The Board of County Commissioners of Brevard County, Florida, met in regular session on February 10, 1998, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Helen Voltz, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs, and Mark Cook, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Reverend Mike Buford, King Street Baptist Church, Cocoa, Florida.

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

REPORT, RE: 1998 WATCHABLE WILDLIFE CONFERENCE

Laurilee Thompson stated the 1998 Watchable Wildlife Conference will be held on May 19 through 21, 1998 at the Holiday Inn in Cocoa Beach; advised who will attend the Conference and topics to be discussed; and outlined the benefits to the County.

REPORT, RE: ARTICLE CONCERNING LOCAL FOOTBALL PLAYERS

Commissioner O'Brien advised of a Florida TODAY article outlining how many football players are leaving the County to play college football; and named the local players and where they will be going.

DISCUSSION, RE: EXPEDITING PAYMENT PROCESS

Commissioner O'Brien stated he received a letter from BWK Electric, which is a small electrical company that subcontracted on two Brevard County projects, inquiring why it takes 45 days to process payment requests.

Commissioner Cook noted the County Finance Department is under the Clerk of Courts; the Board has brought this issue up numerous times, and increased the Clerk's budget last year; and requested the Clerk allocate the necessary resources to expedite the payment process.

County Manager Tom Jenkins stated he prepared a written response to Mr. Robertson; typically the payment process takes from 17 to 30 days; but there were occasions over the holidays when there were delays.

Commissioner Cook inquired if this is not a normal circumstance; with Mr. Jenkins responding he does not think so.

Commissioner Scarborough stated over the years he has heard from a number of subcontractors; it is the Clerk's problem; and he has heard everything from personnel to software problems. He stated if local subcontractors do not bid, the County will have to pay higher prices; and that is a cost to the people of the County. He stated it may be better to fund the Clerk if he needs more money so the County will be more business friendly.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to request the Clerk of the Circuit and County Courts respond to the Board concerning problems with the time to process payments.

Chairman Voltz stated if the subcontractor says it takes 45 days to get payment, and the County writes back saying it does not take 45 days, that is not what he wants to hear; and the Board needs to let the subcontractor know it is going to investigate the problem.

Commissioner Cook stated the Board will get the same response it normally gets from the Clerk; and the problem is not money because the Board increased the Clerk's budget. He stated the Clerk needs to allocate the resources necessary to address the problem; and he has also received calls concerning this problem.

Commissioner O'Brien stated this is not a new complaint; government has a "fast pay" system; and Brevard County should be able to pay within 20 to 21 days rather than 45. He outlined the problems small businesses have in waiting for payment; and stated the County may be irresponsible to the contractors and subcontractors. He advised he owns a small business, and is reluctant to bid on government projects because of the problems in getting paid. He stated he hopes the Clerk can help solve the problem.

Chairman Voltz stated this is 1998, and there is no reason for this problem. She outlined problems she had in moving into her office and in getting prompt reimbursement of expenses.

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

DISCUSSION, RE: SENATE BILL 712

Commissioner O'Brien stated Senate Bill 712, filed by Senator Bronson, authorizes municipal governing bodies to expend public funds to attract and retain business enterprises, specifies that such use of public funds constitutes a public purpose, and defines economic development activities that qualify as public purpose.

Motion by Commissioner O'Brien, to direct the County's lobbyist to promote SB 712 as written.

Commissioner Cook requested the item be put on the February 17, 1998 Agenda so the public can comment. Commissioner O'Brien requested the item be placed on the February 17, 1998 Agenda.

DISCUSSION, RE: PRESENTATIONS BY BUSINESSES

Commissioner Higgs stated the Board has scheduled an appearance by a business to discuss some of their products; and expressed concern about setting a precedent for businesses to advertise using the Board meeting forum. She stated the Board wants input from relevant businesses when dealing with issues; however, the Board is not talking about golf carts or noise regulations for personal watercraft today, although she would endorse an ordinance to cut noise emissions by one-half.

Commissioner O'Brien stated this is not like QVC shopping, but more like PBS or BCC in that it will educate the public and the Board on noise abatement and golf cart driving. He advised the Board will have a proposed ordinance coming before it concerning golf carts on regular streets; and the presentation at this meeting is for a public purpose. He stated the Board does not have the noise abatement issue before it today; but unless it sees alternatives, it may not ever bring it up again; and explained the benefits of the presentations. He noted the Board did not object two years ago to the presentation of manatee protection propeller guards, or to lengthy presentations on towers and antennas; and those presentations set precedent. He stated two public purposes can be heard today; the first is noise abatement for personal watercraft; and the Board may wish to revise the Noise Ordinance accordingly. Commissioner O'Brien stated in Districts 2 and 3 there are serious complaints about personal watercraft noise; and the presentation will show things the Board may want to consider in the future. He stated the Board is currently reviewing use of golf carts on public roads in areas such as Barefoot Bay and Suntree; and it is important for the Board to be knowledgeable about products which may or may not change the way it thinks.

