The Board of County Commissioners of Brevard County, Florida, met in regular session on March 23, 1999, at 9:05 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O'Brien, Nancy Higgs, Sue Carlson, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Sue Carlson, District 4.

Commissioner Nancy Higgs led the assembly in the Pledge of Allegiance.

REPORT, RE: USE OF LOBBYIST BY EDC

County Manager Tom Jenkins advised the Economic Development Council is planning a trip to Tallahassee and requested permission to use the assistance of the County's Lobbyist Guy Spearman on issues the Board previously endorsed such as the State's targeted industries program and Space Program.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize EDC to use the services of County Lobbyist Guy Spearman to assist on issues the Board previously endorsed.

Commissioner Higgs stated as long as it is clearly understood that assistance is on those issues the Board previously took action on either in its legislative package or in other sessions, she would support it. Mr. Jenkins advised the Board passed a Resolution to support the Space Program expansion; it utilizes the targeted industries initiative to recruit industry; and there is another item which did not appear to be in conflict with anything the Board has done in the past.

Chairman Scarborough stated the Board does not want to send mixed signals to the same lobbyist; and that needs to be conveyed to EDC. He stated they wanted to hire a lobbyist, but he suggested using the County's lobbyist because the Board basically funds EDC, and it would create a unified voice and not diversity. He stated EDC has more knowledge on certain things, they can present things more articulately because they study them to more detail; but it would still be the County's overall agenda. Commissioner Higgs stated she welcomes their assistance, but it needs to be on the Board's agenda; and if they have other issues they want to lobby for that is their prerogative, but it should not be through the County's lobbyist. Mr. Jenkins stated they were not proposing anything that was in contradiction of anything the Board has done. Commissioner Higgs stated not just that it is not in conflict, but that it be the past-established agenda the Board has taken to the legislative delegation.

Commissioner Voltz inquired if the Board has the Space Program in its legislative agenda; with Mr. Jenkins responding the Board passed a resolution supporting the Space Program since then. Commissioner Higgs stated as long as the Board voted on it, she does not mind. Chairman Scarborough stated if there is something they see as significant, they can bring it to the Board for endorsement. Commissioner Voltz stated Ms. Weatherman would not go to Tallahassee and talk about something that would not be in line with what the Board has done; however, they did talk about orimulsion, but they let the Board know that is what they were doing. She suggested they be allowed to utilize the services of Mr. Spearman on any issues to further the causes of Brevard County as long as the Board has not gone against them; with Commissioner Higgs disagreeing, and stating it should be only for established legislative package issues and not issues that the Board did not take a contrary position on. She stated for her to support the use of Mr. Spearman's services, it would have to parallel the issues in the Board's legislative package. Commissioner Voltz stated the Board needs a policy that those are the things it would do.

Chairman Scarborough recommended Mr. Jenkins communicate with EDC about the Board's legislative agenda, and advise them if they work the same agenda it is fine, but if they have to expand the agenda, they bring those issues to the Board first. Mr. Jenkins stated if there is something on the list the Board has not voted on, he will bring those back to the Board before the end of the meeting.

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

REPORT, RE: LEGISLATION ON RIPTIDE WARNING SIGNS

County Manager Tom Jenkins advised there has been a bill in the Senate and in the House regarding riptide warning signs; one is mandatory and the other is voluntary; and Mr. Spearman requested direction which one the Board wants him to support.

Commissioner Higgs stated she supports a motion that says the Board strongly suggests signs but that it be voluntary to the counties.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to authorize County Lobbyist Guy Spearman to support the proposed bill providing for voluntary riptide warning signs. Motion carried and ordered unanimously.

REPORT, RE: E-MAIL SERVICE Chairman Scarborough advised there may be different e-mail providers within the Constitutional Offices, and Mr. Jenkins will address that at some time.

REPORT, RE: ILLEGAL SIGNS AND BILLBOARDS

County Attorney Scott Knox advised the Board asked his office to report back on enforcement actions to remove illegal billboards; he prepared a memorandum which was presented to the Board; and it may be appropriate to take it up later in the meeting when the Board discusses a moratorium billboard ordinance.

REPORT, RE: TRIP TO WASHINGTON, D.C.

Commissioner O'Brien advised Dave Waltney, professional staffer for the Senate has been supportive of Brevard County's beach renourishment project, but has been unable to acquire any funding; but in discussions yesterday, he was able to say he will insert a two-million dollar request in the Senate's budget under a new part of the law which is also part of a continuing project. He stated Brevard County needs to move sand from 2.5 miles off shore and put it on the beaches; it is a two-part process that can only be done when it is not turtle season; so there is a time constraint as well. He stated the Senators he spoke to look at our project as being unique unto itself; they are supportive; and it looks good that there will be money to start beach projects next year, and the following year after that until the whole thing is done.

Commissioner O'Brien stated he visited Senator Graham's Office and his staff advised him that the Senator wants to work with Congressman Weldon and Senator Mack on the project. He stated they also discussed Venture Star and that KSC should be supported as the site for Venture Star; and Senator Graham's staff was supportive of it. He stated there was full and absolute support from Senator Mack's office for Brevard County being the Venture Star site; and they do not want to see the County lose it like the Boeing project due to politics.

Commissioner O'Brien advised the lawsuit about the beaches is at an impasse; all sides came to an agreement, and the federal judges ruled, then the Corps of Engineers said they wanted to change two things; and it became impossible to continue. He noted they told the Senator and Congressman if Brevard County received money to start the beach projects the lawsuit would go away and the issue would be moot. He stated the federal government will not allow new starts for beach renourishment, but they will fund ongoing projects for 15 to 20 years, so Brevard County will be able to come to the well and get its bucket of water.

REPORT, RE: JOHNSON JUNIOR HIGH CHEERLEADING TEAM

Commissioner O'Brien advised the Johnson Junior High School Cheerleading Team begins every competition the same way; they gather in a circle and right fist in the middle raise their hands and thumbs and chant strive to the top; and on Sunday they could not get any higher. He stated the 21 cheerleaders beat dozens of schools throughout the nation to win the prestigious Cheerleaders of America Contest in Jacksonville; so if the Commissioner from Melbourne wants to invite the cheerleaders to the meeting or wants him to do it for her, he would be happy to take care of it.

Commissioner Carlson advised she had a resolution already for them, but it had to be changed to national from state champions, so she plans to get them together at a meeting. She congratulated the cheerleaders, and noted she looks forward to having them come to collect a resolution.

REPORT, RE: BEACH RENOURISHMENT PROJECT

Commissioner O'Brien advised the beach renourishment project was approved in 1996 and is now getting the funding; the Senate in 1999 is working for the $2 million initial funding and $8 million in the year 2000; and the County needs to get back with them on that. He stated the County's Coastal Engineer does not agree with the Corps Coastal Engineer in that they feel they lost more than 20 million cubic yards of sand. He stated that is a lot of sand over the years, and Brevard County wants it back and will get it back.

REPORT, RE: HEALTH INSURANCE

Commissioner Voltz requested the County Manager address the issue about the HMO and employees going into a new plan from the POS.

County Manager Tom Jenkins advised United Healthcare has reduced its presence in Brevard County; a number of employees who were enrolled in the United Healthcare program may not choose to stay with it; so staff asked the Board to allow those employees to sign up at this point with Aetna HMO or PPO; but that fell through the cracks because they were coming in during the middle of the year and Aetna was going to charge a 10% higher premium than other employees who are already signed up are paying. He requested the Board's approval to charge the same rate for all employees including those United employees who choose to move over because of United's unilateral action to decrease the number of doctors.

Commissioner Voltz advised it is only fair that all employees are treated equally; it was not their fault that the POS left them hanging; it is the responsibility of the Board to make sure all employees are treated equally; so she would like to make a motion to pick up the difference for those employees who have been affected by this action. She inquired how much would it cost; with Human Resources Director Frank Abbate responding $48,000.

Chairman Scarborough inquired if that would put them in the same status they originally elected and they would not have to pay the extra 10%; with Mr. Abbate responding yes.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve payment of the additional charges of approximately $48,000 because the reduction in the number of doctors by United Healthcare was not the fault of the employees or the County. Motion carried and ordered unanimously.

