December 18, 2001

The Board of County Commissioners of Brevard County, Florida, met in regular session on December 18, 2001, at 5:30 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O'Brien, Nancy Higgs, and Jackie Colon, County Manager Tom Jenkins, and County Attorney Scott Knox. Absent was: *Commissioner Susan Carlson.

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

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

REPORT, RE: BUSINESSES ON SR A1A NEAR PATRICK AIR FORCE BASE

Commissioner O'Brien stated a lot of businesses along SR A1A north and south of Patrick Air Force Base (PAFB) have been affected by the closure of the road; the proposed opening of SR A1A is January 9, 2002; and it is not a definite date, but the goal of PAFB to open the road by then.

REPORT, RE: DONATION BY ZION CHURCH

Commissioner Colon stated Zion Church in Palm Bay has given the City of Palm Bay a park with a beautiful playground and tables; the park is open to the community; and expressed appreciation to Zion Church for the donation.

REPORT, RE: FUTURE PLANS FOR PALM BAY AREA

Commissioner Colon stated Hank Simon is present to discuss future plans for the City of Palm Bay.

Hank Simon, representing the Palm Bay Area Chamber of Commerce, explained the concept map of the Greater Palm Bay area; stated the proposed corridor study would include Malabar Road to the Florida Turnpike; it is 24.4 miles; and it would hook into a proposed beltway that would run to I-95 to the north and into the airport. He noted to the south, the road would run to I-95 somewhere south of Palm Bay; the concept is a connection to the world from Palm Bay; the two green areas shown on the map are the floodplain areas for the St. Johns River Water Management District; and there will be two lakes. He noted the lakes will be a great area for recreation, fishing, and a water feature to the west of Palm Bay off of Malabar Road; the black area on the map is the regional park of 200 acres which the County is developing; and the area next to Malabar Lakes is the area the County has chosen for a transfer station. Mr. Simon

REPORT, RE: FUTURE PLANS FOR PALM BAY AREA

stated the area is between two residential areas; the Malabar Lakes Subdivision has stated to the City that as the area is developed, it will be annexing the homes into the City; the Chamber has seen what has happened in the area over the last 40 years; and if the population continues to grow, the Melbourne/Palm Bay metro area may be serving 400,000 over the next 40 years. He noted the City has to plan for the future; the Chamber encourages the Board to look to the future; and it is not asking for something that is going to be a five-year plan, but to look to the next 30 to 40 years, including where are the people going to go, shop, and how are they going to get around the greater community. Mr. Simon stated the Chamber hopes the Board will take the concept plan into consideration when it is going to place the transfer station; south of the City is the Blackhawk Quarry, which is heavy industry; everyone talks about how roads are needed in the south, but all the jobs are north and east of Palm Bay; and in the morning, roads are jammed with everyone to getting out of the northwest section of Palm Bay to go to jobs that are north and east of their homes. He noted jobs are needed south of Palm Bay; the City can alleviate the problem of having to widen the roads from four lanes to six lanes and double- decking them to try to get people in two corridors to go north if jobs can be provided to the south; and encouraged the Board to review this issue as it does planning in the future.

*Commissioner Carlson's presence was noted at this time.

REPORT, RE: MEMORANDUM FROM DR. HESHMATI ON OVERALL HEALTH IN
BREVARD COUNTY

Commissioner Carlson stated she received a memorandum from Dr. Heshmati advising that Brevard County was the top-ranked county in overall health among Florida's nine largest metropolitan counties, which are Orange, Pinellas, Broward, Palm Beach, Miami-Dade, Hillsborough, Duval, and Polk Counties; and that it is below the average ranking for community resources, meaning number of physicians and nurses per 1,000 population as well as number of available acute care hospital beds. She provided copies of the memorandum to the Board members.

LETTER TO REPRESENTATIVE RANDY BALL, RE: INCORPORATION OF PORT ST.
JOHN

Chairman Scarborough stated it is beyond Brevard County's ability to put incorporation of Port St. John on the ballot; the report is finished and it is in the Legislature; there is an interim period in which the County has to agree to sell services; and Maureen Rupe touched base with Representative Randy Ball. He requested Ms. Rupe advise the Board on what is needed.

Maureen Rupe stated there is a transitional period between the city council being elected and the contracts; and Mr. Ferraro can elaborate on the issues.

Carmine Ferraro stated in the feasibility study that was presented to the Legislature, there was mention of a memorandum of understanding from the County that was supposed to be attached; and such memorandum would include that services would be provided to Port St. John in the interim period and that Port St. John is in the process of negotiating services on a contractual basis.

Chairman Scarborough stated the Board understands the transitional period; and inquired what is needed at this moment. Mr. Ferraro responded a basic letter is necessary, which says that the County will continue to provide services at the current level of service that Port St. John now receives as an unincorporated area through the transitional period from November, 2002 to February 5, 2003.

Commissioner Higgs stated in watching some cities and towns that have incorporated, the period of transition and initial formation have been rocky; the County needs to try to resolve those issues; there have been misunderstandings and questions about revenues and other things that have occurred; and the County Manager and County Attorney need to review the legal issues.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to authorize the Chairman to send a letter to Representative Randy Ball agreeing to provide services to Port St. John during the transitional period at the current level, if the voters approve incorporation, with said transitional period being November, 2002 to February 5, 2003, when elected officials will preside over its first meeting. Motion carried and ordered unanimously.

APPROVAL, RE: NEW YEAR'S EVE HOLIDAY

Chairman Scarborough stated normally when the County has a day before a holiday, the Board gives its employees the day off as well; and it would be appropriate to approve December 31, 2001 as a holiday.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to approve December 31, 2001 as a holiday for County employees. Motion carried and ordered unanimously.

LETTER TO MAYOR ED GEIER, RE: ANNEXATION

Chairman Scarborough provided copies of a draft letter to Mayor Ed Geier, City of Palm Bay, concerning annexation of property at the northeast corner of Valkaria Road and Babcock Street; and stated he wants to make sure it meets with everyone's approval.

The Board acknowledged receipt of draft letter from Chairman Scarborough to Mayor Ed Geier, City of Palm Bay, on annexation of approximately 20 acres at the northeast corner of Valkaria Road and Babcock Street, and made no changes to the letter.

LETTER TO UNIVERSITY OF CENTRAL FLORIDA, RE: HYDROGEN RESEARCH

Chairman Scarborough requested permission to send a letter to the University of Central Florida; stated the University received an $8 million grant to do hydrogen research; hydrogen is dealt with more at Kennedy Space Center than any other place; and there is some concern that it could be dissipated by all the state universities throughout the state.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to authorize the Chairman to send a letter to the University of Central Florida, which received an $8 million grant to do hydrogen research, to make it aware that Kennedy Space Center deals with more hydrogen than any other place. Motion carried and ordered unanimously.

REPORT, RE: RESOLUTION FROM CLARENCE ROWE

Chairman Scarborough stated Clarence Rowe faxed to him a resolution being offered by the Cocoa Beach Area Chamber of Commerce regarding activities at Brevard Community College; and requested additional information be obtained on the issue.

REPORT, RE: APPOINTMENT TO ZONING BOARD OF ADJUSTMENT

Commissioner Carlson stated a lot has been done concerning the Sawgrass issue and school overcrowding; her current appointment to the Zoning Board of Adjustment is Tim Jelus, who is a principle of Sawgrass and other companies; it did not seem appropriate to reappoint him; he has served three years in an objective manner and brought professionalism to the Board; and she will be appointing Gordon Prentice to replace Mr. Jelus under III.F.3 on the Consent Agenda.

RESOLUTION, RE: AMENDING FEE SCHEDULE FOR PARKS AND RECREATION
DEPARTMENT

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Resolution amending Resolution No. 98-309, pursuant to the provisions of Chapter 78, Parks and Recreation, Code of Ordinances of Brevard County, Florida; establishing the schedule of fees, charges and the manner of collection of fees and charges for Brevard County Parks and Recreation facilities; repealing the prior schedule of fees and charges; providing for severability;
providing an effective date. Motion carried and ordered unanimously.

