April 8, 2003

The Board of County Commissioners of Brevard County, Florida, met in regular session on April 8, 2003, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairperson Jackie Colon, Commissioners Truman Scarborough, Ron Pritchard, Nancy Higgs, and Susan Carlson, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Richard Kinkead, East Gate Ministries, Melbourne, Florida.

Commissioner Pritchard led the assembly in the Pledge of Allegiance.

REPORT, RE: ORDINANCE AMENDING BUILDING AND BUILDING REGULATIONS FOR
BOAT RAMP CONSTRUCTION

County Manager Tom Jenkins stated staff will be requesting the Board continue the public hearing for Item IV.C., Ordinance Amending Building and Building Regulations for Boat Ramp Construction, until May 2003 as the Parks and Recreation Department needs additional time to work on it.

REPORT, RE: JACOB STUART, CEO OF ORLANDO REGIONAL CHAMBER OF
COMMERCE’S PRESENTATION OF A SURVEY

Jacob Stuart, CEO of Orlando Regional Chamber of Commerce, stated he has talked to people who live in Brevard County and the other 12 counties that make up Central Florida; the Chamber did a regional survey of 13 counties, from Tampa Bay to Cocoa Beach, and interviewed approximately 2,500 voters coast to coast; they were asked about the communities, counties, and region; and the information is available on orlando.org. He noted the report is 474 pages; the Chamber surveyed in depth each of the counties so that commissioners and leaders could review what people are saying about the community; the message is favorable; and the research reveals there are 10 issues taking place in the seven-county area. He stated most everyone comes from some place else and are here by choice; in general, people across Central Florida are happy to live in Central Florida; the minority groups cannot be homogenized; African Americans tend to think differently than Hispanic Americans; and the data needs to be reviewed deeper. Mr. Stuart noted two new words are included in the vocabulary, natives and newcomers; people who are born here tend to think differently about things than those who have just arrived; in general, consumers are confident about the economy; the poll was in the market before the war, but when it was a difficult time with the economy; and it continues to be favorable. He stated Central Floridians think high technology is important; they also believe that those things that are important the leaders are dealing with; the voters put the water issue as the second highest concern and rank the leadership in it favorably; and the school issue in Brevard County is favorable when the data is cross-tabbed with Volusia County, the south area, and America, but the news is not good for the region. He noted a lot of in-depth questions were asked about transportation; demographic questions were asked; one of the trend lines that is powerful is that people in the region are strong in their faith and active in their churches; and Brevard County is ranked the highest out of the seven counties as 63% of the voters believe Brevard County is on the right track. Mr. Stuart stated voters across seven counties ranked the question at about 51%; the lowest was Osceola County at 44%; when asked the question about the quality of life compared to three years ago, Brevard County ranks the highest; one-third or 33% indicated the quality of life is better; it compares across-the-board to 25%; and Osceola, Polk, and Orange Counties rank the lowest. He stated on the question of growth across the seven counties, 68% indicated the region is growing too fast; but it is not true in Brevard County as it ranks 62%, which is under what the average of the region is; and Osceola County is the highest at 80%. He stated the voters in Polk County indicated such County is not growing fast at 55%; 71% of the voters in Brevard County indicated they live in the Space Coast; only 18% said they live in Central Florida; Space Coast is a vocabulary that people in Brevard County use; and when voters were asked which is the leading economic center for the region, 18% said it was one of the seven counties, 9% said Brevard County, 9% said Orange County, 69% cited a city, 48% said the City of Orlando is the leading economic center for the region, and 13% said Melbourne. Mr. Stuart noted Brevard County voters do not have a connection with the Florida high-tech corridor phrase; only 30% recognize it as a term of engagement, 70% when asked if they live in the corridor said no; and 98% of the people in Brevard County said they did not live in the I-4 corridor. He stated 83% of the voters indicated they would not relocate any place else in America as they enjoy the lifestyle they have in Brevard County; the voters said the County is home no matter what opportunities they are given; of the 17% who choose to live some place else, 50% of them would choose to live somewhere else because they would be closer to their families; and across the region it is 67%. He noted when asked the question if Brevard County is the place people want to raise their families, the response was 66%; the County is 15% ahead of the rest of the region; the percentage decreases on the question of building a business; and the region was 36%, with Brevard County 1% ahead. He stated none of the seven counties faired well in the question; the voters do not believe that building a business in the region is favorable; when voters were asked the question if they would choose to retire in Brevard County, 80% of them were favorable; Brevard County ranked the highest with its educational system out of seven counties; and its race relations were also ranked the highest. Mr. Stuart noted the Chamber asked if Brevard County was a friendly place to live and work; the County ranked the highest of the seven counties; the voters were asked if local government should provide tax incentives for high-paying new jobs; and 80% of the voters in Brevard County said yes, and 77% across the region said yes. He stated voters were asked about 11 categories of governmental leadership; Brevard County does much better than the other six counties of the region; the Chamber asked voters what areas Brevard County should work on a regional basis for solutions; and it is evenly split among four areas, including new jobs and businesses, management of growth, education, and health care. He noted the Chamber asked voters how they received news and information about the community; 28% said from the daily newspaper, and 60% said from television; 86% of the voters are not born in Florida and 12% are Florida natives; and of the voters, only 39% are working full time, 36% are retired, and 6% are part-time. He stated when voters were asked if their homes were wired for the 21st century, 71% of them have Internet access; 56% of all households where retired voters live are wired; and 12% of Brevard County voters subscribe to a daily newspaper, 40% subscribe to a weekly newspaper, and 4% subscribe to both. Mr. Stuart stated 40% of the households in Brevard County that are voters do not subscribe to a daily or a weekly newspaper, meaning that television is powerful; and the Chamber is getting 60,000 visits every other week on its website.

Commissioner Carlson expressed appreciation to Mr. Stuart; stated she has worked with him on various occasions; bringing the information forward is always appreciated; and Brevard County is a great community. Mr. Stuart stated people like living in Brevard County on or around the water; they like the lagoon, fishing, and boating; the ratings are overwhelming; and the Board needs to be proud of it. Commissioner Scarborough stated there are a lot of good statistics in Brevard County; it has the highest percentage for high school diplomas; Rich Crotty did a report on the number of tech jobs; and it is one out of four or 25% in Brevard County. He noted the County exceeds the research triangle; only Silicon Valley has a greater percentage; Volusia County is 4%; while Central Florida may exceed, the risk is it is not competing against counties in the Panhandle or South Florida, but the world; and when one wants to compete against Los Angeles and London, it sets higher goals. He stated it is the desire to use Brevard County sometimes as a standard; part of it is the work that has been done with Brevard Tomorrow; the County is able to help the region; and by doing so, it helps itself because only by having a strong region is there a strong Brevard. He expressed appreciation to Mr. Stuart for his efforts.

Commissioner Carlson inquired is there an opportunity to ask questions about the statistics on the website; with Mr. Stuart responding yes and he will be delighted to respond to such questions.

Chairperson Colon thanked Mr. Stuart for his presentation; stated the former Chairman of Orange County made favorable comments about Brevard County’s environment; and the Board should be proud.

REPORT, RE: PUBLIC HEARING TO DISCUSS WIDENING OF NORTH COURTENAY
PARKWAY

Commissioner Pritchard stated the Florida Department of Transportation (FDOT) has scheduled a public hearing for May 6, 2003, from 6:00 p.m. to 8:00 p.m. at the Merritt Island High School cafeteria to discuss the widening of North Courtenay Parkway.

REPORT, RE: ANNUAL ARTS FESTIVAL

Commissioner Pritchard stated the Annual Arts Festival will be held on April 10 and 11, 2003 at F. Burton Smith Park in West Cocoa; among this year’s planned events is the presentation of hand-made scarves to representatives from Patrick Air Force Base’s Family Support Center; and more than 850 children, with varying disabilities, created the scarves during the school year.

REPORT, RE: NATIONAL PUBLIC HEALTH WEEK

Commissioner Pritchard stated National Public Health Week is an annual event every April; it is sponsored by the American Public Health Association and a vast array of partners, including National Nutrition, School Health, Nursing, and Medical Associations; and this year, National Public Health Week will be April 7 through 13, 2003. He noted the theme for this year’s promotion is “Getting in Shape for the Future, Healthy Eating, and Active Learning”; the goal is to tackle the rising epidemic of overweight and obesity; and people need to become more proactive in eating well and exercising.

REPORT, RE: POTENTIAL ANNEXATIONS OF UNINCORPORATED LANDS IN BREVARD
COUNTY

Commissioner Pritchard stated a meeting was held on March 19, 2003 with County staff, numerous cities in Brevard County, and himself at the Clarion Hotel on Merritt Island to discuss potential annexations of unincorporated lands throughout the County; such meeting was to get an idea of where the cities consider their destiny to lie; it is not that any annexation is eminent and the County is not pursuing annexations, but to find out what the cities have in mind so there is not a conflict in the future of two abutting cities vying for the same territory; and a lot of issues were discussed at the meeting. He noted many concerns were brought up; a lot of mistrust that may have been previously realized in city/County conflict was alleviated; and various cities will be meeting with County staff to discuss service areas, water distribution, and a variety of other issues. He stated the meeting was productive; and the minutes are available in his office for anyone wishing to review them.

REPORT, RE: MARINE MAMMAL PROTECTION ACT

Commissioner Pritchard stated he has something to read which is not only his opinion, but the opinion of the Marine Industry and State Marine Contractors Associations that the federal government is destroying Florida. He read the opinion, as follows: “Last Friday, as the Office of Management and Budget and Small Business Administration were meeting with a Department of Interior official about the impact of proposed Marine Mammal Protection Act (MMPA) rule-making in Florida, the Department was quietly releasing its final rule. Now keep in mind that it was the Department of Interior that was placing lynx hairs in national forests so that they would have the impression that a rare Canadian lynx was actually habitable in the forests and it was only being used to provide more control and less access to our national forests. Under the new rule, within five years and perhaps a lot sooner, no county in Florida will be given a letter of authorization to permit water-related and water facility-related projects. The new formula to estimate the MMPA take means that no area in Florida will meet the standard and probably never will again. The U.S. Fish and Wildlife Service will continue to review permits one at a time, using a tougher standard that no permit applicant will be able to meet. This means that riverfront restoration projects will not be built, won’t have fireworks at Cocoa Beach from a barge, no more Christmas boat parades in Merritt Island, Melbourne, and Cocoa Beach, no fishing tournaments, no improvements to boat ramps or marinas. Thousands of businesses will be closed and tens of thousands of jobs lost. The rule offers no mitigation for business people, employees, and customers because the manatee has been elevated above man, woman, and child. Other cities and counties in Florida have realized the significance of this outrageously anti-Florida rule forced on us by regulatory extremists clubs. These cities and counties are prepared to sue the federal government over these inane restrictions which take effect May 5, 2003. I believe Brevard County should join Jacksonville, Lee County, and Cape Coral in the federal fight. Moreover, I strongly believe that this Commission should direct staff to draft a dock ordinance that allows residential docks less than 1,000 square feet in size to be built without going through the ridiculous State permitting. Other counties notably, Collier County, have used such an ordinance successfully for years. It’s time for Brevard to step up and protect its citizens from an unfair, unnecessary, dangerous and disastrous federal rule.”

REPORT, RE: SAMPLE OF THE ARTS

Commissioner Carlson stated present today for Sample of the Arts is David Matt, Karen Cox, and Rhonda Thomas; and outside in the lobby is information on the Melbourne Art Festival scheduled for April 26 and 27, 2003.

David Matt, representing Melbourne Art Festival, stated the display in the lobby highlights various activities and information pieces regarding the Festival; the mission is to organize and present an annual art festival and to promote and encourage artistic endeavors, education, and art appreciation in Brevard County; this year will be the 19th Annual Festival to be held in historic downtown Melbourne; and the Melbourne Art Festival is proud to be recognized as Brevard’s premier open air fine art festival. He noted the Festival will be held on Saturday, April 26, 2003 from 9:00 a.m. to 11:00 p.m. and Sunday, April 27, 2003 from 9:00 a.m. to 5:00 p.m.; this year, the Festival is partnering with Coast to Coast Sweeping and the Girl Scouts to conduct a recycling effort for plastic bottles and aluminum; Space Coast Area Transit (SCAT) is availing its popular Park and Ride shuttle service; and this free transportation helps alleviate traffic and parking congestion in the downtown area during the Festival. Mr. Matt advised Park and Ride locations are the Florida Market Place and Melbourne Square Mall; the hours of operation for the shuttle service will be 9:00 a.m. to 11:30 p.m. on Saturday, and 9:00 a.m. through 5:30 p.m. on Sunday; the Festival bus stop will be at the west end of the Festival site; and support of the arts in the community will continue. He noted the student arts scholarship is valued at $3,000; there will be student arts workshops available for children, ages six through 13; student art competition will be for students in grades 7 through 12; and the Flamingo Food Court and a variety of street concessions will be onsite during the two-day Festival. He stated in kicking off the two-day Festival will be one of Brevard’s largest amateur sporting events, the 16th Annual 5K Flamingo Run, which starts at 8:00 a.m. on April 26, 2003; and last year there were over 1,200 participants in the Run; community support for the Melbourne Art Festival continues through many generous patrons and corporate sponsors. Mr. Matt expressed appreciation to the Board for its continued support as facilitated through the Brevard Cultural Alliance; stated support in the form of grants valued at over $19,000 was awarded to the Melbourne Art Festival in 2003; on the main stage at the east end of the Festival site, attendees will be able to enjoy a wide variety of musical performances; and the Festival is proud to once again offer its popular Kids World, which is a place where all kids can go and expect nothing but fun. He noted the Festival continues to seek volunteers to help with the ongoing success of this year’s Festival; and people can visit the Festival’s website at www.melbournearts.org. for more information. Mr. Matt stated it is anticipated that approximately 55,000 visitors will attend the event; and based on statistical analysis of the 2002 Melbourne Art Festival, they are approximating an estimated lodging impact of $100,000 and an estimated dining impact of greater than $265,000 from out-of-county visitors. He stated the Melbourne Art Festival offers a fun-filled, two-day open air art event that is family oriented and open to all festival goers; and a variety of painting, photography, graphics, sculpture, jewelry, ceramics, and other media will be offered by over 250 regional and national artists. He noted food, refreshments, concessions, excellent musical performances, kids activities, and student art are some of the many highlights of this year’s Festival; admission to the Festival and downtown parking are free of charge; and invited the Board and viewing public to attend the Festival.

REPORT, RE: POLICY ON SCHOOL CAPACITY

Commissioner Carlson stated she received a letter from Melissa Hoaglund, President of Citizens for Responsible Growth, regarding an item at the March 10, 2003 Planning and Zoning (P&Z) Board meeting from Robert Weber and Mary Elizabeth Pluckebaum Weber; it will be heard by the Board at its meeting on April 10, 2003; the Board has been given the authority to put a School Board appointee on the P&Z Board; and there is also a staff member from the School Board on the Local Planning Agency (LPA). She noted the item was discussed and the issue of school capacity and the Board’s Policy came up; and the Policy was discussed and the vote was favorable toward the development, overlooking the existing Policy. She expressed concern how the P&Z Board is supposed to interpret it; and noted she assumed the P&Z Board would apply the Policy, but it is not doing so. Commissioner Carlson stated she is not sure what the venue is in the summit coming up for the School Board and cities; perhaps County staff can talk to them to see how the capacity issues should be further discussed; the over capacity issue at Ralph Williams School was discussed; and the school at Viera, which is classified as school R, will be completed in the Fall. She inquired how does the Policy apply when the County knows a school is going to be built in “x” number of months and how does it treat zoning issues; suggested staff provide a report to the Board on how it is going to impact the current Policy and if the Board should alter it to consider a school that is going to be open at a given date; and stated the Policy needs to be fair in how the Board addresses the different zoning issues.

Commissioner Pritchard stated if the school is under construction, slated for construction, there is a timeline that says within six months or 12 months, and running concurrently with that there is a subdivision, the County has achieved what the ultimate goal is behind the school capacity issue; it is to make sure there are classrooms for students that are going to be moving into neighborhoods; so it is a path the Board needs to travel.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to direct staff to provide a report to the Board concerning revising its Policy on school capacity issues if a school is under construction and there is a date at which it should be open, with such report being discussed prior to the Board looking at the various zoning issues on April 10, 2003. Motion carried and ordered unanimously.

REPORT, RE: SUPPORT THE TROOPS RALLY

Chairperson Colon advised there will be a Support the Troops Rally on April 12, 2003 at 4:00 p.m. at Veterans Park in Palm Bay; and anyone with questions can contact Steve Riser or Art Brown at the Parks and Recreation Department in Palm Bay.

APPOINTMENT, RE: COMMISSIONER LIAISON TO ECONOMIC DEVELOPMENT
COUNCIL

Chairperson Jackie Colon stated she serves on the Economic Development Council; Commissioner Pritchard has shown an interest in serving on the Council; and advised she will appoint Commissioner Pritchard to replace her as Commissioner Liaison to the Economic Development Council for 2003.

REPORT, RE: GREAT BREVARD DUCK RACE

Jim Ross, representing Crosswinds Youth Services, expressed appreciation to the Board for the support it has shown for young people and their families; stated last month, it adopted a Resolution congratulating Crosswinds on becoming the first organization in Florida to win the National Organization of the Year award from the National Organization of Youth; in the award, the National Organization said Crosswinds is the best organization in America serving runaways, the homeless, and other youth in crisis; and it is due to the Board and communities’ support. He noted one of the things that the national network cited was the extraordinary support of the community to help Crosswinds raise funds to serve the youth; the Great Brevard Duck Race is a fun event to raise funds; such event has generated extraordinary support from the community; and people donate $5.00 and receive an entry in the race. He stated such race is in its fifth year and is held at the Indian River Festival in Titusville; there are wonderful prizes local people can win, thanks to the generosity of businesses; this year, there are four VIP seats for the Pepsi 400 and the entire week of qualifying; second prize is a 10-night cruise to the Caribbean, third prize is two round trip tickets to any location where Southwest Airlines flies, fourth prize is a $500 shopping spree at Dillards, fifth prize is a membership for one year at the Health First Pro Health and Fitness Center, sixth prize is two homemade sundaes each week for one year at the Marble Slab Creamery in Merritt Island, and seventh through 17th prizes include half-hour massages and facials at Massage Therapy and Associates of Brevard. Mr. Ross stated the institutions come together to raise money for the children and they should be commended; and people can go to the following sponsors to get their duck adoptions and enter the race: Bank of America, Community Educators Credit Union, Riverside National Bank, Harbor Federal, South Trust Banks, Space Coast Credit Unions, SunTrust, Wachovia, Florida Copy Systems, and SAIC. He noted there are other community-minded businesses which are financial sponsors; Publix Supermarkets in South Brevard are also sponsors; Metcon, Coastal Steel, Iveys, Ron Jon’s Surf Shop, United Space Alliance, the Margaret Hames Foundation, and Nokia are also sponsors; and the Space Coast Association of Realtors, Melbourne Association of Realtors, and Homebuilders and Contractors Association of Brevard have come together for a common cause to help Crosswinds raise money. He expressed appreciation to the media for providing coverage, including Channel 9 Family Connection, WFTV in Orlando; Clear Channel

Communication Radio Group in Brevard, and Florida TODAY and Florida TODAY weeklies. Mr. Ross urged everyone for the next few weeks to have their rubber ducks, which glow in the dark.

Chairperson Colon expressed appreciation to the organizations and businesses that are supporting the youth.

Commissioner Pritchard stated in the interest of increasing his odds in winning, he has his own entry this year, which is a big rubber duck with a plastic propeller.

REPORT, RE: CAMPAIGN 2002

Chairperson Colon congratulated Thad Altman, State Representative for Brevard County, and Mike Haridopolos, State Senator.

APPROVAL OF MINUTES

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve the Minutes of January 30, 2003 Special Meeting, February 4, 2003 Regular Meeting, and February 6, 2003 Zoning Meeting. Motion carried and ordered unanimously.

REPORT, RE: ITEM PULLED FROM CONSENT AGENDA

Chairperson Colon advised Item III.A.8 will be pulled from the Consent Agenda as a speaker card has been filled out to address the item.

RESOLUTION, RE: PROCLAIMING CHILD ABUSE AND NEGLECT PREVENTION MONTH

Commissioner Carlson read aloud a resolution proclaiming April 2003 as Child Abuse and Neglect Prevention Month in Brevard County.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to adopt Resolution proclaiming April 2003 as Child Abuse and Neglect Prevention Month in Brevard County, and urging all residents to lend their support in an effort to prevent the abuse and neglect of children by displaying blue ribbons during this month. Motion carried and ordered unanimously.

A representative stated several months ago people watched in shock and horror at the video images that played on television as Ms. Toogood in Indiana beat her child; child abuse existed and individuals were outraged; for millions of children, thousands of them in Brevard County, no one sees it, but it does exist; and it is this knowledge that must be the driving force that propels people to take action to stand up and say no more. She noted the Resolution sends a clear message that the community recognizes the children who fall victim to abuse at the hands of those who are entrusted with their care; and the community supports and appreciates the prevention efforts in place to prevent child maltreatment. The representative expressed appreciation to the Board for the Resolution.

Commissioner Carlson presented the Resolution to the representative.

RESOLUTION, RE: RECOGNIZING BREVARD BRITISH CLUB

Commissioner Pritchard stated Prime Minister Tony Blair has been wonderful in terms of garnering support for the war; and he appreciates the support of the United Kingdom. He noted most people do not realize what the United Kingdom is; today’s commonwealth is a world away from the handful of British dominions, which were the first commonwealth members; it is a unique family of 54 developed and developing nations, and a voluntary association of independent sovereign states spread over every continent and ocean, from Africa to Asia, from specific shores to the Caribbean; and the commonwealth’s 1.7 billion people make up 30% of the world’s population and are of many faiths, races, languages, and cultures. He stated the modern commonwealth gradually evolved out of the United Kingdom’s imperial past, mainly through de-colonization and the affects of two world wars and changing patterns of international relations; today it helps to advance democracy, human rights, and sustainable economic and social development within its member countries and beyond; and with a common working language and similar systems of law, public administration, and education, the commonwealth has built on its shared history to become a vibrant and growing association of states in tune with the modern world.

Commissioner Pritchard read aloud a resolution recognizing the Brevard British Club for its activities, citizenship, and support to those of British heritage.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution recognizing the Brevard British Club for its philanthropic activities, its citizenship, and its benevolent support to those of British heritage. Motion carried and ordered unanimously.

Maureen Rupe expressed appreciation to the Board for the Resolution; stated the Brevard British Club meets twice a month and has lunch once a month; it goes to various cultural events with presentations; it has wonderful Christmas parties; and invited the Board to attend a Club meeting and Christmas party. She noted Matthew Heron is with the 32nd Air Defense in Kuwait; the Club is thinking of him and all the troops; and it feels confident with the mixed American/British forces there.

Commissioner Scarborough stated Cocoa Beach conducted a survey and there are more British coming to Brevard County than all the other foreign countries, including Canada.

Commissioner Pritchard presented the Resolution to Maureen Rupe and other members of the Club.

RESOLUTION, RE: PROCLAIMING NATIONAL LIBRARY WEEK

Commissioner Carlson read aloud a resolution proclaiming April 6 through 12, 2003 as National Library Week in Brevard County.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to adopt Resolution proclaiming April 6 through 12, 2003 as National Library Week in Brevard County, and encouraging all citizens to take advantage of the wonderful library resources available and thank their librarians for making information available to all who walk through the library doors. Motion carried and ordered unanimously.

Fernanda Safarik expressed appreciation to the Board for the support it has given to the libraries; and stated 31 Brevardians went to Tallahassee this year to walk the halls and convince the Legislators that libraries need them. She presented pen and ink drawings to each Commissioner.

Commissioner Carlson presented the Resolution to Fernanda Safarik.

RESOLUTION, RE: SUPPORTING MEMBERS OF THE UNITED STATES ARMED FORCES
SERVING IN OPERATION IRAQI FREEDOM

Chairperson Colon read aloud a resolution expressing support and appreciation to the members of the United States Armed Forces serving in Operation Iraqi Freedom.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to adopt Resolution expressing support and appreciation to the members of the United States Armed Forces serving in Operation Iraqi Freedom and the families of the military personnel serving in the Operation. Motion carried and ordered unanimously.

Chairperson Colon advised the Resolution will be presented to the City of Palm Bay at the Support the Troops Rally this Saturday.

FINAL PLAT APPROVAL, RE: SONOMA SUBDIVISION, PHASE 5

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to grant final plat approval for Sonoma Subdivision, Phase 5, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining all required jurisdictional permits. Motion carried and ordered unanimously.

