The Board of County Commissioners of Brevard County, Florida, met in regular session on August 31, at 5:36 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O'Brien, Nancy Higgs, Sue Carlson, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Nancy Higgs.

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

ANNOUNCEMENT, RE: ZONING MEETING

Chairman Scarborough stated he has been advised that a card has been received regarding a zoning item; and the zoning meeting will be held on Thursday night.

GRANT PERMISSION, RE: BUCCANEER GAS PIPELINE TO ENTER COUNTY PROPERTIES

County Manager Tom Jenkins stated Buccaneer Gas Pipeline has requested authorization from the County to survey four County-owned parcels, which are the sewage treatment plant in Port St. John, Fire Station 25 in Port St. John, an undeveloped tract west of Quarno Road, and the Off-Road Vehicle Park; they are allowed by law to do a civil survey upon lands of a third party; however, they are also requesting permission to do an environmental survey to determine endangered or threatened species and habitats as well as any archeological concerns on those sites.

Chairman Scarborough inquired if staff has reviewed this, and are there concerns; with Mr. Jenkins responding none, other than the fact that it is a gas pipeline. Chairman Scarborough inquired if the County Attorney has any concerns; with County Attorney Scott Knox responding no, they are allowed to survey by law. Chairman Scarborough stated they are going beyond what they are allowed to do. Mr. Knox stated he has no legal concerns, and it is a Board decision whether it wants to allow them on County property for those purposes.

Commissioner Voltz inquired what will they do if the County refuses, and can they take the County to court; with Mr. Knox responding he is sure someone could make something of it. Chairman Scarborough stated he has no problem with it, but it is a different request. Mr. Knox stated it is a formality.

Commissioner Higgs inquired if there is any reason this has to be done tonight; with Mr. Jenkins responding no. Commissioner Higgs suggested asking the County Attorney to look at it, and advise the Board on Thursday, at the zoning meeting. Chairman Scarborough stated he would prefer to do that; and requested Mr. Jenkins touch base with members of staff who normally deal with these issues.

Commissioner O'Brien stated he can appreciate that the Board wants to look at it closely; but if the Board wants FP&L to stop using the fuels it currently uses to create electricity, the gas will have to be available.

Chairman Scarborough inquired if the Board extends the right to go on the property, are there certain things the Board should consider such as restrictions or requirements. Commissioner O'Brien stated there is no harm in waiting; but he does not want the Board to block it.

DISCUSSION, RE: RECLASSIFICATION OF SURFACE WATERS

Commissioner O'Brien stated he received a notice of public workshops regarding potential surface water reclassifications by the DEP, and part of it looks for statements from elected officials. He stated they will hold a public hearing on Thursday, September 2, 1999 at 10:00 a.m. at the Suntree Public Library. He stated they want to reclassify specific surface waters from Class 3 to Class 2 under Rule 62-302.400 FAC; there are ten areas in the State that have been approved for shellfish harvesting but are not currently Class 2 waters; and they include the Indian River, Banana River and Mosquito Lagoon. He stated he does not know if the Board wishes to make any comments to DEP, but it is very short notice for the meeting; and he would like to see if it is possible for DEP to readvertise, give the County 30 days to look into this, and then have the public hearing.

Commissioner Higgs stated the Board can direct staff to attend the meeting and then report; the comment period will go beyond the meeting on Thursday; and that will give the Board a sufficient window for comment.

Chairman Scarborough stated staff is planning to attend the meeting. Assistant County Manager Steve Peffer advised staff will be at the meeting; the State is looking at areas which are already conditionally classified for shellfish harvesting; and making them Class 2 waters would be the normal classification for shellfish harvesting. Commissioner Voltz inquired what is the difference between Class 2 and Class 3. Mr. Peffer stated Class 3 is used for recreation and normal water activities; Class 2 water is usually reserved; and when it is reserved for shellfish harvesting, additional restrictions are placed on discharges. He stated if there is going to be shellfish harvesting from those waters, the intent is to assure they are cleaner waters so there will be a safe product for the citizens who consume them; and the State wants to put additional protections on those waters. Commissioner Voltz stated that could potentially cost the County a lot of money as far as runoff is concerned; and inquired if the State is going to give the County time to do any of it. Mr. Peffer stated he cannot answer those questions at this point, but they will probably be able to get some of that information at the public meeting, and will report to the Board. Commissioner Voltz inquired if the waters are classified Class 3 now; with Mr. Peffer responding yes, they are Class 3 and conditionally approved for shellfish harvesting.

Commissioner O'Brien inquired if it could take away some of the recreational use of the water; with Mr. Peffer responding no. Mr. Peffer advised areas that are approved for shellfish harvesting are usually also approved for other uses; commonly it is possible to have recreational uses in shellfish harvesting waters; and large portions of the County are already classified as Class 2. Commissioner O'Brien stated if they go to Class 2, the State may require cleaner runoff in those areas; and inquired if that is the driving issue to force the County to take immediate action. Mr. Peffer stated there is a likelihood that any kind of discharges would be given greater scrutiny by the State, particularly any new discharges, which may have to meet higher water quality standards. Commissioner O'Brien stated the Board should know more about the differences in Class 2 and Class 3 waters, and what the effect would be on the citizens of the County; no one wants to have a dirtier river; but no one wants so much restriction that they cannot appreciate their life here.

Commissioner Voltz stated whoever goes to the meeting should get information on the timeline and any restrictions that will be put on the County once the waters are classified Class 2. Commissioner O'Brien stated he would also like to know how this was advertised, in what newspapers and when, because in the past DEP has advertised in newspapers in Tallahassee.

DISCUSSION, RE: LETTER CONCERNING BANKRUPTCY COURT

Chairman Scarborough stated each Commissioner should have received a letter requesting a federal bankruptcy court be established in the County; there currently is no presence of the federal judiciary; and John Harris, President of the Brevard County Bar, advised it would be a major first effort. He stated, at his request, Mr. Harris prepared a letter for his signature; and requested permission to sign such letter.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to authorize Chairman Scarborough to sign a letter, prepared by John Harris, President of the Brevard County Bar Association, concerning establishing a federal bankruptcy court in Brevard County.

Commissioner O'Brien inquired if the judges are in Orlando, how can someone from Brevard County afford to go to file for bankruptcy; and stated the County should have a federal bankruptcy judge.

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

APPOINTMENT, RE: SPACECOAST COMMERCE PARK AUTHORITY

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to appoint J. B. Kump to the Spaceport Commerce Park Authority replacing Tom Barnett, with said term to expire August 30, 2000. Motion carried and ordered unanimously.

RESOLUTION, RE: RECOGNIZING MERRITT ISLAND JUNIOR JAYCEES

Michael Hilpertshauser, Brenda Hilpertshauser, Tonya Carlson, Steven Carlson, and Sue Woodard, representing the Merritt Island Junior Jaycees, introduced themselves.

Commissioner O'Brien read aloud a resolution recognizing the Merritt Island Junior Jaycees for its outstanding accomplishments and awards.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution recognizing and commending the Merritt Island Junior Jaycees for their outstanding accomplishments. Motion carried and ordered unanimously.

