The Board of County Commissioners of Brevard County, Florida, met in regular session on February 1, 2000, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Sue Carlson, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

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

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

APPROVAL OF MINUTES

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve the September 2, 1999 Zoning Meeting Minutes. Motion carried and ordered unanimously.

REPORT, RE: AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE

County Manager Tom Jenkins stated weeks ago a resident appeared before the Board and made some inquiries about the County's Americans with Disabilities Act (ADA) Program; he provided a report to the Board on January 26, 2000; the County has an ADA Coordinator located in the Facilities Management Department; and it has an ADA grievance process with a committee consisting of both citizens and County employees. He stated new construction the County does is ADA compliant with the regulations in place at the time; that includes County construction, as well as all private construction which is reviewed for ADA compliance; when older facilities receive significant modifications, the primary components are also made compliant with the latest ADA regulations, such as access, entranceways, signage, alarm systems, etc.; the costs of making all County facilities fully compliant, such as the older facilities prior to the ADA being in existence, would be very significant and exceed available resources; however, the County does it during renovations. Mr. Jenkins advised the County's ADA Program appears to be in compliance with the ADA requirements; however, it has recently issued a reminder to all agencies to make them aware of what the requirements are.

The Board acknowledged receipt of report from County Manager Tom Jenkins regarding the County's efforts to comply with the Americans with Disabilities Act (ADA) with new facilities and significant renovations to existing facilities, as well as a coordinator in the Facilities Management Department and a Grievance Council.

APPOINTMENT, RE: TOURIST DEVELOPMENT COUNCIL

p Motion by Commissioner Carlson, seconded by Commissioner Voltz, to appoint Tom Wasdin, 200 Sykes Creek Parkway, #A-710, Merritt Island, Florida 32952, to the Tourist Development Council replacing Carol Roach, with term of appointment expiring October 7, 2001. Motion carried and ordered unanimously.

DISCUSSION, RE: DONATION OF LAND FOR COURTHOUSE

Chairman Higgs stated the Board received a copy of a letter from Philip Nohrr, representing James Nance, in regard to an offer to donate land to Brevard County for a courthouse; and requested the item be placed on the agenda for discussion by the Board at its next meeting. She further requested staff to ask the Chief Judge to provide his input to the Board concerning the issue.

DISCUSSION, RE: USE OF GOVERNMENT CHANNEL

Chairman Higgs stated she received a memorandum from the County Manager regarding how the government channel is being used; the County would be able to host programs; and expressed concern that the Board serving as a host to a program may be of concern to people and may not be the right way to go about using the government station. She noted she does not know if the Board wants to take action on the issue or agenda the item; the County is doing a lot of programming telling people about government services; but it takes on a different feeling when it might be involved other than in the televised meetings it has.

Commissioner O'Brien requested the item be placed on the agenda and staff report back to the Board with policies from other counties and cities which televise their meetings.

Chairman Higgs requested County staff come back with clarification on the Board's policy in a few weeks.

RESOLUTION, RE: RECOGNIZING THE WOMEN AND MEN WHO HAVE HELPED LAUNCH MAN FROM PLANET EARTH

Commissioner Scarborough read aloud a resolution recognizing the women and men who have helped launch man from planet Earth; and presented the resolution to individuals involved in the Space Program.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution recognizing and commending the women and men of Brevard County who made it possible for man to make his first steps into worlds beyond Planet Earth. Motion carried and ordered unanimously.

Dr. Calvin D. Fowler introduced various individuals present who were involved in the Space Program, including those from Brevard, Duval, Indian River, Orange, Osceola, Pinellas, Seminole, and Volusia Counties; stated the Space Walk of Fame is in contact with 9,200 people; and they are all over the world. He expressed appreciation to the Board for the Resolution; and stated it will be posted publicly.

Commissioner Scarborough expressed appreciation to the individuals involved in the Space Program; and stated the Board thanks them for all they did, not just for Brevard County, but for mankind.

RESOLUTION, RE: PROCLAIMING SPAY DAY USA

Commissioner O'Brien read aloud a resolution proclaiming February 29, 2000, as Spay Day USA; and presented the resolution to Animal Services and Enforcement Director Joe Ward.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution designating February 29, 2000, as Spay Day USA; and urging the citizens of Brevard County to observe such day by having their dogs and cats spayed or neutered, or by supporting the spaying and neutering efforts of North Animal Care Center by collecting and transporting aluminum cans to the Center or Animal Services and Enforcement Department. Motion carried and ordered unanimously. (See page for Resolution No. 2000-031.)

Sherry Wanda, representing Society for the Prevention of Cruelty to Animals (SPCA) of North Brevard, stated Brevard County euthanizes 14,000 animals annually; and on behalf of the SPCA of North Brevard and Brevard County Animal Services, thanked the Board for adoption of the Resolution. She stated only through public awareness and programs like this can they begin to end over-population of animals; and explained Spay Day USA.