REPORT, RE: ST. JOHNS RIVER UPPER BASIN PROJECT

Commissioner Voltz advised she sent a letter to the Corps of Engineers regarding the Upper Basin project in Indian River County coming into Brevard County; and the St. Johns River Water Management District is having a hard time dealing with the water runoff of where to put it, how to treat it, and where to treat it. She stated they will bring it to Brevard County and treat it here; but that water could get into Lake Washington's drinking water; and she does not know what it is because they cannot treat it in Indian River County; they have not found a resolution to do that. She recommended staff keep on this issue and make sure the Board knows what is going on. She stated she does not want the Indian River County water runoff from the farms in Brevard County; and they need to keep it in their own county and treat it there rather than spread that stuff in Brevard County's lakes.

Commissioner Higgs stated the Board needs a report to fully understand the issue. Commissioner Voltz requested Mr. Peffer prepare a report for the Board. Assistant County Manager Stephen Peffer inquired if the Board wants him to try and get someone from St. Johns River Water Management District to give it a briefing on how that project is working, as it may be beneficial to everybody to see what they are planning. Chairman Scarborough instructed Mr. Peffer to give the Board a memo first then it will decide whether it wants a live briefing.

REPORT, RE: REEF PROJECT

Chairman Scarborough advised they had one meeting on the reef project where they took materials and put on the sandy shores and it started in his office and shifted to Commissioner O'Brien's office. He stated they found out there is a Port project and a County project; the County project needs to be renewed; they found out the TDC was unaware of all of this as a tourist development promotion item; the Port got a better handle on the movement of things through the Port; but Brevard County has the larger reef area to put materials on. He stated there needs to be coordination of the tourist information and allocation of where resources are placed out there; and for some reason there are too many entities that are not communicating. He stated it was shifted to Commissioner O'Brien's office so he could proceed and carry on discussions with those parties, but it is a viable project and has fallen aside because the County had trouble moving things through the Port. He stated Brevard County still has a reef the Port may want to utilize when it gets materials from the Space Center.

Commissioner O'Brien advised the reef building uses broken concrete, old ships or boats, and old iron debris from demolished buildings; and what happens is the coral starts to grow on the stuff and it becomes a beautiful diving site as well as a nursery for fish. Chairman Scarborough stated they said before the coral grows, within a couple of hours the fish find the site and it is amazing how they congregate; and it is not years but hours before it becomes a fishing site. Commissioner O'Brien stated that is true, including the moray eel and it is good for sports diving. He stated he will take care of the project.

REPORT, RE: TRIP TO TALLAHASSEE

Commissioner Voltz advised she will be going to Tallahassee today; and her plane leaves at 2:30 p.m. which means she will have to leave at 12:45 p.m. at the latest. She noted Commissioner Carlson is leaving at 5:00 p.m. today also.

RESOLUTION, RE: PROCLAIMING NATIONAL COMMUNITY DEVELOPMENT WEEK

Commissioner Carlson read aloud a resolution proclaiming March 29 through April 4, 1999 as National Community Development Week, and encouraging citizens to examine the good works brought about by the exceptional urban development program.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution proclaiming March 29 through April 4, 1999, as National Community Development Week in Brevard County. Motion carried and ordered unanimously

Commissioner Carlson gave the Resolution to Linda Graham who thanked the Board for its support, and invited the Commissioners to attend the Community Development activities.

RESOLUTION, RE: COMMENDING ASTRONAUT HIGH SCHOOL WRESTLING TEAM

Commissioner O'Brien read aloud a resolution commending the Astronaut High School wrestling team for capturing the State Wrestling Championship.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution commending Astronaut High School wrestling team for its outstanding achievements in capturing the State Wrestling Championship. Motion carried and ordered unanimously.

Commissioner O'Brien presented the Resolution to Coach John Hackney, who thanked the Board for the recognition; and stated it was a total group effort. Coach Hackney also thanked PAL for helping them develop an off-season program.

FINAL PLAT APPROVAL, RE: FOREST CREEK PROFESSIONAL CENTER

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to grant final plat approval for Forest Creek Professional Center, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all other jurisdictional permits. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE ESTABLISHING MAXIMUM FEES FOR WRECKER AND TOWING SERVICES

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to grant permission to advertise a public hearing for April 27, 1999, to consider an ordinance establishing maximum fees for wrecker and towing services. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING EXCHANGE OF PROPERTY FOR PORT ST. JOHN EAST CONNECTOR ROAD

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution authorizing the exchange of 3.91 acres for 5.35 acres for Port St. John East connector road; and authorize the Chairman to execute all documents necessary to transfer the property. Motion carried and ordered unanimously.

WAIVE BID REQUIREMENTS AND ACCEPT LOW QUOTE FROM ADVANTAGE IRRIGATION, RE: LANDSCAPING OF MEDIANS ON U.S. 1 IN MIMS

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to waive bid requirements and accept low quote from Advantage Irrigation and increase Purchase Order 434992 to furnish and install plant materials on Medians 9 and 11 on U.S. 1 in Mims at $17,200. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 TO TASK ORDER NO. 31030-97-002 WITH CAMP, DRESSER, & McKEE, INC., RE: MERRITT ISLAND AIRPORT DETENTION POND

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve Change Order No. 1 to Task Order No. 31030-97-002 with Camp, Dresser, & McKee, Inc. for engineering design services of Merritt Island Airport Detention Pond at $23,975; and extend Task Order time frame for 90 days. Motion carried and ordered unanimously.

RESOLUTION, RE: AUTHORIZING TRANSFER OF WATERLINE AT KENNEDY POINT PARK TO CITY OF TITUSVILLE AND CONVEYANCE OF EASEMENT FOR MAINTENANCE

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution authorizing the transfer of a waterline at Kennedy Point Park to the City of Titusville, and conveyance of an easement for maintenance. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: BREVARD VETERANS MEMORIAL PARK ADVISORY BOARD

Motion by Commissioner O'Brien, seconded by Comm Voltz, to appoint and/or reappoint George Cipoletti representing District 1, John Brown representing Senator Patsy Kurth, Lou Rossi representing Senator Charles Bronson, Jonah Britt representing Representative Bill Posey, Peter Dilavore representing Representative Howard Futch, Lester Rentmeester representing Representative Harry Goode, and James Wiggins representing Representative Randy Ball, effective for one year from April 2, 1999. Motion carried and ordered unanimously.

REVISED RESOLUTION, RE: ESTABLISHING FINES AND FEES FOR LIBRARY SERVICES DEPARTMENT

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt revised Resolution establishing fines and fees for Library Services Department. Motion carried and ordered unanimously

PERMISSION TO EXCHANGE EQUIPMENT, RE: CITY OF MELBOURNE FIRE DEPARTMENT

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to authorize Public Safety Department to exchange Storz hose fittings and intake valves for the surplus Hurst hydraulic extrication equipment with the City of Melbourne Fire Department. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH GREYHOUND BUS LINES, INC., RE: LEASE OF OFFICE SPACE AT SCAT SOUTH TERMINAL

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to execute Amendment to Agreement with Greyhound Bus Lines, Inc. for lease of office space at SCAT South Terminal until April 9, 2000, at $732 a month for rent and $521.60 for utilities. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-4-9-10 AND CONTRACT, RE: VANPOOL MANAGEMENT SERVICES

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to award Proposal #P-4-9-10, Vanpool Management Services, to VPSI, Inc.; and authorize the Chairman to execute a contract with the proposer. Motion carried and ordered unanimously.

AWARD OF PROPOSAL #P-5-9-11 AND CONTRACT, RE: PURCHASE OF SCRAP METAL

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to award Proposal #P-5-9-11, Purchase of Scrap Metal, to Aaron Scrap Metal, Inc. at estimated revenue of $81,578.94 annually; and authorize the Chairman to execute the Contract for one year with one-year option to renew with the proposer. Motion carried and ordered unanimously.