Commissioner Higgs advised the State regulates noise on water; and a presentation about watercraft which would cut noise by 50% is not relevant to any discussion before the Board today or in the near future. She stated when businesses have come forward in the past, it has been directly related to an issue before the Board at that time; and there is nothing before the Board today except presentations by a business to provide information about its products. She suggested the Board set a policy to not allow personal appearances for businesses to promote their products; and stated the Board should discuss issues not products. She stated the Board meeting time is paid for by the public, and it is not for businesses to showcase their products, however good they may be.

Commissioner Scarborough stated he got a call from Terry Crocker at C&D Golf Carts who is upset about the presentation; and while the meetings are open forums, he does not want the Board to be criticized. He stated the Board should allow as much open dialogue as possible, but not have an open invitation for businesses to market products; and if other merchants are concerned, the Board may need to be concerned.

Commissioner O'Brien stated ordinances must hold up to reasonable standards in court; if the Board has knowledge about new technology, it should revise ordinances accordingly; and the Board may find information this morning that is relevant, and can be forwarded to the Legislative Delegation. He stated he does not believe the Board is touting any products; that is not the purpose of the presentations; and it is for the Board to look at new technology.

Commissioner Cook inquired when the golf cart ordinance will come back to the Board; with County Manager Tom Jenkins responding it will come to the Board in the near future after compiling additional information on the number of communities that might be impacted. Mr. Jenkins noted Assistant County Attorney Shannon Wilson has also looked at the neighborhood vehicle which may have to be addressed.

Commissioner Cook stated he does not know how the County can compel someone to buy a certain kind of golf cart; and he does not mind looking at other communities, but the Board intends to designate streets in two communities. He stated if personal appearances become a problem, he understands the concern, and the Board may need a policy; but today he would rather rely on each Commissioner to use his or her judgment. He stated people have come out today expecting to speak; and he does not want to stifle anyone.

Commissioner Scarborough stated he would be more comfortable if the issues were defined separately and noticed sufficiently to allow people with interest to come in with their particular products. He advised if the Board proceeds today, it will look like a Bombardier commercial, and he would prefer to open it up to anyone else who wishes to come in with their particular products.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to table personal appearances of Glyn Johnston and Rob Schutze concerning products that eliminate 50% of the noise from jet skis and a qualified street use golf cart type vehicle.

Commissioner Cook stated the Board has been liberal in allowing people to address the Board; there is no policy so putting them on the Agenda was not outside the prerogative of Commissioner O'Brien; people have come out to address the issue; and while he is sensitive to the concerns, the Board should go forward today and then allow anyone else wishing to speak on the same topic to speak at a later date.

Chairman Voltz stated she is not going to support the motion because Commissioner O'Brien has every right to bring this to the forefront.

Commissioner O'Brien stated the only reason it is Bombardier making the presentation instead of Kawasaki is because Bombardier is a local company manufacturing personal watercraft in the County. He stated the item has been on the Agenda which provides good public notice; there are 12 to 14 dealerships in the County which sell watercraft; the Board meeting is not broadcast nationwide so he is not worried about advertising; and the presentation is relevant to issues the Board has addressed in the past and will readdress in the future. He stated it would be an insult to not allow the speakers to make their presentations after inviting them to help educate the Board and the public.

Commissioner Higgs stated she took steps to inform Bombardier of her concerns; and advised Bombardier designs and tests in the County, but does not manufacture the product here. She stated the Board has been telecasting its meetings for almost two years; the previous rules may not be appropriate now; and it would be unfortunate to have all the Commissioners wearing items for commercial endorsements. She stated the Board needs to rethink the way it operates.

Commissioner O'Brien stated there is no Board policy; the speakers were brought to the Board for education rather than commercial purposes; and the Board should have a policy to prevent commercial uses. Commissioner Cook stated he is not sure the Board needs a policy at this point; and the presentations should go forward. He stated if there is a problem in the future, he would support a policy.

Chairman Voltz called for a vote on the motion. Motion did not carry. Commissioners Scarborough and Higgs voted aye; Commissioners O'Brien, Cook, and Voltz voted nay.

ANNOUNCEMENT

Commissioner O'Brien stated students from Gardendale Elementary are present to observe the Board.

DISCUSSION, RE: STROBE LIGHT ON TOWER OFF VIERA BOULEVARD

Commissioner Cook stated the white light on the tower off Viera Boulevard is still there; the Board was assured it would be a red light; the FCC permit indicates it will be a red light; and requested the County Attorney take necessary steps to insure that happens.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to direct the County Attorney to take necessary steps to insure that the white strobe light on the tower off Viera Boulevard is changed to a red light. Motion carried and ordered unanimously.

REPORT, RE: FLORIDA ASSOCIATION OF COUNTIES MEETING ON ARTICLE V FUNDING

Chairman Voltz stated on Friday she went to an emergency Board of Directors meeting for the Florida Association of Counties regarding Article V funding, and distributed information. She stated the FAC is asking counties for funding for a referendum in November, 1998 if the Constitutional Revision Committee does not put the issue of Article V funding on the ballot; Brevard County is being asked to contribute $121,544; and if the referendum passes, the County will gain $16 million and will not have to pay the State. She stated FAC will make a presentation to the Board.

