The Board of County Commissioners of Brevard County, Florida, met in regular session on October 23, 1997, at 6:30 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Vice Chairman Helen Voltz, Commissioners Truman Scarborough, Nancy Higgs and Mark Cook, Community Development Administrator Peggy Busacca, and Assistant County Attorney Eden Bentley. Absent were: Commissioner Randy O'Brien, County Manager Tom Jenkins, and County Attorney Scott Knox.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF MAY 5 AND SEPTEMBER 8, 1997, ITEMS 6, 9 AND 18P

Vice Chairman Voltz called for the public hearing to consider the Planning and Zoning (P&Z) Board recommendations of May 5 and September 8, 1997, as follows:

Item 6. Ronald E. Dimenna's request for change from SR to SR with a Binding Development Plan on 21.24 acres located on the south side of North Tropical Trail, west of Colony Park Drive, which was approved by the P&Z Board with a Binding Development Plan as voluntarily submitted by the applicant.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to table Item 6 to the November 20, 1997 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Item 9. Carrie Fuquay's request for change from AU to RR-1 on 1.19 acres located on the southeast corner of Valley Road and Burton Road, which was approved by the P&Z Board.

Carrie Fuquay stated the change in classification is part of the property; she is keeping over 2? acres; she wants to keep the AU zoning where she lives; and requested 1.19 acres be zoned RR-1.

Commissioner Higgs stated in reviewing the maps, the predominant pattern in the area is AU zoning; and the character of the area is AU and should remain that way.

Senior Planner Mel Scott stated there are large sections in this area of Brevard County that are zoned AU and have a 1:1 residential density designation on the Comprehensive Plan; and the area is predominately subdivided at 1.4-acre lots.

Commissioner Higgs stated part of her concern is density; the AU uses allow the raising and grazing of animals, all agricultural pursuits, fowl raising, and plant nurseries; all of those are permitted uses in AU zoning; and the customary AU uses in the Code are not permitted in RR-1. She noted in the Comprehensive Plan under the directives in the Future Land Use Map, it talks about Brevard County supporting the right of agricultural property owners and situations where agricultural land uses are encroached by other types of development, and questioning land use compatibility; this is a question of land use compatibility; and the AU zoning should remain.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF MAY 5 AND SEPTEMBER 8, 1997, ITEMS 6, 9 AND 18

Commissioner Cook stated this is consistent with the Comprehensive Plan for the area. Mr. Scott stated the application would not require an amendment to the Comprehensive Plan, so one could say that the application represents the property owner trying to maximize what is permitted currently under the current Future Land Use designation.

Assistant County Attorney Eden Bentley stated Mr. Scott is referring to primarily the map, and the policies and directives of the Comprehensive Plan also have to be considered, in addition to the map. Vice Chairman Voltz stated she does not see a problem with the rezoning request.

Motion by Commissioner Higgs, to overrule the P&Z Board and deny Item 9. Motion died for lack of a second.

Commissioner Scarborough stated he is going to move to grant the rezoning request as the County is not doing any great injustice to people; and it is not putting something in the area that is going to run down the neighborhood.

Commissioner Higgs stated it is not going to run down the neighborhood, but it is going to change the character of the area; the County is establishing conflicts in an area that is predominately AU; and it is the wrong thing to do.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 9 as recommended by the P&Z Board. Motion carried and ordered; Commissioner Higgs voted nay.

Item 18. Henry A. Fisher/North Cypress Preserve's request for CUP for solid waste disposal facility on 14.86 acres located north of Micco Road, east of I-95, which the P&Z Board approved a CUP for mulching facility and air curtain incinerator.

Vice Chairman Voltz stated the Board does not have a choice and must approve this item per the court order.

Commissioner Higgs stated the Board has the ability to establish conditions; and advised of her meeting on October 10, 1997 with Tom Fortson, John Bargas, Henry Fisher, County Attorney Scott Knox, and Barbara Arthur. Commissioners Cook and Voltz stated they discussed the various zoning items with Zoning Official Rick Enos today.