ACCEPTANCE, RE: REVENUE MONITORING REPORT FOR QUARTER ENDING DECEMBER 31, 1998

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to accept the Revenue Monitoring Report for quarter ending December 31, 1998 as prepared by the Finance Department. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve bills and budget changes as submitted. Motion carried and ordered unanimously

DISCUSSION, RE: ELEMENTS OF INCOMPATIBILITY

Douglas Sphar advised the compatibility of land use will have an effect on many generations to come, so the Board should strive for performance based land use codes. He stated the County should provide clear and consistent rules so people who want to build in Brevard County understand what is welcomed and not welcomed. He noted this Board could go into history because it will be bringing Brevard County into the 21st Century.

Mary Tees questioned what the County is leaving its young people; advised of the Philadelphia River destroying the quality of life; and suggested consideration of less is better. She stated builders and developers do not make life better; people from Dade and Broward Counties are moving to Brevard County because they cannot take the pollution; and suggested the Board look at wise use of land and take care of it.

Marlene Waters advised she took a list from staff to address, and control or regulate, and incorporated it into compatibility regarding noise, traffic, size and location of sites, vibrations, light, glare, hours of operation, visual impacts, types of structures, appearance, odor, hazards, and pollution; and stated she cannot think of a land use that is compatible with pollution.

Craig Bock stated the Board needs to start with industrial codes and work down; it should clearly define light and heavy industrial uses; and the consultant can help after Brevard County lays the framework. He requested the Board give the time and manpower to get the job done to determine what Brevard County would like to look like in the future. He stated jobs would be needed if the Cape were lost; and suggested clean growth and industry.

County Manager Tom Jenkins advised it is important to focus on the industrial use category; it is important for Brevard County to provide direction, a frame work, and express its views on how it should be shaped; but there is expertise in a consulting firm that has done it before. He stated the County's will be localized; and what it does will need to withstand legal challenge. He recommended proceeding with a consultant to assist the County in framing what it would like to do in terms of industrial zoning requirements.

Chairman Scarborough recommended the consultant meet with the Board. Commissioner Higgs recommended identifying factors that affect people and are acceptable, directing staff to develop the elements and standards to measure industrial uses, determine a technical threshold that could be measured, and put that in place before the moratorium ends. Commissioner Carlson inquired if the consultant can be used to answer questions to avoid legal problems; with Mr. Jenkins responding there may be flexibility to use him. Mr. Jenkins stated measurement and performance standards can be complex; using an expert could be done faster than doing it with staff; and the consultant could help to frame measurement instruments. Commissioner Carlson stated it is crucial for the County to have the initial framework. Commissioner Voltz inquired if it can be done in 30 days so the Board would have 30 days to review it; with Mr. Jenkins responding he could probably do the performance standards for industrial uses within 30 to 60 days. Chairman Scarborough recommended concentrating on the industrial uses.

Motion by Commissioner Carlson, seconded by Commissioner O'Brien, to authorize the use of a consultant as a resource for staff; and to proceed with performance standards for industrial uses. Motion carried and ordered unanimously.

Mr. Jenkins advised they would bring it back to the Board as they progress. Commissioner Higgs suggested pursuing other governments that have standards in place. Commissioner Carlson advised New Castle has standards; and recommended staff go there and look at how their system is working. Motion by Commissioner Carlson, seconded by Commissioner O'Brien, to authorize staff to travel to New Castle to view its system. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION OF CONSENT TO CHANGE CONTROL OF NON-EXCLUSIVE CABLE COMMUNICATIONS FRANCHISE FROM GENESIS CABLE COMMUNICATIONS, L. L. C., TO BENCHMARK MEDIA, INC. FOR THE MIMS/SCOTTSMOOR AREAS

Chairman Scarborough called for the public hearing to consider a resolution approving the transfer of a cable franchise to Benchmark Media, Inc.

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution consenting to the change of a non-exclusive cable communications franchise from Genesis Cable Communications, L.L.C. to Benchmark Media, Inc. to service the Mims/Scottsmoor areas. Motion carried and ordered unanimously

PUBLIC HEARING, RE: RESOLUTION OF CONSENT FOR FALCON CABLE MEDIA SERVING SOUTH BREVARD COUNTY

Chairman Scarborough called for the public hearing to consider a resolution consenting to transfer of minority ownership interest in Falcon Cable Media which serves South Brevard.

There being no objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution consenting to direct and indirect transfers of a minority ownership interest in the ultimate parent company of Falcon Cable Media serving certain areas of South Brevard. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 70, ARTICLES I AND II, SECTIONS 70-36 THROUGH 70-38, FEDERATED LIBRARY BOARD MEMBERSHIP

Chairman Scarborough called for the public hearing to consider an ordinance amending Chapter 70, Articles I and II, regarding terms of the County Library Board members.

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Higgs, to adopt an Ordinance amending Chapter 70, Library, of the Brevard County Code, Articles I and II, Section 2 and Sections 70-36 through 70-38; amending the composition of membership to include the federated public library board, reduce term, and to clarify duties and responsibilities of said board; amending all sections to update organization names; and providing for an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE CREATING BAREFOOT BAY WATER AND SEWER DISTRICT

Chairman Scarborough called for the public hearing to consider an ordinance creating Barefoot Bay Water and Sewer District.

Commissioner Higgs advised the ordinance relates to acquisition of the Barefoot Bay plant; there are four options which have interesting implications in regard to other issues; Option 1 is described in a picture and a legal description as Exhibit A; and recommended approval of Option 1.

Commissioner Carlson inquired if there are any advantages in expanding the territory; with Commissioner Higgs responding she would prefer to stick with the current customers; and if later the County can do that, it could be considered.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Ordinance of the Brevard County Board of County Commissioners; creating the Barefoot Bay Water and Sewer District; defining the boundary of the District; providing for a governing body; establishing powers of the District; providing for budgeting and reporting requirements; establishing procedure for rate-making; providing for severability; and providing for an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE CREATING JUDY KAY ROAD PAVING MSBU

Chairman Scarborough called for the public hearing to consider an ordinance creating Judy Kay Road Paving Municipal Service Benefit Unit (MSBU).

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Ordinance of Brevard County, Florida creating the Judy Kay Road Paving Municipal Service Benefit Unit; incorporating the terms and provisions of Chapter 21, Article IV, and Ordinance 97-07, entitled "Municipal Service Benefit Units," to authorize the acquisition and construction of certain capital improvements within such improvement area and the imposition of non ad valorem assessments within such improvement area; and providing an effective date; and authorize the Chairman to execute the Covenant of Non-development and Deed Restriction Agreement with Eric and Audra M. Scheidenhelm. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, ARTICLE VI, DIVISION 4, SUBDIVISION 2, SECTION 62-1334.5(1), AGRICULTURE RURAL RESIDENTIAL, AND SECTION 62-1334.5(6), INCREASING MINIMUM LIVING AREA

Chairman Scarborough called for the public hearing to consider an ordinance amending Chapter 62, Article VI, excluding park model recreational vehicles from permitted uses in Agriculture Rural Residential zoning classification and increasing the minimum living area.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; amending Article VI, Division 4, Subdivision 2, specifically amending Section 62-1334.5(1), Agriculture Rural Residential (ARR), to exclude park model recreational vehicles from permitted uses; specifically amending Section 62-1334.5(6), to increase minimum living area; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Code of Ordinances of Brevard County, Florida. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, LAND DEVELOPMENT REGULATIONS, FOR MERRITT ISLAND REDEVELOPMENT AGENCY

Chairman Scarborough called for the first public hearing to consider an ordinance amending Chapter 62, Land Development Regulations, Sections 62-1829, 62-1483(3), 62-1833.5(B), 62-1837.3, 62-1483, 62-1845, 62-1842, 62-3206, 62-3316, adding Section 62-1909 and deleting Section 62-1844 for Merritt Island Redevelopment Agency.

Doug Robertson, representing Merritt Island Redevelopment Agency (MIRA), advised the County recommended changes to the overlay building signs and setbacks, and the remaining changes were recommended unanimously by MIRA and the LPA. He stated one change was to reduce the size of signs from 150 feet to 64 feet if the building is closer to the road.

