May 22, 2001

The Board of County Commissioners of Brevard County, Florida, met in regular session on May 22, 2001, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Susan Carlson, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs, and Jackie Colon, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Pastor Michael Imparato, Mims, Florida.

Commissioner Susan Carlson led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve the April 5, 2001 Zoning Meeting, April 12, 2001 Special Meeting, and April 17, 2001 Regular Meeting Minutes. Motion carried and ordered unanimously.

INTRODUCTION

County Manager Tom Jenkins introduced Garrett Denninghoff, son of John Denninghoff; and stated Garrett is a Boy Scout working on his merit badge, and is present to attend a local government meeting.

PERMISSION TO SCHEDULE, RE: ADDITIONAL WORKSHOPS IN JULY, 2001

County Manager Tom Jenkins stated he sent the Board a memorandum requesting two additional workshops in July, 2001, including a preliminary budget workshop and another workshop to review the unfunded Capital Improvements Plan (CIP), unfunded best practices, and best practices in growth management.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct staff to schedule two additional workshops in July, 2001, concerning the preliminary budget, and unfunded Capital Improvements Plan (CIP), unfunded best practices, and best practices in growth management.

Commissioner O'Brien suggested holding one of the workshops on July 11, 2001; with Mr. Jenkins responding July 11 or 12, 2001 would be fine, whichever date works better.

PERMISSION TO SCHEDULE, RE: ADDITIONAL WORKSHOPS IN JULY, 2001

The Board directed staff to coordinate with the Commission offices concerning the workshop dates.

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

CONSENT AGREEMENT WITH JAY JASPERSON AND LEONARD JONES, RE:
MITIGATION OF VIOLATION OF LAND CLEARING AND TREE PROTECTION
REGULATIONS

Commissioner Scarborough requested the item be rescheduled as Rene Davis and Debbie Coles need additional time to review the site.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct staff to reschedule Consent Agreement with Jay Jasperson and Leonard Jones for mitigation of a violation of the Land Clearing and Tree Protection regulations, as staff needs additional time to review the site. Motion carried and ordered unanimously.

REPORT, RE: BOB DYLAN'S BIRTHDAY

Commissioner O'Brien stated today is the 60th birthday of Bob Dylan, an icon in folk music and rock and roll.

AMENDMENT TO CONTRACT AGREEMENT WITH CENTRAL BREVARD HUMANE
SOCIETY, RE: SOUTH SHELTER NEUTERING CLINIC

Commissioner Colon requested the item be pulled from the Consent Agenda. Chairman Carlson advised it will be discussed at the end of the meeting.

REPORT, RE: SUMMER VACATION

Commissioner Colon stated today is a special day as it is the beginning of summer vacation; people from all over the world come to Brevard County to see Kennedy Space Center, museums, the beaches, zoo, parks, pools, lakes, libraries, and so much more; and the Board not only makes decisions that affect its infrastructure, but the community is built on everything that affects its quality of life.

REPORT, RE: LAW ENFORCEMENT MEMORIAL SERVICE

Commissioner Colon stated on May 19, 2001, the Sheriff's Office held the Brevard County Law Enforcement Memorial Service for all officers who gave their lives in order to protect the citizens in the community; and read the police officers' prayer, as follows: "Lord, I ask for courage, courage to face and conquer my own fears, courage to take me where others will not go. I ask for strength, strength of body to protect others and strength of spirit to lead others. I ask for dedication, dedication to my job to do it well, dedication to my community to keep it safe. Give me, Lord, concern for those who trust me and compassion for those who need me, and please, Lord, through it all, be at my side." Commissioner Colon stated it was a wonderful service; and expressed appreciation to the families of fallen officers and everyone who was part of the special memorial service.

REPORT, RE: LETTER FROM SCHOOL BOARD

Chairman Carlson stated she received a letter from the School Board, through Dr. DiPatri's office; and read the letter, as follows: "Dear Commissioner Carlson: Our entire ESF staff here in Viera has decided to sponsor and build a habitat home for a needy Brevard County family as one of our strategies to boost our recruitment/retention community awareness. We would like to invite and encourage the participation of all of our County Commissioners and their staffs to become co-sponsors with us on this project. We are also inviting, as co-sponsors, our School Board members, our benefit providers, Pepsi, and Florida TODAY. Our ESF Committee members, along with our Human Resources recruiter, Evelyn Henville, are organizing this project." Chairman Carlson stated the School Board is asking if it can count on the County Commission and its staff to participate; it is a wonderful initiative created by the School Board staff; and they are excited about it and are looking forward to the camaraderie it would provide between both groups. She noted she would like the opportunity to reply to the letter and give the School Board the County Commission's support.

Commissioner Higgs stated several Commissioners have participated in the past; and requested Chairman Carlson be sure it is a date that all Commissioners are available.

The Board reached consensus to authorize the Chairman to send a letter to the School Board advising of the County Commission's support to participate in building a habitat home for a needy Brevard County family.

RESOLUTION, RE: RECOGNIZING MEMORIAL DAY AS A DAY OF REMEMBRANCE

Commissioner Higgs read aloud a resolution commemorating May 28, 2001, as Memorial Day.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution commemorating May 28, 2001, as Memorial Day in Brevard County, to remember the departed service men and women and the country they gave their lives to serve. Motion carried and ordered unanimously.

Mr. Walsh, Chairman of Veterans Memorial Center, stated the Center is an organization of 66 other organizations with over 400 individual members; and expressed appreciation to the Board for the support it has given to the veterans of the nation, especially those who have given the ultimate sacrifice with their lives. He advised of various on-going projects, including a museum expansion, education program, helicopter display in front of the Veterans Memorial Center, and the antennae flagpole initiative.

Commissioner Higgs presented the Resolution to Mr. Walsh.

RESOLUTION, RE: PROCLAIMING INDEPENDENT LIVING WEEK

Commissioner Scarborough read aloud a resolution proclaiming May 19 through 25, 2001, as Independent Living Week in Brevard County.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution proclaiming May 19 through 25, 2001, as Independent Living Week in Brevard County, to pay tribute to TRIAD, Boeing, CSC, Lowe's, Childress & Charpentier, Florida State Guardianship Association, and Health First, and the volunteers involved in meeting the needs of senior citizens. Motion carried and ordered unanimously.

A representative of TRIAD stated Florida is both a tourist and retirement State; there is a high population of seniors here who are active and contribute to the quality of life for Florida citizens; TRIAD appreciates their input and contributions; and hopefully they will enhance the quality of life through home improvements and home surveys.

Ron Lareby, representing Boeing, stated Boeing believes in supporting the residents of Brevard County; and to assist the future of independent living, Boeing is pleased to present to TRIAD a check in the amount of $2,000.

Commissioner Scarborough presented the Resolution to the representative of TRIAD.

LARRY WEBER, RE: PRESENTATION OF KEEP BREVARD BEAUTIFUL AWARDS

Larry Weber, Executive Director of Keep Brevard Beautiful (KBB), introduced George Delitco of Waste Management; stated Mr. Delitco was this year's Trash Bash Chairman; and introduced Liz Melvin, volunteer coordinator. Mr. Weber thanked the Board for its support; stated Trash Bash was held on April 21, 2001 for a four-hour period; there were 2,733 volunteers who removed 127,094 pounds of litter from Brevard County; and KBB is proud of the volunteers and everybody involved in Trash Bash. He noted two major sponsors are Publix and Waste

LARRY WEBER, RE: PRESENTATION OF KEEP BREVARD BEAUTIFUL AWARD

Management; Waste Management sponsors a friendly competition among the Commission Districts; one of the competitions compares last year's results with this year's; and the District with the best level of improvement is awarded $500 to the charity of their choice.

Mr. Delitco presented a check in the amount of $500 to Chairman Carlson to give to her favorite charity. Mr. Weber stated Chairman Carlson had 494 volunteers and 16,400 pounds of trash, which is an 11% improvement over last year; the Pelly-can is awarded each year to the District with the best overall performance; and District 3 had the best results with 231 volunteers and 29,480 pounds of trash. He reiterated KBB appreciates the Board's support; stated Trash Bash is part of the Great American Cleanup; last year, KBB was awarded first place; and it is a concerted effort that KBB gets involved in. Mr. Weber stated the success of all the events are due to the fantastic volunteers.

Chairman Carlson stated it is a great program and she is glad for the participation; and expressed appreciation to everyone in her District and her staff. She noted she would like to give the $500 to Save the Beach, which is a non-profit group created over the last year to help preserve beachfront property; and such group has done an excellent job.

Commissioner Colon stated there is also the Adopt-a-road Program, which is year around.

BART HAGEMEYER, NATIONAL WEATHER SERVICE, RE: PRESENTATION OF STORM
READY AWARD

Bart Hagemeyer, meteorologist with the National Weather Service (NWS), introduced Scott Spratt, senior forecaster and hurricane program leader with NWS; stated about 90% of the Presidential Disaster Declarations in any given year are weather related; weather disasters kill hundreds of citizens across the country every year; and the NWS developed the Storm Ready Program to mitigate it. He noted such Program includes the NWS partner and Brevard County Emergency Management, to recognize those communities that go to extraordinary efforts to educate and prepare citizens for weather disasters and mitigate the impact of such disasters; and presented the first Storm Ready recognition to Brevard County. Mr. Hagemeyer stated the NWS has been working for many years with Bob Lay's professional people; Brevard County exemplifies what the Storm Ready Program is all about, which is improving the communications between all the agencies that prepare for disasters and the citizens at risk; and Brevard County is the first county in East Central Florida and one of the first counties in Florida to meet the criteria for this designation.

Emergency Management Director Bob Lay expressed appreciation to the Board as it has made this possible; stated there is a lengthy application process for such recognition; and it is because of the equipment provided, including weather alerting radios at the schools, nursing homes, and day care centers, and redundant communication systems that make it safer in Brevard County. He noted staff will make sure the signs get up around the community where everyone can see them.

BART HAGEMEYER, NATIONAL WEATHER SERVICE, RE: PRESENTATION OF STORM
READY AWARD

Chairman Carlson stated the Emergency Management Department communicates well, and the Emergency Operations Center (EOC) is professionally run by Mr. Lay. She stated she has been a part of the Local Mitigation Strategy Committee since she has been on the Board; it is apparent that the County is trying hard to be ready for the next storm; and the Board appreciates all the hard work.

RESOLUTION, RE: PROCLAIMING NATIONAL BEACH SAFETY WEEK

Public Safety Director Jack Parker introduced Lifeguard Supervisor Wyatt Werneth and Acting Community Safety Services Manager Stan Lender.

Commissioner O'Brien read aloud a resolution proclaiming May 21 through 28, 2001, as National Beach Safety Week.

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to adopt Resolution proclaiming May 21 through 28, 2001, as National Beach Safety Week, and expressing appreciation to the professional lifeguards for their life-saving techniques in protecting Brevard County citizens and tourists. Motion carried and ordered unanimously.

Mr. Parker stated the County is proud of its lifeguard corps; they have saved over 25 people so far this season; and Brevard County appreciates the hard work of the lifeguards and Mr. Werneth.

Commissioner O'Brien presented the Resolution to Mr. Werneth.

RESOLUTION, RE: PROCLAIMING FLORIDA WOMEN IN GOVERNMENT, INC. WEEK

Commissioner Higgs read aloud a resolution proclaiming the week of June 18, 2001, as Florida Women in Government, Inc. Week.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution proclaiming the week of June 18, 2001, as Florida Women in Government, Inc. Week in recognition of the many members who provide information and encouragement for the future success of all government employees. Motion carried and ordered unanimously.

Pam Shoemaker, Recycling Coordinator for Brevard County, stated she has been a member of Florida Women in Government, Inc. since 1984; the event this year will be held June 20 through 24, 2001, at the Cocoa Beach Holiday Inn; and introduced the Co-chair for the event, Judy Amos, of Housing and Human Services Department. Ms. Shoemaker expressed appreciation to the Board for its continued support; stated Florida Women in Government, Inc. has awarded more than 112 scholarships to members and their families who are pursuing governmental careers; the conference is open to all the people in the public and private sector; and invited everyone to attend the 38th Annual Conference for an enriching and educational experience. Ms. Amos presented coffee mugs to the Board members.

Commissioner Higgs presented the Resolution to Ms. Shoemaker and Ms. Amos.

RESOLUTION, RE: PROCLAIMING PROJECT IMPACT WEEK

Chairman Carlson passed the gavel to Vice Chairman Scarborough.

Commissioner Carlson read aloud a resolution proclaiming May 20 through 26, 2001, as Project Impact Week in Brevard County.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to adopt Resolution proclaiming May 20 through 26, 2001, as Project Impact Week in Brevard County, and encouraging all municipalities to continue their active roles in protecting their communities. Motion carried and ordered unanimously.

Emergency Management Director Bob Lay introduced Mary Bolin, Coordinator for Project Impact; stated the Program will do a lot of good things for the community; and the County is glad to have Ms. Bolin heading up the project. Ms. Bolin stated she is proud of Brevard County; even though it has just started implementing the Program, the response between businesses, municipalities, and individuals has been overwhelming; they are all dedicated to the one goal of creating disaster resistant communities; and a lot of it is due to the Board's support. She noted everyone knows they cannot control the weather, but it can help, in a common goal, to prevent the damage.

Commissioner Carlson expressed appreciation to Bob Lay and Mary Bolin; and presented the Resolution to them.

Vice Chairman Scarborough passed the gavel to Chairman Carlson.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE REQUIRING
BUFFERS ALONG RESIDENTIAL SUBDIVISIONS

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to grant permission to advertise a public hearing to consider an ordinance providing general design requirements and standards for perimeter buffers in residential subdivisions. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE SETTING FORTH
REQUIREMENTS FOR FLOOD PROTECTION

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to grant permission to advertise a public hearing to consider an ordinance providing specific standards and requiring the lowest horizontal structural member to be elevated to or above the base flood elevation level. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT FOR SUNSET LAKES, PHASE VIII

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution releasing Contract dated March 6, 2001 with Deerfield Grove Partnership for improvements in Sunset Lakes, Phase VIII. Motion carried and ordered unanimously.

CONTRACT WITH VERONICA ESTATES DEVELOPMENT, INC., RE: IMPROVEMENTS
IN VERONICA ESTATES, PHASE I

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Contract with Veronica Estates Development, Inc. guaranteeing improvements in Veronica Estates, Phase I. Motion carried and ordered unanimously.

CONTRACT WITH THE VIERA COMPANY, RE: IMPROVEMENTS IN STAR RUSH DRIVE
RIGHT-OF-WAY

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Contract with The Viera Company guaranteeing improvements in Star Rush Drive Right-of-way. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT FOR BAYTREE, PHASE 2, STAGE 2,
ARUNDEL SUBDIVISION

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution releasing the Contract dated November 14, 2000 with Baytree Development Joint Venture for improvements in Baytree, Phase 2, Stage 2, Arundel Subdivision. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH CRAIG A. PUTNAM, RE: TOBY AVENUE,
EXTENSION C

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Unpaved Road Agreement with Craig A. Putnam to construct a road in the existing County right-of-way of

Toby Avenue, Extension C, subject to minor engineering changes as applicable. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH PAUL F. HALLORAN, RE: LAURENS AVENUE

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Unpaved Road Agreement with Paul F. Halloran to construct a road in the existing County right-of-way of Laurens Avenue. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH LESLIE DeLISA, RE: PARSLEY AVENUE

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Unpaved Road Agreement with Leslie DeLisa to construct a road in the existing County right-of-way of Parsley Avenue. Motion carried and ordered unanimously.

REQUEST FOR WAIVER OF TIME AND FEE FOR ZONING REAPPLICATION, RE:
ROGER AND MARY GARRETT

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to waive time and fee for Roger and Mary Garrett to reapply for rezoning of their property on Virginia Avenue to BU-1 instead of BU-2. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF ORDINANCE FROM CITY OF ROCKLEDGE, RE:
ANNEXATION OF PROPERTY ALONG FISKE BOULEVARD

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to acknowledge receipt of Ordinance from the City of Rockledge annexing approximately 80 acres along Fiske Boulevard, north of Barnes Boulevard, found to be consistent with Chapter 171, Florida Statutes. Motion carried and ordered unanimously.

AUTHORIZE SUBMISSION, RE: PROJECT PRIORITIES TO BREVARD MPO

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to authorize the Transportation Planning Director to submit the following project priorities to the Brevard MPO for preliminary consideration: Palm Bay Road, from Minton to Conlan; Babcock Street, from U.S. 192 to Hibiscus; Babcock Street, from Valkaria to Malabar; Wickham Road; Nasa/Ellis Intersection; Palm Bay Parkway; Malabar - U.S. 192/I-95; and Max Brewer Bridge. Motion carried and ordered unanimously.

AUTHORIZE MUNICIPAL REVIEW AND FINAL REVIEW, RE: LOCAL OPTION GAS
TAX PERCENTAGE ALLOCATIONS

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct the Clerk to the Board to mail a copy of the Local Option Gas Tax percentage allocations to each municipality for review, pursuant to the Interlocal Agreement; and direct staff to schedule the final review of the allocations at the July 10, 2001 Board meeting. Motion carried and ordered unanimously.

TASK ORDER NO. 98-004-13 WITH BRPH ARCHITECTS/ENGINEERS, INC., RE: DESIGN
OF DRAINAGE IMPROVEMENTS ALONG POST ROAD AND TURTLEMOUND ROAD

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Task Order No. 98-004-13 with Briel, Rhame, Poynter & Houser, Inc. to provide design services for drainage improvements along Post Road and Turtlemound Road. Motion carried and ordered unanimously.

TASK ORDER NO. 98-002-11 WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC., RE:
DESIGN OF DRAINAGE IMPROVEMENTS IN UPPER EAU GALLIE DRAINAGE BASIN

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Task Order No. 98-002-11 with Post, Buckley, Schuh & Jernigan, Inc. to provide design services for drainage improvements in the Upper Eau Gallie Drainage Basin. Motion carried and ordered unanimously.

AUTHORIZATION, RE: PAVING OF PORTION OF FOLSOM ROAD AND CONSTRUCTION
OF WATERLINE BY ROAD AND BRIDGE

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to authorize Road and Bridge to pave 2,100 feet of Folsom Road, and to construct a waterline, with all associated costs being paid by Millennium Development of Titusville, developer of Walkabout Community Development District. Motion carried and ordered unanimously.

