; and they will take it before their councils and choose to spend that money. Commissioner Higgs inquired what does the three-member committee do; and stated the agenda report is requesting authorization to continue the current composition of membership of the advisory board consisting of representatives from the State Attorney’s office, Sheriff, and the County Criminal Justice. Sgt. Butler stated they hold a public board to hear proposals; they look at the funding to see all the money is being allocated; and as County Coordinator, he puts them on a letter, which is sent to the municipalities for their vote. Commissioner Higgs inquired if they have veto power; with Sgt. Butler responding that is correct. Commissioner Higgs inquired if it is required by Statute for the mayors to do it; with Sgt. Butler responding affirmatively. Commissioner Higgs inquired what if they say no; with Sgt. Butler responding he would have to hold another public hearing, get more proposals, get 51% letters out, and go through the process before the deadline. Commissioner Higgs inquired if there had been ten proposals for $700,000, would they then have ranked the proposals they liked; with Sgt. Butler responding they would discuss it publicly, figure out how the money was to be divided up, put it on a letter, and put it out to vote. Commissioner Higgs inquired if the vote is either up or down with no ranking; with Sgt. Butler responding that is correct. Sgt. Butler stated applications would then be prepared by the municipalities; and he would coordinate those and get them to FDLE in time. Commissioner Higgs inquired how much match is required; with Sgt. Butler responding 25% match for each program. Commissioner Higgs inquired where are they going to get it; with Sgt. Butler responding this is strictly the administrative process of the grant that they do every year. Commissioner Higgs stated every year before they had the match when they did this; with Sgt. Butler responding every year before it was asking for a dual decision; but this is just asking for one decision from the Board. Sgt. Butler continued he is asking the Chairperson of the Board to accept the Certificate of Participation and send it back to FDLE before the deadline; and then he is asking to be able to continue the administrative process for the allocation of this funding the way it is set up now.

Commissioner Carlson inquired if they are required to do it in this order or can they get the list and combine it on May 20 so they get the full picture. Sgt. Butler advised this has to be in by May 6, 2003; the applications and 51% letters have to have already gone out, which they have; and this is to sign and say the Board wants the formula money that’s being given to the County.

Commissioner Higgs inquired if they agree to the Certificate of Participation and accept the money, is that all they have to do tonight or does the Board need to take items 2 and 3 on the agenda report, authorize the Sheriff’s Office as the point of contact for the grant and authorize the continuance of the current composition of membership of the Advisory Board. Sgt. Butler responded someone has to administer the grant and the funding; but the Board could change that if it wanted. Commissioner Higgs inquired if the Board could change the makeup of the committee if it liked; with Sgt. Butler responding yes. Commissioner Higgs stated she is uneasy with this; she cannot understand how they could notify the cities and others with $357,000 in grants and only get two responses; they had less than a week to respond to a major proposal, which makes no sense; and that is not the way to do business. She stated the County should take this program back again under Management Services as that would be the best way to do it. She recommended the Board agree to the Certificate of Participation and accept the money, designate the Assistant County Manager for Management Services to administer this, and continue the committee with the State Attorney, Sheriff’s Office, County Criminal Justice Service, and one member of the Police Chief’s Association.

Commissioner Scarborough suggested continuing this to Thursday night; with Commissioner Higgs responding she does not mind doing that. Commissioner Scarborough stated a lot of things are being brought up that he has not been briefed on. County Manager Tom Jenkins suggested doing it first on the agenda. Commissioner Higgs stated there are 28 areas where these programs could come from; but there were no other proposals. Commissioner Scarborough stated he would like to have a more in-depth report.

Chairperson Colon inquired how long would the process take if it was to go back and notify the municipalities. Sgt. Butler stated the Board is welcome to do that. Chairperson Colon stated the Board is accused of not communicating very well with the municipalities; she would be criticized for just putting an ad in the newspaper and calling that communicating; and the same thing applies here. She stated putting an ad does not mean Sgt. Butler actually tried to get feedback from the municipalities; a fax or follow-up call would have been more acceptable; and that is why this is uncomfortable and the Board will be seeing it on Thursday.

Sgt. Butler inquired if this is something he needs to be here for; with Chairperson Colon responding she thinks he probably should be.

Commissioner Pritchard stated this is a grant to the County; the municipalities get to vote on how the County is going to spend this grant money; and this is the part where he is confused. He inquired if Titusville read the newspaper ad and asked for $100,000 for something, would that then become Titusville’s money to use; with Sgt. Butler responding sure. Commissioner Pritchard stated when they use the term Brevard County, they do not specifically mean the Sheriff’s Office, but every government within the County; with Sgt. Butler advising that is correct; it is the entire County’s money, all units of general government. Commissioner Carlson stated it does say upon consensus of 51% of the governments in Brevard County. Commissioner Higgs stated that could include the County; and it could be 40% County and 11% of someone else. Commissioner Carlson stated they do not have input from the rest of the municipalities so it is giving the County carte blanche to say it is okay.

Chairperson Colon inquired regarding the match, does this commit the Board; with Sgt. Butler responding it is a non-binding Certificate of Participation.

Commissioner Higgs inquired who is going to pay for the match; with Sgt. Butler responding that agenda item and the prisoner transportation unit item would come up on the May 20 Agenda; and there would be a request for a match at that time. Commissioner Higgs inquired if the State Attorney is committed; with Sgt. Butler responding the State Attorney would commit to their portion of the match for their portion of the funding dollars; and they would ask the Board for their portion. Commissioner Higgs inquired how much is the State Attorney’s; with Sgt. Butler responding the State Attorney would be responsible for 25% of their program. Sgt. Butler stated they are responsible for the County portion of the County Program; and the State Attorney’s office is responsible for $29,368.