FINAL ENGINEERING AND PRELIMINARY PLAT APPROVAL, RE: SUMMERS CREEK
SUBDIVISION, PHASE II

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to grant final engineering and preliminary plat approval for Summers Creek Subdivision, Phase II, subject to minor changes as applicable and developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH FLOYD AND PAULA MAY, RE: ADRIAN WAY

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to execute Unpaved Road Agreement with Floyd and Paula May for construction of Adrian Way. Motion carried and ordered unanimously.

APPROVAL OF SURCHARGE FEE, RE: CREDIT CARD PAYMENTS

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to grant approval of a surcharge fee for credit card payments of 2% for scanning credit cards or 3% for over the telephone usage of credit cards effective May 2003. Motion carried and ordered unanimously.

BINDING DEVELOPMENT PLAN AGREEMENT WITH ROBERT A. AND RONNA R.
GREASON, RE: PROPERTY IN SECTIONS 10 AND 11, TOWNSHIP 30S.,
RANGE 38E.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to execute Binding Development Plan Agreement with Robert A. and Ronna R. Greason, limiting development to two residential building lots, no less than one-half acre each on property in Sections 10 and 11, Township 30S., Range 38E. Motion carried and ordered unanimously.

APPROVAL OF LETTER, RE: FINDING PROPOSED SCHOOL BOARD PURCHASE IN
PINEDA CROSSING PUD CONSISTENT WITH COMPREHENSIVE PLAN

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to execute Letter for finding proposed School Board purchase in Pineda Crossing PUD consistent with the Comprehensive Plan. Motion carried and ordered unanimously.

APPROVAL, RE: CORRECTIONAL IMPACT FEE TECHNICAL ADVISORY COMMITTEE
PROJECT FUNDING RECOMMENDATIONS AND BUDGET CHANGE REQUESTS

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to grant approval of the Correctional Impact Fee Technical Advisory Committee project funding recommendations for the Detention Center; and approve the Budget Change Requests required to implement the project appropriations in FY 2002/03. Motion carried and ordered unanimously.

CONFIRMATION OF APPOINTEES, RE: PORT ST. JOHN DEPENDENT SPECIAL
DISTRICT BOARD

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to appoint Stephen Barkaszi and Robert Lewis to the Port St. John Dependent Special District Board to fill Seats 3 and 4. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF ORDINANCES #5-2003 AND #7-2003 FROM CITY OF
TITUSVILLE, RE: ANNEXATION

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to acknowledge receipt of Ordinances #5-2003 and #7-2003 from the City of Titusville for annexation of 1.7? acres south of S.R. 405 between S.R. 50 and Barna Avenue and 6.3? acres across from Kirkwood Trail. Motion carried and ordered unanimously.

NOTICES OF CONTRACT EXTENSION WITH CAMP, DRESSER & McKEE, INC., POST,
BUCKLEY, SCHUH & JERNIGAN, INC., BUSSEN-MAYER ENGINEERING GROUP,
INC., AND BRPH ARCHITECTS/ENGINEERS, RE: PROFESSIONAL CONSULTANT
SERVICES

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to execute Notices of Contract Extension with Camp, Dresser & McKee, Inc., Post, Buckley, Schuh & Jernigan, Inc., Bussen-Mayer Engineering Group, Inc., and BRPH Architects/Engineers for professional consultant services for the Regional Stormwater Utility Department. Motion carried and ordered unanimously.

RESOLUTION, RE: CANCELING TAXES ON PROPERTIES ACQUIRED THROUGH
FORECLOSURE FOR NON-PAYMENT OF MSBU SPECIAL ASSESSMENT LIENS

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to adopt Resolution canceling taxes on properties acquired through non-payment of MSBU Special Assessment liens for total delinquent taxes in the amount of $10,027.95. Motion carried and ordered unanimously.

RIGHT-OF-WAY USE AGREEMENT WITH THE VIERA COMPANY, RE: LANDSCAPING
WITHIN CLUBHOUSE DRIVE AND AUBURN LAKES DRIVE RIGHTS-OF-WAY

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to execute Right-of-way Use Agreement with The Viera Company for installation and maintenance of landscaping and irrigation improvements within the Clubhouse Drive and Auburn Lakes Drive rights-of-way. Motion carried and ordered unanimously.

WAIVER OF BID REQUIREMENTS AND APPROVAL OF QUOTE, RE: MARTIN
BOULEVARD SIDEWALK PROJECT

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to grant waiver of bid requirements and approve the low quote by Lawson Masonry in the amount of $36,724 for Martin Boulevard sidewalk project. Motion carried and ordered unanimously.

STATE HIGHWAY LIGHTING, MAINTENANCE, AND COMPENSATION AGREEMENT
WITH FLORIDA DEPARTMENT OF TRANSPORTATION, RE: REIMBURSEMENTS
FOR MAINTENANCE OF STREETLIGHTS ON STATE ROADS

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to execute Agreement with Florida Department of Transportation for reimbursements for maintenance and operation of highway lighting on State roads, for an initial lump sum of $16,200. Motion carried and ordered unanimously.

APPROVAL OF BUDGET CHANGE REQUEST, RE: ACCEPTING BIKE FLORIDA SHARE
THE ROAD MINI-GRANT

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to approve Budget Change Request accepting a mini-grant from Bike Florida Share the Road in the amount of $1,000; and authorize necessary budget amendments. Motion carried and ordered unanimously.

APPROVAL OF USE, RE: BREVARD COUNTY SEAL BY CRISIS SERVICES OF BREVARD

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to grant approval of use of the Brevard County Seal by Crisis Services of Brevard on selected marketing materials. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, APPOINT SELECTION
AND NEGOTIATING COMMITTEES, AND EXECUTE CONTRACT, RE: TOGETHER
IN PARTNERSHIP (TIP) INFORMATION CAMPAIGN

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to grant permission to advertise request for proposals; appoint Selection Committee consisting of J. B. Kenna, Housing and Human Services Operations Manager, Ian Golden, Housing and Human Services Lead Planner, Anselmo Baldonado, Together in Partnership Communication Committee Chairperson, Marea Assante, Special Projects Coordinator, and Jim Liesenfelt, Space Coast Area Transit Director; appoint Negotiating Committee consisting of Gay Williams, Housing and Human Services Director, Ian Golden, Housing and Human Services Lead Planner, Laverta Spiller, Housing and Human Services Special Project Coordinator II, and Sheree Stebbins, Housing and Human Services Special Project Coordinator II; and authorize the Chairperson to execute Contract and any subsequent amendments, contingent upon approval of the County Attorney and Risk Management. Motion carried and ordered unanimously.

AUTHORIZATION FOR SOLE SOURCE PURCHASE FROM TEDDER BOAT RAMP
SYSTEMS, INC., RE: INSTALLATION OF BOAT RAMP AT POW/MIA PARK

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to authorize the sole source purchase from Tedder Boat Ramp Systems, Inc. for the installation of a boat ramp at POW/MIA Park; and authorize the Chairperson to execute the associated Contract. Motion carried and ordered unanimously.

APPROVAL OF CONTRIBUTIONS TO MELBOURNE, PALM BAY, THUNDER OVER
INDIAN RIVER, INC., AND TITUSVILLE JAYCEES, RE: FOURTH OF JULY
FIREWORKS DISPLAY

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to grant approval of contributions of $1,000 each to Melbourne, Palm Bay, Thunder Over Indian River, Inc., and Titusville Jaycees for Fourth of July fireworks display. Motion carried and ordered unanimously.

RESOLUTION, GRANT AGREEMENT AND BUDGET CHANGE REQUEST, RE:
ASSISTANCE UNDER FLORIDA FISH AND WILDLIFE CONSERVATION
COMMISSION FLORIDA BOATING IMPROVEMENT PROGRAM FOR PARRISH
PARK BOAT RAMPS

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to adopt Resolution for assistance under the Florida Fish and Wildlife Conservation Commission (FWC) Florida Boating Improvement Program for Parrish Park; authorize Parks and Recreation Director Chuck Nelson to execute FWC’s standard Grant Agreement; and approve Budget Change Request to establish project account and temporary loan from the General Fund. Motion carried and ordered unanimously.

ACCEPTANCE OF DONATION FROM DOROTHY HOLWAY TRUST, RE: LAND IN
VALKARIA AREA OF BREVARD COASTAL SCRUB ECOSYSTEM FLORIDA
FOREVER PROJECT

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to accept donation of the Dorothy Holway Trust property and authorize payment for the necessary title work through the EEL Program; waive the survey and environmental site assessment requirements for acceptance of the donation; and authorize the Chairperson to execute any necessary documents for transfer of title. Motion carried and ordered unanimously.

APPROVAL, RE: 2003 FIRE GRANT APPLICATION

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to approve the 2003 Fire Grant Application to provide capital, operating equipment, and supplies to further improve the Firefighter Wellness and Safety Program. Motion carried and ordered unanimously.

RESOLUTION, RE: ESTABLISHING CAPITAL RECOVERY CHARGES FOR PROPERTIES
CONNECTING TO NORTH PALM SHORES WASTEWATER SYSTEM

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to adopt Resolution establishing capital recovery charges for properties connecting to the North Palm Shores Wastewater System. Motion carried and ordered unanimously.

NOTICE OF REMOVAL WITH A. DUDA & SONS, INC., RE: REMOVAL OF PROPERTY
FROM USE AGREEMENT

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to execute Notice of Removal for property no longer included in the Use Agreement with A. Duda & Sons, Inc. for reclaimed water on agricultural lands. Motion carried and ordered unanimously.

TERMINATION OF UNDERGROUND SANITARY SEWER TEMPORARY EASEMENT WITH
THE VIERA COMPANY, RE: INDIAN RIVER COLONY CLUB

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to execute Termination of Underground Sanitary Sewer Temporary Easement with The Viera Company for temporary sanitary sewer easement serving portions of the Indian River Colony Club that was granted to the County on February 5, 1993 and recorded in ORB 3270, Page 1548. Motion carried and ordered unanimously.

AGREEMENT WITH PROPERTY APPRAISER, RE: DATA SHARING AND SERVICES

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to execute Agreement with the Property Appraiser for data sharing and services allowing for the uniform method of levying and collecting non-ad valorem assessments levied by the County on real property. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-4-03-11 AND CONTRACT WITH JANCY PET BURIAL
SERVICES, INC., RE: ANIMAL CARCASS TRANSPORTATION AND DISPOSAL

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to award Proposal #P-4-03-11 to Jancy Pet Burial Services, Inc.; and execute Agreement with the provider for pick-up, transportation, and disposal of dead animal carcasses. Motion carried and ordered unanimously.

REJECT LOW BID AND AWARD SECOND LOW BID, RE: BID #B-5-03-44, DETENTION
CENTER DISHWASHER REPLACEMENT

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to reject the low bid of $51,490 from Professional Kitchens, and award Bid #B-5-03-44 to the second low bidder, Designs, Furnishings & Equipment at $53,050 for the Detention Center dishwasher replacement. Motion carried and ordered unanimously.

EXTENSION OF SALE AND PURCHASE CONTRACT WITH QUALITY GARAGE DOOR
SERVICES, INC., RE: PROPERTY IN SPACEPORT COMMERCE PARK

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to approve 60-day time extension on the pending Sale/Purchase Contract with Quality Garage Door Services, Inc. for a five-acre parcel in Spaceport Commerce Park. Motion carried and ordered unanimously.

APPOINT SELECTION COMMITTEE AND AUTHORIZE EXECUTION OF AGREEMENT,
RE: HEATING, VENTILATING, AND AIR CONDITIONING SERVICES

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to appoint a Selection Committee consisting of Jack Masson, Jaime Irizarry, Hugh Muller, and Sam Stanton to shortlist, rank, and select the most qualified service company to perform heating, ventilating, and air conditioning services; authorize the award of a one-year service agreement with four one-year options to the most qualified service company selected; and authorize the Chairperson to execute the Agreement and any other associated documents. Motion carried and ordered unanimously.

APPROVAL OF GRANT APPLICATION, RE: COMMUNITY EMERGENCY RESPONSE
TEAM, FEMA FY 2002 SUPPLEMENTAL SUB-GRANT PROGRAM

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to approve submittal of a sub-grant application for Community Emergency Response Team (CERT) funding; and if approved by the Division of Emergency Management, authorize the County Manager or his designee to execute all necessary agreements, documents, resolutions, etc. and submit necessary reports and forms to the Florida Division of Emergency Management. Motion carried and ordered unanimously.

FEDERALLY-FUNDED SUBGRANT AGREEMENT WITH FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, RE: DEVELOPMENT OF CONTINUITY OF OPERATIONS
PLAN

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to execute Federally-funded Subgrant Agreement with Florida Department of Community Affairs for development of a County Continuity of Operations Plan, update of Terrorism Annex, and administration of funding for the Palm Bay COOP Plan development; authorize waiver of competitive bidding requirements and award of Contract to Emergency Response Planning and Management, Inc. due to prior planning work completed and time constraints of contract; and authorize the County Manager or his designee to execute all agreements, documents, etc. necessary to effectuate the work and administer Contract with Department of Community Affairs, City of Palm Bay, and Emergency Response Management, Inc. Motion carried and ordered unanimously.

APPROVAL OF GRANT APPLICATION, RE: CITIZEN CORPS COUNCIL, FEMA FY 2002
SUPPLEMENTAL SUB-GRANT PROGRAM

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to approve submittal of Sub-grant application for Citizen Corps Council funding; and if approved, authorize the County Manager or his designee to execute all necessary agreements, documents, resolutions, etc. and submit necessary reports and forms to the Florida Division of Emergency Management. Motion carried and ordered unanimously.

MEMORANDUM OF UNDERSTANDING WITH THE RETIRED & SENIOR VOLUNTEER
PROGRAM OF BREVARD COUNTY, RE: VOLUNTEER SERVICES

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to authorize the County Manager to execute a Memorandum of Understanding with The Retired and Senior Volunteer Program (RSVP) of Brevard County to provide their volunteers with volunteer opportunities within County government. Motion carried and ordered unanimously.

SERVICES AGREEMENT WITH BENEFITS TECHNOLOGIES, INC., RE: AUTOMATED
ENROLLMENT SYSTEM FOR GROUP HEALTH INSURANCE PROGRAM

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to execute Services Agreement with Benefits Technologies, Inc. for an automated enrollment system for the County’s Group Health Insurance Program. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, RE: EMPLOYEE GROUP
HEALTH BENEFITS

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to grant permission to publish a Request for Proposal, in a joint effort with the Brevard County Public Schools, for Employee Group Health Plan products, including proposals for fully-insured and self-insured group health plans as potential replacements for the Brevard Partnership EPO and PPO plans effective January 1, 2004 and a low cost HMO alternative plan to be offered in addition to the current HMO Plans effective January 1, 2004. Motion carried and ordered unanimously.

APPROVE DESIGNATION OF AETNA LIFE INSURANCE COMPANY, RE: PREFERRED
VENDOR FOR LONG-TERM CARE INSURANCE

Motion by Commissioner Carlson, seconded by Commissioner Higgs, approve the recommendation of the Selection Committee to designate Aetna Life Insurance Company as the preferred vendor for long-term care insurance to be available on a voluntary basis to all employees after May 1, 2003. Motion carried and ordered unanimously.

APPROVAL, RE: PROPERTY DAMAGE RELEASES FOR GRANT STREET CROSSOVER
AND MOSQUITO CONTROL VEHICLE

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to execute Property Damage Release with Occidental Fire & Casualty Company for $361.22 for damage to the fence and boardwalk of the Grant Street crossover and Settlement Agreement with Underwriters Guarantee Insurance Company for $1,317.96 for damage to a Mosquito Control vehicle. Motion carried and ordered unanimously.

APPROVAL OF WORKERS’ COMPENSATION CLAIM SETTLEMENT, RE: KIM YOUNGER

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to approve the negotiated settlement of the Workers’ Compensation claim of Kim A. Younger at $50,000. Motion carried and ordered unanimously.

APPROVAL OF WORKERS’ COMPENSATION CLAIM SETTLEMENT, RE: VIRGINIA
CAMPBELL

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to approve the negotiated settlement of the Workers’ Compensation claim of Virginia Campbell at $55,000. Motion carried and ordered unanimously.

APPROVAL, RE: HIPAA PRIVACY POLICY

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to approve the Health Insurance Portability and Accountability Act Privacy Policy (HIPAA). Motion carried and ordered unanimously.

ACCEPTANCE OF SETTLEMENT PROPOSAL FOR ATTORNEY’S FEES AND COSTS,
RE: BREVARD COUNTY V. AMY, ET AL (SHORE PROTECTION PROJECT)

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to accept the attorney’s fees and cost proposals submitted by two property owners in Brevard County v. Amy, et al, $3,128.73 for Amy and $2,553.96 for Strozier/Merlo; and authorize the County Attorney’s Office to execute a Settlement Agreement. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to approve the Bills and Budget Changes. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE REVISING
SECTION 62-2117 TO PERMIT PARKING OF COMMERCIAL MOTOR VEHICLES
IN TOURIST COMMERCIAL ZONES

Commissioner Pritchard stated Jerry Keyes came to him about two months advising of the problem he is having with his towing service after hours and on weekends with having a timely response to emergencies and vehicles involved in automobile accidents due to the location of his driver and where they have to park the vehicle; Mr. Keyes is present to explain the problem he is having; perhaps the Board could advertise the public hearing and include that emergency vehicles, such as a tow truck, could be parked in a residential neighborhood; and there would be a timely response.

Jerry Keyes stated he was under the impression that the issue was resolved about 10 years ago; it is a bad situation; anybody on a rotation list with a wrecker gets called out at all times of the day or night; and he is trying to keep a wrecker on the south side of the Barge Canal. He noted the bridge is always under construction; when the bridge is up, one does not know if they are going to get across to the other side; they have to go down S.R. 3 through the Space Center and out U.S. 1; and the response time is lost. He stated the response time is needed; Sue Schmitt had made a comment that the fire department uses the jaws of life and gets people out of the vehicles; it is not always true; and the jaws of life cannot upright a car if it is laying on top of somebody and it cannot pull a car out of a canal if it is in the water and people are drowning. He noted he has one wrecker on the south side of the bridge; it is in the Hampton Home area on Merritt Island by BJ’s; the response time is fantastic; and his driver was being harassed by Code Enforcement. Mr. Keyes noted there is no place to park the trucks and it is a vital issue; and somebody’s life could depend on the response time.

Commissioner Pritchard stated he travels North Courtenay Parkway a lot; there are accidents frequently and backups occur; there is more to it than just the safety issue of being able to respond timely because of the people in the vehicles, it is also the people that are on the road; and the County does not want to create any road blocks and wants to have traffic flow normally so that somebody further down the line does not get agitated and cause another accident, which sometimes happens. He noted the issue of having a timely response is most important; where Mr. Keyes has his truck now, the neighborhood has a mixed use of vehicles that are already there; the truck is centrally located on Merritt Island and Mr. Keyes is able to respond quickly; and it is not a matter of convenience for the driver, it is a matter of safety and the ability to respond quickly to the public. He suggested the Board revisit Section 62-2132, which is administrative permit for commercial vehicle, and look for an exemption for emergency commercial vehicles; stated he is not talking about the ice cream truck, etc. but a vehicle that provides an emergency service and is requested by police and fire departments continuously at all hours of the day and night; and it is important from the aspect of public safety to have a vehicle in a position where one can respond quickly, save lives, move vehicles out of the line of traffic, and provide a good public service.

Commissioner Carlson inquired is Mr. Keyes an official appointee of the particular police department or Sheriff’s Department to be one of the tow truck designees when he responds to police or fire departments calls; with Mr. Keyes responding yes. Commissioner Carlson inquired does Mr. Keyes have documentation to show his vehicle is used for emergency purposes; with Mr. Keyes responding yes.

Commissioner Higgs stated the item deals with Section 62-2117; it is specific in terms of its intent dealing with commercial vehicles in tourist commercial zones; the Board could move the item forward and come back to review the other sections; and staff could provide a report and bring legislative intent to get the community advised of what is being discussed.

Chairperson Colon inquired if Commissioner Pritchard agrees with Commissioner Higgs’ suggestion; with Commissioner Pritchard responding that is fine. Commissioner Pritchard stated he would like to bring the issue back in two weeks for the Board to revisit; it is an easily understood Section; and the only part that needs to be changed is where it says, “The parcel must be developed single-family residential lot”, instead of saying, “of at least two and one-half acres in size”. He stated there are other comments the Board may have; and two weeks should be sufficient time to review the Section. Commissioner Higgs stated the Board has to do legislative intent first and then advertise; and if Commissioner Pritchard wants to bring the item forward in two weeks, he can bring forth the amendment to the section of concern.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to grant permission to advertise a public hearing to consider an ordinance revising Section 62-2117 to permit the parking of commercial motor vehicles in tourist commercial zones. Motion carried and ordered unanimously.

The meeting recessed at 10:36 a.m. and reconvened at 10:49 a.m.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENT (INDUSTRY DRIVE) IN WICKHAM ROAD BUSINESS CENTER NORTH,
PHASE I - BARRY J. WALLINGFORD

Chairperson Colon called for the public hearing to consider a resolution vacating public utility and drainage easement (Industry Drive) in Wickham Road Business Center North, Phase I, as petitioned by Barry J. Wallingford.

There being no comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution vacating public utility and drainage easement (Industry Drive) in Wickham Road Business Center North, Phase I, as petitioned by Barry J. Wallingford. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION AUTHORIZING EXCHANGE OF PROPERTY
WITH LENNAR DEVELOPMENT/US HOMES

Chairperson Colon called for the public hearing to consider a resolution authorizing exchange of property with Lennar Development/US Homes.

There being no comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Higgs, to adopt Resolution authorizing exchange or property with Lennar Development/US Homes to correct the legal description for the pump station site near Grand Isle Subdivision. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING BUILDING AND BUILDING
REGULATIONS FOR BOAT RAMP CONSTRUCTION

Chairperson Colon called for the public hearing to consider an ordinance amending building and building regulations for boat ramp construction.

Commissioner Higgs stated staff is requesting the public hearing be continued for 30 days.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Carlson, to continue the public hearing to consider an ordinance amending Chapter 22, Building and Building Regulations, creating Article IX, Boat Ramp Construction, to the May 6, 2003 Board meeting. Motion carried and ordered unanimously.

RESOLUTION, RE: ESTABLISHING PERMIT FEE FOR BOAT RAMPS

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to table resolution establishing building permit fee for boat ramps to the May 6, 2003 Board meeting. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING GML ZONING CLASSIFICATION TO
PERMIT DREDGED MATERIAL MANAGEMENT AREAS AND CATTLE GRAZING

Chairperson Colon called for the public hearing to consider an ordinance amending GML zoning classification to permit dredged material management areas and cattle grazing.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Pritchard, to move the ordinance to the second public hearing on April 29, 2003. Motion carried and ordered unanimously.

Commissioner Higgs stated when she reviewed conditional use permits and the issues of GML, one of the things the County lacks in its Code is a provision for water system facilities; and she would like a report from staff with an appropriate amendment to Section 62-1572(d) to include water system facilities as defined in Florida Statutes 153.52(5) and legislative intent for the Board to see if it wants to amend the Code for permitted with conditions on water system facilities.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct staff to provide a report to the Board for legislative intent concerning an amendment to Section 62-1572(d) to include water system facilities as defined in Florida Statutes 153.52(5). Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ADOPTION OF 2002B COMPREHENSIVE PLAN AMENDMENTS
FOR SUBMITTAL TO DEPARTMENT OF COMMUNITY AFFAIRS

Chairperson Colon called for the public hearing to consider adoption of the 2002B Comprehensive Plan Amendments for submittal to Department of Community Affairs (DCA).

Gerard Floyd stated the property for Item 2002B.1 is zoned PIP; a majority of the property owners want to zone their property RR-1 to build homes; recently he purchased two lots; and the intent was to build residential homes in both spots. He noted the lots will end up being his and his son’s to build on in the near future; he does not know the full arguments or issues for not rezoning the property; and one State issue was there was not a good evacuation area, but since that time, there is an evacuation area that goes from S.R. 3 to S.R. 405. He stated there was also a concern of overcrowding; with one owner building one house, the population per lot is still in compliance with the State’s concern; he does not know all the proceedings of how this goes when the Board rezones property; and he would like some direction.

Janina Allen requested her property be rezoned; stated she owns Lot 8; there were some concerns, including compatibility; and AU zoning already exists. She noted she would like her property to be rezoned to AU also; some property owners that would like to have their properties rezoned have to have RR-1 zoning due to the size of their lots; AU zoning requires two and one-half acres or larger; and the compatibility of having a wildlife refuge on Kennedy Space Center (KSC) is far fetched when people are saying there is a problem in her area. She stated KSC is next to the property in question; wildlife comes through the area; and the residents would like to keep it that way and try to get the property rezoned rather than having PIP and a commercial business in the area.