Commissioner Higgs requested a report in January, 2002, on camping fees and other fees around the community to determine what the going rate is for camping.

UNPAVED ROAD AGREEMENT WITH LISA AND MANUEL POVEDA FOR SERNA
AVENUE (EXTENSION B)

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute Unpaved Road Agreement with Manuel and Lisa Poveda for issuance of a building permit off Serna Avenue (Extension B). Motion carried and ordered unanimously.

CERTIFICATION OF STAFF SERVICES AGREEMENT, RE: BREVARD MPO

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute the Certification of Staff Services Agreement with Brevard MPO through December 31, 2002. Motion carried and ordered unanimously.

ACCEPTANCE OF DEED FROM BUD AND MARY CAROL CRISAFULLI FOR ROAD
RIGHT-OF-WAY WEST OF EAST CRISAFULLI ROAD

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to accept a Deed from Bud and Mary Carol Crisafulli for a road right-of-way west of East Crisafulli Road located in Section 26, Township 23S., Range 36E., to be used as an access road for ditch maintenance. Motion carried and ordered unanimously.

RESOLUTION, RE: INITIAL ASSESSMENT FOR THE WOODLANDS OF LAKE
WASHINGTON WATERLINE EXTENSION MSBU

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to adopt an Initial Assessment Resolution ordering the acquisition and construction of assessable improvements consisting of construction of a potable water system including all pertinent facilities, all within the unincorporated area of Brevard County, Florida, District 4, known as The Woodlands of Lake Washington Waterline Municipal Service Benefit Unit; providing a description and location of said assessable improvements; establishing a description and location of all real property benefited by said assessable improvements and subject to special assessment for the cost thereof; notice of the Board's intent to impose the assessments; determining real property abutting upon or adjacent to said assessable improvements will be specifically benefited by the construction of said improvements and the portion to be assessed against specially benefited abutting or adjacent real property; determining and providing for the manner and method of computing such special assessments; providing for the publication of this Resolution; and providing an effective date. Motion carried and ordered unanimously.

AGREEMENTS WITH TITUSVILLE, COCOA BEACH, MELBOURNE/PALM BAY, AND
PALM BAY AREA CHAMBERS OF COMMERCE, RE: TDC 2002 CATEGORY A
PROMOTION AND ADVERTISING GRANTS

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute Agreements with Titusville, Cocoa Beach, Melbourne/Palm Bay, and Palm Bay Area Chambers of Commerce for the 2002 Category A, Promotion and Advertising Grants of $25,000 each. Motion carried and ordered unanimously.

AMENDMENT NO. 1 TO AGREEMENT NO. WAP010 WITH DEPARTMENT OF
ENVIRONMENTAL PROTECTION, RE: EXTENDING TIME OF COST SHARE
AGREEMENT FOR REMOVAL OF INVASIVE PLANTS

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute Amendment No. 1 to Agreement No. WAP010 with Department of Environmental Protection, extending time of cost share Agreement for removal of invasive plants. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, RE:
EMERGENCY AND SHELTER CARE RESIDENTIAL AND FOSTER CARE
BEDS AT COUNTRY ACRES CHILDREN'S HOME

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute Agreement with Florida Department of Children and Families for emergency and shelter care residential and foster care beds at Country Acres Children's Home; and authorize the Chairman to execute any amendments, renewals, revisions, and addenda related to the Agreement upon approval by the County Attorney and Risk Management. Motion carried and ordered unanimously.

AMENDMENT NO. 1 TO AGREEMENT WITH THADDEUS COHEN, ARCHITECT, RE:
HARRY T. AND HARRIETT V. MOORE MEMORIAL PARK

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute Amendment No. 1 to Agreement with Thaddeus Cohen, Architect to provide additional services for development of Harry T. and Harriette V. Moore Memorial Park at $14,000. Motion carried and ordered unanimously.

AGREEMENT WITH MERRITT ISLAND REDEVELOPMENT AGENCY, RE: MAINTENANCE
AND OPERATION OF MERRITT ISLAND INTRACOASTAL WATERWAY PARK

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute Agreement with Merritt Island Redevelopment Agency (MIRA) for maintenance and operation of Merritt Island Intracoastal Waterway Park from January 30, 2001 to January 30, 2008. Motion carried and ordered unanimously.

APPROVAL, RE: NAMING BROKEN GLASS PROPERTY AS VALKARIA COMMUNITY
PARK

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve naming the
Broken Glass property as Valkaria Community Park. Motion carried and ordered unanimously.

AMENDMENT TO EXISTING AGREEMENT WITH LAST HOLE LLC, GEORGE BURY,
RE: CONCESSIONAIRE AT SPESSARD HOLLAND GOLF COURSE

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute Amendment to Agreement with Last Hole LLC, George Bury, as concessionaire at Spessard Holland Golf Course to change the name of the vendor. Motion carried and ordered unanimously.

ASSIGNMENT OF OPTION TO PURCHASE WITH THE NATURE CONSERVANCY, RE:
ACQUISITION OF MCLELLAN PROPERTY

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute the Assignment of Option to Purchase with The Nature Conservancy for acquisition of four lots owned by Charles and Joan McLellan located in the Ten-Mile Ridge region of the Brevard Coastal Scrub Ecosystem. Motion carried and ordered unanimously.

WAIVER OF SURVEY REQUIREMENT WITH STIPULATIONS, RE: EEL LAND
DONATIONS OR PURCHASES

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to waive requirement for the landowner or the County to obtain a survey on properties with a tax assessed value of less than $100,000, which are either being donated to or acquired by the EEL Program within approved Brevard County Florida Forever Project boundaries. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE, RE: 800 MHz JAGUAR PORTABLE RADIOS AND
ASSOCIATED EQUIPMENT

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve the purchase of 62 800-MHz Jaguar portable radios and associated equipment from Fire Rescue Reserves at $100,749.38 from Communications International, Inc. Motion carried and ordered unanimously.

APPROVAL OF REVISED POLICY BCC-21, RE: BUDGET AND FINANCIAL

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve the revised BCC-21, Budget and Financial Policy. Motion carried and ordered unanimously.

RESOLUTION, RE: ACCEPTING PROOF OF PUBLICATION AND THE LEGAL
DESCRIPTIONS OF AMENDED COMMISSION DISTRICT BOUNDARIES
AND ADOPTING THE BOUNDARIES

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to adopt a Resolution of the Board of County Commissioners of Brevard County, Florida, amending Resolution No. 01-390, accepting the recommendation of the Brevard County Redistricting Committee for the establishment of County Commission District Boundaries in the year 2001; providing for acceptance of legal descriptions of new district boundaries; providing for acceptance of proof of publication; providing for severability and providing for an effective date. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: MELBOURNE-TILLMAN WATER CONTROL DISTRICT'S
AUDIT FOR FY 2000-01

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to acknowledge receipt of the Melbourne-Tillman Water Control District's Annual Financial Audit Report for year ending September 30, 2001. Motion carried and ordered unanimously.

AUTHORIZATION TO INITIATE ADMINISTRATIVE REZONING AND SETTLEMENT
AGREEMENT, RE: HILDRETH V. BREVARD COUNTY

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to authorize initiating administrative rezoning to BU-2 on a parcel, which is the subject of litigation in Hildreth v. Brevard County, and a Settlement Agreement be presented to the Board at the same meeting where the administrative rezoning is considered. Motion carried and ordered unanimously.