Mr. Hilpertshauser advised of activities of the Merritt Island Junior Jaycees. Commissioner O'Brien presented the Resolution to Mr. Hilpertshauser.

RESOLUTION, RE: PROCLAIMING REHABILITATION WEEK

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution proclaiming the week of September 12 through 18, 1999 as Rehabilitation Week. Motion carried and ordered unanimously.

APPROVAL, RE: FY 1999-00 CULTURAL EVENTS MATCHING GRANTS

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve the cultural events matching grants from the Tourism Development Council as follows: $7,500 to Melbourne Art Festival, Inc.; $5,000 to Space Coast Art Festival, Inc.; $7,000 to Brevard Symphony Orchestra; $7,500 to Brevard Museum of Art and Science; $7,500 to Valiant Air Command; $7,500 to Brevard Community College Diversity Festival; $2,500 to City of Titusville Jazz and Space; $5,000 to Alliance of Hispanics Fiesta Carnival; $7,500 to Space Coast Pops; and $7,500 to Brevard Museum of History and Science, for a total of $59,500. Motion carried and ordered unanimously.

APPROVAL TO SUBMIT BUREAU OF JUSTICE ASSISTANCE AND OFFICE OF JUVENILE JUSTICE AND DELINQUENCY PREVENTION GRANT APPLICATIONS, RE: LOCAL JUVENILE JUSTICE PLANNING

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to authorize staff to apply and the Chairman to execute grant applications to the Bureau of Justice Assistance (BJA) and Office of Juvenile Justice and Delinquency Prevention (OJJDP) to enhance the research and data gathering capabilities of the Juvenile Justice Comprehensive Strategy Planning process. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING NATIVE AMERICAN HERITAGE MONTH

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution proclaiming November, 1999 as Native American Heritage Month in Brevard County. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to appoint/reappoint the following: Albert Thomas, William Parlon, Michelle "Shelly" Armstrong, Kathy Jarrell, Evon Jackson, Ray Hoffman, Dorothy Hill, and Nick Beninate to the Parks and Recreation Merritt Island/Beaches Service Sector Advisory Board; Dick Freider to the Citizens Budget Review Committee; and Jackie Horn to the Mims/Scottsmoor Public Library Advisory Board. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve the bills and budget changes, as submitted. Motion carried and ordered unanimously.

STAFF DIRECTION, RE: SOUTH MAINLAND SERVICE FACILITY

Dr. Tom Gamble, President of Brevard Community College, stated he is present to answer any questions the Board may have regarding the property Brevard Community College currently owns and is willing to share with the County in some capacity; and any property exchange involving the College will have to involve the College Board of Trustees and, in some cases, the direct support organization boards. He stated they are offering the County 17 acres adjacent to the BCC campus; the property is currently under bond; and they are offering the property at $27,500 an acre. He stated there is also some greenway land adjacent to the property that is not buildable, but could be included in the arrangements. He stated there has been some discussion about locating a Sheriff's facility adjacent to the Fire Station on the Palm Bay campus; and they are interested in talking about that. He stated they would like to have either or both of the facilities on or near the campus; and encouraged the Board to look at the property.

Commissioner O'Brien inquired if the property which BCC owns was bought for future expansion; with Dr. Gamble responding some of it was considered for future expansion, but it was more pegged to an industrial park arrangement. Dr. Gamble stated in the future, there will be more development; they are in the process of talking to a firm now about the clean room; and the University of Florida has added its agricultural extension facility adjacent to that area; but none of these facilities are on the campus and do not fall under the master plan. Commissioner O'Brien inquired why BCC would own such a massive piece of property, and then sell it; and inquired why it was purchased; with Dr. Gamble responding Commissioner O'Brien would have to ask the former administration. Dr. Bert Purga pointed out the various areas on the map; and stated the College property represents 200 acres. He described the area surrounding the campus; and proposed locating the Sheriff's facility in proximity to the Fire Department Substation. He stated contiguous to the 17 acres to the immediate west is "S" shaped greenbelt property that is owned by the College Foundation; the two parcels immediately west of that are now owned by St. Johns River Water Management District; and the proposal is the 17 acres owned by the Florida Educational Research Foundation and the other property. He advised the community swimming pool has been moved; and they are moving to completion of a master plan that will protect property for the next phase of campus expansion. He stated the property along San Filippo is valuable; as yet, they have not engaged that property in any specific plans for the campus or the future of Palm Bay; and showed on the map where the campus center, community pool, footprint for the potential YMCA, University of Florida, BTR Labs and the Clean Room, and St. Johns River Water Management District property are located.

Dr. Gamble stated there is a collection of community related activities; it would be advantageous for the County to locate there because there would be easy access from I-95, accessibility across the County, and the area is developing as a hub.

Commissioner Voltz inquired if the property was bought through the City of Palm Bay industrial revenue bond program; with Dr. Purga responding yes, item 1 on the map would be part of that 44 acres. Commissioner Voltz inquired if BCC needs to get rid of the property for financial reasons; with Dr. Purga responding it would be advantageous to the principal of the bond issue. Dr. Gamble stated they are interested in retiring the bonds. Dr. Purga stated the acreage that went to St. Johns River Water Management District was also in that bond issue; and proceeds from that sale went to retirement of the bonds. Commissioner Voltz inquired if St. Johns River Water Management District looked at the property being offered to the County; with Dr. Purga responding he believes they did. Coleman Goatley, representing Bayside Lakes, stated the Board has the information on the relative merits of the properties; and inquired if all questions regarding the Bayside Lakes offer have been answered to the Board's complete satisfaction. He stated they have offered a site that is located in what is the true hub of Palm Bay; Town Center was originally planned to be the hub of Palm Bay; the location offered is near the intersection of two collector roads; and it is easy to get to from any place in Palm Bay including the northwest area. He stated the price offered is fair; if the price is calculated per acre based on the offer, it would end up at $7,000 an acre; and that is net of retention. He stated there are no environmental problems; the land has been thoroughly investigated, and they have the reports available; and there are no wetland problems, turtles or scrub jays. He advised of the central location of the site, accessibility, other commercial enterprises in the area, and reasonable architectural standards; and requested the Board consider his offer on its merits.

Chairman Scarborough inquired about another parcel across San Filippo that was discussed. County Manager Tom Jenkins responded Commissioner Carlson asked for additional information about the other parcel; it is on San Filippo just south of the BCC property; it consists of 35 acres at $525,000 negotiable; and 17 acres are zoned permanent government facilities which would be sufficient for phase one. He stated development of the remaining 18 acres would require an amendment to the City's DRI and Comprehensive Plan at an estimated cost of $10,000, and would take approximately nine months; and the parcel lies within a designated scrub jay and possible tortoise habitat, although a cursory walk-through did not reveal signs of the species.

Chairman Scarborough stated the Board looked at parcel 1 from BCC, but at the meeting there was also a possible split which was shown as parcel 3; and inquired if Dr. Gamble is still willing to discuss parcel 3 or has it been withdrawn from discussion. Dr. Gamble responded BCC has removed parcel 3 from discussion.