MODIFICATION NO. 1 TO AGREEMENT WITH DEPARTMENT OF COMMUNITY AFFAIRS,
RE: EXTENDING PARKWAY DRIVE OUTFALL PROJECT GRANT

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Modification No. 1 extending the Hazard Mitigation Grant Agreement No. 99HM-6E-06-15-15-002 with Florida Department of Community Affairs to December 31, 2001 to construct the final segment of the Parkway Drive Outfall Project. Motion carried and ordered unanimously.

COST SHARE AGREEMENT WITH SURFRIDER FOUNDATION, SEBASTIAN INLET
CHAPTER, RE: BEACH WATER QUALITY MONITORING

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Cost Share Agreement with Surfrider Foundation Sebastian Inlet Chapter for partial funding of a beach water quality-monitoring program. Motion carried and ordered unanimously.

RESOLUTION, RE: CANCELING TAXES ON PROPERTIES ACQUIRED FOR ROAD
RIGHTS-OF-WAY AND MSBU DEFAULT

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution canceling taxes on properties acquired by the County for road rights-of-way and foreclosures on MSBU assessments. Motion carried and ordered unanimously.

LEASE AGREEMENT WITH EIG BYRD PLAZA, LLC, RE: SPACE FOR COUNTY
PUBLIC HEALTH DEPARTMENT

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Lease Agreement with EIG Byrd Plaza, LLC, for office space at Byrd Plaza for the County Public Health Department. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS AND APPOINT SELECTION
COMMITTEE, RE: AVAILABILITY OF FY 2001-2002 AND 2002-2003 SHIP FUNDS
FOR LAND ACQUISITION FOR AFFORDABLE HOUSING

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to grant permission to advertise availability of State Housing Initiatives Partnership Program (SHIP) funds for land acquisition for affordable housing program to be submitted by not-for-profit and for-profit agencies using the request for proposals package; and appoint the Affordable Housing Council as the Selection Committee to review and rank the submitted proposals and make funding recommendations to the Board. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS AND APPOINT SELECTION
COMMITTEE, RE: AVAILABILITY OF FY 2001-2002 SHIP FUNDS FOR
TRANSITIONAL YOUTH SHELTER

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to grant permission to advertise availability of State Housing Initiatives Partnership Program (SHIP) funds for construction or acquisition of a transitional youth shelter to be submitted by not-for-profit and for-profit agencies using the request for proposals package; and appoint the Affordable Housing

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS AND APPOINT SELECTION
COMMITTEE, RE: AVAILABILITY OF FY 2001-2002 SHIP FUNDS FOR
TRANSITIONAL YOUTH SHELTER

Council as the Selection Committee to review and rank the submitted projects and make funding recommendations to the Board. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS AND APPOINT SELECTION
COMMITTEE, RE: AVAILABILITY OF FY 2001-2002 AND 2002-2003 SHIP FUNDS
FOR AFFORDABLE ELDERLY RENTAL HOUSING

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to grant permission to advertise availability of State Housing Initiatives Partnership Program (SHIP) funds and HOME HUD funds for acquisition and construction or rehabilitation of affordable elderly rental housing to be submitted by not-for-profit and for-profit agencies using the request for proposals package; and appoint the Affordable Housing Council as the Selection Committee to review and rank the submitted projects and make funding recommendations to the Board. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH CITY OF ROCKLEDGE, RE: SANTA ROSA DRIVE,
SHEPARD PARK COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Amendment to Agreement with the City of Rockledge, providing $22,064 to complete the Santa Rosa Drive, Shepard Park Rockledge Project; and authorize the Chairman to execute other necessary follow-up amendments or additions, subject to approval by Risk Management and the County Attorney. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH DEPARTMENT OF COMMUNITY AFFAIRS, RE:
PROJECT IMPACT DISASTER MITIGATION PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Amendment to Agreement with Department of Community Affairs for an additional $70,000 in disaster mitigation funds to assist low-income households; and authorize the Chairman to execute other necessary follow-up amendments or additions, subject to approval by Risk Management and the County Attorney. Motion carried and ordered unanimously.

AGREEMENT WITH SPACE COAST EARLY INTERVENTION CENTER, INC., RE: USE
OF THERAPEUTIC PLAYGROUND

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Agreement with Space Coast Early Intervention Center, Inc. for use of its therapeutic playground on the weekends by the public. Motion carried and ordered unanimously.

AUTHORIZE PAYMENT TO JOHN BROWN AND SONS, INC., RE: INVASIVE
PLANT REMOVAL WITHIN THE SOUTH BEACH REGIONAL MANAGEMENT
AREA

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to authorize payment of $38,000 from EEL funds to John Brown and Sons, Inc. for removal of invasive plants in the South Beach Regional Management Area, with the EEL's Program being reimbursed by the Florida Bureau of Invasive Plant Management. Motion carried and ordered unanimously.

RESOLUTION, GRANT AGREEMENT WITH FISH AND WILDLIFE CONSERVATION
COMMISSION, AND BUDGET CHANGE REQUEST, RE: LEE WENNER PARK
BOATING IMPROVEMENTS

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution authorizing grant application to Florida Fish and Wildlife Conservation Commission for $100,000
towards the construction of boating improvements at Lee Wenner Park; authorize the Parks and Recreation Director to execute the Grant Agreement; approve Budget Change Requests to establish a project account; and approve a temporary loan from the General Fund if the grant is approved. Motion carried and ordered unanimously.

AMENDMENTS TO OPTION AGREEMENTS FOR SALE AND PURCHASE WITH
BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND, RE:
MALABAR SCRUB SANCTUARY PROPERTIES

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Amendments to Agreements for Sale and Purchase with the Board of Trustees of the Internal Improvement Trust Fund (IITF), correcting the legal descriptions of the RTC, Smiley, and two Denius properties that comprise the Malabar Scrub Sanctuary. Motion carried and ordered unanimously.

EASEMENTS TO FLORIDA POWER & LIGHT COMPANY, RE: MALABAR SCRUB'S
RESOLUTION TRUST CORPORATION PROPERTY

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Easements to Florida Power & Light Company on the RTC property located in the Malabar Scrub Sanctuary for three areas where utility lines and poles encroach on the property. Motion carried and ordered unanimously.

INTERLOCAL AGREEMENT WITH CITY OF ROCKLEDGE, RE: DEVELOPMENT AND
CONSTRUCTION OF COMMUNITY PARK OF ROCKLEDGE

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Interlocal Agreement with City of Rockledge for the County to provide $200,000 from the Parks and Recreation Central Area Mainland Service Sector Budget for development and construction of Community Park of Rockledge. Motion carried and ordered unanimously.

RESOLUTION AND AMENDMENT TO EASEMENT DEED WITH CITY OF PALM BAY, RE:
ADDITIONAL USE OF DRAINAGE EASEMENT ON MALABAR SCRUB SANCTUARY

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution and execute Amendment to Easement Deed with the City of Palm Bay, authorizing additional uses of the drainage easement in Malabar Scrub Sanctuary to include access for persons with disabilities, hiking, biking, equestrian and roller-blading. Motion carried and ordered unanimously.

MANAGEMENT AGREEMENTS WITH BOARD OF TRUSTEES OF INTERNAL
IMPROVEMENT TRUST FUND, ST. JOHNS RIVER WATER MANAGEMENT
DISTRICT, AND THE NATURE CONSERVANCY, RE: SOUTH BEACH
COMMUNITY PARK REFERENDUM PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to authorize the Parks and Recreation Director to work with the Board of Trustees of the Internal Improvement Trust Fund (IITF), St. Johns River Water Management District, and The Nature Conservancy, to determine the best approach in managing the grapefruit groves located on lands being purchased for the South Beach Community Park Referendum Project; and authorize the Parks and Recreation Director to execute appropriate management agreements, subject to review and approval by the County Attorney and Risk Management. Motion carried and ordered unanimously.

APPROVE CONTRIBUTIONS TO CITY OF MELBOURNE, CITY OF PALM BAY,
THUNDER OVER THE RIVER FOR PORT ST. JOHN, AND TITUSVILLE JUNIOR
CHAMBER OF COMMERCE, RE: FOURTH OF JULY FIREWORKS DISPLAY

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve contributions of $1,000 each for Fourth of July Fireworks Displays to the City of Melbourne, City of Palm Bay, Thunder Over the Indian River for Port St. John, and Titusville Junior Chamber of Commerce from North and South Areas Operations Funds. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, APPOINT SELECTION
AND NEGOTIATING COMMITTEES, AND AUTHORIZE BID, AWARD OF BID,
AND EXECUTION OF CONTRACT, RE: CONSTRUCTION OF WELL SITES
THROUGHOUT COUNTY AS REQUIRED BY EL NINO DISASTER RECOVERY CDBG

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to grant permission to advertise Request for Proposals for architectural and engineering services for construction of multiple well sites throughout the County as required by El Nino Disaster Recovery Community Development Block Grant (CDBG); appoint William Farmer, Richard Martens and Craig Simmons or their designees to the Selection and Negotiating Committees; and grant permission to bid construction of the well sites once the design has been completed, award the bid to the lowest qualified bidder, and authorize the Chairman to execute the Contract with the successful bidder. Motion carried and ordered unanimously.

RESOLUTION AND GRANT APPLICATION, RE: FY 2002 SCAT CAPITAL AND
OPERATING ASSISTANCE GRANTS

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution authorizing grant application to the Federal Transit Administration for $2,738,399 for SCAT capital and operating assistance for FY 2002; authorize the Chairman to sign the standard grant
agreement upon approval by the County Attorney and Risk Management; and approve the use of toll revenue credit. Motion carried and ordered unanimously.

RESOLUTION, GRANT APPLICATION, STANDARD ASSURANCE FORM, AND
AGREEMENT, RE: TRANSPORTATION DISADVANTAGED PROGRAM FOR
FY 2001-2002

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution authorizing a grip and equipment grant application and standard assurance form with Florida Commission for the Transportation Disadvantaged for $768,367 in TD trust funds and $4,630 for Brevard's share of the volunteer dollars from license plate sales to fund the Brevard Transportation Disadvantaged Program; authorize the use of Local Option Gas Tax; and authorize the Chairman to execute the grant agreement upon approval by the County Attorney and Risk Management. Motion carried and ordered unanimously.

REVISED POLICY BCC-71, RE: FUNDING FOR SPACE COAST AREA TRANSIT
SPECIAL TRIPS

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Revised Policy BCC-71, Funding for SCAT Special Trips, to incorporate language referring to federal regulations. Motion carried and ordered unanimously.

EASEMENT AGREEMENT WITH DONALD FOLEY, RE: ELECTRICAL POWER FOR PUMP

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Easement Agreement with Donald Foley to allow installation of an electrical pump on a mosquito impoundment in Melbourne Beach and allow electrical costs to be shared by the Mosquito Control Department and Mr. Foley. Motion carried and ordered unanimously.

AMENDMENT NO. 1 TO AGREEMENT WITH FISH AND WILDLIFE CONSERVATION
COMMISSION AND BUDGET CHANGE REQUEST, RE: INSTALLATION OF
BOATING SAFETY KIOSKS

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Amendment No. 1 to Agreement with Fish and Wildlife Conservation Commission for installation
of twelve boating safety kiosks after changes to manatee speed zones are made, extending the timeframe of the Agreement to November 30, 2001 and increasing amount by $270. Motion carried and ordered unanimously.

LETTER OF APPRECIATION TO CANAVERAL PORT AUTHORITY, RE: ASSISTANCE
IN SHORE PROTECTION PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute a letter of appreciation to the Canaveral Port Authority for its assistance in the Shore Protection Project. Motion carried and ordered unanimously.

RESOLUTION OF NECESSITY AND AUTHORIZATION TO FILE SUIT, RE:
CONDEMNATION OF EASEMENTS FOR PHASE II OF SHORE PROTECTION
PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution of Necessity and authorize the County Attorney's Office to file suit to condemn necessary easements for the placement of sand in Phase II of the Shore Protection Project, if voluntary acquisition fails. Motion carried and ordered unanimously.

AMENDMENTS TO INTERLOCAL AGREEMENTS WITH MUNICIPALITIES, RE: DISASTER
DEBRIS CLEAN-UP

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Amendments to Interlocal Agreements with Cape Canaveral, Cocoa, Cocoa Beach, Indialantic, Indian Harbour Beach, Rockledge, Palm Bay, Palm Shores, Malabar, Melbourne, Melbourne Beach, Melbourne Village, Satellite Beach, West Melbourne, and Titusville for clean-up of debris following a disaster event. Motion carried and ordered unanimously.

AWARD OF BID #B-5-01-26 AND CONTRACT WITH SPEEGLE CONSTRUCTION II, INC.,
RE: SOUTH BEACHES REUSE STORAGE TANK AND BOOSTER PUMP STATION

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to award Bid #B-5-01-26, South Beaches Reuse Storage Tank and Booster Pump Station, to Speegle Construction II, Inc.; and authorize the Chairman to execute the Contract with Speegle Construction II, Inc. at a total price of $1,138,000. Motion carried and ordered unanimously.

APPROVE INSTALLATION PAYMENT PLAN FOR WINDSONG OF BREVARD
CONDOMINIUM, RE: WASTEWATER CONNECTION CHARGES

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to authorize a 24-month installment payment plan for wastewater connection charges for Windsong of Brevard Condominium, Inc. Motion carried and ordered unanimously.

PERMISSION TO AWARD BID AND EXECUTE CONTRACT, RE: B-6 LIFT STATION
AND FORCE MAIN MODIFICATIONS

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to grant permission to award a contract to the lowest most responsive bidder for B-6 Lift Station and Force Main modifications; and authorize the Chairman to execute a Contract with the successful bidder. Motion carried and ordered unanimously.

REJECT ALL BIDS FOR BID #B-4-01-45 AND GRANT PERMISSION TO RE-SOLICIT BIDS,
AWARD BID, AND EXECUTE CONTRACT, RE: HOUSEHOLD HAZARDOUS WASTE
COLLECTION AND DISPOSAL

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to reject all bids submitted for Bid #B-4-01-45, Household Hazardous Waste Collection and Disposal; grant permission to re-solicit bids and award to lowest responsive/responsible bidder for the service; and authorize the Chairman to execute the Contract with the successful bidder. Motion carried and ordered unanimously.

BOND RESOLUTION AND PUBLICATION OF SUMMARY NOTICE OF SALE AND
PRELIMINARY OFFICIAL STATEMENT, RE: REFINANCING OF FOURTH-
CENT TOURIST DEVELOPMENT TAX PROJECT BONDS

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution of Brevard County, Florida, providing for the issuance of not exceeding $8,000,000 aggregate principal amount of Fourth-cent Tourist Development Tax Revenue Refunding Bonds, Series 2001 (Florida Marlins Spring Training Facility), of the County to finance the cost of the refunding of all of the County's outstanding Fourth-cent Tourist Development Tax Revenue Bonds, Series 1993 (Florida Marlins Spring Training Facility); pledging the moneys received by the County from the Fourth-cent Tourist Development Tax to secure payment of the principal of and interest on the Bonds; providing for the rights, security, and remedies of the registered owners of such Bonds; providing for the sale of such Bonds at public sale; providing for the delegated award thereof; accepting the commitments of the bond insurer for a municipal bond new issue insurance policy and a municipal bond debt service reserve fund insurance policy; approving the form of the Preliminary Official Statement for the Bonds; authorizing the Director of Finance to deem final the Preliminary Official Statement in compliance with Sec Rule 15C2-12; providing for the delivery of the Final Official Statement; authorizing an undertaking to providing continuing disclosure with respect to the Bonds; and providing an effective date. Motion carried and ordered unanimously.

APPOINTMENT, RE: $12.50 SURCHARGE ADVISORY COMMITTEE

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to appoint Fire Chief Rick Allen with the Rockledge Fire Department as Member-at-large to the $12.50 Surcharge Committee, for a two-year term, replacing Chief Dan Rocque. Motion carried and ordered unanimously.

APPROVE PURCHASE OF EQUIPMENT AND SERVICES, RE: UPGRADE OF 800 MHz
INTERGOVERNMENTAL RADIO SYSTEM

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve purchase from Communications International, Inc. of a microwave radio system to replace the system at Grant at $60,000, and upgrade of the Countywide radio system by installation of a Node Interface Module capability at $300,000. Motion carried and ordered unanimously.

REVISED POLICY BCC-08, RE: EDUCATIONAL ASSISTANCE PROGRAM AND
LICENSING FEE REIMBURSEMENT PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Revised Policy BCC-08, Educational Assistance Program and Licensing Fee Reimbursement Program, as amended to delete quarterly and semester maximums and add an annual fiscal year maximum, and increase the pass/fail rate from 50% reimbursement to 100% reimbursement, up to the annual maximum, for successfully completing pass/fail coursework. Motion carried and ordered unanimously.

REVISED POLICY BCC-69, RE: EMPLOYEE INNOVATIONS PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Revised Policy BCC-69, as amended to allow procedural items to be moved to the corresponding Administrative Order where procedural matters are addressed. Motion carried and ordered unanimously.

APPROVAL OF NEGOTIATED SETTLEMENT OF WORKERS' COMPENSATION CLAIM,
RE: LAURIE STEALEY

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve the negotiated settlement of the Workers' Compensation claim of Laurie Stealey for $200,000. Motion carried and ordered unanimously.

MEMORANDUM OF UNDERSTANDING AND APPOINTMENT OF MEMBERS, RE:
BREVARD WORKFORCE DEVELOPMENT BOARD, INC.

Commissioner Higgs advised she will abstain from voting on the item.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Memorandum of Understanding required by the Workforce Investment Act; appoint Laura Baxley, Gail Schuenaman, Dr. Lynn Weaver, Fran Baer, Amos Stevens-Singleton, James Dwight, and Mike Menyhart to the Workforce Development Board with term of appointment from July 1, 2001 to June 30, 2003; and appoint Mike Butcho, Dr. Thomas Gamble, Dr. Richard DiPatri, Don Lusk, Bob Morin, Karl Thompson, Ann Ford, Kenneth Pinson, Rose Thron and Dayle Olsen to such Board with term of appointment from July 1, 2001 to June 30, 2004. Motion carried and ordered; Commissioner Higgs abstained.

APPOINTMENT, RE: SUNTREE/VIERA PUBLIC LIBRARY ADVISORY BOARD

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to appoint William Johnson to the Suntree/Viera Public Library Advisory Board replacing Jim Peterman, with term of appointment expiring December 31, 2001. Motion carried and ordered unanimously.