APPROVAL OF REQUEST FROM SHERIFF'S DEPARTMENT, RE: USE OF FORFEITURE
FUNDS FOR REPLACEMENT RADIOS

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to authorize the use of $125,000 from Forfeiture Fund 6030 to purchase replacement radios. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to appoint Dr. Chris Fenton to the Medical Services Review Committee, with term of appointment expiring December 18, 2002; Greg Cronk to the Medical Services Review Committee, replacing Kathy Weaver, with term of appointment expiring December 31, 2002; Frances Salerno to the South Mainland Library Advisory Board, replacing Owen C. Gallagher, with term of appointment expiring December 31, 2002; David Andersen to the Historical Commission, replacing Greg Jones, with term of appointment expiring December 31, 2002; Gordon Prentice to the Zoning Board of Adjustment, replacing Tim Jelus, with term of appointment expiring December 18, 2002; and reappoint Gerald Lafferty to the Extension Advisory Council, with term expiring December 31, 2002; Anselmo Baldonado to the Economic Development Commission, with term of appointment expiring December 31, 2002; Fernanda Safarik to the Library Board, with term of appointment expiring December 18, 2002; Carol Hurst and Fritz Kawohl to the Library Board, with terms of appointment expiring December 31, 2002; Jerry Jagrowski to the Suntree-Viera Parks Committee, with term of appointment expiring December 18, 2002; Linda Madyda to the Animal Enforcement Dangerous Dog Hearing Council, with term of appointment expiring December 18, 2002; Kelli Jo Strabley to the Animal Enforcement Dangerous Dog Hearing Council, with term of appointment expiring December 31, 2002; Sharon Savastio to the Environmentally Endangered Lands Procedures Committee, with term of appointment expiring December 18, 2002; Rich Grambling, Jonnie Swan, and Rocky Randels to the Environmentally Endangered Lands Procedures Committee, with terms of appointment expiring December 31, 2002; Ruth Santomassino to the Country Acres Advisory Board, with term of appointment expiring December 18, 2002; Cheryl Lawson-Young to the Country Acres Advisory Board, with term of appointment expiring December 31, 2002; Frank Kunze to the Veterans Memorial Park Advisory Board, with term of appointment expiring December 18, 2002; Gary Hanlin to the Marine Advisory Council, with term of appointment expiring December 18, 2002; Troy Rice, Wayne Mozo, Doug Jaren, and George Reynolds to the Marine Advisory Council, with terms of appointments expiring December 31, 2002; Yvette Caruthers to the Community Action Agency Advisory Committee, with term of appointment expiring December 18, 2002; Reverend Edward Buckner to the Community Development Block Grant Advisory Board, with term of appointment expiring December 18, 2002; Michael McDonald to the Community Development Block Grant Advisory Board, with term of appointment expiring December 31, 2002; Eddie Carr and Jerry Jagrowski to the Planning and Zoning Board, with terms of appointments expiring December 18, 2002; Edwina Davis, Pat Richardson, David Matte, John Daignault, Michael Selig, and Aneta Ott to the Planning and Zoning Board, with terms of appointments expiring December 31, 2002; Pat Boatwright, Izeal Battle, and Zola White to the Cocoa West Community Center Advisory Committee, with terms of appointments expiring December 18, 2002; Kim Zarillo to the Citizen Budget Review Committee, with term of appointment expiring December 18, 2002; Reverend Canon Kite-Powell, Patsy Shearer, and Elizabeth Armistead to the Central Brevard Library and Reference Center Advisory Board, with terms of appointments expiring December 18, 2002; Loretta Wilson to the Central Brevard Library and Reference Center Advisory Board, with term of appointment expiring December 31, 2002; Dr. Samuel Del Rio to the Medical Services Review Committee, with term of appointment expiring December 31, 2002; Stephanie Elley to the West Melbourne Public Library Board, with term of appointment expiring December 31, 2002; Joe Sekera and Cleave Frink to the Personnel Council, with terms of appointments expiring December 31, 2002; Dee Scavelli to the Palm Bay Regional Park Advisory Board, with term of appointment expiring December 31, 2002; Mary Redmond to the Employee Benefits Advisory Committee, with term of appointment expiring December 31, 2002; Carlos Colon to the Veterans Memorial Park Advisory Board, with term of appointment expiring December 31, 2002; Tom McGill to the Community Based Organization Funding Advisory Board, with term of appointment expiring December 31, 2002; Mike Stieber and Lou Howard to the Public Golf Advisory Board, with terms of appointments expiring December 31, 2002; Jerry Phillips and Harold J. Fuller to the Building and Construction Advisory Committee, with terms of appointments expiring December 31, 2002; Dan Faden, Robert Doucette, and Bill Baer to the Valkaria Airport Advisory Board, with terms of appointments expiring December 31, 2002; Eddie Carr, Jr., Bonnie Decaro, and Sharon Savastio to the Metropolitan Planning Organization Citizens Advisory Committee, with terms of appointments expiring December 31, 2002; Kevin Smith, Ed Dean, and Clyde Thodey to the Zoning Board of Adjustment, with terms of appointments expiring December 31, 2002; Jerry Jagrowski, Mary Ann Kise, and John Corelli to the Parks and Recreation South Service Sector Area Advisory Board, with terms of appointments expiring December 18, 2002; Mary Geoltz to the Parks and Recreation South Service Sector Area Advisory Board, with term of appointment expiring December 31, 2002; Joan Madden and Dr. John O. Potomski, Jr. to the Brevard County Commission on Aging, with terms of appointments expiring December 18, 2002; Joe Steckler, Christine Schnitzer, Bob Fritz, and Joanne Farley to the Brevard County Commission on Aging, with terms of appointments expiring December 31, 2002; Beverly Jones and Barbara Barnett to the Brevard County Commission on the Status of Women, with terms of appointments expiring December 18, 2002; Maria Apolinaris, Enid Naranjo, Marcia B. Mario, and Cindy Flachmeier to the Brevard County Commission on the Status of Women, with terms of appointments expiring December 31, 2002; Bob Gross, Ada Parrish, and Elaine Liston to the Historical Commission, with terms of appointments expiring December 18, 2002; David Paterno, Yvonne Shingler, Jim Culbertson, Douglas Hendriksen, and Brooks Humphrys to the Historical Commission, with terms of appointments expiring December 31, 2002; and George Reynolds, Joe DeMes, Richard Corsillo, Dan Dvorak, and Doug Jaren to the District 2 Canal Dredging Committee, with terms of appointments expiring December 31, 2002. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

PUBLIC HEARING, RE: REQUEST FOR AMENDMENT TO VESTED SITE PLAN FOR
AQUARINA PUD

Chairman Scarborough called for the public hearing to consider request for amendment to vested site plan for Aquarina PUD.

Attorney Robert Beals, representing the applicant, expressed appreciation to the Board, County staff, and other parties involved for helping solve some vexatious problems and come to an agreement as late as 4:30 p.m. today on the disposition of certain properties; stated this is an amendment to a vested site development plan; it is a co-application and the parties on the application include Petris, which owns Tidewater II, the parcel of land vacant immediately south of Tidewater I in Aquarina; and the other applicant is TransNation, a Company owned by the founder of Aquarina, Albert Kramer. He stated the joint application is done for the purpose of transferring one unit of density from the 30 approved units on Tidewater II to the 110 feet in the beach plat, which Mr. Kramer wishes to use and owns as TransNation, to build a single-family residence; there is no density on the beach plat and a transfer is necessary; the application by Petris requests that the transfer be made; and the 30 units will be reduced to seven units on Tidewater II and one unit on the beach plat. Attorney Beals stated also included in the request is an opportunity for Tidewater II to have seven single-family residential units built there, a 25-foot variance in the Coastal Construction Setback Line for both parcels, and a waiver of the open space requirement in the Planned Unit Development for Mr. Kramer's 110-foot single-family residence. He provided information to the Clerk, including a letter to Commissioner Higgs from IRD requesting the Board approve the item; stated IRD is the owner of the beach plat, with TransNation; the second item is conditions for withdrawal or objections to agenda item IV.A. by Aquarina Residents Association, Inc.; and these agreements were reached today with one open item that hopefully will be resolved tomorrow. He stated the third document is from Mr. Catterton, representing the Aquarina residents, which is signed by SeaGrape, TransNation, and Petris, and agrees to their future support of the homeowners in connection with the ultimate development of the beach plat, which has the beach club and vacant land on it.