Commissioner Voltz stated it is not true that the Supervisor of Elections prefers the BCC site because there is a letter from Mr. Galey advising he prefers the other site. She stated the BCC site is not large enough; and the traffic is horrendous. She stated there are a number of streets that go to the Bayside site; most of the major arteries in Palm Bay lead to the site; and it is at the hub of the population. She stated it is a better deal financially for the County; and that is the site the Board should choose. She commented on the traffic problems; and stated she cannot support the BCC site.

Commissioner Carlson stated she visited the sites; the 17-acre BCC site and the Bayside site were wet; but the contiguous 35 acres off San Filippo was not wet. She stated her first choice would be the 35 acres off San Filippo; but the question of rerouting the drainage is an issue. Commissioner Voltz noted the effect on the residential area. Commissioner Carlson stated the 35 acres abuts a residential neighborhood; the Bayside sites are in the midst of a residential area; and infrastructure is there to bring people to the center. She stated she would like to find out about the drainage for the 35 acres; but Commissioner Voltz stated she though Dr. Gamble said site 3 was out of the question. Discussion ensued on the sites. Commissioner Carlson stated she is concerned about contiguous acreage; her concern with BCC is the 17 acres has only approximately 11 acres which can be developed after retention and wetland mitigation; and it would result in things being decentralized. Commissioner Voltz stated room is needed for growth. Commissioner Carlson stated she is concerned that the philosophy of the Board is changing if it goes for decentralization; commented on the convenience of the Sarno Complex as a satellite center; and stated if the Board starts splintering out things, it is going to cause a lot of issues to arise from the public.

Commissioner Higgs stated the staff reports indicate that the opinion of the Transportation office is that the BCC site is more accessible than the Bayside Lakes site; the short term cost of the BCC site is higher; but if the property remained off the tax rolls as a part of the College for a long time, it would, over time, be closer to the cost of the Bayside Lakes site, which would have to be removed from the tax roll. She stated it would be hard to estimate the real cost, but they may be closer than they appear; and the BCC site offers the citizens and the County the best deal in the long run.

Commissioner Voltz stated she disagrees with the staff report; and described the traffic problems with San Filippo, which is the only access. She noted there is access off Babcock Street, but that is potentially going to be moved south when the City gets around to it. She outlined the residential areas; stated if the Board wants to go where the people are, Bayside is the best site; and compared the costs.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve using the two-acre Brevard Community College site for the Sheriff's Department. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve the Bayside site for the new South Mainland Service Facility.

Chairman Scarborough stated the Board needs to acquire enough land; he likes the idea of the marriage with the College; and advised of things that have happened in North Brevard with BCC and the Parrish Medical Center in creating a joint campus. He stated that is the same thing the County will be able to participate in at the South campus of BCC; he understands the concerns about the acreage and price; but he is not as price sensitive when buying something for the next century. He stated the parcel across San Filippo is more expensive and there have been some concerns; but there would be an ability to have the size and capacity to create a joint community with BCC; and that is his favorite site. He stated the Bayside Lakes property is not a bad deal; but he does not want to crunch a couple of coins today when there is an opportunity for great visions.

Commissioner Voltz stated the Board does not know how much of that site it will actually be able to use. Mr. Jenkins advised several Commissioners mentioned that residential is adjacent to the third site; 17 acres are currently zoned, and the balance is not; and the County would have to go to the City for a DRI and Comprehensive Plan change which may involve neighborhood objection. Commissioner Voltz stated when a building was going to go to that area, the people came out against it. Mr. Jenkins stated he wanted the Board to be aware that the County would have to get a change, and he is not sure what would happen.

Commissioner O'Brien stated he does not disagree about looking to the future; but he has talked to some of the people who are involved in the process and they prefer the Bayside site. He stated the Commissioner from the District knows the area better than he does. Commissioner Voltz stated this is Commissioner Higgs' District, but she does not live in Palm Bay, and she is there on a regular basis. Commissioner Higgs stated the Bayside site is not in District 3. Commissioner O'Brien stated he sees the population as being in that general area which makes it accessible; and commented on the price.

Commissioner Higgs stated the City of Palm Bay has a lot of people north of Malabar Road and east of Minton Road; and considering the future needs, a significant part of the population would be best served by the BCC site, although they would not be badly served by the Bayside site. She stated the service to the people of Palm Bay and the citizens in the south part of the County is the important thing. Commissioner Voltz stated the bulk of the population is near the Bayside site; it is almost right behind Palm Bay City Hall which is the center of Palm Bay; and if the Board is going to serve the people well and look to the future, the Bayside site is the best.

Chairman Scarborough stated if the Bayside site was next to BCC, he would really be excited, but nothing is that simple; and he had hoped something could be created similar to what has been done in North Brevard. He stated he appreciates the significance of the overall size for the future need; and he will vote in favor of the motion for the Bayside site. He stated he has concerns about the 17 acres in the long run. Commissioner Higgs suggested the Board table the issue or vote no on the Bayside site, and get further information from staff on the 35 acres across from San Filippo. Commissioner Voltz stated she would never support that. Commissioner O'Brien expressed desire to move forward with the vote on the site.

Discussion ensued on need to go through the DRI, restrictions on the 17 acres, previous decision to put government at Viera, cost of BCC land, and necessity to use 2 to 4 acres of the 17 acres for retention.

Chairman Scarborough called for a vote on the motion to approve the Bayside site. Motion carried and ordered. Commissioners Scarborough, O'Brien, and Voltz voted aye; Commissioners Higgs and Carlson voted nay.

The Board expressed appreciation for the offers of land.

Facilities Management Director Hugh Muller requested permission to proceed with selection of an architectural and engineering firm to design Phase 1 and do a site plan for the selected property, proceed with selection of a contractor with pre-qualification of contractors, and proceed with commercial paper to finance the construction.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to direct staff to proceed with selecting an architectural and engineering firm to design Phase 1 and do a site plan for the selected property, select a contractor with pre-qualification of contractors, and proceed with commercial paper to finance the construction. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE PROHIBITING OFF-PREMISES COMMERCIAL SIGNS

Chairman Scarborough called for the public hearing to consider an ordinance prohibiting off-premises commercial signs. He advised ten people have asked to give their time to Jack Kirschenbaum; this is contrary to the Board's policy; and a motion will be necessary to waive normal operating procedure. No motion was heard. Chairman Scarborough stated Mr. Kirschenbaum will get the same amount of time as everyone else, and those people who submitted cards in his behalf will be given an opportunity to speak individually. He advised Desiree Albo submitted a card indicating she is against the proposed ordinance.

Jeff Downs expressed opposition to the ordinance, and requested politics be set aside. Gloria Blake, Florida Federation of Garden Clubs, expressed support for the billboard ordinance. Harry Stewart, representing Republic Media, expressed opposition to the ordinance, compared advertising costs, commented on the various options for billboards, and requested the Board consider extending the moratorium for 6 months. Mary Tees expressed support for the ordinance; commented on states with no billboards; recommended the County Attorney write the ordinance; and inquired about the moratorium extension.