SANDY CRAWFORD, CLERK OF THE CIRCUIT AND COUNTY COURTS, RE: PRESENTATION OF CERTIFICATE OF ACHIEVEMENT AWARD FOR EXCELLENCE IN FINANCIAL REPORTING

Clerk of the Circuit and County Courts Sandy Crawford presented a Certificate of Achievement Award for Excellence in Financial Reporting received from the Government Finance Officers Association to Finance Director Stephen Burdett and an award for Financial Reporting Achievement to Assistant County Finance Director Kathleen Prothman. He stated the Certificate of Achievement for Excellence in Financial Reporting is presented to Brevard County, Florida, for its Comprehensive Annual Financial Report (CAFR) for the Fiscal Year ended September 30, 1998; and a Certificate of Achievement for Excellence in Financial Reporting is presented by the Government Finance Officers Association of the United States and Canada to government units and public employee retirement systems whose CAFR achieve the highest standards in government accounting and financial reporting. Mr. Crawford stated the two awards have been earned by the Finance Department for the last 15 years; the Certificate of Achievement is the highest form of recognition for excellence in state and local government financial reporting; to be awarded a Certificate of Achievement, a government must publish an easily readable and efficiently organized financial report whose contents conform to program standards; and such financial report must satisfy accounting standards and applicable legal requirements. He advised the CAFR is used by investors, other governments, and rating agencies to evaluate Brevard County's credit quality and adherence to fiscal policies; having this financial information available improves the County's ability to fund the necessary infrastructure; and this award has been received since 1981 on the County's CAFR prepared by County Finance.

The Board acknowledged Clerk of the Circuit and County Courts Sandy Crawford's presentation of the Certificate of Achievement Award for Excellence in Financial Reporting received from the Government Finance Officers Association to Finance Director Stephen Burdett and a Certificate to Assistant County Finance Director Kathleen Prothman for her responsibility in preparing the award winning Comprehensive Annual Financial Report (CAFR).

Commissioner Scarborough complimented Mr. Crawford, the Clerk's staff, and County staff with the transition for Y2K; stated it operated smoothly; there was a tremendous upgrade with the computer system; and it is going to allow better planning at all levels and make Brevard County better.

RESOLUTION, RE: PROCLAIMING CROSSING GUARD APPRECIATION DAY

Chairman Nancy Higgs read aloud a resolution proclaiming February 4, 2000, as Crossing Guard Appreciation Day.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution proclaiming February 4, 2000, as Crossing Guard Appreciation Day; and expressing the Board's appreciation for their dedicated service. Motion carried and ordered unanimously.

ITEMS PULLED FROM CONSENT AGENDA

Commissioner O'Brien requested Items III.A.2. and III.A.3. be pulled from the Consent Agenda. Chairman Higgs stated the Items will be moved to the back of the Agenda.

APPROVAL OF TASK ORDER NO. 97-14 WITH HDR ENGINEERING, INC., RE: DESIGN AND CONSTRUCTION OF ANCILLARY FACILITIES AT NEW MELBOURNE TRANSFER STATION

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to execute Task Order No. 97-14 with HDR Engineering, Inc. for design and construction of ancillary facilities at the new Melbourne Transfer Station at $200,000. Motion carried and ordered unanimously.

AGREEMENT WITH TOPAZ OCEANFRONT DEVELOPMENT, RE: EASEMENT ENCROACHMENT OF MASONRY LANDSCAPE WALL

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to execute Agreement with Topaz Oceanfront Development for the construction of a masonry landscape wall in a sanitary sewer easement. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA MARLINS, RE: STATE-OF-THE-ART ELECTRONIC SCOREBOARD AT SPACE COAST STADIUM

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to execute Joint Purchase Agreement with the Florida Marlins Baseball Club for a state-of-the-art electronic scoreboard for Space Coast Stadium. Motion carried and ordered unanimously.

ACCEPTANCE, RE: INVESTMENT ACTIVITY REPORT AS OF DECEMBER 31, 1999

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to accept the Investment Activity Report as of December 31, 1999. Motion carried and ordered unanimously.

ACKNOWLEDGE, RE: SPECIAL DISTRICT FINANCIAL REPORT FOR TITUSVILLE- COCOA AIRPORT AUTHORITY

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to acknowledge receipt of the Titusville-Cocoa Airport Authority's Financial Statement for the period beginning October 1, 1998 and ending September 30, 1999. Motion carried and ordered unanimously.

ACKNOWLEDGE, RE: SPECIAL DISTRICT FINANCIAL REPORT FOR MELBOURNE- TILLMAN WATER CONTROL DISTRICT

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to acknowledge receipt of the Melbourne-Tillman Water Control District's Financial Statement for the period beginning October 1, 1998 and ending September 30, 1999. Motion carried and ordered unanimously.

REAPPOINTMENTS, RE: BREVARD COUNTY COMMISSION ON STATUS OF WOMEN

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to reappoint Cathy Stanton, 2976 Tyler Avenue, Melbourne, Florida 32935, Bettye G. Murray, 2404 S. Lipscomb Street, Melbourne, Florida 32901, and Gayle B. Cannon, 1841 Long Iron Drive #808, Viera, Florida 32955 to the Brevard County Commission on Status of Women, with terms of appointments expiring December 31, 2000. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62-510 REGULATING DEVELOPMENT WITHIN WEST CANAVERAL GROVES

Chairman Higgs requested staff explain what is in the amendments to the Ordinance.

