The Board of County Commissioners of Brevard County, Florida, met in special session on February 27, 1995, at 4:05 p.m. in the Government Center Board Room, Building C, 2725 St. Johns Street, Melbourne, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Nancy Higgs, Mark Cook, and Scott Ellis, County Manager Tom Jenkins, *County Attorney Scott Knox, and Assistant County Attorney Lisa Troner. Absent was: Commissioner Randy O'Brien.

APPROVAL, RE: REVISED BOARD MEETING SCHEDULE

County Manager Tom Jenkins advised the Board previously directed staff to review the meeting schedule; the Florida TODAY forum will be rescheduled at a later date; the Board had discussed the fact that it had three major items coming up at the April, 1995 Land Development Regulations (LDR) meetings, including nudity, bingo, and impact fees; staff reviewed that and preliminarily scheduled the impact fee ordinance for May 9 and May 23, 1995, at 5:01 p.m.; and that would allow the Board to do the bingo and nudity issues in April, 1995 and the impact fees in May, 1995. He stated it appears that everyone's schedule can accommodate those switches; and requested approval of the revised schedule.

The Board approved the revised 1995 Board Meeting Schedule as presented by the County Manager.

APPROVAL TO USE FOWLER & WHITE LAW FIRM, RE: MIORELLI LITIGATION

County Attorney Scott Knox advised last week he was informed by Fowler & White law firm that the insurance company is going to stop making any payments of attorneys fees or costs in the Miorelli litigation as of February 15, 1995; and he will agenda an item to discuss this in detail for next Tuesday's meeting. He noted in the interim, he would like to get the Board's authority to continue to use Fowler & White and to pay its expenses, pending a final decision by the Board as to what it wants to do with this.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve continuing the use of Fowler & White law firm and to pay its expenses from February 15, 1995 to March 7, 1995, pending a final decision by the Board regarding the Miorelli litigation. Motion carried and ordered unanimously.

*Attorney Knox's absence was noted at this time.

DISCUSSION, RE: TELEVISING COMMISSION MEETINGS

Commissioner Cook stated he may agenda the issue to discuss televising Commission Meetings at the March 7, 1995 Board meeting; he was wondering if the Commission could review the possibility of videotaping which might be an inexpensive option; and such tapes could be available for the public.

Commissioner Scarborough related there is a lot of interest in this item.

County Manager Tom Jenkins advised he and Commissioner Scarborough met with Cablevision and Brevard Community College, and television station personnel some weeks ago; he compiled several options; and the College offered to cost those options out in terms of everything from taping to a live transmission. He noted part of the thought process was that whatever the County does, it wants to do it for the capacity in the later dates to do live whatever it buys because eventually, it believes it can get a local government channel from Cablevision when it expands; staff is still waiting for the College to come back with the cost estimates on the hardware and so forth; and he will check on it.

DISCUSSION, RE: MERRITT ISLAND REDEVELOPMENT AGENCY

Chairman Higgs indicated she received a letter from Kurt Easton with the Merritt Island Redevelopment Agency (MIRA); the Agency requested its report to the Board and the item come back on March 14, 1995 at the evening Board meeting instead of on March 7, 1995; Board action had been taken to place it on March 7, 1995; and inquired if there is a motion to agenda such issue for the evening of March 14, 1995.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve scheduling discussion of the Merritt Island Redevelopment Agency from March 7, 1995 Board meeting to March 14, 1995 if there is unanimous consent by the Board. Motion carried and ordered unanimously.

Motion by Commissioner Ellis, to approve scheduling discussion of the Merritt Island Redevelopment Agency for March 14, 1995 Board meeting in the evening, with such item to be scheduled last on the agenda.

Commissioner Ellis advised the reason the issue should be last on the agenda is because that is only fair to everyone that has items already on the agenda.

Motion died for lack of a second.