Assistant County Attorney Christine Lepore advised the moratorium extension is scheduled for a hearing on Thursday. Commissioner Higgs stated if the Board acts tonight on this ordinance, there will be no reason to do that on Thursday night; with Ms. Lepore advising that is correct.

Ms. Tees advised the meeting Thursday night will not be televised. Barbara Jagrowski, representing Scenic America, commented on the economics of billboards and informational signs; expressed support for the ordinance; and requested inclusion of non-commercial signs, language to address abandoned and illegal signs, and complete removal of all billboards within 7 to 10 years. Maureen Rupe, President of the Port St. John Homeowners, stated the Homeowners Association voted to oppose billboards. Ms. Rupe, speaking for herself, expressed concern about the separation requirements for non-commercial signs and safety considerations. Jackie Gregory, representing North Brevard Beautification Commission, urged the Board to adopt the proposed ordinance. Charles Long, President of Caleb Services, stated Kennedy Space Center Visitor Center is one of his clients; read aloud a letter from the Marketing Director of KSC emphasizing the importance of outdoor advertising in its marketing campaign; advised of the use of political signs; and requested, before changes are made, that there be some input to make sure the changes benefit everyone. Mr. Long advised the Astronaut Memorial Fund is another client; and it looks at the outdoor advertising industry as an ally.

The meeting recessed at 7:02 p.m. and reconvened at 7:16 p.m.

Chairman Scarborough requested Assistant County Attorney Christine Lepore address where the Board is going with the different elements. Ms. Lepore stated the Board directed staff to look at the issue in stages, the first stage being prohibiting the future location of commercial billboards in the unincorporated area; the Board is not considering the issue of amortizing existing non-conforming billboards as part of the proposed ordinance; and that will be brought before the Board at a later time. She stated there are some limitations to that; due to federal and State laws, the County is not able to amortize non-conforming billboards located on federal aid primary roads; so it is not possible to amortize all billboards, if the Board enacts the prohibition ordinance which is before it this evening. Chairman Scarborough stated the Board has referred the issue of onsite signage to Chambers of Commerce and Economic Development Commissions as a totally separate issue; so there are several elements proceeding. Ms. Lepore stated there is also a removal ordinance pending that has just gone to the LPA for review and will be coming to the Board in late September or early October; it calls for removal of all illegal signs erected without permits; and it would provide for notice to the sign owner that the sign is illegal and needs to come down within 30 days or the County could cause removal of the sign.

Attorney Jack Kirschenbaum advised of his earlier requests on behalf of Eller Media for more time and the right to have a public meeting, and meetings with staff; requested the moratorium be extended to allow more time to work through the options; advised the proposed ordinance and amortization theory will not reduce the net number of signs; and noted the proposed ordinance has Constitutional flaws.

Chairman Scarborough stated Serafino Poccella submitted a card indicating opposition to billboards.

Karen Dibbern advised of a letter that was previously sent to the Board by Ed Moriarty who is President of Ron Jon's Surf Shop, indicating the effectiveness of billboard advertising; and requested an extension of the moratorium. She requested the Board reconsider the impact the proposed ordinance will have on tourism-based businesses. Beverly Sanders, Community Relations Director for the Melbourne-Palm Bay Area Chamber of Commerce, expressed concern about the proposed ordinance limiting billboards; commented on the impact to tourism; and requested the Board take more time to study the issue and let staff work with the County Tourist Development Council to coordinate an impact study to determine how the changes will affect local tourism. Priscilla Griffith, Co-President of the League of Women Voters of the Space Coast, stated the League can neither support not oppose the proposed ordinance because its study has not been completed; and read aloud a letter from Kim Zarillo, President of the Partnership for Sustainable Future, Inc., expressing concern about the I-95 exemption, suggesting use of the Citizens for Scenic Florida's method of using logo signs to list all commercial and non-commercial activities at each exit, and urging the Board to continue efforts to remove non-conforming signs by applying a non-cash amortization program. Sandra Ball advised of the work of Transformation Titusville on adoption of a Sign Ordinance; encouraged the Board to adopt a similar ordinance rather than putting it off; and stated the City compromised in allowing billboards on the I-95 corridor. Sally Mallow outlined the Board's actions on billboards; advised of her personal experience with a billboard lease; and commented on billboards doing business in many markets, cap and replace programs, need for stronger policies, and problems with enforcement. Ms. Mallow ran a video clip from the March, 1999 Board meeting where Mr. Dunnivant indicated if it was his billboard, he would remove it from Ms. Mallow's property. Greg Van Vazick, representing Outdoor Systems, expressed opposition to the current ordinance and support for extension of the moratorium; advised of the benefits of billboards; listed companies that use billboards; emphasized the negative impacts of the proposed ordinance; and requested the Board reconsider. Aileen Reilly, representing Chancellor Media, expressed opposition to the proposed ordinance and support for extension of the moratorium; advised the problem billboards cannot be removed without compensation to the owners, and the logo program is limited and was not meant to replace outdoor advertising; stated what is best for the County is to give the industry an opportunity to present alternatives; and requested the Board not adopt a prohibition or incomplete ordinance. Carol Roach, owner of the Cocoa Best Western, member of the Board of Directors for the Convention and Visitors Bureau, Board of Directors for the Better Business Council, and member of the Tourism Development Council, expressed concern about the proposed ordinance; and advised of the impact of the removal of the billboard at the Sheriff's farm and other billboards on I-95. Daniel Dunnivant, representing Lamar Advertising, stated his comment shown in Ms. Mallow's video clip was sincere; advised 75% of his business is local, amortization does not work, and the industry is willing to work with the County; and challenged the Board to get the true information. Bill Williams, representing the Space Coast Advertising Federation, stated a community that looks good to the outside will be good for business; commented on fairness and protection to small businesses such as The Christmas Cottage; and recommended taking the entire problem as a whole, meeting with the industry experts and people with community concerns, and coming up with a proposal that everyone buys into. Herb Rollins stated approximately one-third of the revenue for his company is derived for the work from the outdoor advertising industry; and he and others in the industry purchase thousands of dollars in materials from the community. Julie McBeth, Real Estate Manager for Eller Media, advised of $1.3 million in rent paid by Eller Media to landowners; commented on limitations on logo signs, reduction in billboards since 1984, federal and State protection of billboards, and use of Eller billboards by Transformation Titusville; advised all counties have billboards, although some do not have any more being built; and recommended working together to develop an ordinance everyone can live with. Larry McIntyre, President of Eller Media, advised of the history and growth of the company; stated the proposed ordinance will not provide the desired result; recommended working together on an ordinance to benefit everyone in the community; and requested the Board not adopt the ordinance tonight and extend the moratorium. B. B. Nelson suggested three changes to the proposed ordinance, eliminating political signs on rights-of-way, changing separation standard on I-95 to 1,500 feet, and not declaring all existing off-premises commercial billboards non-conforming; commented on the unconstitutionality of taking properties and rights to use properties; advised if the County takes the use of properties from the owners, the Property Appraiser must lower the value of the assessment; and noted the negative impact of prohibiting commercial billboards.