CONTRACT WITH FLORIDA DEPARTMENT OF REVENUE, RE: REIMBURSEMENT FOR
CHILD SUPPORT ENFORCEMENT

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Contract with State of Florida, Department of Revenue, Child Support Enforcement, for reimbursement for Child Support Enforcement personnel and related office expenses from July 1, 2001 through June 30, 2002, in an amount up to $40,222.84. Motion carried and ordered unanimously.

ACKNOWLEDGE FINANCIAL REPORTS, RE: CANAVERAL PORT AUTHORITY AND
FLORIDA INLAND NAVIGATION DISTRICT

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to acknowledge receipt of financial reports from Canaveral Port Authority and Florida Inland Navigation District for fiscal year ended September 30, 2000. Motion carried and ordered unanimously.

ACKNOWLEDGE, RE: BREVARD COUNTY COMPREHENSIVE ANNUAL FINANCIAL
REPORT AND CITIZENS FINANCIAL REPORT FOR FY ENDED SEPTEMBER
30, 2000

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to acknowledge receipt of Brevard County Comprehensive Annual Financial Report and Citizens Financial Report for fiscal year ended September 30, 2000. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve the bills and budget changes. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENT IN NORTH PORT ST. JOHN, UNIT ONE - JOSEPH A. MILLER

Chairman Carlson called for the public hearing to consider resolution vacating public utility and drainage easement in North Port St. John, Unit One, as petitioned by Joseph A. Miller.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution vacating public utility and drainage easement in North Port St. John, Unit One, as petitioned by Joseph A. Miller. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC MAINTENANCE EASEMENT
AND PUBLIC UTILITY AND DRAINAGE EASEMENT IN ROBINSWOOD
SUBDIVISION - CHARLES P. AND HELEN J. FOWLER

Chairman Carlson called for the public hearing to consider resolution vacating public maintenance easement and public utility and drainage easement in Robinswood Subdivision, as petitioned by Charles P. and Helen J. Fowler.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution vacating public maintenance easement and public utility and drainage easement in Robinswood Subdivision, as petitioned by Charles P. and Helen J. Fowler. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN
BAREFOOT BAY, UNIT ONE - BAREFOOT BAY REALTY, INC.

Chairman Carlson called for the public hearing to consider resolution vacating public utility easements in Barefoot Bay, Unit One, as petitioned by Barefoot Bay Realty, Inc.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution vacating public utility easements in Barefoot Bay, Unit One, as petitioned by Barefoot Bay Realty, Inc. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENTS IN EAST HILLS, UNIT TWO - ROBERT AND SALLY HUTCHISON

Chairman Carlson called for the public hearing to consider a resolution vacating public utility and drainage easements in East Hills, Unit Two, as petitioned by Robert and Sally Hutchison.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution vacating public utility and drainage easements in East Hills, Unit Two, as petitioned by Robert and Sally Hutchison. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY DEED IN
DARDONVILLE SUBDIVISION - INDIAN COVE MARINA, INC.

Chairman Carlson called for the public hearing to consider resolution vacating Right-of-way Deed in Dardonville Subdivision, as petitioned by Indian Cove Marina, Inc.

There being no comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Colon, to adopt Resolution vacating Right-of-way Deed in Dardonville Subdivision, as petitioned by Indian Cove Marina, Inc. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN AVON-BY-THE
SEA - CAPE HACIENDA CONDOMINIUM ASSOCIATION

Chairman Carlson called for the public hearing to consider a resolution vacating right-of-way in Avon-By-The-Sea, as petitioned by Cape Hacienda Condominium Association.

The Board acknowledged receipt of a letter from Cape Hacienda Condominium Association representative Willard Shaffer withdrawing the petition to vacate a right-of-way in Avon-By-The-Sea, as they have been unable to resolve the issues with the City of Cocoa Beach.

PUBLIC HEARING, RE: RESOLUTION OF CONSENT TO TRANSFER CONTROL FOR
NON-EXCLUSIVE CABLE TELEVISION FRANCHISE FROM CHARTER TO AT&T

Chairman Carlson called for the public hearing to consider resolution of consent to transfer control for non-exclusive cable television franchise from Charter to AT&T.

There being no comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Colon, to adopt Resolution of Consent to transfer control for non-exclusive cable television franchise of Charter Communications, Inc. to AT&T to provide a state-of-the-art system. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING MINIMUM SITE SIZE IN PUD ZONING
CLASSIFICATION WITHIN MERRITT ISLAND REDEVELOPMENT AREA

Chairman Carlson called for the public hearing to consider an ordinance amending minimum site size in PUD zoning classification within the Merritt Island Redevelopment Area.

Zoning Official Rick Enos stated this is a request by the Merritt Island Redevelopment Agency (MIRA) to reduce the size of Planned Unit Developments (PUD's) within the MIRA area from 10 acres to seven acres; and it was approved by the Local Planning Agency (LPA) with no objections.

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Higgs, to adopt Ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; amending Section 62-1446 by reducing minimum PUD size 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 of Ordinances. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: REQUEST FOR DETERMINATION OF VESTED RIGHTS FOR
GERALD R. LASCHOBER

Chairman Carlson called for the public hearing to consider request for determination of vested rights for Gerald R. Laschober.

Attorney Kenneth Crooks, representing Gerald Laschober, stated the property is triangular-shaped and surrounded by three roads; it is located at the corner of S.R. 520 and S.R. 524; about two years ago the property was rezoned from AU to BU-1 in order to develop it; and his client did not purchase the property until after the rezoning occurred. He noted Mr. Laschober began to develop his plans for the property; in September, 2000, he did a walk-through for environmental purposes with the Office of Natural Resources Management; it was determined such Office could not approve the site plan that was being suggested as a result of a change in the Comprehensive Plan that was done by the Board and finally approved in September, 2000; and there was a question as to whether or not the commercially-zoned property was substantially surrounded by other commercially-zoned properties. Attorney Crooks stated since the property is in and of itself and takes up the entire area within three roads, there was no way to have any other properties adjacent to it; the Board established a standard by which commercially-zoned property could affect areas of environmentally-sensitive properties if there were commercially-zoned properties that touched this property on two sides prior to 1996; at the time of the walk-through, the applicant, the engineer, and Debbie Coles discussed the matter; and it was determined there was a problem. He noted there was a second meeting in November, 2000, at which alternatives were discussed with County staff; it was determined that if his client did things in a certain way to a certain degree, he could satisfy the Comprehensive Plan requirement relative to being substantially surrounded by commercially-zoned property; the intent of it was that he would split up the property, develop the properties on two sides first, and then go to the subject property which is at the point of the triangle between S.R. 520 and S.R. 524; and staff felt Mr. Laschober could satisfy the standard of substantially surrounded. Attorney Crooks stated neither the County or the applicant discussed or were aware of the 1996 time frame that the Ordinance applies to; some time between September and November, 2000, it is his client's position that Ms. Coles provided to him the sheet from the Ordinance that talks about substantially surrounded; unfortunately it is the definitional standard that is reflected in the reports, which does not include any references to a 1996 requirement for those properties that are adjacent to the subject property; and both sides were dealing with a situation and did not have all the facts when they were determining what they were going to do. He noted subsequent to the November, 2000 meeting, his client had the whole project re-engineered and received various permits, including St. Johns River Water Management District and Department of Environmental Protection (DEP) permits; he paid landscape permit and Department of Transportation (DOT) driveway permit fees; the package provided to the Board includes the various costs associated with the permit and engineering fees, and everything Mr. Laschober has paid for in reliance upon the County's position that if he did various things, he would satisfy the County's requirement; and in February, 2001, he received a letter from Ms. Coles, which said she and Mr. Laschober did not talk about this issue. Attorney Crooks stated during the meeting, staff indicated Mr. Laschober met the substantially surrounded definition due to the proposed commercial development that surrounded the area; therefore, the wetland could be impacted and the planned development could proceed; staff now admits they did not tell Mr. Laschober the whole story, that he could not develop the property, and could have never developed the property as commercial use under the circumstances; and the County filed the appeal on behalf of the applicant. He noted it is his client's position that the package presented to the Board reflects and satisfies the requirements for vested rights determination, which is basically that the County acted or omitted something when it did not tell Mr. Laschober about the 1996 requirement; and his client relied upon the statement by the County and expended funds. Attorney Crooks stated he has presented the evidence; Mr. Laschober is entitled to vested rights determination to develop the property and mitigate the impact on the wetland area, which he has done; and his client has gone to St. Johns River Water Management District and is in the process of purchasing 22 acres of property for over $40,000 to mitigate not only what he is developing, but also the small three-acre parcel at the tip of S.R. 520 and S.R. 524.

Planning and Zoning Director Mel Scott stated the initial walk-through is a casual opportunity for citizens to meet informally with staff and provide them with conceptual plans to get feedback on a particular proposal; in late September, 2000, Mr. Laschober had such walk-through; and it is staff's recollection that not only was Mr. Laschober informed of the definition of substantially-surrounded, but there was also discussion of the types of wetlands that Policy 5.2 of the Conservation Element, which contains the February 26, 1996 deadline, might contain. He stated if Mr. Laschober was informed completely of the Policy, which not only includes the definition of substantially-surrounded, but the date itself, then one of the tests he has to meet is the good faith proceeding. He noted having received the regulations and been denied of the concept plan in September, 2000, Mr. Laschober proceeded in November, 2000 and engaged in a conversation that only talked about the substantially-surrounded definition. He stated the point was raised about the property not being developable because of Policy 5.2 in the Conservation Element; it is the wetland that is in question and not the parcel; and the property has a great deal of uplands at its disposal that would be able to satisfy several commercial activities if it were designed to do so. Mr. Scott stated in his estimation, the vested rights events would start during the November 17, 2000 meeting where staff, Mr. Laschober, and Rodney Honeycutt were discussing the substantially-surrounded definition as it applies to Mr. Laschober's proposal, and conclude on February 12, 2001, when Mr. Laschober was informed in writing that the commercial site plan for the gas station could not satisfy those regulations; and fees incurred outside of that window may not qualify for reimbursement as many of those fees would have to be incurred regardless of development of the wetland.

Chairman Carlson stated it was mentioned that a copy of the conservation language was provided to Mr. Laschober; the applicant's presentation indicates in October, 2000, he came to the County to get a definition or detail on "substantially-surrounded"; and Mr. Laschober would not know what "substantially-surrounded" was unless he saw it in the context of conservation language, which means he would have had it in his hand before he came in and asked the question. She inquired how would Mr. Laschober have known about substantially-surrounded unless it was in the wetland language. Mr. Scott responded substantially-surrounded is a phrase used in Policy 5.2, but is defined in the glossary section; it is possible that someone could go to the glossary to find out what "substantially-surrounded" means; and it is a phrase used only in Policy 5.2 of the Conservation Element.

County Attorney Scott Knox advised the materials provided by the applicant states in bold print that no mention of the February 23, 1996 deadline by Debbie Coles and no paperwork was supplied to indicate that such deadline existed; and inquired is it an accurate statement to staff's recollection.

Natural Resources Section Supervisor Debbie Coles responded she recalls the initial walk-through meeting and read in detail Policy 5.2 that included substantially surrounded information, the date, all the criteria, the different flux codes that could not be impacted, and certain types of wetland habitats. Attorney Knox inquired does Ms. Coles recall giving Mr. Laschober a copy of Policy 5.2; with Ms. Coles responding she seldom does not give it to people, and recalls going over it.

Gerald Laschober, representing Laschober Construction, Inc., stated he was not present at the September, 2000 walk-through but Mr. Honeycutt was; there was an informal meeting in October, 2000, and he had questions; the Code had been changed since he purchased the property; Exhibit B in the booklet is the definition he was supplied; and the piece of paper he was supplied by Ms. Coles says, "Substantially surrounded means when a parcel of land is bordered on two sides by land developed as commercial or industrial. Such commercial or industrial development should abut the subject land and be on the same side of the road as the subject property." He noted it does not include the February 23, 1996 date; that is why he asked for the meeting in November, 2000 to figure out how he could substantially surround the property; and he had no idea that the February 23, 1996 deadline existed. Mr. Laschober stated the November 17, 2000 meeting was held with Mr. Scott, Ms. Coles, Mr. Honeycutt and himself; Mr. Scott suggested if the parcel adjacent to the property was split into two parcels, the substantially surrounded would be met if he developed that piece first; and it was agreed on and re-engineered based on that. He stated he relied on that and has continually gone to staff and Ms. Coles to ask for definitions; he has been misinformed and misguided throughout the process until February 12, 2001, when the February 23, 1996 deadline came up; and as to the whole parcel being developed and containing uplands, the piece he is referring to is the prime piece of the property.

Rodney Honeycutt, representing Honeycutt and Associates, Inc., stated during the walk-through in September, 2000, he did not receive a copy of the Comprehensive Plan or anything.

Commissioner Scarborough inquired does Mr. Honeycutt recall what services he performed after the November 17, 2000 meeting that would not have occurred, but for the comments made by staff in error. Mr. Honeycutt responded the services he provided including dividing the center parcel into two parcels and making a separate stormwater management tract; the west-most parcel had its own stormwater area; and he revised the whole site to drain to the new stormwater parcel.

Attorney Crooks stated the major point in regard to a factual issue is whether or not Ms. Coles and her staff provided to his client the Ordinance or something that indicated this date was important and they had to comply with it; the problem with it is that Ms. Coles does not remember giving Mr. Laschober the Ordinance and she has testified to that fact; his witnesses indicated they never received that information; and there are a couple of things that indicate his client is correct, including what was the need for the November, 2000 meeting if he could not develop the property in the first place, irrespective of what the circumstances were as it is one parcel that is surrounded by roads, so it could never have been substantially surrounded by commercial property prior to 1996, and there was no need to have the November, 2000 meeting. He stated the engineer asked for and received from Ms. Coles' office a copy of the Ordinance faxed to his office in March, 2001, after the letter that said staff was wrong and should have told Mr. Laschober about the 1996 standard and he cannot get an application approved under the circumstances. He stated his client would not have needed to do that if he already had a copy of the Ordinance; and it does not make any sense to think his client was going around spending money and doing things, asking for meetings, and getting permits for something he could not do. Attorney Crooks stated if his client had looked at the Ordinance that had come out a month prior to the issue arising, he would have known there was the 1996 issue and could not have gotten past it; and it does not make sense for his client to have acted in the fashion he did if he had known about the 1996 time element.

Commissioner Higgs stated a parcel of land that contains a wetland is not undevelopable; and if she owned a parcel of land after February, 1996, she could rezone the parcel but could not rezone the wetlands for commercial and industrial development. She stated if she had a parcel that was not 100% wetlands, she would develop a site plan and other ways of using the parcel, even if she could not use the wetlands; so there would have been a reason for somebody to proceed; with Ms. Coles responding that is correct.

Commissioner Scarborough stated when he was being briefed, Attorney Knox felt the applicant may have been acting in bad faith having had a prior meeting, and going into the November 17, 2000 meeting and not raising some inconsistencies. Attorney Knox stated the issue is whether the County can say that the applicant acted in good faith upon an act or omission that was undertaken by the County; that issue boils down to what Attorney Crooks identified, which is whether or not the Board accepts Ms. Coles' recollection that she did discuss the date with Messrs. Laschober and Honeycutt, or whether it accepts Mr. Laschober's testimony that he did not hear about that data. He stated if he knew about the date, the County has an issue of good faith and whether or not he acted in good faith at that point; and if he did not know about the date, then it may go a different way. Attorney Knox stated the Board needs to decide who is right about the date, which is really the issue; if it decides that Ms. Coles has the best recollection of having told Mr. Laschober the date, then it has one set of facts it needs to deal with; the issue there would be whether or not Mr. Laschober thereafter acted in good faith; and if the Board accepts Mr. Laschober's testimony that he did not know anything about the date until after February, 2001, then it can conclude that Mr. Laschober relied upon everything he had been told up to that point.

Chairman Carlson stated from listening to testimony and from the briefings, it is difficult to say who gave what to who; there are opposing comments, although on Attorney Crooks' side there are two witnesses that say nothing transpired as far as the date; a lot of information discussed was "substantially surrounded" and the definition of it; but what is clear is at the November, 2000 meeting, when staff members and Mr. Laschober got together and tried to figure out a way to deal with the "substantially surrounded" definition, neither party recognized the actual application of such definition; and that is where the error lies. She noted from staff's perspective, the date starting with the November, 2000 meeting through the February 12, 2001 letter is the time frame the Board needs to be dealing with; and if the Board chooses to allow vested rights on the issue, it should be between those two dates and the dollar amount should be further broken down on Mr. Honeycutt's side to make sure that any dollars that were spent were spent due to that omission. Commissioner Scarborough stated when he met with Mr. Scott, the letter that was sent to Mr. Laschober apologizes for the confusion; there is not any question that there was at the November 17, 2000 meeting a miscommunication; the County has good staff, but people are human; and concerning the issue of reliance, he is satisfied that there were services rendered. He noted the current bill does not have it, but Mr. Honeycutt has testified that it has taken place; the only question becomes should there have been some inquiry or discussion initiated by the applicant or Mr. Honeycutt at the November 17, 2000 meeting based on prior conversations; it did not occur; and the County may not be able to reconstruct the events completely enough to understand it. Commissioner Scarborough stated he is inclined to find that the criteria have been met.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to approve request for vested rights determination to allow Gerald R. Laschober to develop a wetland commercially contrary to Conservation Element Policy 5.2, Criteria F.3.a., which states that commercial development may occur within a wetland if the property is substantially surrounded by land(s) developed as commercial as of February 23, 1996. Motion carried and ordered unanimously.

The meeting recessed at 10:19 a.m. and reconvened at 10:33 a.m.