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Voltz, to forward the ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; amending Section 62-1829 by adding conditions and referencing a conditional use permit for automobile sales and storage in the Merritt Island Redevelopment area; adding a new Section 62-1909, creating a conditional use permit for automobile sales and storage for sites in the Merritt Island Redevelopment Area under one acre in size; amending Section 62-1483(3) by adding automobile sales and storage (under one acre in the Merritt Island Redevelopment Area) to the list of conditional uses in the BU-2 classification; amending Section 62-1833.5(B) by clarifying conditions for contractors' offices, plants and storage yards in the Merritt Island Redevelopment Area; amending Section 62-1837.3 and deleting Section 62-1844 to consolidate similar uses under title "Building Materials and Supplies," and amending conditions; amending Section 62-1483, consolidating permitted uses in the BU-2 classification by adding building materials and supplies and deleting lumber yards and tinsmith roofers, plasterers, plumbers and electricians; amending Section 62-1845 by clarifying conditions for warehouses in the Merritt Island Redevelopment Area; amending Section 62-1482 by reducing required front setbacks on certain lots in the Merritt Park Place Subdivision of the Merritt Island Redevelopment Area; amending Section 62-3206 by adding restrictions to the location of parking facilities in the Merritt Park Place Subdivision located in the Merritt Island Redevelopment Area; amending Section 62-3316 by reducing sign setbacks in the Merritt Park Place Subdivision located in the Merritt Island Redevelopment Area; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Brevard County Code, as amended by Doug Robertson, to the second public hearing on April 8, 1999. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING ORDINANCE 99-04, BICYCLE HELMET LAW

Chairman Scarborough called for the public hearing to consider an ordinance amending Ordinance No. 99-04 relating to the bicycle helmet law.

Commissioner O'Brien stated the fine would be $47 instead of $50; he received letters stating if it will not be enforced then it should be removed; government should not tell people they have to put helmets on children's heads; police officers should be doing other things; and educating children on bicycle safety is the key. He read a letter from Richard Hall; and recommended removing the law from the books until it can be enforced.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to reconsider the entire ordinance relating to bicycle helmets.

County Attorney Scott Knox advised to rescind the ordinance is proper; and reconsideration is different. Chairman Scarborough suggested delaying the effective date.

Chairman Scarborough called for a vote on the motion. Motion did not carry; Commissioners O'Brien and Voltz voted aye; and Commissioners Higgs, Carlson and Scarborough voted nay.

Chairman Scarborough advised the Board cannot reconsider an item unless it is at the same meeting. Discussion ensued on reconsideration procedure.

Commissioner Higgs suggested establishing an effective date of the ordinance and alternative for someone ticketed to have an education. She stated January 1, 2000 is extreme, but she is willing to grant 60 days prior to implementation of the program to get additional helmets to children who cannot get them and to work with the courts.

Commissioner Carlson inquired how long will it take to properly get the education program in place and get helmets to children; and recommended getting the program in place before school starts or by September 1, 1999.

Commissioner Voltz stated the State will get nothing and the cities will get $2.00 from the $47 ticket; and recommended Barbara Meyer be given enough time to implement the education program.

Barbara Meyer advised by school time will give her ample time to get helmets out; they should be purchased by the middle of May and distributed to police agencies; however, January 1, 2000 would be ideal.

Discussion ensued on an implementation date, requiring helmets by the start of summer, giving warnings and not fines for a certain period of time, momentum, enforcement, purchase of helmets, State law, and education program.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to adopt Ordinance of Brevard County, Florida, amending Ordinance 99-04, pertaining to the repeal of the bicycle helmet opt-out Ordinance; specifically amending the effective date; and providing an effective date of June 1, 1999 for implementation, including fines.

Commissioner Voltz questioned the changes in implementation dates from January 1, 2000 to September 1, 1999, and now to June 1, 1999; with Ms. Meyer responding she wanted a level of compliance to increase; right now 10 to 15% of children wear helmets; she wanted an opportunity to raise that level before the law took place; but she will work with whatever dateline the Board gives her.

Commissioner O'Brien stated children ride bikes to schools without helmets, and the School Board looks the other way. Commissioner Higgs stated Dr. Sawyer, Superintendent of Schools, can give a detailed explanation of what the schools have done.

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

The meeting recessed at 10:36 a.m., and reconvened at 10:50 a.m.

INTERLOCAL AGREEMENT WITH TOWN OF MELBOURNE BEACH, AND CONTRACT FOR SALE AND PURCHASE, RE: MELBOURNE BEACH PUBLIC LIBRARY

Commissioner Higgs advised at the last meeting the Board directed her to meet with the Town of Melbourne Beach and worked out items of the interlocal agreement; and the Town was concerned about it because of the referendum. She advised of a letter from the Friends of the Library supporting what the Board is doing.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute Interlocal Agreement with Town of Melbourne Beach and Contract for Sale and Purchase with Nick Telemachos and Delta-Omega, Inc. for property at the northeast corner of Ocean Avenue and Oak Street for Melbourne Beach Public Library, with the County's share being $495,000. Motion carried and ordered unanimously.

A representative from the Town of Melbourne Beach expressed appreciation to the Board for giving it an opportunity to take the issue to their voters.

Commissioner Voltz advised the Chairman said he would not give time certains except for large groups. Chairman Scarborough stated the request came from a Commissioner who anticipated a lot of people addressing the issue. Commissioner Higgs advised she asked for the time certain.

RESOLUTION, RE: AUTHORIZING ACQUISITION BY FLORIDA GOVERNMENT UTILITIES AUTHORITY OF BAREFOOT BAY UTILITY SYSTEM FROM AVATAR, INC.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Resolution authorizing Florida Government Utilities Authority to prepare and distribute a preliminary official statement regarding bonds to be issued by the Florida Government Utilities Authority to purchase all utility facilities of Avatar, Inc., including Barefoot Bay.

Commissioner Voltz advised of correspondence from Hernando County on rate increases by private water utilities; and stated she is not sure if that will be a problem for Brevard County. Commissioner Higgs stated it should not, but there are other private utilities in the County. Commissioner Voltz recommended the Board adopt a resolution opposing the two bills.

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

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to direct the County Attorney to provide a report on how the County may be affected by the passage of House Bill 925 and Senate Bill 1352 regarding rate increases by private utilities, and to prepare a resolution in opposition to the bills for the Board's consideration. Motion carried and ordered unanimously.

SPEED HUMP REQUEST, RE: TERRI LANE

Joseph Flanagan advised there are a number of speeding cars down a short dead-end street; they petitioned the Traffic Engineer for speed humps and meet four of the five requirements; and the one they are lacking is the number of speeders which must be 60% going ten miles more than the speed limit. He stated 60% of the vehicles would have to go 30 mph or more; there were 384 passes, but only 27 property owners; they average 14 trips per day; and the problem is not with the residents but with people coming to visit. He stated there are about 17 children on the street who are 13 years of age or younger; they have to cross a canal to get to Saturn Elementary School; and requested the County look at it again before denying their request.

Commissioner Voltz stated she does not support speed humps, but this one she would support. She recommended staff review the criteria; and inquired how they came up with 60%.

Dick Thompson, Traffic Engineering Director, stated it was in existence when he came on board; they compared other counties and cities that have criteria and put them together; and the Board approved it in 1994 or 1996.

Commissioner Carlson stated she is not in agreement with speed humps, but there is a need on this road. She also recommended staff reassess the 60% criteria and look at the same counties and cities to see if they have changed their criteria. Commissioner Voltz stated she does not care about other counties; and the Board needs to do what is right for its citizens.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve installation of speed humps on Terri Lane in District 2. Motion carried and ordered unanimously.