Tony Falanga stated toward the end of 2000, Brevard County administratively rezoned the majority of the subject property; approximately two weeks later at his closing, he found out about the rezoning; the previous owner was not aware of it as well; and he started the procedure for rezoning of his property. He noted during the process, he was only allowed to rezone part of his property due to the difference between the small amendment and large amendment plans; the North Merritt Island Advisory Board suggested the entire subject property of 47 acres, including his property, be rezoned back to AU residential; the Board of County Commissioners recommended staff start procedures on possible rezoning of the 47 acres; and since that time, there have been several issues including one with Air Liquide that wanted to enlarge its plant. He stated the residents met with the Company and everyone came to an agreement; Air Liquide was able to get its rezoning; one of the concerns was compatibility with the Company, which is located across the street; the subject property is separated by S.R. 3, a four-laned divided highway; and another issue is once the parcels start having single-family homes built on them, whether or not the property is rezoned or not, performance standards will increase on Air Liquide either way. Mr. Falanga stated the subject property is zoned PIP; PIP and RR-1 have the same density requirements which allow one house per acre; a single-family residence in this area would not increase or change the density in any way; and another thing about compatibility is the surrounding property. He noted to the east is all agricultural property with homesites on most of it; Cecil Bryan would like his property rezoned back to AU as it is what he thought he bought; to the south is all agricultural property; and the majority of the property owners have either started the process for permitting to build a home or already have put something there. He stated most of the property owners submitted petitions stating they have no problem with the property being rezoned and most of them have plans on putting single-family residences there; the property to the east has been developed with four individual homesites; the property owners of Parcel 505, which is zoned PIP, would like to be included in the potential rezoning to residential; and the change from PIP to RR-1 will lower the daily traffic count on S.R. 3 and decrease the impact on the roads, which was another concern of DCA. Mr. Falanga stated the new KSC industrial park decreases the need for any additional industrial area on North Merritt Island; the North Merritt Island Homeowners Association and most of the homeowners do not want to see any more industrial uses; they would like to see the community stay a community, not an industrial park; the new road that KSC built will allow additional evacuation off of North Merritt Island; and KSC’s recent move of its guard gate to the north will increase the buffer between KSC and the subject property. He noted the rezoning of the property will be compatible with the surrounding property; the density requirements for PIP and RR-1 are the same, so there would be no density changes, which eliminates the concerns of the DCA; rezoning of the property will decrease the traffic on S.R. 3 and possibly reduce the population for evacuation of high coastal areas; and any concerns of KSC and Air Liquide’s proximity will be addressed by Brevard County’s performance standards, whether the property is rezoned or not.

Commissioner Scarborough inquired will the access roads allow access from Merritt Island directly to the mainland and the north by using the route with the new research park; with Mr. Falanga responding yes. Mr. Falanga noted the addition of the road is going to solve a lot of travel problems. Commissioner Scarborough inquired does DCA understand the new road patterns that can develop; stated the County may find people working in the research park who want to live on Merritt Island; and there may be other dynamics occurring that DCA may not fully understand.

Senior Planner Todd Corwin stated as part of his discussions with DCA pertaining to the amendment, he made the point that there was a research park occurring adjacent to the amendment area; and DCA was aware there was potential for a large employment area at that location. Commissioner Scarborough noted the park can be accessed not only from the mainland north, but also from S.R. 3.

Commissioner Pritchard stated the industrial park road is going to be open in June 2003, 24 hours a day; the gate has been moved; this end of Merritt Island would be better served if it were residential and not the PIP designation; the access is off of D’Albora Road; and the property is going to back up to S.R. 3. He noted the property is wooded and has a lot of brush and orange trees, and would be better served if it was given the residential designation.

Commissioner Carlson stated the East Central Florida Regional Planning Council submitted a letter concerning the number of evacuees increasing; it says, “Any increase in the number of evacuees should be discouraged as stipulated in Brevard County policies”; and inquired what is the Council referring to. Mr. Corwin responded within the Comprehensive Plan there are general policies that do not support increase in densities within the coastal hazard area; the comment made by the Council dealt with an incremental increase in hurricane evacuation concerns; it recognized while this was not a large increase in density that incrementally over time it could create an issue; and it was the Council’s concern. He stated staff has attempted to make the Council realize that currently the County can develop residentially with PIP; he does not know how successful staff has been with those discussions; but it has made that clear to the Council.

There being no objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Scarborough, to change the land use from PIP to RR-1 for Item 2002B.1. Motion carried and ordered; Commissioner Higgs voted nay.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Item 2002B.2, amendment to the Future Land Use Element, to add language referencing educational facilities. Motion carried and ordered unanimously.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Scarborough, to adopt Item 2002B.3, amendment to the Capital Improvement Element, to revise language pertaining to the advisory level of service standards for educational facilities. Motion carried and ordered unanimously.

Commissioner Higgs stated there is “should” instead of “shall” on page 21, the last paragraph; and if the Board wants to be more clear to have “shall” instead of “should”, it could make a stronger statement, to read, “Data relating to design capacity and adequacy of the school infrastructure shall be considered by Brevard County in determining whether adequate school facilities are available.”

Commissioner Carlson amended the motion to include “shall” instead of “should” on page 21, last paragraph, and Commissioner Scarborough accepted the amendment.

Chairperson Colon called for a vote on the motion as amended. Motion carried and ordered unanimously.

Commissioner Higgs stated Item 2002B.4 is the Capital Facilities Element; and suggested “water system facilities” be inserted on page 23 in the title of community facilities needs and also in line 3, and add new section F, “Water system facilities as defined in Florida Statutes 153.52, paragraph 5, must be reviewed, approved, and installed in accordance with the Land Development Regulations of the Brevard County Comprehensive Plan.”

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to insert “water system facilities” on page 23 in title of Community Facilities Needs and in line 3; and add new Section F to read, “Water system facilities as defined in Florida Statutes 153.52, paragraph 5, must be reviewed, approved, and installed in accordance with the Land Development Regulations of the Brevard County Comprehensive Plan” for Item 2002B.4, Capital Facilities Element.

Commissioner Pritchard stated he was under the impression that the Board moved on Item IV.D. for staff to come back with an explanation of Florida Statutes 153.52. Commissioner Higgs stated what she moved on Item IV.D. was to request staff to bring back an amendment to the Zoning Code, which would include water facility systems as permitted with conditions; Item IV.E. is the Comprehensive Plan, not the Zoning Code; and her motion is to bring the amendment back for consideration as insertion in the Zoning Code, which is the Capital Improvement Element of the Comprehensive Plan. Commissioner Pritchard inquired what is the purpose of Florida Statutes 153.52 and why is it necessary to include it in the Capital Facilities Element. Commissioner Higgs noted Florida Statutes 153.52 defines water system facilities; and her purpose for inserting it in the Comprehensive Plan is that water system facilities, which may be large, should be reviewed to be consistent with the Comprehensive Plan.

Commissioner Pritchard requested additional information concerning water system facilities as defined in Florida Statutes to see what type of affect it might have on the Comprehensive Plan; and noted perhaps staff can bring something back in two weeks. Commissioner Higgs requested County Attorney Scott Knox obtain the Statute and define for Commissioner Pritchard what water system facilities are as defined in the Statute.

Commissioner Scarborough noted the item has gone to DCA and come back; and inquired when the Board inserts something new, does it have to resubmit and does it start cycle one or can it amend at cycle two. Mr. Corwin responded as part of the adoption process, the County has to identify if there is a change to one of the amendments. Commissioner Scarborough inquired can the Board do these without starting the whole cycle process over again; with Mr. Corwin responding that is correct. Commissioner Carlson stated she asked Attorney Knox about time lines; the issue on the Water Authority may be tabled again; there is time to establish it; and due to the sensitivity issue from the cities, she is concerned that if the Board inserts the language, they may think it is trying to do something that it has not talked to them about. She inquired when is the next cycle for putting in an amendment; with Planning and Zoning Director Mel Scott responding the deadline for accepting amendments is the last of June 2003; and staff would start the process in late spring or early summer. Mr. Scott stated there would be a transmittal package for 2003B back to the Board sometime mid-fall, having already gone through the Local Planning Agency (LPA). Commissioner Higgs noted if the Board was not comfortable with the proposed item, there is no time constraint and it could put off consideration of the amendments for a couple of weeks. Mr. Scott stated with the amendment package, Florida Statutes has a set time that the County has to respond with an adoption package; it is coming up to the end of that; and at this point, it would be either an amendment in this package that identifies to DCA an amendment that was not previously reviewed or the County could put it off until the 2003B package.

Commissioner Carlson inquired when does the Board have to make a decision on whether it goes forward with a water authority, etc. County Attorney Scott Knox responded the water district ordinance would have to be in place in July 2003, as the evidence portion that the County has to submit to the Public Service Commission (PSC) has to be done in August 2003. Commissioner Carlson inquired would doing the addition to the amendment right now help support anything in regard to the effort that is being taken with the water ordinance; with Attorney Knox responding yes, as Commissioner Higgs has asked for a review of water system facilities in accordance with whatever Land Development Regulations the Board decides on. He stated Florida Statutes 153.52(5) says, “Water systems shall mean and include any plant system facility or property and additions, extensions, and improvements thereto at any future time constructed or acquired as part thereof useful or necessary or having the present capacity for future use in connection with the development of sources, treatment, or purification and distribution of water and alternative water supplies, including, but not limited to reclaimed water and water from aquifer storage and recovery and desalination systems for domestic or industrial use, and without limiting the generality of the foregoing shall include dams, reservoirs, storage tanks, . . .”

Commissioner Scarborough stated the Comprehensive Plan process is a long one; if the County goes into the 2003B process, it sends the package in the early fall; it would came back this time next year; and the County may miss the window of opportunity. He noted everything the County has with standing against the Miami Corporation and its activities in the far north reaches of Brevard County is going to be beneficial; and the cities have seen the merits of having a strong County position. He inquired how much time is left before the County has to respond; with Mr. Corwin responding the 60-day window closes in approximately one week. Commissioner Scarborough noted the item could be deferred until the April 10, 2003 zoning meeting if the Board would like additional briefings. Commissioner Carlson noted County staff could contact Attorney Paul Gougelman to let the cities know the Board’s intent and why it is doing same; and if the cities have any feedback they could be included in the discussions.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Carlson, to continue public hearing to consider Comprehensive Plan Amendment 2002B.4 (02B.4), amending the Capital Improvements Element to add language referencing public schools, to the April 10, 2003 Board meeting. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: APPEAL OF ZONING OFFICIAL INTERPRETATION FOR
PROPERTY IN SOUTH BEACHES

Chairperson Colon called for the public hearing to consider appeal by Krocker Land Development of the Zoning Official’s interpretation for property in the South Beaches.

Peter Flotz, representing Krocker Land Development, stated the Company is appealing the interpretation of the Zoning Official regarding the definition of a lot for density purposes; it is not asking for an increase in density or a change in zoning; and depicted the plat and site plan of a proposed project in the South Beaches. He noted the site presently is a restaurant called the Beachfront Inn; it used to be known as Sampertons; it has a striking architecture; and the proposal before the Board is to put condominiums on the property. He stated the site, based on the tax records and original plat, is 1.58 acres; next month is the 110th anniversary of the platting of the lot; it is in Plat Book 1, Page 61; and the issue before the Board is the line on the extreme right of the drawing, which is the platted boundary of the lot. He noted the line in the intermediate area is the mean high water line, which is determined by elevation 2; the discussion today is for density purposes only and if the lot is a platted lot or is it as measured to the mean high water line. Mr. Flotz stated the Company is not claiming ownership east of the mean high water line; it understands it belongs to the sovereign, whether it is the County, State, or federal government; the definition of lot in Section 62-1102 of the Land Development Regulations states, "Lot means a parcel of land shown on a recorded plat or any piece of land described by a deed recorded in the Official Record Books of the County. The mean high water line of natural water bodies will be used in computing lot size and density and the establishment of setbacks for waterfront property in tidal areas”; and the definition of lot, when a platted lot exists, clearly states that one uses the entire area. He noted Mel Scott and his staff have disagreed with his Company respectfully and professionally; it has been a smiling friendly argument all the way to here; staff maintains that using the second sentence, one goes to the mean high water line, which results in a site that is 1.19 acres and gives nine units instead of 12 units; and the Company maintains it has a right for 12 units. Mr. Flotz stated the Company made application originally through its engineer, Ed Fleis; the argument begins with the date of the plat; the property was platted in May 1893; the plat itself vests rights in the property; and for 110 years, to the best of the Company’s and Tax Collector’s Office’s knowledge, taxes have been paid on the 1.58 acres. He noted the Company is not disputing ownership; it has no issue with ownership; it understands that east of the mean high water line ownership results in the sovereign’s interest; however, the Company finds it is inconceivable that the County, in its Comprehensive Planning, planning for evacuation, and planning for future growth, would utilize a line that moves on a daily basis. He stated the mean high water line moves on a daily basis, not just through storm events, but simple tidal changes; the two-foot elevation will move east and west on a daily basis; if today there were hurricanes as last summer that dumped sand instead of taking it away, the Company could conceivably be arguing about the reverse argument; and perhaps it may want to go to the mean high water line as tomorrow it could be east of the plat. He noted it is not fair as the plat is the plat; it has been there for 110 years; since the plat, the County has taken a few actions regarding the property, most of them in the last 20 years; in November 1978, there were parking and fencing variances issued; at that time, applications were submitted; and the recorded plat was used at the time showing 1.58 acres. Mr. Flotz stated in December 1994, there was an administrative approval for the pre-existing land use, the restaurant lounge, and the motel that is on the site today; there were surveys included in the application, but there were no citations at the time for mean high water; in February 1995, the site was rezoned from TU-1-20 to RU-2-8; and in that action there was another survey, but at the time, the County was still using the 1.58 acres when it cited discussions at the Board and staff levels. He noted the Company talked about the advent of zoning in its application; until 1958, there was no zoning in this particular area of Brevard County; the act of platting the property in 1893 overrides the later regulation; and the Company did research based on staff’s suggestions early on about what other counties in Florida are doing to define lots. He stated in most cases, there is silence when it comes to mean high water line; mean high water should be evident; the intent of the regulation and definition as it is was to point out that if one is preparing a plat and defining lots, they do not go past the mean high water line; and the Company agrees with that and would follow that rule on property it buys that is not yet platted. He noted the Company did an analysis in terms of applicability of the proposal to the Comprehensive Plan; there are a number of specific points; septic tanks in the dune and buildings east of the coastal construction line as they exist today are not consistent with the Plan; and consequences of the ruling were also discussed. Mr. Flotz stated the dark lines on the map are building pads of what the Company proposes for 12 units; it meets front, side, and rear setbacks; it is proposing a structure that would exist landward of the coastal construction line; and the existing building that is there today sits in the coastal construction east of the line of prohibition. He noted the septic tanks, grease traps, and sewage transmission facilities that were in the building previously are now exposed in the raw site of the dune; all of it would have to be removed and restored; all development standards are met by the proposal; and the only issue before the Board is what is the lot. He stated the site plan does not vary when talking about nine units or 12 units; the building pads remain the same; and it is only a density issue being discussed today.

Chuck Krocker, representing Krocker Land Development, stated the Company is at odds about the meaning of the definition of a lot; he can understand how staff can take its position; however, the Company believes that has not been the intent of the County. He noted in Section 62-1102 of the Land Development Regulations, the meaning of a lot is clear when there is platted property; the Company has platted property and has had same since 1893; with the plat comes certain rights; and the Company has the right to build the density that comes with the property, and it believes it was the intent of the County at the time the property was rezoned as late as 1995, from TU-1-20 to RU-2-8. He stated there was a certain expectation that there would be a density on the property based on records that are clearly in the County and recorded for public viewing; it is the Property Appraiser’s interpretation of the lot size of 1.58 acres; an interpretation other than the use of the 1.58 acres would be a taking of the Company’s rights; and it meets the development regulations placed before it. Mr. Krocker stated the Company meets the coastal construction line and the other setbacks within the development regulations with the proposal; the Company is not claiming ownership east of the mean high water line as it is clearly in violation of State and federal regulations; and it is requesting the Board consider the interpretation of the lot, which the Company has correctly.

Warren Zorzi stated he owns the property immediately south of the property in question; he may be impacted the most by the property as the house to the north is also built on the existing dune; when he built his house, he was put under certain restrictions also; and he is sure his plat plan extended back through the years. He noted the restrictions put on him were stringent; he had to live within those restrictions; the County’s interpretation of mean high water line should be followed; and he is sure it is for monetary or financial gain that the Company wants to change this. He stated the issue could become a problem down the road; it could snowball into items that are far reaching for the master plan; and the Company should have to live within the restrictions.

Mr. Flotz stated the Company meets or exceeds all the regulations applied by the Zoning Code to a site plan; it has not met with the neighbors as it did not know where it was going with the issue; and reiterated that the only question is how big is the lot.

Commissioner Carlson inquired are the setbacks within the regulations based on 1.58 acres or 1.169 acres. Mr. Scott responded setbacks are not inherently linked to lot size and they are not in this case. Commissioner Carlson inquired was the calculation based on 1.58 acres or 1.169 acres, and is there a different setback depending on the lot size. Mr. Flotz responded the setback does not vary depending on the lot size in this particular zoning; the rear setback is not an issue; and the coastal construction line and line of prohibition would overrule and far exceed any rear setback required. Commissioner Pritchard stated when the Board discussed the mean high water line as a position to refer to placement of a structure, it was because of a concern it had with a structure falling into the ocean if there was a storm of any significance; the Company’s footprint for construction of the building does not change, only the density it would have; it is still going to be located on the same spot, whether there is nine or 12 units; and inquired would the Company make the units smaller to accommodate three more units. Mr. Flotz responded that is correct; how it demised the inside of the building is the only thing that would vary; the shape, height, and character of the building would remain the same; a few more parking spaces would be available for people; and the Company is not asking the Board to allow it to build a building closer to the edge of the water. He noted the issue before the Board today is does the lot end where the County surveyor said it does in 1893, or does the lot end at the mean high water line, which is established by the federal government and surveyors on a daily basis.

Commissioner Higgs requested staff explain the definition of lot as the County sees it in the Code today and how staff is applying it. Mr. Scott responded on page 2 of Mr. Flotz’s report, it discusses the first part of the definition; it describes a lot as, “A parcel of land shown in a recorded plat or a piece of land described by a deed recorded in the Official Record Books of the County”, and it is then stated, “There is no reason to read further”; the County is bound to read the Code and its provisions in their entirety; and the Code recognizes this necessity by also having provisions that speak to the fact that time and again, in a Code that is so voluminous, there may be conflicting provisions. He noted in that instance, staff has to refer to the most stringent and apply it; clearly in a compound sentence, which is the definition, one cannot stop as a reader at that point, the remainder of the sentence states, “The mean high water line of a major natural water body will be used in computing lot size and density and the establishment of setbacks for waterfront property in tidal areas”; and he would be remiss in his duty to see it any other way with the language so clearly stated. Mr. Scott stated the proposed property is waterfront in a tidal area; for purposes of computing lot size and density, the definition of lot states in Brevard County’s Code, “The mean high water line must be used”; it is what the County is doing in this instance; and the property is 1.169 acres in size for the purposes of calculating density. He noted the County would approve a development on the parcel, notwithstanding the other regulations, at nine units and not at 12 units, which the property would yield if the County merely looked at the plat. Commissioner Higgs inquired is it the way staff is applying lot size and density across the County for all kinds of waterfront, whether it is oceanfront or riverfront; with Mr. Scott responding that is correct. Commissioner Higgs stated Attorney Knox has reviewed the definitions of lots; he has met with the Zoning Official and staff; and inquired is Attorney Knox’s interpretation the same as Mr. Scott’s. Attorney Knox responded yes. Commissioner Higgs inquired would there be any relevance to the definition of lot as may have existed in 1893 when the property was platted, or does the County live with the definition in its current Code. Attorney Knox responded the current Code takes into account two different kinds of lots; lots are platted in Suntree, which have no waterfront; the drafters of the Code knew there were waterfront lots on the ocean and river that might be platted into the water; and for those purposes, the County has to consider where the mean high water line is. He noted it will judge how much density one will get, where the setbacks will be, etc.; if it was not the case, one could plot a lot that went to Bermuda and have density that went to the moon; but there is a restriction. Commissioner Higgs stated it was pre-conceived that the County may face that question; the answer is there; and the County has been applying it consistently. She noted she is sympathetic to the issues that the developers have; they have a parcel of land that can benefit from redevelopment; in terms of the impact on the beach systems, she is sympathetic with those issues; but in this case, the Zoning Official has interpreted the law correctly.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to deny appeal of the Zoning Official’s interpretation for Beach Front Inn in the South Beaches, pursuant to Section 62-1101 of the Zoning Code, which contains the definition of “lot”, and in part states, “. . . the mean high-water line of major natural water bodies will be used in computing lot size and density and the establishment of setbacks for waterfront property in tidal areas.”

Commissioner Carlson stated in the applicants’ information, number 6, mentions the consequences of the ruling, the Bert Harris Private Property Protection Act, the definition of inordinate burden, and applying their case to that; and requested Attorney Knox give the Board a brief summary of where the court stands on the application of what the applicants are saying might be a ruling. Attorney Knox responded the Bert Harris Act applies to newly adopted regulations.

Chairperson Colon called for a vote on the motion. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: REQUEST FOR DETERMINATION OF VESTED RIGHTS FOR
MML VENTURES

Chairperson Colon called for the public hearing to consider a request for determination of vested rights for MML Ventures.

Planning and Zoning Director Mel Scott advised that the applicant submitted a letter requesting the public hearing be continued for two weeks; the City of Cocoa is expected to annex the property tonight at 7:00 p.m.; and the letter states if the annexation occurs tonight that the applicant will withdraw the application.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Pritchard, to continue the public hearing to consider request for vested rights determination to allow MML Ventures, Inc. to fill and excavate wetlands within a 67-acre AU-zoned property to the April 22, 2003 Board meeting. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE CREATING SPECIAL WATER AND SEWER
DISTRICT WITHIN UNINCORPORATED AREA OF BREVARD COUNTY

Chairperson Colon called for the public hearing to consider an ordinance creating a special water and sewer district within the unincorporated area of Brevard County; and stated there has been a request to continue the public hearing to May 6, 2003.

The Board continued the public hearing to consider an ordinance creating a special water and sewer district within the unincorporated area of Brevard County to the May 6, 2002 Board meeting.

DISCUSSION, RE: AMENDMENTS TO FLORIDA HOUSE BILL 1217

TiCo Airport Director David Edwards stated the codification language was presented to the Legislative Delegation in December 2002, with some requested modifications in January 2003, at which time the Legislative Delegation approved the Codification Bill. He stated in the memorandum, there is a reference to the Titusville-Cocoa Airport Authority collecting one-half mill on all taxable real property; while it has the authority to collect up to one-half mill, with approval of the Board, currently it only collects 5% of the one-half mill; and there is a proposal in Tallahassee to amend the language with three substantive items proposed. He noted the first item is to remove references to the municipalities within Districts 2 and 4; it is similar language that was originally proposed by the Authority; however, at the Legislative Delegation meeting, there was some opposition to the proposal; and the language was changed back to the original language to leave the municipalities in there as originally written. He stated there was a decision with the District 1 Commissioner to move one of the appointments to the City of Titusville; but as it relates to Districts 2 and 4, it remains the same. Mr. Edwards stated the second amendment relates the Authority’s at-large position being a non-commercial tenant of the airports; it is problematic; and he had discussions with several Commissioners previously due to the potential conflict of interest by having an airport tenant sit on the board. He noted the definition of a non-commercial tenant is not identified; and if the Board’s decision is to try to move something in that direction, it needs to be identified. He stated the third amendment would provide for the ability of all seven appointees to be subject to reappointment upon enactment of the new law; and it appears to be an effort to circumvent a long-standing practice. He stated there may be a State law or issue that the County Attorney may want to address relating to Authority members being entitled to fulfill their term, unless they are removed by the Governor himself; if so, there would have to be some actual just cause for that removal; what is being proposed would enable all of the Authority board members currently serving to be removed from their positions and reappointed; but it does not mean they would be, but it does give that ability. He noted the Authority board has gone through several board member changes over the last 18 months; the board is well diversified; and to destroy the continuity that has been established with this particular provision would seem to be counterproductive.

Maureen Rupe stated page 24, Section 22 states, “The Board of County Commissioners of Brevard County, Florida and the City of Titusville, Florida are hereby authorized to regulate the height of structures and natural growth in the vicinity of airports to create approach zones and other zones for airports, and to adopt airport zoning regulation for airport hazard areas. In adopting such airport zoning regulations, the Board of County Commissioners and the City of Titusville are authorized to make them applicable only to lands within the Titusville-Cocoa Airport District or to the County as a whole.” She inquired can the City of Titusville come out of its city limits and have authority over the rest of the Airport District.