Commissioner Scarborough inquired if the $121,544 is for dues; with Chairman Voltz responding it will be for a campaign to promote the referendum. Commissioner Scarborough explained why he cannot support use of taxpayers' money to promote a referendum.

Chairman Voltz requested each of the Commissioners review the information she provided as well as the information that will be coming from Florida Association of Counties.

Commissioner Higgs inquired where was the meeting that Chairman Voltz attended; with Chairman Voltz responding it was in Orlando, and she attended as Chairman of the Board. Commissioner Higgs inquired if Chairman Voltz intends to put the issue on the agenda for Board discussion; with Chairman Voltz responding affirmatively.

Commissioner Cook stated he will look at the information, but his philosophy is the same as Commissioner Scarborough's.

Chairman Voltz noted several counties have already contributed.

PRESENTATION, RE: CERTIFICATE OF APPRECIATION

Chairman Voltz presented each of the Commissioners with a Certificate of Appreciation from the Vietnam Veterans of Florida State Coalition in recognition of service to the organization and its members.

REPORT, RE: MEETING WITH FLORIDA DEPARTMENT OF TRANSPORTATION

Chairman Voltz stated she spoke to Nancy Houston of Florida Department of Transportation on several items; the County is free to do whatever it wants with the medians on County roads; and inquired if the County adopted FDOT standards as an ordinance; with staff responding yes. Chairman Voltz stated that must be changed if the Board wants to do what it wishes.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to instruct staff to bring to the Board a revised ordinance rescinding adoption of State standards on County roads to allow the County to do better landscaping. Motion carried and ordered unanimously.

Chairman Voltz stated if the County makes a plan and coordinates with FDOT, a lot of times it will be able to do what it wants. She stated another issues that was discussed was lighting on the Melbourne Causeway; a request from the MPO for funding is necessary; and FDOT has no record of a request. Commissioner Higgs stated the MPO put the Melbourne Causeway lighting as the number one safety priority. Chairman Voltz stated that will be sent again. She stated the final project discussed was the pedway project on SR A1A; FDOT does not expect the County to maintain the drainage, but would like the drainage calculation with the project included; and she will work with the Public Works Director on that.

ACKNOWLEDGE AWARDS, RE: EMPLOYEE INNOVATIONS PROGRAM

County Manager Tom Jenkins advised the County recognizes those employees who submit innovative ideas or suggestions which provide cost savings to the County. He stated the recipients are Kim Teehan, Kenneth Vail, Metro Duke, Donald Austin, Willie Holcomb, Conrad Knight, Ernest Knowles, Scott Singleton, Ken Wentz, R. W. Alley, and double recipient Ken Kraft; and advised of the innovations suggested and implemented, amounts awarded, and savings to the County. Chairman Voltz presented certificates to each of the employees.

CONTRACT WITH THE VIERA COMPANY, RE: INFRASTRUCTURE IMPROVEMENTS IN VIERA NORTH PUD, TRACK L, PHASE I, UNIT II

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Contract with The Viera Company guaranteeing improvements in Viera North PUD, Tract L, Phase I, Unit II. Motion carried and ordered unanimously.

CONTRACT WITH THE VIERA COMPANY, RE: INFRASTRUCTURE IMPROVEMENTS FOR FAITH VIERA LUTHERAN CHURCH

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Contract with The Viera Company guaranteeing improvements for Faith Viera Lutheran Church. Motion carried and ordered unanimously.

TASK ORDER #92-004-11 WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC., RE: DRAINAGE ANALYSIS FOR NORTH TROPICAL TRAIL

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Task Order #92-004-11 with Post, Buckley, Schuh & Jernigan, Inc. for engineering services associated with performing a drainage analysis for North Tropical Trail in North Merritt Island. Motion carried and ordered unanimously.

RESOLUTION AND COUNTY DEED, RE: TRANSFERRING NORTH DRIVE TO CITY OF MELBOURNE

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution and execute County Deed transferring North Drive, from Sarno Road southerly to Dow Road, to the City of Melbourne. Motion carried and ordered unanimously.

AGREEMENT WITH DEPARTMENT OF COMMUNITY AFFAIRS AND BUDGET CHANGE REQUEST, RE: LOW INCOME HOME ENERGY ASSISTANCE PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with Department of Community Affairs for 1998 Low Income Home Energy Assistance Program (LIHEAP) funds in the amount of $248,956; authorize Budget Change Request amending the current budget by $138,824 to cover expenses from April, 1998 to September, 1998; and authorize the Chairman to execute necessary follow-up amendments or additions contingent upon approval of the County Attorney and Risk Management. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE OFF GSA CONTRACT, RE: SHELVING FOR LIBRARIES UNDER CONSTRUCTION

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant permission to purchase shelving off the GSA Contract for Cocoa Beach, Eau Gallie, and South Mainland at Micco Public Libraries at $89,429.75. Motion carried and ordered unanimously.