RESOLUTION, RE: APPROVING TAX ABATEMENT APPLICATION OF SUTTON PROPERTIES ON BEHALF OF DRS OPTRONICS, INC., FOR COUNTY'S TAX ABATEMENT PROGRAM

Commissioner Voltz advised of the company and what it will do; and Commissioner Higgs stated it is an existing business.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to adopt Resolution for Sutton Properties, on behalf of DRS Optronics, Inc., that qualifies DRS as an eligible business under the County's Tax Abatement Program; and authorize advertising a public hearing to consider an exemption ordinance. Motion carried and ordered unanimously.

DISCUSSION, RE: REQUEST FOR CONSTRUCTION OF BERM ON PRIVATE PROPERTY

Public Works Director Henry Minneboo advised the case has been dragging since the early 1990's when there was significant flooding in Mims/Scottsmoor area; in accordance with studies done of the area, Public Works made modifications throughout the area, such as cleaning the drainage ditches; the logging that has been going on put clogs in the constraints of the ditches; and his crews have been removing that debris. Mr. Minneboo advised Mr. Lowers lives at the southeast quadrant of the intersection at Bouganvilla; the water comes through the ditching throughout the area and proceeds southward under I-95, then west to the St. Johns River. He stated most of it is within the flood zone and it is difficult for staff, as the water continues to flow southward, to maintain any type of adequate transition through there; and Mr. Lowers is probably going to speak about his concerns.

Chairman Scarborough advised prior to paving the road out there, the County looked to see if culverts should be added; and explained the drawing depicting the Lowers' property, twin 48-inch culverts, and twin 60-inch culverts. He stated the Lowers were concerned about the number of pipes that would be near their property; what caused their concern was that to the north of Bouganvilla the area was cleared; they were concerned about more flow in a storm event to the south of Bouganvilla along their property line; and there was a propensity for the water coming through the 60-inch pipes to flow into their property.

Mr. Lowers presented a handout and pictures to the Board; and stated his concern is the clearing of the ditch north of Bouganvilla. He stated his property lies between the two culverts; the water comes from Quail Haven over the railroad crossing, down through the pipes, and under I-95; but the area north of Bouganvilla was cleaned very well and all the dirt piled up on one side; however, south of Bouganvilla on his property where the ditch comes by, all the debris was put on the west side of the ditch. He requested, if the ditch is cleaned, widened, or deepened, the debris be placed on his side to help defer the water from his property down through the existing ditch. He stated Fernwood is more congested; and they need to get rid of the water the best possible way.

Commissioner Higgs inquired if Mr. Lowers would hold the County harmless if the debris were put on his property; with Mr. Lowers responding he would not hold it against the County. He stated he always asked for the debris, but for some reason, it always went on the other side.

Commissioner Voltz inquired if the debris is piled on Mr. Lowers property, will it stop the flow or will it flood even more; with Mr. Minneboo responding it will not affect the flow of water at all if the berm is put there. Commissioner Higgs inquired if staff objects putting the debris over there; with Mr. Minneboo responding no. Commissioner Higgs inquired if that would solve the problem; with Mr. Lowers responding yes. Commissioner Higgs stated if Mr. Lowers will not hold the County responsible for anything that may happen, then the Board should resolve the issue. Mr. Minneboo advised his concern is the 15-foot easement; and if they use a certain piece of equipment, they would need a use agreement to get onto the property. He stated the ditch runs north and south; most of the vegetation is on the west side; on the east side is basically the contour of the earth; and if they put a berm on that side there is an easement, but it is on their property on the east side of the ditch. Commissioner Higgs stated if Mr. Lowers agrees to it, the Board would need it in writing.

Commissioner O'Brien stated the plat for Robinswood Subdivision states "in acceptance of this plat, the County assumes no responsibility for constructing, building, altering, or maintaining the streets and necessary drainage facilities for the land shown hereon." He stated that was written in 1970 because somebody saw it was going to happen in the future; and he does not know why the County is going to expend tax money when the language is clear it should not be doing anything in that area. He inquired if the County maintains the berm; with Mr. Minneboo responding the County basically maintains it because it is one of the outfalls of water throughout the entire Mims/Scottsmoor area.

Chairman Scarborough stated the work was done by the County on the other side of Bouganvilla; if it did nothing to the north side of Bouganvilla, the Lowers would not have raised any issues; the drainage plan was prepared for the area all the way to the box culverts under I-95; and explained the pictures of the area. Commissioner O'Brien stated the plat is clear that the County should not be doing anything in that area; and inquired why did it do the work; with County Manager Tom Jenkins responding when the road was put in, they had to put in the pipes. Chairman Scarborough stated the stormwater study by Stottler Starmer & Associates indicated the work that was done.

Surface Water Improvement Director Ron Jones advised there is a significant amount of flow that comes through the area; it is not specific to Robinswood and services other areas; and the County needs to maintain the flow through that area so it does not have other areas outside Robinswood flooded. He stated the County historically picked up maintenance of that ditch system and performed that activity previously; it also improved the cross conveyance under Bouganvilla and Fernwood which is the only other culvert between I-95 box culverts and Bouganvilla; so it is important for the health, safety and welfare of the County to maintain that flow path through there. Mr. Jenkins noted it is a regional issue. Commissioner O'Brien inquired if the road was paved by the County; with Mr. Minneboo responding it was funded with MSTU funds. Commissioner O'Brien inquired if the drainage was free; with Mr. Minneboo responding it was part of the resurfacing project. Mr. Jones stated there was a need to improve the cross conveyance; and rather than pave the road first, they installed the pipes prior to the paving so they would not have to come back and open cut the road at a later date. Mr. Minneboo stated the ditch is the only one maintained by the County because the water goes through there; and a substantial amount of work was also done downstream and was not specifically related to Bouganvilla. Chairman Scarborough inquired if Stottler addressed it in a large drainage basin issue; with Mr. Jones responding yes immediately following the floods in that area they did an overall watershed plan; and the pipes were addressed in that plan. Chairman Scarborough stated it is an extensive drainage system that happens to run by the Lowers property; and while the County is not maintaining the roads and drainage in the subdivision, its massive drainage system runs through the culverts.

Commissioner Carlson inquired if Mr. Lowers is the only property owner on that stretch, or will other property owners have an issue with this; with Mr. Minneboo responding nobody else has been dissatisfied with it, and it will not adversely affect other property owners.

Commissioner Voltz advised the letter from Mr. Minneboo states, "County staff feels that no further action should be taken. Spending additional funds and staff time would appear to be a nonproductive use of our limited resources"; now he is saying he can do it; and inquired if Mr. Minneboo could clarify the issue. Mr. Minneboo stated the Board expressed today that it would like to do it; and if they go back in there as their schedule permits, he has no problem putting the debris over there if that is going to satisfy the Lowers. Commissioner Voltz inquired if staff has a problem with constructing a berm; with Mr. Minneboo responding the construction of a berm is an issue because he does not like doing something that is not going to help, but they can do it.

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to authorize staff to deposit debris, in conjunction with scheduled ditch maintenance, within the County easement on the side of the ditch where the Lowers' house is located, subject to Mr. and Mrs. Lowers executing hold harmless and access agreements with the County. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: CENTRAL DISPOSAL FACILITY ROADWAY AND STORMWATER PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant permission to bid and award bid to low responsive bidder, and authorize the Chairman to execute a Contract for the Central Disposal Facility Roadways and Stormwater Project. Motion carried and ordered unanimously.

DISCUSSION, RE: DEPARTMENT OF ENVIRONMENTAL PROTECTION'S NOTIFICATION PROCEDURES TO UPLAND OWNERS AFFECTED BY EXECUTIVE RULEMAKING

Commissioner O'Brien advised Department of Environmental Protection advertises executive rules they are going to impose on Brevard County for speed limits and things like that in a Tallahassee newspaper; when the Board does something it knows will affect someone's upland property rights, it generally sends post cards to make sure they know there is going to be a public hearing about something that will affect them; and that is not occurring in Tallahassee. He stated if the State is taking action that will affect citizens, they should notify those people in the same manner the Board does by sending post cards. He stated public awareness is an important factor of the government process; what has occurred is public exclusion; and he brought it to the Board for discussion to see if it wants to take action, check into it further, or do whatever the Board feels is proper.