APPOINTMENT, RE: BEACH EROSION ADVISORY COMMITTEE

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to table Resolution updating membership of the Beach Erosion Advisory Committee until March 7, 1995. Motion carried and ordered unanimously.

DISCUSSION, RE: DELIVERY OF SERVICES TO SOUTHWEST CORNER OF BREVARD COUNTY

Commissioner Ellis advised he placed this item on the agenda; it was driven by problems the County had during Storm Gordon with the rains; where Fellsmere Grade reappears on the other side of the County, ditches have not been maintained over there; the water flowed out of the roadside ditch into a grove ditch which was not equipped to handle that amount of water; and it washed out the culverts. He noted there are agreements between Indian River and Osceola Counties; everything these people are served by is Osceola County, including schools, Sheriff, fire, and road and bridge; and he did not understand the point of having them in Brevard County. He stated if all of the services come from Osceola County, it would certainly be simpler to put them in Osceola County and let them be able to vote for who provides their services; now when they vote, they vote at Rodes Park in West Melbourne; if they try and vote on election day, they have an hour and a half drive to come and vote; those that vote end up voting absentee because of the drive; and it is absurd.

Commissioner Cook expressed concern on what the procedure would be to do this; as far as the voting, that is something the Supervisor of Elections could accommodate or everyone votes absentee which is the only practical way to do that; he would like to hear staff's comment; he is reluctant to cede over a portion of the County; and he would prefer initially to look at updating the service agreements or working on some additional interlocals, if the people need additional services. He noted it probably would be difficult for Osceola County to maintain too; with Commissioner Ellis responding it already does.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to explore ceding the extreme southwest corner of Brevard County over to Osceola County so people can have services provided by the people they vote for instead of people that are hours away which serves no purpose.

Chairman Higgs indicated she cannot support the motion; the County needs to update its interlocal agreements so it can provide adequately for the services; the Board received information on the water situation in this part of Brevard County; and according to the February 21, 1995 memorandum from Dick Martens, there is potable quality water in this area. She noted she believes everyone knows of Brevard County's potential problems with water; this is one of the few areas in Brevard County that has water which exceeds drinking water standards and does not have total dissolved solids that make it unusable as drinking water; this is the Stapley Grove area that Palm Bay has a contract with East Central Florida Utilities to provide water; to talk about ceding this to Osceola County is not a wise solution to the problem at this point until Brevard County knows fully where it will go for water; and she wants to update the interlocal agreements, but cannot support ceding this area to Osceola County.

Chairman Higgs called for a vote on the motion to explore redrawing the County lines for southwestern Brevard. Motion carried and ordered; Commissioner Higgs voted nay.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to authorize staff to update service delivery agreements to the Fellsmere grade area. Motion carried and ordered unanimously.

REQUEST FOR INSTALLATION, RE: SPEED HUMPS ON WEST DRIVE

Traffic Engineering Director Billy Osborne explained that West Drive has been experiencing a lot of activity at night time with local residents drag racing in the area; the owners of the property have complained to the Sheriff's Department; such Department has tried to enforce the drag racing, but has not been successful in curbing this activity; and it has requested of the four existing businesses along that roadway that speed humps be installed along the roadway to curb that activity. He noted a letter has also been submitted indicating and expressing their support for the installation of speed humps, and feels this would reduce the problem.

Commissioner Ellis indicated the problem is not during the day; it is a drag racing problem at night; the Sheriff has been out there and made arrests on a continuing basis; he does not know what can be done out there other than putting in speed humps; and most likely, the County may end up having to put speed humps somewhere else out there.

Mr. Osborne stated the County may end up having to put speed humps on East Drive after putting them on West Drive.

Commissioner Cook inquired is this located within an industrial park; with Mr. Osborne responding affirmatively. Commissioner Cook inquired is this a public road; with Mr. Osborne responding yes. Mr. Osborne advised this request is unique in that speed humps are typically designed for residential roadways and it does not address the need for speed humps in industrial subdivisions; and it would be an alternative to the problem.