Chairman Scarborough stated Commissioner Higgs inquired about the status of political signs in the right-of-way; with Ms. Lepore responding they are not allowed in the unincorporated area of the County according to the current Ordinance. Chairman Scarborough advised he has ceased using any outdoor advertising in his campaigns for a number of years. Commissioner Voltz stated she put up a lot of signs, but tries to not put them on the right-of-way. Chairman Scarborough stated there are a number of abuses; and staff pulls the illegal signs. Commissioner Voltz stated a lot of times the competition will pick up your signs and put them on the right-of-way so they will be picked up.

Andy Tucker, representing the G. A. Tucker Family, stated it is his understanding the proposed ordinance does not affect the signs on his property; advised of changes to the County including the construction of I-95 which was a hardship on the family, except for the right to have income from the signs; commented on the economics of having the signs; and requested the Board consider the impact on those people who derive income from the signs. Charles Moehle, President of Modern, Inc., advised Brevard County's commerce needs billboards; commented on inconsistent language on page 7 in paragraph 3, restrictions on logo signs, and standards on I-95; and requested the Board provide aid to commerce. Friley Knight expressed opposition to the proposed ordinance; advised of a previous zoning request to the Board; stated he gets income from billboard advertising; and suggested instead of worrying about billboards, the Board spend its energies in improving the appearance of the County by cleaning up County property. Nicki Kisner commented on the unsightly appearance of Merritt Island; and expressed concern about working with groups. Dick Freider stated anyone who has traveled in Europe knows there can be life without billboards, but anyone who has driven on Merritt Island knows where all the signs from the counties and towns which have banned them are being put; if signs were banned, companies would find alternative ways to advertise; the main beneficiary of the billboards is the billboard industry; and he supports the ordinance. Heidi Brandow, President of the Cocoa Beach Area Chamber of Commerce, advised of letters from attractions, restaurants, and hotels; stated the Chamber has a concern that the loss of the billboard advertising could have a detrimental economic impact to tourism; and recommended an economic impact study be done and the current moratorium be extended while an ordinance, with input from the experts balanced with the community needs, is drafted. Joe Skowron, representing Gloria Dei Episcopal Church, advised of concern about deterioration of the family unit, work with the Yellow Umbrella Ministry, and donation of a lighted billboard by Chancellor Media; expressed concern that if the number of billboards are reduced and demand stays constant that generosity will no longer be available; stated 30 to 40 billboards in the County are being used for similar purposes; and requested the Board consider the impact of its action. Dorothy Whitaker, President of the Sykes Cove Homeowners Association, urged the Board to adopt the ordinance. Ed Moran advised of the charitable work of the Elks Lodge and support of the billboard company for the Elks; and requested the Board oppose the ordinance. Lisa Dutcher, employee of Eller Media representing Larry Mullen who is Director of Sales and Marketing for Sterling Casinos, expressed opposition to the proposed ordinance; commented on the effectiveness of billboard advertising; read aloud an excerpt of a letter from Mr. Mullen to Commissioner O'Brien concerning the effectiveness of billboard advertising on the success of Sterling Casinos and other attractions in the area; and advised Sterling Casino has nearly 100 billboards in this area with an average price of approximately $450, and Eller Media does not support adult entertainment billboards. Bill Brinton advised of the City of Jacksonville's regulation of billboards, subsequent litigation which the billboard companies did not win, and removal of 800 billboards with another 300 on their way to be removed; and commented on the required clear zones in front of billboards, business concerns on billboards and logo signs, Eller Media being based in Phoenix, Arizona, and non-conforming signs not being a taking. Dale Mallow stated Lamar Advertising is in the process of acquiring all of Whiteco's billboards, so Mr. Dunnivant will own the billboard near his property in approximately four weeks; however, when Mr. Dunnivant was asked if the Board would now be coming down, his response was that he would have to check into it. Mr. Mallow displayed slides of the billboard on his property; stated the State is going through the hearing process to get the billboard removed; and recommended the Board adopt the ordinance. Angel White, representing Eller Media, commented on the beauty of the County and the integrity and support of the community by Eller Media.

The meeting recessed at 8:47 p.m. and reconvened at 8:58 p.m.

Commissioner Voltz stated a stronger policy is needed for billboards; however, last summer she visited Vermont and Maine, and she will never go back there. She advised of difficulty in finding a place to eat lunch without signage; and stated it was one of the most frustrating experiences she ever had. She stated the logo signs are hard to read while driving; businesses in a community benefit from billboard advertising; and various businesses have advised it will be detrimental to them if they have no billboards. She stated this will not affect Titusville; it will only affect unincorporated Brevard County; and inquired if this will not result in fewer signs, why is the Board going through it. County Attorney Scott Knox responded he is not sure that is the case because the billboard industry would not be complaining so much if nothing was going to happen. Commissioner Voltz stated all the billboards are not coming down within the next six months; while billboards are a benefit to the community, there are too many billboards on Merritt Island; and this is something that needs to be looked at, but there need to be compromises on both sides. She stated one side says absolutely no billboards; the other side wants some billboards; and both sides need to be willing to talk this out and compromise. She stated she sees no reason to adopt the ordinance tonight; and recommended waiting to let all sides work together, the billboard companies, staff, and other people in the community who need to be involved. She stated the City of Palm Bay does not have a billboard ordinance; if the County prohibits signs in the unincorporated area, the signs will all go to Palm Bay; and she does not want a proliferation of signs in Palm Bay. She stated the Board listened, but inquired if it really heard the businesses in the community; she is concerned about local businesses; and Bruce Moia advised it would not be possible to put any signs up within three miles of the exits on I-95. She stated there will be serious economic impact to the community; she is not willing to let that happen; she has gotten more letters against the ordinance than in support of it; and there is no reason to rush this through. She recommended allowing additional time for the moratorium to continue until a compromise has been reached; and the Board look at the size of the signs and their appearance and not total elimination of billboards.

Commissioner Higgs stated maybe no billboards will come down if the Board adopts the ordinance, but none will go up; and if the Board adopts the ordinance tonight, no more billboards will go up except in those places designated by the State or mandated through federal law. She stated when this started in April, 1999, there was plenty of opportunity for people to come forward with ideas; and she does not see any reason to continue the item. She stated if the Board goes forward and adopts the ordinance tonight, it will still be able to have discussion by the industry about other aspects, and make amendments if ways can be found to reduce signs. She stated if an ordinance is adopted tonight, no new billboards will go up; those that are in place will be used by local businesses; and recommended moving forward.