Ed Fleis, representing SeaGrape Manor Associates, Inc., purchaser of the property, stated construction started on the site in 1983; a second Tidewater building was under construction and the pilings and grade beams were put in; at that time the construction stopped; and it has come back to the Board for an amendment and is presently vested for a 30-unit condominium. He noted the site plan that was approved was for six stories over one level of parking; the change is going from the condominium to seven single-family homes on the site; and originally the Aquarina Oceanfront was approved for 114 residential units. He noted on the north side of Aquarina, as part of the PUD approval, Aquarina donated a 150-foot parcel as a public access; next to it is the Stage 1, Tract 2, which has two 24-unit condominiums; Tidewater I was built, which is six stories over parking; and SeaGrape is requesting to amend the south part of the property to seven single-family homes. Mr. Fleis stated immediately south is what is called Stage 4, Tract 6; the north 300 feet were purchased by the Conservation Fund; the south 218 feet were approved by the Board for acquisition as conservation open space; and the Aquarina Beach Club tract is owned by Indian River No. 1 developers, except for the south 110 feet, which are owned by TransNation. He noted on the north 99 feet, one of the agreements that has been reached is that a 99-foot easement in perpetuity has been granted to the homeowners of Aquarina; south of the Beach Club tract is Seahawk Subdivision, which is 11 single-family lots; and TransNation has joined in the application. He stated the specific request is to amend the vested site plan from a 30-unit condominium to seven single-family homes and transfer one unit to the 110-foot parcel; the Beach Club is a commercial recreational tract; the 110 feet would still be a commercial tract; and this is for the purpose of transferring the unit so that when rezoning of the parcel is pursued, there is a residential unit on the parcel.

Mr. Fleis stated in preparing the application, the applicant addressed the criteria of Section 62-507; the parameter was re-evaluated and meets the criteria for approval; the density has been reduced from 30 units to eight units, which brings it closer to the one unit per acre in the Comprehensive Plan; and this reduction reduces the traffic by 60%, solid waste by 73%, and single-family residential would be more compatible with the existing residential north and south of the property. He noted part of the criteria is that the applicant has to demonstrate that at least one parameter within the concurrency review is reduced by at least 30%; traffic and solid waste are reduced by substantially more than 30%; there are several issues that came up; and on the north side of Tract A, there was a letter from some individuals in Tidewater I concerning encroachments from the accessory structures of the pool that project five feet into the property. He stated the applicant proposes to create Tract A, which is separate from the seven single-family lots; ownership of the Tract would be determined at some time in the future; the beach access issue was an issue before that has been resolved; and concerning shoreline hardening, there has been an agreement signed by all parties. Mr. Fleis stated this particular parcel does not include the oceanfront; there is a common property that is on the ocean side of Tidewater I; it has been quit-claimed to the Condominium Association; and the Association, Petris Group, Indian River No. 2 Developers, and SeaGrape Manor will not cause any effort to harden the shoreline. He noted the applicant requested a waiver from the Coastal Construction Setback Line; it falls within the exemptions of Ordinance No. 85-17; and requested the Board acknowledge the exemption or waive the 25-foot the Coastal Construction Setback Line. Mr. Fleis stated staff has raised the question of whether open space is an issue on the south 110 feet parcel owned by TransNation; it is part of a commercial tract, which makes it very unusual as open space; there are a number of compensating factors here; and originally 150 feet were dedicated as public access. He noted the lands that have been bought by the Conservation Fund and Brevard County will become part of a conservation tract and open space; when the open space was originally developed for Aquarina, it was at a time when the PUD was being developed and there was limited extra space for open space; since that time, through amendments of the PUD, the densities have been drastically reduced in Aquarina; and it was done in 1983. Mr. Fleis stated the open space has been greatly increased by the development of a golf course on the west side; and he hopes the Board will recognize that the open space could be waived if it is an issue.

Attorney Van Catterton, Jr., representing Aquarina Residents Association, Inc., stated the Association is in agreement and has reached a resolution on the issues that Attorney Beals described; what the Association has agreed to in return for withdrawing its objections are two conditions relating to two easements, including the beach access easement and the marina easement to the west; and Attorney Robert Frazier, who represents Indian River Developers, is in agreement with the conditions, with the exception of the bottom paragraph. He noted Attorney Beals and his clients are in agreement with the text and substance of the beach access easement; a beach easement has already been recorded in favor of the Master Association; the Association has requested a couple of modifications; and it is a grant of a perpetual exclusive access easement for the members of the Master Homeowners Association. Attorney Catterton stated the agreement can only be modified or terminated by written agreement between the parties; one of the parties is the Master Association; the Association's concern was that when the developer or a subsequent developer came in and controlled the Master Association, whether by more than a majority of units owned in the subdivision or by virtue of a right to appoint directors, that the owner's intentions and wishes would not be reflected; and the Association has asked for and received from the parties an agreement that the existing recorded easement will be modified with the first new paragraph that the easement will not be terminated without prior approval of a majority of the owners of residential units. He noted the second paragraph applies the same concept to any potential reduction of the size, scope, or nature of the easement; and Indian River Developers has agreed that the size of the easement will never be reduced, and the scope and nature would not be modified without prior approval of a majority of the owners of residential units. Attorney Catterton stated there are two similar paragraphs in the marina easement; his client's concern was that there was nothing in the declaration or documentation of record to provide the owners with access to the 1,000-foot pier; the attorneys for Indian River Developers and Attorney Beals have prepared an easement which is 99% completed; and the Association has received agreement from Attorneys Frazier and Beals that the easement will contain the first two paragraphs, which include no termination without prior approval of a majority of the owners of residential units and the right of use of the dock, which was inadvertently omitted in the original document. He noted there is agreement that the easement will be signed with modifications and recorded before December 31, 2001; the bottom paragraph relates to the size and scope of the marina parcel or easement property that is to be the subject of the agreement; and the reason there needs to be further discussion on it is because the legal description, which was attached to the draft of the marina easement, may require further review and the exclusion of certain property. Attorney Catterton stated he has included verbiage on sheet 6 of the exhibit to the easement that the easement is contingent on further revision to exclude about one acre of property; and he provided a copy to Chairman Scarborough.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to grant additional time for Attorney Catterton to complete his comments. Motion carried and ordered unanimously.

Attorney Catterton stated if the Board grants the request, the Association would ask that the Board include as conditions the two easement matters.

Mr. Fleis stated D. J. Snap, the owner of one of the principles, has made an offer that, with the Board's approval of the amendment to the vested site plan and the transfer, he would be prepared to donate the remaining 22 units to the County.

Commissioner Higgs inquired since the parties are still working on the language for the beach and marina easements, can the Board's approval of any of the items be contingent on those being acceptably worded and recorded before January 31, 2001; with County Attorney Scott Knox responding affirmatively. Commissioner Higgs inquired is there any problem in moving forward and the applicant complying with open space requirements; with Planning and Zoning Director Mel Scott responding staff has no concerns. Commissioner Higgs stated there is a letter from Debbie Coles in regard to the requirements and setback from the Coastal Construction Line; the original PUD was done prior to the Coastal Construction Ordinance; it is the opinion of the County Attorney that it would apply and no variance or further action would be needed; and only the recognition that the letter is in place is necessary. Attorney Knox stated the letter would be incorporated into this proceeding.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Colon, to accept the amendment to the vested site plan involving Aquarina PUD, to allow a 30-unit condominium of Tidewater II to be replaced with seven single-family homes and one unit on the south 110 feet known as the beach club tract; that the seven residences be obligated to use four driveways as access points onto A1A; that there will be created a Tract A over the north eight feet of Tidewater II parcel; and that the assurances in the deed restrictions would deny any shoreline hardening or armoring on the parcels, all contingent on acceptable language for the beach and marina easements being recorded prior to December 31, 2001. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: REQUEST BY WILFRED E. AND SANDRA LUMB FOR VARIANCE
TO BREVARD COUNTY COASTAL SETBACK LINE

Chairman Scarborough called for the public hearing to consider request by Wilfred E. and Sandra Lumb for variance to Brevard County Coastal Setback Line.