PRESENTATION AND REPORT BY MILLER, SELLEN, CONNER & WALSH, INC.,
RE: BREVARD CROSSINGS DEVELOPMENT OF REGIONAL IMPACT

Chris Jones, representing Miller, Sellen, Conner & Walsh, Inc., stated he is present to give the Board an overview on the findings of the commercial demand analysis conducted by the Company, including issues pertaining to regional and big box development within Brevard County, and demand and supply issues pertaining to existing and future development. He noted the central theme and issues surrounding the assessment were centered around concerns about the proposed Brevard Crossings Development of Regional Impact (DRI) in the City of Cocoa; the work program for the effort began with an assessment of Countywide demands for regional and super-regional retail shopping space; the Company also studied the demands for big box-type and power center retail; and it also provided an ancillary assessment in the analysis for hotel and motel market conditions within the County. Mr. Jones stated the Brevard Crossings DRI is a proposed multi-use commercially-based DRI that is a little under 269 acres located east of I-95/S.R. 524 Interchange; the development program shows that it would be anchored by a 1.1 million square-foot regional mall; and such program also includes parcels and land uses that would have big box retail, hotel, and cinema uses. He showed a slide presentation to the Board and audience, identifying the existing household shopper base, estimating the percentage of expenditures that would be generated from such households, projection of future household growth and regional and super-regional shopping expenditures from residents through the year 2015, estimates of supportable sales per square foot, estimates of current square footage supply of regional and super-regional centers, and projections of future square footage supply based on approved and proposed projects. Mr. Jones stated when there is a demand-based assessment, it can be compared to the supply side assessment to determine how much excess supply or demand there is in the market place today; and it helps to provide the basis for determining whether or not there are unmet needs within the County. He provided an overview of the Countywide demand and supply projections based on current household demand numbers and existing supplies of a regional space; stated there are four centers under current Urban Land Institute and National Research Bureau definitions for regional centers that are included in the assessment, which include Miracle City Mall, Florida Market Place, Melbourne Square Mall, and Merritt Square Mall; the supply of those four centers totals under 2.2 million square feet; and Brevard County has a current shortfall of 967,000 square feet of super-regional and regional retail demand.

Mr. Jones stated carrying forward the 967,677 estimate from today's snapshot to the year 2015 and using projections of future household growth from 2000 to 2015, gave an additional 848,000 square feet of demand that would be generated for this type of space within the County; he summed the two numbers and took out what is allocated now in terms of current plans for future supply, which is Viera Mall; and there is an incremental demand for 2000 to 2015 of 812,415 square feet. He noted there is enough demand within Brevard County right now to support a new mall; over the next 15 years, there will be additional demands created that could potentially support a second mall; as the Company assesses the functionality of the centers in terms of looking at things like current tenant usage, occupancy rates, and current retailing that reflects today's consumer preferences and purchases, the County only has two successfully-functioning regional centers in the County, which are Merritt Square and Melbourne Square Malls; and Miracle City Mall, Florida Market Place, and Searstown are fairly outdated and non-competitive centers in today's regional retailing market. Mr. Jones explained the power center and big box demand issues; stated currently Countywide there is a demand for approximately 3.85 million square feet of power center and big box space; it is compared with a supply of about 3.4 million square feet; and the current shortfall is under 450,000 square feet. He noted the projected growth from 2000 to 2015 would create a demand for an additional 391,000 square feet of power center and big box space; his Company submitted a draft report to the County; and staff accepted the general findings of such report. He explained how the Company estimated household income, its research on direct competition and estimates of competitive losses between Merritt Square Mall and Brevard Crossings based on their general proximity to one another, and the competitive trade area, which is defined in a north/south direction from Port St. John to Pineda Causeway, and in an east/west direction from Indian River to the Brevard/Orange County line. He stated the Company has defined census tracks, which are noted in the assessment and reflect the geographic boundaries; the current demand for regional and super-regional space in the trade area turned out to be over 1.3 million square feet; the demand is being supplied by Merritt Square now; and undertaking a number of assumptions and saying that Brevard Crossings would be developed in a traditional regional mall-type manner with a lot of similar tenants and store types, and based on the information that was provided by Jones, Lang, Lasale, his Company came to a conclusion that development beyond 500,000 square feet at Brevard Crossings might create some competitive issues with respect to the trade area. Mr. Jones stated the limiting factors of the conclusion would be that Brevard Crossings would be developed in a traditional regional/super-regional mall form, and a similar tenant and store mix would be in place. He provided an example of Waterford Lakes in Orange County which was approved as a regional mall site and had traditional approvals; stated the Oviedo Market Place Mall came on line a few years after those particular approvals took place; basically there were too many malls in too close of a location competing for the same market for another traditional regional mall to effectively compete; and the site was repositioned as a mega power center. He stated it is successful and has not impacted significantly the functional operations of the other two existing malls; and it is important to note, in the limiting assumptions that the Company is dealing with, some assessments cannot make perfect evaluations in terms of how the development is going to take place.

Mr. Jones stated his Company did the snapshot based on what is in the trade area today; it did not carry forward within the competitive trade area an estimate of future household growth in terms of how the incremental impact might affect Brevard Crossings and Merritt Square; the reason it did not do it is because it does not know exactly what point in time the Viera Mall is going to come on line; and based on its location and its potential capture of some certain markets, it may become somewhat of a player in the sum of this as well. He noted it begins to become a complicated assessment in terms of deciding who is going to pull from what and how accurate is the Company in its sub-area of projections of household growth from one census track or one development node to the next; those are the major limiting factors; the trade area could support new development, regional/super-regional up to about 500,000 square feet before there would be some competitive issues that would take place; Brevard Crossings is looking at about 1,001,000 square feet; and it equates to a trade area over supply of about 600,000 square feet. Mr. Jones stated the sales estimates are based on ULI and not actual center sales estimates; such estimates are conceptual; the Company cannot go as far as to say that Merritt Square Mall would fail if Brevard Crossings is developed in its current location as there are so many factors that play into how the center may develop and what else may occur there; but based on the trade areas that Merritt Square Mall has, and estimating where the trade areas are going to be for Brevard Crossings, there would be competitive issues if the malls are developed in a similar manner. He stated the overall study conclusions are that Brevard County can support one new mall today and another one by 2015; the older regional centers are not performing well and should be re-positioned if they have any hope of surviving in the market place; the proposed location of Brevard Crossings may create competitive issues with Merritt Square if it is positioned in a traditional regional mall fashion and if future growth in the competitive trade areas is flat; and the growth in this area has not occurred at as rapid of a rate as it has to the south in the Melbourne/Palm Bay areas; but future growth, if it is substantial within the market, could have some mitigating impacts on the assessment.

Commissioner Higgs stated the Company estimated a $71 million annual impact to Merritt Square Mall because of its market overlap; and inquired if it did any analysis of the impact on Melbourne Square Mall. Mr. Jones responded based on the general guidelines established by the Urban Land Institute for market area draw in terms of distance and drive time, his Company thought that Brevard Crossings would not directly compete with Melbourne Square Mall; Viera is probably going to compete more with Melbourne Square Mall; however, Viera can be supported.

Douglas Sphar, representing Sierra Club Turtle Coast Group, advised of objections concerning the development of Brevard Crossings due to wetlands, economic impacts, traffic congestion, road improvements necessitated by mall traffic, costs to County taxpayers for associated infrastructure and services, and blighted retail districts.

Jerry Sansom, representing the City of Cocoa, stated the City is still 100% committed to following through with the Brevard Crossings project; it is pleased to see that the County's economic analysis follows through with the analysis the proposed mall developer provided; and the analysis identifies the need for such mall in the northern half of Brevard County.

Janine Christian, representing Merritt Square Mall, stated in 1999 the Center did renovations to the interior and exterior, including new signage and landscaping; it is now starting to see some of the retailers come to the Center, as it is doing much better; Brevard Crossings will hurt Merritt Square Mall; and requested the Board consider that in its decision.

Discussion ensued concerning spending habits of different ages, using average household income as opposed to median income, retiree households, North Brevard residents shopping in Orlando, sales estimates, status of Brevard Crossings in terms of procedures and processes, presentation by Miller, Sellen, Conner & Walsh, Inc. to the City of Cocoa Council members, competitive issues, and trade areas.

Commissioner O'Brien stated the City of Cocoa and Merritt Island have spent millions of dollars in redevelopment due to blighted areas; the closed stores are an example of an economy that is still not strong enough; the study indicates that future community economic blight could reduce property values; people who say they want the mall need to remember what effect it may have on their property; and expressed concern of having closed stores in the community. He noted if Brevard Crossings goes in, it is obvious that S.R. 528 would have to be four-laned to accommodate the traffic; the deceleration lanes for I-95 coming off the mall would have to be extended and enlarged, as well as the entry lanes to I-95; a lot of problems are not being addressed; and a project of this magnitude could have a detrimental negative effect. Commissioner O'Brien stated Page 1 of the Executive Summary says, "The proposed location will likely create some competitive issues with the existing Merritt Square Mall. Brevard Crossings, in its proposed location, would result in the ultimate failure of Merritt Square. Conceptual estimates suggest a potential negative impact of $71.2 million annually to Merritt Square, with a full build-out of regional mall uses at Brevard Crossings." He noted Page 22 includes how many areas are effected; and states, "This includes the communities of Merritt Island, Cocoa, Cocoa Beach, Rockledge, Sharpes, Patrick Air Force Base, North Melbourne, Port St. John, and Cape Canaveral." He noted Brevard County is trying to get the communities back in shape after a terrible time back in the 70's and 80's; he is fearful of what this project could possibly do to all the communities that would be affected by the mall; and the money being spent on shopping is money people could be losing on the real value of their property.

Chairman Carlson stated there are some key issues that she has concerns about, the largest one being the infrastructure, and the ability from the County and State's perspective to upgrade facilities to meet demand in a timely fashion; there are already problems on I-95; it needs to be six-laned; and the County is looking at 2008 for it to start. She noted with that concept and the concept of potentially widening S.R. 528, it is going to reduce the quality of life considerably while waiting for those changes to occur if they are not planned in some fashion; she has issues concerning wetlands destruction, use of the Comprehensive Plan process that is being manipulated, and the negative impacts on existing retail establishments and existing DRI's in Viera that are being planned; and there is a lot of evidence that it needs to be taken slower than it is perceived. Chairman Carlson stated whether or not the Board has any control over the process is another thing.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to acknowledge oral presentation and written report by Miller, Sellen, Conner & Walsh, Inc. concerning the Brevard Crossings Development of Regional Impact; direct staff to send the report to Department of Community Affairs (DCA) and East Central Florida Regional Planning Council, with a cover letter from the Chairman indicating the Board's reservations, including the negative economic impacts on Merritt Square Mall and the surrounding communities; and direct staff to send the report, with a simple cover letter concerning demographics, to the Chambers of Commerce, Economic Development Commission, Port Canaveral, Melbourne, and Ti-Co Airports, and any other entities that should be aware of such report.

Commissioner Colon stated she would like to get feedback in regard to the issues with Valkaria and Palm Bay, and the status with DCA. Commissioner Scarborough noted the report speaks to market; there are tremendous concerns that, even if the mall was needed, is S.R. 524 the place where people should be exiting I-95 and S.R. 528; and the County needs to express that the document does not address it, but it needs to be addressed fully.

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

Planning and Zoning Director Mel Scott stated last week the City of Palm Bay received the objections, recommendations, and comments report from DCA; and it gives the City 60 to 90 days to respond and adopt the amendment if it chooses. Commissioner Higgs requested staff provide the information to the Board.

DISCUSSION, RE: BREVARD VETERANS COUNCIL RESOLUTION

Louis Rossi, representing Brevard Veterans Council, Inc., expressed appreciation to past State Representative Howard Futch for being here to support the Council; welcomed Commissioner Colon to the Board; and thanked Commissioner O'Brien for his support to the veterans. He stated the Council is present to discuss the future of Veterans Memorial Park; there is a proposal to build 13 high-rise buildings to the southwest of the Veterans Center; the property is approximately 48 acres; the number of units is 476; and it will generate 1,068 parking places on the site, which is an overload. He noted he has worked on the Veterans Memorial Park development and operation for 16 years; the veterans have a 25-year Lease from Brevard County to take care of the Park on the inside, and the County takes care of the Park on the outside; and if the construction is allowed to go in, the land southwest of the Park would destroy the veterans' ability to uphold its end of the Lease to the County. Mr. Rossi stated the construction would generate about 50,000 trips, with concrete and dump trucks; after construction, there will be about 3,500 trips a day to and from the facility; and it is estimated it would cost over $25 million of taxpayers' money to construct the supporting roads around the area. He noted the pristine wetland is a piece of country in the middle of Merritt Island; it is a nice area to keep in its present condition; the veterans hope to save this property from destruction by the development, and would like to put a youth scout camp there as a permanent home for the children to use as a scouting area; and the Council is discussing bringing the Veterans Memorial Moving Wall here as a permanent display. He noted the Vietnam Veterans have indicated they could possibly sell their property on S.R. 520 and put the money toward the site, which would be about $250,000; everybody would be in the same area; one of the Council members passed away and left the Council $96,000 for scholarship funds; and the Council has invested the money and hopes to get matching donations from local businesses. Mr. Rossi stated the Council objects to expansion of the property into a high-rise development as it is not the place for it.

John Howard, Melvin Mueller, and John Moale, Sr., representing Brevard Veterans Council, advised of their support of the Council's Resolution, Veterans Memorial Park, and purchase of property adjacent to the Center for a park.

Jim Swann stated the article in the newspaper made it sound as if the property did not have environmental significance; however, that is not true. He advised there are significant wetlands on the property that could be enhanced or restored that will help the Sykes Creek ecosystem; to look past that would be a mistake; adjoining the property was a stormwater park that he fought for when he was on the St. Johns River Water Management District Board and helped the County get it put in; and such park uses a chemical treatment method because it is small. He noted although chemical treatment is an acceptable method, it is not the preferred method of treating stormwater; the safety of it on a long-term basis is not known; but it is better than letting pollutants go in the creek. He stated there is a chain-link fence around the treatment system, so the property cannot be used by the public. Mr. Swann stated if the County could take the property, add it to the system and connect it to the veterans property, it could be a wonderful addition to the Veterans Park on some of the disturbed property; it could restore wetlands and change the stormwater system to a natural system so there could be fishing and recreation; the property is the last great piece of potential public space in central downtown Merritt Island; and the District is willing to work with the County. He noted with the public's support, the veterans can use the land also; it is a win-win situation; and invited the Board to take the opportunity to try and get the property under contract and see if different groups can be put together to purchase this significant piece of property.

Commissioner O'Brien stated the County inquired about purchasing the property four years ago, but it was too expensive; and there are now new owners of the property.

Parks and Recreation Director Chuck Nelson stated the County looked at the property some time ago; at that time it was about $6.5 million; there are some disturbed wetlands; Mr. Swann's explanation of how the property could be used would be the most reasonable from a park perspective; and there are varying types of habitats and disruption out there, which would fit within a park scenario. He noted the veterans have had a concern over time about the access; the access into the park site is developed as a park access and more typical of a park access; it has two cuts on the main road coming in; and it creates a problem if the road becomes a thoroughfare or public street. He stated part of the road is on park property because of its alignment and matching up with Sykes Creek Parkway; there are a variety of issues that need to be addressed; the County needs to work with Planning and Zoning staff to figure out all the ramifications; and staff had concerns previously when the Planned Unit Development (PUD) was approved in 1997. Mr. Nelson stated staff indicated it was necessary to have some kind of agreement on how the ingress/egress and parking could be addressed; it was never completed as part of the process because the PUD never moved forward; but staff still has that level of concern at this time.

Chairman Carlson inquired does staff know the cost of the property; with Mr. Nelson responding negatively.

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to acknowledge receipt of the Brevard Veterans Council's Resolution; and direct staff to sort out the problems of road access through the Veterans Memorial Park. Motion carried and ordered unanimously.

DISCUSSION, RE: BREVARD VETERANS COUNCIL RESOLUTION

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to direct staff to work with the property owner and the Council in assessing the property value adjacent to the Veterans Memorial Center, develop a Plan of how to purchase the property for a park, and seek possible funding through the Tourist Development Council, St. Johns River Water Management District, Department of Environmental Protection, and the Historical Society; and direct the Merritt Island/Beaches Recreation Service Sector Advisory Board to work with the Veterans Council on a park layout.

Commissioner Higgs stated the Legislature has taken $75 million from Forever Florida, which is money set aside for preservation that is being used for other purposes and are not available to communities; it was shifted this year; and last year, Brevard County had the assurance of $300 million from Forever Florida.

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

The meeting recessed at 12:09 p.m. and reconvened at 1:33 p.m.

PRESENTATION BY BREVARD WORKFORCE DEVELOPMENT BOARD, INC., RE:
A LIVING HOUSEHOLD INCOME STUDY

Linda South, representing Brevard Workforce Development Board, Inc., stated since welfare reform, part of the responsibility for addressing poverty has shifted from the federal government to local communities, often with little guidance about how much those leaving welfare rolls would need in order to meet self-sufficiency; and that left local agencies to find a way to define living income encompassing criteria unique to their local communities. She stated last year, the Development Board commissioned a study to define an adequate household income to meet the necessary cost of housing, food, transportation, health care, etc.; and the presentation deals with the results of the study. She noted certain goals were established to keep the project on track; the goals included a definition for self-sufficiency and what that meant to those living in Brevard County, identifying the elements necessary to contribute to a living wage study, necessary data collection, identifying how to achieve self-sufficiency through a phased-in approach, and completion of the research paper. Ms. South stated historically, eligibility for government assistance has been based on a poverty threshold; however, a poverty threshold is a measure of deprivation and inadequacy, and does not measure self-sufficiency; basic family budgets should set a higher standard and call for a level of income that would allow a family to become independent of government subsidies; and it is difficult to determine a local living wage that leads to self-sufficiency and requires careful research on what it costs to pay for elements, such as food, housing, transportation, and the like in Brevard County. She noted starting in December, 2000 and working through February, 2001, the staff and committee members of the Development Board attended workshops to discuss the definitions and elements of a living wage specific to Brevard County; the attendees agreed that the process should be used and based on a methodology that was created by the Economic Policy Institute's paper on living wage, "How Much is Enough"; and this basic family budget would measure the amount a family needs to meet its basic needs using a market basket approach. Ms. South stated there was a wide variety of people participating in the function; one of the first things they needed to do was define what is a living self-sufficient wage; they came up with a definition that a living wage or household income is the amount that must be earned in Brevard County to support a family at a level of self-sufficiency so the family may meet its basic needs and, through progression, ultimately eliminate the needs for government assistance programs; and workshop attendees desired to identify the basic household income and to study, in broad terms, the progression of a household through wage earnings, from zero dollars through the poverty level, and finally on to self-sufficiency, which is the ultimate goal. She noted they used the Maslow's Hierarchy of Needs to answer the question of what are basic needs; according to Abram Maslow, there is a hierarchy into which human needs arrange themselves; basic needs start at the bottom with physiological needs; these tend to have the most strength until they are somewhat satisfied; and those are the basic human needs to sustain life itself, such as food, shelter, clothing, and a safe environment to live.