Commissioner O'Brien stated he spoke to representatives of the industry and others last month; billboards are a blight on the community; and he has received letters, and read them all, and thought whether he should reconsider his position, but decided he should not. He stated the Board should take action to remove all bus stop benches which are not authorized by the County and let the Junior Chamber of Commerce put out their benches as the Board agreed to almost a year ago; the County should contact the League of Counties and the League of Cities to petition their delegations to beautify Florida, and remove the laws which presently block the removal of billboard signs along SR 3 and SR 520; and it should forbid the clear-cutting of public property in front of billboards. He stated the Board should direct the County Attorney to fully and completely research its ability to remove all billboards; it should send a letter to Congressman Dave Weldon and Bill McCollum requesting their aid to change federal laws which tie the Board's hands to protect the County from visual blight; and counties should speak as one voice to have the protection of the billboard industry by the federal and State governments stripped away and laws reflect the needs of the communities. He stated he is in full agreement with Mary Tees and Barbara Jagrowski; and commented on the number and appearance of billboards on Merritt Island.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Ordinance of Brevard County, Florida, amending Chapter 62, Article IX, Code of ordinances of Brevard County, Florida; specifically, amending Sec. 62-3309 pertaining to prohibited signs; amending Sec. 62-3318 prohibiting off-premises commercial billboards within unincorporated areas of County; providing severability; and providing effective date.

Commissioner Voltz stated she agrees that Merritt Island has visual blight, but she does not in her District; she does not know what the rush is, and why the Board is adopting such a sweeping ordinance that will affect businesses such as Kennedy Space Center, Harvey's Groves, and Ron Jons; and she does not support tons of billboards, but supports some billboards; and if the Board adopts the ordinance it will seriously hurt businesses.

Mr. Knox stated on page 7, Mr. Moehle brought up reference to Section 62-3216; that is a misprint; and it should be 62-3318.

Commissioner Carlson stated she wants to continue with the original intent of the ordinance; she would like to see all billboards down; she would also like to see all the abandoned and illegal billboards removed, but that is the next step; and the Board should proceed with the first step.

Commissioner Higgs stated the LPA added language that made some allowances around the interstate highway entrances and exits at three miles; and the Board needs to determine how it wants to deal with that. Commissioner O'Brien stated the LPA language should be removed from the ordinance.

Motion restated by Higgs, seconded by Commissioner O'Brien, to adopt Ordinance of Brevard County, Florida, amending Chapter 62, Article IX, Code of Ordinances of Brevard County, Florida; specifically, amending Sec. 62-3309 pertaining to prohibited signs; amending Sec. 62-3318 prohibiting off-premises commercial billboards within unincorporated areas of County; providing severability; and providing effective date, amended to delete the underlined LPA language and change the Section on page 7 from 62-3216 to 62-3318.

Commissioner Carlson inquired if Commissioner O'Brien wishes to include some of the other items which he listed; with Commissioner O'Brien responding those will be taken separately. Chairman Scarborough stated his staff indicated that there is an ability to maintain sign status by giving it to a non-profit charitable organization; and requested Ms. Lepore review how that would allow a sign company to preserve the status of a sign. Ms. Lepore advised the ordinance does not address any existing signs; any sign erected in the future would have to be non-commercial; and if it is erected as a non-commercial, it must stay as a non-commercial sign or it would be in violation of the ordinance and subject to enforcement action. Chairman Scarborough inquired about the Titusville High School Boosters preserving the status of its sign; with Ms. Lepore responding that involves the removal ordinance. Mr. Knox inquired if the motion is to delete the language that was highlighted on pages 2, 3, 6, and 7 pertaining to I-95; with Commissioner Higgs responding affirmatively.

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

Chairman Scarborough inquired about action on the moratorium; and should people be advised that becomes irrelevant; with Ms. Lepore responding the Board can announce that it is removed from the meeting Agendas for September 2 and September 14, 1999.

Commissioner O'Brien stated the Board adopted an Ordinance requiring the Junior Chamber of Commerce to be able to advertise on bus stop benches; there is a proliferation of bus stop benches that have not been removed to allow the legal ones to be in place; and inquired if the Board wishes to direct staff to do something about that. Commissioner Higgs stated there is a Contract. Mr. Jenkins stated the Board's direction is sufficient.

Commissioner O'Brien inquired if the Board wants to contact the League of Cities and the League of Counties to petition their delegations to beautify Florida and help remove the laws that presently block removal of billboard signs. He stated the problem is along any State road or County road that is funded by State of federal money, the federal laws on billboards kick in; and recommended getting the League of Cities and League of Counties to petition the Legislature to look at the laws that prevent counties from removing billboards, especially in residential areas. He stated the entrance to Brevard County is SR 528; from I-95 to the Port, there are billboards of all kinds; and there are none in Cape Canaveral or Cocoa Beach, but they are in Merritt Island.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to direct staff to draft letters for the Chairman's signature requesting the League of Cities and League of Counties join in the effort to petition the Legislature to review the laws in the State that prevent counties and cities from taking appropriate actions to remove billboard signs on State and County roads.

Commissioner Voltz stated if staff will draw something up, she can make a presentation to the Florida Association of Counties.

Mr. Jenkins stated staff will need some clarification of what the Board wants to say. Discussion ensued on the language for the letter, including changing laws that prevent cities and counties from removing billboards, and forbidding clear-cutting in front of billboards. Chairman Scarborough suggested Commissioner O'Brien and Mr. Jenkins work on the letter together and put it on the Agenda. Mr. Knox advised he can provide assistance with the legal aspect.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to direct the County Attorney to draft letters to Congressmen Dave Weldon and Bill McCollum concerning the federal laws that prevent the County from cleaning up the visual blight on highways. Motion carried and ordered. Commissioners Scarborough, O'Brien, Higgs, and Carlson voted aye; and Commissioner Voltz voted nay.

Commissioner Higgs stated there are other parts to the Ordinance that need to be addressed; and inquired if those will be brought to the Board. Mr. Knox stated one is currently pending before the LPA.

Commissioner Carlson inquired when Jacksonville took this action 12 years ago, did the City do any sort of impact study, and has there been an economic impact since the removal of billboards. Mr. Brinton advised there was not an economic impact statement in 1986 or 1987 when the Sign Ordinance and Charter Amendment were under consideration; and the Ordinance was amended a few years later to require all signs along all roads, including interstate and federal-aided primary roads, to be downsized to 300 square feet; and there was no economic impact to that. He stated that was the subject of negotiations with the industry later in litigation; and he has seen no negative economic impact in Jacksonville. He stated there are still billboards; under the Board's proposal, it will still have billboards 20 or 30 years down the line; there has been a dramatic reduction, but there are still over 1,000 billboards today; and no businesses that advertise on billboards have gone out of business, to his knowledge. Commissioner Carlson stated comments were made about amortization not working; and requested Mr. Brinton comment on Jacksonville's experience; with Mr. Brinton responding the City would not be where it is today without having used amortization to the fullest extent possible. Mr. Brinton stated there was a reference to bus bench advertising; in the last session of the Legislature, although it did not pass, there was an amendment to a transportation bill that would have authorized local governments to enter into contracts in perpetuity for bus bench advertising; and that would be allowing people to make a mistake that would last forever. He stated there is an opportunity for the County, in certain areas, to designate roads as scenic, and apply for T-21 federal transportation enhancement funds for billboard removal; and it can be done through enhancement funds or specific scenic highway programs. Commissioner O'Brien suggested directing staff to come back with more information about T-21 and how it would work to the County's benefit. Mr. Brinton stated it is a better approach than cap and replace which can lead to permanent blight or allowing revolving billboards as a tradeoff; and it is better to freeze what the County has and use enhancement or other funds for billboard removal or allow nature to take its course, which results in reduction of approximately 1 to 2% per year.