County Attorney Scott Knox responded he cannot answer Ms. Rupe’s question defendably; it is ambiguous on that point; the general law reserves jurisdiction to the County in the unincorporated area and the City in the City; if it could be construed to authorize the City to adopt regulations that would apply in the County, it might be construed as superseding the general law because it is a later special act.

Commissioner Scarborough stated Ms. Rupe is addressing some of the issues surrounding the Enchanted Forest, which is now in the City of Titusville. Ms. Rupe noted the City’s Ordinance regarding the Airport addresses the Enchanted Forest; and it will not be cutting anything in the Enchanted Forest unless by Florida Department of Transportation (FDOT) or other State agencies. Commissioner Scarborough stated if the concern is the Enchanted Forest, the City already has jurisdiction over it since it is in the City. Ms. Rupe noted her concern is whether or not the City has authority outside of its jurisdiction to the rest of the Airport District. Commissioner Scarborough stated what Ms. Rupe is bringing up is scary; the Canaveral Hospital has something that is wild and it becomes a super authority above all other jurisdictions; and some of these things need to be read carefully. He noted the issue has already moved forward; Commissioner Pritchard has an item for discussion; and requested Attorney Knox review the issue and send a memorandum to the Commissioners.

Commissioner Higgs stated it could be a problem either way with the County assuming it has the power within the Ti-Co Airport Authority to adopt all kinds of regulations even though it might be in the City. Commissioner Scarborough noted normally one would not look to a special act to extend the jurisdiction; and the County needs to address the Canaveral Hospital issue sometime. Commissioner Higgs stated there are troubling things in the Special Act for the Hospital District which allows it to operate outside of its jurisdiction; the Bill is vague and potentially a real problem because it gives the County some powers that it does not have today and may give the City powers as well; and she is not sure anybody has read it from the standpoint of that provision.

Commissioner Carlson noted she assumed the wording in the Bill has always been the case, and it is only being re-codified. Commissioner Scarborough stated there have been a number of issues that have moved around this; there was a requirement that with the appointments from District 1, one would come from the City and one would come from the County; the City would like to make its appointment directly; the change has been incorporated and moved through; and Commissioner Pritchard proposed to touch four other cities where appointments did not have to come from there.

Commissioner Pritchard noted when Representative Ralph Poppell was contacted regarding the codification of House Bill 1217, there were certain issues that needed to be addressed; the direction that came back was that it needed to be worked in conjunction with the affected cities and the Board to show that there is a unity; the timeline has been constrained and it has been difficult to get the information out to the cities to get a response back timely; and he only has one response in writing from Cocoa Beach that supports everything he has recommended. He stated Cape Canaveral Council does not meet for another week; he has not heard from the City of Cocoa officially; he had a telephone conversation with the Assistant City Manager of City of Rockledge; and he spoke to Mayor Swank in Titusville. He noted he has nothing in writing other than from the City of Cocoa Beach; he spoke to Representative Poppell yesterday; the bill is currently moving through the House; and he suggested postponing the issue until next year as it does not have to take effect until 2004; but Representative Poppell was uncomfortable with it. Commissioner Pritchard stated he has not spoken to Senator Posey; there are a lot of issues concerning House Bill 1217 that have not been fully addressed; and he would rather do something on a delayed basis properly than implement something that might create more problems down the road and then try to make adjustments. He expressed concern that the Board may be doing something inappropriate by allowing the item to go forward with an assumed consent when it has so many concerns; and noted perhaps it is better to ask that the issue be postponed until next session so it can be implemented at the time it is supposed to be, in 2004.

Commissioner Higgs stated the Board may want to share its concerns about Section 22 as it seems to be ambiguous; and she would not want to suggest further changes to Senator Posey. Commissioner Pritchard stated the bill has not passed the House; it has gone through two committees; it has to go to a third committee; and then it goes to the House floor. Commissioner Carlson noted if there is no Senate sponsorship the bill dies. Commissioner Higgs stated it is her understanding that the bill is going to the House floor today; and the Board could send a letter to Representative Poppell and Senator Posey expressing its concern about Section 22. Commissioner Carlson noted the Board could request in the letter that the bill be postponed. Commissioner Pritchard stated he read the bill and did not pick up on what Ms. Rupe brought forward; and there could be other items that are not flagged. Commissioner Scarborough noted Ms. Rupe is concerned about the Enchanted Forest; the issue is when the County used State funds it had to pass title to the State; it is the Trustees Internal Improvement Fund, the Cabinet of the State of Florida; and while the County may be managing it, it has to maintain a good relationship with those people and cannot get out in front of them. He stated while the Board can pass local ordinances, etc., unless the Cabinet of the State of Florida wants to get involved in the cutting of trees, he is going to adamantly oppose it, as the last thing he wants to do is put himself at odds with the Agency, which has been so generous with State monies to help Brevard County acquire lands. He noted if the Board wants to express its concerns over the one paragraph, he does not have a problem with it, but he does not have any magic words to insert.

Commissioner Pritchard stated one of the instructions he was given was that it would require a 30-day notice to advertise if there is going to be major amendment changes; it would take it out of this year’s session; it could be the case regarding Section 22; but if it is appropriate to do that, it is something that does not have to go anywhere until next year. He reiterated it may be prudent to do it correctly the first time instead of making knee-jerk reactions.

County Manager Tom Jenkins stated the original intention that the language was written vaguely was probably because the Board could exercise direction over those areas it currently has jurisdiction over; the City would exercise jurisdiction over its incorporated boundaries; but it does not say that. He stated if the Board wants it to say that, perhaps Attorney Knox could come up with some language.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to authorize the County Manager to send letters to Florida Senators and Representatives expressing the Board’s concerns with ambiguity in House Bill 1217, Titusville-Cocoa Airport District (TICO). Motion carried and ordered unanimously.

REPORT, RE: CAPE CANAVERAL HOSPITAL BILL

Commissioner Higgs inquired does Commissioner Scarborough plan to discuss the Cape Canaveral Hospital item. Commissioner Scarborough responded he does not know when the appropriate time would be; perhaps the Board could discuss it at the end of the meeting; a taxing authority is being created, an entity of the State, that has super authority over all municipalities and the County; and it could act without any regard to the Comprehensive Plans and condemn lands any place within the County.

Commissioner Pritchard stated Commissioner Scarborough heard one side of the issue; there is nobody here for the other side; and suggested the item be brought back at the Board’s next regular meeting in two weeks to have both sides of the issue addressed to see what the affect of creating the special dependent district would be.

APPROVAL TO ADD TO 2003 LEGISLATIVE REQUESTS, RE: LEGISLATION OPPOSING
INCREASE IN HEALTH CARE RESPONSIBILITY ACT CAP AND SHIFT TRAUMA
CENTER COSTS TO COUNTIES (SENATE BILL 696)

Commissioner Scarborough stated he expressed concern the last time with this item and still has concerns; but he will vote with the Board on it; trauma centers are a fundamental need of the area; and if things begin to occur, Brevard County could end up without any trauma centers. He stated the County needs to respond; and he will vote with the Board on the funding methodology because it cannot let the demise of the quality of life of the community occur due to lack of funding for critical services.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve proposal opposing legislation to increase the Health Care Responsibility Act (HCRA) Cap and Senate Bill 696, Shift Trauma Center Costs to Counties; and authorize staff to forward the proposal to the Brevard Legislative Delegation and Lobbyist Guy Spearman. Motion carried and ordered unanimously.

The meeting recessed at 12:15 p.m. and reconvened at 1:00 p.m.

REQUEST BY ROBERT KEIM, RE: EXEMPT FEDERALLY LICENSED AMATEUR RADIO
OPERATORS

Robert Keim stated he is a federally-licensed extra class amateur radio operator; his family is active in the Titusville Amateur Radio Club and Amateur Emergency Radio Service (AERS); emergency communications and amateur radio service have recently gained major attention worldwide for the benefits and services provided by the amateur radio community due in part to the current climate of world crisis and newly-recognized confrontations with terrorism. He stated the United States is involved in Iraq; the war on terrorism began due to the events of September 11th, and there are ever-increasing frequency of natural disasters including, but not limited to, floods, hurricanes, tornadoes, etc. He noted the amateur radio service has become more heavily relied upon than at any point in its history; in the words of the federal government, the amateur radio service was created to establish a pooled resource of skilled, trained, and licensed emergency communicators and electronics experts available as volunteers at no cost to government or the taxpayers, and to further the development of communications abilities, electronics technologies, and serve as emergency communicators in times of natural disaster, emergencies, or in times of war. Mr. Keim stated people and communities strive to be prepared for emergencies, natural disasters, response to support the troops, homeland defense, and terrorism; in this heightened time of alert and preparedness, everyone realizes the necessity and importance of the amateur radio service and the need to strengthen the abilities of this volunteer public service benefit; and that is why the amateur radio operators come before the Board today with a request to help strengthen and prepare the Amateur Radio Emergency Communications’ abilities in Brevard County. He requested the Board’s support on behalf of the more than 3,200 amateur radio operators in the County, many of whom are not currently in compliance with two County Ordinances relating to antennae height rules. He stated the operators come on behalf of many area residents that have expressed support and concern for protecting the safety and security of all the residents of Brevard County by strengthening the abilities of the areas volunteer emergency communicators; such communicators are the federally-licensed amateur radio operators; the Ordinances seriously diminish the overall capabilities and effectiveness of licensed amateur radio operators; and such Ordinances include Sections 62-2129 and 62-1953. Mr. Keim noted in researching the minutes leading to the drafting of the Ordinances, it became apparent to him and others that the concern for the safety of the citizens and the aesthetic quality of life were big factors in the discussions; a massive growth of commercial cell towers and other support gear for commercial wireless industries in the County was the apparent reason for the creation of the Ordinances; but in those discussions, federally-licensed amateur radio operators were mistakenly overlooked; and he could find no reference in the minutes where amateur radio as a public service and benefit was considered, nor could he find any debate on the damage this rule-making could potentially cause to that service, which has traditionally provided, free of charge, countless man hours and billions of dollars in assets to the respective communities of its operators. He stated the operators, as a public service group, have become aware that emergency communications abilities will be severely diminished, and the citizens’ safety may be jeopardized due to continued enforcement of the two Ordinances against licensed amateur radio operators; the cost of complying with the Ordinances is prohibitive to the bulk of amateur radio operators; and the process itself is difficult for the average person to achieve. He stated the Ordinances as written will steer many of the current licensed amateur emergency communicators away from continuing to provide such a valuable free resource to the County; and it may serve to deter younger, newly-licensed amateurs from entering the emergency communications arena due to financial inability to comply with the County Ordinances, while attempting to establish an effective federally-licensed emergency station. Mr. Keim noted the Ordinances provide 35-foot height maximum for non-commercial antennas or antenna supports; it has been shown by many communication professionals and argued successfully in the legal arena, that this is not an effective height for line of sight or high frequency communications, which are the primary types of communications used during an emergency or disaster response; the only current way afforded Brevard County licensed operators to achieve effective communications’ abilities in the County to better serve the community, involves a cost-prohibitive application; and the federal government has codified part of Chapter 97 of the Amateur Service Rules, that the decision for height rests with federally-licensed amateurs with a reasonable request for notification and approval by the Federal Communications Commission (FCC) for antennas and antenna supports that would exceed Federal Aviation Administration (FAA) lighting requirement heights and/or may impact the property of historical importance or significant national value. Mr. Keim stated the federal government established statutes and declaratory rulings suggesting the value of amateur radio be recognized and protected by local governing bodies while considering creation of ordinances that would affect the abilities of licensed amateur radio operators in relation to antennas and antenna supports. He stated the federal government also stated that local governing bodies must use minimum practical regulations to meet their intended goals so as not to damage or preclude the effectiveness of the amateur radio service; and this has been reaffirmed by Florida Statutes, stating the same facts and requiring the same minimum regulation for antennas support structures related to amateur radio service. He stated federal regulations have been enforced since the beginning of amateur radio service and licensed amateurs must adhere to those rules to remain licensed. He noted the state statutes are appearing across the United States to reaffirm the importance and necessity of protecting the public benefits derived from licensed amateur operators and to address the growing concern for legislation at the local level aimed at commercial wireless service providers, but also unintentionally including volunteer public servants in sometimes costly legal challenges and inability to financially achieve compliance. He stated the protection of the amateur service has been drafted into many pieces of legislation from all levels of government; several examples have been provided to the Board; and the amateur service has demonstrated its abilities over its entire history of being a reasonably regulated, self-policing and complying service, with most direction and regulations stemming from the stringent regulations already required to operate as a licensed operator. Mr. Keim stated operators must follow federal law and demonstrate skill and abilities in matters such as safety, proper equipment operation, proper electronic safety practices, antenna mounting, support structures, etc.; and all of those issues have to be demonstrated and proven through testing in order to earn a federal amateur radio operator and station license. He stated the United States Congress realized the value of amateur radio service, the importance of keeping the costs involved in participating in the amateur radio service at the very minimum, and what a great benefit to society the implementation and furtherance of the amateur radio service has become; and local ordinances increasing restrictions beyond the federal level has served in many instances only to diminish the capabilities and the benefits that the amateur service provides to all residents. Mr. Keim stated some examples of licensed amateur radio operators providing a public service benefit in the past and present that the Board may or may not be aware of include the following: (1) during hurricanes and local storms when the phones are down and not available, amateur radio has protected the elderly by assisting and coordinating resources for evacuation, special needs, and obtaining medical care that would be unavailable without the amateur radio services’ participation, help locate and direct evacuees, and participates often in damage assessment for local, state, and federal agencies; (2) during the wildfires, amateur radio provided most of the much needed interagency communications, coordinated relief efforts and schedules, and delivery of much needed supplies; and (3) currently in the war and liberation of Iraq, it is amateur radio, specifically the Military Affiliated Radio Systems (MARS) Program that is providing messages and communications between families and loved ones of the troops fighting for everyone’s safety, keeping morale high, and strengthening the military’s ability to protect the citizens. Mr. Keim noted amateur radio is also playing a huge role in homeland defense and the war on terrorism by backing up agencies’ communications and being the eyes and ears for local law enforcement and high profile public events, including the shuttle launches. He stated there are many city and county governing bodies that have looked into this matter and realize the need to protect the amateur service as a valuable cost free tool available to them in moments notice during times of need; the combined steel and equipment of amateur radio operators have provided those benefits time and time again through crisis and emergencies; and amateur radio is not just a hobby, it has always been and will continue to be the silent backbone of most emergency communications efforts during response to natural disasters or emergencies. He stated amateur radio is an on-call and ready group of volunteer public servants that are available 24 hours a day, seven days a week, 365 days a year, with no sick time, no holidays, no paid vacation time; federally licensed amateur radio operators and volunteer emergency communicators are not allowed by federal law to earn money in relation to their services; they all participate for many reasons, including the self-satisfaction and gratification of doing something beneficial for the community and their own fondness for and desire to further and enhance radio communications and electronics technology; and the time operators spend enjoying amateur radio was designed to further enhance and develop those skills and fine tune the equipment that will eventually be used in support of many served agencies during a natural disaster or emergency response. Mr. Keim noted when other avenues of communications fail, as has happened many times in the past, amateur radio has already been there as an effective, cost free asset to the community; and urged the Board to consider that many cities and counties all around the country, but especially in Florida, have already realized the benefits of amateur radio and have taken measures to protect this valuable resource and its operators by enacting exemptions similar to what the radio operators are asking today. He stated he has provided 12 examples of exemptions already in existence in surrounding communities; the existence of these exemptions to ordinances of surrounding counties and local governments demonstrate there is already legal precedence for granting an exemption for federally licensed amateurs in Brevard County; many residents that are not licensed amateurs have also supported this exemption and have signed some of the petitions the Board currently has; and they have voiced their opinion to reinforce and demonstrate to the Board their support of an exemption being granted as they are aware it jeopardizes their safety. Mr. Keim requested the Board approve an exemption for federally licensed amateur radio operators from the two Ordinances that are diminishing the emergency communications abilities; stated the Board will correct an oversight that will protect and benefit all Brevard County citizens; and requested its assistance in creating a simple solution to the matter that will go a long way in strengthening the emergency communications capabilities in the County.

Stephanie Phillips stated she is an American Radio Relay League Public Information Officer for the County and President of Brevard Emergency Amateur Radio Services (BEARS); she represents over 3,000 federally licensed amateur radio operators currently residing in Brevard County; of the 3,000, over 600 volunteers have registered with BEARS to provide their special skills and services to the County in the event of an emergency or disaster; and the volunteers will respond to both manmade disasters of terrorism, arson, or chemical spills, and natural disasters of hurricanes, tornadoes, and fires. She noted since November 1996, BEARS has had a signed Memorandum of Understanding with the Office of Emergency Management to fulfill all Radio Amateur Civil Emergency Services (RACES) functions in support of emergency support function 2 communications; BEARS is a part of the County’s Comprehensive Emergency Management Plan; and Mr. Keim is one of the volunteers the radio operators will be counting on to provide effective emergency communications during an emergency or disaster. Ms. Phillips stated the filing fees and any potential survey or engineering assessment costs associated with the current County regulations are excessive and a significant impediment to volunteer emergency communications activities by amateur radio operators in Brevard County; this issue may negatively impact the effectiveness of amateur radio volunteers in the event of an emergency or disaster because the frequencies on which most of the County’s volunteer emergency communications take place, which are the very high frequencies and ultra high frequencies, are referred to as line of sight communications; and there must be no obstructions between the transmitting and receiving antennas, as trees, buildings, mountains, and other obstructions will interfere with VHF and UHF signals. She noted also to be considered when designing a good communications link between two VHF/UHF stations is the curvature of the earth; if the transmitting and receiving antennas are too far apart, unlike high frequency transmissions, which are reflected back to the earth by the ionosphere, the VHF and UHF signals are lost; VHF/UHF antennas must be higher than surrounding obstructions and in line of sight of each other; and many emergency communicators, including the County’s 800-megahertz system, rely on the use of hand-held radios. Ms. Phillips stated that is why the County’s Emergency Operations Center’s (EOC) antennas are on top of a 400-foot tower and why most amateur radio operators who are involved in volunteer emergency communications want to put up antennas which clear surrounding obstructions. She stated they want their antennas to be available, in line of sight, to the emergency communicator on the ground with a hand-held radio; and the volunteer emergency communicators want to effectively communicate with the EOC from their communities, but the permitting costs are prohibitively expensive. She noted many counties in Florida and many states do not have these restrictions on the antennas and towers used by the federally licensed amateur radio operators; they have encouraged amateur radio involvement in emergency response communications, especially since the events of September 11, 2001; the Board, in its efforts to control the proliferation of new cell towers and to reduce the number of unused towers, has neglected to recognize the restrictions it has placed on federally licensed amateur radio operators; and by its actions, both the raising of the fees associated with the application for a CUP, and by also requiring a CUP for antennas and supporting structures over 35 feet, it has inadvertently had a negative effect on its volunteer emergency communicators ability to respond to an emergency or disaster. Ms. Phillips stated the Board has an opportunity to correct this oversight by favorably considering Mr. Keim’s request to exempt federally licensed amateur radio operators from these restrictive Ordinances.

Dr. Tom Ratner stated he was a lieutenant with one of the State agencies during Hurricane Andrew; his first job at daylight was to assess the situation with the State police antennas in South Dade County; it was well stricken with the Hurricane; when he left his home, there was damage to it from the Hurricane; and he lost his front doors and a lot of equipment, including some of his amateur radio equipment. He noted rain does not do well with electronics; on his way out, he saved two lives as there was a gas leak; he examined two radio sites; and the only thing left standing were two concrete pads six inches off of the ground. He stated the antennas were gone; they were a mangled mess one quarter of a mile away; the antenna equipment which are the transmitters and receivers on the ground for the repeaters, were non-existent; and nobody has found them yet. He noted the blue light racks off of the rooftops of police cars were never found on some of them; boats also disappeared; he spent 10 days away from his home assessing the situations in the two-county area; and being a supervisor with the law enforcement agency, he had to make sure there were communications. Dr. Ratner stated the initial communications came from dropping a long wire antenna out of a helicopter to get State repeaters functioning in South Dade County; being an amateur radio person for the last 35 years, he lived in the City of Coral Gables which has many restrictions; he had a 50-foot tower next to his home in the two residences he had in southwest Dade County; and he was told he was exempt because he was an amateur radio person and he had communications with his law enforcement agency, which is one of the main agencies in Dade County. He noted communications are probably one of the most important things a pilot can have, as well as a citizen; the duties they perform as amateur radio people are significant; without amateur radio people for Hurricane Andrew, the people would have been in worse shape than they were in Miami-Dade County; and the hurricane situation is only one of many. Dr. Ratner stated there were volunteers from Miami-Dade County that helped out with the 1998 wildfires in Brevard County; he was one of the volunteers; the highest tower in Miami-Dade County for amateur radio is 1,400 feet above sea level; and he can be in Marathon, Florida and talk from his car to the north end of Palm Beach County from the repeater. He noted Miami-Dade County Emergency Operations System would not be functioning well without amateur radio personnel and the high towers that are used on a daily basis; he is a member of the ARES and RACES operation in Miami-Dade County; he is a disaster services person with the American Red Cross and its communications operation; and he is also a volunteer at the National Hurricane Center as a radio operator under the same program. He implored the Board to not put a restriction on antennas as it would restrict safety; stated Hurricane Andrew was a catastrophe in Miami-Dade County; he escorted approximately 2,000 vehicles in the course of the hurricane situation; and without volunteers from the amateur radio community, Dade County would be in worse shape. Dr. Ratner requested the Board not put restrictions on antenna towers for licensed amateur radio people; stated they have gone through a lot of hard work to get the licenses; and the equipment runs into thousands of dollars.

Nelson Guadalupe stated MARS is a team that supports the men and women at Patrick Air Force Base and worldwide; its job is to provide them with morale, welfare, and emergency traffic globally on a military frequency, utilizing the antennas and towers from home; MARS has permission from Department of the Air Force to do so; and it gave instructions and trained the people. He noted when a pilot is going to or from the desert, he wants to know about his wife who is about to deliver their baby; sometimes they have the pleasure of communicating from the airplane to the hospital by a phone patch, which connects the radio to the telephone; emergencies occur every once in a while; MARS is utilized because other military channels are being occupied; and MARS conducts various communications day in and day out. He stated he has the ability to speak a few languages, Spanish being one of them; when a hurricane devastates the Caribbean, people call on him to speak in Spanish to the amateur radio operators to get notices back to their families in the states, some of which are in Florida; and MARS needs the Board’s support and the antennas to communicate and assist people. Mr. Guadalupe stated MARS supports the men and women serving the country; and they appreciate what MARS does for them.

Dan Fisher provided copies of a petition with 35 signatures supporting Mr. Keim’s presentation to the Board, but not the Clerk; stated Palm Bay, along with Melbourne and some of the other municipalities, have exempted amateur radio structures; everyone has heard about FCC Regulation 97.15 that states amateur radio structures may be erected at heights and dimensions suitable to accommodate amateur service communications; and the FCC and federal government have stated that amateur radio is a service, and the people are expected to perform a public service. He noted Florida Statute 125.561 requires counties to adhere to the federal regulation; there is also a companion statute that deals with municipalities; municipalities are also required to adhere to it; and the Department of Homeland Security has recognized the importance of amateur radio communications to the extent that it is providing funding for amateurs to take courses in emergency communications. Mr. Fisher stated amateur radio operators work with ARES, MARS, Civil Air Patrol, American Red Cross, Salvation Army, and the National Weather Service (NWS); Palm Bay has a disaster communication service that utilizes amateur radio; there were severe thunderstorms approximately one month ago; and amateur radio operators set up an emergency network and provided information about the storms to the NWS via the NWS’ sky warn net. He noted the Boy Scouts and Girl Scouts are involved with amateur radio; amateur radio operators provide professional quality communications to the community; the City of Palm Bay has purchased amateur radio antennas for its fire department vehicles; and the City’s police and fire departments have many amateurs, both on paid staff and volunteers. He stated there are several employees taking classes to earn their amateur radio licenses; Commissioner Scarborough talked about Brevard County competing against the world; amateur radio is part of this world and part of communicating with the rest of the world, particularly in times of stress; Commissioner Pritchard spoke about eliminating expensive permits for private docks that are less than 100 feet as the fees for the docks are excessive; and the same is true for the current County regulations as being excessive and hindering amateur radio communications.

