The Board of County Commissioners of Brevard County, Florida, met in regular session on March 21, 2000, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Sue Carlson and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Pastor Bruce Turner, Central Baptist Church, Melbourne, Florida.

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

APPROVAL OF MINUTES

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve the Minutes of November 9, 1999 Regular Meeting, January 20, 2000 Special/Workshop, and December 7, 1999 Special Meeting of Barefoot Bay Water and Sewer District Board. Motion carried and ordered unanimously.

DISCUSSION, RE: LIABILITY ISSUES

Commissioner Voltz stated she has a report from Assistant Public Works Director Ed Washburn to County Manager Tom Jenkins regarding someone who was killed on Valkaria Road because they hit a concrete mailbox; and while the County does not allow these things on its rights-of-way, there are quite a few of them out there. She inquired what is the County's responsibility and liability with these issues.

County Attorney Scott Knox stated it is staff's considered opinion that the County does not have any liability as it does not permit these things in the right-of-way; and if people put their mailboxes up with concrete, it is something they do at their own risk and on their property, and they are the ones responsible.

Commissioner Voltz inquired would it be covered under Code Enforcement if the County does not allow it; with Attorney Knox responding yes, but he is not sure the County has any regulations that would prevent it. Commissioner Voltz stated she is not sure if there is anything the County wants to do about it or not, but she was concerned.

Commissioner O'Brien stated some neighborhoods demand these types of mailboxes be placed in front of every house in the subdivision; and although it is a tragedy, the County should leave it alone.

DISCUSSION, RE: LIABILITY ISSUES

Commissioner Voltz stated the County has a moral responsibility to let people know it is dangerous to have those types of mailboxes out there.

STAFF REPORT, RE: HABITAT FOR HUMANITY

Commissioner Carlson requested the item be tabled for two weeks as Habitat for Humanity has not had an opportunity to review it.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to table staff report concerning Habitat for Humanity until the April 4, 2000 Board meeting. Motion carried and ordered unanimously.

STAFF DIRECTION, RE: USE OF OVERLAY DISTRICTS TO ALLOW INDUSTRIAL ACTIVITIES IN COMMERCIALLY ZONED AREAS ADHERING TO PERFORMANCE STANDARDS

Commissioner Carlson requested a time certain at 10:30 a.m. for Item VI.A.2. as there are a few individuals in the group who want to comment.

Chairman Higgs stated the Board can try to do that; and generally time certains are done in advance. Commissioner Carlson stated it was an oversight on her part.

RESOLUTION, RE: SUPPORTING HOUSE BILL 561 AND SENATE BILL 316, MODIFYING SAFETY BELT USE LAW

Commissioner Carlson stated while it is a requirement to wear a seat belt, a driver in violation may not be stopped and cited unless there is another primary reason for the vehicle being stopped; and House Bill 561 and Senate Bill 316 are under consideration right now and would make the failure to wear a seat belt the primary reason for stoppage. She read the resolution aloud to the Board and audience.

Motion by Commissioner Carlson, seconded for discussion by Commissioner Higgs, to adopt Resolution supporting a primary enforcement provision to the State's Safety Belt Use Law as proposed in House Bill 561 and Senate Bill 316.

Commissioner O'Brien stated although he believes in the seat belt law, he does not feel the police officers should be pulling people over solely because they are not wearing a seat belt; in

RESOLUTION, RE: SUPPORTING HOUSE BILL 561 AND SENATE BILL 316, MODIFYING SAFETY BELT USE LAW

some cases, it gives some policemen the empowerment to pull people over for a different purpose; it is not voluntary compliance at this time; and it is a law that one has to buckle up. He noted to make another law allowing policemen to stop cars and give tickets because people are not buckled up drains policemen from their ultimate purpose, whether it be traffic or investigations; and he cannot support it.

Commissioner Voltz stated she cannot support the motion either.