Assistant County Manager Peggy Busacca stated the West Canaveral Groves area is located off of Satellite Boulevard, four square miles which runs between S.R. 520 and S.R. 528; the area was platted originally as a paper subdivision in the 50's and sold to approximately 2,000 separate owners; the lots are one-acre lots; the roads are owned as part of the lots; and the rights-of-way which exist are largely privately-owned. She noted at some point in the history of the area, rudimentary roads were put in; there is a north/south road which is Satellite Boulevard and off of that Road every several hundred feet there are east/west roads; Satellite Boulevard is currently maintained by the County, although it did not start until 1995; and in the 1980's, people began to move into the West Canaveral Groves area without building permits. Ms. Busacca stated this was possible because the access from the rudimentary roads existed; in the late 1980's, Brevard County began to work with the people in West Canaveral Groves; rather than displace the approximately 100 residents living out there, the Board in 1994 chose to accept the roads for building permit purposes only; this was mainly to allow the people that were out there to come into compliance with the standards the County adopted in 1995; and such standards are somewhat different than currently exist throughout the remainder of Brevard County, and are specifically for existing permanent structures. She noted existing permanent structures are those which existed as of January, 1995, and each property owner was given a certificate; they are permitted to come into compliance under the Ordinance which was adopted; all other property owners must come into compliance and meet all of the existing County Codes, except that they are permitted to build without having access to a County accepted and maintained road; throughout the last several years, there are between 24 and 50 new homeowners out there each year; and they continue to pull building permits on largely privately-owned and non-County maintained roads. Ms. Busacca advised the only road which is maintained is Satellite Boulevard; it is maintained in a useable condition; the County grades it a couple of times per month; however, it has continued to expend a relatively large amount of resources in that area; last year, it spent approximately $18,000 for grading and improvements to drainage; and the area generated approximately $5,000 in MSTU dollars. She stated the County is spending a great deal more resources than it is generating in tax revenue; largely it is because the values of the properties are relatively low; and the average person generates approximately $2.74 a year in MSTU dollars. She advised the ordinance before the Board today is the proposal that the area of West Canaveral Groves would come into compliance with the remainder of Brevard County; building permits would be issued only if the roads were County accepted and maintained, as required throughout the other areas; because the area is unique, there has been some discussion in court cases about this area being treated differently from other areas of the County; and that issue is one of the reasons the Board has brought this forward today for discussion. She stated staff has twice in the last eight years surveyed the property owners within the West Canaveral Groves area; both times, approximately 90% of the people did not support an assessment to improve the roads; that is largely due to the cost of the improvements versus the value of the land; and staff has estimated the cost of the improvements to be approximately $7,000 per lot. She advised the Property Appraiser has assessed the values at approximately $3,500 per lot; there are many people who want to continue to maintain the rural atmosphere in the area; the County has recently completed a survey on the financial eligibility of the area for grant funding; and based on the numbers, the area could be eligible for some grant funding; however, at this time, she does not know how much would be eligible and what specific projects would be eligible as there is a great deal of work that needs to be put together. Ms. Busacca advised the proposed ordinance makes two changes; the primary change is that property owners would not be able to acquire building permits until the roads were brought up to County standards, which is the requirement throughout the remainder of the County, except in those instances where an existing permanent structure has been provided as certification, in which case the Code permits the people to come into compliance by the year 2001; and the second change is that there are impact fees which are currently permitted to be paid over a two-year period and the Code specifically delineates the existing impact fees. She stated the Local Planning Agency (LPA) considered the ordinance last week and made three recommendations, including that the Board table the ordinance; a committee be put together of staff members, interested individuals knowledgeable about the area, and residents to see if they could come up with another solution for obtaining infrastructure in the area; and staff be more diligent in completing the survey on the financial situation, which has now been completed.

Chairman Higgs inquired what are the estimated costs on the necessary improvements on Satellite Boulevard; with Ms. Busacca responding approximately $1 million which is about $250,000 per mile. Chairman Higgs inquired does it include permitting and drainage, or is it strictly paving; with Ms. Busacca responding it is strictly the improvements. Ms. Busacca advised the permitting and acquiring additional lands in order to put in drainage and those kinds of facilities would be additional.

Mrs. Dempsey stated she and her husband would like the area to remain as it presently is; they have filled in the holes from Satellite Boulevard to the end of Terry Lane twice a year with no assistance; they do not mind maintaining their road; and they would like to get up to Code; however, they live on a fixed income.

Joseph Stadnik stated he has been living in Canaveral Groves since 1993; families move there for various reasons; land was selling for $1,000 an acre and for some individuals that was all they could afford; and most land was well protected with trees, had an abundance of wildlife, and was away from the busy city life. He noted the families can live in a secluded countryside with nature, teaching their children the beauty of God's creation; West Canaveral Groves consists of four square miles of land; it is a beautiful setting for future boating, condos and apartment growth; but some of the big drawbacks of the area include lack of septic tank drainage fields and lack of County cooperation in maintaining posted dirt roads. He noted no money from the Transportation Advisory Committee went to Satellite Boulevard or West Canaveral Groves area; such area was not represented on such Committee; there is a lack of electric lines on side roads; and they need to be put in at an affordable cost to the people.

Robert Scorha stated he is in favor of the people in West Canaveral Groves continuing to build and use their property; West Canaveral Groves was platted in 1963; at that time there were lots and roads the County approved and recorded the plats; and in 1976, Canaveral Groves, Inc. decided to discontinue maintaining and developing roads in all of Canaveral Groves. He advised in July, 1976, Canaveral Groves, Inc. deeded the roads out of its name and to the adjacent property owners up to the centerline of the roads; and he does not believe the deed is valid. He advised an easement was granted to the public for ingress and egress; the roads are the County's responsibility; and provided a copy of the deed to the Board.