Ms. South stated until the basic needs are satisfied, the majority of a person's activity will be at levels that will provide little motivation until those basic needs are met; for the purpose of the study, they included certain elements such as food, housing, telephone service, transportation, housekeeping supplies, household furnishings and equipment, clothing, health care, child or dependent care, and the necessary income taxes to be paid; there was a lot of debate about which would be included; and after much discussion, the following items were not included: food consumed away from home, credit card debt, savings, social and recreational needs, and renters or life insurance. She noted the members of the workshop understand the time and effort it takes for families to move from poverty to a living wage; they incorporated six scenarios to be included in the report, with a living wage identified for each case; the scenarios identified the number of people in a household who are working, whether one or both of the workers are covered by medical insurance through an employer's benefit plan, and whether the cost of child care is required; and a combination of federal, state and local government agencies have made a significant investment in the community by providing services and benefits to assist households in maintaining proper nutrition, decent housing, and child care assistance. Ms. South stated those include Temporary Assistance for Needy Families (TANF), commonly known as cash welfare, food stamps, Medicaid or Kids Care of Florida, child care, federal housing subsidies, and earned income tax credits; and showed the living wage continuum diagramming a progression as a family moves from subsidized to unsubsidized wages. She noted the study assumptions assumed that a family consists of two adults in a household with two children under the age of 18; the term "family" equates to household; the cost of child care has been used in appropriate scenarios and is intended to encompass the cost of any dependent care, whether it is child care or elder care; and the transportation category assumes that the average worker travels 50 miles per day to work and includes travel to and from child care facilities, schools, shopping, etc. She stated other study assumptions assumed that the optimal housing for the study is a three-bedroom dwelling; they utilized rental rates as opposed to home ownership; and a living household income is based on the total income of the household, not the earnings of any single member of the household. Ms. South noted the earnings would include their earned income, child support, and other forms of cash and support that comes into the household; showed various scenarios to the Board and audience on how household budgets break down based on elements the committee members deemed necessary; and noted the largest budget items were housing at 28%, taxes at 18%, child care at 18%, and food at 15%. She stated the living wage is not about defining a fair wage; one assumes that the free market will establish competitive wage as a function of supply and demand; it is about being able to meet the cost of basic needs of a household in Brevard County, without the need for federal, state, or local intervention; a living wage does not offer a comment about the appropriateness of what an employer chooses to pay an employee for the job he/she does; and instead the living wage estimates the hourly, monthly, and yearly compensation paid to family members needed to purchase those items in the market baskets identified as essential to the basic needs. Ms. South noted this is a research project; the Brevard Workforce Development Board, Inc. is proud to have it available for the community for multiple uses; however, it is not a public policy paper that is left for those to make public policy on their own, and it is also not an advocacy for a living wage ordinance. She stated a living wage cannot be viewed as a single dollar amount and must be determined as a range, taking into account the lifestyle of the family that is being measured. She stated child care and health care have a significant impact on the needed wage, along with the willingness of the parents to work different shifts or the availability of family members to take care of children or dependents, and an employer's benefit package; all of those items will have a major impact on a basic family budget; in the scenarios and using the six families set up, an annual household income in Brevard County that contributes to self-sufficiency could be established within a range of $23,428 to $38,333; and this particular report is available on the Workforce Board's website at www.bwdb.org.

Chairman Carlson inquired how does Ms. South foresee the Workforce Development Board utilizing this kind of information. Ms. South responded the Development Board commissioned the study because it needs to identify what it takes to bring somebody to self-sufficiency; it determined that it is not enough for a person to leave cash assistance; they must earn enough money that their family is self-sufficient without other government subsidies; and the Development Board will use the information in career planning for people who are leaving the welfare rolls to determine what kind of jobs they need to get their families to self-sufficiency. Ms. South stated the chart shows the continuum of moving people from zero income through federal poverty level; it is a combination of time, motivation, experience, and education that moves a family through the chart; and the Development Board's objective is to move people through there as quickly as possible, and not have families stagnated so they are not out of the range of subsidy.

Commissioner Colon stated she agrees that people need to get off of welfare; she came from a family where her mother was a single parent and supported five children; her mother worked two jobs and went to college; and she does not believe in people living off the government. She noted the key is sending the message of education.

Commissioner Scarborough stated it would be nice to move beyond the basic needs as the Development Board gets into this further, and taking the person to full self-esteem and having a value where they are bringing things to the community through their enthusiasm; and the County should not stop trying to get better jobs so people can advance.

Commissioner Colon suggested the Brevard Workforce Development Board, Inc. share the information with Dr. Richard DiPatri to perhaps start some kind of partnership. Ms. South advised Dr. DiPatri is on the Board of Directors and has been made aware of the study; there are a lot of partnerships in Brevard County and the Development Board engages all of the educational institutions; and it has youth programs and transmitted the study to the youth contractors to advise them of the value of the use of such data.

County Manager Tom Jenkins advised the Development Board is also working with Assistant County Manager Don Lusk on the Task Force to work on targeted communities that have been brought to the Board's attention with high underemployment.

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD
VALOREM EXEMPTION TO OPTICAL PROCESS AUTOMATION, INC.

Chairman Carlson called for the public hearing to consider an ordinance granting economic development ad valorem exemption to Optical Process Automation, Inc.

Commissioner O'Brien stated the Company is planning to hire 30 new employees, averaging $35,000 annually per employee; and he will move for approval.

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Colon, to adopt Ordinance granting an economic development ad valorem exemption to Optical Process Automation, Inc., located at 525 John Rodes Boulevard, Melbourne, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of Florida Statute 196.012; providing for proof of eligibility for exemption; providing for an annual report by Optical Process Automation, Inc.; and providing an effective date. Motion carried and ordered; Commissioner Higgs voted nay.

PUBLIC HEARING, RE: ORDINANCE PROVIDING FOR NUISANCE ABATEMENT

Chairman Carlson called for the public hearing to consider an ordinance providing for nuisance abatement.

Commissioner Scarborough stated the County has had nuisance abatement boards in the past that have been less than successful; and it moved to having hearing officers. He inquired is it something the Board can consider in this case as well; with County Attorney Scott Knox responding affirmatively.

Commissioner Higgs stated if the County does not have the ordinance in place, the Board still has the ability to get an injunction in regard to nuisances. Attorney Knox stated Florida Statutes, Chapter 823.054, defines what a public nuisance is; Chapter 60.05 says the county commission can authorize the filing of an injunction if it determines there is existence of a public nuisance; and the Board currently has the power to stop public nuisances through injunctions. Commissioner Higgs stated the reference in the ordinance to nuisances in Chapter 823.01 defines nuisance as, "All nuisances which tend to annoy the community or injure the health of the citizens in general, or to corrupt the public morals are misdemeanors"; and expressed concern with the broadness of the definition of nuisance. She noted the County Attorney or any citizen has the ability to go to a judge and get an injunction in regard to nuisance; but given the broad definition of nuisance in the ordinance, she would like further discussion about how it might be done, how the application of Chapter 823.01 has been used in the State of Florida, and what other things may be part of public nuisance.

David McCormick, representing Sheriff's Office, stated Commissioner Higgs is correct that public nuisance as a whole covers a broad range of topics, including noise, health, and other issues; the ordinance is empowered specifically by Florida Statutes to cover only four areas; and they are quality of life issues that citizens face everyday, including drug dealing, prostitution, street gang activity, and dealing in stolen property. He noted the Sheriff's Office has the right to do injunctions, but it creates governmental seizure; and the County may be paying costs for seizing property under Florida Statutes, Chapter 60.

Commissioner Colon inquired is Mr. McCormick comfortable with the way the County's proposed ordinance is written at this time; with Mr. McCormick responding negatively. Commissioner Colon noted if the County's ordinance was similar to Orange County's ordinance, it would have some teeth. Mr. McCormick stated the present ordinance is broader than what the Board and other individuals are comfortable with; the Statutes were specific for four areas; other issues included in the ordinance are lewd and lascivious behavior, gambling, alcohol usage, and unpermitted rave clubs; and he does not know if it is going to be problematic for the Sheriff's Office when it tries to use Florida Statutes. Chairman Carlson inquired does it reflect Orange County's Ordinance; with Mr. McCormick responding negatively.

County Manager Tom Jenkins stated page 3 includes eight items; and inquired is Mr. McCormick recommending only four items. Mr. McCormick responded he would like the eight items included, but the Board has indicated the ordinance is broad and has concern that the nuisance abatement board may go off in different directions.

Commissioner Scarborough stated it is a broad Statute; the County had a code board and it got to be a real problem; the more such board went on, the more it decided that it was not going to interpret, but create the law; and it came to the point of being fragmented and was going nowhere. He noted the Board moved to a special master, everything came together, and it works now; but the County needs to keep the injunctions open and preserved.

Chairman Carlson inquired if Mr. McCormick agrees with having a special master versus the nuisance abatement board; with McCormick responding yes, as it is easier dealing with one person instead of seven.

Commissioner Colon stated she is not ready to support the proposed ordinance as it does not achieve what the Sheriff's Office and Mr. McCormick is trying to accomplish; and she would rather having something that is done correctly instead of trying to move quickly. She inquired how long has Orange County's Ordinance been in place; with Mr. McCormick responding approximately two years. Mr. McCormick stated he has attended a couple of the board's hearings in Orange County; it has an assistant county attorney who gives it guidance; its Sheriff's Office has a hired attorney it uses to prosecute cases; and both cases he attended involved Cyber Zone, which had opposing counsel on the other side. He noted most of the cases are solved prior to receiving notice from the board and handled at the first line of nuisance abatement.

Attorney Knox stated the Board needs to decide if it wants a nuisance abatement board to do the enforcement versus a hearing officer, and if it wants a nuisance to be defined as the statutory provisions that deal with the first six items in the definition of public nuisance, or include the eight items identified.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to direct staff to replace page 4 of the ordinance providing for nuisance abatement, remove paragraphs a, b, c, and d, including all references to nuisance abatement board, and replace it with a special master; and eliminate item 10, which references the general nuisance provisions of Florida Statutes.

Commissioner O'Brien suggested including language on page 10, paragraph 5, to read, "The special master may elect to forward to the Board of County Commissioners a recommendation to revoke the license to operate in conjunction with closure," paragraph 6, to read, "The special master may elect to forward to the Board of County Commissioners a strong recommendation to revoke a Conditional Use Permit (CUP) or change zoning on property declared as part of a public nuisance,", and change page 10, paragraph d, from "one year" to "three years"; and direct staff to prepare and readvertise the ordinance with revisions.

Commissioner Scarborough amended the motion to include Commissioner O'Brien's suggested language; and Commissioner Colon accepted the amendment.

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

PUBLIC HEARING, RE: ORDINANCE PROVIDING FOR DEFINITIONS, RESTRICTIONS,
AND REGULATIONS FOR RAVE CLUBS

Chairman Carlson called for the public hearing to consider an ordinance providing for definitions, restrictions, and regulations for rave clubs.

County Attorney Scott Knox stated the ordinance was prepared at the Board's request; it deals with the rave clubs; a representative of the Sheriff's Office is present to tell the Board what the problems are; and the ordinance is a licensing one that requires rave clubs to get a license, and provides for revocation or suspension of such license in the event any activities that are prohibited in the ordinance are conducted on the premises.

Mike Wong, Operations Lieutenant with the Sheriff's Office, stated he is assigned to the Special Investigations Unit; the Unit's mission deals with narcotics and vice-related crimes; it is particularly interested in the proposed ordinance because of what it sees in the trends, and especially what recently occurred in Orange County; and Cyber Zone was one of the big rave clubs over there. He noted during discussions with other law enforcement agencies in various counties, the Unit found that Brevard County has been the focal point recently because of the Ordinance in Orange County, which has driven rave clubs in Brevard County; Sergeant John Mellick will be presenting some Legislative impact that the Sheriff's Office has encountered during enforcement efforts in the County; and showed a video presentation to the Board and audience of what the Sheriff's Office and Special Investigations Unit have encountered in various rave clubs. Mr. Wong stated the pill "Ecstasy" has been identified in rave clubs; the pill "PMA" was attributed to six deaths in Central Florida; and rave clubs essentially are a place to dance that have high-energy, fast-paced electronic music. He noted such clubs are normally held in organized, promoted events, fairgrounds, warehouses, local night clubs, and skating rinks; they are advertised in flyers, radios, word of mouth, and the Internet; these particular clandestine type operations could operate without law enforcement or the County knowing; and what the ordinance would do is provide a mechanism that will not only license and regulate the activity, but allow law enforcement to inspect or approve application of the process. He stated the ravers range from the age of 16 to 30, mostly middle class and all ethnic and national backgrounds; these events attract drug users and drug sellers; the times are usually from 9:00 p.m. to 8:00 a.m.; and after-hour parties also attract illegal activity. Mr. Wong stated paraphernalia associated with rave clubs include blow pops, pacifiers, Vicks inhalers, glow sticks, and surgical masks; all of these enhance the high of the use of MDMA; as of October 1, 2000, the State imposed a sanction of trafficking more than 10 grams of MDMA; and law enforcement agencies are seeing more pills than ever coming into Central Florida. He noted crack cocaine dealers are now selling Ecstasy as an alternative drug; it is primarily used for alternative lifestyle scenes, with rave clubs being one of them; and Sergeant Mellick is going to provide information to the Board on what has been encountered by law enforcement agencies in Brevard County.

Sergeant John Mellick, representing the Sheriff's Office, described various types of investigations the Sheriff's Office has been working on to combat this type of problem; stated a lot of the players and people who used to hang out in Cyber Zone are now migrating to Brevard County; the Sheriff's Office investigated the Lava Club on Merritt Island and made arrests; and such Club has since closed its doors. He advised of the different kinds of drugs in the rave clubs, which have resulted in over doses and deaths; and arrests that have taken place at such clubs. Sergeant Mellick stated all these links show the relationship of drugs, over doses, and death back to the particular scene that these certain parties are hosting.

Commissioner Colon stated she hopes the Sheriff's Office will follow through on this issue with the municipalities throughout the County. Sergeant Mellick advised the Sheriff's Office is working with the various municipalities; and they are seeing a link between distributors throughout Brevard County. Commissioner Colon inquired what signs should parents and the community look for. Sergeant Mellick responded there are telltale signs that parents should pick up on, including the types of paraphernalia, dress, and certain groups of individuals. Commissioner Colon inquired about education to the parents concerning the issues; and stated she wants to get the message out to the community. Sergeant Mellick advised the Sheriff's Office has the D.A.R.E. Program; such Office tries to disseminate information through the community, either in speaking engagements, homeowners' meetings, and neighborhood watch groups; it is a concern for the whole community to know what the kids are doing late at night; and when parents see 15 and 16 year-olds co-mingling with adults in this type of atmosphere, they should be concerned.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Ordinance of Brevard County, Florida, creating Chapter 72, Article IV, Code of Ordinances of Brevard County, Florida, relating to rave club regulations; providing for definitions, promulgating and imposing regulations and restrictions on establishments meeting the definition of "rave clubs" with such regulations and restrictions, including limitations on operating hours, exclusion of juveniles from adult rave clubs; providing for exclusion of adults from juvenile rave clubs; providing for licensing requirements on ownership and management, and security requirement; providing for enforcement and penalties; providing for conflicting provisions; providing for severability; providing for areas encompassed; providing for inclusion in the Code; and providing for an effective date. Motion carried and ordered unanimously.

Commissioner O'Brien stated this has been a great partnership between the Sheriff's Office and the Board to come up with an Ordinance that gives such Office more strength and room to take care of some of the problems that persist within this type of atmosphere. He stated the community has spent millions of dollars on drug education in the past 20 years; and it is time for Brevard County to take appropriate action.

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to direct staff to send copies of Ordinance No. 01-25 concerning rave clubs to all municipalities in Brevard County, with a cover letter indicating that the Board adopted said Ordinance and requests the municipalities do the same. Motion carried and ordered unanimously.

The meeting recessed at 2:59 p.m. and reconvened at 3:15 p.m.

PUBLIC HEARING, RE: ORDINANCE REGULATING COMMERCIAL PHYSICAL CONTACT
PARLORS

Chairman Carlson called for the public hearing to consider ordinance regulating commercial physical contact parlors.

Assistant County Attorney Shannon Wilson stated the Board requested staff draft an ordinance dealing with what was previously referred to as leisure spas; it is now renaming them as commercial physical contact parlors; and part of the intent of the ordinance is to bring the County more in line with some of the regulatory provisions that other Central Florida counties are engaging in. She stated the County has upgraded some of its regulatory standards and others have been taken out pursuant to case law, which have invalidated certain regulations; but the intent is to basically regulate commercial physical contact parlors. She noted the County is not changing anything to do with locational standards or separation requirements; the ordinance is cross-referenced to the locational standards in the existing Adult Entertainment Ordinance dealing with adult entertainment generally; and the County is not changing any location or zoning issues in this particular ordinance. She stated the intent is to give the County a better and stronger set of regulations, yet comply with existing case law in the regulation of these types of businesses; and they are considered sexually-oriented businesses and still part of the type of business that falls under the general definition of adult entertainment. She submitted into the record a number of documents that relate to a lawsuit dealing with two workers at the Board Room, who sued the Board Room; and stated there are several depositions included in the materials discussing what the workers experienced and the base of their lawsuit of the Board Room, which included allegations of battery, intentional affliction of emotional distress, coercion of prostitution, and a strip-search done of the workers, including a body cavity search. Attorney Wilson stated those materials from the lawsuit, which are already part of the public records in the lawsuit, are included in the submissions for the Board today; also included is material on a case involving the Xanadu Leisure Spa; Sergeant John Boyd, from the Sheriff's Office, is present to speak to it as he was involved in the investigation; and he will provide the Board an overview of how extensive that particular case was involving clubs in Brevard County, out of County, in the State of Connecticut, and the organized crime perspective of it involving money laundering, arson, murder, and prostitution. She noted the backup documentation for Sergeant Boyd's investigation is included in the submissions before the Board; and there are a number of transcripts of information from confidential informants, as well as witnesses in those cases, which talk about the prostitution and a murder directly connected to the Xanadu.