Emergency Management Director Bob Lay stated amateur radio operators are an integral part of the County’s Comprehensive Emergency Management Plan and the Emergency Support Function 2; in the Plan, the operators do a lot of the planning and support for backup communications in the event the County was to lose communications or additional communications are needed; when there are major storms, the radio operators go to the emergency shelters with their radio equipment; and they communicate to the Emergency Operations Center (EOC) or the center where they are working. He noted the operators also go to the police departments, fire stations, hospitals, and special needs shelters; his office tries to get the radio operators to go to all of the places where they would be needed; the operators provide immediate response and answers in certain situations; and such operators are located at city EOC’s, the County EOC, and any place there is a critical node and communication is needed. Mr. Lay stated this morning there was the launch of a Titan 4B; there were amateur radio operators at the EOC; in the event something were to go wrong, there was an additional way of alerting and warning the citizens throughout the County; and the operators participate in all of the launches and provide a tremendous service. He noted the major service performed is the ability to help his office make decisions for recommendations to the Board during emergencies and disasters; it is critical to have as much information as possible; and it is also critical to have the situational awareness that is provided through amateur radio and emergency radio services and clubs.

Chairperson Colon read aloud a letter dated October 13, 1992 from previous Governor Lawton Chiles, as follows: Dear Mr. David Sumner: On behalf of the State of Florida, I am writing to thank the many amateur radio operators who assisted in the Hurricane Andrew relief effort. Hundreds more assisted at their home stations around the country, passing health and welfare messages to concerned relatives of south Floridians. The amateur radio service can be proud of its members, who time and time again serve the country unselfishly. The State of Florida owes them a debt of gratitude and thanks.”

Commissioner Carlson inquired if all communications were down in Brevard County and it was left with the amateur radio operators, how would the information get to the general population once the operators were communicating, and could the County use the National Oceanic and Atmospheric Administration (NOAA) weather radio alert system. Mr. Lay responded the NOAA system could be used if it is still possible to transmit; the Melbourne Weather Station also uses amateur radio as well; there is the ability to communicate specifically to Melbourne weather; and many of the men and women are sky watch spotters that exist for NOAA weather radio. Commissioner Carlson stated it is an intricate part of the current emergency operations plan; there has been talk about antennas of various heights; there is a listing of many communities that have exempted the tower height, etc.; and inquired can the existing communication towers be used for cell phones and have repeaters put on them, and would it help radio operators. Mr. Lay responded he is not a specialist in that; and Mr. Conklin from Communications can answer the questions better than he can.

Mr. Keim stated one of the biggest issues that needs to be clarified is that it is not cost effective or open as an available option for regular licensed amateurs to share County and government facilities for placement of antennas; the benefit that is derived from amateur radio is due to the mass of operators all having emergency communications abilities; if one repeater is set up on a tower and a tornado comes through and takes down that repeater, nothing beneficial has been established; and a 1,400-foot height antenna is a government antenna. He noted the federal government has said 200 feet is the cap without costly prohibitive attempts; it will ask operators to come to it and have a site plan evaluation, an evaluation of national historical value, and an effectiveness and FAA lighting survey; and it is all done through the federal government as part of current Part 97 Rule. He stated no two stations require a set height; it is why most cities and counties are starting to move to an exemption based on federal law; 200 feet is a reasonable height and no amateur is going to risk his own status in the community by building some enormous antenna 1,400 feet in the air as it is not necessary; and if it were it would be coordinated through the Board.

Commissioner Higgs stated it is good to see so many people who have served the community and believe in the democratic process; when the Board first looked at cell towers some years back, neighborhoods were concerned about towers; the responses from the Board and across the country to the proliferation of towers were a series of ordinances that have set up restrictions; and what is clear is that the Board needs to look again at the amateur part of the operation. She noted the meeting room would be filled if the 1,400-foot tower went in a neighborhood; there are ways to go about the process of evaluating the current conditions for cell towers, which seem to be inappropriate for amateur radio towers; the Board may need to have some other conditions that would relate to the amateur process; and the Zoning Code includes things such as permitted with conditions and other avenues. She stated the County needs to look at what it is doing with cell towers and re-craft how it should deal with amateur towers; it would not be fair to allow neighborhoods to see a 1,400-foot tower; and there needs to be a mechanism in place that is easy, cost-effective, and appropriate for amateur towers. Commissioner Higgs noted staff could come back with provisions to apply to amateur radio towers that would not be a part of the cell towers and would allow some conditions to be established, but not put it in the same category as cell towers; and the process would start with a staff report. Commissioner Carlson stated education is critical to communities as to the asset they may have with amateur radio operators who are trying to do some of things discussed today; and they may get over the bad feelings with a certain type of tower versus a cell tower.

Chairperson Colon stated the Board is receptive to what the radio operators have communicated today; it is willing to consider the issues and review the options; and a staff report will come back to the Board.

Commissioner Pritchard inquired how tall is the average backyard antenna; with a representative of the amateur radio operators responding 40 to 60 feet. Commissioner Pritchard inquired have there been any complaints from the neighbors; with the representative responding no. Commissioner Pritchard stated everyone appreciates the volunteer effort, expense, and time that amateur radio operators incur performing a community service; what usually starts off as a hobby becomes much more than that; and he is sure they spent a tremendous amount of time working with the community in a variety of events. He noted the County is on board with the radio operators; the height limitation and cost of the permit fee is most likely not going to happen as the operators are too valuable an asset to put this type of burden on them for the service they perform; but the County has to go through the public hearing process.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to direct staff to come back with a report that would give the Board options to the current cell phone tower restrictions being applied to amateur radio, and a new mechanism to set some permitted with conditions or conditional uses, and proposed amendment to the Ordinance. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to direct enforcement of the Code be held in abeyance during consideration of the amendment, which does not mean there will not be enforcement if the Code comes out differently in the final analysis. Motion carried and ordered unanimously.

Chairperson Colon inquired when will the report come back to the Board; with Planning and Zoning Director Mel Scott responding 30 days. Commissioner Higgs inquired is there a Local Planning Agency (LPA) meeting prior to that as the people present today are strongly in favor of the issue. Mr. Scott responded the Board could recognize a report that lays the general framework, which could go to the LPA; and he would be hesitant releasing a report and having it debated in the LPA without the Board first seeing it. Commissioner Carlson stated staff could do legislative intent with options, send it to the LPA for its recommendations, and provide the recommendations to the Board. Mr. Scott explained the process to the amateur radio operators present.

The meeting recessed at 2:00 p.m. and reconvened at 2:06 p.m.

BOARD DIRECTION, RE: ENFORCEMENT OF BUILDING CODE AND OTHER
VIOLATIONS ON VACATION ISLAND PLAYGROUND

Ray Ankrom stated he is a property owner on Vacation Island Playground (VIP), formerly known as Grant Farm Island; and expressed appreciation to County staff for the time and effort it has expended on the issue. He noted the staff report mentions 41 structures that do not comply with some of the Zoning Codes; the majority of the owners bought the dwellings without the disclosure that they had Code violations; there are a couple of people who created their own violations; and he agrees with staff’s assessment of the situation. He requested the Board adopt the assessment of staff to delete Chapter 16, Article 14 of the Code.

Charles Palmer stated staff has done a credible job with a difficult situation; VIP is a special place and is unique, not only in Brevard County, but the State of Florida; it has had a lot of bureaucratic attention relative to its square footage; and staff’s recommendation is an appropriate one. He noted hopefully the new regulations will let him do something on his property; some of the structures that are 1,800 and 2,000 square feet have health and safety issues; if the County restricts the next door neighbor who wants to build something that is 1,000 square feet, it may be a taking of value from the person who wants to build; and he and his wife would like to increase their square footage on their property as they have grandchildren. Mr. Palmer inquired what do the new restrictions do and how does one move forward and stay within the law.

Joann Mann stated she and her husband are part-time residents of Lot 13, Block B, VIP; they have another residence in Grant; they have owned the lot 18 plus years and started building in 1989; and they received a Certificate of Occupancy (CO) in 1994. She noted in 2001 they received a notice saying they were not in compliance; it has been upsetting; it has been stressful having their home threatened; and they complied with all the requirements when they built the home to include a special built septic tank with 11,000 gallons and two baffles required by Environmental Health Department, and there have been no problems. She requested they be notified what is going on and treated like any other waterfront home in Brevard County.

Bernie Mann stated there have been problems on the island; in 1989 when he and his wife started building their home they were approved for 750 square feet; they built the home and were inspected by the County; and when they finished building the house, they were told they were 250 feet too big and had to apply for a variance. He noted the County has been confused about its ability or desire to govern on VIP; there have been reports on VIP of houses being demolished, which is ridiculous; a lot of houses do not conform to the standards; some houses were built prior to 1977 and are all right; but anything built after 1977 is not all right. He stated there has to be some true consistency, not only in what the County asks the residents to do, but in its ability to come to VIP and know what is going on; every time a resident needs a County inspector, he or she has to get one and bring them back; and inquired what are their taxes being used for. Mr. Mann requested the Board allow the existing homes with CO’s and proper mechanisms be grandfathered in; stated the residents have turned in reports to the County; they are subject to water coming out of Goat Creek and C-54 Canal; and it is what flooded the residents during Hurricanes Irene and Floyd. He noted the concern for quality of water should be Countywide; if the County wants the VIP residents to do a certain thing with their waterfront homes then any other waterfront home should have to do the same thing; shell fishing has never been stopped around the island due to testing, but it has in other parts of Brevard County, such as Goat Creek; and requested the County leave the VIP residents alone. He stated if the County wants to check and see if the houses are safe, that is fine; and whatever it wants to change, it needs to be consistent to everyone with waterfront property in Brevard County.

Commissioner Higgs stated the Board received a voluminous report from an attorney in response to a complaint on Grant Farm; staff has proceeded for a number of months to try to determine what is out there and what needs to be done; the development on Grant Farm is under an Ordinance adopted by the Board in the 1970’s, which specifies the size of the homes and lots, and the type of development that was to be out there; and there were specifics in terms of the house size, standards, and that they were vacation homes and not permanent development. She noted the County went out on response to the complaints it received; staff has made some recommendations after a considerable period of trying to look at it; one recommendation is that the County would inspect existing structures in regard to life safety; and requested staff provide an explanation.

Assistant County Manager Peggy Busacca advised inspections would relate to the Fire and Plumbing Codes, and the most basic Code to make sure the homes are habitable. Commissioner Higgs inquired if somebody has a building permit and built a house to size, is it going to be inspected; with Ms. Busacca responding negatively. Commissioner Higgs inquired if someone built a structure and had a CO, would the structure be inspected. Ms. Busacca responded staff identified one structure since 1978 that was built to Code; it would not be inspected; if there were any internal modifications, staff was not aware of it; and it may be an issue. She stated it is the other 40 structures that have been built since 1978 that staff proposes to inspect as they do not meet the Code; staff has reason to believe the structures were not properly inspected; and improvements may have been made without proper permits. Commissioner Higgs noted staff reviewed the existing square footage of a home that is allowed under the State’s septic tank regulations as being a reasonable accommodation in regard to size based on the size of the lot; the County talked about additional lots that might make accommodation in regard to size; and those would be options the Board could consider. Ms. Busacca stated staff is suggesting that instead of the house size being determined by the Code as it is now, that the size would be determined by the State’s septic tank regulations as is true with other parts of the community. Commissioner Higgs noted if she had three Grant Farm Island lots, then the square footage of the home could meet the size of the lot consistent with State law, which would be an amendment that the Board could consider to the Code. She inquired is the County able to do something other than what State law requires in regard to septic tank square footage; with Ms. Busacca responding affirmatively. Ms. Busacca stated the County is able to be more restrictive; and the current Ordinance is more restrictive. Commissioner Higgs noted the modification the Board might consider would relax slightly the square footage of the size that is in the Code and allow a larger home if the space was available. She inquired would staff look at any enforcement after the Board finishes the process of amending the Code; with Ms. Busacca responding affirmatively. Ms. Busacca noted the Board could ask staff to move ahead under either the red flag doctrine that County Attorney Scott Knox mentions on occasion or the particular portion could be abated; and staff could move forward to look at the life safety issues.

Commissioner Higgs stated the County has reviewed the issue over a period of time since the report came from the attorney; it is criticized if it goes to VIP or does not; if the Board were to consider a change to the Ordinance, she would recommend reviewing the septic tank standards in terms of size of lots; and it would allow someone, if they had three lots, to conform to the same type of square footage that the State requires. She noted at the point the Board were to adopt the new standards for Grant Farm Island, it would enforce the size requirements; she would not want staff to enforce something and the Board amend something; and her recommendation is to look at an amendment to the Code that goes to the State size limitation on lots and review the life safety issues.

Commissioner Carlson inquired is there an issue with septic tank inspections to make sure they are functioning properly. Ms. Busacca responded staff knows of six septic tanks where final inspections have never been made; the State has looked at at least one septic tank, which was pumped out and is functioning correctly; and that is all the information she has today. Commissioner Carlson inquired does the County have the ability to inspect the septic tanks; with Ms. Busacca responding the State does it, and staff has coordinated the issue with it.

Commissioner Pritchard inquired how large are the lots on Grant Farm Island; with Ms. Busacca responding approximately 5,000 square feet, which is about one-eighth of an acre. Commissioner Pritchard inquired how big a home can somebody build on one-eighth of an acre on Grant Farm Island; with Ms. Busacca responding 500 square feet. Ms. Busacca stated if somebody has a 10,000 square-foot lot, he or she may have a 700 square-foot home. Commissioner Pritchard inquired are the septic tanks aerobic or anti-aerobic; with Ms. Busacca responding there are a variety depending on what date they were put in. Ms. Busacca noted the Board has recently seen some advanced treatment.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to direct staff to amend the Grant Farm Ordinance to allow the size of a home to be consistent with what will be allowed under the State’s Septic Tank Regulations, and which would allow the aggregation of lots to be combined and included in the formula.

Commissioner Pritchard inquired will it make the size of the house smaller; with Ms. Busacca responding negatively. Commissioner Pritchard inquired does the possibility exist to make the home larger; with Ms. Busacca responding affirmatively. Commissioner Pritchard inquired if somebody has one lot and he or she is complying with State septic regulations, would it provide an opportunity to have a larger than 500 square-foot house. Cheryl Dunn, Environmental Health Services, responded it is based on estimated sewage flow; and since Grant Farm Island has a private water supply, it is 1,500 gallons of estimated sewage flow per acre. She stated most of the lots are one-eighth of an acre, so it could accommodate a two bedroom home, not to exceed 1,200 square feet; but it is dependent on the density in a particular area, as the State only allows four structures per acre; and it would depend on the combination of lots in a particular area. Commissioner Pritchard inquired would the number of bathrooms factor in; with Ms. Dunn responding negatively. Commissioner Carlson inquired is the Board talking about legislative intent; with Commissioner Higgs responding she is comfortable it has done it, and her motion is to direct staff to bring the amendments back. Commissioner Carlson noted the amendments would be to Chapter 62; with Commissioner Higgs responding that is correct.

Chairperson Colon called for a vote on the motion. Motion carried and ordered unanimously.

Commissioner Higgs stated if the residents of Grant Farm Island have questions they can contact her office or the Zoning Office. Ms. Busacca advised staff will notify everyone on Grant Farm Island at the time the ordinance will be heard by the Local Planning Agency (LPA) and the Board. Commissioner Higgs inquired who should the residents contact if they have questions about individual properties; with Ms. Busacca responding the Building Department.

AUTHORIZE CONTRACTS FOR SALE AND PURCHASE AND ADDENDA, EXEMPTIONS,
APPRAISALS, SURVEYS, AUDITS, TITLE INSURANCE, LAND CLOSING, AND
EMINENT DOMAIN, RE: BERTRAM SCHILD AND FREDERICK ZACHARIAS
PROPERTY AND OUTPARCELS FOR RELOCATION OF MAX K. RODES PARK

Mark Ryan, City Manager for City of West Melbourne, stated the City is excited about the acquisition a new Rodes Park; it is encouraged by the potential of a 120-acre parcel of land for the Park to benefit West Melbourne and surrounding communities; the City adopted a Resolution which endorses the 120-acre parcel; and it will provide many recreational opportunities for lots of people in South Brevard County. He noted the City supports entering into a pre-annexation agreement that would allow for the extension of City utilities to service the park land; it recognizes in order to make the land transaction occur, there is a hurdle to accomplish, which is the sale of the existing Rodes Park; and the City would like to partner with Brevard County in making that happen, which will require a Comprehensive Plan change in the community for the County to sell the parcel for its highest and best use.

Debra Thompson, representing Greater West Melbourne Little League, stated the League has 365 children playing baseball, softball, and T-ball; and in her spare time, she is the manager of the West Melbourne Post Office, so she is familiar with the growth in the area. She stated in 1967, a football program was started at the existing Rodes Park on Minton Road; there were two teams; she does not know what the residential capacity was at that time in the area; however, in 2000 when she took over the West Melbourne Post Office, there were 8,500 residential deliveries. She stated in the last three years, the Post Office has picked up 1,200 new residential deliveries, 600 of them in the last year; and in the next six months there is slated another 500 to 600 residential homes that have been approved for growth. She stated the current Rodes Park serves over 800 children in the football, baseball, basketball, and cheerleading programs that are offered by the Greater West Melbourne Athletic Association; it has exceeded capacity and they have to turn children away; the Park does not only serve the residents of West Melbourne, but people from all over Brevard County; and going for a larger parcel of land than was originally approved from the referendum is a challenging event for the Board. Ms. Thompson recommended the Board be as gracious as it can in accepting the opinions that have been put together by Chuck Nelson and his staff; stated the land in the area has appreciated in value; the sale of Rodes Park should more than accommodate any extenuating expenses that were not covered in the original referendum; and the opportunity to build something like this, anticipating the growth and needs in an area, will show the foresight of the Board.

Jan Lieson, Councilwoman for City of West Melbourne, stated she started working on the issue approximately four or five years ago; she has been helping the PAL group from West Melbourne to have a place to play; West Melbourne is running out of places; and it has had to refuse some of the children in the area. She noted one of the most important things that can be done is to address the children’s needs; they need a place to play and a park area; the park area would be 120 acres; and it will be fantastic and great for the City and all residents in the area.

Parks and Recreation Director Chuck Nelson stated the County originally started looking for 40 acres, but was not able to identify it; the growth in the area is phenomenal and there are no major tracts left; this is an opportunity for the County to move forward; and everyone has pulled together. He noted the plan is that the County would not close on the sale of the Park until after the new facility is available; and the proposal will be good for the community, as well as the entire area.

Commissioner Scarborough noted the item was part of the referendum in November 2000; with Mr. Nelson responding that is correct. Mr. Nelson stated the County immediately contacted the property owner to the south of the existing park, hoping to be able to acquire the property; due to a previous interaction the owner had with Department of Transportation and his estate, he was unable to make it available to the County; so at that time, staff had to start over.

Commissioner Carlson inquired about the difference in cost associated with the 120-acre acquisition versus the 40 acres and can the $4.2 million for additional park improvements be used for the purchase of land. Mr. Nelson responded there was $1 million as part of the original funding for acquisition; staff has negotiated a price of $2.4 million for the 120 acres; Rodes Park will be sold; and based on current property values, the County may get in excess of $1.5 million for the 17 acres at Rodes Park. He stated in addition, there was property donated to the Greater Melbourne Soccer Association a few years ago that the County has not been able to bring to fruition; there were access issues; staff has discussed with Mr. Schilds the sale of the property to him as part of the deal, which would reduce the price; and the County and Mr. Schilds both have to agree that the amount of the land is acceptable. He noted in the worst case, the County would pay $2.4 million; in the best case, it could agree to a value which reduces the purchase price; Mr. Schilds would get the land back as he was the original donor of the property; and the benefit to the County is that it would be able to build the soccer fields at the new park location and it would exceed what it originally indicated in the referendum. Commissioner Carlson inquired how much is it going to cost for additional park improvements on 120 acres; with Mr. Nelson responding it has not been determined. Mr. Nelson stated the community center is being designed and would not change; the only difference would be the cost of relocating the athletic fields; the County already had money built into the project for such fields; and it has the ability to use interest earnings from the referendum. He noted he is comfortable that the County has the ability and resources to make the issue work; and between all the sources, there are funds to move forward.

Commissioner Higgs stated staff has negotiated a price that is below the average of two of the appraisals; the County should get it on the record so there is not criticism that it was not up front and outright with its knowledge of the appraisals; one appraisal of the three came lower; and requested Mr. Nelson speak to the issue. Mr. Nelson noted one appraisal was $750,000 which was done on an investment basis; when staff questioned the appraiser, it did not receive a firm answer as to the difference; property in the area is being appraised as residential; and the original purchase over 15 years ago was better than $1 million. He stated the appraiser is currently appraising the property at below what was paid 15 years ago for the original parcel. Commissioner Higgs noted the County has an appraisal for $2.5 million and an appraisal for $2.6 million; and it is getting the acquisition and purchase price of $2.4 million. She inquired, knowing what the average value of an acre is selling for in the area, is the purchase price the County is getting per acre comparable; with Mr. Nelson responding affirmatively. Mr. Nelson noted staff looked at other tracts owned by other individuals; and such tracts were selling at $20,000 to $25,000 per acre. Commissioner Higgs inquired did the committee see the appraisal prices; with Mr. Nelson responding affirmatively. Mr. Nelson stated the information in the Board’s package, which included the appraisals, was submitted to the Rodes Park Committee and the City of West Melbourne; and staff has been open about the information.

Commissioner Pritchard noted he was also concerned about the purchase price; and he checked into it and Mr. Nelson is right on target of property selling at $20,000 to $25,000 per acre. He stated the County is not going to have $4.2 million for park improvements; staff does not have a firm handle on what the cost of improvements will be; and inquired where will the County get the funds to make those improvements. Mr. Nelson responded the $2.4 million will be reduced by the value of the sale of the 20 acres that was previously donated; once the County sells the existing park, staff believes the number is going to be better than $1.5 million; so it will have made up that, as well as earn additional funds to pay for the relocation; and there are interest earnings. He stated for most of the major regional parks in the south part of the County, it is looking at approximately $1 million of additional dollars for each of the projects for improvements that have been requested by citizens who are involved in the designs; and staff is comfortable it can make this work and it will all come together. Commissioner Pritchard noted it will all come together with the referendum money, the purchase, the sale of existing Rodes Park, and donations; with Mr. Nelson responding that is correct.

Motion by Commissioner Higgs, seconded by Commissioner Pritchard, to conceptually approve the purchase of property and relocation of Max K. Rodes Park; authorize the Chairperson to execute contracts for sale and purchase and contract amendments as required for outparcels; approve exemption for appraisals for outparcels; authorize staff to obtain appraisals if needed, surveys, environmental audits, title insurance, accept title exceptions, offer up to 50% above assessed value for outparcels, and proceed with land closings; authorize staff and the County Attorney to begin eminent domain process as required for outparcels, to purchase approximately 120 acres owned by Bertram Schild and Frederick Zacharias and approximately seven acres of outparcels owned by others for lands near Max K. Rodes Park within June Park, Addition 1, West Melbourne. Motion carried and ordered unanimously.

Commissioner Carlson inquired does staff put any information on SCGTV to give people a status of the park projects. Mr. Nelson responded staff originally scrolled some of the information on television and it is included on the website in detail at brevardparks.com; and staff can work with SCGTV on the issue. Commissioner Carlson stated she would like to get the status and timeline of certain projects in her District, such as Wickham, Viera, and Pineda Parks so that she can get fewer telephone calls in her office from people asking when things are going to happen.

County Manager Tom Jenkins stated staff could do a program for SCGTV. Commissioners Scarborough and Carlson noted it would be a great idea.

APPEAL OF WAIVERS, RE: DUN HUNTIN SUBDIVISION

Jim Swann stated the issue deals with his personal homestead and has nothing to do with EKS, Inc., which the application had referenced; he has a substantial driveway, which he would like to convert to a private road; he has a list from County staff, which includes various items; and he has agreed to do a large portion of those items. He noted the first item was to waive the sidewalk on Tropical Trail; there is no sidewalk connecting it; the sidewalk would run into a major Southern Bell distribution booth; and the property is divided into a couple of lots where there are houses, and the rest of it are tracts. He stated if one ever wanted sidewalks on the road they could be put in the platting process of the tracts; it would be appropriate to put an easement on the plat, but he would want to restrict it to an environmentally-sensitive design; and the hardship would be destroying beautiful hammock. He noted the second item is to waive the internal subdivision sidewalk requirement; there are only five people who live in the area; and the hardship would be destroying a considerable amount of wetlands and natural areas that do not need to be destroyed since no one needs a sidewalk.

Commissioner Carlson inquired could Tracts 2, 3, 4, and A at some point in the future become subdivisions; with Mr. Swann responding affirmatively. Mr. Swann stated it is not his intent to do that as he would like to leave it as a life insurance for his wife and to protect their property values.

Commissioner Higgs stated if Mr. Swann were to later plat the tracts, there could be considerably more houses in the development. Mr. Swann responded the zoning is one unit per one-third acre; a lot of the property has been put in conservation easement for the St. Johns River Water Management District (SJRWMD); from an economic point of view, the property is expensive; and no one wants to build on one-third acre. Commissioner Higgs inquired would Mr. Swann have the same kind of easement on the internal sidewalks on the main street. Mr. Swann responded he wants to try to preserve some of the property and work with the County; and internal sidewalks would be a mistake as it would destroy natural areas that do not need to be destroyed. Commissioner Higgs stated Mr. Swann indicated the tracts could be further subdivided; and it would put a lot more houses than the eight or nine houses shown. Mr. Swann noted there may be a maximum of 15 houses; he would not mind restricting the number of houses if the Board is concerned; and he would rather have a density cap than build a sidewalk through the hammocks.

