The Board of County Commissioners of Brevard County, Florida, met in regular session on August 6, 1996, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Mark Cook, Commissioners Truman Scarborough, Randy O?Brien, Nancy Higgs, and Scott Ellis, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Reverend Lance Olinski, Zion Christian Church, Palm Bay, Florida.

Commissioner Randy O?Brien led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to approve the minutes of the April 23, 1996 Regular Meeting. Motion carried and ordered unanimously.

APPROVAL, RE: RESCHEDULE AGENDA ITEM

Assistant County Manager Joan Madden requested Item VI.B.1 be rescheduled to the August 13, 1996 meeting to allow the Commissioners time to review new information.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to table consideration of the Brevard County Home Consortium Consolidated Action Plan to August 13, 1996. Motion carried and ordered unanimously.

ANNOUNCEMENT, RE: AQUACULTURE LEASING

Commissioner O?Brien advised he discussed aquaculture leasing with Lt. Governor Buddy MacKay, and expressed disappointment with the way the Department of Environmental Protection has been delaying getting answers back to the County. He stated Lt. Governor MacKay indicated he would bring it back to the Cabinet for discussion.

DISCUSSION, RE: WAIVER OF FEES FOR SPACE COAST MARINE INSTITUTE

Commissioner Ellis advised he faxed information to each of the Commissioners on the Space Coast Marine Institute; and Mr. Richards is present to answer questions. He advised the Board donated property at the end of Sarno Road to the Institute; it has requested waiver of fees; and requested staff report at the next meeting on what fees can be waived.

Motion by Commissioner Higgs, seconded by Commissioner Ellis, to direct staff to report at the next meeting on which fees the Board may waive for the Space Coast Marine Institute. Motion carried and ordered unanimously.

ANNOUNCEMENT, RE: CANVASSING BOARD

Commissioner O?Brien advised he was appointed to the Canvassing Board; there is a special election today in Cocoa Beach; and he will need to be at the Elections Office at 6:00 p.m.

ANNOUNCEMENT, RE: RESCHEDULE MEETING WITH SECRETARY WETHERELL

Chairman Cook stated the meeting with Department of Environmental Protection Secretary Virginia Wetherell has been canceled; and it will be rescheduled in September, 1996.

APPOINTMENT, RE: LIVE-ABOARD VESSEL COMMITTEE

Chairman Cook stated he would like to appoint Warren McFadden to the Live-Aboard Vessel Committee.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to appoint Warren McFadden, 11680 Point Drive, South Merritt Island, to the Live-Aboard Vessel Committee. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: ISLAND CROSSING SUBDIVISION, PHASES 2, 3, AND 4

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to grant final engineering approval for Island Crossing Subdivision, Phases 2, 3, and 4, subject to minor engineering changes as applicable. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: VIERA NORTH PUD, TRACT L, PHASE I, UNITS 1 AND 2

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to grant final engineering approval for Viera North PUD, Tract L, Phase I, Units 1 and 2, subject to minor engineering changes as applicable. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF ORDINANCE FROM CITY OF WEST MELBOURNE, RE: VOLUNTARY ANNEXATION

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to acknowledge receipt of Ordinance No. 96-18 from City of West Melbourne regarding voluntary annexation of certain real properties into the City; and direct Public Works to begin initial negotiations with the City regarding shared maintenance responsibilities for Orange Avenue. Motion carried and ordered unanimously.

INTERLOCAL AGREEMENT WITH CITY OF COCOA, RE: SR. 524 BICYCLE/PEDESTRIAN WAY

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Interlocal Agreement with City of Cocoa for construction of a bicycle/pedestrian way on SR 524. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE WITH KABBOORD PROPERTIES, INC., RE: MOSQUITO CONTROL IMPOUNDMENT SITES ALONG EAST BANK OF SYKES CREEK

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Contract for Sale and Purchase with Kabboord Properties, Inc. for mosquito control impoundment sites along the east bank of Sykes Creek. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH NATIONAL TECHNICAL ASSOCIATION - PROJECT STAR, RE: FUNDING FOR EDUCATIONAL ACTIVITIES

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Amendment to Agreement with National Technical Association - Project STAR for funding educational activities, for a total amount of $70,003. Motion carried and ordered unanimously.

