The Board of County Commissioners of Brevard County, Florida, met in regular session on February 29, 2000, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Sue Carlson and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Randy O'Brien, District 2.

Commissioner Truman Scarborough led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve the Minutes of October 26, 1999 Regular Meeting and November 15, 1999 Special Workshop Meeting. Motion carried and ordered unanimously.

DISCUSSION, RE: NAMING PORTION OF SPORTS COMPLEX AFTER CHRISTOPHER LANDRENEAU

Commissioner Scarborough stated the Board received a letter from Attorney Hank Evans advising Brevard Community College in Titusville offered to give Brevard County lands for soccer fields; and the County has worked with the St. Johns River Water Management District which is acquiring lands from Dr. and Mrs. Michael Landreneau. He stated the Landreneaus are selling the property for less than the fair market value; and they have requested a portion of the property be named after their deceased son.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve naming a portion of the proposed sports complex on property purchased by St. Johns River Water Management District from Dr. and Mrs. Michael Landreneau, which will be given to Brevard County, after their deceased son, Christopher Landreneau. Motion carried and ordered unanimously.

DISCUSSION, RE: ITEM PULLED FROM CONSENT AGENDA

Commissioner O'Brien pulled Item III.C.2. from the Consent Agenda.

DISCUSSION, RE: MERRITT ISLAND AND TITUSVILLE HIGH SCHOOLS

Commissioner O'Brien stated Merritt Island High School is going to the finals in Tallahassee and they are headed for the championship again. He advised Titusville High School did extremely well in wrestling again; and it may be a State Champion.

DISCUSSION, RE: ODYSSEY OF THE MIND REGIONAL TOURNAMENT

Commissioner Carlson stated she had the pleasure of going to her first and her son's first Odyssey of the Mind Regional Tournament this weekend held at the Melbourne Brevard Community College Gymnasium; there were approximately 1,700 children from throughout Brevard County; all of the Districts, including high schools, junior high schools, and elementary schools all placed in the State; and they will be going to Orlando in approximately a month and a half. She advised the Odyssey of the Mind Program is a very interesting one; and explained such Program. She congratulated all the participants as they did a wonderful job; stated she is very proud of all of them; and encouraged everyone to attend the Odyssey of the Mind Tournament.

DISCUSSION, RE: HOUSE BILL 591 RELATING TO DEREGULATION OF STATE CERTIFICATE OF NEED PROCESS FOR HEALTH CARE ENTITIES

Commissioner Voltz stated the Board received a letter from Public Safety Director Jack Parker concerning the issue of ambulance service coming from Brevard County; and the Board needs to request Lobbyist Guy Spearman lobby in Tallahassee against House Bill 591.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to request County Lobbyist Guy Spearman lobby against House Bill 591 relating to deregulation of the State Certificate of Need process for health care entities as the current system works well with County government exercising some level of management over the entire system, and Brevard County request such system be maintained for the future. Motion carried and ordered unanimously.

APPROVAL TO SCHEDULE EXECUTIVE SESSIONS, RE: MAXWELL v. BREVARD COUNTY AND AMERICA WHOLESALE LENDERS, ET AL v. BREVARD COUNTY

County Attorney Scott Knox requested the Board schedule two Executive Sessions for Maxwell v. Brevard County and America Wholesale Lenders, et al v. Brevard County after the March 14, 2000 Board Meeting.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve scheduling Executive Sessions for Maxwell v. Brevard County and America Wholesale Lenders, et al v. Brevard County after the March 14, 2000 Regular Board Meeting. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - TED B. MOORHEAD, FLORIDA INLAND NAVIGATION DISTRICT COMMISSIONER, RE: PRESENTATION OF CHECK FOR MANATEE HAMMOCK PARK PROJECT

Ted B. Moorhead, Florida Inland Navigation District Commissioner, presented a check in the amount of $59,001.63 to Brevard County from the Waterways Assistance Program for the District's share of the Manatee Hammock Pier and Shoreline Stabilization Project which has been completed by the County's Parks and Recreation Department; and advised it adds significantly to the recreational resources of Brevard County.

The Board accepted a check for $59,001.63 from the Florida Inland Navigation District for the Manatee Hammock Park Pier and Shoreline Stabilization Grant Project.

Mr. Moorhead advised he will put on his other hat as Chairman of the Indian River Lagoon Scenic Highway Corridor Advocacy Group; and expressed appreciation to the Board for endorsing the application for designation of the Indian River Lagoon Scenic Highway with a Resolution dated July 27, 1999. He stated the Group has completed the filing of an eligibility application; the Group is requesting the Board agree to a corridor management entity agreement which is required by the Florida Department of Transportation (FDOT) for the ongoing management of the scenic highway corridor; and in agreeing to this agreement, the Board would agree to appoint two representatives to the entity, and approve the stipulated route of the scenic highway corridor through its jurisdiction, the vision which is an ideal view of what the Group would like for the corridor to be 20 years from now, and the preliminary goals and objectives of the scenic highway corridor, as the goals are applicable and appropriate to the County's jurisdiction, which is up to the Board to decide. Mr. Moorhead requested the Board's approval of the agreement and authorization for the Chairman to sign the designation application.

Commissioner O'Brien inquired is the Indian River Lagoon Scenic Highway Corridor Management Plan a separate comprehensive plan from Brevard County's Comprehensive Plan; with Mr. Moorhead responding negatively. Mr. Moorhead stated the Group is requesting the appropriate and applicable parts of the Plan be incorporated into the Comprehensive Plan; it is required by FDOT; there is no specific obligation on the part of the Board; the Corridor Management Entity may be coming back at some point with specific recommendations; and at that point it will be up to the Board whether or not it adopts those recommendations. He advised the Board and Metropolitan Planning Organization (MPO) will continue to have the same authority it has now; and the Group will be coming to the Board and MPO for any recommendations on action items in the future. Commissioner O'Brien inquired what is the Scenic Highway Group; with Mr. Moorhead responding it is basically a communication and coordination organization. Commissioner O'Brien inquired who is going to pay for the Lagoon House. Mr. Moorhead stated the Lagoon House is a project being sponsored by the City of

PERSONAL APPEARANCE - TED B. MOORHEAD, FLORIDA INLAND NAVIGATION DISTRICT COMMISSIONER, RE: PRESENTATION OF CHECK FOR MANATEE HAMMOCK PARK PROJECT

Palm Bay; it is going to be up to such City to find the funding for the Lagoon House; and they are hoping to get a special appropriation sponsored by State Representative Bill Posey and State Senator Patsy Kurth, and funding from the Waterways Assistance Program of FIND and the Federal Scenic By-ways Program.

Commissioner O'Brien stated he is sure it is a wonderful project; however, no one has spoken to him about the specifics of the project, who is paying for what, where the funds are coming from, where they are going to go, and how it is going to affect Brevard County and its taxpayers; he is not positive of the exact changes to the Comprehensive Plan and when the changes stop coming; and the Corridor Management Entity would not be answerable to the Board.

Mr. Moorhead stated the Entity does not have any authority to do anything; it does not have the authority to levy taxes or spend taxpayers money; and it is basically a community organization that is trying to do some things for the Indian River Lagoon.

Commissioner O'Brien expressed concern that FIND collects taxes from Brevard County residents, and the Commission on FIND is not an elected body; the initial creation of FIND was to find and locate the places to put the spoil from dredging projects throughout the Indian and Banana Rivers and other water bodies; and the responsibilities of FIND are being expanded beyond what it was created for. Mr. Moorhead stated the argument Commissioner O'Brien has is with the Legislature as it created the additional responsibilities such as the Waterways Assistance Program; and it is not something FIND initiated. Commissioner O'Brien inquired when was the last time FIND raised the taxes. Mr. Moorhead responded he does not know as it has been rolling them back since he has been on the board; there is a cap at .1 mill; and FIND is considerably below such cap.

Commissioner Carlson stated the Board has shown its support for the Comprehensive Conservation Management Plan (CCMP) in the past deliberations; when it has discussed the Comprehensive Plan, it has talked about trying to incorporate some of those things; and what Mr. Moorhead is attempting to do with the scenic highway is going to be a great asset to Brevard County.

Discussion ensued concerning preliminary goals and objectives, the CCMP, support efforts by jurisdictions to adopt and enforce appropriate signage rules, the Corridor Management Entity, Comprehensive Plan, potential enhancements along the corridor, appropriate infrastructure, and economic development and tourism.