APPOINTMENT, RE: PUBLIC GOLF ADVISORY BOARD

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to appoint Sandra Y. Smith to the Public Golf Advisory Board, replacing Ceil Wilson, from February 10, 1998 to December 31, 2000. Motion carried and ordered unanimously.

AMENDMENT NO. 1 TO TASK ORDER NO. 97-07 WITH GLACE & RADCLIFFE, RE: ADDITIONAL ENGINEERING SERVICES FOR CENTRAL DISPOSAL FACILITY OFFSITE MITIGATION PROJECT CONSTRUCTION MANAGEMENT SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Amendment No. 1 to Task Order No. 97-07 with Glace & Radcliffe for additional construction management services on the Central Disposal Facility Offsite Mitigation Project. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: CENTRAL DISPOSAL FACILITY FUEL STORAGE AND PUMPING ISLAND

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant permission to bid, award to lowest responsible bidder, and execute Contract for the Central Disposal Facility Fuel Storage and Pumping Island at an estimated cost of $240,000. Motion carried and ordered unanimously.

APPROVAL, RE: APPOINTMENT OF COUNTY MANAGER OR DESIGNEE AS HEARING OFFICER FOR APPEAL OF FALSE ALARM FINE AND ASSOCIATED ADMNISTRATIVE FEES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve appointment of the County Manager or his designee as hearing officer for appeal of false alarm fines and administrative fees issued to Friendship Primitive Baptist Church. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: INTERNAL AUDIT OF ENVIRONMENTAL HEALTH SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to acknowledge receipt of Internal Audit Report of Environmental Health Services. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Bills and Budget Change Request, as submitted. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE ADOPTING 1997 EDITIONS OF THE STANDARD BUILDING CODE, GAS CODE, AND MECHANICAL CODE

Chairman Voltz called for the public hearing to consider an ordinance adopting 1997 Editions of the Standard Building Code, Gas Code, and Mechanical Code.

Commissioner O'Brien stated this is important to staff as well as the citizens, as it brings the Codes up to date.

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt an ordinance amending Chapter 22, Article II, Technical Codes, Code of Ordinances of Brevard County, Florida, to provide for the adoption of the 1997 Editions of the Standard Building Code, Standard Gas Code, and the Standard Mechanical Code; providing definitions and exceptions to the said Codes; specifically amending Section 22-71 Adoption; amending Section 22-72 Amendments; amending Section 22-126 Adoption; amending Section 22-176 Adoption; providing severability; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING SECTION ON TEMPORARY LIVING QUARTERS DURING CONSTRUCTION OF RESIDENCE

Chairman Voltz called for the public hearing to consider an ordinance amending Section on temporary living quarters during construction of a residence.

Cary Pond stated he applied for a conditional use permit so he could live in his trailer while building a home; if the Board changes the rules, he will be unable to do that; and anything that has already been submitted should be adequately accommodated. He advised his trailer has been on the property since 1964; and outlined his building plans.

Chairman Voltz inquired what stage is the home in; with Mr. Pond responding right now he is getting the permits, and this is the only thing holding everything up. Chairman Voltz inquired if Mr. Pond already has the funding; with Mr. Pond responding affirmatively.

Commissioner O'Brien stated there is a trailer on Mr. Pond's property; he is trying to pull the permits to build a house; but staff has said it cannot issue a permit because the Board is changing the Ordinance. He recommended the Board amend the Ordinance to become effective April 1, 1998.

Commissioner Higgs stated Mr. Pond's ability to get a permit has nothing to do with the conditional use permit to have a temporary living space; and requested additional information. Planner Tom Myers stated the temporary living quarters applies when someone wants to move a trailer onto vacant property on which a house will be built; but it also applies when an existing residence is used on a lot that only qualifies for one dwelling. He stated it is a single-family lot, and a conditional use permit is necessary to get a building permit for the second residence. Commissioner Higgs inquired how big is the lot; with Mr. Myers responding approximately one-third acre. Commissioner Higgs stated Mr. Pond would have to get a conditional use permit through the Board, and the Board has been reluctant to consider conditional use permits in light of the research staff is currently doing, which will come back in March.

Commissioner Cook stated he does not have a problem trying to accommodate Mr. Pond.

Commissioner Scarborough advised in lawmaking, it is not unusual to have a subsequent effective date; and inquired if the door is being left open so other people can come in between now and April 1. Mr. Myers responded if the rules were changed to make it effective April 1, staff would not accept any more applications; Mr. Pond would be in the process and able to be heard; and staff would have clear direction. He noted staff has not accepted any other applications other than Mr. Pond's. Commissioner Scarborough stated the Board needs to give clear instructions because there may be others who would want to make application before the Ordinance changes; and he would prefer to leave the door open until April 1, 1998. He inquired if Commissioner O'Brien's intent is for the door to be open until April 1, 1998 for anyone to come in, with the new rules taking effect on April 1, 1998. Commissioner O'Brien indicated that is his intent, as there may be others with the same problem who can come forward until April 1, 1998.

Discussion ensued on an effective date, and time for processing of applications.