Mr. Swann stated the 15-foot buffer does not accomplish much as it would be in the middle of Tropical Trail; he does not mind a 15-foot buffer on Tropical Trail if the Board desires; it is beautiful land; and it could be worked out. He noted the other property lines are either natural areas that are preserved through a conservation easement with the SJRWMD or orange groves; there is nothing to preserve except on the east side; it is not going to be preserved anyway due to the lay of the land and what has already been preserved; and he is preserving more than what the Code requires. He stated the hardship is that he has already had to preserve a lot of land internally that could have been developed if somebody wanted to. Mr. Swann stated on standard curbing requirements, when he built the driveway, he tilted the road where there were natural areas and put in four to six feet of sod to catch any kind of pollutants that came off of the road, including solids, oils, etc.; the water goes through a wet natural hardwood area and into a treatment pond before being discharged to the lagoon; and the hardship would be to the Indian River Lagoon and Merritt Island if the Board tells him to tear out all the woods and put in curbs, drainage pipes and things that do not offer any treatment. He noted he does not want noxious species and did not mean to ask for it; so item 7 can be deleted. He stated on the roadway section, the road has been built; there are places in the road where the different thickness is not where it should be; the road has to be torn up and rebuilt to meet the section requirements; and his engineer and the soils engineer are willing to certify to the County that the road will suffice for the traffic. He noted the hardship would be to tear out the sections of the road where there was a mistake, which could cause weak spots; and it may cause more problems than it is worth. Mr. Swann stated on the requirement of the PVC pipe, such pipe had to go under the road to save the natural areas; otherwise, he would have had to clear the whole right-of-way and kill all the trees and bushes. He noted on waiver of the swale construction along the north line of Tract 3, there is not a swale necessary there; it is a low area he intends to preserve in a natural way; it works now, but it gets wet and drains off into one of the treatment ponds without clearing the land and killing the trees; and it would upset his neighbors to clear the property. He stated the drainage system works fine for the orange grove and he does not know why it would quit working when a house is put on the tract; his neighbors would rather not have the woods destroyed; and the hardship to him is the cost of tearing out trees and bushes when it is not necessary. Mr. Swann stated on partial waiver of retention area side slopes, he has a picture showing the side slopes; it is not an untypical side slope of his retention system; he planted the native species; and to tear them out would be a shame. He noted one of the native species is under two heron nests; the nests would be disturbed to get the side slope in; staff indicated there are some places where the slopes are steep; he has agreed to reduce the slopes to the 5:1 slope requirement in the area of the orange groves; and requested partial waiver of the retention area side slopes where there is natural woods.

Commissioner Pritchard inquired what are the requirements for a subdivision; and noted the subdivision is comprised of 22.6 acres on which eight lots are proposed.

Permitting and Enforcement Director Ed Washburn responded when Mr. Swann divides a parent parcel into three or more lots, he intends to follow through with engineering plans and a plat, but the County cannot accept the plat for the subdivision until he understands what waivers he is able to obtain to prepare the plans. Commissioner Pritchard inquired is a typical way of doing a subdivision giving waivers first and plans second. Mr. Washburn responded the County does it with 15-foot buffers; in order for Mr. Swann’s engineer to do the design and prepare engineering plans, he needs to know what, if any, waivers are going to be granted by the Board; and the Board could do it the opposite way, but Mr. Swann would be paying for a set of plans and doing it over again. Commissioner Pritchard inquired what affect would some of the requests for waivers have, such as the 35-foot radius requirement for pavement at the entrance and the standard roadway section. Mr. Swann noted his engineer and the testing lab believe the road will be good for a long time; it is a private road and if there is a failure, it is his expense; what is there is curbed and existing; and it is beneath the County’s standards, but is an acceptable standard for most counties and cities. He stated if the Board approves the waiver, he will add a concrete footer to the outside edge of the road as there is some break off on the edges of Tropical Trail; it would give almost the same radius and not make him tear out all the existing curbs; in order to save trees, he put the curbs on the asphalt; and he trenched behind the curbs by hand and poured a concrete footer and barrier behind them so they would have the same strength or more than a typical curb. Mr. Swann stated he needs to make a decision whether to go forward or not; the option on the property is to divide it into flag lots, which would end up with different shapes; and the driveway would be used as a private road. He noted he does not want to do that with his property; but it can be done under existing County regulations; and it is not a good solution, but a legal one. Commissioner Pritchard stated it makes a lot of sense to leave things in their natural state and if it is working, do not fix it. Mr. Swann noted his property is on a ridge; it is part of the south Merritt Island sand ridge; and there is good topographic relief and the water runs off well. Commissioner Pritchard stated it is not uncommon to go about this issue in this fashion. Mr. Washburn noted the problem in this situation is the road is already built; normally the developer would ask for the waivers prior to the infrastructure being in place; since the infrastructure is in place, the County is working backwards; and the turning radius’ are to be able to get the garbage trucks or anything into the subdivision and keep the pavement on Tropical Trail from being broken down when trucks do not make the turn correctly. Commissioner Pritchard inquired about emergency vehicles; with Mr. Washburn responding they could get in all right. Commissioner Pritchard inquired is there a wooded canopy over the road that would prevent large vehicles like fire trucks from responding to put out a fire; with Mr. Swann responding negatively.

Commissioner Carlson stated Mr. Swann’s road is a private one and is his driveway; with waivers for potential subdivisions, if the County had to take the private road and make it a public road, it would have to be up to standard or it would not take it; and inquired how does the Board give a waiver on a road system it is not going to accept anyway. Mr. Washburn responded the private roads are to be built to County standards; if Mr. Swann was building a public road, he could still request the same types of waivers and the Board could grant those; the right-of-way is 50 feet; and the pavement section meets the pavement section of a public roadway. He noted with the testing that has taken place with respect to the base material and roadway, in some instances there is more base than there should be and less base in other areas. Commissioner Carlson stated Mr. Swann is looking at the issue as an investment down the road and does not intend to develop the property right now; in the future, the people trying to develop any of the tracts are going to have an undue hardship as they are going to have to do something with the drive; and she does not know how they would build a subdivision to County Code if there was a private drive that did not meet standards. Mr. Washburn stated if the Board grants some of the waivers today, Mr. Swann would come through at some point with engineering plans and a preliminary plat; at that time it would be recognized as a private roadway; everything would be in place; and if Tract 3 was developed into three or four sites, one could access onto the recognized private roadway.

Commissioner Scarborough stated the standard roadway section for a subdivision is a comprehensive term; it talks about side swales, sub-base, and how the whole road comes together; and the waiver would include everything and the County would be accepting the road as it is. Mr. Washburn noted that is correct, with the engineering certification that the road would be equal to or better than County standards. Commissioner Scarborough stated it is not part of the request for a waiver. Mr. Washburn stated he was assuming the Board would not recognize the road as a private one until Mr. Swann fulfills the second part, which is to bring in the engineering plans and preliminary plat. Commissioner Scarborough noted it needs to be clarified; the County would require a road that would meet the sub-base and construction manners of any other roadway. Mr. Washburn stated either that or the County would accept the engineer’s certification that the road was equal to the standards. Commissioner Scarborough noted the Board would not waive that segment.

County Manager Tom Jenkins stated Mr. Swann indicated he will get a certification from his engineer saying that the road is adequate to meet the volume of traffic for its use. Mr. Swann noted the engineer knows the road is a good one that will last; but it will not totally meet the typical cross-section for a County road. Commissioner Scarborough stated yesterday when he was briefed by Mr. Washburn he was under the impression that if construction occurred, the road would be fully to standard; but today he is getting a different indication of what the waiver means; it is not the intention to limit the waiver to only width and swales; and he cannot support this particular waiver. He noted Fawn Lake is located in his District and was supposed to be inspected by the County; it drastically failed and major errors were made; he is living every horrible moment with it over and over again; the County has an obligation to go by the standards; and he cannot support the waiver. Commissioner Pritchard stated he had the same problem with a subdivision; there were a lot of as-builts and accepted engineering drawings; they look great on paper, but the road is falling apart; and the County needs to make sure if something is built, that it is going to be up to Code. He noted he tends to rely more on County staff to do the inspections and make sure they meet the requirements; and expressed concern that the road and retention improvements were constructed by the owner without the benefit of approved engineering plans, permit, or inspection services, and the applicant has requested the County accept the improvements as a subdivision and allow the development to be recorded in the Public Records as a residential subdivision plat.

Commissioner Scarborough stated he does not mind waivers that are protecting the environment, but he is not going to support a sub-standard road.

Commissioner Carlson noted on the waiver of the sidewalk requirement, staff told her there is underway a plan to put sidewalks on Tropical Trail; it needs sidewalks; so she would not support the waiver. Commissioner Higgs suggested Mr. Swann meet with staff and come back to the Board with some refinements. Mr. Swann stated he and staff need to have some indication of where the Board’s heartburn is and what is important to it; if there are too many issues, he will leave; two Commissioners indicated the cross-section of the pavement detail is important and they want a standard road; and he understands that. He noted there are a lot of things staff is making him do under their authority; the items on his list are those that need to come from the Board’s authority; and without some indication, he and staff do not know how to go any further. Commissioner Higgs stated what she is willing to waive internally depends on how big the subdivision is. Commissioner Carlson inquired does the 22.6 acres have a binding development plan for the number of lots; with Mr. Swann responding negatively. Mr. Swann advised the property is an orange grove; and the two houses on the property include his house and a doctor’s house. Commissioner Carlson noted there was no anticipation of development when Mr. Swann purchased the property; with Mr. Swann responding that is correct; and there is no anticipation of development now.

Commissioner Pritchard stated sidewalks are important; the County is in the process of developing sidewalks on South Tropical Trail; and perhaps it could have an easement. He noted the internal subdivision sidewalk would take out more vegetation, so he supports the waiver; the 15-foot perimeter buffer should also be waived; the partial waiver of the retention area side slopes he is not sure about; but based on the photograph from Mr. Swann and the heavy wooded tracts, it may be reasonable. He stated Mr. Swann indicated the drainage is working; he does not want to fix something that is working; and expressed concern with waiver of the 35-foot radius requirement for the pavement at the entrance due to safety reasons. Mr. Swann stated there was no problem with fire trucks responding to his home in the past; if the Board has concerns, he can tear out curbs and put the radius in; however, it is going to kill more trees. Commissioner Pritchard inquired why does the County have a 35-foot radius requirement for pavement at the entrance if all the vehicles can get in. Mr. Washburn responded it is the specifications for subdivisions and is needed for larger trucks. Commissioner Carlson noted the Board needs to consider if the property gets developed at some future point. Commissioner Pritchard stated he will not support the waiver. He inquired is there any reason for standard curbing requirements at the entrance. Mr. Washburn responded the entrance features need to protect the pavement on Tropical Trail; and as long as the pavement on Tropical Trail can be protected, there might be a way to do that without the standard curbing requirements. Commissioner Pritchard noted he is not willing to waive the standard roadway section; Mr. Swann indicated he put PVC pipe under the road because he did not want to disturb any more vegetation. Commissioner Pritchard inquired would the PVC pipe remain should more houses get built. Mr. Swann responded it is a temporary drain that should one of the tracts be developed would go away; and if the pipe is taken out at this time it will cause flooding in the adjoining subdivision. Commissioner Pritchard inquired is there a requirement to waive it. Mr. Washburn responded there should be reinforced concrete pipe under the roadway. Commissioner Carlson noted the waivers are for future development. Commissioner Pritchard reiterated he does not want to waive the standard roadway section, but he supports waiving the swale construction requirement along the north line of Tract 3.

Discussion ensued on the waiving requirements requested by Mr. Swann.

The Board indicated it would consider waiving requirements for (1) sidewalk along South Tropical Trail if easements are provided; (2) internal subdivision sidewalk requirement on both sides of the roadway; (3) 15-foot perimeter buffer; (4) partial waiver of retention area side slopes; (6) standard curbing at entrance, subject to an alternative design in construction plans to protect the pavement on South Tropical Trail; and (10) swale construction along north line of Tract 3. The Board indicated it would not waive (5) 35-foot radius; (7) removal of all noxious species; (8) standard roadway section; and (9) PVC pipe utilized in right-of-way.

Mr. Swann stated he appreciates the Board’s thoroughness and concern for the future of the public; and he will work with the County any way he can.

REQUEST FOR WAIVER OF PERIMETER BUFFER, RE: KEYSTONE SUBDIVISION

Commissioner Carlson inquired what sides are the wetlands located on. Permitting and Enforcement Director Ed Washburn responded there are wetlands on the east and south sides, there is a roadway on the west side, and there is Residential Professional (RP) zoning on the north side of the property. Commissioner Carlson stated it is her intent to keep the buffer against the roadway and the north side with commercial; and there is good buffering from the wetlands.

Ana Glaubitz, representing BSE Consultants, stated the northern side is also RP zoning; the client also owns that piece of property; to the south is also a wetland; it is in a conservation easement, which the client previously owned and is now the St. Johns River Water Management District’s; and to the east is wetlands. She noted to the west is Holiday Springs Road and another wetland functioning as a lake; nothing can be developed in that area; and a 15-foot roadway buffer, in addition to the existing roadway swale, is unnecessary.

Commissioner Carlson stated the issue with the buffer is compatibility; and inquired is it an issue when putting RP zoning with residential. Mr. Washburn responded the applicant can choose to provide whatever buffer he or she sees fit on the north and west sides adjacent to the roadway; it is their problem to deal with; and it does not involve compatibility with adjacent residential areas. Commissioner Carlson inquired has the Board granted a waiver before for this type of thing; with Mr. Washburn responding affirmatively. Mr. Washburn stated there were times when somebody had drainage easements or landscape buffer areas on individual tracts, and in some instances, there have not been anything.

Ms. Glaubitz stated the roadside swale also acts as a buffer; it would not be any different than giving a drainage easement in the same area; and the depth is approximately 10 feet.

Commissioner Higgs noted the swale is in the right-of-way; with Ms. Glaubitz responding that is correct. Commissioner Higgs stated the buffers should be kept on the road. Commissioner Carlson expressed concern having the homesites too close to the road. Ms. Glaubitz stated she understands that; in order to get the extra 15 feet, the applicant would have to shift everything to the east, which is going to push into the wetland area; preliminary designs have been done to design around the wetland; and the 15 feet would adversely affect all the lots and would become an undeveloped area with the road right-of-way widths required, depth of the lots, etc. Commissioner Carlson inquired is the right-of-way for Holiday Springs Road two-way; with Mr. Washburn responding affirmatively. Commissioner Carlson inquired is it slated to be widened at some point. Mr. Washburn responded there is 100 feet of right-of-way and whether it will be widened he does not know; and the Board could allow the applicant to have a landscaped buffer on the lots themselves without setting aside a separate tract. Commissioner Carlson noted it would be fine with her.

Commissioner Scarborough inquired what criteria has been used when the Board waives the 15-foot requirement along a roadway. Mr. Washburn responded the most recent one was on Carpenter Road for a subdivision with utility lines. Commissioner Scarborough inquired was there anything else involved; with Mr. Washburn responding negatively. Mr. Washburn stated it is incumbent upon the developer to protect the houses from the roadway; and it is not a compatibility issue with respect to adjacent residential areas. Commissioner Scarborough noted if the person who is developing the property wants to junk it by putting it too close to the road where nobody will buy the lot, he or she takes an economic loss; however, the County does not want the individual to impact the neighbors’ property.

*Chairperson Colon’s absence was noted at this time.

Commissioner Higgs stated the 15-foot buffer could be allowed as part of the lot as a compromise instead of a tract; and the Board could waive the buffer tract, but require the buffer. Commissioner Carlson inquired is it a feasible alternative. Commissioner Scarborough stated he cannot support it as it would create nightmares for the County; and if the Board waived the buffer requirement on Carpenter Road, he does not see a reason not to waive it in this case. Commissioner Carlson noted consistency is important. Commissioner Scarborough inquired if staff has any recollection what the Board did with the Carpenter Road issue and why; with Assistant County Manager Peggy Busacca responding she does not know why. Commissioner Higgs noted the Board may have made an error and compounding the error is not good.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to grant a waiver to Section 62-2883, eliminating the 15-foot perimeter buffer requirement on the east and south boundaries and on the west boundary line based on consistency, and leave the buffer requirement on the north side.

Commissioner Pritchard stated there are only two lots on the north side, and inquired what is the advantage of doing that. Commissioner Carlson noted it is a compatibility issue; the zoning on the other side is the problem; and the applicant is only going to have to buffer the two lots. Ms. Glaubitz stated both parcels are zoned RP, so it is not an issue and a different zoning. Commissioner Pritchard inquired does the 15-foot buffer on the north side create a problem for the applicant. Ms. Glaubitz responded adjustments would have to be made; and there is no point in having the buffer since the applicant owns the adjacent parcel to the north. Commissioner Scarborough stated the property to the north is not going to be adversely impacted by the development; and if anybody is going to be adversely impacted, it is going to be the sale of the homes adjacent to the RP zoning.

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

The meeting recessed at 3:49 p.m. and reconvened at 4:01 p.m.

*Chairperson Colon’s presence was noted at this time.

PERMISSION TO PROCEED WITH ACQUISITION, RE: EASEMENTS FOR DRAINAGE
IMPROVEMENTS

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to authorize staff to contact property owners to obtain drainage easements over an existing ditch located west of U.S. Highway 1 and south of Aurantia Road; and approve expenditure of funds for legal description and sketch preparation, ditch cleaning, and culvert replacement if drainage easements are obtained. Motion carried and ordered unanimously.

SPEED HUMP REQUEST, RE: BROOKHAVEN STREET

Dawnella Hudec advised of her support for the installation of speed humps on Brookhaven Street due to the traffic and speeding in the area.

Commissioner Scarborough noted he is glad Ms. Hudec is present as he was inclined to question the advisability of proceeding; and under the circumstances, he will move approval for the speed humps.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve request for installation of speed humps on Brookhaven Street located in Port St. John. Motion carried and ordered unanimously.

RECOMMENDATION, RE: PALM BAY PARKWAY ALIGNMENT

Transportation Planning Director Robert Kamm stated the Brevard Metropolitan Planning Organization (MPO) has asked affected local governments to submit any comments they may have as it relates to the preferred alignment for the Palm Bay Beltway; the MPO will be meeting Thursday to provide a recommendation to Department of Transportation (DOT) on the subject; and there were originally 11 alignments and now two alignment. He noted the two alignments, Alignments 4 and 9 have a deviation in the vicinity of the City of Palm Bay; Alignment 4 is adjacent to the city limits of Palm Bay for about one mile and goes to the west side of Palm Bay Park where it intersects Malabar Road; Alignment 9 is about one-half mile west of the city limits of Palm Bay and intersects Malabar Road west of the Park; the rest of the alignment further north to S.R. 192 and across I-95 to Ellis Road is identical; it has been established in prior meetings as the preferred alignment; so the question is Alignment 4 versus Alignment 9. He stated staff recommends Alignment 4, which is the one further to the west as it will be less expensive to acquire the right-of-way; it is further away from residences, which will avoid potential noise issues; and Alignment 4 is on land that is now owned by Melbourne-Tillman Water Control District, which will provide a much higher level of access control in the future.

Sue Hann, representing City of Palm Bay, stated the Board should have received a copy of Resolution No. 2003-26, adopted by the City Council; it identifies the City’s preference for Alternate 4 as the preferred alternative for the Palm Bay Parkway; and the City reviewed the access control issue, which the Board will be taking up at some later time, but the City would like to have input on that as well. She stated it is optimistic it can work through the issue to come to a mutually acceptable resolution through the MPO process and intergovernmental coordination. She noted the City Council and citizens of Palm Bay are excited about the potential of having the parkway project move forward; the City has had many inquiries over the past several years about getting the project done; it appreciates the Board’s assistance in moving forward; and it endorses Alignment 4.

Mark Ryan, City Manager for City of West Melbourne, stated the City Council endorses Alignment 4 for the Palm Bay Parkway and supports the project as a mechanism for evacuation of the City.

Commissioner Pritchard read a letter from Scott Ellis, as follows: “Dear Commissioners. I cannot attend today’s meeting, but would like to add these comments to Agenda Item VI.A.7., the alignment of the Palm Bay Beltway. The two alignments submitted, 4 and 9, both begin the beltway on the western side of Palm Bay Regional Park. The route west of the Regional Park is not the best route available. There would actually be better access to the Regional Park via the beltway east side from Pace, Emerson, and hopefully Krasner by establishing a beltway entrance. It is much easier to limit driveway cuts into the beltway by running along the canal as only the linking roads would enter the beltway from the east while next to the City of Palm Bay. Connections to the beltway from the City would be quicker and easier. Placing the beltway along the canal will save significant dollars in right-of-way and mitigation costs. Nobody can drive across the north/south canal anyway, so the beltway on the east side of the park hugging the canal right-of-way would not stop any cross traffic. The proposed path is almost the same as proposed in 1993 other than the relocation of the Malabar intersection. If the County stayed east of the Park, running with the canal right-of-way all the way to the City’s northern edge, there would be no problem with Mr. Abare’s plans. We want the over-proposed route with Mr. Abare and GDC before him back in the early 1990’s. GDC in fact at that time was willing to donate the right-of-way. I really appreciate all of Mr. Kamm's efforts on this project in the face of irrational opposition and the ambivalence toward west Palm Bay traffic counts and traffic jams, much less the lack of availability of an evacuation route for over 30,000 Brevard citizens. Now, with hundreds of thousands of dollars spent on studies, the route is virtually the same as proposed ten years ago. Alignment 9 is the best choice available and can be made better by beginning the beltway on the eastern edge of the regional park and following the canal right-of-way north. Thank you. Scott Ellis.” Commissioner Pritchard inquired was Alignment 9 looked at in the same perspective as Alignment 4.

Mr. Kamm responded staff began with about one dozen potential alignments, several of which were along the lines that Mr. Ellis is suggesting adjacent to the western edge of Palm Bay and between the regional park and the city limits of Palm Bay; those alignments fell out for three specific reasons; there was concern about noise issues with having a roadway close to existing residences; having what would eventually be a four-laned road between the existing developed area and the regional park was a concern about neighborhood access to the park by children on bicycles and pedestrians; and because the County is using federal funds for the project and hope to qualify it for federal funding to build, it has to follow federal regulations on how the studies are conducted. He noted the Federal Highway Administration is specific that federal regulations prohibit the use of federal-funded projects to go through public parks; if there is an alternate route, it should be chosen; to put an alignment through the park would jeopardize the future use of federal funds to implement the project; if the County were to build the project with its funds, assuming it had $70 million to build the road, it could put it on the east side of the park; but since it is using federal funds, the federal regulations prohibit the County to go over the park land. Mr. Kamm stated the alignment suggested is west of the park.

Commissioner Higgs noted the letter from Mr. Ellis recommends the County shove the four-laned road next to the City of Palm Bay residential areas, not only on the northern portion, but extend the roadway next to people’s homes even on the southern portion of the proposed roadway. Commissioner Pritchard stated it would be the canal bank as it would be less costly right-of-way, etc. Commissioner Higgs noted the canal bank is in people’s backyards; she understands individuals’ desire to have access; but putting it up against their homes would be the unwise choice for the roadway. Commissioner Carlson noted the Board can thank Mr. Ellis for his comments.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to endorse Alignment 4 as the preferred alignment for the Palm Bay Parkway, and approve submitting the recommendation to the Metropolitan Planning Organization (MPO) for consideration at its April 10, 2003 meeting. Motion carried and ordered unanimously.

JOINT PARTICIPATION AGREEMENT WITH FDOT, RE: ENGINEERING AND
CONSTRUCTION OF AIRCRAFT T-HANGARS AT VALKARIA AIRPORT

Dr. Russell Minton stated he is a pilot and sits on the Valkaria Airport Advisory Board (VAAB); he has also been appointed to be the Valkaria Aviations Airport Support volunteer network; there are multiple aviation districts in the State of Florida, of which Valkaria is in District 5; and any airport improvement funding is matched on a 80/20 basis, but District 5 is 50/50. He inquired is the Board aware of it and is there anything it can do to alter it, as it is at the discretion of the district secretary to make the decision.

Commissioner Higgs noted it is the Florida Department of Transportation (FDOT); and Jim Shimkus related the figures to the Board.