Attorney Warren Dill, representing the applicant, provided Exhibits 1 through 12 for the record, which were entered into the record at the original hearing before the Board on January 27, 1997, including a composite of three drawings showing where the mulching facilities will exist, a site location of the development, two large aerial maps, a series of newspaper articles, a letter dated January 9, 1997 from Barbara Arthur to interested constituents, a rezoning review worksheet prepared by County staff, a fire plan prepared by Tom Fortson, a letter dated January 27, 1997 from Empire Engineering

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF MAY 5 AND SEPTEMBER 8, 1997, ITEMS 6, 9 AND 18

and Testing, a letter dated January 24, 1997 from Masteller & Moler, Inc., a report prepared by Joseph Tessitore, a report prepared by Les Solin, and letters of support for the application. He further entered into the record additional exhibits, including a transcript prepared by the court reporter of the January 27, 1997 Board meeting pertaining to Item 18, Exhibits 14, 15 and 16 which are copies of permits issued by Brevard County to three other air curtain incinerator operators, Exhibit 17 which is a letter he wrote to Mr. Rick Enos dated October 22, 1997, and Exhibit 18 which is the court order. Attorney Dill stated they are present because of a court order; three judges have unanimously ruled that the permit should be issued, subject to reasonable and lawful conditions; this is a recycling facility and not a typical solid waste burn facility; and they take natural wood products and convert them into a natural mulch. He noted the only things that are not used are the roots, stumps and those things that cannot be mulched; those are the few items that are burned on the site; the ash from the burn is mixed with the soil that comes in with the roots and makes potting soil; this is an environmentally-sensitive facility and a good facility for Brevard County; and the County does not have a private mulching facility. He advised they went before the Planning and Zoning Board for this item; it unanimously approved it 10:0; it came before the Board of County Commissioners on January 27, 1997; and it approved the rezoning of the property from GU to AU, and denied the CUP for the mulching facility and hot air incinerator. Attorney Dill stated as a result of the denial, they petitioned a court and asked them to review the decision; everyone knows what that decision was; they are not here to re-present the application to the Board; and they are here to determine reasonable and lawful conditions tonight. He noted his letter dated October 22, 1997 only addresses the conditions they are concerned with; most of them are minor re-writes of the same conditions the County has; they are trying to be as cooperative as they can with Brevard County; and there are some heavy conditions being proposed for the project, and they are doing their best to comply with them.

Attorney Dill stated Item 1 is General Conditions; and what he has included in it is that they should be entitled to due process for revocation of the CUP and he would like a 30-day period to correct the violation. The Board agreed to substitute Attorney Dill's Item 1 for the County's Item 1.

Commissioner Higgs inquired has the Solid Waste Management Director reviewed Attorney Dill's Item 1; with Mr. Rabon responding yes. Mr. Rabon stated in the operating permit, normally if there is a violation that is life-threatening or safety-threatening, the County has the authority to deal with it immediately rather than wait 30 days for a correction. Assistant County Attorney Eden Bentley advised the Board could add the sentence "The 30-day notice period provided in here shall only apply to the CUP permit revocation process." The Board and Attorney Dill concurred with the proposed language.

Attorney Dill stated he revised Item 2 to read, "The haul route for all trucks shall not run through roads constructed by Barefoot Bay." The Board agreed to substitute Attorney Dill's Item 2 for the County's Item 2.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF MAY 5 AND SEPTEMBER 8, 1997, ITEMS 6, 9 AND 18

Attorney Dill requested Item 10 be deleted which states, "To prevent unauthorized waste disposal, access to and use of the facility shall be controlled by fencing, gates, or other barriers approved by the County." The Board and Attorney Dill agreed to the language, as follows: "To prevent unauthorized waste disposal, access to and use of the facility shall be controlled by fencing, gates, or other barriers. The existing gate and fence shall be adequately maintained."

Attorney Dill requested the language in Item 14 be revised as follows: "The facility shall have an all weather access and perimeter road and other on-site roads maintained to allow access for inspections and fire fighting. The all weather access and perimeter road shall be an unpaved road with a minimum of eight (8) inches of stabilized subgrade at LBR 40." The Board agreed to Attorney Dill's language in Item 14.

Attorney Dill stated they are prepared to leave Item 15 as it is with the County's language which states, "The facility shall have a fire suppression system approved by the Brevard County Fire Inspector."

Attorney Dill requested the language in Item 20 be revised as follows: "The site shall have stormwater controls designed, constructed and maintained to meet the requirement of Florida Administrative Code Rule 62-25. The stormwater management system shall be designed to direct run-off away from the receiving, processing, or storage areas." The Board agreed to Attorney Dill's language in Item 20.

The meeting recessed at 8:05 p.m. and reconvened at 8:16 p.m.

Zoning Official Rick Enos stated what staff is proposing at this point for Item 7 is to require that the 400-foot setback apply to the east and south property line, and the 3.65-acre tract within which the improvements will be made is going to be somewhere within the 14 acres; it may go all the way to the northwest corner or it may not need to go that far; and it will still allow the applicant to meet the 400-foot setback to all the property lines.

Attorney Dill proposed that Item 7 read as follows: "The air curtain incinerator shall be set back a minimum of 400 feet from the property boundary line of the neighboring property and the 3.615-acre site shall be allowed to float within the 14-acre site."