Ed Fleis, representing the applicant, stated on October 16, 2001, the Board denied the variance; the request has been modified; perhaps the major reason the Board denied the variance was due to a request for mitigation of the anticipated impacts; and he was not prepared to discuss mitigation as he had not consulted with the owner of the property. He advised Mr. Lumb is present this evening if there are any questions that need to be addressed; his applicant has evaluated a number of site issues; and he hopes what has been presented at this point in time will be acceptable. He advised there is an existing house, which was built in 1959; its location is primarily seaward of the Brevard County Coastal Setback Line; the owner of the property wants to add to the house; and the total addition is going to the west side toward the road. Mr. Fleis stated there is no construction that is proposed seaward of the house; all of it is proposed west; but because the building is located as much as eight feet seaward of the Brevard County Coastal Setback Line, his client has requested a variance for the addition. He stated the applicant has gone through the criteria and indicated by what is allowed in Ordinance No. 85-17, that the rate of erosion allows the variance; the proposed mitigation that has been discussed and presented is that there will be no armoring or hardening of the ocean shoreline; the elevated dune structure right now only extends partially across the vegetated dune with a dirt pathway; so it is impacting the plants. He stated there is very extensive ground cover to the seasonal mean high water line; his client would put in an elevated boardwalk to protect the vegetation; where there are barren areas of any vegetation, his client would plant sea oats; all pepper trees would be eradicated from the area; the dune vegetation would be maintained; and there is a structure there that would be removed. Mr. Fleis advised the aforementioned is the mitigation proposed to offset any anticipated impacts; the request meets the criteria for a variance; the Board is concerned about any variances; but this building is located west of the existing building.

Commissioner Higgs stated one of the things that was not discussed was a date for replacement of the dune crossover; and inquired what is the date it would be accomplished. Mr. Fleis stated the dune crossover could be done with a field order; and the time to do it is before turtle season, which is between now and the end of April, 2002.

Commissioner Higgs stated the construction that the applicant is requesting is all to the west of the existing structure; and there is no new construction.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Colon, to approve the variance for Wilfred E. and Sandra Lumb to the Brevard County Coastal Setback Line, subject to the Lumbs being required to secure permitting, and construct a new raised crossover consistent with State standards; there will be no accessory uses applied for or constructed east of the Coastal Construction Line; the deed restrictions would be required for the current owner and their successors to maintain native vegetation of the dune and prohibit the current owners or their successors in interest from armoring or hardening the shoreline; and the Lumbs agreeing to relocate the pumps and remove the non-native vegetation that is in the dune area as well as plant sea oats as described by Mr. Fleis and described on the information given to the Board. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: FIRST READING OF ORDINANCE AMENDING ZONING CODE
PER UPDATED FUTURE LAND USE ELEMENT

Chairman Scarborough called for the public hearing to consider first reading of ordinance amending the Zoning Code per updated Future Land Use Element.

There being no comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Higgs, to forward the ordinance amending the Zoning Code to maintain consistency with the updated Future Land Use Element to the final public hearing on January 8, 2002. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: EMERGENCY ORDINANCE SUSPENDING CERTAIN
REGULATIONS ON TEMPORARY SIGNS IN UNINCORPORATED AREAS
NEAR PATRICK AIR FORCE BASE

Chairman Carlson called for the public hearing to consider an emergency ordinance suspending certain regulations on temporary signs in unincorporated areas near Patrick Air Force Base.

Commissioner O'Brien stated the SR A1A closing has caused a tremendous negative impact on many of the small industries or stores throughout Cocoa Beach and Avon-by-the-Sea, which is unincorporated Brevard County; the City of Cape Canaveral and City of Cocoa Beach have allowed individuals to use some signage that presently is against the County's Ordinances; and this is an emergency ordinance to allow temporary signs in the unincorporated areas.

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Colon, to adopt Emergency Ordinance of Brevard County, Florida, suspending certain limitations in Chapter 62, Article IX, Section 62-3317, temporary signs and Section 62-3306 permits generally; providing for area encompassed; providing for interpretation of conflicting provisions; providing for severability; providing for an effective date. Motion carried and ordered unanimously.

PUBLIC INTEREST DETERMINATION, RE: NORTH NIKOMIS CANAL MAINTENANCE
DREDGING

County Manager Tom Jenkins stated the applicant's attorney advised staff today in writing that the applicant is withdrawing the request.

The Board withdrew the request for a public interest determination for North Nikomis Canal Maintenance Dredging, as requested by the applicant's attorney, from the agenda.

Commissioner Higgs requested staff provide a report to the Board regarding disposal of dredge material, where it can be placed, and what issues are involved that the Board may need to consider in looking at canal maintenance dredging in the future. She stated a survey the Board requested showed the County property abuts a residential area and structures on what was a drainage ditch years ago, and has minor docks and some other things on it that the Board bought as part of a community park; and requested a report on the state of that property be sent to the Board.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to direct staff to provide a report to the Board regarding disposal of dredge material, where it can be placed, and what issues are involved that the Board may need to consider in looking at canal maintenance dredging in the future; and the state of the County property that the Board purchased as part of a community park. Motion carried and ordered unanimously.

DIRECTION, RE: REQUEST FOR PROPOSAL #P-2-02-07, HELICOPTER FOR
MOSQUITO CONTROL

County Manager Tom Jenkins stated the proposed item was discussed at the Board's last meeting; there were two bids and one bid was not opened because it was delayed by the delivery company; the Board requested staff re-agenda the item; and the County received a letter from American Eurocopter indicating it has no objections to the Board accepting the proposal from Bell Helicopter, does not want to delay the process any further, and is prepared to compete against Bell's proposal. He noted the Board had a concern about setting a precedent; the only justification it would have under these circumstances is that there were only two bidders and the other bidder agreed to waive that problem; it gives the Board some justification; and the advantage to doing it this way is it would speed up the process.

Gary Mock, representing Bell Helicopter, stated since Eurocopter has sent a letter withdrawing its objection, Bell Helicopter hopes it would be favorable to accept its proposal as it stands; there was concern at the last Board meeting that if Bell Helicopter's proposal or all proposals were rejected, whether his Company would object to allowing Eurocopter to see Bell's proposal; and in all sense of fairness, Bell Helicopter would not object to it if all proposals were rejected. He noted if Bell's proposal is accepted, it becomes a moot issue at that point as it becomes public information; if the Board elects to reject Bell's proposal, his Company would consider it proprietary at that point and would ask for the proposal to be returned; and the original proposal is still in the care and custody of the Purchasing Department and has not been opened.

Mark McAfee, representing American Eurocopter, stated the reason his Company sent the letter was because it noted from the last meeting that Eurocopter's timely bid would probably not be the sole bid that would be accepted, and the original bid that Bell Helicopter had sent in was not opened; and Eurocopter would like to see the process not delayed any further.

Commissioner O'Brien expressed opposition to purchasing a helicopter from Eurocopter as it is made in France; stated France denied the United States access to fly across its country; and many Americans are losing their jobs due to the September 11, 2001 disaster, so the Board should purchase American-made products and equipment. He noted the Board should request Mosquito Control Department to look for American-made products; and he feels strongly about it.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to acknowledge receipt of letter from Eurocopter that it has no objection to accepting Bell's proposal; accept Bell's unopened proposal on the basis only one proposal was received on time and sole source may cost the taxpayers more for the helicopter, it will speed up the process, and it will save time and cost to proposers and the County; and direct staff to evaluate the proposals as set forth in the proposal package. Motion carried and ordered; Commissioners O'Brien and Colon voted nay.

Commissioner Scarborough stated the risk with this is if the County had only one sole source bid, the taxpayers could end up paying considerably more for the helicopter; it is not the issue at this time; but it is one of the concerns the County will get into as it goes to limiting competition from foreign sources. Commissioner O'Brien stated the County could have gone out for re-bid and asked American helicopter manufacturers to bid; and if staff had pushed it, the County would have seen responses from other companies.