AGREEMENT WITH BREVARD COUNTY MEDICAL SOCIETY, INC., RE: FY 1997 WE CARE PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Agreement with Brevard County Medical Society, Inc. for FY 1997 WE CARE PROGRAM services from October 1, 1996 through September 30, 1997. Motion carried and ordered unanimously.

GRANT AGREEMENT WITH FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES, RE: FY 1996 PHYSICALLY HANDICAPPED ACCESS EXPRESS GRANT

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Grant Agreement with Florida Department of State, Division of Library and Information Services for 1996 Physically Handicapped Access-Express Grant in the amount of $31,160. Motion carried and ordered unanimously.

REMOVAL FROM INVENTORY, RE: STOLEN PANASONIC VIDEO RECORDER

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve removal from the County Inventory of a Panasonic video recorder, No. D214-0190, reported stolen from Library Services. Motion carried and ordered unanimously.

APPROVAL OF BUDGET CHANGE REQUESTS, RE: ESTABLISHING BUDGETS FOR RECEIPT/EXPENSE OF FUNDS FOR PROJECT CONSTRUCTION PLANS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve Budget Change Requests establishing budgets for receipt/expense of funds for Project Construction Plans received from contractors for Kelly Park West, Fisherman?s Landing, and First Street, South Patrick Community, Manatee Cove, and Rotary Parks. Motion carried and ordered unanimously.

PERMISSION TO SEEK PROPOSALS, RE: MEETING PLANNER PROFESSIONAL TO PURSUE MEETINGS/CONVENTIONS MARKET

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to grant permission to seek proposals for a meeting planner professional to pursue the meetings and conventions market for the Tourist Development Council; and approve a Selection Committee consisting of Executive Director Robert Varley and the TDC Marketing Committee. Motion carried and ordered unanimously.

APPROVAL OF PETITION FOR ANNEXATION, RE: PORTIONS OF NORTH WICKHAM ROAD INTO CITY OF MELBOURNE

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to execute Petition for Annexation for portions of North Wickham Road into the City of Melbourne. Motion carried and ordered unanimously.

APPROVAL OF BUDGET CHANGE REQUEST, RE: BUDGET AMENDMENT TO INCREASE COPY MACHINE BUDGET FOR CENTRAL SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve Budget Change Request for budget amendment for the Central Services copy machine rental program. Motion carried and ordered unanimously.

APPROVAL, RE: REVISED PRECINCT BOUNDARIES DUE TO ANNEXATIONS BY CITIES OF WEST MELBOURNE, MELBOURNE, AND TITUSVILLE

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve revised precinct boundaries for Precincts 29, 42, 43, 72, 74, 89, 90, 103, 121, and 145 due to annexations by the Cities of West Melbourne, Melbourne and Titusville. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to appoint Ed Coburn, 3780 Canaveral Groves Boulevard, Cocoa, to the Planning and Zoning Board as District 1 Alternate; and appoint Janet Bonder, 11650 Point Drive, Merritt Island, Douglas Jaren, 1360 South Banana River Drive, Merritt Island, and Donna Ritchley, 14 Myrtice, Merritt Island, to the Live-Aboard Vessel Committee. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve Bills and Budget Transfers, as submitted. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITIES AND DRAINAGE EASEMENT IN CANAVERAL GROVES REPLAT, UNIT 3 - WILLIAM KERNER

Chairman Cook called for the public hearing to consider a resolution vacating public utilities and drainage easement in Canaveral Groves Replat, Unit 3 as petitioned by William Kerner.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution vacating public utilities and drainage easement in Canaveral Groves Replat, Unit 3 as petitioned by William Kerner. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PORTIONS OF FURMAN ROAD RIGHT-OF-WAY - PULTE HOME CORPORATION

Chairman Cook called for the public hearing to consider a resolution vacating portions of Furman Road right-of-way as petitioned by Pulte Home Corporation.

There being no objections heard, motion was made by Commissioner O?Brien, seconded by Commissioner Scarborough, to adopt Resolution vacating portions of Furman Road right-of-way as petitioned by Pulte Home Corporation. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENT IN RIVER ISLAND RAQUETTE CLUB - MICHAEL N. AND DIANE S. CLARK

Chairman Cook called for the public hearing to consider a resolution vacating public utility easement in River Island Raquette Club as petitioned by Michael N. and Diane S. Clark.