Assistant County Attorney Eden Bentley stated the Ordinance requires a 200-foot setback from all property lines; and on the north and the west, the applicant would need to submit a Binding Development Plan showing a setback in that area.

Attorney Dill stated the Binding Development Agreement does no more than prohibit the applicant from selling off land so they do not have a 400-foot buffer on the north and west; and they are still allowed to use the 400 feet on the north and west for any purpose that is allowed in the AU district. He noted with that understanding, they agree to enter into the Binding Development Agreement.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF MAY 5 AND SEPTEMBER 8, 1997, ITEMS 6, 9 AND 18

Attorney Dill stated Items 8 through 11 are mutually exclusive; his applicant only needs Items 9 and 11; and he wants to make it clear that is all he intends to meet are those two Items by using an incinerator without vertical refractory-lined walls and a forced under draft air.

Attorney Dill requested the language in Item 14 be revised as follows: "The operator of an air curtain incinerator shall be qualified as a Visible Emission Evaluator and trained in the specifications of FDEP Reference Method 9 as amended. This condition will become effective six months after the facility receives its final operating permit, in order to allow the facility to operate while certification is being obtained." The Board agreed to accept Attorney Dill's language in Item 14 under the category of air curtain incinerator.

Attorney Dill requested the language in Item 2 be revised as follows: "Sound from the mulching machine shall not exceed 70 decibels at a distance of 500 feet in any direction from the property line of the 50-acre site. The 70 decibels shall not include ambient noise level (the sound pressure level of all-encompassing noise emanating from a given environment, usually a composite of sounds from many sources not including the source of interest). The 70 decibels reading (Leq) shall be based on using an ANSI Type sound level meter to measure dB(A-wt) for not less than one hour." The Board agreed to accept Attorney Dill's language in Item 2 under the category of mulching facility conditions, except for Commissioner Higgs.

Attorney Dill stated he revised Item 3 to read, "Mulching equipment shall be set back a minimum of 300 feet from the property boundary line of the neighboring property." He stated his language makes it clear that they are talking about the boundary line of the 50-acre site; the County's language says 200 feet from the site boundary; and he does not want it confused with the 3.65-acre site. The Board agreed to substitute Attorney Dill's Item 3 for the County's Item 3 under mulching facility conditions.

Attorney Dill requested Item 4 be deleted which states, "Operation of the mulching facility shall be in accordance with Recycling Yard Trash: Best Management Practices Manual for Florida, Florida Department of Environmental Protection, May 1996." He stated the book is 70-plus pages; and it is unreasonable.

Solid Waste Management Director Richard Rabon stated it is a Manual prepared by DEP; if someone is going to operate a mulching facility, they have to operate it in accordance with the book, or they are required to have a permit; the County is bound by it; the entire Manual does not apply to Attorney Dill's client; and he would only apply the best management practices for mulching to the operation.

Vice Chairman Voltz requested the same guidelines be followed as the County follows.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct staff to include the applicable portions of the document on Recycling Yard Trash: Best Management Practices Manual for Florida, in the permitting.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF MAY 5 AND SEPTEMBER 8, 1997, ITEMS 6, 9 AND 18

Attorney Dill suggested the language, "Operation of the mulching facility shall comply with all DEP requirements or conditions relating to the applicant's use."

Commissioner Scarborough suggested the following verbiage: "The mulching facility shall be substantially in accordance . . ." He noted the Manual can be referenced and be in substantial compliance with the applicable sections. Attorney Dill stated he objects to the suggested language.

Attorney Dill stated he is going to provide language which is closer to what his client can live with, but he is not going to agree to it: "Operation of the mulching facility shall be substantially in compliance with the applicable provisions relating to Recycling Yard Trash: Best Management Practices."

Commissioner Higgs stated she does not see any reason to agree to the language when Attorney Dill is saying he objects. Attorney Dill stated this is the only condition out of 44 that he has objected to; and it is not unreasonable.

Commissioner Cook suggested the language read, "The applicant will use the Best Management Practices Manual as a guideline for his operations, those applicable parts that relate to his operation."

Attorney Dill reiterated the language as follows: "The applicant shall use the Best Management Practices Manual for Florida as a guideline, as applicable, as it relates to the applicant's operation."

The Board agreed to Item 4, as follows: "The applicant shall use the Best Management Practices Manual for Florida as a guideline, as applicable, as it relates to the applicant's operation."

Robert J. Smith stated he has been in the incineration business for 30 years in environmental engineering; he is amazed at this project and cannot see any way to vote on this tonight; this is a death machine; and there are no controls on it. He noted the Board has an opportunity to make sure this project meets good standards; and suggested it be reviewed by the County's air quality people.