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

Traffic Engineering Director Dick Thompson stated last Wednesday was the monthly meeting of the Community Traffic Safety Team in Brevard County; this issue was brought before the Team at that time by the Department of Transportation's representative; as a parent, what he observed over his life is that children look to the adults for leadership; this Bill would perhaps give some credibility to the need for the seat belts and encourage better usage of them which would, in turn, be a lesson learned by the children that it is important to wear the seat belt; and it is important to send the correct message to the children about the usage of seat belts.

DISCUSSION, RE: FEDERAL BANKRUPTCY COURT

Chairman Higgs stated yesterday she was invited to a meeting at Congressman Dave Weldon's Office and appreciates the opportunity to learn about what the Office has been doing in regard to Federal Bankruptcy Court; and Brian Chase of Congressman Weldon's Office is present to explain what is happening and what has been initiated in Brevard County.

Brian Chase, representing Congressman Dave Weldon's Office, stated bankruptcy cases are the most common type of federal case in Brevard County; the people involved have to travel to Orlando for all phases of those cases right now; the Central Florida Region has the dubious honor of being the second highest in the Nation in handling bankruptcy cases, the first being the Los Angeles area; and he is pleased to announce that starting in early Summer, the U. S. Bankruptcy Court will begin holding hearings at the Viera Courthouse. He stated this is good for the residents of Brevard County and anyone in the Region who needs to have some phase of their bankruptcy cases held here locally and saves them a drive to Orlando.

Chairman Higgs stated the coordination with Judge Preston Silvernail and other judges, and the Bar Association has brought a good service to Brevard County.

Mr. Chase advised they appreciate the Board's efforts which helped secure the support to bring cases here.

RESOLUTION, RE: SUPPORTING SHRINERS AND ELKS NO COST CHILDREN'S SCREENING CLINIC

Commissioner O'Brien read aloud a resolution supporting the Shriners and Elks No Cost Children's Screening Clinic on April 22, 2000; and presented it to George Little, Richard Henry, and Tom Sullivan, representing the Shriners and Elks.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution supporting the Shriners and Elks No Cost Children's Screening Clinic on Saturday, April 22, 2000, at the Shrine Center, 1591 W. Eau Gallie Boulevard, Melbourne, Florida. Motion carried and ordered unanimously.

Commissioner O'Brien advised of the various services provided by the Shriners and Elks, and the assistance provided to his son, who was born crippled; and stated the Shriners and Elks are wonderful people. Chairman Higgs stated this is a wonderful opportunity for parents and children to get some needed medical services; and Brevard County appreciates everything the Shriners and Elks have done for so many years.

A representative of the Shriners stated they need everyone's help to find the kids who need assistance; and if they can improve the quality of life for one child, their time is very well spent.

RESOLUTION, RE: PROCLAIMING APRIL, 2000 AS KNOW YOUR NEIGHBOR MONTH

Chairman Higgs read aloud a resolution proclaiming April, 2000, as Know Your Neighbor Month in Brevard County; and presented it to Rob Rains, President of United Way; Mike Means, Board Chair; Tom Hayman, General Manager of Brevard Radio Group; and Phil Time, PSA on the Radio Show.

Rob Rains, President of United Way, encouraged the residents of Brevard County to reach out and get to know their neighbors; and expressed appreciation to the Board for the Resolution.

Tom Hayman, General Manager of Brevard Radio Group, stated the Board has the task of trying to bring the whole County together to improve the quality of life; if it can do it, starting at the neighborhood level, it is going to make its job easier and Brevard County that much better; and thanked the Board for its support.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution proclaiming the month of April, 2000, as Know Your Neighbor Month in Brevard County and encouraging the citizens of Brevard County to come together for the betterment of the entire community. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING APRIL, 2000 AS KNOW YOUR NEIGHBOR MONTH

Chairman Higgs stated the Board appreciates this effort and knows that it will be very fruitful; and it enlightens self-interest, one gets to know their neighbors, the community gets better, and the quality of life is better.