Thomas Perkinson stated everybody in Canaveral Groves can get in and out right now or they would not be there; he realizes everything could be better; and requested the issue be shelved until a complete survey has been done on the costs to pave the roads.

Joan Carey stated the County is and has been allowing West Canaveral Groves to be developed by issuing building permits and requiring those who build to meet County Codes; the County charged for building permits, building inspections, and impact fees; taxes have increased by as much as 160%; and the County has done little or nothing for the fees and taxes. She requested Brevard County join the property owners with the development of West Canaveral Groves by developing infrastructure such as bringing Satellite Boulevard up to County standards; stated if a corporation requested the County to add infrastructure so they might build a factory, the County would take tax dollars to do it; and if it believes that developing the area is a danger to the St. Johns River or there is a fear that the landfill has or will pollute the water table in the area, then it should make arrangements to purchase the properties. She advised if Brevard County simply wants to stop development without a resolution to the problem, it should stand by for lawsuits that the taxpayers do not want or deserve; they should not be taxed without receiving a benefit from taxes; and requested the Board not betray the public trust.

Gloria Ditinick stated she has owned property in the area since 1964 and pays taxes; she has not built on the property, but wishes to be able to get a building permit if and when she decides to build on the property; and recommended that a solution be reached that is acceptable to everyone. She noted she does not want her property that she has paid taxes on to be of no value. Clifford Trainham stated this morning he received his building permit; he purchased the property in 1991 and pays his taxes every year; and inquired why it takes one month to get a building permit. He noted no one should be put through what he has had to go through to get a building permit; he purchased the property because he likes living in the woods; he has been insulted; and Brevard County treats the people in Canaveral Groves worse than dogs.

Chairman Higgs it is the Board's desire that all citizens be treated respectfully as they go through the process; and sometimes it is frustrating.

Robin Baugh stated he purchased the property on Satellite Boulevard and Breckenridge Road in June, 1999; he has done everything the County asked him to do; now he does not know what is happening; and he is willing to do whatever Brevard County requires. He noted it is a nice area; the property owners should be allowed to build; he is ready to get a building permit now; Satellite Boulevard is a nice road; and the drainage ditches are cleaned out. He stated he does not see the big problem in getting a building permit if someone is in compliance.

Albert Boyd stated he has noticed an improvement in the West Canaveral Groves area since approximately three years ago; he purchased a piece of property in the area late last year; he was not aware of any problems with the roads; and he would like to get a building permit in the near future. He noted it will be a beautiful area once the people build their homes and make improvements; Brevard County will receive more in tax money which will help pay to maintain the roads; his main goal is to be able to build a house on the property he purchased; and he would like to do it legally.

Claude Tomkiel stated he has lived in the area his entire life; he has driven his truck up and down the dirt roads just fine for many years; he has not had any problem with the roads Public Works Director Henry Minneboo has maintained; and he still lives on a dirt road off of Pine Street. He noted his hard-earned money has been spent; the County is telling the people they do not have the right to build on their property; it is not right in America; and it is stealing from the public. He requested the Board allow Mr. Minneboo to improve the roads; stated the tax dollars have been collected over 37 years and used other places; it is time to give back to the people in Canaveral Groves; and requested the County help the poor and low income people.

Sherian Fulcher stated she pays $900 a year in taxes; she has two lots she does not know what to do with; and now her property is worthless.

Brenda Carpenter stated she and her husband have had property in the area since 1991; it was platted in 1963; Satellite Boulevard has only been maintained for the last three or four years; and inquired what happened to all the years that Brevard County never came out and where did the funds go to maintain Satellite Boulevard. Glen Brown stated when he purchased his property he was told nothing about the Codes being changed in West Canaveral Groves; he is a homeowner and taxpayer in other parts of Brevard County; part of those taxes are used for the entire County and not just one part of it; and it is unfair that taxes collected in Canaveral Groves should be the only revenue used to make capital improvements there when it is not that way for the rest of Brevard County.

Susan Yesenko stated she supports the LPA's recommendation to find a solution; the property owners have their whole livelihoods put into this area; dirt roads are not a bad thing; she is from Michigan and some of the wealthiest communities in the country are in the Detroit area; and the property values are higher because they have dirt roads. She requested the Board not make any rash decisions, explore all the issues, and come up with a solution that works.

Dick Gregory stated the property owners want to maintain their property and have property values; fire hydrants need to be put along Satellite Boulevard; another step forward would be to use tax dollars to pave Satellite Boulevard; all the canals need to be maintained at this time; and improvements are needed. He noted perhaps an MSTU could begin improving the properties; there are approximately 2,000 property owners at the present time; and it would help the area immensely.

Dennis Corderman stated the argument he has heard is that emergency vehicles cannot get down the side roads; however, people have no problem getting a 14' x 70' mobile home down the side roads; the road he lives on is in good shape; emergency vehicles can get down Satellite Boulevard; and it is a County road and Brevard County's responsibility, not the property owners.

James Darville, Sr., stated the tax money is there; a lot of people maintain their own side roads; his roads are maintained by him and his neighbors; raising taxes is not going to cut it; and inquired what is their tax money now being used for.