Charles Moehle, President of Modern, Inc., advised it is an excellent idea to let people know what is going on so they can respond; that is a big problem in government; so the Board should consider it because it is a good idea.

Commissioner O'Brien advised a public hearing on rule-making that affected Brevard County was held in Orlando; some were held at Brevard Community College; but what concerns him is rule making being done and the public not being duly informed.

Commissioner Voltz advised all or most advertising is required by Florida Statutes, so a change would have to go through the Legislature. County Attorney Scott Knox advised the administrative agencies rule making procedures are governed by Chapter 120, Florida Statutes which is the Administrative Procedures Act; and it would require an amendment to that Act to make it do what the Board is discussing. Commissioner Voltz stated it may be too late for this Legislative Session, but it should be a legislative priority for next year because it is important for citizens to know what is going on.

Commissioner Higgs advised the financial impact of notifying each affected property owner by post card may make it impossible because some rules generally affect the whole County and not just a few property owners; but the point is important and the Board should get the Florida Statutes and Administrative Policies Department of Environmental Protection and other agencies use, so it can look at those and make specific input as to what it wants to have.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to direct the County Manager to provide the Board with Chapter 120, Florida Statute, and Administrative Policies concerning notification procedures used by Department of Environmental Protection and other State agencies; and to schedule it on the Agenda in two weeks. Motion carried and ordered unanimously.

Mr. Moehle advised there is legislation going through right now on Chapter 120 that could be added to as an amendment or at least presented for consideration. Chairman Scarborough recommended Mr. Jenkins contact Guy Spearman about that.

Commissioner Voltz advised each Senator and Representative is limited to six bills they can put forward; and their six bills may already be taken up. Chairman Scarborough stated if there is something before the Legislature dealing with that section it could possibly be amended.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to direct the County Manager to contact Lobbyist Guy Spearman to see if there is a possibility of amending any legislation presently being considered to add a requirement for all public hearings affecting Brevard County to be advertised and held in the County. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - O. DEAN MADISON, CAPE KENNEDY KOA KAMPGROUND, INC., RE: FINE IMPOSED BY CODE ENFORCEMENT SPECIAL MASTER

Chairman Scarborough called for O. Dean Madison regarding fine imposed by Code Enforcement special master; and no response was heard. Commissioner Voltz stated it has been canceled.

PERSONAL APPEARANCE - GEORGE KORALY, RE: ENVIRONMENTAL PROBLEMS CAUSED BY MUCK DEPOSITS IN THE ST. SEBASTIAN RIVER

George Koraly advised of errors in the video tape, such as Bob Day with the Corps of Engineers who is with the St. Johns River Water Management District, etc. He presented and explained the video demonstration of testing shrimp in muck and sand and what they do, pollution sources, soundings done in several areas of the Sebastian River, and depth of muck. He stated he is convinced the majority of the muck was deposited during the digging of the C-54 canal and where floodgates were open for wet weather discharge prior to 1996; and described the soundings done to prove that point. He stated the average depth of the muck in the canal is two to three feet; the Corps of Engineers built a weir and sediment trap at every inlet canal or ditch coming into the C-54 canal of at least eight feet high; so the muck was left there when they dug it because it would take a millennium to deposit the amount of muck caused during the dredging of the canal. Mr. Koraly stated there are other source problems that need to be addressed; and there is no reason why dredging of the river and construction of weirs and sediment traps cannot be undertaken at the same time. He stated the Association and neighbors he represents urge the Board to voice its concerns to responsible agencies to initiate corrective action as expeditiously as possible. He noted it would benefit the economy of Brevard County to correct the environmental problems.

Commissioner Higgs inquired if the Corps, St. Johns River Water Management District, or NEP Program is embarking on any of the projects Mr. Koraly thinks is important; with Mr. Koraly responding he hears rumors from Marty Smithson, but the Board may want to talk to him about that. He stated it is seriously being considered, but that has been going on for almost three years. Commissioner Higgs advised what Mr. Koraly is asking the Board to do is very reasonable; the Natural Resources staff could talk to those agencies; and the County has experience in getting the Corps to approve projects, so it may be a good course of action.

Mike Cunningham, President of Micco Homeowners Association, advised there is a canal with a high sediment and silt base which has been dug and not attended to for approximately 31 years; it flows into a scenic pristine and designated slow river; it is creating problems and an environmental nightmare; and something definitely needs to be done. He stated one concern is where to put the dredge material; there is a spoil bank on the north side of the C-54 canal, but the ownership is in doubt; they do not know if it belongs to the County or the St. Johns River Water Management District, or whoever; and once that is determined, they would be in a better position to work on getting some programs to correct the problems. He stated the Association will endorse any efforts and will write a letter endorsing those efforts; it is in the process of writing letters to all the agencies concerned; and anything the Board can do will be greatly appreciated by the community.

Commissioner O'Brien advised the proper method to solve the problem is for the Board to go to FIND and see if it will come forward, not only for Sebastian River, but the Banana River as well. He stated it is time for Brevard County to get a return on its money paid to FIND over the years; it is getting $1 million more per year from Brevard County than Brevard County is receiving; and that occurred for 20 years. He stated FIND is the mechanism that supposed to work with the Corps of Engineers and do this type of project.

Mr. Koraly inquired if the Board wants copies of the responses he receives; with Commissioner Higgs responding the Board should take the correspondence from Mr. Koraly, have staff research the status of the project with other agencies that are most directly responsible, and come back with a report and recommendations on a course of action it could undertake.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct staff to obtain copies of correspondence from George Koraly on the muck problem in St. Sebastian River; research the status of projects with St. Johns River Water Management District, Corps of Engineers, FIND, and other agencies most directly responsible; and return to the Board with a report and recommendations on a course of action.

Commissioner Carlson inquired if the NEP has taken a stance on the issue and addressed it in its CCMP; with Mr. Koraly responding no, FIND is the only agency he talked to. Commissioner Voltz stated staff could look into that also. Mr. Koraly stated he understands the County owns the spoil island and St. Johns River Water Management District owns the area about 300 feet wide and 4.5 miles from the dam to Babcock Street; there is plenty of room to store the dredge material there; the cost would only be for preparing the site; and the Board could sell it at $2.25 per cubic yard. He stated he put muck on his yard and it has beneficial nutrients, so the Board could sell it.

Commissioner Higgs requested a report from staff for the last meeting in May, on whether any agency is working on it, including Indian River County since it is on both borders, and to find out exactly what is going on, then proceed to get some action. Mr. Koraly stated Indian River County had their meeting at the same time, so his friend presented it to that County this morning. Commissioner Voltz inquired how much of the river is in Indian River County; with Mr. Koraly responding through the wide part of the river it is pretty much the 50/50.

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

The meeting recessed at 11:52 a.m., and reconvened at 12:03 p.m.

DISCUSSION, RE: BILLBOARD MORATORIUM ORDINANCE

Chairman Scarborough advised Commissioner Voltz has to leave and wants to hear the billboard issue next, so he would need a motion to do that.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to move Item VI.E.6., Discussion, Re: Billboard Moratorium Ordinance, upon on the Agenda. Motion carried and ordered unanimously.

Jerry Livingston, representing Chancellor Media, White Outdoor Advertising, advised one "whereas" in the proposed ordinance cites there are an alarming number of applications for permits to construct billboards along the streets and highways of Brevard County; they reviewed the County's records and determined there were two applications filed; and that is not an alarming number, and is probably the maximum number of new locations, given the spacing requirements imposed by the State and spacing, zoning and one-concept requirements imposed by the County. He stated the moratorium is legally deficient; and requested the Board not adopt an emergency moratorium on the issuance of permits. He inquired if the removal of illegal signs will be discussed today; with Chairman Scarborough responding it will be discussed as a separate issue.

Larry McIntyre, representing Eller Media, advised the number of illegal billboards need to be looked at; the information was based on 1994 Florida Department of Transportation information; and after reviewing the information, they believe it is inaccurate. He stated if the moratorium is based on that information, it should be reviewed again. He stated they checked with County staff and there are two permits being applied for; in 1998 there were five permits applied for; so it is not an emergency situation.