There being no objections heard, motion was made by Commissioner O?Brien, seconded by Commissioner Scarborough, to adopt Resolution vacating the public utility easement in River Island Raquette Club as petitioned by Michael N. and Diane S. Clark. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING DRAINAGE EASEMENT IN SUNTREE PUD, STAGE ONE, TRACT E - ROBERT M. RENFRO

Chairman Cook called for the public hearing to consider a resolution vacating drainage easement in Suntree PUD, Stage One, Tract E as petitioned by Robert M. Renfro.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner O?Brien, to adopt Resolution vacating drainage easement in Suntree PUD, Stage One, Tract E as petitioned by Robert M. Renfro. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: VARIANCE TO COUNTY COASTAL SETBACK LINE - PATRICIA KRAMER

Chairman Cook called for the public hearing to consider a variance to the County Coastal Setback Line as petitioned by Patricia Kramer.

Environmental Section Supervisor Debbie Coles stated the property is going to be represented by Ed Fleis who is not present at this time, but is expected. The Board delayed the item until Mr. Fleis is present.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE PROVIDING FOR CUP FOR ALCOHOLIC BEVERAGES IN BU-1-A ZONING CLASSIFICATION

Zoning Official Rick Enos stated the Board requested a proposal on adding a conditional use permit for alcoholic beverages in BU-1-A zoning classifications; an ordinance has been prepared; and the item is for permission to advertise a public hearing to consider the proposed ordinance. He stated the conditional use permit would be available only where accessory to a snack bar or restaurant; and other conditions are being suggested.

The Board discussed the issue including the effect on the rest of the County and the impact to residential neighborhoods. Commissioners Scarborough, Higgs, and O?Brien expressed concerns. Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to take no further action on request to advertise public hearing on ordinance providing for CUP for alcoholic beverages in BU-1-A zoning classification.

Discussion ensued on possible impacts to Port St. John, what happened in the West Melbourne case, criteria for denial of a CUP request, and zoning in Mixed Use Districts.

Chairman Cook called for a vote on the motion. Motion carried and ordered. Commissioners Scarborough, O?Brien, Higgs, and Cook voted aye; Commissioner Ellis voted nay.

Edward Fleis, 1090 Highway A1A, Satellite Beach, representing Patricia Kramer, explained the reason for Ms. Kramer?s request for a variance from the Brevard County Coastal Setback Line, which has been modified to 14 feet.

The Board inquired about the proposed and existing structures.

Bob Schuett, 7935 Highway A1A, Melbourne Beach, looked at the map; and stated he has no questions.

Discussion ensued on the position of the house and pool and the rate of erosion.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to continue the public hearing to consider a variance to the County Coastal Setback Line to August 13, 1996. Motion carried and ordered unanimously.

APPOINTMENT, RE: ENVIRONMENTALLY ENDANGERED LANDS PROGRAM PROCEDURES COMMITTEE

Assistant County Manager Stephen Peffer stated in 1990 a ten-member EEL Procedure Committee was appointed by the Board; six months later an eleventh member was added by unanimous decision of the Board; and inquired if the Board wishes to keep an eleventh Committee member and if so, how should it be filled. He stated the position was from the Parks and Recreation Advisory Board; and the difficulty is there are four Advisory Boards from which to choose.

Motion by Commissioner O?Brien, seconded by Commissioner Higgs, to eliminate the Parks and Recreation Advisory Board seat on the EEL Procedure Committee.

Commissioner Ellis expressed concerns.

Chairman Cook called for a vote on the motion. Motion carried and ordered. Commissioners Scarborough, O?Brien, Higgs, and Cook voted aye; Commissioner Ellis voted nay.

DISCUSSION AND DIRECTION, RE: TALENT AGENCIES

Commissioner O?Brien stated the Department of Business and Professional Regulation requires licensure of talent agencies including out-of-state talent searches; and explained the problems encountered in the County due to lack of enforcement.

Motion by Commissioner Scarborough, seconded by Commissioner O?Brien, to direct Chairman Cook and the County Attorney to meet with representatives of the Tax Collector?s Office and State Attorney?s Office regarding enforcement of current regulations regarding talent agencies. Motion carried and ordered unanimously.