K.C. Townsend stated if Brevard County paves the roads, it is going to increase the traffic; the people who have property off of Satellite Boulevard bought it with the knowledge of the condition of the roads; individuals with multiple parcels cannot afford the costs to pave the roads; and with seven acres, she would be looking at nearly $50,000 in paving costs in Section 9 and $28,000 in Section 8. She noted the property owners like the dirt roads as many of them have horses; and if the County paves the roads, it will create a dangerous situation.

Mike Jackson stated he owns property on Satellite Boulevard; he knew the conditions of the road when he purchased the property; he bought the property because of the rural atmosphere; and he is opposed to the proposed ordinance. Larry Harrell stated he purchased property in West Canaveral Groves with the understanding he would be allowed to pull a building permit; and requested the Board come up with a reasonable solution to this other than to stop building in the area.

B. B. Nelson advised of exact dates of recordings of the plats recorded in the survey book for Canaveral Groves, Sections 20 and 29; and stated the copy he obtained from the County's records shows the plats designed by Biscayne Engineering Company dated February 7, 1961. He inquired if he builds a road, it stays in existence for seven years, and is used by the public, does it become a public road; with County Attorney Scott Knox responding it is a four-year Statute and the County has to build and maintain the road. Mr. Nelson inquired what if an individual builds the road and it becomes used by the public; with Attorney Knox responding it could still be a private road. Mr. Nelson stated the County needs to make up its mind as to whether or not it is going to accept the factual information that is a matter of Public Record; the dirt from the canals was used to build the roads; Brevard County has a responsibility as it has been collecting taxes from West Canaveral Groves for 40 years or more; and it needs to work out a program to solve the problem. He noted the problem was not created by the people who live out there; and it was created by the lack of leadership in government to solve the problem. He suggested the County put in water from S.R. 520 north along Satellite Boulevard and the side streets, make improvements to the dirt roads on side streets, and come up with the money to pave Satellite Boulevard.

Chairman Higgs stated the proposal is not to close roads, but is in regard to building permits.

Lelia Benton stated she owns approximately six pieces of property in Canaveral Groves and has been paying taxes for many years; and inquired what is Brevard County going to do about the roads and where was her money spent. She stated some individuals want horses, cows, and snakes, but they should think about other people who like to live civilized.

Doris Johnson stated her property faces S. R. 520 and she has owned it since 1972; she pays her taxes on time each year; and advised of her support with the other land owners in West Canaveral Groves. She noted she has been told she does not have to worry about her property because it fronts on a paved road; and Brevard County should help the property owners by paving Satellite Boulevard and assist in getting the area up to standards so they can build suitable homes on their property.

Chairman Higgs stated the proposal would not affect Ms. Johnson since her property is on S.R. 520; and inquired does it affect the properties located on Satellite Boulevard in regard to a building permit. Ms. Busacca responded there would be no impact to those properties on S.R. 520 as the road is maintained; and Satellite Boulevard has been maintained only for a usable purpose but is not brought up to County standards. She stated under the ordinance, Satellite Boulevard would have to be brought up to County standards before a building permit could be pulled.

Ed Koehler stated he owns one acre in West Canaveral Groves; Satellite Boulevard is a nice wide road; the problem has been exaggerated; and when our forefathers moved to this country they did not even have dirt roads, but horse paths and lived quite well. He noted it is part of our heritage to start out an area with dirt roads; he does not see what the problem is; and it is time to stop saying dirt roads are bad.

Jean McGinnis stated people have lived in West Canaveral Groves and survived; and inquired if the County is trying to rescind an Ordinance it previously accepted. She noted the County wants to take back the words that are written in law that made it possible for people like her to plan to live their lives in established homes.

Ms. Busacca stated the ordinance would require that West Canaveral Groves be treated the same way as the rest of Brevard County; currently, West Canaveral Groves is the only area where a building permit can be pulled and the road is not a County accepted and maintained road; and the change to the Ordinance would require that a County accepted and maintained road be in place before a building permit could be issued.

Nicki Kisner stated she has lost track of how many meetings she has attended on this same subject; the people of Canaveral Groves are left in limbo not knowing what to do; it is time that the issue is resolved; and requested the Board make a decision.

Nick Rahal inquired does the County issue permits to build or allow mobile homes in the West Canaveral Groves area; with Ms. Busacca responding yes, if properly zoned. Mr. Rahal inquired if he consummates a contract, could the buyer get a permit, if the property is properly zoned, for a mobile home. Chairman Higgs stated there are so many aspects in regard to a permit that it would be ill advised for the County to answer that question. Mr. Rahal inquired could the individual apply for a permit; with Chairman Higgs responding yes. Mr. Rahal stated the County has been issuing permits in the West Canaveral Groves area on roads that are not up to County standards; and inquired why did it allow that. He stated the responsibility is not with the people who live there; a precedent has been set that the County allows permits in the West Canaveral Groves area; the County has encouraged people to come to Canaveral Groves by giving them permits; and the reason those individuals are out there is because Brevard County issued permits for people to build or put mobile homes on property where the roads were not up to County standards. He advised Brevard County has a responsibility to not ban building permits, but work with what it has right now and not deny the people permit because the roads are not up to County standards.

Albert Scharf stated he owns a lot in West Canaveral Groves; he spoke with a lot of people in the development; and most of them are happy with the dirt roads.