PERSONAL APPEARANCE - TED B. MOORHEAD, FLORIDA INLAND NAVIGATION DISTRICT COMMISSIONER, RE: PRESENTATION OF CHECK FOR MANATEE HAMMOCK PARK PROJECT

Commissioner O'Brien inquired who would pay to provide appropriate directional signage for the corridor and the resources; with Mr. Moorhead responding in some cases it would be FDOT which would provide the signage for the scenic highway corridor. Mr. Moorhead advised funding for other directional signage such as a sign on U.S. 1 pointing to Turkey Creek Sanctuary would be up to the City of Palm Bay and the Corridor Management Entity.

Commissioner Carlson stated designation of the scenic highways, just like the American Heritage River Initiative, can be used to the benefit of Brevard County to bring in State and federal dollars; and the intent is to attract some of those dollars here with that designation, along with other designations the County has had for the Lagoon, St. Johns River, and others.

Mr. Moorhead stated the recognition nationally and internationally of having a scenic highway corridor in the area could be of great value as far as promotion of appropriate tourism and economic development; and the opportunity for the cities and the counties to work together on a mutually beneficial project is another great benefit.

Commissioner O'Brien stated it is a wonderful sounding project at this time; but he has not had the ability or the time to consider the entire depth this project may impact on Brevard County, aside from beautification of Route 1 and various other roads and scenic parts of the County; there may other costs involved; and he becomes concerned about adding things to the Comprehensive Plan as it often leads to additional regulations. He advised he needs additional time to get the broader picture.

Motion by Commissioner O'Brien, to table endorsing the designation of the Indian River Lagoon Scenic Highway with the required elements through Florida Department of Transportation (FDOT), including the Stipulated Route of the Indian River Lagoon Scenic Highway, the Vision of the Indian River Lagoon Scenic Highway, and the Preliminary Goals and Objectives of the Indian River Lagoon Scenic Highway, and execution of the Designation Application. Motion died for lack of a second.

Commissioner Voltz stated any time the County starts getting into adding more things to the Comprehensive Plan, there is the potential for more regulation; she did not support the American Heritage Rivers designation; and if this is a similar designation, she does not support it. She noted she does support beautification, the river and the initiatives for it; but when the County gets into the Comprehensive Plan and those kinds of things, she is not going to support the item.

PERSONAL APPEARANCE - TED B. MOORHEAD, FLORIDA INLAND NAVIGATION DISTRICT COMMISSIONER, RE: PRESENTATION OF CHECK FOR MANATEE HAMMOCK PARK PROJECT

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to endorse the designation of the Indian River Lagoon Scenic Highway with the required elements through Florida Department of Transportation (FDOT), including the Stipulated Route of the Indian River Lagoon Scenic Highway, the Vision of the Indian River Lagoon Scenic Highway, and the Preliminary Goals and Objectives of the Indian River Lagoon Scenic Highway; and authorize execution of the Designation Application.

Commissioner Scarborough stated FIND, with its dredging of the channel, has become an adversary to the greater community; and this is a positive step that should be supported.

Commissioner O'Brien stated he is against voting in favor of taking any action this morning due to lack of information on the item.

Chairman Higgs stated she will support the motion; there is nothing here that obligates the County to expend any funds; any individual projects will come back to the Board; and it would have to have as part of a public hearing any inclusion in the Comprehensive Plan.

Chairman Higgs called for a vote on the motion. Motion carried and ordered; Commissioners O'Brien and Voltz voted nay.

RESOLUTION, RE: FUNDING FOR ARCHIE CARR NATIONAL WILDLIFE REFUGE

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution in support of full funding of $6 million for acquisition of 12 additional acres within the Archie Carr National Wildlife Refuge. Motion carried and ordered unanimously.

Ron Hight, Merritt Island National Wildlife Refuge, stated the Archie Carr National Wildlife Refuge has western hemisphere significance; it is not just a County, State or National issue; it has a great deal to do with the species and its survival; and it has also become a Three-Turtle Species Refuge over the last few years. He advised leatherbacks are nesting there in higher numbers; and they are encouraged by the fact that they are seeing this increase in all three species. He stated there is an international symposium in Orlando on sea turtles this week; approximately 1,000 people are involved in it; and this weekend, approximately 200 people are coming to Archie Carr National Wildlife Refuge to see the good work. Mr. Hight expressed appreciation to Brevard County for the partnership; stated they are very near finishing the acquisition; and with Congressman Dave Weldon's help, there is real chance they can wrap this up in the next couple of years. He stated he came before the Board two years ago with a revenue sharing check; last year the Agency decided to electronically transfer funds, but it is not working; and he will be back in April, 2000 with such a check which will reflect the lands they have acquired.

Chairman Higgs presented the Resolution to Mr. Hight.

RESOLUTION, RE: SUPPORTING PROPOSED SPACE EXPERIMENT RESEARCH AND PROCESSING LABORATORY (SERPL) AT KENNEDY SPACE CENTER, FLORIDA

Commissioner Scarborough stated Brevard County owes a debt of gratitude to Orange County Commission Chairman Mel Martinez who wrote all the adjoining county commissions; Orange County is going to be considering this Resolution today; Volusia County has already acted on it; and the Board needs to make sure it is sent to the other counties.

Jan Hiser, Space Experiment Research and Processing Lab Program Manager, stated SERPL is an activity that is being done jointly with the State; SERPL has asked for money from the State this year; it has done the design for a laboratory that they are asking the State to construct; and it, in turn with NASA, would lease it back. She noted it will be a jointly run facility by NASA and the State universities that will process the space station experiments in the life sciences and biology related areas, and research in areas such as bio-technology and space agriculture; and it will be a good opportunity for the overall community.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution to support NASA and the State of Florida's Partnership to finance, develop and operate the proposed Space Experiment Research and Processing Laboratory (SERPL) at Kennedy Space Center, Florida; and direct that copies of the Resolution be sent to the Delegation, Lobbyist Guy Spearman, and adjoining counties, excluding Orange and Volusia Counties.

Commissioner Voltz stated she would like to take a copy of the Resolution to the Florida Association of Counties and try to get the whole board to approve it. Commissioner O'Brien requested copies of the Resolution be send to Senators Graham and Mack; and advised it is important that all members of the Florida Congressional Delegation receive copies also.

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

CONTRACT MODIFICATION #1 WITH WILLIAM TURNBAUGH CONSTRUCTION, INC., RE: EBER ROAD PEDWAY PROJECT

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Contract Modification #1 with William Turnbaugh Construction, Inc. decreasing contract amount by $5,120.40 for Eber Road Pedway Project; and authorize final payment in the amount of $180,448.60. Motion carried and ordered unanimously.

CONTRACT MODIFICATION #3 WITH RANGER CONSTRUCTION INDUSTRIES, INC., RE: MALABAR ROAD WIDENING PROJECT, PHASE II

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to execute Contract Modification #3 with Ranger Construction Industries, Inc. increasing contract amount by $41,875.70 and increasing time by five days, for Malabar Road Widening Project, Phase II. Motion carried and ordered unanimously.

PERMISSION TO ISSUE WORK ORDERS TO FRAZIER ENGINEERING, INC., RE: FAIRGLEN PEDESTRIAN BRIDGE AND MINTON ROAD WIDENING

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to authorize issuing work orders for Frazier Engineering, Inc. for design services for the Fairglen Pedestrian Bridge at $56,540 and the Minton Road widening between Palm Bay Road and Emerson Road at $59,720. Motion carried and ordered unanimously.

PERMISSION TO SOLICIT PROPOSALS, RE: CONTINUING GEOTECHNICAL SERVICES

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to grant permission to solicit proposals for continuing Geotechnical services; and appoint a Consultant Selection Committee consisting of Ed Washburn, Assistant Public Works Department Director; John Denninghoff, P.E., Construction Management Director; and Charles Burton, Assistant Road and Bridge Director or their designees; and Bruce Auchter, Engineer II; and Devin Swanson, Engineer II. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, APPOINT SELECTION AND NEGOTIATING COMMITTEES, AND AWARD CONTRACT, RE: CONTINUING ROOF CONSULTANT SERVICES

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to grant permission to advertise Request for Proposals; appoint Selection and Negotiating Committees consisting of Sam Stanton, Facilities Construction Director, or his designee; Tim Lawry, Construction Coordinator; and Hugh Muller, Facilities Management Director, or his designee; and authorize execution of a contract with the number one ranked firm for continuing roof consultant services with Facilities Construction. Motion carried and ordered unanimously.

REQUEST FOR REDUCTION OF FINE AND RELEASE OF CODE ENFORCEMENT LIEN, RE: 2460 GRASSMERE DRIVE, WEST MELBOURNE

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to reduce accrued Code Enforcement fine at 2460 Grassmere Drive, West Melbourne for Case #99-0544 to $220; and authorize staff to prepare and execute release and satisfaction of lien upon receipt of payment. Motion carried and ordered unanimously.