Commissioner Scarborough stated applications received by April 1, 1998 will go under the old rules. Commissioner Cook stated the new law will take effect April 1, 1998. Chairman Voltz requested staff inform the Board when items come before it whether it was received prior to the deadline. Mr. Myers stated the effective date of the ordinance will be April 1, 1998 and staff will continue to accept applications under the old rules until that time.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to amend the ordinance to provide an effective date of April 1, 1998. Motion carried and ordered unanimously.

There being no further comments or objections, motion was made by Commissioner O'Brien, seconded by Commissioner Cook, to adopt an ordinance amending Chapter 62, "Land Development Regulations", Code of Ordinances of Brevard County, Florida; amending Article VI, Division 4, Subdivision II, Sec. 62-1331. General Use, GU., Sec. 62-1332. Productive Agricultural, PA., Sec. 62-1333, Agricultural, AGR., Sec. 62-1334. Agricultural Residential, AU., Sec. 62-1334.5. Agricultural Rural Residential, ARR., Sec. 62-1335. Rural Estate Use, REU., Sec. 62-1336. Rural Residential, RR-1., Sec. 62-1337. Suburban Estate Residential Use, SEU., Sec. 62-1338. Suburban Residential, SR., Sec. 62-1339. Estate Use Residential, EU, EU-1 and EU-2., Sec. 62-1340. Single-Family Residential, RU-1-13 and RU-1-11., Sec. 62-1341. Single-Family Residential, RU-1-9., Sec. 62-1342. Single-Family Residential, RU-1-7., Sec. 62-1343. Single-Family Attached Residential, RA-2-4. RA-2-6, RA-2-8 and RA-2-10., Sec. 62-1344. Residential-Professional, RP., Sec. 62-1371. Low-Density Multiple-Family Residential, RU-2-4, RU-2-6 and RU-2-8., Sec. 62-1372. Medium-Density Multiple-Family Residential, RU-2-10. RU-2-12 and RU-2-15., Sec. 62-1373. High-Density Multiple-Family Residential, RU-2-30., Sec. 62-1401. Rural Residential Mobile Home, RRMH-1, RRMH-2.5 and RRMH-5., Sec. 62-1402. Single Family Mobile Home, TR-1 and TR-1-A., Sec. 62-1403. Single-Family Mobile Home TR-2, Sec. 1404. Mobile Home Park, TR-3. and Sec. 62-1405. Single-Family Mobile Home Cooperative, TRC-1; specifically amending the list of conditional uses to eliminate temporary living quarters as a conditional use during the construction of a residence from the list of conditional uses, and adding temporary living quarters during construction of a residence to the list of permitted uses with conditions, deleting Sec. 62-1950. Temporary Living Quarters as conditional use during construction of residence. Creating Sec. 62-1842.5. Temporary Living Quarters during construction of residence, providing for conflicting provisions; providing for severability; providing for inclusions in the Brevard County Code and providing an effective date, as amended. Motion carried and ordered unanimously.

AGREEMENTS WITH CHAMBERS OF COMMERCE, RE: TDC CATEGORY A PROMOTION AND ADVERTISING GRANTS

David Poston, Executive Director of the Convention and Visitors Bureau of the Cocoa Beach Area Chamber of Commerce, advised of activities of the Bureau, the success in increasing tourism, and cooperation between Chambers. He stated the Cocoa Beach Area Chamber of Commerce supports the current division of funds and does not believe it is in the best interest to instigate competition between the Chambers.

Commissioner O'Brien inquired about the website; and stated it is listed with other areas. Mr. Poston explained another location has purchased "Cocoa Beach"; there is nothing that can be done about it; and if someone puts in the words "Cocoa Beach" they get somewhere around Sarasota. Commissioner O'Brien inquired who purchased it; with Mr. Poston responding a private company in the Sarasota area. Mr. Poston explained how to access the Cocoa Beach website.

Neal Johnson, Chairman of the Convention and Visitors Bureau for the Melbourne/Palm Bay Area Chamber of Commerce, submitted a packet of information; and advised of the cooperation between Chambers, marketing activities of the Convention and Visitors Bureau, and success in bringing tourism business to South Brevard. He advised the packet includes letters of support; and read aloud a letter from the Courtyard by Marriott.

Hank Simon, President of the Palm Bay Area Chamber of Commerce, stated the Chamber has changed the focus from sports to eco-tourism; and the grant is predominately for literature to promote eco-tourism. He advised of activities of the Chamber and plans to open a welcome center.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreements with Titusville Area, Cocoa Beach Area, Melbourne/Palm Bay Area, and Palm Bay Chambers of Commerce for TDC Category A Promotion and Advertising Grants of $30,000 each.

Commissioner Higgs stated she objects to the lack of competition for the grants.

Commissioner Scarborough stated the Chambers play a unique role in promoting the communities, and are doing a wonderful job.