Commissioner Voltz stated when Mr. Brinton spoke earlier, he made it sound as though there were very few signs left in Jacksonville, and now he is saying there are 1,000 signs there. She stated he also made it sound as though there were no negotiations with billboard companies, that they just lost in court; and the comments made earlier seem to be deceptive. Mr. Brinton stated the City went through a process for two and one-half years with the billboard industry, from 1985 to 1987; and with a failure to reach a satisfactory conclusion after that period of time, the issue was placed on the ballot through a citizens' initiative, and it passed. He stated there are over 1,000 boards that are coming down; over 800 are down now; and he didn't speak to how many are still up, but there are approximately 1,000 that are still up today. Commissioner Voltz stated Mr. Brinton did not mention that before, and made it sound as though there were almost no signs left in Jacksonville. Mr. Brinton stated they are headed in that direction, but it will take a generation or two; there were settlement negotiations and litigation later that led to even more boards coming down; and he didn't mention it earlier, but seven came down in the last two weeks because the City contended Eller had breached its settlement agreement.

Larry McIntyre, Eller Media, inquired if the public hearing is closed; with Chairman Scarborough responding a Commissioner had questions of Mr. Brinton. Mr. McIntyre stated Mr. Brinton is with Cap Signs in Jacksonville, Florida; he does this all over the State; most of the information tonight was from Mr. Brinton's website; most of information heard tonight was incorrect; and Mr. Brinton's job is not to have a more scenic Florida, but to remove billboards from Florida.

Chairman Scarborough advised of the Commissioners' option at any time to ask questions of staff or have a conversation with someone in the audience; and during that time, it is up to the Commissioner to govern the amount of time used.

PUBLIC HEARING, RE: EXTENDING MORATORIUM FOR BILLBOARDS

This item was withdrawn from the Agenda upon adoption of Ordinance prohibiting off-premises commercial signs.

SPEED HUMP REQUEST, RE: LAKEMOOR BOULEVARD

Commissioner Carlson stated since the Board passed the new rule of looking at four of the five criteria for speed humps, she is not sure how many speed humps would not pass; she described Lakemoor Boulevard; and stated she can see the interest of the homeowners to install a speed hump. She stated the street is short; with Traffic Engineering Director Dick Thompson advising it is 1,265 feet long. Commissioner Carlson inquired how many speed humps would be installed; with Mr. Thompson responding it calls for two speed humps. Commissioner Carlson stated she did not support the issue of four out of five criteria mainly because of the EMS issue; but she will allow this to go through.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to approve request for installation of speed humps on Lakemoor Boulevard, located in Rockledge. Motion carried and ordered. Commissioners Scarborough, O'Brien, Higgs, and Carlson voted aye; and Commissioner Voltz voted nay.

DISCUSSION, RE: ADDITIONAL HOMESTEAD EXEMPTION FOR LOW-INCOME HOMEOWNERS 65 YEARS OLD AND ABOVE

Budget Director Kathy Wall stated last year the State Constitution was revised to allow counties and municipalities to adopt an ordinance to grant additional homestead exemptions of up to $25,000 for residents whose household income does not exceed $20,000; she had questions concerning the household income; and the external auditors developed a chart for the Board showing what is included in adjusted gross income. She distributed the charts.

Commissioner Voltz stated she has gotten multiple telephone calls and letters on this issue. Chairman Scarborough stated he understands only Dade County has done anything, and other counties are still in the discovery process. Ms. Wall stated Miami-Dade is the only county that has adopted an ordinance; she also contacted the Florida Association of Counties which indicated Lake, Leon, and Pinellas Counties are looking at this at staff level; and she called Indian River, Orange, Polk, Seminole and Volusia Counties, and it is still at staff level in those counties.

County Manager Tom Jenkins stated the fiscal impact would be approximately $2.8 million if the full exemption is given. Chairman Scarborough stated $2.8 million is beyond the Cap-it which means the County would have to increase taxes as much as allowed by law and still have to reduce services; but there are possibilities of looking at what other counties do, and gradually bringing it in. He stated if it was brought in at one time, everyone in the County would have a higher tax while getting less service. Commissioner Voltz stated she does not know if the County is allowed to do it incrementally; with Mr. Jenkins responding it can do that. Mr. Jenkins stated the other issue is whether the municipalities do it; and theoretically there could be a situation where the County did it and the municipalities did not, resulting in two separate standards.

Commissioner O'Brien suggested taking no action. Commissioner Voltz stated the senior citizens are asking for this; it has been passed by the people of Florida; and it is something the Board needs to act on. She stated this may not be what the Board likes, but it was voted on and approved; and if the County can do it in increments of $5,000 for five years, that is where the Board needs to go. She stated it would be less impact that way, and growth in the meantime would balance it out. Chairman Scarborough stated it would be nice to think that.

Commissioner Higgs stated when she brought up the issue of control of gun shows and the waiting period, even though that was passed, everyone did not jump on that issue; and she does not think the Board should jump on something just because it was passed to give counties the option. She stated the Board needs to look at this carefully; and expressed concern about how the County would go about determining who is qualified. She stated it is expensive for the IRS to validate income; there are 13 items which are not included or are deducted from adjusted gross income; and someone could be receiving a significant disability payment or appreciation of value of investment securities, and those things would not be included in adjusted gross income. She stated she needs more information on how that will work; and she does not understand who is going to enforce a fraudulent filing and whether those would be criminal or civil offenses. Commissioner Carlson inquired who does that with homestead exemption now; with Mr. Jenkins responding the Property Appraiser. Commissioner Higgs inquired if the Value Adjustment Board will be the ones to make the determination. Commissioner Voltz stated there are a lot of things the Board needs to look at.

Chairman Scarborough commented on certain tax exempt income and ability to manipulate money to appear there is only $20,000 in income. He stated the Board has the obligation to examine the issue because the people of Florida voted on this, but it has just scratched the surface. Commissioner Voltz stated the Board does not have to do anything right now, but suggested the Board look at it. She stated on the gun issue, she never had anyone call her office to tell her the County needed to enforce it; but she is getting calls on this issue; and the issues cannot be compared even though they were both issues on the ballot. She stated the Board needs to look at this issue, and do something even if it needs to be over 10 or 12 years. Chairman Scarborough stated the Board may want to only do a portion. Commissioner Voltz inquired if the Board can do a portion; with County Attorney Scott Knox advising it says, "up to $25,000." Chairman Scarborough stated Ms. Wall will come back with further information.