Charles Moehle, President of Modern, Inc., advised he does not believe the properties he represents have billboards, but believes there is no emergency; and the ordinance should not be passed to infringe upon the rights of people to use their property if it is proper. He stated the County should proceed with solving the problems, find out how many illegal and nonconforming billboards exist, and take steps to get a hold of the problem. He noted the County needs to figure out whether it is going to get rid of its own billboards.

Chairman Scarborough stated comments from staff that there is a possibility they would have a number of applications for new billboards coming in because the Board is talking about a moratorium is what brought the issue forward. County Attorney Scott Knox noted he was informed yesterday there were four applications.

Commissioner Voltz inquired, if there were only five applications last year, what makes the Board think it will get a ton of applications this year, especially if it is considering amortization. Commissioner Carlson inquired if a moratorium has to be due to emergency circumstances. Commissioner Higgs inquired if the draft ordinance allows the Board to adopt it immediately; with Mr. Knox responding yes, but it does not have to be done, and it can adopt it as a normal ordinance. Commissioner Higgs stated the normal process would require two hearings.

Bruce Moia advised they knew they had two applications; the people who submitted those made representation that they were going to submit more soon; and he heard that one of the speakers today is going to submit two applications very shortly.

Chairman Scarborough noted, people rush in and pull permits when a change to an ordinance is pending; that is why Mr. Moia brought the matter to the Board and why the County Attorney drafted the emergency ordinance; but it is up to the Board to determine whether it wants to have a moratorium and whether it needs to be an emergency ordinance or a regular ordinance. Commissioner Voltz stated an emergency ordinance and a moratorium are not necessary because the Board is anticipating amortization to get rid of billboards, so people are not going to waste their time and money to install billboards. Chairman Scarborough stated historically people rush in when the door is closing. Commissioner Higgs agreed that people vigorously preserve their current use and submit applications when the Board considers enacting an ordinance that changes significantly what is in place; that would happen in this case; so there is a state of emergency in regard to this issue. Commissioner Carlson stated she is not sure there is an emergency, but the Board should go forward with a moratorium for the purpose of nonconforming signs. She stated the County needs to get those under control and not allow any more until the Code is re-addressed in terms of what it wants the County to look like regarding billboards. She stated that does not mean the Board will eliminate all billboards or that it is going into an amortization agreement, but it needs to take steps to give it time to think through what it wants to do. She stated it is crucial to address the nonconforming issue and the hardship on staff to bring those signs into conformance.

Commissioner O'Brien advised he received a lot of calls and had a lot of conversations with many people who adamantly feel the Board needs a moratorium now, and needs to review its position on billboards; and a lot of people find there is blight because of the numerous billboards on main roads and secondary roads in Brevard County. He stated the objective is to put a stop to it now, and review its entire position concerning billboards countywide.

Commissioner Voltz advised there are too many billboards and the Board has to limit the number; but it should not have a moratorium on all billboards. She stated the Board talked about I-95 being a corridor where it may be okay to put billboards; and inquired why should people who want to put billboards on I-95 be stopped if the zoning is proper and they comply with the current Sign Ordinance. She suggested a moratorium on people who have to come in for a zoning change to install billboards, but allowing those with proper zoning and on a corridor the Board may consider appropriate. Commissioner O'Brien stated the Board has to maintain a level playing field; to do that it has to have a moratorium on all billboards until it sees what it is going to do; it has to review the entire situation Countywide; and the people want the Board to resolve the problem. Commissioner Voltz inquired if there is a time frame; with Mr. Knox responding 180 days.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to adopt an Emergency Ordinance of the Brevard County Board of County Commissioners placing a moratorium on the issuance of building permits for billboards; providing for emergency enactment; providing for an immediate effective date.

Commissioner Voltz stated because of needing a level playing field, even though it is not fair to the people who will comply with the Sign Ordinance, she will support the motion.

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

DISCUSSION, RE: REMOVAL OF ILLEGAL AND ABANDONED SIGNS

County Attorney Scott Knox advised they prepared three options for the Board to consider regarding removal of illegal and abandoned signs: (1) Administrative Code enforcement action which is currently being undertaken and utilized for illegal signs; (2) sue for conjunctive relief to get a court to determine that the sign is illegal and order it to be removed; and (3) adopt a removal ordinance. He stated the Florida Supreme Court has stated they do not have a right to have an illegal sign so a procedure can be set forth in the ordinance that would authorize County personnel to take the sign down after posting it. Mr. Knox advised the County needs to make sure whatever sign is ordered removed and is ultimately removed is an unlawful sign because most of the signs in the area are federal primary aid boards which are protected under State law from confiscation by the County without compensation. He stated if a lawful sign is removed, the County will have to pay for it, so it needs to be sure it is an unlawful sign.

Jerry Livingston advised the County Attorney's Office has been very diligent in presenting three alternatives in terms of removing illegal signs; and he concurs that the Florida Supreme Court has ruled that a sign owner does not have sufficient property interest in an un-permitted sign to entitle him to a hearing prior to removal. He stated signs located adjacent to interstates and federal aid primary highways are permitted by the Florida Department of Transportation; and there are very specific statutory guidelines that would prevent the County from removing those signs without paying compensation until the sign owner has exhausted administrative and legal remedies afforded to him. He stated if a sign is not permitted by any agency, the County could probably take it down or get FDOT to take it down; if a sign bears the FDOT permit issued under Chapter 479, Florida Statutes, the Board needs to consider those differently in terms of due process because those permit holders and sign owners have a vested property interest that entitles them to full due process under the Florida Constitution and the Constitution of the United States.

Commissioner Voltz inquired if it would affect the lady who has a billboard in her backyard, and will she have to go through a legal process to have it removed; with Mr. Knox responding it would depend upon the circumstances of what the sign is. He stated he is not sure if it is permitted or illegal; that is something staff has to look at carefully; and things have happened to the sign that may have put it into a nonconforming status as opposed to an illegal status.

Larry McIntyre advised he has 160 sign faces in Brevard County that breaks down to about 90 structures; a lot of the signs have double faces, and some have four faces; and all the structures have a County and/or State permit. He stated he has been trying to find out from staff what an illegal sign is; there is a big difference between an illegal sign that is not permitted and a legal sign that is nonconforming; a lot of his signs were made nonconforming by the existing Ordinance adopted in 1991; and the other signs are protected by the State and federal governments. Mr. McIntyre advised there will be substantial legal cost to purchase those signs if the Board decides upon that; so he needs to know what an illegal sign is as determined by staff because all his signs are permitted and approved by the County and/or State. He stated he is looking for the definition of illegal signs and a listing of those, and has not been able to get that.

Chairman Scarborough stated it sounds like Mr. McIntyre does not have a problem and did his work from the beginning; he may have nonconforming signs, but he would have rights as opposed to a person who decided to do something on his own without a permit. Commissioner Voltz stated staff should be able to provide that information to Mr. McIntyre; and inquired if there is a problem with that; with Mr. Moia responding from discussions with the County Attorney, there are several reasons why a sign may be illegal; they do not have a list of illegal billboards at this time; and as a field inspector finds them, the cases are turned over to determine if they are legal or illegal. Chairman Scarborough stated before proceeding with any action, staff should have a great deal of information. Mr. McIntyre stated the whole process was brought about by illegal signs; and inquired if staff does not have a list of them, how can the process begin. Chairman Scarborough stated the process is one thing; and the identification of what falls within the definition of illegal is another. Mr. McIntyre stated the cart is before the horse with this issue; and if staff does not have a list of illegal signs why is the issue before the Board. He stated staff should let him see a list of illegal signs, bring in the people who have those signs, have a discussion, violate them, bring them up to Code, and give them something in writing that they have illegal signs. He stated the Board is dealing with hearsay and facts that are not correct.