Ian Donlon stated he purchased three acres in Canaveral Groves off of Satellite Boulevard; it is very accessible; the County has given building permits on both sides of his property; and there are nice trailers in the area. He noted he paid off his property early and paid his taxes; but if the proposed ordinance is adopted, eight years of his life is gone in the gutter. He inquired will he ever be able to build on his property or should he forget about it and walk away from it right now.

The meeting recessed at 10:58 a.m. and reconvened at 11:16 a.m.

Commissioner Voltz stated it is her understanding that the County does not have an easement for the roads and the people who own the lots need to deed it over to the County before it can put in roads; with Ms. Busacca responding that is correct. Ms. Busacca stated the property includes an ingress and egress easement from the property line to the centerline of the road.

County Attorney Scott Knox stated when the County was involved with the Canaveral Properties litigation concerning the acquisition of Grissom Road, the deed indicated there is a dedication to the public; the issue in that case was whether the County ever accepted it or not; and the County's position was it never accepted it; therefore, these are all still privately maintained roads. He advised he will do further investigation on it; if it is platted and the County signed off on the plat saying it accepted the dedication of the road rights-of-way, that would be one thing; but he has not seen that for this particular area; and it is not platted in the sense that the County recorded a subdivision plat.

Commissioner Voltz stated some of the benefits the people of Canaveral Groves receive for the tax dollars they spend include ambulance, police and fire protection, library and recreation services; Brevard County has a landfill and a jail it needs to keep up; and a lot of tax dollars go toward those types of things. She requested Attorney Knox elaborate on the Bert Harris Act.

County Attorney Scott Knox stated if the County changes the rules in any area in terms of impacting land uses and anyone can prove that the change in the rules has lowered the value of his property, he can file a Bert Harris claim; and if he can prove there was a devaluation, the County may end up having to pay for what the devaluation is if it changes the rules.

Commissioner Voltz stated there are a lot of people in the community who live on fixed incomes; the County has been dealing with the Canaveral Groves issue for many years; the Board needs to take the responsibility and bring the area up to standards; and the County should leave the dirt roads and not pave them as that is what the property owners desire. She inquired about federal funding and if Canaveral Groves is a possible target area for it or Community Development Block Grant (CDBG) funds; with Ms. Busacca responding the Board could evaluate whether or not it wanted to make it a target area. Commissioner Voltz stated the County needs to look at it; there are CDBG funds that can be used for low income areas; this is one that would qualify; and it is time for the Board to make some tough decisions and do something. She noted the County needs to find out if it has the right-of-way in Canaveral Groves; and if it does, it would not be a taking. Mr. Jenkins stated the County does not have the right-of-way, but may have an easement.

Commissioner Scarborough stated he would like the concept of the roads pursued; the County may be able to get federal funds for target areas; it needs to find out how it can proceed with the right-of-way as it is a legal issue; and if the Board agrees, he will set up a meeting in his office with staff and those individuals who would like to attend.

Chairman Higgs stated the County is required to protect people equally under the law; that is the person who lives in Canaveral Groves who wants to see their property buildable or potentially sellable at a higher rate; the County is also responsible for protecting the rights of people who live in other parts of the County and own property; and there are people who have also built on roads they have constructed who are under an Agreement with the County to pave those roads. She noted some of them do not want to live on paved roads either, but in order to get their building permit, they are required to sign an Agreement that after 50% of the people built on the road they would then have to pay for the final paving; the Board needs to make a decision today; if it is a compromise to allow those people who purchased property in a certain period of time to proceed, that may be the way to go; but the Board needs to decide whether to change the County standards or apply the standards in the neighborhood. She stated the County could have a window of opportunity to allow people who bought during the period of time when the Board changed the ordinance to proceed; it would probably pass legal muster; and the Board needs to deal with the ordinance.

Commissioner Voltz stated Ms. Busacca included an option in her memorandum that considers an amendment to the ordinance to allow permits to be issued for property purchased between April, 1994 when the Board accepted the roads within the area for building permits only, and February 1, 2000; and she would support adoption of the ordinance with that provision. She noted the County needs to also look at the CDBG funding and legal issue with the roadways. There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Higgs, to adopt an Ordinance of Brevard County, Florida, amending Chapter 62-510, Code of Ordinances of Brevard County, Florida, relating to development standards within the West Canaveral Groves area; amending status of existing permanent structures; amending conditions for authorization and acceptance of existing permanent structures; amending the standards for new development within West Canaveral Groves; amending references to specific Brevard County agencies; providing for conflicting provisions; providing for severability; providing for area encompassed; providing for inclusion in Code; providing for an effective date, as amended, to include amendment to allow permits to be issued for property purchased between April 1994, when the Board accepted the roads within the area for building permits only, and February 1, 2000; and direct staff to look at CDBG funding and legal issue with the roadways.

Commissioner O'Brien expressed concern on enforcement and fairness issues for everyone involved in the process.

Ms. Busacca stated last year staff identified 67% as new structures with building permits which has increased from the 12%; but it is still not 100%. Commissioner O'Brien stated without 100% compliance, that is what caused the problem the County is working on presently; as long as it allows the other 30% to continue doing that every year, the problem only perpetuates itself; and the County needs to search for a viable solution. Chairman Higgs stated Brevard County needs to insure that compliance is achieved.