Sergeant John Boyd, representing Sheriff's Office, stated in 1991, he initiated an undercover operation addressing Xanadu in Palm Shores; the Sheriff's Office was investigating allegations of prostitution at the establishment; it was a much larger organization than just one location; and there were several locations throughout the State at the time the investigation was going on, including about nine houses of prostitution in Florida and Connecticut that were operational. He noted the Sheriff's Office shut the operation down; the owner of the Xanadu had a disagreement with one of his girlfriends in 1993 and ended up shooting her inside his house; it prompted the Sheriff's Office to step up its investigation further; and Florida Department of Law Enforcement (FDLE) and Bureau of Alcohol, Tobacco and Firearms also assisted in the investigation. Sergeant Boyd stated the Bureau came into the investigation after one of the witnesses was killed; the Sheriff's Office ended up serving 23 search warrants in Florida and Connecticut in September, 1994; in September, 1995, such Office executed another 16 search warrants; and several weapons and over $2 million in cash and assets were seized, including different items of real estate, liquor licenses, bars, mutual funds, offshore bank accounts, machine and motorcycle shops, vehicles, savings accounts, and electrology clinics. He advised of violence that occurred with the organization's operation, including shootings, threats, intimidation, narcotics violations, arsons, and racketeering.

Commissioner Scarborough congratulated Sergeant Boyd and the Sheriff's Office for a job well done; and stated the Board appreciates it.

Attorney Wilson stated she received a letter from the Sheriff's Office requesting that references to the "Sheriff's Department" be changed to the "Sheriff's Office" in the proposed ordinance; and requested authorization to make such change. She noted one additional change has been requested on page 30, subsection t, which is the provision that requires all work areas where commercial contact is to be provided, be ready visible at all times from common areas of the establishment. She stated the County gave establishments 60 days from the effective date of the Code to make those interior changes; based on discussions, it may not be realistic for cases needing a building permit; so staff would like to change "60 days" to "six months."

Chairman Carlson inquired does the ordinance cover the draping of the individuals as she discussed with Attorney Wilson; with Attorney Wilson responding affirmatively.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Ordinance amending Chapter 62, Article XV, Adult Entertainment Code, Code of Ordinances of Brevard County, Florida, specifically repealing Sections referring to leisure spa establishment(s) or leisure spa(s) in Section 62-4951(a) and (b)(3), Section 62-4957(a)(2), Section 62-4966, Division 4, Leisure Spa

Establishments, including Sections 62-5021 through 62-5028 and Section 62-5142(b)(5); creating a new area in the Adult Entertainment Code, Article XVI, dealing with "Commercial Physical Contact Parlors"; creating Division 1 providing for general provisions; title; authority; scope; purpose; findings of fact; definitions; enforcement; appeals; notice; immunity from prosecution; construction; severability; creating Division 2 regarding licensing; license required and classifications; application for license, application fee and consent by applicant; processing of application, investigation and findings; grant, denial, rejection of licenses; licenses, term, renewal, expiration, cancellation, reports, consent; annual license fee; transfer of licenses; changing name of establishment; suspension and revocation of licenses; suspension and revocation proceedings; creating Division 3 providing for zoning, locational and distance requirements in conformity with Section 62-4916; nonconforming uses; creating Division 4 relating to restrictions on commercial physical contact parlors; records and inspection of records; Division 5 criminal penalties; penalty; operation without valid commercial physical contact parlor license; working at unlicensed establishment; operation contrary to provisions; prohibited acts; touching of workers prohibited; advertising prohibited activity; minors prohibited; failure to maintain required reports and licenses; exceeding hours of operation; alteration of license; false or misleading statement in required documents; solicitation or personal advertising; allowing customers to engage in specified sexual activity prohibited; prohibited acts by commercial physical contact workers; providing for resolution of conflicting provisions; and providing an effective date, as amended. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING BREVARD COUNTY CODE, CHAPTER
102, ARTICLE III, TOURIST DEVELOPMENT TAX

Chairman Carlson called for the public hearing to consider an ordinance amending Brevard County Code Chapter 102, Article III, Tourist Development Tax.

Kay Burk, representing Brevard Cultural Alliance, stated on April 19, 2001, she came before the Board, along with the Zoo, Sports Authority, and the Zimmerman Agency and asked about money out of the third-cent; it was a difficult process for the Board; and expressed appreciation for the consideration it gave to each one of them and the recommendation it made, which benefits each one of the organizations involved.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Ordinance amending Brevard County Code, Chapter 102, Article III, Tourist Development Tax, Section 102-119(4), Budget Plan, to reallocate the net revenue derived from the third-cent of the Tourist Development Tax; providing for severability; and providing for an effective date. Motion carried and ordered; Commissioner O'Brien voted nay.

PUBLIC HEARING, RE: ORDINANCE ESTABLISHING TRANSPORTATION IMPACT FEE
CREDITS FOR COMMUNITY DEVELOPMENT DISTRICTS

Chairman Carlson advised that the public hearing to consider ordinance establishing transportation impact fee credits for community development districts will be continued to July 10, 2001.

PUBLIC HEARING, RE: TRANSMITTAL OF 2001-A COMPREHENSIVE PLAN
AMENDMENTS TO DEPARTMENT OF COMMUNITY AFFAIRS

Chairman Carlson called for the public hearing to consider transmittal of 2001-A Comprehensive Plan Amendments to Department of Community Affairs.

Attorney Leonard Spielvogel, representing Flagler Development Company, stated the Company is seeking a Comprehensive Plan amendment; such Company is an affiliate of Florida East Coast Railroad (FECRR); and when it determines that real estate it owns is not necessary for railroad purposes, it transfers the property to Flagler Development Company so that the Company can market the property. He noted the Company wants a Comprehensive Plan amendment so it can sell the property; presently there is 131 acres of land zoned Industrial Use (IU); the Comprehensive Plan amendment is Light/Heavy Industrial; and the Company also has a binding concept plan that allows it to break down the parcel into small sites. He stated the property has a railroad spur; and depicted the property on the map. Attorney Spielvogel stated there are a number of individuals from Holiday Springs at Suntree Subdivision, located to the west of the proposed site; requested change of the Comprehensive Plan to residential; and advised the Company wants to accomplish single-family residential for 65 acres, multi-family for 29 acres, and Mixed Use for the balance. He stated after this hearing, the Company proposes to apply for rezoning, assuming the Board sees fit to grant the request for change of the Comprehensive Plan designations. He stated the zoning would run concurrently; and the Company hopes to be back before the Board on September 6, 2001, assuming Department of Community Affairs (DCA) processes the application in a timely manner. He noted the industrial zoning presently permits BU-1 and BU-2 uses; the Company can utilize the 35 acres for commercial use presently; and it is trying to get rid of the industrial zoning classification. Attorney Spielvogel stated he would like to think that everyone is happy to get rid of industrial zoning, especially those individuals who have their homes next to the proposed property immediately to the west; and in looking at the worksheet, there is an issue of concurrency, but concurrency is not an issue at this time, as what has happened is that the only numbers staff had to work with were for single-family residential. He stated the property fell into the 12 units per acre classification; the Company applied for urbanizing 30 units per acre classification; it does not make sense to think in terms of 12 units an acre for single-family residential for this kind of project or 30 units per acre for multi-family; and should the Board see fit to accept the stipulation, his client has authorized him to agree to put a cap of six units per acre for the single-family and 12 units per acre for multi-family. Attorney Spielvogel stated there are jurisdictional wetlands on the property, scrub jay habitat, osprey, gopher tortoises, and an eagle's nest; they are all protected species; there are numerous laws and regulations that govern how one relates to the land and animals; and his client and his client's purchasers are bound by the law. He distributed a drawing delineating the jurisdictional wetlands, observed scrub jay activity, the boundary, and location of the eagle's nest; stated a unanimous recommendation for approval of the request was made by the Local Planning Agency (LPA) and Citizens Resource Group (CRG); requested the Board's consideration; and noted the property is for sale should anyone have an interest.

Amy Mosher submitted photographs of the proposed property to the Board; stated the property is part of the State-approved CARL Project; it is an exceptionally diverse and fragile area; and the property lies along the Florida East Coast Railroad. She noted there is an eagle's nest on the property; there are also scrub jays and gopher tortoises; the property contains wetlands and a sand pine forest situated on Type II aquifer recharge soils; and such soils are one of the best recharge soils found in the area. She stated the last photograph is of Magnolia Springs; the new residential developments have houses crammed in so close together that not a single tree is left standing; even densities of six and 12-units per acre would wipe out the trees; and no consideration for the environmental assets or natural amenities is given in those high-density areas. Ms. Mosher stated before a home is built in Brevard County today, the soil has to be poisoned before the cement is laid; it is done to kill termites; all types of pesticides are being used, including Dimon, which has a half-life of nine years; and it is another thing to consider with putting all the houses on Type II aquifer recharge. She provided a corridor map from the Office of Natural Resources Management to the Board, outlining critical scrub jay territory and newly-identified scrub jay territory. She noted driving the Viera area is getting more depressing and horrifying; destruction and sprawl have consumed the area, and the infrastructure is not there to carry it; the wetlands, uplands, and open space she used to enjoy and visit are now filled and cleared; and the proposal by Flagler Development Company is a perfect example of how sprawl costs and negatively impacts everyone, with higher taxes, more congested roads, pollution, loss of open space, and loss of critical wildlife habitat. She stated there is enough residentially-zoned land in the area already; the developers are not concerned about the people or natural communities, but only making the highest return on their investment; the proposed Comprehensive Plan amendment would create enormous impacts to the existing infrastructure, the excellent recharge area, and the diverse ecosystem identified in the CARL Project; and requested the Board deny transmittal of the intense Comprehensive Plan amendment to DCA.

Mary Sphar, representing Sierra Club Turtle Coast Group, advised of Sierra Club's objections to transmittal of Comprehensive Plan Amendment 2001A.1; and stated the proposed high-intensity land use designation is not suitable, considering the environmental features of the site. She stated the Sierra Club posed questions about the consistency of the proposed amendment with certain Comprehensive Plan objectives and policies; and expressed appreciation to staff for their timely response to the questions. She noted the Club asked about Conservation Element, Objective 10, Protect Endangered and Threatened Wildlife from Adverse Impacts Due to Loss of Critical Habitat; staff responded that the subject property is considered critical habitat by the Brevard County Natural Resources Management Office; the subject land was evaluated for use by the Florida scrub jay by Dave Breninger and Brian Toland; two families of scrub jays utilized the western portion of the subject land; and the area of occupancy is west of the sand pine forest that covers the majority of the subject property. She noted although the vegetation on the land consists primarily of sand pine, and this type of habitat is currently unsuitable for scrub jay occupancy, habitat appropriate for scrub jay occupancy could be restored on the land with proper land use management techniques. She stated currently only the far western portion of the land contains scrub habitat that is favorable for scrub jay occupancy; and the property is part of the Brevard County Coastal Scrub Ecosystem Florida Forever Project.

Ms. Sphar stated the second question concerned Comprehensive Plan Aquifer Protection, since a large percentage of the parcel contains Type II aquifer recharge areas defined as those areas which are not classified as Type I aquifer recharge areas, are above 30 feet mean sea level, and have highly-permeable soils; staff confirmed that for the portion of the land that is Type II aquifer recharge area, development would be held to 35% impervious surface limitation and the pre-post development and recharge volume standard stated in Conservation Element Policy 11.2. She stated the Sierra Club believes that the 35% impervious surface limit would be hard to meet; the Brevard County Stormwater Management criteria indicates in Exhibit 4-2 that the average percent impervious area for commercial development is 86%; the closest category for residential is townhouses and lots of one acre or less; and that average percent impervious surface is 65%. Ms. Sphar stated the Comprehensive Plan impervious surface limit appears to place significant obstacles in the path of the developer; the Sierra Club asked about the Future Land Use Element, Objective 4, Criterion for Commercial Designations, Types, Values, Conditions, Functions, and Locations of Wetlands; staff provided a general statement, but did not give site-specific information; however, she remembers a conversation on February 4, 1997, with Charles Gottie and Mel Scott; and Mr. Gottie indicated that the DCA would expect data on types, values, conditions, functions, and locations of wetlands submitted with amendment packages. She noted the Sierra Club believes that the parcel is not suitable for the land uses identified in Comprehensive Plan Amendment 2001.A.1; the high intensities proposed are not appropriate for this property with its listed species, habitat, wetlands, and Type II aquifer recharge soils; and requested the Board not transmit the proposed amendment.

Jane Peltz, representing Springs of Suntree Homeowners Association, provided maps to the Board; stated the Springs is a deed-restricted community that borders on the area in question to the south and west; at the Board of Directors' meeting last night, the Board voted unanimously to support the change from light/heavy industrial to residential with exceptions. She stated Flagler Development Company was proposing multi-family at 30 units per acre, but is now proposing 12 units per acre; further south is 65.61 acres with a density of 12 units per acre; and the Company is now proposing six units per acre. She noted rather than have an industrial park behind them, the residents would certainly go with this type of usage; ideally, the residents would like the land to remain as it is; it is a lovely tract of Florida scrub, with diverse animal population, including an eagle's nest, scrub jays, gopher tortoises, ospreys, bobcats, and assorted other animals; and should the proposed site become residential, the citizens hope the developer would be required to preserve as much of the natural flora and trees as possible, rather than clear the whole site, which has become the standard practice in much of Brevard County. Ms. Peltz stated the residents trust that the Board will act in the best interest of its constituents; and recommended if the Board approves residential, that it make the whole area six units per acre. She provided petitions to the Board with approximately 277 signatures; and stated a lot of people did not sign the petition as they did not like the proposed density.

Jim Egan, representing Marine Resources Council, stated the Council is a neighbor of the proposed parcel and is located across the street; it is concerned about the parcel because of its uniqueness; the Board has heard about the natural resources on site; and when the meetings of the LPA and CRG took place, staff was not aware of the eagle's nest on the site. He noted because the area has such fabulous recharge soils and is in such close proximity to the Lagoon, the County can expect higher density-type residential developments to cause problems in terms of reducing replenishment of the groundwater and increasing runoff; it can try to direct a lot of the impervious surface to swales and things of that nature; but it ends up with a lot of evaporation coming off parking lots and other places. He stated there are problems with back-to-back or large-scale storms; and there can never be 100% retention. Mr. Egan stated one of the biggest issues is the incompatibility of a high-density residential development in the area; bringing a multi-family development in the area adds to the burden of infrastructure, including the roads and schools, which have not been able to keep up with the current burden; and it presents a lot of problems in terms of protecting the groundwater and natural resources. He noted the Council does not support the change at this time due to the multi-family aspect of it; if residential is proposed for the area, it should be at the lowest density possible so the infrastructure is not overwhelmed; it needs to be compatible with the surrounding communities; and there is no multi-family in the area.

Bob Peltz stated he and his wife would love to see the proposed property as a nature preserve; they applaud Flagler Development Company agreeing to decrease the density; and the decision is up to the wisdom and foresight of the Board. He noted they have recently purchased a new home on Bronco Drive; and they do not want a railroad in their backyard or a density of 12 to 30 homes.

Lynda White, representing Audubon of Florida, stated the proposed property is the site of an official eagle's nest as recorded by the Florida Fish and Wildlife Conservation Commission by John White, Biologist for Game and Fish Commission; it has been designated BE56 and was active this year; and it fledged one eaglet. She noted U.S. Fish and Wildlife Service has recommended a 750-foot primary zone around the nest for protection purposes; and the bald eagle has made a remarkable come back from near extinction in the 60's, but loss of habitat continues to be a major threat to the continued recovery of the species. She stated eagles are territorial and need a certain amount of space in which to hunt for food, build their nests, and raise their young; and displacing the eagles will affect not only the birds, but disrupt the food chain and the entire balance of nature. Ms. White stated the birds are still on the endangered species list, with a designation of threatened; the de-listing from the list has been postponed due to concerns over habitat protection that have kept them on the list; Brevard County is typical of most Florida counties, as it must try to balance growth with the need to preserve the way of life that attracts people to Florida in the first place; and it is possible for humans and eagles to co-exist, but it takes careful planning and responsible developers to help develop conservation areas if construction occurs. She noted she used to live in Brevard County and now lives in Orange County; the Board does not want Brevard County to become Orange County; the Board has a chance to do the right thing; and it needs to preserve this beautiful piece of property.

Edward Slaney stated each ecosystem has intrinsic value; people should learn to treasure finite ecosystems; if they do not, biological diversity may be destroyed; and people depend on bio-diversity for medical substances, 25% from plants, 13% from microorganisms, and 3% from animals. He noted people overlook this issue when it comes to the fate of habitats; in these ecosystems there are little players and big players; the big players are the keystone species, in this case, the Florida scrub jay; and the removal of a keystone species causes a substantial part of the community to change drastically. He noted genetic diversity among scrub jay population suffers greatly; the Florida scrub jay is a specialized species; and specialization is perilous, even for a widespread species whose local populations are more likely to dip to extinction until all vanish. He stated one of the more frequently asked questions about diversity is if enough species are extinguished, will the ecosystem collapse and will the extinction of others follow; and the answer here is possibly. Mr. Slaney noted by the time it is found out; however, it may be too late; and requested the Board be sensitive to the big picture and more understanding of bio-diversity in its decisions. He stated Benjamin Franklin once stated, "When the well is dry, we know the virtue of water."

John Weir stated he believes in free enterprise and does not care if a person or corporation owns property, it is their property; he would not want to tell someone they could not do something with their land; and on the other hand, people should be good stewards of what God has given them. He noted there seems to be a great passion for preserving the proposed property; if someone wants to start an organization, he will be the first one to donate $500; Flagler Development Company indicated it would sell the property; and Bronco Drive is not at six units per acre, but much less than that. He stated if the density could remain at three or four units per acre in the area of Bronco Drive and add another buffer zone, it would be a good.

Stephen Vickery stated the proposed property is not only scrub jay habitat, but scrub jay occupancy; the proposed density may create a diminution of value of his property; the request is not compatible with established growth in the area; and residents would appreciate the Board's consideration.

Maureen Rupe stated she agrees with everyone who spoke for preserving the environmentally sensitive lands on the proposed property; and requested the Board deny transmittal of that Comprehensive Plan amendment to DCA.