REQUEST FOR REDUCTION OF FINE AND RELEASE OF CODE ENFORCEMENT LIEN, RE: 700 S. JOHN RODES BOULEVARD, B7 AND 8, MELBOURNE

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to reduce the accrued Code Enforcement fine at 700 S. John Rodes Boulevard, B7 and 8, Melbourne for Case No. 97-0388 from $5,200 to $2,100; and authorize staff to prepare and execute release and satisfaction of lien upon payment of the fine. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF ORDINANCE NO. 2000-08 FROM CITY OF PALM BAY, RE: ANNEXATION

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to acknowledge receipt of Ordinance No. 2000-08 from the City of Palm Bay regarding voluntary annexation of approximately 1.2 acres of property at the southeast corner of Valkaria Road and Babcock Street into the City. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, SECTION 62-1102, ADDING OR AMENDING DEFINITIONS OF ZONING CODE TERMS

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to authorize advertising public hearing to consider ordinance amending Chapter 62, Section 62-1102, adding or amending definitions of Zoning Code terms. Motion carried and ordered unanimously.

REQUEST FROM TOURIST DEVELOPMENT COUNCIL, RE: AUTHORIZE COUNTY ATTORNEY TO REQUEST AN ATTORNEY GENERAL'S OPINION ON BORROWING BETWEEN TDC ACCOUNTS

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to authorize the County Attorney to request an Attorney General's opinion on the legality of borrowing funds between Tourist Development Council (TDC) accounts to supplement the anticipated shortfall of the Shore Protection Project required local match. Motion carried and ordered unanimously.

APPROVAL OF GRANT APPLICATION, BUDGET CHANGE REQUEST, AND TEMPORARY LOAN FROM GENERAL FUND, AND AUTHORIZE EXECUTION OF GRANT AGREEMENT, RE: STOSBERG PARK IMPROVEMENTS

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve Grant Application with Florida Department of Environmental Protection (FDEP); approve Budget Change Request and temporary loan from the General Fund in the amount of $100,000; and authorize Parks and Recreation Director Charles Nelson to execute the Grant Agreement for development of Stosberg Park. Motion carried and ordered unanimously.

APPROVAL OF TEMPORARY LOAN FROM GENERAL FUND AND BUDGET CHANGE REQUESTS, RE: FAY LAKE WILDERNESS PARK AND PARADISE BEACH PARK

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve a temporary loan from the General Fund and Budget Change Requests in the amount of $234,500 for development of Fay Lake Wilderness Park, and $100,000 for development of Paradise Beach Park. Motion carried and ordered unanimously.

AUTHORIZATION TO PURCHASE, RE: VEHICLES FOR DISTRICTS 3, 4 AND 5

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to authorize purchase of one cargo van and four ?-ton pick up trucks from County Bid #B-1-4-23 for Districts 3, 4 and 5 Parks and Recreation Department resulting in an expenditure of approximately $94,099.86. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING DRAW OF $625,000 FROM TAX EXEMPT COMMERCIAL PAPER PROGRAM FOR EVERGREEN WATERLINE AND FARNSWORTH ROAD MSBU'S

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution of the Board of County Commissioners of Brevard County, Florida, authorizing the borrowing of

RESOLUTION, RE: AUTHORIZING DRAW OF $625,000 FROM TAX EXEMPT COMMERCIAL PAPER PROGRAM FOR EVERGREEN WATERLINE AND FARNSWORTH ROAD MSBU'S

$625,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the terms of the Loan Agreement between the Commission and the County in order to finance certain capital improvements within the County and to refinance a loan previously made to the County; authorizing the execution of a Loan Note or Notes to evidence such borrowing and agreeing to secure such borrowing with a covenant to budget and appropriate legally available non-ad valorem revenues as provided in the Loan Agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; amending the description of project A-9; and providing an effective date. Motion carried and ordered unanimously.

APPROVAL OF REVISED POLICY BCC-24, RE: PURCHASING SERVICES

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve changes to Board Policy BCC-24, Procurement, that will relieve County employees of the burden of having to place airline tickets, training/class registrations, hotel rooms, meals, etc. on their personal credit cards when traveling on behalf of the County. Motion carried and ordered unanimously.

PERMISSION TO EXERCISE SECOND YEAR OPTION WITH SAFETY EQUIPMENT COMPANY, RE: BID #B-5-9-34, PERSONAL PROTECTION EQUIPMENT

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to grant permission to exercise second year option with Safety Equipment Company, Bid #B-5-9-34 for personal protection equipment. Motion carried and ordered unanimously.

TENTATIVE APPROVAL, RE: BUDGET SUPPLEMENT FOR MERRITT ISLAND REDEVELOPMENT AGENCY

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to tentatively approve Budget Supplement to cover expenditures in salary and benefits, operating expenses, and redevelopment projects that began in FY 1998-1999 but were not completed prior to the SAP transition, and construction in the amount of $248,514. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to appoint Barbara Ray, 4030 Adams Lane, Valkaria, Florida 32950 to the Zoning Board of Adjustment replacing Marcie Kinney, with term of appointment expiring December 31, 2000. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve the Bills and Budget Changes. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING DRAINAGE EASEMENT IN SECTION 11, TOWNSHIP 26S., RANGE 36E. - STEVEN L. EBER, TRUSTEE

Chairman Higgs called for the public hearing to consider resolution vacating easement in Section 11, Township 26S., Range 36E., as petitioned by Steven L. Eber, Trustee.

There being no comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution vacating a drainage easement in Section 11, Township 26S., Range 36E., as petitioned by Steven L. Eber, Trustee. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 22, ARTICLE II, SECTIONS 22-101 AND 22-102, ADOPTING 1999 NATIONAL ELECTRICAL CODE

Chairman Higgs called for the public hearing to consider ordinance amending Chapter 22, Article II, Sections 22-101 and 22-102, adopting 1999 National Electrical Code.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Ordinance amending Chapter 22, Article II, Technical Codes, Code of Ordinances of Brevard County, Florida; specifically amending Section 22-101 to adopt the 1999 National Electrical Code; amending Section 22-102 amending existing local provisions; providing for new local provisions; providing severability; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC INTEREST DETERMINATION AND CODE AMENDMENT REQUESTS FROM ED FLEIS, RE: NAVIGATIONAL CHANNEL IN INDIAN LANDING SUBDIVISION

Edward Fleis, Consulting Engineer for Indian Landing Project, stated the developer is Floridron Indian Landing Limited, Inc., and with him are Lynn Sculthorp and Brian Sculthorp, the principles of Floridron. Mr. Fleis stated on December 14, 1999, the applicant came before the Board and presented a proposal to address what the St. Johns River Water Management District is defining as excessive impacts to seagrasses; the applicant proposed to remove the mosquito control dike that is located on the property and excavate a channel from an existing deep channel west of the property, direct boats through the channel, and have it exit and enter the river at a deep channel located south of the property through a marked access way. He advised the direction of the Board at that meeting was to evaluate other alternatives; Floridron had a number of meetings; it appreciates Commissioner Higgs arranging four meetings with the staff of Brevard County and the St. Johns River Water Management District to discuss a number of different issues, and to explore mitigation for the initial proposed project of the marked navigational channel; and they discussed other alternatives and issues with the Comprehensive Plan and Ordinances. Mr. Fleis stated they have tried to identify mitigation projects that would compensate or offset the impacts to either seagrasses or other wetland or shoreline impacts; the proposal before the Board today is a revised project designed to avoid impact to the seagrasses; it is an alteration within the shoreline buffer; it provides for a navigational route to and from the Babe Cushman Canal through the Kel Fox Canal to the river; and it avoids and minimizes the impacts to seagrasses. He provided a photograph of the site marked to delineate the work that is proposed; and stated they have put this together to supplement the materials and information provided with the application. He stated he provided with Ordinance No. 91-37 a definition of "best public interest" which is in the Ordinance, "overriding public benefits" and "mitigation." He noted "best public interest" is defined only as public projects; and "best public interest" only shows up in the ordinance. He stated the Comprehensive Plan calls it "public interest"; the definition of "overriding public benefits" is the result of a development action by a private property owner who substantially preserves, restores or enhances those natural functions which define areas of critical concern, environmentally sensitive areas, shorelines or water bodies identified by the Brevard County Comprehensive Plan, the Office of Natural Resources Management or State or Federal Agencies; and an "overriding public benefit" shall include, but not be limited to, proposals which preserve, restore, or enhance floodplain, wetland, shoreline or prime aquifer recharge functions, and provide for the dedication of associated lands to Brevard County or other acceptable public entity or agency.