DISCUSSION, RE: ECONOMIC DEVELOPMENT TAX EXEMPTION ORDINANCE

Commissioner O?Brien stated a sunset provision was included so at the end of ten years staff will be reminded this has to go back for referendum or die due to the time limit.

Discussion ensued on operation of the applications review subcommittee.

Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to grant permission to advertise a public hearing to consider an ordinance amending the Economic Development Tax Exemption Ordinance; and direct the County Attorney to write a letter to the EDC advising that the subcommittee that reviews applications to determine percentage of abatement must advertise its meetings and keep minutes to record its deliberations.

Discussion ensued on ways to verify employment levels.

Chairman Cook requested the motion include direction that if there is a financial interest by members of the Committee, they declare a conflict of interest. Commissioner Higgs accepted the amendment to the motion; with Commissioner O?Brien accepting as seconder of the motion. Chairman Cook called for a vote on the motion, as amended. Motion carried and ordered unanimously.

The meeting recessed at 10:16 a.m. and reconvened at 10:33 a.m.

PUBLIC HEARING, RE: ORDINANCE AMENDING SIGN ORDINANCE

Chairman Cook called for a public hearing to consider an ordinance amending the Sign Ordinance.

Mark Rapp, representing Big Brothers/Big Sisters Brevard, Melbourne Area Junior Women?s Club, and the Jaycees, requested a change in the definition of ?bench sign? to exempt it from the Code.

The Board commented on the problems of benches placed in the rights-of-way and public parks.

Jeanine Moss, representing Suntree Board of Directors of the Master Homeowners Association, expressed concern about signs in the County?s rights-of-way.

B. B. Nelson commented on the length of the title of the proposed ordinance; with the County Attorney explaining the legal requirements for titles. Mr. Nelson explained his concerns about the existing and proposed ordinances; requested a provision to allow a Conditional Use Permit for billboards; and advised of other clutter in the County.

Don Gordon, representing the billboard industry, expressed support for the proposed ordinance.

Scott Pollinek, representing Lamar Outdoor, expressed support for the proposed ordinance.

Marguerite Engels, representing Keep Brevard Beautiful, requested a more restrictive sign ordinance. Skip Alston, representing Keep Brevard Beautiful, spoke in opposition to billboards; and urged the Board to be more restrictive. Ms. Engels and Mr. Alston advised of their inability to get a copy of the proposed ordinance.

Discussion ensued on the public?s concern about the proposed ordinance and the possibility of forming a task force.

Bob Wille, representing the Brevard Homebuilders and Contractors, expressed concern about restriction of directional open house signs; and stated the industry agrees with the LPA to leave the Ordinance the way it is.

Discussion ensued on rules for political signs, placement of signs in rights-of-way, and the unconstitutionality of regulating signs by content.

Trudy Infantini expressed support for the temporary sign changes and the increase of height of freestanding signs.

Tom Wingert, owner of Golf Cart Provisions, advised of the necessity of signage to support businesses.

Charles Moehle expressed support for what has been presented; agreed with the necessity for signs; and commented on the limits on signs for small businesses.

Michael Boland advised of the necessity of billboards to support tourism.

Discussion ensued on concerns about increasing the size and height of billboards, whether the current Ordinance should be changed, serving the needs of the public, aesthetic aspects of signage, lack of community input, and formation of a task force. The Board reached consensus to not adopt the proposed ordinance.

Motion by Commissioner Scarborough, seconded for discussion by Chairman Cook, to establish a Task Force of ten members, two to be appointed by each Commissioner, one representing sign users or the industry and the other representing general public interests. Motion carried and ordered unanimously.

Chairman Cook announced appointments to the Task Force will take place at the next meeting.

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD VALOREM EXEMPTION TO HARRIS CORPORATION-SEMICONDUCTOR SECTOR

Chairman Cook called for the public hearing to consider an ordinance granting economic development ad valorem exemption to Harris Corporation-Seimconductor Sector.

Economic Development Director Greg Lugar explained the issue is to consider providing a tax exemption for Harris Corporation-Semiconductor Sector at 100% for ten years.

Discussion ensued on the advantages of the expansion of the company.

There being no further comments or objections heard, motion was made by Commissioner O?Brien, seconded by Commissioner Higgs, to adopt an Ordinance granting economic development ad valorem exemption to Harris Corporation-Semiconductor Sector. Motion carried and ordered unanimously.