Brian Mosher stated the big picture needs to be looked at with a Comprehensive Plan amendment; and such picture for this area is the Viera DRI, which is flawed because of the uncertainty, especially the Viera Boulevard interchange at I-95, and the likelihood that such interchange may never be built. He stated in the Viera East DRI, there was originally a north/south road, from Viera Boulevard to Barnes Boulevard, called Crane Creek; and it has gone by the wayside also. He noted the whole DRI was based on the I-95 intersection and the other north/south road, which is to the east of Murrell Road; the DRI should be revisited; Barnes Boulevard in Rockledge is to the point of being a dangerous route; and it is also where development orders are to the point of being stopped as the road cannot handle the traffic. Mr. Mosher stated the County also needs to look at the big picture of what the Central Mainland will look like after build out; the amount of residential that is already planned is enough; any more would make the build out scenario more of a strain on the quality of life; and the impacts to roads, schools, water, and energy supply must also be considered when looking at this Comprehensive Plan amendment. He noted individuals must realize that there is and always will be a need for industrial use zoned property; it is a reality; light industrial brings jobs; and if the residential is approved, the County should hold the density to about two units per acre, which may work using the Open Space Ordinance.

Attorney Spielvogel stated he thought when his client came to him and said he had 131 acres of industrially-zoned land and wanted to down zone it to residential, that the request was going to be relatively easy; the homeowners indicated they want the density decreased; and now that they have theirs, they want the County to enforce strict rules, and want others to go somewhere else as they like their peace and tranquility. He noted his client never wanted 30 units to the acre or intended 12 units to the acre; these were categories his client was placed in because he was asking for Comprehensive Plan changes; his client is not a developer and will not do any developing; and he agrees that the eagle needs to be protected. He noted Mr. Vickery made a comment that the proposed property is scrub jay occupied as opposed to habitat; it is occupied because Mr. Vickery is feeding the scrub jays; they are flying to Mr. Vickery's house and sitting in the trees of his client's property; and his client had the property walked by his environmental people and they found the eagle's nest. Mr. Spielvogel stated the well-meaning people who want to protect the eagles, ospreys, and gopher tortoises should be out acting and functioning like the auxiliary to Wuesthoff Hospital or Holmes Regional raising money so they can buy these lands; his client could start developing the property industrial now; and it makes more sense to do what his client is suggesting be done.

Mr. Spielvogel inquired if an eagle lands on someone's property and decides to build a nest, does it benefit the parcel or is it a detriment, especially if he or she cannot do anything within 750 feet; the community is benefited by the existence and locations of eagles; everyone should be contributing to the cost, not just through lip service, but through dollars; otherwise, it is condemnation of a person's property because an eagle happens to land there and says he is home, and suddenly it is the eagle's home and nobody else's.

Chairman Carlson stated the Legislature attempted to attack growth management reform this year; it took a big bite out of it by trying to get school concurrency as a part of growth management and making it stick this time; it was unsuccessful at changing anything; but it is going to come back in the next Legislative Session. She suggested everyone who is interested in reducing sprawl and the issues of growth management in Brevard County, beat on the Legislators who are going to be up there again next year working on the issue; and the County is attempting to take a hard look at growth, and is interested in making sure it is quality growth. She noted sending the Comprehensive Plan amendment will probably not send the best message to DCA for the best interest of the community, environment, quality aquifer recharge area, and the CARL Project. Chairman Carlson stated she would like to find out more about the status of the property as one of the CARL Projects; it would be nice if the Board and owner of the property could come to an agreement on how the area should be zoned; if industrial zoning is not proper, a Comprehensive Plan amendment needs to be submitted; and inquired what should it be made up of.

EELS Coordinator Ann Birch stated the majority of the proposed property is within the CARL Project boundary; it is now called the Florida Forever Project; the two pieces north of Viera Boulevard are not within the project area; but the other parcels south of Viera Boulevard are in the project area. She noted the area has not been mapped by the State; it is in the bargain-shared portion of the CARL Project; appraisals have not been ordered on most of the properties south of Barnes Boulevard; and there is no funding at the State level to map properties until it determines the amount of funding it has available left over from P-2000, if there is any, and the new Florida Forever Bond.

Commissioner Higgs noted when the Legislature changed from the P-2000 Project, the property was ranked in the high list of projects to be acquired; it then changed the Program and re-ranked projects; and the County no longer went into the A category with the coastal scrub project, but went into the B category. Ms. Birch stated Commissioner Higgs is correct; A category projects receive 100% State funding for acquisitions; and B category projects are those that would not receive 100% funding and primarily have partners involved. She stated bargain-shared means up to 50% State funding, provided there is State funding to match those projects; and staff is still working on the criteria for which projects they would match within group B. She noted it is still in a state of flux in the Florida Forever Program; and the bond has not been issued yet. Commissioner Higgs stated even if the County had matching money, the State may not move forward on the project; with Ms. Birch responding that is correct.

Commissioner Higgs stated the only way Florida is going to keep from being a further mess is when it has citizens stand up and say this is not what we want and where we want to live; it presents a dilemma, and understands the concern about industrial next to newly-developed subdivisions; however, she finds it unacceptable that the Board would add what looks to be 23,000 trips on the road with a residential development. She noted she cannot support what is coming forward today and the transmittal of it; perhaps there are some amendments that an applicant could come forward with that would deal with some of the concerns of the community, but not result in further urban sprawl in the area; the caution that was raised earlier by one of the speakers that the County has need for industrial land is a valid concern; and reiterated she cannot support the amendment based on impact of traffic and totally abolishing the industrial use. She noted the Board needs to grapple further with how to further save the important environmental lands that are still available in Brevard County.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to deny transmittal of Comprehensive Plan Amendment 2001A.1.

Commissioner Scarborough stated if the Board denies the item, perhaps it could be worked more; he has difficulty saying it should be industrial as there is no other industrial around the area to indicate this is the appropriate place for industrial. Commissioner Higgs stated the industrial is not the ideal, but what has been proposed is worse, given the impacts on the infrastructure; the traffic is totally unacceptable; and she has no problem trying to work further with the applicant to see if there is something better that can be done.

Commissioner O'Brien stated the applicant needs to figure out a better plan than the one presented for changing the use of the land, because the multi-family and road trips that would be generated far exceed the capacity of Viera Boulevard. He stated the applicant may want to look at four units per acre or something; the Board has to consider overcrowded schools at this time; and multi-family condenses people into an area, which causes a lot more problems than what already exists.

Chairman Carlson stated there is not enough support on the Board to pass the amendment; and suggested Attorney Spielvogel go back to the applicant and see if he can minimize the densities as much as possible for the reasons stated, whether it is concurrency in terms of levels of service or the school issue. She noted she would like to see alternatives to industrial zones; and hopefully the applicant will think about it and come back with another suggestion on a Comprehensive Plan amendment.

Commissioner Scarborough inquired what is the difference between denying the item and instructing the applicant that the Board will not accept the amendment in the current form.

Planning and Zoning Director Mel Scott responded an option the applicant would have would be to withdraw the item from the 2001-A package and work on it until the 2001-B package deadline, which would be the end of July, 2001; if the Board were to deny the item and move forward on 2001A.2. and 2001A.3., the package would move forward without the first amendment; or it could withhold the whole package.

Chairman Carlson called for a vote on the motion, to deny transmittal of Comprehensive Plan Amendment 2001A.1. Motion carried and ordered unanimously.

There being no further objections heard, motion was made by Commissioner Colon, seconded by Commissioner Scarborough, to approve transmittal of Comprehensive Plan Amendments 2001A.2 and 2001A.3 to the Department of Community Affairs (DCA). Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct staff to do a small area study in the area concerning Comprehensive Plan Amendment 2001A.1. Motion carried and ordered unanimously.

The meeting recessed at 4:51 p.m. and reconvened at 5:09 p.m.

INTERLOCAL AGREEMENT WITH CITY OF MELBOURNE, RE: JOINT PLANNING

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Interlocal Agreement with City of Melbourne to establish time frames, procedures and mapped limits for exchanging City and County staff comments on certain types of development order applications occurring within the Agreement's geographic limits; County staff evaluate and review development order application materials for consistency with County regulations and compliance with City development requirements which will be stipulated within any pre-
annexation agreement for City services, which may already encumber the subject property; and
transfer of right-of-way maintenance responsibility from the County to the City after more than 50% of a subject local road's adjacent properties, between any two intersecting cross-streets, have been annexed. Motion carried and ordered unanimously.

AMENDMENT NO. 1 TO GRANT AGREEMENT WITH ST. JOHNS RIVER WATER
MANAGEMENT DISTRICT, RE: ARTESIAN WELL PLUGGING PROGRAM

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve Option 1, to continue the Abandoned Artesian Well Plugging Program with St. Johns River Water Management District at the current funding level of $15,000.

Chairman Carlson stated she is interested in increasing the amount the County provides so it can get more artesian wells plugged; and inquired how long has it been at this level. Assistant

County Manager Stephen Peffer responded several years. Conrad White, Environmental Management, stated the County was at $15,000 and $5,000 from the Mosquito Control District up until about three years ago; and it has had a budget of $15,000 since then. Mr. Peffer stated the Mosquito Control funding was continued while the County was plugging wells within the impoundments; and once it was completed, the funding ceased.

Wesley Curtis, representing St. Johns River Water Management District, stated it is fortunate that the District and Brevard County have enjoyed this Cost Share Program; he is enthusiastic about the Cost Share Program as it provides cost-effective permanent solution; and the reason it is so effective is because it encourages self-reporting. He noted there are tens of thousands of wells on private properties in Brevard County; the wells are aging; the steel is corroding; and eventually they begin to leak. He stated because it is a private property issue, the District will not be aware of those until they become a big problem; it is more cost-effective to abandon the wells before they completely corrode; when the owners know there is a program that offers assistance, they will come forward; and the District provides that assistance. Mr. Curtis noted assistance starts immediately; the District tries to visit a site within 14 days, often within seven days of notification; it will put a temporary plug in a well where possible; it prevents continual waste of water while the District attempts to schedule the permanent abandonment of the well; and the long-term solution is the permanent abandonment, which is why the District is coming back for additional matching funds.

Commissioner O'Brien inquired does the District have taxing authority; with Mr. Curtis responding affirmatively. Commissioner O'Brien inquired does the District tax Brevard County; with Mr. Curtis responding affirmatively. Commissioner O'Brien inquired why would Brevard County have to match money that the District has already taxed from Brevard County; stated the County has to tax itself again; and it is double taxation. Mr. Curtis stated there is no requirement for the participation; the District has a Program that would be offered anywhere within the 19 counties of the District; such Program differs in that a portion of the cost is paid by the well owner; and the portion of cost paid by the well owner varies with the type of well ownership. He noted agricultural and business pays 75% of the abandonment cost and the District pays 25%; a homeowner with residential homestead exemption pays 50%, their portion limited to $600 and the District pays the remaining cost. He stated even with the Program available, the District has a difficult time convincing people to make a permanent abandonment of the well; the people would rather put a band-aid on it to bring it into nominal compliance; and within two or three years, the District is right back where it started with a well that is leaking, but only worse as the casing is corroded more. Commissioner O'Brien stated the District can raise its taxes if it wants; it is the District's problem and Program; the goodness of the program is not in question; but it is the District's program and it should be paying for it.

Chairman Carlson inquired about the advantages of paying for the Program in a matching scenario versus waiting until the District gets around to doing it. Mr. Peffer responded this is a

Program which gives the Board an option to accelerate well plugging; and whether it likes the way it is structured or not, it gives the Board a chance to make a commitment that would conserve the water resources citizens are using. He stated the District has indicated it would match every dollar the County puts into the Program; and it becomes the Board's discretionary decision to determine how strong an effort it would like to make.

Mr. White stated it is a shared resource for all of Brevard County; as the County increases in population, it is going to have more demands for drinking water; the surficial aquifer and Florida aquifer are going to be more important to the County; and it behooves it to get a control on some of the wells that are free flowing and exhausting the resource.

Commissioner Higgs stated Brevard County has had a wonderful collaborative effort with the District on the Program, and she wants it to continue; but she is not ready to expand it in this budget year, which is going to be tight; and the Board needs to determine its priorities.

Commissioner Scarborough stated he agrees with Chairman Carlson that the Program is money well spent.

Commissioner Colon withdrew her second to the motion.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve Option 2, to continue the Abandoned Artesian Well Plugging Program with St. Johns River Water Management District and provide additional funding in the amount of $20,000 for plugging more wells each fiscal year, which would result in an annual budget of $35,000 per agency; and execute Amendment No. 1 to Grant Agreement with the District. Motion carried and ordered; Commissioners O'Brien and Higgs voted nay.

FINALIZATION, RE: PORT ST. JOHN FEASIBILITY STUDY

Commissioner Higgs stated the contract before her says the County will pay the University of Central Florida advanced payment before it begins work; it is not a good way to do business; the County needs some benchmarks and payment plans; and requested staff work with the University between now and next Tuesday, and bring the issue back to the Board.

Commissioner Scarborough stated he will be glad to add anything in the contract that the Board wants; the gentleman he is dealing with is a professor; and the issue has been back and forth, and time is running out. He stated he would prefer for the Board to put something together and say this is what it wants, and do it that way; and if there is a problem, he can bring it back to the Board.

County Manager Tom Jenkins stated he has not seen the scope of services; and inquired can it be divided into steps. Commissioner Scarborough stated the University does the study and gets it over with; the County has major things it spends hundreds of thousands of dollars on; this is a fraction of it; and the University is doing it as a favor to the County.

Chairman Carlson inquired can the County give the University half of the money up front and half of it at the end. Commissioner Scarborough stated the Board can put it in the contract; and if there is a problem, it can be brought back to the Board. Commissioner Higgs noted to pay people when they do the work is the way good business works; so the Board should pay the University when it does the work. Commissioner Scarborough stated the contract is a good one and specific in its references to the Statutes. Commissioner O'Brien stated he can support paying half the money up front and half of it later. Commissioner Colon noted the County is pressed for time; it is getting a tremendous deal; and it needs to move forward.

Maureen Rupe stated the time factor is tight; the project will take six months, which just gives enough time for the item to be at the Legislature next January; and if there is any way the Board can approve this, the residents would appreciate it.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to approve moving forward with finalization of the Port St. John Feasibility Study. Motion did not carry; Commissioners Scarborough and Colon voted aye, Commissioners O'Brien, Higgs and Carlson voted nay.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve moving forward with the Port St. John Feasibility Study if University of Central Florida agrees to accept one half of the payment of $10,385 before the project begins, and the remainder of $10,385 if the Study is delivered to the Board in five months upon completion of the project; and direct staff to bring the item back to the Board at the May 29, 2001 special meeting. Motion carried and ordered; Commissioner Higgs voted nay.

SPEED HUMP REQUEST, RE: ISLAND BEACH BOULEVARD

A representative of the audience stated the residents submitted a petition for the safety of the children on the block.

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to approve installation of speed humps on Island Beach Boulevard, located on Merritt Island. Motion carried and ordered unanimously.

STAFF DIRECTION, RE: LOCATION OF CERTAIN TYPES OF EDUCATIONAL FACILITIES
WITHIN RESIDENTIAL PROFESSIONAL (RP) ZONING CLASSIFICATION

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve Option 3, to amend Section 62-1344 (RP) by adding Learning Centers as a permitted use with conditions within the RP zoning classification and creating a section to enumerate the conditions of that use; amend Section 62-1481 (BU-1-A) by adding Learning Centers as a permitted use within the BU-1-A zoning classification; and locate the definition of a Learning Center in Section 62-1102 (Definition and Rules of Construction.) Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: OSPREY VILLAS EAST, AQUARINA II PUD

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to grant final plat approval for Osprey Villas East, Aquarina II PUD, subject to minor changes, if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH MARYANNA PALINO, RE: SAPLING AVENUE

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute Unpaved Road Agreement with Maryanna Palino for a building permit off an existing right-of-way known as Sapling Avenue, which has been constructed to the standards of Section 62-102 of the Brevard County Code. Motion carried and ordered unanimously.

APPROVE APPLICATION, RE: COASTAL IMPACT ASSISTANCE PROGRAM FUNDS

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to approve Application for 100% grant funding from the Coastal Impact Assistance Program of approximately $136,408, which should be available on October 1, 2001. Motion carried and ordered unanimously.

DISCUSSION, RE: SELECTION OF REDISTRICTING CONSULTANT

Assistant County Manager Peggy Busacca stated at the May 17, 2001 Redistricting Committee Meeting, there was a motion made to request the Board's input in the role that the Committee should serve in the selection of the redistricting consultant. She stated the second issue that came up related to the School Board members; the School Board has notified the County that it has appointed five members, one from each District, to attend the Redistricting Committee meetings; and the Chairman of the Committee requested that she ask the County Commission what level of participation it would like to see the School Board appointees have in the Committee.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to request the School Board participate as part of the Redistricting Committee, but not as voting members. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to appoint a Selection Committee consisting of County Manager Tom Jenkins, or his designee, Supervisor of Elections Fred Galey, and a County staff member to select a Redistricting Consultant, and bring the recommendation to the Board for approval. Motion carried and ordered; Commissioner Scarborough voted nay.

Commissioner Scarborough noted the composition should have included a larger group, including the Chairman of the School Board, Chairman of the Board of County Commissioners, two members of County staff, and Chairman of the Committee to be more outreaching and comprehensive.

APPROVAL, RE: IMPACT FEE TECHNICIAN POSITION

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize an additional position of Central Cashier to keep up the current pace of development and provide the quality service as expected for such a customer-service oriented task at an approximate cost of $30,411.83 annually, funded from the commercial impact administrative fees. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE AND ADDENDA WITH INLET GROVE
PARTNERSHIP, RE: LAND ACQUISITION FOR SOUTH BEACH COMMUNITY
PARK REFERENDUM PROJECT

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to execute Contract for Sale and Purchase with Inlet Grove Partnership, and authorize execution of Addenda as required for the purchase of the 60-foot strip of property allowing for a 120-foot entrance to the South Beach Community Park Referendum Project. Motion carried and ordered unanimously.