REPORT, RE: AQUACULTURE AMENDMENTS

Nicholas Hill, representing Rol-Nik, Inc., stated he has an aquaculture facility; when he was establishing it, he had BU-1 zoning; and now it is his understanding it is not accepted.

Chairman Scarborough requested staff comment on the issue.

Zoning Official Rick Enos stated the report provides two different options; in both options, the aquaculture nursery and sales would be permitted from BU-1 or BU-2; Option 1 does same; and Option 2, in addition to permitting the sale of the nursery products from the site in BU-1 or BU-2, would also remove the Conditional Use Permit for a Case II aquaculture from residential classifications.

Mr. Hill reiterated his concern that when he applied for his permits it was as a BU-1 zoning and it was all right to do his aquaculture business at that time in that zoning classification; depending on what the Board does today, someone may not be able to have an aquaculture business in BU-1 zoning as a new industry; and he is trying to speak on something without knowing what the Board is going to decide.

Mr. Enos stated Mr. Hill has an aquaculture nursery or hatchery in BU-1 zoning; the Zoning Code does not specifically speak to aquaculture in commercial zoning; the purpose of the ordinance is to place the use specifically in the BU-1 and BU-2 zoning classifications; it has been done by interpretation in the past; and this would specify that use in BU-1 or BU-2 zoning.

Chairman Scarborough inquired is Mr. Hill going to be able to continue his operation; with Mr. Enos responding affirmatively. Chairman Scarborough noted rather than adversely affecting Mr. Hill's operation, it is going to further legitimize his operation. Mr. Hill inquired if he has to move his facility, will he be able to re-institute it at another BU-1 zoning location; with Mr. Enos responding affirmatively.

Commissioner Higgs stated there may be some conditions, so Mr. Hill needs to follow how the issue transpires. She inquired if someone is currently operating a business that is licensed, are there grandfathering provisions that would apply. Mr. Enos responded if someone was operating now under a proper license and the Code changed in such a way that he or she could no longer meet any new conditions, the use would become a non-conforming use; the person could continue to operate at the current location; but if he or she were to move to a different location, the new location would have to meet the new conditions.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to acknowledge receipt of the report on amendments to the Zoning Code for aquaculture leases; and direct staff to amend Case II by adding the retail sales component and deleting the CUP in residential classifications. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING
SECTION 62-1404, TR-3 SETBACKS

Vincent Taranto, representing Holiday Haven, stated there are three different items, including the setback to multi-family; the setback right now is 50 feet from TR-3 to multi-family and residential; what staff is recommending is to reduce the multi-family from 50 feet to 20 feet; and he has no problem with it. He noted the second item is the setback from the drives; in the regulations now there is a 20-foot setback to roads or private streets; the amendment would bring in what the majority of TR-3 has, which are the drives; and they are not private roads as they have been built to the standards of public roads.

Mr. Taranto submitted pictures to the Board for its review showing 10-foot setbacks in the park. He stated the 10-foot setbacks allow for an ample distance from the drive that goes through the park to a given structure; the park is 30 years old and has worked extremely well over the years; one of the biggest concerns is safety; and staff has recommended 15 feet, but he supports 10 feet for the setbacks as it is ample distance. He noted all the streets and angles of the homes are one way in his park; and 10 feet works out extremely well as far as clearance.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to extend the time for Mr. Taranto to complete his comments. Motion carried and ordered unanimously.

Mr. Taranto stated the majority of parks in Brevard County are retirement parks; the vehicles that are used are usually the type that are accommodating to seniors, which are smaller vehicles; the other item is for open porches; and such porches in a section of the planned unit development are allowed 10 feet from the road. He noted staff has recommended 10 feet; but six feet is ample in an open porch situation.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to grant permission to advertise a public hearing to consider an ordinance amending the TR-3 setbacks with no
numbers so full discussion can take place and Mr. Taranto can make his case. Motion carried and ordered unanimously.

The meeting recessed at 7:05 p.m. and reconvened at 7:19 p.m.

INFRASTRUCTURE CONTRACT WITH JOHN C. FARRELL, RE: KINGS PARK, PHASE 5

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to execute Infrastructure Contract with John C. Farrell guaranteeing improvements in Kings Park Estates, Phase 5. Motion carried and ordered unanimously.

AGREEMENT WITH DARRELL R. LEGG, RE: USE OF GO-KART AREA AT SPACE
COAST COMMUNITIES SPORTS COMPLEX IN SHARPES

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to execute Agreement with Darrell R. Legg for use of the Go-Kart area at Space Coast Communities Sports Complex in Sharpes, from January 6, 2002 through January 5, 2003, at $100 a month. Motion carried and ordered unanimously.

AUTHORIZE TEMPORARY LOAN, RE: SOUTH REACH BREVARD COUNTY SHORE
PROTECTION PROJECT

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to approve a temporary loan from General Revenue Funds of $315,000 to be added with existing TDC Beach Improvement Funds, and authorize necessary budget change requests for the Brevard County Shore Protection South Reach Project. Motion carried and ordered unanimously.

REPORT, RE: SOUTH REACH PROJECT

Virginia Barker, Natural Resources Management Office, stated today the County opened bids for the South Reach Project; the bids came in extremely competitive and very low; they were approximately $5 million less than staff anticipated; and the County will have Great Lakes Dredge and Dock again, the vendor who successfully completed the North Reach Project ahead of schedule and under budget. She noted the Company is ready to get started as fast as the Corps of Engineers will possibly move; Board approval for the item for the temporary loan will allow staff to move the money into the account so the Corps can award by Friday; and hopefully, sand will be moving by the second week of January, 2002.

APPROVAL, RE: INVESTMENT POLICY

Chairman Scarborough requested Stephen Burdett elaborate on the discussions that took place between them concerning Item 15a., Page 12, Performance Measures, Short-Term Investment Reporting.

Finance Director Stephen Burdett stated the suggestion he made on Item 15a. was that it needs to include all the investments. Chairman Scarborough stated there need to be two reports that can be meshed together as one report.

David Alexander stated the language "short-term funds" could be added and would also have a report, as well as the long-term funds; and the two reports would be assimilated together as one report.

Chairman Scarborough inquired is it the Board's intention that the word "staff" include a representative from the Clerk's Office on the Committee; with County Manager Tom Jenkins responding staff has no objections.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to approve the Investment Policy with a change to add "short-term funds" as well as long-term funds in a report and the two reports be assimilated together as one report; and include a representative from the Clerk's Office on the Committee. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH WEISER SECURITY SERVICES, INC., RE:
EXTENDING SECURITY SERVICE

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to authorize the Chairman to execute an Amendment to Agreement with Weiser Security Services, Inc. to provide security screening service at Moore Justice Center, Titusville, and Melbourne Courthouses, and after-hours security at the Government Center and Government Center North.

RESOLUTION, RE: TAX ABATEMENT APPLICATION FOR INTERSIL CORPORATION

Chairman Scarborough stated the applicant had some employees who were laid off; the County is doing an abatement for new employees; and requested Greg Lugar address the item.

Economic and Financial Programs Director Greg Lugar stated a company in Finley, Ohio, which is affiliated with Intersil, is closing its doors; there is the potential of that company coming to Brevard County to work out of the old Harris Semiconductor facilities that Intersil currently is occupying and working out of; the Board has never provided Intersil a tax abatement; so there are no benchmarks established for any layoffs previously; and there would be 125 new jobs added to the company. He noted this would be an abatement for entirely new capital facilities; it would not be an abatement of existing facilities and/or capital items; and the company is going to make an investment of approximately $9 million.

County Manager Tom Jenkins stated the Board could create a standard that had a measurement that if a company had laid people off within the last "x" number of months, it would not necessarily be eligible; and it is something the Board could consider.