Valkaria Airport Manager Jim Shimkus stated the State Legislature authorizes grant funding for T-hangars at 80%, but it leaves the actual funding decision to the individual district secretaries; and the secretary for District 5 has stated the funding for this type of project will be at 50% by his decision. Commissioner Carlson noted it could be 80/20 if the Board wanted it to be; with Mr. Shimkus responding if it requested it and the secretary approved it at the 80% grant funding. Commissioner Carlson inquired does the County know why other districts do it differently than District 5; with Mr. Shimkus responding he has no information on that.

Dr. Minton stated he was told it saves money as the County does not have to come up with as much; but if the Board knew the proper route to travel, the funding could be negotiated back to the 80/20 that the other districts enjoy. Commissioner Carlson stated the 80/20 would cost the County less money, so she does not know why it would be an issue; and it cost more money to go 50/50 than 80/20. Dr. Minton noted District 5 is interested in saving the money for other projects.

Commissioner Pritchard stated the District 5 secretary has a preference for 50/50 and not 80/20 because he would like to put more money into other areas. Commissioner Higgs noted staff recommends the Board ask for 80/20 first, and if it is denied, ask for 50/50.

Janis Walters stated the VAAB referred the item to the Board as it wanted to find out if money is available, and if so, at what percentage; it was not the VAAB’s intent to proceed with the Joint Participation Agreement (JPA) at this time as it is not in the five-year Capital Improvement Plan (CIP) and not on the Airport Layout Plan; it is an inquiry to find out if money is available. She noted her concern is that if the Board is not aware of it in making its motion, it may be the first domino in the old cascade that leads to having the money and spending it without doing a careful analysis of what the hangars will cost and whether or not they can be rented at a rate that will attract enough people to fill up the hangars and generate the income in order to cover the commercial paper debt it will engender. She stated if the rental rate is too high then the waiting list for hangars at Valkaria Airport is going to shift to Melbourne where they can get better services and a better facility.

Curt Lorenc stated there is a potential $1 million project, but the County does not really know the actual price; currently Brevard County owns all the T-hangars at Valkaria Airport; it is charging about $165 a month; and there are about 24 hangars.

He noted Valkaria Airport wants to have about 50 hangars; it is a good thing that the County maintains and owns all the hangars; County control has been a positive thing; and the Federal Aviation Administration (FAA) has made false claims that the County has to let anyone build hangars, but in the Quit-claim Deed, there is no language that requires access to any party that wants to build hangars. He stated due to Hurricane Andrew, new building and fire codes are being proposed, the price of the T-hangars may double or triple; the fire codes are not finished; he brought the proposed changes; and the County is looking at hangars that may be two to three times the price of the hangars built at Valkaria Airport presently. Mr. Lorenc inquired will the pilots pay $300 to $500 a month for the hangars; stated the pilots on the waiting list have not been asked that question; other airports have more facilities and charge less; and he does not see that happening. He noted the number of pilots has been declining steadily; the Resolution for the VAAB needed a public meeting to be able to be sent to the Advisory Board; the first four items for authorization and duty are things the VAAB can hear without the Board of County Commissioners; so there was no guidance and it was taken out of the Sunshine by a staff member making a decision to send it to the VAAB. He stated it is important to keep things in the Sunshine and get public input; FDOT works on a five-year funding cycle; it gets its funding requests off the Airport Layout Plan; and the Board needs to modify the Plan and review mitigation issues; and there may be requirements to include same in the Comprehensive Plan. Mr. Lorenc noted there are some obvious questions; perhaps the issues need to be sent back to the VAAB to investigate and comment; the County should wait in asking for FDOT money at this time as it is being used for homeland defense; and he is not against the proposed project, but before taxpayers’ money is used, the County needs to find out what the costs are.

Joseph McClure stated he supports building the hangars; he has airplanes and wants to protect them; Valkaria Airport is a delightful Airport to operate in and out of; unfortunately, the pilots cannot get hangars; so plan A was to put their names on a waiting list. He noted they have been on such list for years; there is no way he is going to get a hangar at Valkaria Airport unless things change; plan B was to buy some property adjacent to the Airport and ask for right-of-way to get across the taxiway on property he would own with his own hangars; and that is when the FAA indicated it did not want to cross defense operations, which is what a taxiway would be into private land. He stated the FAA said it would not be its opinion to allow the Board to have him get taxiway access; it also indicated if there was not going to be an opportunity to provide hangars on Airport land, that he should be allowed to lease property from Valkaria Airport for that purpose; he submitted a proposal to build a hangar complex on the Airport; and it has generated a lot of interest, both positive and negative. Mr. McClure noted his proposal does not involve County money; requested the Board lease him some property to build hangars; stated it is his problem as to whether or not he can rent out the hangars; and he will include office space for Airport operations. He stated he understands it is not the County’s first choice as it prefers to control the development area, which is fine; but it does not involve any money if it is done in that fashion; and if the County lets him do what he wants, people who want hangars will get off its back. He noted the only downside is that the County would not have control of the property.

Mr. McClure noted if the Board supports staff’s recommendation, he does not get a hangar as the waiting list vastly exceeds 20 hangars; his interest is that the Airport be maintained as it is a beautiful place; he supports development of the Airport, and the leadership there is enlightening; but he would like the opportunity to have a hangar there. He stated in the letter from the pilots’ attorney, the possibility exists to do something jointly; anything the Board finds satisfactory that is satisfactory to the pilots working together is acceptable; and he is not primarily interested in the development of property, but is interested in having a hangar for his aircraft.

Vern Goding stated the County wanted to not do anything a couple of years ago on its five-year plan; it was thrown out and no extension for T-hangars or upgrades at the Airport were done; at the VAAB meeting held on January 21, 2003 it discussed that the County preferred to do the hangars itself and receive the income, which is fine; and the costs at Melbourne Airport keeps increasing. He noted the pilots have been constantly polled; there are more pilots coming out every year; the homeland security money has been allocated at 100% for certain improvements at all airports; and he would like such funding for Brevard County, whether it is Valkaria or Merritt Island. He stated the County should get its fair share of the money; unfortunately, there is a lot of money that has been promised since the September 11th event; but it is still in the paperwork to get done; and using 20-year old data to back up something is not justified.

Chairperson Colon noted the data is from 1997-2000; with Mr. Goding responding it is different than the data he saw before dated 1982. Mr. Goding noted a lot of pilots are being put out and a lot of them live in Brevard County.

Commissioner Pritchard inquired how many names are on the T-hangar waiting list; with Mr. Shimkus responding 42. Commissioner Pritchard noted the County is talking about developing 21 hangars, so it should not have any problem renting them. He inquired what will the rental rate be; with Shimkus responding it would remain at the current rate of $165 per month. Commissioner Pritchard inquired would the cost increase by 8% next year. Mr. Shimkus responded at the last VAAB meeting, it addressed an issue that will be voted on at the board’s next meeting about a $10.00 a month increase. Commissioner Pritchard inquired would it take effect in January 2004; with Mr. Shimkus responding affirmatively. Commissioner Pritchard inquired will the return on investment be good; with Mr. Shimkus responding affirmatively. Mr. Shimkus stated after building the 20 hangars and paying the debt service, the County should expect approximately $20,000 a year of usable revenue. Commissioner Pritchard noted he flew over Valkaria Airport a couple of times and landed there also; there is a lot of Airport property there and quite a few T-hangars could be built if the money was available; and inquired how many T-hangars could fit on the property. Mr. Shimkus responded he does not know; there is a considerable amount of hard pavement available on the north side that could be utilized without having to incur additional mitigation costs and other environmental impacts.

Commissioner Carlson stated she supports privatization as something could be done now versus later; and inquired what is the County’s experience at the other airports in terms of privatization and has it been a positive relationship. Mr. Shimkus responded the relationships can run the entire gamut, from very positive to very negative, depending upon the individuals and the issues; if the concern is of control as to what occurs with the hangars and if the County were to look at privatization, the lease of the land could specify that the hangars that would be constructed would be used only for the building and storage of privately-owned aircraft; it would be a legal question that could be put into the initial lease; and if it was violated, the land could be taken back and the lessors would lose their property. Commissioner Carlson inquired could the County put in the lease the increases in rentals and when those can occur, etc.; with Mr. Shimkus responding it would be a lease of land and there would be some type of a rider on it. Mr. Shimkus advised the golf course land lease is tied to Consumer Price Index (CPI); Mosquito Control is tied to a land appraisal every five years; so something can be put in the land lease. Commissioner Carlson inquired is Mr. McClure offering more than 21 hangars; with Mr. Shimkus responding he is offering the same number. Commissioner Higgs stated the VAAB looked at the issue of the hangars; it is her understanding its recommendation was to proceed with the process of finding out if the County could get the money from FDOT; if FDOT is willing to put it into its five-year plan and fund it, it will come back to the Board; and the VAAB will also have an opportunity to look at the business deal involved. She noted the first step in the process would be to go to FDOT and see what financial arrangements it would make, either the 80/20 or the 50/50; it will then come back to the VAAB so it would have a chance to review it; the County would be sure that the amount of revenue it generates would cover the costs and have additional operating revenue; and it would be able to insure the costs of construction and support the debt service. Commissioner Higgs stated the Airport is best served by a hangar owned by the County and the revenue supporting the operation; the County has operated capably in the last few years, managing the fuel situation and hangars; management of the Airport is in good shape; and this would be another way of continuing to have a well run Airport.

Motion by Commissioner Higgs, to authorize staff to request 80/20 grant from Florida Department of Transportation (FDOT) for T-hangars at Valkaria Airport, and if denied, ask for 50/50, and return to the Board with a report and/or agreement.

Commissioner Scarborough stated he will support the motion; it sounds simple to enter into a lease; when he was mayor of the City of Titusville, it entered into a lease for the marina; it got to be one of the worst litigations for the City; it is easy to put a legal document together that will get one into court; and when things come unwound and a public entity has a private entity on the property, it can be sloppy. He stated pilots who have planes have certain expectations; and the cleanest and easiest method is for the County to do it.

Commissioner Scarborough seconded the motion.

Chairperson Colon called for a vote on the motion. Motion carried and ordered unanimously.

APPROVAL OF COMMERCIAL PAPER LOAN, RE: CONSTRUCTION OF SHARPES
COMMUNITY CENTER

Commissioner Scarborough expressed appreciation to the Board for moving forward with the issue; stated the project has been discussed for almost 15 years in different fashions; it was so significant to the community that it requested in the redistricting of Commission Districts that he continue to represent this as they wanted him to be a part of it; and it has been a long time and a lot of good work.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to authorize staff to obtain a commercial paper loan of $2,950,000 to finance the construction of Sharpes Community Center; pre-awarded $300,000 in future Community Development Block Grant (CDBG) allocations annually for a period of up to 10 years; and authorize the expenditure of up to $100,000 annually for up to 10 years from the North Area Parks and Recreation Budget. Motion carried and ordered unanimously.

Commissioner Carlson inquired if the Board wants to consider a buffer in the commercial paper stream for emergency purposes.

County Manager Tom Jenkins responded the County has additional borrowing capacity, but he can get a report from Stockton Whitten to specify what it would be.

Commissioner Higgs inquired is the bond market not at a point that some of the things under commercial paper should be rolled into the bonds; with Mr. Jenkins responding it is possible as the bond market has changed recently to the positive where the County had a previously approved sales tax refinancing it is going to go forward with as the numbers are right. Mr. Jenkins noted staff will review the issue and provide a report.

APPROVAL OF PROPRIETARY PURCHASE, RE: MODERNIZATION OF WATER/
WASTEWATER SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEM

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to authorize a purchase order in the amount of $497,000, as budgeted in the FY 03 Capital Improvements Program (CIP) and Budget, to Bristol Babcock, Inc. for modernization of the water/wastewater Supervisory Control and Data Acquisition (SCADA) system. Motion carried and ordered unanimously.

AWARD OF BID #B-2-03-36 AND CONTRACT, RE: PHASE II SEQUENTIAL SIDE
SLOPE CLOSURE, NORTH SLOPE

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to award the low bid submitted by C. J. Langenfelder & Sons, Inc. at $2,799,166 for Bid #B-2-03-36, Phase II Sequential Side Slope Closure, North Slope; and authorize the Chairperson to execute the Contract. Motion carried and ordered unanimously.

AUTHORIZE STIPULATION FOR INJUNCTION AND ORDER APPROVING STIPULATION
AND GRANTING PERMANENT INJUNCTION, RE: BREVARD COUNTY V. SUSAN
STEVENS AND ROBERT BIEL V. BREVARD COUNTY SHERIFF

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to authorize the County Attorney to enter into a Stipulation for Injunction and Order approving stipulation and granting permanent injunction, in the Brevard County v. Susan Stevens and Robert Biel v. Brevard County case. Motion carried and ordered unanimously.

REQUEST BY BOB WHALEN, INDIAN RIVER FLYING CLUB, RE: PERMISSION TO
PROVIDE FLIGHT INSTRUCTION TO CLUB MEMBERS AND WAIVE T-HANGAR
LEASE AGREEMENT

Chuck Green stated he is a long-standing member of the Indian River Flying Club; he has a copy of a letter sent to the Club’s president, Bob Whalen; it says, “No person shall conduct any commercial activity on the Airport without written permission from the County”; when he read the letter, he got a copy of the definitions on the actual item that was addressed, Ordinance No. 02-25; and it mentions two things with regard to commercial activity. He noted commercial activity means any activity conducted with an intention to profit, whether or not resulting in a profit or a gain; the Club is not an organization or a corporation with the intention for profit; it is a group of approximately 60 members, with a cap of 60, that own a part of an airplane, although a non-specified part; and it owns two aircraft, one at Valkaria Airport and one at Melbourne Airport. He stated by the definition of the Ordinance, commercial activity is in no way relevant to the Club; the Ordinance also includes airport instruction in an aircraft; the instruction the Club receives is required by the Federal Aviation Administration (FAA), depending on each pilot’s experience and ratings; and a regular private pilot, in order to fly passengers, must fly every 90 days and must do three landings in the 90 days. Mr. Green noted if the pilot does not do that, he could regain his own concurrency or have an instructor go up with him if he feels more confident to do that; as an instrument pilot, he or she has to do certain things every six months; if not, he or she must have an instructor take he or she up; and several of the owners are instructors. He stated the Club does not hire any instructors, have any instructors, or pay any instructors; certain owners of the plane, which have to be members of the Club, have instructor ratings; they help the Club to comply and fulfill the requirements of the FAA for concurrency; and the payment of those instructors is directly to the instructors for their time. He noted it is no different than an individual owning his or her own plane and asking the instructor to give them some training or concurrency that is required by the FAA in the aircraft; it is not done with the expressed recommendation of the Club that certain instructors be used; the instructors are members; and one chooses who they want. Mr. Green stated if one wants to fly elsewhere and get concurrency elsewhere, it is fine; and reiterated the Club does not have instructors on retainers, but they happen to be members and owners that are instructors. He noted he does not understand the letter and why it was sent; under commercial operations, it says “Operations of non-scheduled air service for transportation of freight, passengers, or charter service . . .”; it does not include the Club; and it also reads, “ . . . the giving of flight instruction”; and the Club does not give any flight instruction whatsoever. He reiterated that the owners of the planes, as instructors, are authorized by the FAA to give instruction to other owners of the aircraft; so he does not understand the relevancy of the letter; and requested such letter be withdrawn.

Bob Whalen, President of Indian River Flying Club, Inc., stated the purpose of the Club is to provide for its members the means of obtaining educational proficiency and recreational flying time based on three major concepts: (1) low overall costs, including initial membership fee, per hour flying rate, growth and improvement costs; (2) maximum flying time availability per member, including scheduling flexibility; and (3) equipment quality. He stated equipment quantity and versatility are based upon Club membership and financial growth; both students and rated pilots are eligible to apply for membership; the Club is a shared ownership recreational flying club incorporated in the State of Florida; it operates as a not-for-profit corporation as required by Article 8 of its By-laws that are registered with the Florida Department of State; and as a not-for-profit entity, the Club does not meet the commercial activity definition of Ordinance No. 02-25, Section 18-36, Definitions. He stated Section 18-36 further defines commercial operations, in part, as “Operations of aircraft in connection with a commercial activity, and includes the giving of flight instruction”; since the Club is not a commercial activity, the Club does not believe that instruction given by its members to other owner members constitutes a commercial operation; in view of the confusion concerning this activity, the Club believes it will be helpful to all concerned to ask the County for written permission for members of the Club to provide flight instruction to other members; and it provides the following justification: Brevard County Ordinance No. 02-25, Section 18-83 requires that all aeronautical activities at the airport shall be conducted in conformity with the applicable provisions of the regulations of the FAA. Mr. Whalen stated the Federal Aviation Regulations, Title 14 CFR, Part 61.56 requires that one acts as pilot in command of an aircraft; a pilot shall have conducted a flight review with an authorized instructor within the previous 24 calendar months; if permission for said dual instruction at Valkaria Airport is not granted, it would present a hardship to the Club’s pilots to maintain compliance with Title 14 CFR, Part 61.56 and Ordinance No. 02-25, Section 18-83. He noted the Club requests written permission from the County, in accordance with Ordinance No. 02-25, Section 18-36, Definitions and Section 18-81(3), the use of County airports be allowed for the Club’s aircraft to conduct instructional activity, limited to the giving and receiving of flight instruction only by members of the Club to other members of the Club, and for the Club members to receive flight training from an FAA certified flight instructor. Mr. Whalen stated the Club also requests a waiver to the T-hangar Lease Agreement; and paragraph II.D., which allows Club members to use the Club aircraft and lease the T-hangar for the limited flight training and purposes as described.

Commissioner Carlson inquired how is the flying Club incorporated legally and is it a 501(c)(3); with Mr. Whalen responding he does not know.

Dr. Russell Minton stated he is a pilot and owns his own aircraft; he is a Tuskegee Airman and Experimental Aircraft Association member; he founded the Tuskegee Airman Chapter of Experimental Aircraft Association, Chapter 1288 at Valkaria; and he instituted a Young Eagles Day Program there. He noted he is vitally interested in aviation and enjoys flying; when he heard of the interpretation of the lease hangar at Valkaria Airport, he went into shock; if the County interprets the method of a flying club’s activity as a violation because it is a commercial activity, the next step is a disaster to him; and he learned to fly in a flying club. He stated flying club’s are put together by people who cannot afford to buy an airplane themselves, so they get together, somebody comes up with some money, and the money is shared amongst the members; the members purchase the aircraft and fly; if somebody joins a flying club because they want to learn to fly, he or she has to get instruction; and usually if a flight instructor is hired, there is an agreed upon hourly rate that the instructor gets. Dr. Minton noted most of the time a flight instructor is interested in building hours for his log time because he wants to go onward and upward, and get a corporate jet pilot job or get tagged by the airlines; he will join a flying club because he has an aircraft that he can fly for much less money than going through a fixed based operator in renting it; he can give flight instructions to other members of the club; and a flying club is a body and entity. He stated if he rents a hangar from an airport, the FAA requires he get a certain amount of flight instruction or his license is revoked; he cannot fly if he has not met a biennial flight review, where he must hire a flight instructor and be quizzed on current regulations; he must take the instructor in an airplane and demonstrate flight proficiency to him in various tasks that must be performed to his satisfaction; and he signs off on the log book that he has satisfied the biennial flight regulation requirements. Dr. Minton noted if his log book does not have one of those sign-offs every two years, his pilot’s license is invalid; he has heard frequently that pilot numbers are diminishing; he is of the opinion that hangars are not around for the housing of pilots; and they are around to store airplanes. He stated most of the hangars at Valkaria Airport are occupied by people who are building aircraft; hopefully once he gets the aircraft finished he is going to need instructions to fly it; and requested the Board find a way for them to continue to take their instructions without losing their leases.

Janis Walters stated if she wants to learn to fly, apparently all she has to do is declare herself a student pilot and join the Club; it is a commercial activity no matter how much he pays for it and even if it is free; it is a service that is being provided; and the first gentleman who spoke mentioned the Club has two aircraft, one of which is stored at the Melbourne Airport. She noted such Airport is a more appropriate venue for any sort of flight training; it has emergency equipment and facilities; and suggested the Club pursue a business relationship at that Airport. She stated the Board has made it clear time and time again that Valkaria Airport is meant to be a recreational one; to make this exception means the County is vulnerable to the next exception; if it allows the Club to provide a commercial activity, it cannot deny it to the next; and there is a non-discrimination clause in the Deed, it is all or none.

Curt Lorenc stated the Club did not come to the County first and say it wants to do this activity at Valkaria Airport; it got caught doing the wrong thing; now it is trying to manipulate words and confuse the issue so it can keep doing the activity; and the Club is a flight school. He noted if the Club was a non-profit organization, it would have brought its incorporation papers; it needs to make money to maintain the plane; whether the Club charges for the lessons or does not, it is still a commercial activity; and because other people charge, it makes no difference. He stated if someone joins the Club to get flying lessons, it is still a commercial activity; at present, it is clearly against the Airport’s codified rules; it also is against the T-hangar Lease Agreement; and the Club showed it had knowledge of this today when it spoke. He noted the zoning is GML; the activity is against the zoning and Comprehensive Plan; he has been before the Board for five to seven years on Valkaria Airport; the Board has told the residents over and over again, no commercial; and requested it reinforce that as people are buying and building homes in the area. Mr. Lorenc stated there are safety concerns with a flying club doing that type of activity; and inquired does Indian River Flying Club, Inc. have the proper insurance to do it, is the training of its instructors up to standard, and is the plane being maintained up to standards. He noted the Club has a plane at Melbourne Airport and can conduct the activities there; he would appreciate the Board standing behind what it has told the residents of Valkaria, no commercial at Valkaria Airport; and noted it is also in the codified T-hangar rules, the zoning, and the Comprehensive Plan.

Daniel Faden advised of his opposition to the Club’s request; stated it is a commercial activity; one of the biggest battles at Valkaria Airport has been to keep commercial activity and flight training out; flight safety was a big problem for a long time; and it continues to be somewhat of a problem, but it is very much under control due to the Board’s actions. He noted he has a problem with the Club; the first speaker from the Club indicated it capped its members at 60; the second speaker said the Club was open to all; so there is a contradiction. He stated the Club asked specifically to use the hangar for training; it also said if it could not get training through the Club, it would have to go outside to a school to get the training; so he would equate the training through a Club or through a school as a commercial activity. Mr. Faden noted it is not a pleasure activity the Club is looking for; Valkaria Airport is supposed to be for recreational flying only; the Club would have to be a money making venture due to the hangar, gas, and maintenance fees; and he is sure no one is throwing money in and it is raised somehow through the Club. He reiterated the biggest problem at Valkaria Airport was the repetitive action of training at the Airport, the neighborhood has grown tremendously in 10 years; the problem has worked itself out by control through Mr. Shimkus and the Board; and now the Club wants to do training at the Airport. Mr. Faden requested the Board deny the Club’s request; stated there is Melbourne Airport and other airports better suited for training, emergency activities, towers, and lights, etc.; and requested Valkaria Airport stay a recreational small Airport as it is.

Commissioner Higgs stated the County has tried to have a well run recreational airport at Valkaria; she is not interested in seeing the Airport become a commercial or a flight school center; the Club is renting a hangar, which is permissible under the rules; and it is a shared ownership. She noted since the Club has two planes, one not based at Valkaria Airport, it has the opportunity to provide any other services that might be needed in some other way; for more than 10 years, the County has received a number of complaints from people in the residential area of repeated noise intrusion from airplanes; one runway was closed and one runway was reopened, which brought sound in some neighborhoods that were not impacted; but now the Airport is running well. She stated the Club is wonderful and serves members; she finds it difficult to come up with a way to define what is being done by the Club as not commercial, when someone else would want to do the same thing in another way; that is where she has difficulty and cannot draw the line; and unless there is additional information, the Board should deny the request.

Commissioner Pritchard stated a letter from Mr. Whalen to Assistant County Manager Peggy Busacca says, “Indian River Flying Club, Inc. operates as a not-for-profit Corporation, as required by Article 8 of its by-laws registered by the Florida Department of State; so his assumption is that the Corporation is not-for-profit. Mr. Whalen noted the Club collects dues and pays for the aircraft and cost to fly the airplane; it does not have a pot of money built up from flying; it only collects enough to cover the costs to the aircraft and the flying. Commissioner Pritchard stated the members’ dues pay for the hangar rental, insurance, etc.; with Mr. Whalen responding the dues pay for things that are not generated by flight hours. Commissioner Pritchard noted there was a comment made about noise; it is an airport; people moving next to an airport have to expect airplanes; and he would expect to have airplanes at an airport. Commissioner Pritchard stated the Club has 60 members; and it is limited to that amount of people. Mr. Whalen noted the Club is limited to 60 members by the insurance; 30 members per aircraft is the maximum; and it is club insurance, not commercial insurance. Commissioner Pritchard inquired how many members come to Mr. Whalen without any flight instruction; with Mr. Whalen responding about eight members are under private pilot status. Commissioner Pritchard inquired how many hours does it take to be a private pilot; with Mr. Whalen responded the minimum is 40 hours, and 60 to 80 hours is not unreal. Commissioner Pritchard inquired are many of the members seasoned pilots that cannot afford to have an aircraft any other way; with Mr. Whalen responding yes, probably 52 out of 60. Commissioner Pritchard noted having seasoned pilots, as well as proficient instructors in the Club, provides a good relationship and the type of training Mr. Whalen would like to see with members of the Club so they are proficient aircraft operators. Mr. Whalen stated that is correct, especially since they all own the airplanes. Commissioner Pritchard noted everyone has a vested interested; with Mr. Whalen responding that is correct.