AUTHORIZE SUBMISSION OF NOMINEES TO GOVERNOR, RE: VACANCIES ON
CHILDREN'S SERVICES COUNCIL

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to authorize submittal of nominees Ernie Kessel, Sharon Underhill, Bernice Jackson, Sam Dettra, Jackie Fleener, Leigh Holt, and Leonard "Lee" Missavage to the Governor for the Children's Services Council vacancies created by the expiration of Ernie Kessel and Steve Bunker's terms. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - DR. ADDISON BAIN, SPACE COAST CLEAN CITIES
COALITION, RE: USE OF ALTERNATIVE FUEL VEHICLES BY COUNTY FLEET

Dr. Addison Bain, Chairman of Florida Space Coast Clean Cities Coalition, stated he is making this appearance in view of the Board's concern over potential threats to air quality in Brevard County and the desire to implement actions to preserve the County's good air quality; and he is here to provide awareness of the Coalition's activities and its services. He requested recommendations on how the County and Coalition can best work together to achieve common goals. He stated the Coalition is a national movement seeking to improve the quality of life by using clean burning and domestic fuels for transportation, a sector of the economy that is a major contributor to air pollution; the basis of the Coalition started about 10 years ago in Brevard County as an alternative fuels working group; it then became more organized under the auspices of the Florida Solar Energy Center funded by the Florida Energy Office; and in May, 1997, the group joined the Department of Education (DOE) Clean Cities Program and formed a Space Coast Coalition for East Central Florida comprised of nine counties. Dr. Bain stated on October 1, 1999, the Coalition was designated and authorized by DOE as the 75th National Clean Cities Coalition; it has formulated by-laws, Board of Directors, a program plan, brochures, and about 50 stakeholders; it is working to be a self-sustaining organization and not rely on State or federal funding, except for specific project implementation; and within the last 10 years, federal regulations have mandated goal requirements for implementation of alternative fuel vehicles (AFV). He noted the large cities, such as Atlanta, and the federal fleet such as GSA, were targeted; this progressed to the State level; now combined metropolitan and statistical areas (CMSA), with municipal and private fleets, are under scrutiny; and Brevard County, along with five other coalition counties, is on the CMSA list.

Dr. Bain stated in Brevard there are three compressed natural gas (CNG) stations in use; a methanol station is in experimental status, an ethanol station is in design, and there are three electric projects not available to the general public; however, a CNG station is nearing completion in Titusville, and will initially be used by the State, federal, and utility fleets, then open for the City, County, and public use. He stated the AFV implementation plan should be developed for the Brevard County fleet; prudent selection of fuels, types of vehicles, and fueling station sizes and locations is necessary; auto manufacturers are or will be providing a number of AFV choices; and the key is development of the fueling infrastructure, a costly item of the overall equation. He noted the infrastructure part of the plan should be leveraged by participation of local city and transit fleet organizations; as Chairman of the Coalition, it is his intention to coordinate with the other eight-member counties and propose similar action; as individual counties establish corridor infrastructures within their own county, it is not inconceivable that this will lead to county-to-county corridors, thus benefiting all; and the Coalition, facilitating these plans, can provide cross sharing of the issues and problems, and their solutions along the way. Dr. Bain stated the Coalition maintains awareness of the DOE and Environmental Protection Agency (EPA) activities regarding alternative fuels, provides representation at Clean Cities' conferences and meetings, conducts local AFV training workshops, and sponsors demonstrations of AFV's for the public; the development of a County AFV program should attract new jobs and commercial opportunities, some high-tech, which is

PERSONAL APPEARANCE - DR. ADDISON BAIN, SPACE COAST CLEAN CITIES
COALITION, RE: USE OF ALTERNATIVE FUEL VEHICLES BY COUNTY FLEET

compatible with Brevard County; and whether it is the County, cities, public, or private fleet operators, the local federal fleet, or maintaining the Coalition itself, resources become the most important issue at hand. He noted working together and planning ahead should minimize budgetary impacts; and the Coalition looks forward to participating in a development of a Brevard County AFV program.

County Manager Tom Jenkins suggested Assistant County Manager Stockton Whitten work with Dr. Addison Bain of Space Coast Clean Cities Coalition, to investigate use of alternative fuel vehicles to save energy and reduce pollution by County Fleet.

PERSONAL APPEARANCE - JASON S. VALAVANIS, RE: ALTERATION OF
SHORELINE BUFFER IN FUNCTIONAL WETLANDS

Jason Valavanis stated in 1995, he and his wife purchased a piece of property on South Tropical Trail that is split by such Trail; there is a shoreline piece and a piece of property for the house; in 1995, he contacted Brevard County staff; they told him that Brazilian pepper trees, which he had completely covering the shoreline, were a nuisance tree; and suggested he remove them if he wanted to protect the shoreline and plant indigenous trees and indigenous types of plants, such as palms or mangroves. He noted he hired a company to remove all the trees, which is probably a mistake; after two hurricanes, several strong storms and other rain, the shoreline has depleted tremendously to the point where the road was in danger; in 1996, he contacted Road and Bridge, which came out and stabilized the shoreline; and when he started building his home, he did not plant trees or plants, which was probably another mistake. Mr. Valavanis stated in 1999, a couple of hurricanes came through; a lot of shoreline has been taken away again; in December, 2001, he had coquina marl deposited onto the shoreline; and immediately he was contacted by Office of Natural Resources Management indicating he was in violation as he was doing it without a permit. He noted the St. Johns River Water Management District contacted him and told him of the process he had to go through to permit; he submitted an application to the District; he has agreed to plant red mangrove; and provided information and supporting documents to the Board. He stated the District has issued him a permit to proceed with the plan as long as he follows it, is supervised, and mitigates the shoreline with red mangrove; he was issued a nationwide permit by the U.S. Army Corps of Engineers for the same project; he fixed what he did wrong by not getting the permit; but he is still in violation of Brevard County Code, which keeps him from continuing the embankment revetment. Mr. Valavanis stated the revetment is called shoreline hardening; Sections 62-3668 and 62-3695 indicate unless altering the shoreline is in the best public interest and does not adversely impact water quality and natural habitat, that he cannot do it; there are also restrictions on fill; and if he does not do anything, Road and Bridge will come out and do it for him like it did in 1996. He requested the Board to acknowledge that this is in the best public interest.

Commissioner Higgs noted there is a process specific in the Code that says one has to demonstrate a number of things; the application talks about construction/alteration of surface water protection buffer areas; it is the responsibility of the applicant to provide Office of Natural Resources Management with clear and convincing evidence that the activity will not adversely impact water quality, result in the loss of shoreline, aquatic vegetation, adversely affect biological communities and adjacent property, increase the waterward extension, and adversely affect the water flow; and Section 2 requires that the applicant demonstrate, through clear and convincing evidence, that erosion has occurred, and clear and convincing evidence of properly designed, permitted and installed alternatives to shoreline hardening, which have failed to stabilize the shoreline, such as, but not limited to, establishment of native vegetation. She inquired if the applicant has provided such information to County staff; with Natural Resources Environmental Section Supervisor Debbie Coles responding negatively. Ms. Coles noted some of the information is located within the package; the applicant has demonstrated that there has been historical accelerated shoreline loss in the location, and it may be appropriate to approve a hardening project; however, the reason the issue is before the Board today is that development within the shoreline protection buffer is limited, such as fences, docks, boat ramps, pervious walkways, elevated walkways, and other approved accessory structures. She stated filling within the area constitutes an alteration; therefore, a development in her opinion.

Commissioner Higgs stated the County has the responsibility to permit a shoreline hardening project, but it cannot do it unless one has demonstrated they have done the other things; and inquired has Mr. Valavanis done that. Ms. Coles responded Mr. Valavanis has not provided an application or specific information on how the project will be designed so that it will not impact adjacent properties; but she has a depiction and cross section in the package; and they are issues that can be worked out. Commissioner Higgs inquired has the applicant provided clear and convincing evidence of properly designed, permitted, and installed alternatives to shoreline hardening, which have failed to stabilize the shoreline; with Ms. Coles responding negatively. Ms. Coles stated shorelines must exhibit one or more of the following criteria in order to be considered for alternatives other than the establishment of native vegetation; and the applicant has established that the shoreline has been experiencing "D", which is clear and convincing evidence of continuous historical accelerated shoreline loss greater than one-foot a year for the last 10 years. Commissioner Higgs noted item 3 talks about result in the loss of shoreline and aquatic vegetation, and inquired is it also part of this; with Ms. Coles responding affirmatively.

Chairman Carlson noted the applicant has received permits from the District and Army Corps of Engineer; it does not necessarily qualify Mr. Valavanis for putting in any sort of hardening; and a permit is needed from Brevard County, which has special rules.

Commissioner O'Brien stated Mr. Valavanis is showing what he wants to accomplish may be in the best public interest and does not adversely impact the water quality or natural habitat; he is going to improve the natural habitat by planting mangroves, which presently are not there; by doing so it would protect the County's road; and if it keeps eroding, the County will eventually start losing its road, and Road and Bridge would have to keep bringing fill. He stated Mr. Valavanis has the best idea for the problem that has existed along the road for a long time; he is meeting the best public interest and protecting his, the County's, and the public's assets; and such road takes a lot of traffic every day.

Chairman Carlson stated the County needs to be responsible for making sure the road is secure and is not going to get washed out; and the County and Mr. Valavanis need to work together and help each other out versus one taking the load on themselves.

Motion by Commissioner O'Brien, to request Jason Valavanis work with Road and Bridge to accomplish the task and make sure the road does not get washed out; and the County issue the permit.

Commissioner Higgs stated the Code says, "The County Local Planning Agency (LPA) shall hear appeals relating to any administrative decision or determination concerning implementation or application of the provisions of this division"; and inquired under what provision is the Board hearing this today. County Attorney Scott Knox responded he had the same question. Commissioner Higgs noted the Board has no provision to hear the item. Attorney Knox stated normally the Board does not take any action under personal appearances; and usually there is an application process that goes along with this kind of procedure that requires staff analysis, which he does not see.

Commissioner Higgs inquired has Mr. Valavanis completed the application; with Ms. Coles responding negatively. Commissioner Higgs stated Mr. Valavanis has neither been accepted or denied; if he is going to submit an appeal, there is a procedure for it; if the item is complete, it is Ms. Coles job to act on it; and if Mr. Valavanis does not like the decision, he can appeal. Ms. Coles stated if the application was submitted with the fill as it is now, she would have no choice but to deny it; the hardening project may be approvable; but the fill item would need to come to the Board.

Commissioner Scarborough inquired has the road issue been run through Road and Bridge; with Ms. Coles responding the Central District Road and Bridge Supervisor reviewed the property. Commissioner Scarborough requested staff provide a report to the Board; stated the County has rules that require the County to maintain roads for public safety purposes; and he would not want to see that set of rules sit out there independent of this.

Assistant County Manager Stephen Peffer stated Mr. Valavanis could obtain a permit from Office of Natural Resources Management for a shoreline hardening project at the point of the Current shoreline; what is making this difficult to approve is that Mr. Valavanis also wants to reclaim lost shoreline; it requires placing the fill out into the water; and staff cannot permit that without Board approval and determination that it is in the public interest.

Mr. Peffer inquired if the intent is for staff to get a determination from Road and Bridge whether additional fill is necessary to protect the road or whether the road would be satisfactorily protected with riprap at the point of the current shoreline; with Commissioner Scarborough responding affirmatively.

Commissioner Higgs inquired if the determination to allow the fill in the shoreline protection buffer requires the Board to make the public interest determination; with Ms. Coles responding yes, fill adjacent to Class II waters, outstanding Florida waters, and aquatic preserves.

The Board reached consensus to direct Natural Resources Environmental Section Supervisor Debbie Coles to work with Jason and Lois Valavanis to resolve their problem regarding alteration and fill of the shoreline buffer in functional wetlands; and obtain any necessary information from Road and Bridge concerning the road issue.

PERSONAL APPEARANCE - WAYNE GANDY, P.E., RE: WAIVER OF WAITING PERIOD
FOR RE-SUBMITTAL OF APPLICATION FOR REZONING

Chairman Carlson advised she has met with the engineer of record and the applicant. Commissioner Higgs stated they also called her office and she spoke to somebody.

Wayne Gandy, P.E., Senior Engineer of Law & Associates, Inc., representing Richard Beatty, owner of the property, stated the item came before the Board on May 3, 2001; and requested a waiver of the six-month waiting period before re-submittal of the application for rezoning on the property. He noted Mr. Beatty is the owner of Arpen of Melbourne and has recently acquired another moving and storage facility company that he wants to combine on the property; originally he came before the Board with a request for two development parcels, one being the moving and storage warehouse, and the second parcel being a mini-storage warehouse; and according to County Code, it requires BU-2 zoning. He stated the applicant has gone back to the drawing board and talked to staff and some of the Commissioners; and the Board has been sent drawings showing the new proposed development plan. Mr. Gandy stated Mr. Beatty is interested in developing the 5.07 acres as a moving and storage facility; the front part of the site would remain BU-1 zoning for the office and parking area; the back portion of the site would be a warehouse facility; and it would be light industrial. He noted all activities would occur inside; the back 170 feet would be developed as a retention pond; the applicant would preserve existing wetlands on the southwest corner of the property and stay out of the wetlands on the east side of the property; and the entire plan has been modified to preserve wetlands on the site. He noted because it is a light industrial and clean facility, it is a good neighbor project; the traffic impact will be minimal; adjacent to the property is AU zoning to the west and BU-1 zoning to the east; and there is single-family residential also to the east. He stated the proposal has less impact from the standpoint of traffic, utility, drainage, and pollution in terms of what BU-1 zoning would bring; Mr. Beatty is requesting BU-2 zoning; and reiterated the request for waiver of the six-month waiting period to reapply with a significantly changed proposal.

Chairman Carlson inquired is there any specific criteria in order to get a waiver. Zoning Official Rick Enos stated there is reference to the criteria in his memorandum, which is Section 62-1151, E.1 or E.2; and Mr. Gandy is making the application to the Board under Criteria 1, which states, "The new application constitutes a proposed zoning classification or conditional use of different character from that proposed in the denied or withdrawn application." Chairman Carlson stated she talked to the applicant and asked about different developments around the property; and he made a substantial effort at buffering.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve waiver of waiting period for Wayne Gandy, P.E., Senior Engineer of Law & Associates, Inc., representing Mr. Beatty, to apply for rezoning heard and denied by the Board on May 3, 2001 under different character. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE AND ADDENDUM WITH SHERRILL R. DOBBS,
RE: NORTH AREA CHAIN OF LAKES REFERENDUM PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Contract for Sale and Purchase and Addendum with Sherill R. Dobbs; authorize the Chairman to execute contract amendments as required; and authorize Parks and Recreation staff to obtain appraisals, surveys, environmental audits, title insurance, accept title exceptions where park improvements are not impacted, and proceed with land closing for the North Area Chain of Lakes Referendum Project. Motion carried and ordered unanimously.

RESOLUTION, RE: REVISING CITIZENS BUDGET REVIEW COMMITTEE RESOLUTION

Commissioner Colon requested the item be tabled to allow the members of the Citizens Budget Review Committee to give the Board some feedback.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to table resolution revising the Citizen Budget Review Committee Resolution No. 90-164, updating the mission and membership of the committee, to July 10, 2001. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - KENNETH A. WHITTAKER, PERSONAL REPRESENTATIVE
OF R. JACK SIMPSON ESTATE, RE: RELEASE OF LIEN ON COLUMBINE
PROPERTY

Kenneth Whittaker, Personal Representative of R. Jack Simpson Estate, stated there is a Contract on the property at 6863 Columbine Drive, Rockledge; there is a lien relating to an original violation; the Contract is approximately $9,000 and the County's lien is about $8,000; and there is an Internal Revenue Service (IRS) lien on the property. He noted as of today, the balance due that the Estate owes is $1,687,563; the IRS has the opinion that its lien is superior; and requested the Board release the lien so the property can be sold.

Commissioner Scarborough inquired who petitioned for probate, a beneficiary of the Estate or a creditor of the Estate. Mr. Whittaker responded he was not the original personal representative; and his impression is that a beneficiary petitioned for probate. Commissioner Scarborough inquired if the original personal representative petitioned for probate; with Mr. Whittaker responding affirmatively. Mr. Whittaker stated there was a co-trustee or co-personal representative; Co-America ultimately was the personal representative; and the judge saw fit to remove them and appoint him in their place. Commissioner Scarborough inquired if there would not be any distribution to beneficiaries; with Mr. Whittaker responding not that he is aware of. Commissioner Scarborough stated if there was going to be distribution to beneficiaries and there were other properties, it could satisfy IRS; and the County should hold on to its lien. Mr. Whittaker stated if he cannot get a release of the lien, the property will sit there; it will be a piece of property he cannot dispose of; and the IRS will liquidate it by bids or auction.

The Board took no formal action concerning the release of lien on 6863 Columbine Drive, Rockledge, Florida.

AUTHORIZATION TO SEEK INJUNCTIVE RELIEF AGAINST BARBARA PARSONS AND
CHARLES LINDBURG CARTER, RE: ZONING AND BUILDING CODE VIOLATIONS
AT 6795 SOUTH TROPICAL TRAIL, MERRITT ISLAND

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant authorization to seek injunctive relief against Barbara Parsons and Charles Lindburg Carter for Zoning and Building Code violations at 6795 South Tropical Trail, Merritt Island. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE SETTING FORTH
REQUIREMENTS FOR CHANGE OF USE OF COMMERCIAL PROPERTIES

County Attorney Scott Knox stated staff needs to do additional work on the item.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct staff to bring back the ordinance setting forth requirements for change of use of commercial properties with suggestions regarding the change of use aspect only. Motion carried and ordered unanimously.

AMENDMENT TO CONTRACT AGREEMENT WITH CENTRAL BREVARD HUMANE
SOCIETY, RE: SOUTH SHELTER NEUTERING CLINIC

Commissioner Colon requested staff explain the amendment to contract agreement with Central Brevard Humane Society.

Animal Services and Enforcement Interim Director Randy Jackson stated all animals will be spayed or neutered before they leave the Shelter; there are two exemptions added in the Amendment; one is that a Florida licensed veterinarian who the individual has an ongoing relationship with can provide the services; the Central Brevard Humane Society will have the animal in custody and transport it to the veterinarian for the services and bring it back; and the adoption will be held until that happens. He noted the other exemption is that the Society has some veterinarians who provide no cost spay and neuter services.

Motion by Commissioner Colon, seconded by Commissioner O'Brien, to execute Amendment to Contract Agreement with Central Brevard Humane Society establishing the criteria for spay or neutering of all animals adopted from the Central and South Shelters. Motion carried and ordered unanimously.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 6:48 p.m.

ATTEST:
__________________________________
SUSAN CARLSON, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
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SCOTT ELLIS, CLERK

(S E A L)