Commissioner Scarborough stated Contracts for Deeds not recorded may be out there as well; and inquired is the County going to give them the same validity as deeds. Attorney Knox responded whoever has property under a Contract for Deed would have an equitable interest in the property and would be the equitable owner; and the County would recognize it.

Commissioner Voltz stated she will include in the motion the Contracts for Deeds outlined by Commissioner Scarborough.

Commissioner Scarborough amended the motion to include that the effective date of the ordinance change be July 1, 2000; and Commissioner O'Brien seconded the amendment. Motion carried and ordered unanimously.

Chairman Higgs stated the motion includes adoption of the Ordinance with Commissioner Voltz' inclusion of the intention that Contracts for Sales are considered in the same ownership category. Chairman Higgs stated the current proposal is that the Ordinance would be amended and no building permits would be pulled on non-County maintained roads after July 1, 2000; with Commissioner Scarborough commenting unless someone fell within the parameters of having a Deed or Contract for Deed which was dated between April 19, 1994 and July 1, 2000. Chairman Higgs stated if someone purchased property between April 19, 1994 and July 1, 2000, they would be allowed to pull a building permit; and if they bought property prior to that, they have until July 1, 2000 to pull their building permit.

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

Commissioner Scarborough requested the road and legal issues, including funding, be scheduled on the agenda in approximately one month. Commissioner O'Brien requested staff and the County Attorney bring back information on what kind of ordinance is needed to put some teeth into it to keep a level playing field for everyone. Commissioner Voltz stated the Ordinance would apply Countywide.

The meeting recessed at 12:11 p.m. and reconvened at 12:19 p.m.

PUBLIC HEARING, RE: RESOLUTION ESTABLISHING RECLAIMED WATER INFRASTRUCTURE CREDIT

Chairman Higgs called for the public hearing to consider a resolution establishing a reclaimed water infrastructure credit.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution of the Board of County Commissioners of Brevard County, Florida, amending Resolution No. 93-288 (Schedule of rates, fees and charges for water, sewer and reclaimed water), specifically creating Exhibit B, a reclaimed water infrastructure credit, establishing an effective date, including systems located in the South Beaches, Merritt Island, North Brevard, Port St. John and the South Central Mainland Service Area. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING ORDINANCE NO. 90-12, ART IN PUBLIC PLACES ADVISORY COMMITTEE

Chairman Higgs called for the public hearing to consider an ordinance amending Ordinance No. 90-12, Art in Public Places Advisory Committee.

There being no comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Ordinance amending Ordinance No. 90-12, specifically amending Section (C) (3) (a) and Section (C) (3) (b) establishing the membership, qualifications and terms of appointment of members of the Art in Public Places Advisory Committee (APPAC); providing for severability; and an effective date. Motion carried and ordered unanimously. (See page for Ordinance No. 2000-09.)

RESOLUTION, RE: SUPPORTING IMPLEMENTATION OF CENTRAL AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to adopt Resolution pertaining to the endorsement and congressional authorization of the Central and Southern Florida Project Comprehensive Review Study (Restudy). Motion carried and ordered unanimously.

SPEED HUMP REQUEST, RE: VIVIAN DRIVE, HEMP WAY, AND SHERRY LANE

Keith Harness stated it is his understanding that a speed hump has been approved for Hemp Way; if that is the only speed hump that is going to be put in, it is not going to solve the problem of the speeding that comes off of Vivian Drive; and there should be at least three speed humps and possibly four, including one on Delores Avenue.

Commissioner Scarborough stated the survey was for three locations, including Hemp Way, Vivian Drive, and Sherry Lane; and he will move to approve the speed humps at the three locations.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve installation of speed humps on Vivian Drive, Hemp Way, and Sherry Lane located in Cocoa. Motion carried and ordered; Commissioner Voltz voted nay.

PERSONAL APPEARANCE - J. DAVID CIVIL, ST. PATRICK DEVELOPMENT GROUP, INC., RE: LOREN AND FAWN VAN RIESEN V. BREVARD COUNTY BOUNDARY DISPUTE

County Manager Tom Jenkins advised that the issue has been resolved.

The Board took no action concerning the Loren and Fawn Van Riesen v. Brevard County boundary dispute as the problem has been resolved.

PAYMENT OF LEGAL EXPENSES, RE: HOME RULE COMMITTEE FOR RECENT COURT HEARING

Maureen Rupe stated the County will be setting a precedent if it reimburses the Home Rule Committee with taxpayers' money; she has been advised by attorneys that the three proposals could be unconstitutional; and the Committee must bear the responsibility and the costs.

Nicki Kisner advised she objects to giving the Committee any reimbursement.

Barbara Jagrowski stated the Board was not ordered by the Court to make the payment for the Committee's legal expenses; and cautioned the Board about going down that path as it would be setting a precedent.

Commissioner Voltz stated the Committee said it was the Board's responsibility to make the decision whether or not to put the amendments on the ballot; County Attorney Scott Knox said it should go before a Judge; the Judge said it was the Board's responsibility; when the Committee sued the Board, it knew it was going to have legal fees; but when it obtained the signatures, it did not realize it would have legal fees. She noted she does not support any of the issues that were brought up; but it was the Board's decision and it ended up to be wrong; and there were 16,000 signatures of people in Brevard County who did their duty to petition their government.