Motion by Commissioner Ellis, seconded by Commissioner Scarborough, to approve request for installation of speed humps on West Drive, located in Section 26, Township 27S., Range 36E. Motion did not carry; Commissioners Scarborough and Ellis voted aye, Commissioners Cook and Higgs voted nay.

Commissioner Cook suggested the Board receive additional information, including the staff survey the absentee landowners and find out if the businesses are willing to pay for the speed humps.

The Board directed the Traffic Engineering Director to survey all the property owners on West and East Drives to find out if they want speed humps installed and if so, would they be willing to pay for them; and report back to the Board in 30 days.

DISCUSSION, RE: CHARGING FEE FOR ADVANCED AGENDA SUBSCRIPTION

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to authorize staff to no longer charge private individuals for annual subscriptions to the Advanced Agenda. Motion carried and ordered unanimously.

DISCUSSION, RE: STORMWATER UTILITY FEE EXEMPTIONS FOR GOVERNMENT PROPERTIES

Commissioner Ellis indicated it is a waste of money to have County property paying a stormwater fee; it is taking money from the left hand and putting it in the right hand; and the proper thing to do is to exempt these County-owned properties from the stormwater fee. He noted it is a lot of paperwork and he does not think it serves any purpose.

Chairman Higgs stated one of the hot issues that the new Congress has dealt with is Congress exempting them in the past from the same rules they apply to others; this seems to be that same sort of deal that the County would exempt itself and treat itself specially; and she cannot support it. She noted if the County is going to force others to pay, then it should pay the same thing.

Commissioner Scarborough related that unless the County is going to go a lot further than this one thing that there is a problem in the enterprise funds and these fund transfers; it is complex and takes a lot of time; but the more you are with it, there is a logic system that does have these activities; and he does not know why this should be exempt and there are other things where the County is doing transfers for all kinds of other activities that are rendered to or by enterprise funds.

Commissioner Ellis indicated he does not look at it as exempting others from the rules; if you look at this one, taxpayers pay either way; if you really want to get it down to who is being exempted, the taxpayers are being exempted from paying the stormwater taxes on County-owned properties because all of these agencies are supported by taxpayer dollars; and it is their money that goes to the stormwater fund.

Commissioner Cook advised the Port Authority and School Board are presently exempt from stormwater fees.

Surface Water Improvement Director Ron Jones responded the Port Authority is exempt by law; the County could assess the School Board; however, it would have to be collected through an agreement between the School Board and the County Commission. Commissioner Cook noted so it is not presently being collected; with Mr. Jones responding that is correct.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to exempt County-owned properties from stormwater fees. Motion did not carry; Commissioners Cook and Ellis voted aye, Commissioners Scarborough and Higgs voted nay.

Commissioner Ellis requested staff reschedule the item for March 7, 1995 Board meeting when there is a full Board present.

DISCUSSION, RE: ORDINANCE AFFECTING FENCES

Commissioner Ellis advised currently there is a restriction of six feet on a backyard fence; he would like to increase it to eight feet; government has to justify why an ordinance exists; he does not believe people have to justify why they want an eight-foot fence; and he has not seen any justification for the six feet. He inquired is there some reason why it has to be six feet.

Assistant County Manager for Community Development Dean Sprague responded it is a question of scale when they talk about the typical residential lot and its size; most of the discussion is focused around the eight feet in that it changes the scale visually; an eight-foot fence looks a lot taller than just two more feet; and that is the argument that he has heard. He noted he has heard about a study which talked about wind resistance between six feet and eight feet; but he does not know how significant that is.

Assistant County Attorney Lisa Troner advised the County would do this by ordinance amendment; and the Board could have further information at the time the ordinance goes to public hearing.

Chairman Higgs noted she has not had one person call her office about the height of fences.

Motion by Commissioner Ellis, seconded for discussion by Commissioner Scarborough, to direct staff to draft an ordinance to allow for eight-foot in height fences.