Chairman Scarborough stated he would like to proceed with the resolution and have Mr. Lugar review the issues in a broader sense. Mr. Jenkins noted the Board is not abating the existing facility, but a new facility; therefore, it is a commitment.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution qualifying Intersil Corporation as an eligible business under the County's Tax Abatement Program; and authorize a public hearing to consider an exemption ordinance.

Clarence Rowe expressed concern with the Resolution; stated he would like to plant a seed, which is September 11, 2001; it appears to get everybody's attention one way or the other; and there are a lot of foreclosure notices in the Florida TODAY newspaper. He inquired what can the County expect to get in reference to measuring a particular gain; stated Brevard County has had companies come in and fold or lose their eligibility; he is not sure what the end result was when the people lost their eligibility or what was beneficial to the County; and it is $740,000 per year being put into the organization that attracts these particular businesses. Mr. Rowe noted the $740,000 is taxpayers' money; and inquired what is Brevard County getting for such funds. He requested information pertaining to the specific number of employees that will be hired, their positions, and their salaries per hour; and that the workforce include individuals in the low

RESOLUTION, RE: TAX ABATEMENT APPLICATION FOR INTERSIL CORPORATION

income, and slum and blight areas, who can some day become self-sufficient and taxpayers contributing to the economic base of the community. He expressed concern with livable wages, jobs with some opportunity, upward mobility training, etc.; stated it is very important; and he hopes staff can come up with some answers and responses.

Commissioner O'Brien stated tangible results are a much broader picture; every time in the State of Florida when there was a recession or something else happened, the unemployment rate in other counties was five percent or four percent; Brevard County was 7 ½% or 8 ½%; now the tables are turned because the County has created jobs; and as layoffs continue in the space industry and other places, Brevard County has been able to diversify its economy a lot better than it has been before. He noted the County has very low unemployment; the Tax Abatement Program has been very effective; the people of Brevard County went to the polls and voted in favor of the Program; and the Board is under mandate by the citizens to do the Program. Commissioner O'Brien stated tangible results are easy to look at when looking at the unemployment rates in Brevard County; the Board cannot just stop doing this because it wishes to do so; it is mandated by the people through referendum to do so; and there is training for people who need it or want it to try to get a different kind of skill than they presently have.

Commissioner Colon stated the Economic Development Commission (EDC) had its Contract on the Board's last meeting agenda; the Board said it would hold the Contract for another 120 days so that it would be able to come up with more measurements; and due to September 11, 2001, a lot of things have changed, not just in Brevard County but throughout the nation. She noted the statistics in the West Cocoa area are showing some improvements; Mr. Rowe could meet with herself and Lynda Weatherman to talk about the issues; she has invited Mr. Rowe to be part of the discussions; and she hopes in January, 2002, they can meet. Commissioner Colon stated there will be 272 jobs in the Palm Bay area; the average salary is $25,000 annually; she would be happy to discuss the educational issues with Mr. Rowe; and it has to be a partnership, not just from government, but the churches and organizations throughout the community. She noted education has to be from within; it is a two-way deal; the people in the West Cocoa area have to want to be educated; and she will be more than happy to talk to community leaders.

Mr. Rowe stated he is poor and one of the individuals who lives in the slum and blight areas; he has been there from a child to a grown man; very little has changed; and job opportunities are not readily available. He noted a lot of jobs are part-time without a livable wage and very little upward mobility; African Americans and the less fortunate knew about September 11, 2001 long before it ever happened because they live it; there are more foreclosures now; and it is impacting a lot of people on the upper level. He stated everyone has something to contribute at the table; it is a matter of giving it up and not being self-centered; everybody is being hurt throughout the United States of America; and the people he is talking about have been hurting all their lives.

Commissioner Colon stated she is extremely sensitive to this issue as she grew up in the inner city; the American dream is given to everybody, regardless of what color they are; there are people who want to get out of the slums and others who do not; and the educational opportunities are being given to these individuals.

Commissioner Colon reiterated she is sensitive to the issue as she was not born with a silver spoon in her mouth; she expects it to be a two-way street; and she would like to meet with Mr. Rowe to discuss who wants to be helped and who does not.

Commissioner Higgs stated the referendum which passed on November 8, 1994, authorized the Board to grant economic development exemptions, but did not mandate it; the County's Ordinance talks about the discretion of the Board to allow these exemptions to go forward; and the referendum expires in 10 years and would have to be renewed.

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

DISCUSSION, RE: CHANGE IN CODE OF ORDINANCES, SECTION 78-122

Mark Nelson, representing Avon By The Sea Residents Association, stated the Association is a group of homeowners and residents within the unincorporated section of Brevard County between Cape Canaveral and Cocoa Beach; one of the committees has participated in the proposal and the group is in favor of it; the Association is speaking mostly in terms of people sleeping on the beaches; and it is a real concern in the area. He noted there are no public restroom facilities or water fountains within the eight-block section; there are literally people that live there night after night; and the proposed ordinance addresses the issue very well.

Commissioner Carlson stated she was not able to talk to Freda Schildroth, but Ms. Schildroth left her a memo requesting the issue be discussed with the new Commission on Homelessness and Mental Health Community Solutions; and inquired did Commissioner O'Brien touch base with Ms. Schildroth.

Commissioner O'Brien responded he did not get a chance to speak with Ms. Schildroth, but tonight the Board is asking for an amendment to the Ordinance; he will make a motion for permission to advertise a public hearing to consider the ordinance; there will be plenty of time to make any appropriate amendments; and the Board needs to move this along because the problem is paramount.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to authorize the County Attorney to advertise a public hearing to consider an ordinance amending Section 78-122, relating to sleeping or camping on the beaches or other public areas.

Commissioner Higgs stated she would like to see the amendment drafted and come back to the Board, including the implications in a staff report before the public hearing is advertised.

Commissioner O'Brien stated the amendment reads, "Between the hours of 10:00 p.m. and 5:00 a.m. the following day, no person shall sleep or camp on any beach, dune, beach access (dune crossover), sidewalk, parking lot, or other public area of the County, and no person shall sleep in any vehicle upon any County street, public right-of-way, County property, beach access parking area, parking lot, or any other public property, except in designated camping areas and other areas for which special events permits have been approved"; if the Boy Scouts want a permit, they can go to Parks and Recreation to get one to go to the beach for one night; and they could stay overnight and clean up after themselves.

Commissioner Higgs stated the County Attorney's Office usually drafts the ordinance, along with all the other materials that go with it; and she would like to see that, including the final wording and a staff report on the implications or alternatives before it is moved to public hearing.

Commissioner O'Brien stated this is an amendment to an Ordinance, which is already in place; that is all that is being sought; and the Board is not looking at a whole new ordinance.

Chairman Scarborough stated he, Ms. Schildroth, and a group of people went to Macclenny last Wednesday to see the mental hospital there; the hospital has been closed on the west coast of Florida; Brevard County has less beds and longer waiting time; and expressed concern that the issue is like the County's jail, there are people in it, somebody is on the waiting list, people are getting out, and it is not taking care of the problem. He noted as the mental health system breaks down, there is going to be a greater percentage in the prisons; the mentally ill in the prison system today is 17%; there are going to be more homeless individuals; and some of these things are not going to work with ordinances. Chairman Scarborough stated there is a failure of some fundamental systems in the State; there are going to be continued problems; he would like to get a report from staff on the bigger problem; and reiterated there is a problem in the State.

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

Commissioner Higgs stated the County needs to proceed and deal with the problem, but she wants to see the draft ordinance prior to going to public hearing. Commissioner Carlson stated staff could bring back a report on the issues and integrate it in with the ordinance; it will move up the problem, as it is a problem; and if the Board stalls on trying to do something about the issue, it is injurious to the community as a whole. She noted there needs to be a report on how the County can transition the people off the beach into some other venue and not into the malls or anything else. Commissioner Higgs stated she would like the County Attorney's Office to provide a report on the language, including its input on the draft ordinance. Commissioner Carlson stated the Homelessness and Mental Health Community Solutions group also needs to provide its comments. Commissioner O'Brien stated The Coalition for the Homeless received a grant for approximately $1 million; some of the solutions are coming up; and the County needs to start taking care of the present problem.