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

DISCUSSION, RE: RELOCATION OF POND B, MALABAR ROAD, PHASE II

Sue Hann, Public Works Director of the City of Palm Bay, stated the City Council recently approved expenditure of approximately $27,000 for the redesign and relocation of Malabar Road Pond B from the northeast corner of Aviation Avenue to the City Hall site; and outlined the history of the pond. She stated the pond relocation will not negatively impact the City Hall site; and the Council requests permission to reconsider the pond relocation to preserve what may become a valuable piece of commercial property in the future. She stated the pond relocation will not only allow the preservation of the commercial property but will also allow the County to possibly recover some of the costs associated with the land acquisition for the pond; and requested the Board move forward with what is in the best interest of the public. She stated the City Council did not address several of the issues raised in the Agenda Report; and the key issues are the relocation of the pond to the City Hall site and the willingness of the City to pay for the redesign. She stated the disposition of the property can be done at the time when it is most advantageous to recover the maximum amount; if the pond is not relocated, none of the costs will be recovered; and the City is also concerned that the negotiation of an interlocal agreement will take additional time and delay the project further. She emphasized the importance of moving forward with the project as soon as possible; stated the City will work with the County on the administrative items; however, any items of additional cost will require Council approval. She stated the City hopes the Board will accept its offer to take the pond on City property and pay for the engineering costs as the total fiscal contribution from the City; and if the Board expects additional compensation, it will need to be considered by the City Council. She reiterated the City has agreed to fund the engineering costs associated with the redesign to allow the item to move forward as expediently as possible.

Commissioner Higgs inquired if the City is willing to fund any difference between the change in construction cost of the road; with Ms. Hann responding that has not been specifically discussed by the Council; staff hopes the construction costs will balance out or be less; but those numbers are not available at this time. Commissioner Higgs inquired if there is commitment to fund any costs there; with Ms. Hann responding no. Commissioner Higgs inquired if the City would be looking for certain provisions in the interlocal agreement; with Ms. Hann responding the Council did not contemplate significant conditions; and the minor issues are detailed in the Agenda Report. Commissioner Higgs inquired if the City Manager is authorized to execute the interlocal agreement; with Ms. Hann responding affirmatively.

Commissioner Cook inquired if the property was purchased at appraised value; with Public Works Director Henry Minneboo responding affirmatively. Commissioner Cook stated he does not have a problem with the City's request; and advised of the benefits of relocating the retention pond.

Commissioner Higgs stated she is reluctant to do anything to delay Malabar Road; and advised of the impact of a previous delay. Commissioner Higgs inquired if the Council will accept responsibility for the delay; with Ms. Hann responding affirmatively, although the Council would like to see the project move forward as rapidly as possible. Commissioner Higgs inquired at what point would there be a commitment to build the road and move ahead; and stated this is the second time there has been a situation where the County is ready to go, and the City has come forward with changes. Ms. Hann stated there is a small window of opportunity while the County completes its right-of-way acquisition; but it is getting close to the point where construction needs to move forward and not be delayed.

Commissioner O'Brien stated he supports the concept; just because a plan is on paper does not mean it is perfect; this is an opportunity to save money on the project; and inquired if the City will put up a sign accepting fault for the delay. Ms. Hann advised the Council acknowledged it would be responsible for the delay in the project resulting from the redesign.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to approve relocation of Pond B as requested by the City of Palm Bay, with the City paying the engineering costs for redesign of the stormwater retention pond using the City Hall site, acknowledging it is responsible for the delay in the Malabar Road project, and with the caveat the County will look at selling the property it obtains; and direct staff, including the County Attorney, to negotiate an interlocal agreement with the City.

Chairman Voltz stated she has spoken to the City Manager and Assistant City Manager of Palm Bay; the issue never came before the City Council regarding changing the retention pond; an engineer made the decision it would not be in the City's best interest to go forward; and her problem is the County has paid $236,000 for the retention pond. She inquired if the County could get that money out of the property now; with Mr. Minneboo responding it would be hard to get a premium price. Chairman Voltz inquired about holding the property for a couple of years; with Mr. Minneboo responding it will be commercial. Chairman Voltz stated she supports going forward with the change with the understanding the County will not get the money back right away.

Commissioner Cook stated the County paid appraised value, and he hopes the property is worth that. He stated it is a commercial corridor, and will create jobs; and it will be to everyone's benefit.

Commissioner Higgs stated she will support the change if staff is directed to request the City Council to move forward with the rezoning at this time; with Commissioner Cook agreeing it should be part of the request.

Commissioner Scarborough advised of an aesthetically pleasing retention area in Port Orange; and inquired if an aesthetically pleasing design could be used if it does not delay the project or increase costs. Ms. Hann stated the City would support that. Commissioner Higgs inquired about the cost. Commissioner Scarborough stated he does not know the cost difference between a square pond and a sculptured pond; but the decision is putting money back into Brevard County, and the City is paying the cost. Commissioner Higgs stated whether the County gets money back is based on the assumption the property can be sold and that the new road design does not cost significantly more. Discussion ensued on cost of aesthetically pleasing pond and interlocal agreement.

Chairman Voltz inquired if the interlocal agreement will come back to the Board; with Commissioner Cook responding it will have to, and he likes the addition of the request for the City to begin rezoning of the property. Chairman Voltz inquired if Ms. Hann has any problem with the rezoning request; with Ms. Hann responding the City could initiate the rezoning, and after checking with City staff, she will let County staff know if there are any problems.