Mr. Fleis stated the environmental impacts within the shoreline buffer area are the removal of mangroves which are along the shoreline and the vegetation from approximately 600 feet of previous disturbed shoreline, excavation of a 30-foot wide channel at the mean water line and landward, excavation or filling of a planting area between the channel and the proposed rock revetment, and installation of a rock revetment. He noted relative to the public interest test, the proposed project substantially preserves the natural functions within areas of critical concern by directing the boats through the new channel; the area of potential impacts of seagrasses is reduced from 1 acre down to 0.19 acre; and they preserve seagrasses and habitat for marine

PUBLIC INTEREST DETERMINATION AND CODE AMENDMENT REQUESTS FROM ED FLEIS, RE: NAVIGATIONAL CHANNEL IN INDIAN LANDING SUBDIVISION

life by avoidance. He stated concerning restoring the function of mosquito control activities, the applicant will be replacing an eroded berm and a silted-in ditch by constructing a new berm in the wetlands landward of the shoreline protection system; the new ditch will also be excavated to .-5 which is consistent with the specifications for the mosquito control to provide for water circulation; and they will be restoring the hydrologic connection between the river and wetlands, and installing two 36-inch culverts with control gates to provide for the inter-tidal flow during non-mosquito season. He noted the wetland is restored as a fish nursery; the biological rich wetland area becomes a food source for river ecosystem; it has been promoted by the SWIM Program; the applicant will be dedicating ingress/egress easements; and they will be restoring the wetlands and preserving them by placing a conservation easement over the entire wetlands. Mr. Fleis stated the channel provides access to the Babe Cushman Canal for the public; presently boats come through the area of seagrass meadow; it will be marked and signed, and is approved by the Coast Guard; and it will direct all boats away from the seagrass beds. He noted there will be boater safety provided through a deeper access; the applicant is moving the boat access from the site for upland owners; the reduction of boat traffic provides additional protection for seagrasses and manatees; and they are requesting an ordinance that would allow an idle speed zone in the area, which is also to protect the manatees and seagrasses. He advised there are a number of things the applicant is doing on the project concerning improvements to water quality; the shoreline protection of the Babe Cushman Canal and the river shoreline are protected with the vegetated rock revetment; they are preserving existing mangroves, but where there are not mangroves, they will be planted along the canals or the river; and they will provide additional protection for erosion and habitat for animals, birds and marine life. He advised the shoreline protection system will eliminate the loss of shoreline that has been measured up to 12 feet within a four-year period; conservation easements on the shoreline will be placed over the mangroves and shoreline protection system; and although it will allow for the trimming of mangroves, it will only be done through the homeowners association.

Mr. Fleis stated the project is all served with water and sewer from the South Shores Utility System; it does not have septic tanks; it also provides for the elimination of five septic tanks that were planned for the Villas at Sunset Point site; and the applicant is providing for additional treatment of stormwater and has included the maintenance dredging of the canals. He stated on all boat docks they will be requiring boat lifts to be installed which provides for water quality protection; and they have put together a comprehensive mitigation program. Mr. Fleis stated the applicant is purchasing 6.74 acres in the Hog Point impoundment; it was a parcel identified by Mosquito Control as a key parcel; it was privately owned and did not have any flooding rights on it; and it will be enhanced. He noted they are also providing for private easements over the river access for the Homeowners Association of Stonehedge and Belle Vista; they are interested in buying the parcel for access to the river for fishing piers; and the property will then be deeded to Brevard County. He stated the applicant has selected two projects for mitigation; both of them have been discussed and are acceptable to the St. Johns River Water Management District; one is the shoreline enhancement program at Spessard Holland Golf Course; and they have planted mangroves along 1,500 feet of shoreline. He noted to assure the growth of mangroves and provide for shoreline habitat, there will be a rock revetment placed in the river for wave attenuation; another selected project is to contribute to the proposed stormwater treatment improvements to water quality in the James Street area and Melbourne/Palm Bay; and they will contribute $50,000 as cost sharing for the proposed improvements. Mr. Fleis advised the applicant has addressed the issues of avoidance, impacts, public interest, and overriding public benefits and mitigation; the initial project was approved by all the agencies except St. Johns River Water Management District; through discussions at meetings, the revised project is approvable by all the agencies, including the Management District; and requested the Board concur that there are overwhelming public benefits and that it is in the public interest. Mr. Fleis requested the Board's approval of the project; and explained the attached Exhibits.

Brian Sculthorp, representing Floridron, Inc., stated when he and his father purchased the Indian Landing property, there was a vested development plan for 168 units with an on-site package facility for water and sewer; an amendment to the plan was approved by the Board on May 19, 1998 which reduced the density to 154 residential units, with water and sewer being provided from the existing facilities at South Shores instead of having a duplication of water and sewer plants next door; and on October 3, 1998, they submitted the environmental resource permit application to St. Johns River Water Management District. He advised on July 6, 1999, the final engineering and preliminary plat were approved by the Board; such approval included a shoreline stabilization plan for the river and banks of the Babe Cushman Canal; during the Management District's review process, protection of seagrass beds in the Lagoon was identified as a major consideration; and after several meetings with the District's staff, it became clear that the District wanted them to explore alternative designs which would minimize the impact to seagrass beds. Mr. Sculthorp advised over the past 18 months, they have been striving for a solution which satisfies all of the jurisdictional agencies; it has been a long, hard road and the journey has been an expensive one, with almost two years of holding costs, consulting fees, and mitigation costs; and the plan before the Board appears to be approvable by all the agencies involved. He stated they have demonstrated the plan to be in the public interest with overriding public benefits; as developers, they are stewards of the Indian Landing property and are committed to safeguarding the long-term health of the Indian River Lagoon; they believe the proposal to be the best solution; and requested the Board's support of the project.

PUBLIC INTEREST DETERMINATION AND CODE AMENDMENT REQUESTS FROM ED FLEIS, RE: NAVIGATIONAL CHANNEL IN INDIAN LANDING SUBDIVISION

Chairman Higgs stated she cannot say enough about the efforts of the developers to come up with options that might be approvable; they have been cooperative and have tried to mitigate what the Management District has had concerns about and also come up with something that can be approved; she has reviewed the Comprehensive Plan policies and keeps coming up against things that she does not know how to get around; and she understands the mitigation and so many aspects of the public interest being served by what they are doing, but she keeps running into prohibitions for what they are asking to do. She stated the mitigation projects they are suggesting are attractive and in the public interest; the perpetual conservation easements are significant; but the Comprehensive Plan says "Shoreline alteration in Class II waters, other than those allowed for reasonable access, shall be prohibited, and dredging and filling shall not be permitted, unless the activity is clearly in the public interest, such as approved maintenance dredging on existing public navigational channels." Chairman Higgs stated Policy 3.8 says "New man-made canals connected to the Indian River Lagoon system are not permitted"; the applicant believes this is not a canal, but a channel; and there is some evidence to support that. She stated she keeps running up against these provisions, and prohibitions in the Surface Water Protection Ordinance; and she has tried to come up with ways this might work. She stated the essence of the Ordinance is asking the County not to allow alterations within the Shoreline Protection Buffer; it goes into the same prohibition on dredging and filling in the Comprehensive Plan; and when she puts them together, she finds it impossible to support the suggested project, in spite of what she thinks are some real public interest issues that are served by this.

Commissioner O'Brien advised he can support the proposed project as it is a good one; it benefits the public and the dredging aspect of it cleans up the water; the clear water benefits the manatee; and it has been proven by the dredging projects taking place on Merritt Island. He stated the applicant has met every aspect that the County can possibly put in front of someone who wants to do something; they have gone overboard with the mitigation alone; they have bent over backwards to comply with the regulations and layers of government to accomplish the task; and they have been able to demonstrate that. He advised Brevard County benefits through the mosquito control dike and its reconstruction; and it is property in the mitigation area that the County wants and needs.

Commissioner Voltz concurred with Commissioner O'Brien's comments; stated the more the County puts in the Comprehensive Plan, the more it can use the Plan to prevent development and prevent people from doing positive things in the community; such Plan was not meant to be an elastic and punitive document; and it should be dynamic, and the Board should be able to change things. She advised the applicant is making significant, positive things in the area of the Lagoon; it is not just good for their project, but it is good for Brevard County, the water, manatees, and seagrasses; and if the Board wants to protect those things like it says, then it needs to support the project.