PERSONAL APPEARANCE - VINCENT TRIPODI, RE: POOL ENCLOSURE PERMIT
FOR 228 DEER RUN ROAD, PALM BAY

Vincent Tripodi stated he is trying to apply for a permit for a pool enclosure in the 25-year floodplain; and inquired why a pool enclosure does not fall under Section 3, Exemptions, where swimming pools, fences, and other structures were exempted.

Assistant County Manager Peggy Busacca stated the County inadvertently overlooked it.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to authorize issuance of a permit to Vincent Tripodi to construct a pool enclosure on his property at 228 Deer Run Road, Palm Bay. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - CHRISTOPHER W. FOX AND DANIELA S. FOX,
RE: PERMIT FOR EXISTING BARN

Daniela Fox stated she and her husband are requesting a permit for a barn that has been on their property for five years; they received a permit to build a house and did so; and they were told by the County that since their barn did not have a concrete floor or electricity, they did not need a permit. She noted Code Enforcement later contacted them and said a permit was required; and they are in the 25-year floodplain.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to authorize issuance of a permit to Christopher W. Fox and Daniela S. Fox for an existing barn and grant exemption from the 25-year floodplain moratorium. Motion carried and ordered unanimously.

DISCUSSION, RE: CHANGE IN CODE OF ORDINANCES, SECTION 78-122

Commissioner Higgs stated Section 78-122 that is going to be included in the language deals with Parks and Recreation; and requested the County Attorney find the right place to insert the language. Commissioner Carlson stated she would assume that the County Attorney would take a look at exactly where is the most appropriate place. Chairman Scarborough stated that is why it is good to bring these things back before they are advertised; and if something is advertised and it was wrong, the County has to go back and re-advertise something totally different. Chairman Scarborough inquired does the Board want a report or not. Commissioner Carlson responded the County Attorney needs to do the homework to make sure, if there is going to be an ordinance, that he is putting the language in the right place.

PUBLIC COMMENT - FRANCK KAISER, RE: PERIMETER BUFFER ORDINANCE

Franck Kaiser, representing the Homebuilders and Contractors Association, expressed concern regarding adoption of the 15-foot Perimeter Buffer Ordinance; stated he was not aware that the Ordinance was on the agenda two weeks ago; and requested the Board reconsider its position on the Perimeter Buffer Ordinance. He noted a workshop was held on the issue; there were a number of concerns that the Ordinance would not work the way it was written as it was too simple and a blanket Ordinance; and there were concerns about drainage, fire problems with leaving the 15-foot buffer in a natural state, breeding mosquitoes in low and wet areas, a cover for crime around communities, and the cost of maintenance for the buffer. He noted the Association thought the concept was addressed in other ordinances or changes proposed to existing ordinances; when it was tabled, the Association was under the assumption it was going to go back to staff, another ordinance was going to be drafted, or existing ordinances were going to be reviewed to change and address it better than the blanket Ordinance that was adopted; and the blanket buffer will not work in all situations and is not "one size fits all." Mr. Kaiser stated the Association wants to have buffers and open spaces; it wants to prevent dust from blowing into adjacent communities; there are silk screens that can be used for that; and instead of having a perimeter buffer, there could be a larger easement or something that could be part of the lot that would be a deeper lot on the outside and maintained and landscaped. He noted there are better approaches which would prevent some infill projects; and the Association respectfully requests that the Board abate enforcement of the Ordinance and rescind it in favor of a reasonable ordinance that will work. Mr. Kaiser stated the Association has discussed the issue with staff; and it is in agreement that it is willing to bring forward another ordinance that would address the issues that the Board is concerned with in terms of dust at job sites, open space, etc. He reiterated the blanket Ordinance will not work in a lot of cases; and it will not accomplish what the Board wants to accomplish, depending on the particular topography of a particular subdivision.

Commissioner Carlson inquired did the Association have input to staff when it drafted the Ordinance that came before the Board two weeks ago. Mr. Kaiser stated the original ordinance was discussed at the workshop and Board meeting; it was tabled; staff was going to come back with a revised ordinance and permission to advertise a public hearing; and instead of doing that, the Board adopted the original Ordinance.

County Manager Tom Jenkins stated the Association provided input to the Buffer Ordinance that was provided to the Board when it considered the Ordinance; however, at the time the Board was considering the Buffer Ordinance, the Association and others were anticipating that the land alteration modifications would take the place of that; and the Association was not expecting the Buffer Ordinance to go forward. Mr. Kaiser responded that is correct.

Chairman Scarborough noted the County is proceeding with what Mr. Kaiser wants; with Assistant County Manager Peggy Busacca responding that is correct. Ms. Busacca stated Mr. Kaiser is asking that in the meantime, new subdivisions not be required to have the 15-foot buffer put in. Commissioner Higgs inquired does the County have an implementation date in the new Ordinance; with Ms. Busacca it is typically 10 days, and it has been 14 days. Commissioner Higgs noted the Board could grant permission to advertise a public hearing to consider amendments to the Land Clearing Ordinance; it would get the process moving; it gets the County closer to the position where it would have the changes in the new Ordinance; and perhaps that will be the point at which the Board would abate or have in place something that is acceptable, instead of the blanket 15 feet that the Association does not support.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to grant permission to advertise public hearing to consider amendments to the Land Clearing Ordinance.

Commissioner O'Brien stated under Board policy, it cannot take action on a public comment. County Manager Tom Jenkins stated under public comment, that is correct; the only exception the Board may have in this case is that Mr. Kaiser was scheduled as a personal appearance the last time; the meeting was over earlier than Mr. Kaiser expected; and he missed the personal appearance. Chairman Scarborough stated it is not a final action as the issue is coming back; and it is moving something forward. Mr. Jenkins stated the item is not coming back as an advertised ordinance, but a draft ordinance. Commissioner Carlson noted it is only permission to advertise a public hearing; and the Board is only moving it along. Chairman Scarborough noted it is not a substantive action item and authorizes staff to proceed; and the Board frequently does it. Mr. Jenkins stated this is nothing more than referring the item back to the next agenda; and it is just a format issue and procedural matter. Commissioner O'Brien stated he is not opposed to the motion, and is just saying that under the Board's own rules, he does not believe it can take action under public comment.

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

PUBLIC COMMENT - CLARENCE ROWE, RE: HARRY T. AND HARRIETTE V.
MOORE JUSTICE CENTER

Clarence Rowe stated he has addressed the official name of the Harry T. and Harriette V. Moore Justice Center to the Board; it agreed that would be the official name; for some reason it appeared that it was pre-planned to call it the Moore Justice Center; and when the signs were erected on I-95 and throughout the community, it said "Moore Justice Center", even within the facility itself. He noted he brought it to the attention of the Board; the signs were changed to Harry T. and Harriette V. Moore Justice Center; and he noticed in the printing of tonight's agenda that it says "Moore Justice Center." Mr. Rowe advised Harry T. and Harriette V. Moore Justice Center is the official and legal name for that particular facility; he recently had a meeting with Florida TODAY because it has a tendency also to call the facility the Moore Justice Center; and requested in the future that the Board insure that the Harry T. and Harriette V. Moore Justice Center gets its proper dignity. He noted he is very sensitive about the Moores; if somebody was as sensitive about Maxwell King Theatre and Kennedy Space Center as he is about the Moores, then they too would be here; and inquired what is the sense in naming something in honor of someone and it be short-circuited where it has no significance or meaning. Mr. Rowe stated he wants to ensure that the name Harry T. and Harriette V. Moore Justice Center has its validity.

WARRANT LIST

Upon motion and vote, the meeting adjourned at 8:20 p.m.

ATTEST:
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TRUMAN SCARBOROUGH, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
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SCOTT ELLIS, CLERK

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