Commissioner O'Brien and Commissioner Cook amended the motion to include the request to the City to initiate rezoning of the property.

Chairman Voltz called for a vote on the motion as amended. Motion carried and ordered unanimously.

The meeting recessed at 10:35 a.m. and reconvened at 10:50 a.m.

PERSONAL APPEARANCE - GLYN JOHNSTON AND ROB SCHUTZE, RE: PRODUCT THAT ELIMINATES 50% OF NOISE FROM JET SKIS, AND QUALIFIED STREET USE GOLF CART TYPE VEHICLE

Glyn Johnston, representing Bombardier Corporation, advised the Corporation recently introduced a new sound-dampening system, DSEABEL, which sets the standard within the personal watercraft industry; and other manufacturers will follow along in that area. He outlined the details of the new sound-dampening system, and explained how it works. He advised in 1998 the product will be placed on the GTXRFI unit; but starting in 1999, it will be on all units; and other manufacturers will follow the lead in doing this.

Chairman Voltz stated she did not know the extent of Bombardier's involvement until she reviewed the information. Mr. Johnston advised Bombardier is not a small company and employs approximately 44,000 people worldwide.

Rob Schutze presented a video introducing the neighborhood electric vehicle; and stated the vehicle is trying to solve problems related to congestion, pollution and noise. He stated the vehicle has been on the market for a year; and outlined the characteristics of the vehicle, including safety features which will allow it to be used on public streets. He stated Bombardier has demonstrated the vehicle to Sheriff Williams; and he has agreed it is a safe vehicle, and would welcome it on Brevard County's roads. He stated for the last five years, the State of Arizona has allowed vehicles of this type to be used on any public street of 35 m.p.h or less; they are licensed through the State of Arizona; and requested permission to work with the County Attorney's Office to incorporate the vehicle into the golf cart ordinance.

Chairman Voltz inquired if a drivers license is needed to drive the vehicle; with Mr. Schutze responding Bombardier is proposing that it be used by licensed drivers with proof of insurance. He stated he has been working with Assistant County Attorney Shannon Wilson to include definition within the ordinance to make use of the vehicle safe and practical for use on public streets. Chairman Voltz stated the vehicles would be good for the elderly population.

Commissioner O'Brien advised Mayor Joe Morgan's mother had to drive a golf cart around town on the sidewalks because she was unable to drive a car; and the vehicle would be ideal for people in that category. He stated it is an environmentally safe vehicle; the County has a large population of retirees as well as communities such as Suntree where such vehicles could be used; and there is competition as this is not the only vehicle being made.

Mr. Schutze stated the City of Celebration has enacted an Ordinance to allow this type of vehicle on the streets; Lady Lake has a community where the vehicle is allow to use the City streets; and recently Key Biscayne adopted an Ordinance to allow this type of vehicle on all City streets except for two high volume, high speed limit streets.

Commissioner Cook stated Mr. Schutze indicated he is working with the County Attorney to include this in the golf cart ordinance, and he wants to be sure there is consensus of the Board to do so. Commissioner Scarborough inquired what is to be included; with Commissioner Cook responding to allow the vehicles to be permitted on streets with speed limits of less than 30 m.p.h.; and inquired if that is appropriate for the golf cart ordinance or should it be a separate ordinance. Assistant County Attorney Shannon Wilson advised currently the Statute has no separate definition of neighborhood vehicles; the vehicles would probably come under the definition of golf carts under the Statutes; and the question is whether the Board wishes to treat them differently and exempt them or make special provisions for them under the golf cart ordinance. She stated a bill is proposed in the Legislature that would provide specific definition for neighborhood vehicles; but she is unclear if that bill would take them out of the definition of golf carts, so that whatever the Board does with golf carts would exclude neighborhood vehicles. She stated the question is how does the Board want to exempt them or treat them in the golf cart ordinance; and she will provide the Board with options.

Commissioner Cook stated the Board should not clutter up the golf cart ordinance; and inquired if the State has no definition of neighborhood vehicle at this time. Ms. Wilson responded currently the definition for golf carts would encompass the neighborhood vehicle; but what Bombardier is trying to accomplish is to have a separate definition which would take it out of the definition of golf cart; and the issue is how the Board will do that if the State legislation does not go through.

Commissioner Scarborough stated he would prefer to have Ms. Wilson bring the Board options; right now the majority of people who brought the issue up are golf cart owners; and he does not want to answer a problem that is not there yet and leave the big problem alone.

Chairman Voltz stated the neighborhood vehicle is not a golf cart although it can be used as one; and it is much superior to a golf cart, and should be addressed as such. She stated she would like to see it dealt with separately.

Mr. Schutze stated if a golf cart is allowed to be used on a public street, the neighborhood vehicle should be used as well; however, the neighborhood vehicle should not be defined as a golf cart because it may also be used on other streets outside of a gated planned community.