Commissioner Cook stated Mr. Smith's concerns have been addressed through the conditions; the County's technical personnel have reviewed this; and the applicant has to comply with all local, State and federal rules, regulations and permits, including DEP specifications, standard conditions and the 84 conditions of the Conditional Use Permit.

E. M. Cunningham, representing Micco Homeowners Association, stated there is only one way to get into, out of, and across Fleming Grant Road which is from U.S. 1; coming off of U.S. 1, there is a highly dense residential area with narrow streets, including Main Street; and there is going to be a problem if 20 and 30-ton trucks are allowed to go that route.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF MAY 5 AND SEPTEMBER 8, 1997, ITEMS 6, 9 AND 18

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve Conditional Use Permit for Mulching Facility and Air Curtain Incinerator with conditions, as amended, and Binding Development Plan for north and west buffers for Item 18. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct the Traffic Management Director to examine the process and make recommendations on limiting truck traffic on certain roads in the area. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF OCTOBER 6, 1997

Vice Chairman Voltz called for the public hearing to consider the Planning and Zoning (P&Z) Board recommendations of October 6, 1997, as follows:

Item 1. Brevard County Board of County Commissioners' request for change from GU to GML on 240? acres located west of the intersection of Lake Andrew Drive and Wickham Road, which was approved by the P&Z Board.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve Item 1 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 2. Mannie G. Slabine Trust's request for CUP for alcoholic beverages for on-premises consumption in BU-1, currently having a SUP for beer and wine for on-premises consumption on .39 acre located on the west side of S.R. A1A, south of Sea Park Boulevard, which was approved for a restaurant with a minimum of 60 seats.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve Item 2 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 3. Rosemary Griffiths' request for change from AU to BU-1 on 1.71 acres located on the west side of U.S. 1, directly opposite of Ruby Street, which was approved by the P&Z Board.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve Item 3 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 4. Gertrude E. Dixon's request for change from GU to RR-1 on the front 200 feet with an interpretation of a home occupation for computer generated graphics and signs, and expansion of the MUD and change from GU to BU-1 on 2.25 acres located on the south side of Lake Drive, east of Range Road, which the applicant withdrew the MUD expansion and the P&Z Board approved RR-1 and interpretation of home occupation, and BU-1 with a BDP limiting access from S.R. 520 only. John Cowart advised of his opposition to the rezoning request; stated the immediate neighbors are opposed to this; and the future of the land is as important to him as what is currently being proposed. He requested the Board leave the zoning status quo.

Syble Clark, representing the applicant, provided documentation to the Board concerning the subject property; stated Mr. Cowart's business is directly east of Ms. Dixon's property; across the street is Liberty Tree Stables Custom Cowhide; and delineated various businesses in the area. She stated the applicant is requesting RR-1 for the front; BU-1 would be with ingress and egress from S.R. 520 only; and the request is consistent with the character of all the properties on Lake Drive.

Ronald Dixon, owner of Dixon Electric, advised he supports the request; all the property belongs to him all the way out to the road; he bought the strip to S.R. 520 with a utility dedicated easement to the gas company; and it entitles the company at any time to tear up the property to repair the gas line.

Commissioner Cook recommended the item be tabled to allow staff to come back with what can be done legally that would only allow the gas company to use the easement if it has to use it, and block the access for any sort of commercial activity coming out to Lake Drive. He stated there is no road frontage for this property on Lake Drive; that is the problem here; and requested the item be tabled to allow additional time to work this out to see if there is a resolution. He noted for him to support this item there is going to have to be some type of restriction because otherwise, it is infringing on the residential nature of this portion of Lake Drive.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to table Item 4 to the November 20, 1997 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Item 5. Space Coast Truss, Inc., a Florida Corporation's request for CUP for a truss manufacturing plant in an IU zone on 2.545 acres located on the southeast corner of Schenck Avenue and Paint Street, which was approved by the P&Z Board.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve CUP for storage only for Item 5. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF OCTOBER 6, 1997

Item 6. Cornelia and Henry C. Caudill's request for change from GU to RRMH-5 on 9.79 acres located on the south side of Lloyds Street, west of Meadow Green Road, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 6 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 7. Brevard County Board of County Commissioners' request for change from RU-1-9 to GML on 0.74 acre located on the west side of Adamson Road, north of S.R. 524, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 7 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 8. Lamar W. and Dorothy J. Tucker's request for change from AU to RR-1 on 2.24 acres located on the east side of Shamrock Drive, north of Bouganvilla Drive, which was approved with a BDP limiting to one lot.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 8 with a BDP limiting to one lot as recommended. Motion carried and ordered; Commissioner Higgs voted nay.