Commissioner O'Brien stated there should not be homestead exemption at all; and if the exemptions were eliminated, it would make a level playing field for everybody. He stated a person who rents pays higher rent than a person who owns a home next door because there is no exemption for renters; homestead exemption is an antiquated methodology; and suggested going to Tallahassee to request the exemption be eliminated totally which would allow the County to back down taxes accordingly.

Commissioner Higgs requested Ms. Wall look at what other states may be doing to address the issue of low-income senior citizens who may be in threatening condition of losing their houses. She stated no one is interested in seeing that occur; but no one is interested in having someone who takes the deductions qualifying for some exemption. She stated the Board needs to see if there is some other way that would be more fair and just to achieve the same purpose. Commissioner O'Brien advised of items included in the adjusted gross income. Mr. Jenkins stated someone could have an adult child at home making $50,000 a year and that would not show up.

DISCUSSION, RE: STAFF SUPPORT FOR LEGISLATIVE DELEGATION

Chairman Scarborough stated the Board discussed the issue of staff support for the Legislative Delegation this afternoon; Mr. Jenkins is going to come back after speaking with the Delegation; and suggested this be rescheduled when Mr. Jenkins has more information.

Commissioner O'Brien stated he did some research this afternoon; distributed some written information; and advised a number of counties have larger delegations than Brevard County, and do not provide anywhere near what the Board is talking about in terms of support.

CONSIDERATION, RE: DEDICATION OF PUBLIC ACCESS EASEMENT FOR BEACH ACCESS

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to accept a 20-foot public beach access Easement from Topaz Oceanfront Development, Inc. Motion carried and ordered unanimously.

PUBLIC COMMENTS, RE: MISUSE OF COUNTY FUNDS

Coral Lee Craig advised of the relocation of an abortion clinic; and stated the Sheriff's Department took pictures of picketers, took them to all the shop owners, and asked that they not be served. She stated once a picketer leaves the area, he or she is an individual citizen. She stated recently a Sheriff's deputy refused to go from one assignment to another and consequently a man died in a parking lot; and Sheriff Phil Williams is misusing his powers. She stated within three blocks of her house, there are prostitutes on Palm Bay and River Roads; drugs are rampant; and she wonders how many crimes were committed while the Sheriff's deputies were taking pictures and showing them to shop owners. She stated it is also taking advantage of the shop owners because it forces them into taking a stand with the Sheriff's Department; and Sheriff Williams should be fired. She commented on the Sheriff's protection of doctors who perform abortions and impact to the economy. Commissioner O'Brien advised the Board of County Commissioners cannot fire the Sheriff, but the voters at the polls can fire the Sheriff once every four years.

Ms. Craig inquired if nothing can be done between elections; with Commissioner Voltz responding there can be a petition to recall. Ms. Craig stated the Sheriff violated the picketers' rights; and inquired if he cannot be fired if he commits murder. Chairman Scarborough stated if the Sheriff committed a crime, the Governor would have jurisdiction to replace him; but he is not aware of how the petition process works. Commissioner O'Brien inquired if Ms. Craig has spoken to the Sheriff about this; with Ms. Craig responding no. Ms. Craig commented on various violations in the City of Melbourne that resulted in lawsuits.

Commissioner Voltz stated she met with the Sheriff on this issue regarding trespassing; she has been told there is a problem with some of the people who are picketing; and she has agreed to have a meeting in her office to try to settle this. She requested Mr. Knox address the issue of trespass. County Attorney Scott Knox advised trespass has to be on private property; and there has to be a warning before arrest. Commissioner Voltz stated it is the same as if someone went to Burdines and stole something, got caught, and was told he or she could never come back to the store again; and they cannot go back next week and say they are not going to steal. Mr. Knox stated if it is a trespass notice, that is right. Commissioner Voltz stated a couple of the businesses say it is okay for the picketers to come in; but the owner of the property says they do not want them on the property; so they cannot come across the parking lot to get to the businesses. Mr. Knox stated that is a complicated issue because it has to do with the leases between the owner and the business. Commissioner Voltz advised of the situation with most of the business owners not wanting the picketers in their businesses; and stated hopefully they will be able to work something out. She stated she does not want to see people arrested, or have the County go through the same thing the City of Melbourne did.

Ms. Craig stated she questions a parking lot being classified as private property. Commissioner Voltz requested Mr. Knox look into the issue, and be at the meeting at her office. Mr. Knox commented on possible violation of constitutional rights, case law, and liability. Commissioner Voltz stated the meeting has not been set yet, but she would like Mr. Knox to attend; and it is something that needs to be addressed or the County will be looking at a lot of lawsuits.

Commissioner Carlson stated she had a question about the legality of what happened at the restaurant; she spoke with a couple of deputies; and inquired what was the legal perspective for a deputy to come in and ask the picketer to leave the restaurant. Mr. Knox indicated he is not familiar with the case, but from what Commissioner Voltz has said, he suspects it is a trespass situation. Commissioner Voltz advised Sheriff Williams said he had trespassed, and is not allowed on the property. Commissioner Carlson stated that is based on what the property owner requested.

Commissioner Voltz commented on selective enforcement of the law; and stated she is only hearing one side of the story. Commissioner Carlson stated it should be consistent; the one picketer was targeted because he is associated with Operation Rescue, which has been involved with various activities with abortion clinics throughout the country; and so those individuals are watched closely. Ms. Craig advised of things that happened to her as a pro-life picketer. Commissioner Carlson stated the Sheriff is concerned with the people who are picketing as well as the business owners because of people who drive by and throw things at individuals who are picketing.

Ms. Craig commented on the negative effect of the abortion clinic on the businesses. Commissioner Carlson advised no one has any control over that. Commissioner Voltz stated no one notified the Sheriff that this business was coming in. She requested Mr. Jenkins verify that someone came to the County; with Mr. Jenkins responding they already had an occupational license because they were in business before, so they probably did not have to get one. Ms. Craig stated she checked with Tallahassee, and they applied on Monday; with Commissioner Voltz advising that was not an occupational license which the County issues. Commissioner Voltz stated she would have thought, knowing the business they are in, that they would have warned the Sheriff's Department. Mr. Jenkins advised they had a countywide occupational license. Commissioner Voltz stated the Melbourne Police was taking care of this; now it is the Sheriff's Department; and someone should have said something to the Sheriff's Department. Mr. Jenkins stated he does not think the County would have known unless they pulled a building permit.

Discussion ensued on occupational licenses, zoning problems, communication between the Tax Collector and Zoning Office, no comprehension that this was an abortion clinic, not usual to notify the Sheriff, making the Sheriff aware of the situation, use of deputies, and fairness to businesses.

Chairman Scarborough stated the Board is going to wait until Mr. Jenkins comes back with what the Delegation wants. Commissioner Voltz inquired about a report. County Manager Tom Jenkins stated he provided a memorandum on it. Commissioner Voltz stated there was not very much information; with Mr. Jenkins advising he will provide more.

Upon motion and vote, the meeting adjourned at 10:16 p.m.

ATTEST:

TRUMAN SCARBOROUGH, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

SANDY CRAWFORD, CLERK
( S E A L )