Commissioner Cook stated that would take a separate ordinance because what the Board is looking at is designating specific streets for golf carts, and looking beyond to streets with a 30 m.p.h. or less speed limit is a separate issue. Chairman Voltz agreed; and stated the neighborhood vehicle has all the equipment of a car. Commissioner Higgs stated the golf cart ordinance deals with golf carts in a golf community; it deals with going to and from the golf course only; and it is very different than the neighborhood vehicle issue.

Commissioner Cook stated the Board can consider what Mr. Schutze is proposing but it should be a separate issue from the golf cart ordinance.

County Manager Tom Jenkins stated what will be drafted will not preclude the neighborhood vehicles to be considered as golf carts, but there would also be an exclusion that if other provisions are made at some other time by the Board or by the State to address these vehicles, the golf cart ordinance would not preclude other uses if later designated.

Mr. Jenkins inquired if the Board has an interest to consider the electric car as a separate issue; with Commissioner Cook responding as a definition, but not the major issue of the ordinance; and the Board does not want to preclude them from being used. Mr. Jenkins inquired if the Board is interested in looking at it beyond the golf cart ordinance; with Commissioner Cook responding that issue should be placed on the agenda. Mr. Jenkins stated it will be an agenda item later after the golf cart ordinance.

FINAL PLAT APPROVAL, RE: AQUARINA, PARCEL E

Motion by Commissioner Higgs, seconded by Commissioner Cook, to grant final plat approval for Aquarina, Parcel E, subject to minor changes if necessary and receipt of all documents required for recording. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - NANCY MURPHY, RE: ABILITY TO KEEP ROOSTER

Nancy Murphy advised of her past ownership of chickens, problems with her neighbor's dogs, and her compliance with a previous Code Enforcement complaint. She stated a friend gave her a chick which they believed to be a hen, but it turned out to be a rooster; and she temporarily took care of other chickens belonging to a friend. She stated her neighbor's children attempted to damage her fence, and she called the Sheriff; her neighbor was upset and made threats that she would make her get rid of her chickens; when she got home from a trip, she had a letter from Animal Control informing her that it would cost thousands of dollars unless she got rid of her chickens; and so she got rid of all the chickens but the rooster, Half Pint. She stated a lot of people have chickens; and she cannot understand why Code Enforcement does not enforce the law all over Mims. She stated she is disabled, and misses her chickens.

Commissioner Scarborough stated Ms. Murphy has been in contact with his office; she has personal concerns, and the chickens provided comfort; and requested staff respond.

Planner Tom Myers stated Ms. Murphy is in a residential area zoned RU-1-13 on a 90 by 192-foot lot; under the current provisions of the Code, she would be allowed one chicken, but no roosters; and read aloud from Section 21-08.

Commissioner Scarborough stated staff is required to enforce the Ordinances, and did not arbitrarily pick on Ms. Murphy; and inquired if it is a problem to comply.

Ms. Murphy inquired how is a person to know whether a chick is a rooster; and stated she got attached to her chick, and treated it with as much love as some people do their children.

Chairman Voltz inquired if there is a way to tell the sex of a chick. Ms. Murphy responded no; stated the man who raised the chickens told her the chick was a hen; and inquired if someone gets attached to a chick that turns out to be a rooster, what are they supposed to do with it. Ms. Murphy stated her yard is loaded with fleas from the six dogs at the house behind her. Commissioner O'Brien stated his cousin is a chicken veterinarian; and there is a way to tell a difference between a hen and a rooster. Ms. Murphy disagreed; and stated one cannot tell until the chick is four or five weeks old, and she had her chick since it was two days old. Chairman Voltz advised of her experience with gerbils.

Chairman Voltz inquired if there is a noise problem; with Mr. Myers responding that was the rationale for the differentiation of allowing one chicken and not allowing one rooster.

Commissioner Scarborough stated the problem can only be solved by amending the Ordinance; the easiest thing to do is to swap the rooster for a hen; and explained the process to change the law. County Manager Tom Jenkins suggested contacting Agriculture and Extension Services Director Dan Schrader to see if he can work with Ms. Murphy.

Commissioner Cook inquired if Ms. Murphy still has the rooster; with Ms. Murphy responding it is at a friend's house. Commissioner Cook stated Mr. Schrader will work with Ms. Murphy to see if there is a way to resolve the issue. Chairman Voltz stated the County needs to do whatever it can to work this out; and it is unfortunate that Code Enforcement only works if there is a complaint. She stated the County Manager will have someone contact Ms. Murphy.

COMMITTEE SUBSTITUTE FOR SENATE BILL 92, RE: PROPOSED CHANGES TO EMINENT DOMAIN LAW

Chairman Voltz stated the recommendation is for the Board to opposed the majority of the proposed changes to the Eminent Domain Statute, and authorize staff to notify the Florida Association of Counties, the Legislative Delegation, and the County's lobbyist of the Board's opposition to and support of portions of Committee Substitute for Senate Bill 92. She stated she would like to look into the issue and talk to the Legislators.

Commissioner Cook stated there are some aspects that are strong property rights protections, and he would also like to look into the issue; and suggested deferring action.

The Board took no action on the item.

WARRANT LIST

Upon motion and vote the meeting adjourned at 11:31 a.m.

HELEN VOLTZ, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

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