PUBLIC INTEREST DETERMINATION AND CODE AMENDMENT REQUESTS FROM ED FLEIS, RE: NAVIGATIONAL CHANNEL IN INDIAN LANDING SUBDIVISION

Commissioner Scarborough inquired where does Chairman Higgs find the project inadequate or falling short at this time. Chairman Higgs responded the precedent of allowing major dredge and fill projects in the shoreline protection buffer and allowing a new navigational canal is prohibitant and a dangerous precedent; and that is what concerns her. Commissioner Scarborough inquired if the Board was looking at the Comprehensive Plan and making a change in the Plan today, would Chairman Higgs prohibit the project based upon scientific data. Chairman Higgs responded she would prohibit new channels, new canals, and disturbing the shoreline protection buffer; the applicant would also argue that the Babe Cushman and Kel Fox Canals were previously disturbed areas; she can argue a number of points of the project being good; the mosquito control impoundment is clearly altered land; and it also has some good existing vegetation on it.

Commissioner Carlson inquired has there ever been any submission of amendment to the Comprehensive Plan for purposes of some flexibility. Mr. Fleis responded it would be difficult, but he is not sure they are in conflict with the Comprehensive Plan; he believes there is a problem with the definition within the Ordinance; the Ordinance defines a canal as a channel; and it becomes apparent how the regulatory agencies look at a canal versus a channel. He stated in the Florida Aquatic Preserves, the definition of a channel means "a trench, the bottom of which is normally covered entirely by water, with the upper edges of its sides normally below water"; what they are proposing is excavation along the shoreline, and the waterward side will have water as it will be done to the mean water line; on the easterly side, they have also provided for a berm, which is at a slope such that the edge of the water is approximately five feet into the berm; and by definition, it would be called a channel rather than a canal. He advised a canal would typically be an upland cut; the Zoning Ordinance Code states "Canal means a man-made or artificially improved natural waterway at least 80 feet in width which may be used for navigation or drainage"; channels are within a water body; channel is used a lot of different ways; and by a true definition, this is a channel connecting water to water with water on both sides.

Commissioner Scarborough stated to have a best interest it should be a public project, and this is not a public project. Mr. Fleis advised when Ordinance No. 91-37 was adopted, the Board held public hearings on June 10 and 26, 1991, and November 25 and December 9, 1991, accepted public comments, recommended revisions, and found the Ordinance to be consistent with the 1988 Brevard County Comprehensive Plan, as amended; there is no such thing as best public interest in the Comprehensive Plan; the best public interest came into the Ordinance; and the Shoreline Protection Ordinance deals with private property. He stated the Class I, Class II, and Class III Waters basically talks about private properties; it indicates the alterations have to be in the best public interest; that has to be a public project; there is an inconsistency; and then it refers to the overriding public benefits. Mr. Fleis advised when the Ordinance was adopted, it was not consistent with all the language in the Comprehensive Plan.

PUBLIC INTEREST DETERMINATION AND CODE AMENDMENT REQUESTS FROM ED FLEIS, RE: NAVIGATIONAL CHANNEL IN INDIAN LANDING SUBDIVISION

Commissioner Scarborough inquired if there is something ambiguous in an Ordinance, would the County have to interpret it so it would be in conformity with the Comprehensive Plan.

County Attorney Scott Knox advised the Comprehensive Plan controls over the implementing ordinances, so however the Board interprets the Ordinance, it has to be consistent with the Comprehensive Plan.

Commissioner Voltz stated protecting the seagrasses is clearly in the best interest of the public; the project is going to protect the seagrasses so they are not destroyed; and it is a tremendous public benefit, including improvement to the shoreline.

Commissioner Carlson stated she has a couple of problems in supporting the project, including not looking at the Comprehensive Plan; there are a lot of issues the County has been in trouble with because it has not abided by the Comprehensive Plan; such Plan has had such scrutiny over the years, yet some of the things in it could have been applied and were not; and the County finds itself in difficult situations on a pretty continuous basis. She noted the other issue is private versus public; the applicant has used some extreme measures to make a difference in the public eye for that public interest; but she is still concerned about Class II waters and the impact of additional boats out there; and her question is additional trips on the water and who is really going to use the channel and who is not.

Discussion ensued concerning vested rights and vested subdivision plan, riparian frontage on the property, removal of proposed onsite water and sewer plants, reduction in density, and changes to the Comprehensive Plan.

Commissioner O'Brien stated he would like to make a motion for approval; and inquired about the proper verbiage for the motion.

Chairman Higgs stated the County is finding it is a previously disturbed area; the most significant resource to be protected is the seagrass beds, which is what the St. Johns River Water Management District has said; it is a channel and not a canal; the restoration of the shoreline protection buffer and the conservation easement are part of that, as well as a significant mitigation plan; and Commissioner O'Brien could use that as his findings. She noted she still finds that the prohibitions are in the Comprehensive Plan and the Code; but if Commissioner O'Brien is going to go that route, those things are significant characteristics.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to determine the proposed navigational channel project in Indian Landing Subdivision, presented by Ed Fleis, to be in the public interest based on the property being previously disturbed, benefits to sea grasses, reestablishment of the shoreline protection buffer, mitigation and improved mosquito control; and grant permission to advertise a public hearing to amend Article II, Boats and Water Safety, Section 122-29 of the Brevard County Code to include the channel as a slow speed minimum wake zone.

Commissioner Scarborough stated he is not going to vote contrary to the Comprehensive Plan or Ordinances; however, laws and rules are ambiguous, subject to interpretation, and in conflict with other laws and rules; and they need to be viewed as a whole and what makes sense. He noted the Comprehensive Plan rules over the Ordinances, and State law rules over the County; there are certain ways in which to analyze things; there should have been a belief that the Board wanted to accomplish some overall good purpose; and it should be based upon some scientific data that the County would accomplish an overall good at the end. He stated it should never be absent from the concept; and his support for this project is based upon the fact that the County can say it can move forward with this with a reasonable interpretation and not open Pandora's Box by the limitations mentioned by Chairman Higgs; and under those circumstances, he can vote for the motion.

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

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

STAFF REPORT, RE: ANIMAL REGULATIONS

County Planner Robin Sobrino stated staff has prepared a report concerning animals which distinguishes between the different roles of the various agencies that have authority over animals, and addresses some areas that may be perceived as oversights in the Zoning Code; the subject of animals is a rather complex issue, primarily because there are three agencies that have authority over regulating animals, including the Planning and Zoning Office, Animal Services and Enforcement Department, and U. S. Fish and Wildlife Conservation Commission; and the State's regulations cannot be modified by local jurisdictions, but the State regulations are not intended to pre-empt any zoning requirements that are established by local laws. She explained the report which includes six areas the Board may wish to address concerning animals, including to remedy inconsistencies between the State regulations and the County's regulations, establish maximums for pets on property, define and regulate exotic animals, regulate wild animals and poisonous reptiles, develop performance standards, and enforcement.

STAFF REPORT, RE: ANIMAL REGULATIONS

Ms. Sobrino stated Zoning Code issues are addressed by the Zoning Code Enforcement staff and animal issues are addressed by Animal Services and Enforcement; the Zoning staff would continue to look at things from a zoning standpoint, including setbacks and numbers of animals; and Animal Services and Enforcement would take care of the animal enforcement type issues.

Pat Chauvin stated she is a licensed USDA person and licensed by the State for owning these types of animals; she was shocked that the County would want to reinvent the wheel; regulating exotic animals comes under the USDA, Department of Interior; the State has good performance standards; and for certain types of species, one must have 1,000 hours of experience with those kinds of animals before they can own them. She noted she does not see anyone on Animal Control who has 1,000 hours of experience in handling each species of these wild animals; County staff needs to meet with people who have these animals; and suggested a committee and a plan be established when evacuations take place and the animals need to be taken care of. Ms. Chauvin stated some children can be a menace also, just like wild animals, if they are not controlled; the animals are getting more endangered and need a place in this world to stay; and everyone needs to communicate.

Susan Canada stated there are several plans for evacuating wildlife and exotics; there are facilities willing to take any exotics or wildlife; and she will give the information to Ms. Chauvin. She noted the County needs to remedy the inconsistencies with State regulations; and on establishing maximum number of animals permitted as pets, many people do not plan on having pets, but sometimes strays wander in. She stated there is nothing within the section covering rescue groups or foster care for a lot of the pets; Brevard County needs to have more aggressive spay/neuter programs; it should help cut down on the number of pets; and it should consider the care of these animals and not the number. She advised the U.S. Fish and Wildlife Conservation Commission defines and regulates exotic animals, wild animals and poisonous reptiles; it is specific in cage sizes and safety standards; and it does inspections. She stated she agrees with enforcement of animal violations, but what is already intact should be grandfathered in for those who already have their pets, farm animals and exotics, as people grow attached to their pets.