Chairperson Colon inquired if the Sheriff’s Department would come up with the difference or would they be coming to the Board to ask for money; with Sgt. Butler responding that would be an issue to come before the Board. Chairperson Colon stated in other words, it is the Board; with Sgt. Butler responding yes. Chairperson Colon inquired if it is common practice regarding trying to get a grant into the community and it is supposed to go before the entire County or is this the first time Sgt. Butler has experienced something like this with this kind of grant. Sgt. Butler responded there is only one grant that is like this; it is a formula based award given to the County; and they receive the administration from the County.

Commissioner Higgs inquired are there procedural rules that Sgt. Butler could share with staff so the Board can see them before Thursday; with Sgt. Butler responding affirmatively.

Commissioner Pritchard stated under the economic impact line, it says, “acceptance of this award will ultimately improve criminal justice services”; but that does not say anything; and inquired if it would become more specific later on in the grant process so they would know exactly how the money is going to be spent. Sgt. Butler stated this is the acceptance of the Byrne Grant award; the ultimate goal is to have a positive impact on the criminal justice services of the County; that is the purpose of the grant; and this does not involve any money now, but is just the administration process.

Commissioner Scarborough stated the Board needs to know what it is doing; it needs to be fair to the cities; but it is a grant with a 25% match, which is not bad money; and they need to be able to move forward with it on Thursday and make sure it is done correctly. Commissioner Higgs stated no one would want to turn down $350,000.

Commissioner Higgs stated procedurally the Board has some options as to how it proceeds from here; and that is her point, not that she would turn down the money.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to table consideration of acceptance of the Byrne Grant formula based award to May 1, 2003 Board meeting; and direct staff to provide the Board with information from Sgt. Butler as far as how the rules apply to administration of the grant and how this has been done in the past, including copies of previous agenda items. Motion carried and ordered unanimously.

PUBLIC COMMENT, RE: SPECIAL EVENT PERMIT FOR MUSIC EVENT

Nick Nicholson representing Earth Awareness Inc. a 501C3 non-profit organization, stated for the last seven years, they have been running events to help supply arts, music, and drama for participating schools in the County; they also sponsor a big festival once a year, usually the last weekend in March; and they also try to help with all the youth activities they can support. He stated they found out at the last minute about a permit they needed; Earth Awareness is co-sponsoring this event; the band that is performing is a traditional small folk bluegrass band; and one part of the mission of Earth Awareness is to foster greater understanding of heritage music and pass off the tradition to the younger generations. He stated this is a small event with 200-ticket advance sale; and all the money after expenses goes to the Earth Awareness Fund. He stated the problem is with the venue; Captain Garo’s Redfish Inn had a problem with an event two weeks ago; the previous event had full electric bands and an attendance of approximately 1,500 people as opposed to the 200 people they are expecting for their event; and because of a problem with the previous event, the permitting office denied their permit. He stated he is trying to explain the difference between the previous event and their smaller event; and requested permission to obtain a permit and continue the operation tomorrow.

Chairperson Colon inquired where is this to be held; with Mr. Nicholson responding it is in Frontenac, just south of the Frontenac Flea Market, at Captain Garo’s Redfish Inn. Mr. Nicholson advised all the area has signed off on the permit application; and the denial was because of a problem that existed with another organization that they have nothing to do with. Chairperson Colon inquired if anyone from staff knew Mr. Nicholson was coming before the Board today; with Mr. Nicholson responding staff told him to come before the Board. Chairperson Colon inquired whom Mr. Nicholson spoke to; with Mr. Nicholson responding Mary Ann and Peggy, who told him he needed to come explain this to the Board.

County Manager Tom Jenkins advised what the gentleman reported concurs with what staff’s experience was; approximately two weeks ago there was an event at the location; staff was hesitant to approve that event because there is a history at this location with the neighbors having problems with the noise traveling; the individual at the event two weeks ago threw himself on their mercy claiming if he did not hold this event, it would wipe him out; and staff approved it for one time to see how it would go. He stated they got numerous complaints about the special event from the neighbors around the area; it is surrounded by residential; and so when this application came in this week, he and Mr. Washburn concurred that based on the complaints from the last event, they did not feel comfortable approving another special event permit for outdoor music, particularly amplified outdoor music. He stated he did not speak to Mr. Nicholson, but to the owner of the business and advised him of the situation; Ms. Busacca also met with the owner and explained the various options; and the Ordinance says that anyone who is denied a special event permit has the right to come to the Board to ask for that to be overturned. He stated the dilemma for Mr. Nicholson is that the event is for tomorrow night; and he is here under public comment because that is the only recourse that is available to him.

Mr. Nicholson stated the previous event ran three electrified bands; and they had high-powered equipment and a lot of people.

Commissioner Scarborough stated years back there was an ongoing Code problem at this location; Mr. Washburn advised the owner that this was a problem area and any loud music would cause problems with the neighbors; Mr. Washburn and Mr. Jenkins tried to work with them on the previous event; but now they have advertised another event, and are saying they will do it differently. He stated if the Board approves this, the next meeting will have all the neighbors here asking why staff denied the permit and the Board approved it; and he cannot support doing this. He stated the message was clear to the owner that they were walking on very thin ice; and he does not know why they booked and advertised another event at this location.

Chairperson Colon stated the Board has taken no action.

Upon motion and vote, the meeting was adjourned at 9:50 p.m.

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JACKIE COLON, CHAIRPERSON
BOARD OF COUNTY COMMISSIONERS
ATTEST: BREVARD COUNTY, FLORIDA

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SCOTT ELLIS, CLERK

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