DISCUSSION, RE: RESPONSE FROM DEP ON USE OF SPOIL ISLANDS AS FUTURE DISPOSAL SITES

Commissioner O?Brien explained the position of the Department of Environmental Protection regarding use of spoil islands; and requested the Board discuss the issue.

Discussion ensued on ways to resolve the issue, environmental concerns of DEP, specific dredging projects that will require spoil sites, whether there are ecologically viable communities on the spoil islands, and the cost of using uplands as disposal sites. The Board expressed differences of opinion regarding the position of DEP. Discussion resumed on using spoil to fill holes made by the Department of Transportation for the building of U.S. 1, ways to make ecologically viable islands, getting further information from Secretary Wetherell, identification of particular sites or areas, what is necessary in terms of engineering to protect the river, turbidity barriers, and the importance of continuing dialogue with DEP.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to direct staff to continue working with the Department of Environmental Protection on the possible use of spoil islands as future disposal sites, develop a list of specific islands for such use with appropriate maps to show their locations, and get input from appropriate committees. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING ROADSIDE VENDORS ORDINANCE

Leonard Beckett requested clarification on the civil penalty. Commissioner O?Brien explained his position on fair and reasonable penalties. Mr. Beckett expressed agreement with minimum penalties.

Discussion ensued on the wording of the penalty provisions of the proposed ordinance and minimum fines.

Motion by Commissioner O?Brien, to prepare a resolution setting a minimum citation fee of $125 with the violator having the option to pay the fee or request a hearing. Motion died for lack of a second.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant permission to advertise a public hearing to consider an ordinance amending the Roadside Vendors Ordinance; and direct the County Attorney to prepare a memorandum describing the possibility of setting a minimum penalty as suggested by Commissioner O?Brien, for the Board?s review during the public hearing.

Discussion ensued on the implications of having a minimum fine, the effect of the proposed ordinance on garage sales and charitable events, enforcement of the existing Roadside Vendor Ordinance, and whether there can be exemptions to the proposed ordinance.

Chairman Cook called for a vote on the motion. Motion carried and ordered. Commissioners Scarborough, O?Brien, Higgs, and Cook voted aye; Commissioner Ellis voted nay.

DISCUSSION, RE: SEAWALL SETBACKS

Commissioner Ellis stated the seawall setback issue came up as a result of a neighborhood dispute; and advised of the reasons for seawall setbacks.

Discussion ensued on seawall setbacks, visual buffers, and County liability for its property along seawalls.

The Board directed staff to provide the Board with information on seawall setbacks and the possibility of deleting such setback requirements.

FINAL ENGINEERING APPROVAL, RE: STONE LAKE SUBDIVISION

The Commissioners discussed a letter from Phyllis Woodford and the response to the letter from Jim Stone, developer of Stone Lake Subdivision, concerning stormwater runoff. Mr. Stone described his property and how he is dealing with stormwater runoff. Code Compliance Director Ralph Brescia explained the design of Mr. Stone?s project; and advised it is an improvement.

Motion by Commissioner O?Brien, seconded by Commissioner Scarborough, to grant final engineering approval for Stone Lake Subdivision, subject to minor engineering changes as applicable. Motion carried and ordered unanimously.

Mr. Stone commended Land Development Specialist III Gwen Heller.

PERMISSION TO PURCHASE FROM CHECKPOINT SYSTEMS, INC., RE: RAPID CIRC II PATRON SELF CHECKOUT SYSTEMS

Commissioner Scarborough advised the purpose of the purchase is to run the library more efficiently while using less personnel, and if that is not the result, the equipment will be turned back in.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve purchase of four RapidCirc II Patron Self Check Out Systems from Checkpoint Systems, Inc. at $21,995 each for a total of $87,980; and directed staff to report to the Board in 90 days on whether the systems have resulted in reduction in staff.

Discussion ensued on system security and whether other libraries are using such a system.

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

PUBLIC COMMENT

Trudy Infantini requested the Board reconsider advertisement for public hearing for an ordinance for CUP for alcoholic beverages in BU-1-A zoning classifications.

The Board discussed whether to reconsider the issue, but took no action to do so.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 12:20 p.m.

MARK COOK, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

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