Linda Johnston, representing True Companion Aviary, stated she has read the staff report and past minutes on the issue; it is true that there are inconsistencies in some of the current Ordinances that need to be addressed; some of the inconsistencies have left County staff with a lot of latitude for interpretation; and while the Board is addressing the animal issues, it needs to consider the inconsistencies. She noted for the purposes of zoning in Brevard County, exotic birds are pets; but for the breeding of exotic birds, the owners are considered foul or poultry farmers; she is restricted to agriculturally zoned property for her pursuits; and that is where she belongs. She noted for the purposes of the County Noise Ordinance, her birds are considered exotic birds, not farm animals; it states that exotic birds are exempt from being declared a nuisance only on AU zoned property when it abuts other AU zoned property; furthermore, the State of Florida Department of Agriculture recognizes the breeding of exotic animals as an agricultural pursuit; and breeders of exotic animals are modern day farmers. Ms. Johnston advised currently in the County Ordinances there are not setback requirements for the raising of any type of fowl or poultry on AU zoned property; the only mention of a setback requirement for any species of birds is in the Noise Ordinance which says that exotic birds on AU property that abuts non-AU property of a residential character are required to have a 50-foot setback; before she built any shelters on her property in 1992, she was told by County staff there were no setbacks for the housing of birds on AU zoned property; in 1999, she was told by staff that anything that provides shelter for an animal is considered a barn or a stall and is subject to a 50-foot setback on AU zoned property, except a dog house; and one wire cage with a small roof attached to it is considered a barn or a stall. She stated it is County staff's interpretation; and these are problems they are having to deal with.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve remedying inconsistencies with State regulations. Motion carried and ordered unanimously.

Commissioner Scarborough stated individuals are limited to a maximum of four dogs, but cats are unlimited; and he does not know if unlimited number of cats is where Brevard County wants to be. Chairman Higgs stated the Board could tell staff to go forward with the second issue as it recognizes there are limits that should be appropriately designated in the zoning.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve looking at maximum number of animals permitted as pets and the appropriateness of the designations in the zoning. Motion carried and ordered unanimously.

Commissioner Voltz inquired if defining and regulating exotic animals is a State issue as it provides the licenses.

Animal Services and Enforcement Director Joe Ward advised this issue has to do more with the County's regulations, which are concerned with public safety and public health; and the State is concerned with how the animals are maintained and conditions under which they are maintained.

Commissioner O'Brien stated one of the problems the Board is facing is with birds and the raucous noise; the noise pollution goes beyond the property lines and affects other people; and the Board needs to look at a much broader picture this morning than just stray dogs and cats.

STAFF REPORT, RE: ANIMAL REGULATIONS

Commissioner Scarborough stated this has to be viewed from different perspectives; and the County needs to look at what it has as the neighbor's pet. Chairman Higgs stated she has listened to the people who have lived next door to exotic animals; they are very concerned about the presence of tigers on ?-acre lots, regardless of the cage, the wells, waste, and safety of their children; there are places in the community where the County can safely accommodate those kinds of animals; and it needs to come up with ways to appropriately regulate.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to approve defining and regulating exotic animals.

Commissioner Scarborough amended the motion to include working with the community. Commissioner Carlson accepted the amendment to the motion, and Commissioner Voltz seconded the amendment.

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

Commissioner Carlson stated there are wild animals and poisonous reptiles in all classifications with exclusion on parks and pet shops; and the County should have a Conditional Use Permit (CUP) in any zoning classification with specific performance issues addressed.

Commissioner O'Brien stated the County needs to review whether or not it wants to regulate the noise and smell in this particular section. Commissioner Scarborough stated the County has said it would continue as an agricultural community as well; there are similarities between an exotic and a domestic animal with regard to feces, urine and certain noises; it can go to the point that it is basically urbanizing the County in one sweep where there are no large animals allowed; and it wants to make sure as it moves from a horse to a tiger that additional protection is afforded. He stated as long as the County moves it into the agricultural area, it probably has eliminated the need to examine some of the issues as far as the pollution and noise.

Chairman Higgs stated the County may have to look at it also in terms of a specific animal, even within the AU; she does not believe anyone wants to regulate cows mooing; but the County recognizes that AU is expanding cows and horses; and it is going to have to look at some of those things.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve regulating wild animals and poisonous reptiles. Motion carried and ordered unanimously.

STAFF REPORT, RE: ANIMAL REGULATIONS

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve developing performance standards as an alternative to animal-specific regulations for pets and exotic animals, but not farm animals; and direct staff to develop specific standards and present proposed Code amendments to the Board for consideration. Motion carried and ordered unanimously.

Commissioner Voltz stated Option 6 says the Board may want to consider vesting enforcement of all animal-related regulations with Animal Services and Enforcement Department; the Department does not have any money now; and giving them that much power is a bit much at this point.

Ms. Sobrino stated staff has discussed Option 6; and the consensus was to divide the responsibilities in a fashion that those that are strictly zoning-related issues and can be handled by zoning-related Code enforcement should stay with the zoning side; but all other animal regulation enforcements would go with Animal Services.

Chairman Higgs stated the Board will take no action on Option 6 and leave it the way it is currently.

STAFF REPORT, RE: PROCEDURE FOR REVIEW OF OCCUPATIONAL LICENSES

Commissioner Voltz inquired currently if someone is opening up a new business in a new building, do they have to do a site plan to receive a building permit; with Code Compliance Director Billy Osborne responding affirmatively. Commissioner Voltz stated the individuals are still going to have to do a site plan as they are going to open up a business, whether the building is brand new or new to them. County Manager Tom Jenkins responded they do not do a site plan currently for an existing building. Commissioner Voltz inquired what do the cities do; with County Development Engineer Bruce Moia responding if there is a change of use for the existing use, individuals are required to go through a change of use review.

Chairman Higgs stated Option 1 includes zoning, fire protection, onsite sewage, parking, and signage. Commissioner Carlson stated the resolution of Code violations would be one way of collecting if the establishment is under violation.

Commissioner Carlson inquired did the County recently receive a grant for one-stop permitting online; with Mr. Osborne responding yes, and it is being implemented through the Building Department. Commissioner Carlson inquired is there any way to possibly use that as a guide to do something here, including one-stop for businesses that want to do this; with Mr. Osborne responding staff can look into it.

STAFF REPORT, RE: PROCEDURE FOR REVIEW OF OCCUPATIONAL LICENSES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve Option 1, structures which undergo a change of use may be reviewed for one or more regulations, such as zoning use, fire protection, parking on-site, sewage or outstanding Code violations. Motion carried and ordered unanimously.

RESOLUTION, RE: CONSIDERING TAX ABATEMENT APPLICATION OF MID-FLORIDA STEEL CORPORATION

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution qualifying Mid-Florida Steel Corporation as an eligible business under the County's Tax Abatement Program; and authorize a public hearing to consider an exemption ordinance. Motion carried and ordered; Commissioners Higgs and Carlson voted nay.

RESOLUTION, RE: CONSIDERING TAX ABATEMENT APPLICATION AND RESOLUTION TO QUALIFY AS A QUALIFIED TARGET INDUSTRY - PARAVANT COMPUTER SYSTEMS, INC.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution to consider tax abatement application for Paravant Computer Systems, Inc.; and adopt Resolution to qualify the Company as an eligible business under the County's Tax Abatement Program and authorize a public hearing to consider adopting an exemption ordinance. Motion carried and ordered; Commissioner Higgs voted nay.

FINAL ENGINEERING APPROVAL, RE: SAWGRASS SUBDIVISION, PHASE 2

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to grant final engineering approval for Sawgrass Subdivision, Phase 2, subject to minor engineering changes as applicable. Board approval for the project does not relieve the developer from obtaining all other necessary jurisdictional permits. Motion carried and ordered unanimously.

ECONOMIC IMPACT, RE: COURTHOUSE ON BABCOCK STREET AREA

Chairman Higgs stated she does not support spending this money for this cause at this time; and the real question she has is what the County should do with the judicial system, not the economic impact. Commissioner Voltz stated she concurs with Chairman Higgs' comments.

ECONOMIC IMPACT, RE: COURTHOUSE ON BABCOCK STREET AREA

The Board took no action concerning the economic impact of placing the courthouse on Babcock Street.