Commissioner Higgs inquired if staff listed the billboards; with Mr. Moia responding they have a preliminary inventory of billboards. Commissioner Higgs inquired if the County has a responsibility to reveal all illegal billboards to anyone or to the owners if they are cited; with Mr. Knox responding if there is a list of illegal billboards, that list is available to anybody; staff does not have that list; and it is not the County's responsibility to put it together. He stated to the extent that staff knows about illegal billboards, then it takes action to correct the situation and put the property owner or billboard company on notice of what it is trying to do; and the context of current illegal signs problem is in the Code Enforcement arena right now. He stated the Board does not have the ordinance depicted in the third option, but it could enact one if it wants to; and it may not employ the ordinance procedure willy-nilly, and can only use it where there is an actual illegal sign. Commissioner Higgs inquired, when a case is being investigated by the County regarding an illegal sign and potential Code Enforcement action, is that case investigation subject to public records request that someone might make; with Mr. Knox responding affirmatively.

Commissioner Voltz inquired if staff has a list of illegal signs they have found; with Mr. Moia responding yes, they have some illegal signs and that is why they brought the issue forward; they have not found all of them, but they have found some; and they are trying to find out how they are going to address those signs.

Commissioner Voltz inquired how does staff know they are illegal if there is no definition for what is an illegal sign; with Mr. Knox responding there are many different ways a sign can become illegal; one is if it was put up without a permit; and another could be a nonconforming sign which is restructured, moved, rebuilt, or had something done to it without a permit even though they had a valid permit for the old existing sign.

Chairman Scarborough stated the Board can always take injunctive relief on a particular sign that may come before the Board; the removal ordinance is for the Board's information and not to adopt today; the Board asked for information and is getting it; and it appears the Board is going to start a massive effort, and that is not where it is going. He stated some questions came up and people want some answers; but the Board should just proceed with discussion of what the options are and what is contained in the report from the County Attorney. Commissioner Higgs inquired if staff is going through the normal Code Enforcement procedures with illegal signs; with Chairman Scarborough responding he will allow the speakers to comment then the Board can go to the next step and talk about the tools provided by the County Attorney.

Charles Moehle stated it is a matter of getting the house in order; and it is not responsible to move forward with any kind of action or start a process so everybody wants to jump and get permits, without having the basic information of what signs there are, what is illegal, and what is nonconforming. He stated it is strange to have a report that gives many numbers of nonconforming and illegal signs, but the information is not available to the public or an individual who wants to find out if his signs are illegal or nonconforming. He stated the Board needs to slow down, take it logically, and let staff provide the information that sign owners and the public are entitled to before starting actions against them.

Commissioner Carlson inquired, since the Ordinance has been on the books since 1991, and staff because of cutbacks of manpower has not been able to totally enforce the existing Ordinance, does that provide for vested rights on the part of the sign owners; with Mr. Knox responding vested rights is a very fact-specific claim; and it would depend entirely upon what people have done in the past to rely upon the existing Ordinance, whether they received permit approvals, and things like that; so it could or could not have vested rights. He stated if they are illegal, and the County has not enforced it, that does not mean the County will not enforce it. Commissioner Carlson stated so it would not give them any more rights than they already have.

Chairman Scarborough stated staff needs to identify specific signs which are illegal; the Board needs to know what the problems are as far as illegal signs; injunctive relief is a time intensive endeavor on the part of the County Attorney's office; and inquired if having it as an option is worthwhile. He stated Code Enforcement is extremely cumbersome and not effective in handling some problems; and inquired if Option 3 is what staff and the County Attorney will recommend as the less time consuming and less costly. Mr. Knox stated it would not hurt to have that in the ordinance because if the County has a blatant example of an unlawful sign without a permit, it is good to have that option available. Chairman Scarborough stated it would be advantageous to have the County Attorney prepare the ordinance, advertise it for a public hearing, and have the public hearing at the same time staff is preparing a list of illegal signs so the two items can come together.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to direct staff to identify specific signs that are illegal; and direct the County Attorney to prepare and advertise an ordinance authorizing removal of illegal signs for a public hearing. Motion carried and ordered unanimously.

Commissioner Carlson recommended staff include outstanding violations with the report of illegal signs so the Board will know who has been violating the law and over what period of time. Commissioner Higgs inquired if the list will be available to anyone; with Chairman Scarborough responding it is public information.

*Commissioner Voltz' absence was noted at this time for the remainder of the meeting.

PERSONAL APPEARANCE - JAY ADAMSON, RE: RV PARKING IN RESIDENTIAL AREAS

Jay Adamson advised Section 62-2117 of the Brevard County Code is not being enforced within the intent of how it is written; it violates people's rights not to have motor vehicles crammed between houses, across driveways, and at front doors; and if the County does not want Section 62-2117, then it should be thrown away and another one written; but in the meantime it should comply with the Code. He stated the motor home can be moved away from his front door immediately if the law is enforced; it did not take 15 minutes to get it there and should not take much more time to get it out since it is mobile; and other things are taking place behind the motor home that are illegal, but he cannot address that. Mr. Adamson stated he did some research and found that in 1974 those people and the property have been in Code violations for one thing or another for the past three and a half years; there are numerous complaints and Code Enforcement cannot get them taken care of; they will take one out and another one will come in; and there are so many violations there. He stated the door was opened when they called in about the people and property, but Code Enforcement still could not take care of things. He requested the Board enforce Section 62-2117 even though there are things that are not quite right which he will bring to the Board at a different meeting. He stated it is not right to allow them to violate an easement or setback and park those vehicles in berms and sides of roads; Port St. John has them scattered everywhere; and he sees no way it will get better.

Chairman Scarborough stated staff identified some means of parking vehicles horizontally in front of properties in various places as being acceptable; and he thought he brought it to the Board but nobody can recall it.

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Commissioner Scarborough advised there are a number of configurations to park RV's legally; it is not what he considers appropriate parking; and he wants proposed changes to the Ordinance so it would not be legal under the Code. He stated most people find it objectionable to park RV's all over the front yards.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct staff to report to the Board in 30 days on proposed changes to the Zoning Code to address parking of recreational vehicles (RV's) horizontally in front of houses. Motion carried and ordered unanimously.

Commissioner Higgs advised Mr. Adamson he will be able to see the information when it comes back to the Board.

ABATEMENT OF NUISANCE, RE: REMOVAL OF DEBRIS FROM BURNED OUT STRUCTURE

Commissioner O'Brien advised there are 200 to 300 children going to and from school on the street; it looks like a war zone; and requested permission for staff to remove the debris from the burned out structure on Tate Street.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to authorize Code Enforcement to utilize the services of the Public Works Department to remove debris from a burned out structure located at 1502 Tate Street in Cocoa. Motion carried and ordered unanimously.

TEMPORARY USE AGREEMENT WITH JACOB AARON CORPORATION AND MARTIN K. EBY CONSTRUCTION CO., INC., RE: USE OF TRAILERS FOR TEMPORARY FIELD OFFICES DURING CONSTRUCTION OF PORT ST. JOHN/CANAVERAL GROVES I-95 INTERCHANGE

Chairman Scarborough advised the Florida Department of Transportation contractor for the Port St. John/Canaveral Groves I-95 Interchange has established an office on property on Grissom Road; there were comments from the people in the community and Road and Bridge on what is supposed to be going on at the Grissom site; he understands there is capacity for all equipment and heavy activity to be out there at the I-95 site, but on Grissom Road it would be just office-type activities; and inquired if staff amended the Agreement. Planning and Zoning Director Mel Scott responded yes. Chairman Scarborough inquired if Public Works agrees; with Assistant Public Works Director Ed Washburn responding yes.

Chairman Scarborough passed the gavel to Vice Chairman Higgs.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Temporary Use Agreement with Jacob Aaron Corporation and Martin K. Eby Construction Company, Inc., for use of a temporary construction field office only for office personnel to plan and coordinate the daily construction operations during the land clearing and construction of Port St. John/Canaveral Groves I-95 Interchange, amended to remove language concerning onsite storage of materials and equipment, limit onsite vehicle weight to 2.5 tons, and prohibit use of bermed access along drainage ditch south of Bridge Street. Motion carried and ordered unanimously.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 12:43 p.m.

ATTEST:

TRUMAN SCARBOROUGH, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

SANDY CRAWFORD, CLERK
(S E A L)