Commissioner Carlson stated in the definitions under Section 18-36, the County defines commercial activity, and Valkaria Airport is a recreational one; and inquired why it does not define recreational activity so everyone knows the kind of activity allowed.

Valkaria Airport Manager Jim Shimkus responded the Ordinance was written before he was the Airport Manager, so he does not have any background information on it. Commissioner Carlson noted it may be a good idea to define what recreational activity is; and in Mr. Whalen’s letter to Ms. Busacca, it states the Club is a not-for-profit Corporation, as required by Article 8 of the Club’s bylaws, registered by the State of Florida. Mr. Whalen responded that is correct; the bylaws say the Club will operate with bare minimum to what it cost to maintain the aircraft; and there is no profit. Commissioner Carlson stated the Club could not operate as a non-profit entity as it is a different definition; with Mr. Whalen responding it could, but the asset in the airplanes would have to be given to charity if the Club is disband.

Commissioner Higgs stated while the Club may not be making a profit, it is not a not-for-profit under the technical definitions; with Mr. Whalen responding that is correct. Commissioner Higgs stated it is not a critical issue to her, whether the Club is for profit or not-for-profit; the County has many not-for-profits that are operating commercial entities; the lines of corporate not-for-profits and for profits are blurry; and what is important is that the Club has a number of people who join for the purpose of flight training. She noted the members receive benefits in the use of the airplane, sharing in the costs and ownership of the airplane; they receive instruction as a part of it; so the Club is operating for eight of the 60 people, a flight training program for someone who owns the plane; and the plane has to be owned in order to be able to contract. Commissioner Higgs stated it gets into a fuzzy commercial activity; and she does not know how to draw the line that says what the Club is doing is okay, and another flight school is not.

Commissioner Carlson stated what confuses her is that the Club is not a flight school and it is a recreational Club, looking to do recreational activities; and yet the County is applying the commercial activity to them. She noted as defined by Dr. Minton and others, the Club is attempting to give the opportunity to recreational pilots to get their licenses, etc.; eight out of 60 members are not a lot of people; perhaps the County could make some accommodation whether it caps the number of people at the not-for-profit and recreational Club; and only “x” number of recreational flight instruction hours could be given. She stated recreational activities are going to occur at the Airport; flying and learning how to fly is part of that as a Club; Melbourne Airport has the flight schools; such schools make a profit; but with club status, it does not make sense not to define it recreationally.

Chairperson Colon inquired about background checks. Mr. Whalen responded the Club conducts background investigations; and when members get their badges from Melbourne Airport, there is also a background investigation conducted. Chairperson Colon inquired who pays for the background checks; with Mr. Whalen responding the Club members.

Commissioner Pritchard stated he does not see the Club as a commercial activity, but as a recreational one; the Club members fly for fun and as a hobby; the aircraft is not leased out for any purpose; and the purpose of the Club is to recreate at the Airport. Chairperson Colon inquired how much does a member pay on the average. Mr. Whalen responded monthly dues are $42; it covers insurance, hangars, scheduling system, postage, etc.; cost of the aircraft covers fuel, maintenance, tires, etc.; and one plane is flown at $40.00 an hour and the other is $46.00 an hour. Commissioner Scarborough noted a member pays his dues and cost of flying; and inquired if he wants to get instructions as well, is it an additional expense. Mr. Whalen responded it is between the student and instructor; and the instruction would be the individual’s own cost.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to deny members of Indian River Flying Club, Inc. to provide flight instruction to other members of the Club at Valkaria Airport; and deny waiver of the T-Hangar Lease Agreement for limited flight training purposes. Motion carried and ordered; Commissioners Pritchard and Carlson voted nay.

REQUEST BY CLIFFORD SULTZ, RE: MODIFICATION TO BREVARD COUNTY CODE

Clifford Sultz, representing Titusville Elks Lodge, stated Joe Hawk came to him with a new piece of equipment for bingo; prior to enacting the equipment, two individuals on the license and himself reviewed the County Code; they found a sentence in the Code that prohibits the equipment; and he checked into 38 other counties in the State, and they do not have that prohibition. He noted Brevard County will not allow computer equipment in bingo games, but other counties in the boondocks do; bingo at the Titusville Elks Lodge is a clean fund raiser; it grosses almost $400,000 a year; after payouts and expenses, it gives $50,000 in charities to Titusville and other charities; and it is a lot of money when looking at all the charities donated to with bingo in Brevard County. He stated there are scholarships and children’s therapy services; 306 children are worked on each week in the County with physical and occupational therapies, at no expense to the parents or insurance; the Elks is the largest charity organization in the United States; and it outdoes United Way and the Red Cross. Mr. Sultz noted the Elks give more scholarships to graduating seniors than anybody but the federal government; and it gets its money from bingo, which is important.

Joe Hawk and Mr. Sultz showed the Board their proposal of an electric dauber; and explained the system. He stated it is in line with the rest of the industry in 42 states and all but two counties in the State of Florida, Brevard and Pinellas Counties; the dauber allows players to keep up that do not have the hand/eye coordination or the sense to daub fast; a lot of players only get one card because it is all they can keep up with; and the electric dauber would allow everyone to increase their playability and compete with the people who get more cards. He noted the system would also provide assistance to the handicapped and bring Brevard County bingo comparable with the rest of the State; and requested the Board amend Sections 10-117(5) and 10-130(a) to allow computerized bingo cards that do not perform ball number selection, and approve abatement until the Code can be amended.

Commissioner Scarborough stated the problem is State Statute; the County does not enforce State Statute; if it is violated, the State Attorney’s Office is involved; and the Board is not able to change State law. He noted he does not know if it is required that the Board define anything; therefore, it is removed from the Code. Mr. Sultz stated State Statute does not prohibit computers as the County Code does. Commissioner Scarborough noted he is not going to define State Statute; the Board does not have the authority or play a role in defining what is a violation of State Statute; the Code says bingo card refers to a flat piece of paper; and that is the problem. He stated the Board has adopted it into its Ordinance; however, he does not know if it is required that it make it a part of the Ordinance; and he does not see any difference between someone marking a piece of paper and marking the box.

Commissioner Higgs noted bingo is an important activity to organizations; if she could play bingo with the computer and does not have to keep up with the cards, she can buy more cards; she is not playing anymore as the computer is playing for her; and it changes significantly what people can do. She stated she wants to hear from all the bingo organizations, as well as about the State law, before the Board makes a decision. Commissioner Scarborough reiterated the Board does not have to enforce State law; it is up to the State Attorney to enforce it; and the Board cannot change the State law.

Commissioner Carlson inquired what benefit does it afford the Board to have an ordinance in place anyway if it has to go by State law; with County Attorney Scott Knox responding he is not sure as it has been a long time.

Mr. Sultz stated the original intent was to stop some of the circumvention of the State law. Commissioner Carlson noted the Board cannot change State law; perhaps going to the Legislature to see if they agree with what Mr. Sultz is saying may be the proper route; it would give the Board due course to change the Code; but if it supersedes the State, it may get in trouble if the State decides it is not constitutional in some way. Commissioner Scarborough stated if the Board passes a law, it is going to be enforced; but if it is not going to be enforced, the Board needs to remove it.

Attorney Knox stated when the Board adopted the Ordinance, it was more restrictive than the State law as there was more detail about definitions; it excluded electronic bingo games, such as the one produced today; and Section 10-17 in the Code says no license can be issued to any organization that uses such a system. Mr. Sultz stated he loses patrons to Orange, Volusia, Osceola, and the southern Counties; and he is losing 20 to 30 people per day; it is disappointing to see the charities go somewhere else.

Commissioner Higgs stated she wants to look at the issue with input from the bingo players and bingo operators in Brevard County; a variety of input was given to the Board in the past; the concern they had was that the operators who had come in under the State law were not not-for-profit groups, but fronting for businesses; and they were not presenting the proceedings to real charities. She noted the Board learned a lot about bingo and not-for-profit groups, etc. Mr. Sultz inquired if it is appropriate for him to get a team together. Commissioner Higgs responded that is fine; Mr. Sultz could talk to various organizations around the County that run bingo; and if there is some consensus, Mr. Sultz and the operators can come back to the Board. Mr. Sultz inquired about the abatement issue; with Chairperson Colon responding she is not interested in doing it.

Commissioner Pritchard stated bingo is bingo; whether somebody is using a card or a computer to play, the thrill is in the number of games that are played, not how quick their hand/eye coordination is; some people find they cannot move as quickly as they used to; so now they are not playing 10 cards, but maybe three cards or one card; and eventually, they have dropped out because the thrill of the game was not there. Mr. Sultz noted it has not been that way with the computer dauber. Commissioner Pritchard stated with the computer dauber, people are still capable of playing 10 or 20 games; Brevard County is losing because of the hand/eye coordination, when it is the thrill of the game that draws people there; and when they cannot play as many games, they tend to lose interest.

Chairperson Colon inquired if Mr. Sultz has researched the subject so much, then why is the State explicit about electronic bingo; stated there has to be a reason; the Board is not going to figure it out today; and if Mr. Sultz wants to put together a group from churches, senior centers, etc. to review the issue and bring it before the Board, it will be happy to listen.

Commissioner Higgs stated there are many charitable groups that run bingo; if the Board changes the name of the game and the way it is played, it affects a lot of different charities; it needs to be sure they are ready for the Board to take this on; and there may be charities that are not in a position to get the equipment. Mr. Sultz stated the equipment is of no cost to the bingo parlor. Commissioner Carlson noted the electronic game promotes gambling; it is no different than a slot machine; but the State did not say counties could not do it; and if the County asks the people, it might be able to make some accommodations in the Code. She noted it is illegal in Florida to gamble, even though there are bills in the House and Senate regarding video gambling in pari-mutuels; if the State wants to say gambling is all right, then the County will do it; but until it says so, it is stuck with what exists in the law. Mr. Sultz stated he disagrees with Commissioner Carlson’s analogy; but he will work the options and return to the Board in two weeks.

REQUEST BY MARJORIE DERRICK, RE: PREMPTION OF CITIZEN INPUT AND LOCAL
GOVERNMENT ZONING

Marjorie Derrick stated Florida House Bill 1307, now Florida Senate Bill 1450, is finding its way through legislative committees in Tallahassee and scheduled to be in place by July 1, 2003; the bill is an amendment to Florida Statute 365.172; it is designed to aid the cell phone industry in responding to emergency 911 calls from cell phones; and the problem has been to be able to locate the caller in a timely manner. She noted Congress has been involved with the issue and is leaning heavily on the industry to do something about; there have been a lot of problems in locating callers; the bill is moving fast and is seeing major changes as it goes; and the changes are encouraging. She stated in its original form, the bill pre-empted local government authority over zoning regulations on all government-owned lands and buildings, both county and municipal; it also stated that federal regulations are to apply to tower height, but local governments are not allowed to require evidence that such compliance has taken place; all that has been removed; and zoning authority has been restored to local governments. Ms. Derrick expressed concern with the possibility that local governments still might have their zoning regulations pre-empted in some way by amendments for the wireless communications industry; stated the County is governed by home rule, the concept that local governments and citizens are best qualified to know what their community needs; and while she can appreciate the need for enhanced emergency communications, the idea of a limit being put on local government authority to achieve this is something she is not comfortable with. She noted since that possibility still could happen, she would appreciate the Board asking the Delegation to monitor the bill carefully for amendments that might take away any local authority.

Douglas Sphar requested the Board send a letter to the Legislative Delegation requesting it not support any legislation that restricts the rights of counties and cities to regulate the locating of cell towers; stated the cellular industry has been pushing for such legislation under the guidelines implementing the federal mandate for enhanced 911 service; that is the cellular system must provide, within a specified accuracy, the location of a handset over which a 911 call is placed; and he suggests that the cellular industry may also have a profit motive for the proliferation of cell towers. He noted a cell tower defines a center of a cell; the more cells in a service region, the more simultaneous calls a system can handle; and the more simultaneous calls they handle, the more money they make. He stated the network based technology of determining caller position by a triangulation of signals received at cell towers will soon be supplanted by technology that calculates caller location within the handset using Global Positioning System (GPS) technology; in 1999, the Federal Communication Commission revised the enhanced 911 mandate to include handset based solutions using GPS technology; cell phones with GPS chips are already in the market; and by 2005, all new cell phones must have GPS capability. Mr. Sphar noted the GPS industry has responded by developing sensitive GPS receivers on a chip that can pick up GPS signals indoors; a technology called assisted GPS is being deployed in metropolitan areas so that GPS satellite information can be acquired inside high-rise office buildings; and inquired why should the County suffer the visual blight and possible environmental impact of proliferating cell towers when a better technology using GPS satellite 11,000 miles above the earth is rapidly evolving. He requested the Board approve the draft letter and send it to the State Legislative Delegation.

John Derrick stated HB 1307 and SB 1450, amending Chapter 365.172 Florida Statutes, deal with the 911 emergency system; to develop a Countywide 911 system, Brevard County worked hard and crafted excellent zoning regulations; the regulations work well; the proposed bills will not affect it yet; however, it is not the case for every County in Florida. He requested the Board tell the legislators that it is against HB 1307 and SB 1450; and stated the proposed bills are supported by the wireless telecommunications industry and would increase tower heights and exempt them and the number of towers from local zoning regulations. He stated the main problem is pinpointing precisely from where a distressed call is placed when an individual uses a cell phone; and when someone calls from a regular phone, the location is immediately available to 911 operators. He noted as more and more people are using cell phones away from their homes, locating them is becoming a problem; since approximately 140,000 emergency wireless calls are made every day, it is imperative that the caller can be located; he finds that figure hard to believe; and to resolve the concern, technology now exists to place chips in each handset which uses GPS. Mr. Derrick stated it is a far simpler solution than building numerable additional cell towers; if the Board wishes to see towers gone wild, it needs to drive by I-95 and Malabar Road; exempting one business from local zoning regulations is a bad idea; the lobbyists in Tallahassee are writing Brevard County’s laws and not the Board; and it should not be tolerated.

Commissioner Higgs stated she would support having the Chairperson send a letter to Brevard County Lobbyist Guy Spearman, Florida Association of Counties, and Legislative Delegation to let them know what is in the state draft.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to direct staff to draft a letter for the Chairperson’s signature to send to Brevard County Lobbyist Guy Spearman, Florida Association of Counties, and the Legislative Delegation opposing the legislation from the cell tower industry to preempt local government zoning. Motion carried and ordered unanimously.

REQUEST BY MICHAEL BAHOR, RE: INITIATION AND DEVELOPMENT OF AMENDMENT
TO ACTIVE OPEN SPACE ORDINANCE

Michael Bahor, Sheffield Engineering, representing Sun Lake Estates, requested the Board consider modifying one of the Land Development Regulations under Section 62-1102, Open Space Usable Common; and stated currently it reads, “50% of the required total common usable recreation and open space requirement may be devoted to passive recreation.” He stated active open space has to be equal to 50% of the open space required by the Regulations; because it is a percentage of the acreage, it is not tied to the population; and his Company developed two scenarios, each being 100 acres. He noted 75% of the total area being a wetland or lake only has 50 lots; there is still 12 ½% active open space or only 12 ½ acres for 50 lots; under the current regulation, if there was a different piece of property of 100 acres, the Company could put 300 units on it and still have 12 ½% or 12.5 acres of active open space; and the fundamental difference is coming up with the definition that active open space is not a function of the acreage of the site, but a function of the number of dwelling units of the population of the development created. Mr. Bahor stated the Company is proposing that the active recreational or active open space be a function of the population or the number of dwelling units; under the current concurrency requirements, the actual requirement is about .3 acre of active open space per 100 residential dwelling units; he does not believe it is enough and should be two acres of active open space per 100 dwelling units; and requested the Board’s support as it is inequitable when based on acreage.

Commissioner Carlson inquired did Rick Enos see the attachment where it talks about existing requirements and proposed requirements; with Zoning Manager Rick Enos responding affirmatively. Commissioner Carlson stated based on the calculation for active open space, the example cited currently for 130 acres, 150 units, and 30 acres of developable area, 100 acres is actually passive recreation; and inquired could it be considered passive open space. Mr. Enos responded that is correct; there are two kinds of open space, active and passive; this classification requires that 25% of the site be open space, which is the sum of the two; but it also says that at least half of that has to be active. Commissioner Carlson inquired is it 25% of the developable property, or 25% of the total; with Mr. Enos responding it is the total site, and that is where the problem is. Mr. Enos stated the problem with the provision is that 12 ½% of the site, regardless of how much of the site may be unusable or passive recreation, has to be active recreation; there is no relationship between the standard and the amount of people that will be using that open space; so staff agrees with the applicant that a better approach would be to equate the amount of active open space to the number of people using the site, which the County can do through a standard that can be developed to relate the number of acres of active open space to the number of units on the site. Commissioner Carlson noted in interpreting the example, every residence would be given an acre of open space versus the proposed requirement, which means it would be a fifth of an acre per resident; with Mr. Enos responding that is correct. Mr. Enos stated in a low-density project, each person is getting a whole lot more active open space than a higher density project would get.

Commissioner Scarborough stated the second page of Mr. Bahor’s letter includes total provided open area; it is 100 acres; and inquired is it the total open area. Mr. Enos responding that is correct; and stated it is being driven in this case because there is so much wetland on the site. Commissioner Scarborough stated the total open area required is 32.5 acres and inquired what does it mean. Mr. Enos responded it is 25% of the 130 acres. Commissioner Scarborough inquired in all scenarios under all circumstances, would the area that is open as a total be reduced. Mr. Enos responded the only thing that would be reduced, in many cases but not all, is the active component; the total number will still be 25% of the site; and staff is not proposing that it change.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to direct staff to provide a report to the Board with legislative intent concerning an amendment to the active Open Space Requirement for residential developments requiring open space based on number of residential units rather than acreage. Motion carried and ordered unanimously.

DISCUSSION, RE: NORTH COURTENAY PARKWAY CITIZEN RESOURCE GROUP

Commissioner Pritchard stated he brought this issue to the Board two weeks ago; a report was done in 1995 regarding the North Courtenay corridor that would be north of the Barge Canal; the report that was done did not go anywhere; and there have been some changes and a request on the North Merritt Island Special District Board that the report be revisited and brought up to date. He noted he sent a letter to Aneta Ott, chairman of the board, asking her for nominations for the Committee; and he would consider appointing nine members to it, with a sunset of nine months, in order for it to come back with a report based on the initial report that was done in 1995.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to convene the North Courtenay Parkway Citizen Resource Group of nine members for nine months to bring plans and recommendations to the Board in January 2004. Motion carried and ordered unanimously.

PUBLIC COMMENT BY ERIC FRICKER, RE: HOUSE BILL 601

Eric Fricker, Vice Mayor of City of Cocoa Beach, stated he is not of the majority opinion of the Cocoa Beach Commission on this issue; and expressed concern of House Bill 601, which affects Cape Canaveral Hospital, Cocoa Beach, and Brevard County. He noted he is opposed to two amendments to the bill, which de-annexes the Hospital from Cocoa Beach and implements a land swap of submerged lands to pave the way for the filling of eight acres of the Banana River. He stated the amendments would also affect the relationship between the Hospital and the County; however, there is a compromise position that will allow the State to help both the City and the Hospital. He noted the Hospital should be given the right to pre-empt the height and density laws of Cocoa Beach to allow it to build as high as it would like to on its current campus; it should remove any hardship it has for its expansion; and requested the Board inform the State House of its position on the amendments and its support for the compromise position of allowing the Hospital to pre-empt Cocoa Beach height and density rules. Mr. Fricker noted the opinion needs to be faxed as the issue will be voted on tomorrow in the Judiciary and Tax Committees.

Commissioner Scarborough inquired is Mr. Fricker familiar with Amendment 2; with Mr. Fricker responding he has a copy of it. Commissioner Scarborough stated Amendment 2 reads, “In the event of any conflict between a duly adopted hospital district comprehensive plan or amendment approved pursuant to Sections 163.3184 or 163.3187, Florida Statutes, and a plan or land development regulation or charter provision of another local government, the hospital district plan shall prevail.” Mr. Fricker noted the State could help out in this situation if the Hospital was not required to abide by the City’s height and density issues. Commissioner Scarborough stated height and density should be specifically exempted, but the bill is all inclusive; and 20 years later, something like this will come back and bite Mr. Fricker’s successors. He stated there may be no ill intent here and perhaps it is to handle a height issue; but to go this far can create some troubles for the County where there is the capacity for a non-elected authority to move in front of elected bodies.

Commissioner Carlson noted there have been controversial issues concerning Cape Canaveral Hospital and its growing into the Lagoon, the environmental impacts, etc.; and she sees the issue as circumventing the local control in the community.

Commissioner Pritchard stated the majority of the Cocoa Beach Commission is in favor of the House Bill; he went to a meeting on Sunday night in Cocoa Beach; it was well attended; and the vast majority of attendees are supportive of the Hospital creating its district and moving on. He noted it has become embroiled in the politics of Cocoa Beach and it should not be; there are two different entities; it is not a question of height and density, but a question of over eight acres of lagoon that the Hospital is willing to take and give back 37 acres; and it is willing to take half of the 8.8 acres and put in retention ponds, which is going to filter the runoff. He stated instead of having the muck and silt that is currently surrounding the Hospital property, there would be a filtered water system; and it would enhance the environment. Commissioner Pritchard noted it is not a pristine water body; Jim Egan indicated the Banana River Aquatic Preserve and Indian River Lagoon are estuaries of national significance, and the area is federally listed as critical habitat for the endangered manatee; however, there are not any manatees as there is rock, rubble, dirt, and silt; and there is nothing there. He noted there are no fish, crabs, or critters; the Hospital would enhance the area by providing filtration, as well as give 37 acres back to the State; it gives Cocoa Beach the ability to manage its affair of having the lower density and lower height requirements that the City wishes to have without affecting the health care service provided by the health care community; and it allows engaging in comprehensive planning for the hospital district in order to most efficiently provide health care facilities and services. Commissioner Pritchard stated for the Board to take a position at this point is premature. Commissioner Scarborough noted he is not trying to criticize what the Hospital is doing or what it should do; it is not his role; there would be a hospital that could act from henceforth and into the future independent of any consideration for comprehensive plans of the County or adjoining cities; but if it is how far one has to go to accomplish the objective, he questions it. He stated what Commissioner Pritchard is saying can be accomplished with an easier, straightforward approach to the planning process; and inquired if Cocoa Beach is endorsing it, why does it not amend its plan to let it happen. He noted this is setting a precedent for entities created by the State Legislature; it would create a mess in Brevard County; he has never seen language similar to this in his life; and he is not talking site specific, but about legal ability to ignore everybody else’s input.

Commissioner Higgs stated it allows the Hospital to go forward, and read the language, as follows: “To acquire by grant, purchase, lease, devise, gift, bequest, or condemnation, or in any other manner, real or personal property, or any estate or interest therein, within or without the Hospital District”; so it is giving it power outside the District that it can conclude in its mind is in its interest; and it is a power that she does not find in many local governments go outside their own jurisdictions. Commissioner Scarborough suggested County Attorney Scott Knox review the issue and bring it back to the Board.

Chairperson Colon stated it will be voted on tomorrow; with Commissioner Pritchard responding it is a State issue and it is going to vote anyway. Chairperson Colon requested the item come back to the Board Thursday night. Commissioner Scarborough stated the Board may want to support what is being done as physical act of improving the Hospital, while saying this is not the way to change the fundamental laws of the State. Commissioner Higgs suggested a letter be sent tomorrow to the appropriate officials indicating the Board has concerns and will be reviewing the issue at its meeting on April 10, 2003, including the provisions mentioned by Mr. Fricker and condemnation outside the District. Commissioner Scarborough noted the letter could include that the Board is not commenting unfavorably about the developments proposed at the Hospital. Commissioner Pritchard stated if the letter says the Board has concerns, that is fine, as long as it does not take a position. Commissioner Scarborough noted the language could be crafted in a way to accomplish the purposes.

Chairperson Colon requested County Manager Tom Jenkins send the letter tomorrow; and stated the Board will discuss the issue again Thursday night.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 6:17 p.m.

ATTEST:
__________________________________
JACKIE COLON, CHAIRPERSON
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
___________________
SCOTT ELLIS, CLERK

(S E A L)