Commissioner Scarborough noted when the ordinance comes back, the Board can put in further definitions, including consent by neighbors and size of lots. He stated he does not want to suddenly do things that are going to take property values away from people; and that is what always concerns him.

Commissioner Cook stated his former neighbor's fence devalued his property; he understands it was a five-foot fence all the way around; and expressed concern if there is not some sort of standard, then a neighbor could devalue someone else's property.

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

Commissioner Ellis requested staff reschedule the item for March 7, 1995 Board meeting when there is a full Board present.

DISCUSSION, RE: BOND ISSUE REVIEW PROCESS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to authorize staff to set a workshop on the procedure for processing bond applications. Motion carried and ordered unanimously.

PERMISSION TO AMEND EXISTING PROCESS, RE: PROCESSING OF SMALL SCALE COMPREHENSIVE PLAN AMENDMENTS

Motion by Commissioner Ellis, to authorize advertisement of all small scale plan amendments after submission by an applicant. Motion died for lack of a second.

The Board took no further action to amend existing process for processing of small scale comprehensive plan amendments.

RESOLUTION SETTING PUBLIC HEARING, RE: VACATING RIGHT-OF-WAY IN BRYAN & CARLILE RESUBDIVISION - ELBERT C. AND JUDY BURNS AND PHILIP T. HUCKABEE

Assistant County Manager for Community Development Dean Sprague advised the item was pulled from the Consent Agenda by Commissioner O'Brien.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to table resolution setting public hearing to consider vacating right-of-way in Bryan & Carlile Resubdivision, as petitioned by Elbert C. and Judy Burns and Philip T. Huckabee until March 7, 1995 regular meeting. Motion carried and ordered unanimously.

APPROVAL OF EXPENDITURE, RE: INSTALLATION OF SHOULDERS ALONG MILWAUKEE AVENUE

Motion by Commissioner Ellis, seconded by Commissioner Cook, to approve expenditure of funds for acquisition of three properties needed for the installation of shoulders along the south side of Milwaukee Avenue at a cost of $500 each. Motion carried and ordered unanimously.

APPROVAL OF BUDGET CHANGE REQUESTS AND PERMISSION TO PURCHASE, RE: MAINTENANCE EQUIPMENT FOR ROAD AND BRIDGE DIVISION

County Manager Tom Jenkins advised Commissioner O'Brien had pulled this item from the Consent Agenda; and since that time, Public Works Director Henry Minneboo removed the street sweeper which Commissioner O'Brien had questions about.

Chairman Higgs inquired is the Board going to see the street sweeper by itself; with Mr. Jenkins responding yes.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve purchasing four 10-wheel Mack dump trucks, two 2 1/2 ton Chevrolet flatbed dump trucks, four two ton Chevrolet flatbed dump trucks, and one Gradall at a total cost of $698,000; and approve Budget Change Request forms which will adjust the mobile equipment line item to the correct amount.

Commissioner Cook noted staff said Commissioner O'Brien's concern was the street sweeper; with Mr. Jenkins responding yes. Mr. Jenkins advised he saw the operating costs of it and thought it was too costly; Mr. Minneboo decided to withdraw that one item so he could proceed with the rest of it; and come back at some later date or drop the street sweeper all together. Commissioner Cook inquired would these go out to bid. Assistant County Manager for Community Development Dean Sprague responded a couple of them came off of state contract, but in essence that is a state bid; and the County reserves the right to study the street sweeper a little further and explore other alternatives to see if it can find something more cost effective.

Commissioner Ellis inquired has the County dissolved all of the equipment that was purchased with the local option gas tax for road building; with Mr. Sprague responding yes. Mr. Sprague advised most of that equipment actually in the course of that road building was worn out and was auctioned off last summer.

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

Upon motion and vote, the meeting adjourned at 5:11 p.m.

NANCY N. HIGGS, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

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