Commissioner Scarborough stated in this particular instance, the County was providing a service to the greater community in trying to find a legal determination whether or not it met certain standards; the Judge said the decision was initially the Board's; and he is willing to support Commissioner Voltz because it was not for the Committee's benefit, but for the greater community's benefit that this event took place.

Chairman Higgs stated she does not know how the County can pay the legal costs when it is not being directed to do so by the Court; if the Court said Brevard County has to pay, then that is its responsibility; but in other situations where it either gets a declaratory judgment or into other kinds of actions, it pays when it is forced to pay; and she does not see how it can pay these costs in this situation.

Commissioner O'Brien stated the County unduly caused some citizens an expense they should not have otherwise incurred.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to approve payment of legal expenses of the Home Rule Committee for its response to the County litigation on three proposed Charter amendments, not to exceed $4,000.

Commissioner Scarborough inquired has the County seen the billing from the Attorney; with Commissioner Voltz responding she does not know. Commissioner Scarborough requested Commissioner Voltz include in her motion that the Attorney submit an itemized bill for services to Brevard County.

Commissioner Voltz amended the motion to include that an itemized bill for services be submitted by the Attorney in the case; and Commissioner O'Brien accepted the amendment.

Chairman Higgs stated the County has homeowners who bring their attorneys to fight zoning issues and the Comprehensive Plan; they expend costs also in furthering the public good; and inquired why the County does not pay their legal costs as well. She stated the County should not be setting the precedent; and that is why she is opposed to the motion.

Commissioner Carlson stated she opposes the potential precedent setting; and if the Court had ruled for the County to pay, she would have no problem with it.

Commissioner O'Brien stated the public should not incur costs when they petition the government to achieve something they feel is for the greater public good.

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

CONSIDERATION, RE: TWO ANNEXATIONS BY CITY OF ROCKLEDGE

Commissioner O'Brien stated he wants to be assured that Barnes Boulevard is annexed in the process; his map does not show that; and inquired about part of Fiske Boulevard also.

Planner Jim Ward advised the legal description does not include Barnes Boulevard; early in January, 2000, he met with staff and forged a draft joint planning and annexation agreement; on January 19, 2000, the Rockledge City Council reviewed it; and the City's planning staff is forging maps that would be included in the agreement. He stated if the Board desires, he will recommend this segment of Barnes Boulevard be included in the joint planning agreement as an immediate annexation.

Commissioner O'Brien stated when cities want to annex a parcel of property, the roadway also needs to go with it, unless it is a dedicated County road; he does not know if Fiske Boulevard is a truly dedicated County road or not; but if it is not, then this annexation should take place; and Barnes Boulevard should be included in the annexation or he is going to deny the request.

Assistant County Manager Peggy Busacca stated the County is acknowledging this; but it does not have legal standing to stop the annexation.

County Manager Tom Jenkins stated when the City and property owner wish to annex and they do it voluntarily, the County currently has no jurisdiction to do anything about it; and what the Board might seek is a State law change which would require what Commissioner O'Brien is suggesting.

Motion by Commissioner O'Brien, to deny consideration of two City of Rockledge pending annexations involving approximately 30 acres of property in Section 20, Township 25S., Range 36E; and deny the following item, acknowledgement of the City of Melbourne's annexation Ordinances #2000-03 and #2000-06 which annexed two single-family lots totaling approximately .5 acres of property in Section 18, Township 27S., Range 37E. Motion died for lack of a second.

Commissioner O'Brien suggested the County include in its Legislative Package verbiage to solve this problem as soon as possible.

Commissioner Carlson suggested County staff request the City of Rockledge include the roads; and stated she would rather do that than deny the item.

Mr. Jenkins stated Fiske Boulevard is a State Road, so it would not be included.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to direct staff to request the City of Rockledge include the roads in its annexations. Motion carried and ordered unanimously.

ACKNOWLEDGE, RE: ANNEXATIONS 2000-03 AND 2000-06 BY CITY OF MELBOURNE

Commissioner Voltz inquired does the County have a Joint Planning Agreement with the City of Melbourne; with Planner Jim Ward responding it is in the process of finalizing it with the City. Mr. Ward stated within the text of the Agreement, there is language that mentions when the City takes 51% of any given road, it will assume maintenance for the rest of the road.

Commissioner O'Brien inquired is Croton Road a County road; with Commissioner Voltz responding affirmatively. Commissioner O'Brien stated this annexation leaves 11 parcels on the west side; and all the parcels on the east side are already annexed.

Commissioner Voltz stated the County is in the process of working with the City of Melbourne to do the whole thing; it is a problem area; and if it can get a little bit at a time, it needs to be done.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to acknowledge receipt of Ordinances #2000-03 and #2000-06 regarding voluntary annexation of two single family lots totaling approximately .5 acre by the City of Melbourne.

Commissioner O'Brien inquired when will the Joint Planning Agreement be completed; with Mr. Ward responding he expects to have the finalized Agreement by the end of the month. Commissioner O'Brien stated the City should have no problem annexing the road at this point. Mr. Ward responded the City's planning staff has assured him it is compiling the rest of the residences to annex them in a block fashion; and at that time, it would take Croton Road.

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

WARRANT LIST

Upon motion and vote, the meeting adjourned at 12:59 p.m.

ATTEST:

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

SANDY CRAWFORD, CLERK
(S E A L)