AMENDMENT TO AGREEMENT WITH INTERNATIONAL GOLF MAINTENANCE, INC., RE: RENOVATIONS TO SPESSARD HOLLAND GOLF COURSE

Jack Greene stated the same options that are being offered to Spessard Holland Golf Course players should be offered to all players at the three County courses; there should be fairness and no discrimination; special and unequal treatment of a select group is discrimination; and nothing the County says or uses for a cause is justification for it. He noted there is no justification to pay the Spessard Holland Golf Course golfers to play the other County courses because paying them $5.00 per round, plus reduced rates for guests is what it will be doing if this discriminatory policy is allowed by the Board to become active; it will be giving special incentives to play at one of the three courses they are already entitled to play at reduced rates; and the only proper way to handle this is to play by the established rules. He stated green fee discount cards entitle someone to an established rate and no discount for guests; and if they want discounted rates, they can buy a card like he had to.

Alan Lee stated he supports the previous speaker's comments; he is an annual card holder for the three County golf courses; he purchased his annual card at the Habitat Golf Course; and he is present to protest the memorandum sent to annual and discount card holders who purchased their cards at Spessard Holland Golf Course relating to concessions to be made while the Golf Course is undergoing improvements. He noted he wrote a letter to Chairman Higgs, with copies to each Commissioner and Parks and Recreation Director Chuck Nelson outlining his objections; he is not sure anyone expected to receive any preferential treatment during the closure of Spessard Holland Golf Course; but it is discriminatory to favor a section of annual card holders who purchased their cards at Spessard Holland Golf Course above those who purchased their cards elsewhere; and urged the Board to reject the memorandum from Mr. Nelson and replace it, if necessary, with the recommendations of the Advisory Board and arrangements that are fair and equitable to all County card holders.

Armand Copacino stated if the Board adopts the $7.00 fee as recommended by the Advisory Board, it would be unfair to Spessard Holland Golf Course as the current fee at the Habitat and Savannahs is $11.00; he wrote a letter to the Board on November 23, 1999 endorsing the renovation of Spessard Holland Golf Course; such letter was signed by the President of the Ladies League, President of the Men's League, President of the Melbourne Beach Golf Association, and himself as the Chairman of the Ad Hoc Committee; and they represent approximately 300 golfers. Mr. Copacino stated Spessard Holland Golf Course has remained profitable and continues to do so due to the loyalty of the core group of players at the Course; and recommended the Board approve the amendments to the original Agreement the Advisory Board has approved.

AMENDMENT TO AGREEMENT WITH INTERNATIONAL GOLF MAINTENANCE, INC., RE: RENOVATIONS TO SPESSARD HOLLAND GOLF COURSE

*County Attorney Scott Knox's absence was noted at this time and Assistant County Attorney Eden Bentley's presence was noted.

Marty Brown stated Spessard Holland Golf Course has been a big draw to tourists coming to Brevard County for the winter; there are many six-month residents who come to Brevard County and Melbourne Beach; they enjoy playing at Spessard Holland Golf Course; it is important to keep the Golf Course up to par; and right now it is in bad shape. She noted to postpone renovations for another year is hard to take; it will be more expense if the County waits; Spessard Holland Golf Course has a higher percentage of annual card holders, as well as discount card holders, than the other two courses; and the League play is higher, always numbering 50 players or more in the summer, and much higher in the winter. Ms. Brown stated the players at Spessard Holland realize the need for renovations and are more than willing to give up the golf course this summer so this can be done; the Ad Hoc Committee has succeeded in the last five months in obtaining approval from most of the golfers to accept the restoration of Spessard Holland and to affect a smooth transition; the Committee is trying its best to give the golfers an incentive to go to Habitat and Savannahs Golf Courses rather than Aquarina or Sandridge; and if the County does not give them a discount, it is liable to lose the golfers for the summer.

Kenneth Jahelka stated Brevard County's Contractor, IGM, is working hard to keep Spessard Holland Golf Course playable; unfortunately, with the condition of the grass and the sprinkling system, it is a losing battle; gradually each year the Golf Course gets more and more ragged; and it is time to act and do the renovations now. He noted the Parks and Recreation staff has developed an excellent plan to rebuild the Golf Course and take care of the golfers who are currently using such Course; and requested the renovations be done this year.

Parks and Recreation Director Chuck Nelson stated staff is requesting the approvals it needs to do the renovation of the Golf Course; and it has been before the Board before to borrow the money to be paid by the Golf Course. He noted knowing there had been some concern about the incentives staff wanted to impose for the golfers being displaced, it wanted to bring the issue before the Board; the attachment relates to the rates; staff tried to gauge the market to put together a marketing plan that meets the needs for the golf courses to try to make them as profitable as possible; and this is one of those steps. Mr. Nelson stated in the meeting where it was said that he indicated all the golf courses should be treated the same, it was in reference to a meeting with the Savannahs Golf Association; for the three years previous to that meeting, the fees at the Savannahs had been at a discounted rate when the Golf Course was improving; and the Savannahs had reached a stage where it was at the same condition as the other golf courses and should be treated the same as the others. Mr. Nelson noted it was not in light of any closure or any other issues; and it was the fact that the golf courses had reached the same level of conditioning and warranted the same levels of consideration. He stated in regard to the issue about the rate that was suggested, cart rates is the realty of the big issue; the Advisory Board voted to have a reduced cart rate for all golfers; unfortunately, there was no fiscal impact done at that time to say whether it was a good idea or not; and when staff did the analysis, it did not make sense as the County was going to lose $10,000 to $15,000 on top of what it already projected losing by implementing that rate. He advised staff is not suggesting it would be an appropriate rate. Mr. Nelson stated there was a question about whether or not the agenda item was posted; and it was placed at each of the golf courses. He stated as far as how staff came up with the decision on what the rate should be; all three golf courses are not the same; Spessard Holland Golf Course is a par 67 versus a par 72; yet they pay the same rate on an annual basis; and golfers at The Savannahs and Habitat Golf Courses have free range balls. He noted Spessard Holland does not have that as it has a small driving range; and any golfer who plays twice a week is going to have an advantage over a golfer from Spessard Holland Golf Course of almost $250 on an annual basis. Mr. Nelson stated the County does not want to lose the Spessard Holland golfers; if it goes with a straight closure and refund, it will refund approximately $68,000 to the Spessard Holland annual card holders; and it would prefer that the golfers continue to play golf at one of the County golf courses during that period of time. He noted it is preferable to get the $4.00 and $4.50 for the carts as opposed to refunding nearly $60,000; it is a cost benefit-driven issue; staff does not believe it has damaged the interest of Habitat or Savannahs golfers by doing this; and it has tried to minimize the impact to its own golf courses and the golf course operations. He noted staff recognizes there are going to be times, based on the needs to do repairs, that there will be different levels at different times as demonstrated with the rate structure over time at The Savannahs; staff has recommended this rate structure; and from a golf business perspective, it is a fair and equitable circumstance, considering the difficult situation of the closure of a golf course played by a large number of people.

Chairman Higgs passed the gavel to Vice Chairman O'Brien.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute Amendment to Agreement with International Golf Maintenance, Inc. for renovations to Spessard Holland Golf Course in the amount of $845,526; approve the use of equipment services from Golf Shapers, Inc.; and authorize the Chairman to sign necessary documents.

Commissioner Voltz inquired what is the price for a round of golf at Aquarina Golf Course or one of the other golf courses in that area; with Golf Operations Director Gene Burgess responding he does not have the exact figures, but the Aquarina Golf Course is slightly higher than Spessard Holland Golf Course and slightly under Habitat Golf Course.

AMENDMENT TO AGREEMENT WITH INTERNATIONAL GOLF MAINTENANCE, INC., RE: RENOVATIONS TO SPESSARD HOLLAND GOLF COURSE

Vice Chairman O'Brien called for a vote on the motion. Motion carried and ordered unanimously.

Vice Chairman O'Brien passed the gavel to Chairman Higgs.

Chairman Higgs stated this is an important business decision for the golf courses, and she appreciates the Board's support as it is a good deal.

RENEWAL OF LEASE AGREEMENT WITH RHETA AND MAURICE CAMPBELL, RE: RENTAL SPACE FOR LOCAL COUNTY HEALTH FACILITY/COMMUNITY HEALTH OFFICE

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Renewal Lease Agreement with Rheta and Maurice Campbell for property at 878 S. U.S. 1, Rockledge, Florida, to be used as case management, counseling and other non-clinical services for the Local County Health Facility/Community Health Offices from March 1, 2000 through February 28, 2002. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, APPOINT SELECTION AND NEGOTIATING COMMITTEES, AND AWARD CONTRACTS, RE: CONTINUING CONSULTANT SERVICES

Chairman Higgs stated she supports the item and thought it would be appropriate to include Public Works Director Henry Minneboo, and Richard Rabon or his designee on the Selection Committee.