Item 9. Hoyt G. Mack and Ola Mae Mack, Trustees' request for change from AU to RR-1 on 1.01? acres located on the east side of Freedom Avenue, south of Parker Road, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 9 as recommended by the P&Z Board. Motion carried and ordered; Commissioner Higgs voted nay.

Item 10. Richard T. and Mary L. Schaaf, Fairlie D. and Mary L. Lockhart and John and Teresa M. Goodnight's request for change from RR-1 to RRMH-5 on 3.78 acres located on the west side of Meadow Green Road, north of the western terminus of Aurantia Road, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 10 as recommended by the P&Z Board. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF OCTOBER 6, 1997

Item 11. Zoning Official's Report: None.

Item 12. Windover Farms, Inc.'s request for change from GU to BU-2 on 1.4 acres located on the east side of I-95, south of Highway 50 and west of Windover Way, which was withdrawn by the applicant.

PUBLIC HEARING, RE: PORT ST. JOHN DEPENDENT SPECIAL DISTRICT BOARD RECOMMENDATIONS OF OCTOBER 8, 1997, ITEM 1

Vice Chairman Voltz called for the public hearing to consider the Port St. John Dependent Special District Board recommendations of October 8, 1997, as follows:

Item 1. Holiday Builders, Inc.'s request for change from GU to RU-1-7 on .38-acre parcel located on the southwest corner of Oleander Street and Fecco Street, which was approved by the Port St. John Dependent Special District Board with a Binding Development Plan limiting house size to 900 square feet living area and limited to one buildable lot.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 1 with a Binding Development Plan limiting house size to 900 square feet and limited to one lot as recommended. Motion carried and ordered unanimously.

BUDGET CHANGE REQUEST, RE: BEACH RENOURISHMENT PROGRAM

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve Budget Change Request to transfer $340,000 from the TDC Beach Improvement Fund 1810, Other Reserves to Other Contracted Services to partially fund the PED-related work in accordance with the August 26, 1997 Contract with U.S. Army Corps of Engineers. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING DANA BOUCK

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution recognizing and commending Dana Bouck for her community leadership and dedication to the enhancement of the quality of life in Brevard County. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING AGRICULTURAL RESIDENTIAL (AU) ZONING CLASSIFICATION

Vice Chairman Voltz called for the public hearing to consider an ordinance amending Agriculture Residential (AU) zoning classification.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Cook, to continue the public hearing to consider ordinance amending Agricultural Residential (AU) zoning classification to the second public hearing on November 4, 1997. Motion carried and ordered unanimously.

PUBLIC COMMENT

Paul Makos stated the Board adopted Ordinance No. 97-36; he reviewed a document from staff which was supposed to be on tonight's agenda; and he has met and exceeded the minimum requirements for a Conditional Use Permit (CUP).

Vice Chairman Voltz stated she does not know what Mr. Makos is referring to and requested staff explain Mr. Makos' situation.

Planner II Randy Woodruff stated Mr. Makos came to the County to file for a Conditional Use Permit for temporary living quarters during construction of a residence; on September 25, 1997, there were recommendations for a minimum of one acre in order to apply for the CUP; and Mr. Makos does not have one acre. He noted Mr. Makos needs clarification as to where the County stands now and whether he is allowed to apply for a CUP with property under one acre.

Mr. Makos advised he is one-foot above the minimum requirement for flood zone; he has his foundation and rough for his electric which is conduit direct burial; he is in his second and third inspections; and he wants to do the right thing. He noted he has complied with everything in Ordinance No. 97-36.

Commissioner Scarborough inquired if Mr. Makos' has immediate neighbors adjoining him; with Mr. Makos responding negatively and stating he owns four lots.

Commissioner Higgs inquired if Mr. Makos had the permit for the slab prior to the Ordinance; with Mr. Makos responding affirmatively. Commissioner Higgs inquired if Mr. Makos could be vested if he proceeded in good faith and had a permit for construction. Commissioner Scarborough inquired if the Board can move for vested rights in this case; with Assistant County Attorney Eden Bentley responding there is a procedure for doing that.

Community Development Administrator Peggy Busacca stated the Ordinance has not yet been amended; the Board directed staff to put the ordinance together and bring it back; however, it has not happened yet.

Commissioner Higgs advised Mr. Makos that there is not a problem with his situation.

Upon motion and vote, the meeting adjourned at 10:30 p.m.

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

ATTEST:
SANDY CRAWFORD, CLERK
(SEAL)