Chairman Higgs passed the gavel to Vice Chairman O'Brien.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to grant permission to advertise Request for Proposals and establish Selection and Negotiating Committees for continuing consultant services for architectural/engineering, mechanical/electrical/plumbing, and structural/civil engineering services; authorize the Chairman to execute all associated contracts for continuing consultant services with Facilities Construction; appoint Sam Stanton or his designee, Carl Tucker, Hugh Muller or his designee, Richard Rabon or his designee, and Henry Minneboo to the Selection Committee; and appoint Samuel Stanton or his designee, Carl Tucker, and Hugh Muller or his designee to the Negotiating Committee. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, APPOINT SELECTION NEGOTIATING COMMITTEES, AND AWARD CONTRACTS, RE: CONSTRUCTION MANAGEMENT DELIVERY SYSTEM

Commissioner Higgs suggested Public Works Director Henry Minneboo, and Dick Martens or his designee be included on the Selection Committee.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to grant permission to advertise a Request for Proposal and establish Selection and Negotiating Committees for use on a Construction Management Delivery System Continuing Contract for projects up to $750,000 in value; negotiate with up to four firms; award contract(s) and authorize the Chairman to sign the associated contract(s) once a Guaranteed Maximum Price (GMP) has been negotiated. The Board further appointed Ed Washburn or his designee, Sam Stanton or his designee, Jaime Irizarry, Dick Martens or his designee, and Henry Minneboo to the Selection Committee; and appoint Ed Washburn or his designee, Samuel Stanton or his designee, and Jaime Irizarry to the Negotiating Committee. Motion carried and ordered unanimously.

Vice Chairman O'Brien passed the gavel to Chairman Higgs.

APPROVAL OF TECHNICAL ADVISORY COMMITTEE RECOMMENDATIONS, BUDGET CHANGE REQUESTS, AND EXECUTION OF DISBURSEMENT AGREEMENTS WITH CITIES, RE: TRANSPORTATION IMPACT FEES

Commissioner O'Brien stated he has been unable to speak with anyone concerning the items that affect projects around his District.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to table approval of the Technical Advisory Committee recommendations, budget change requests, and execution of disbursement agreements with the Cities concerning transportation impact fees to the March 14, 2000 Board meeting. Motion carried and ordered unanimously.

RESOLUTION, RE: REQUESTING CONGRESSMAN WELDON AND FLORIDA CONGRESSIONAL DELEGATION TO OBTAIN FUNDING FOR BREVARD COUNTY SHORE PROTECTION PROJECT

Chairman Higgs stated she wants to be sure the Board is up front in communicating to the Delegation that this is a two-phased project; and requested language be inserted as follows: "Whereas, without an additional appropriation in 2001, no construction will continue on the South Reach"; and include under the second from the last Whereas, "If the North Reach of the project must be built in sections due to lack of federal funding, increased mobilization costs will

RESOLUTION, RE: REQUESTING CONGRESSMAN WELDON AND FLORIDA CONGRESSIONAL DELEGATION TO OBTAIN FUNDING FOR BREVARD COUNTY SHORE PROTECTION PROJECT

increase the cost of the project and delay the implementation of the second phase"; and under "Now, therefore be it resolved", add "and $8.5 million in 2002." She noted her amendments do not do anything except clarify there are two phases to the project and some additional costs.

Chairman Higgs passed the gavel to Vice Chairman O'Brien.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution, as amended, requesting Congressman Dave Weldon and the Florida Congressional Delegation to obtain funding from Congress for the Brevard County Shore Protection Project in the federal FY 2001 budget. Motion carried and ordered unanimously.

Vice Chairman O'Brien passed the gavel to Chairman Higgs.

GRANT AGREEMENT WITH FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, RE: MONOFILAMENT RECOVERY AND RECYCLING PROJECT

Commissioner O'Brien stated the Office of Natural Resources Management indicates a $57,000 grant to accomplish this task is quite sufficient to pay for all the parts of the Program; he does not see how it can be done; someone has to get 20 bins, place them and maintain them; and there will be 50 aluminum signs which are not cheap. He noted also included are 104 colored posters and a 30-second video commercial which will not be cheap; and he finds that the expense to accomplish the tasks far exceeds the $57,000. He stated it is not that he is against the monofilament program; it is a pilot program, and he is glad to see Brevard County going for it; and he believes it has under estimated the real costs to accomplish it.

Leesa Souto, Environmental Specialist, stated concerning the Public Service Announcement (PSA), staff intends to use the BCC-TV section for production of the PSA; it has offered to do it at no cost; the cost of air time was discussed with Time Warner Cable which presented its general bid for what it would cost when she was doing the proposal preparation; and additional monies were included in the budget proposal to allow for additional cost for air time as well.

Chairman Higgs stated production costs are free and air time is included in the bid; with Ms. Souto noted she included $2,500 to allow for any changes in BCC-TV's procedure or a more complicated PSA to be conducted; and the air time was provided by Time Warner Cable which gave her a specific amount to be aired one month during the cleanup event.

GRANT AGREEMENT WITH FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, RE: MONOFILAMENT RECOVERY AND RECYCLING PROJECT

Ms. Souto stated the presentation materials in the budget account for approximately $1,500 to reproduce slides and materials.

Commissioner O'Brien stated there is also $5,000 for brochures; and inquired if staff has attached a price tag to the Monofilament Madness Event. Ms. Souto responded the Event will be combined with an existing cleanup event; the Coastal Cleanup is funded by Keep Brevard Beautiful (KBB) through the Center for Marine Conservation; it has agreed to fund posters and cleanup supplies to account for specific problems associated with recovering fishing line; and staff intends to go out for other grant dollar amounts to pursue additional funds for other cleanup events as well. She advised the Event that is specified in the Grant is being done through a partnership with KBB.

*County Attorney Scott Knox's presence was noted at this time and Assistant County Attorney Eden Bentley's absence was noted.

Commissioner O'Brien inquired about the cost of the person who will be employed to coordinate and accomplish the task, and how many hours will be put into it.

Conrad White, Section Supervisor, responded staff time will be about 20% or approximately one day a week will be spent overseeing the Grant; volunteers will also be utilized to maintain the drop-off points; and they are hiring a temporary employee to get the project moving forward for 14 months. Commissioner O'Brien inquired what is the temporary position going to cost; with Mr. White responding the amount allocated is slightly over $31,000 which will be paid for by the Grant. Commissioner O'Brien stated he does not see how this is going to be done for $57,000. Mr. White stated $24,000 of the entire budget is in-kind match services; and staff intends to do the project with a combination of a paid coordinator, volunteers, and some staff time. Commissioner O'Brien inquired what happens to the person who is hired if the contract is not renewed. Ms. Souto responded staff assumes the person who was hired to initiate the campaign for monofilament recovery and recycling will no longer be necessary, and she and other members of the Task Force will carry on the jobs to sustain the project, so a full-time person will no longer be needed.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Grant Agreement with the Florida Fish and Wildlife Conservation Commission for the Monofilament Recovery and Recycling Project; and approve budget change request of $57,138 for the project.

Commissioner O'Brien expressed concern that the County picks up another employee, and when the project is over it still has the employee.

GRANT AGREEMENT WITH FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, RE: MONOFILAMENT RECOVERY AND RECYCLING PROJECT

County Manager Tom Jenkins advised it is a temporary employee and it does not give them any kind of status.

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

DISCUSSION, RE: REFERENDUM FOR PARK IMPROVEMENTS

Commissioner Scarborough stated Thursday evening a group of citizens involved with recreation will be meeting with the North Brevard Parks and Recreation Advisory Board and Titusville City Council; the issue is a referendum for park improvements; in the Commission's Workshop, there was discussion about having referendums; and inquired is it something the Board is still going to consider, because if not, he needs to let some people know.

Commissioner Carlson inquired has this been discussed in the South Service Sector; with Parks and Recreation Director Chuck Nelson responding affirmatively. Mr. Nelson advised there is a desire on the part of the different Advisory Boards to bring the issue to the County Commission as there is a tremendous interest in doing it.

Commissioner O'Brien inquired when will it come to the Board; with Mr. Nelson responding staff's intent is to have it before June, 2000. Commissioner O'Brien requested when the wording comes to the Board, it be exactly how staff wants it portrayed so it can be reviewed by the County Attorney and anybody else involved.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 12:49 p.m.

ATTEST:

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

SANDY CRAWFORD, CLERK
(S E A L)