RESOLUTION, RE: COMMENDING ANDREW MAPP, JR.

Commissioner Scarborough read aloud a resolution commending Andrew Mapp, Jr. for 34 years of meritorious service to Brevard County; and presented it to Mr. Mapp.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution unanimously recognizing and commending Andrew Mapp, Jr. for 34 years of meritorious service to Brevard County, expressing its appreciation for his dedicated service to Brevard County and its citizens, and extending its best wishes for good health and happiness during his retirement. Motion carried and ordered unanimously.

Chairman Higgs expressed appreciation to Mr. Mapp for his years of service to Brevard County.

RESOLUTION, RE: COMMENDING ROBERT W. BRIGGS

Commissioner Voltz read aloud a resolution commending Robert W. Briggs for 30 years of meritorious service to Brevard County; and presented it to Mr. Briggs.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution unanimously recognizing and commending Robert W. Briggs for 30 years of meritorious service to Brevard County, expressing its appreciation for his dedicated service to Brevard County and its citizens, and extending its best wishes for good health and happiness during his retirement. Motion carried and ordered unanimously.

Chairman Higgs thanked Mr. Briggs for his years of service to Brevard County. She stated Brevard County is blessed with a number of employees who have given years of dedicated service; and the County is grateful.

RESOLUTION, RE: COMMENDING MARISSA RANG, 2000 BREVARD COUNTY COMMISSION ON THE STATUS OF WOMEN "YOUNG WOMAN OF THE YEAR"

Commissioner Carlson read aloud a resolution commending Marissa Rang, The 2000 Brevard County Commission on the Status of Women "Young Woman of the Year; and presented it to a representative of the Brevard County Commission on the Status of Women.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution commending Marissa Rang, The 2000 Brevard County Commission on the Status of Women "Young Woman of the Year" in recognition of her selfless efforts in caring for the people of Brevard County. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING BETSY DICKSON, 2000 BREVARD COUNTY COMMISSION ON THE STATUS OF WOMEN "WOMAN OF THE YEAR"

Commissioner Carlson read aloud a resolution commending Betsy Dickson, The 2000 Brevard County Commission on the Status of Women "Woman of the Year"; and presented it to a representative of the Commission on the Status of Women.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution commending Betsy Dickson, The 2000 Brevard County Commission on the Status of Women "Woman of the Year" in recognition of her efforts in caring for the people of Brevard County. Motion carried and ordered unanimously.

A representative of the Brevard County Commission on the Status of Women expressed appreciation to the Board for the Resolutions and recognizing these women; and stated the Commission on the Status of Women makes every effort to make the lives of women and children in Brevard County better.

RESOLUTION, RE: RECOGNIZING 50TH ANNIVERSARY OF THE NAVAL ORDNANCE TEST UNIT AND 100TH ANNIVERSARY OF THE SUBMARINE

Commissioner O'Brien read aloud a resolution recognizing the 50th Anniversary of the Naval Ordnance Test Unit and 100th Anniversary of the Submarine; and presented it to Master Chief Payne and Charlene Pilcher, Navy League.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution recognizing and celebrating the 100th Anniversary of the Submarine Service and the 50th

RESOLUTION, RE: RECOGNIZING 50TH ANNIVERSARY OF THE NAVAL ORDNANCE TEST UNIT AND 100TH ANNIVERSARY OF THE SUBMARINE

Anniversary of Naval Ordnance Testing Unit, and extending its appreciation for the unequalled devotion and dedication of TEAM NOTU. Motion carried and ordered unanimously.

PERMISSION TO EXTEND SALES CONTRACT WITH RICHARD V. AND AH YEH DUTCHIK, RE: SOUTH WICKHAM ROAD WIDENING PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to extend the closing date on the Contract for Sale and Purchase with Richard V. and Ah Yeh Dutchik dated August 24, 1999, to purchase property for the South Wickham Road Widening Project, to June 1, 2000. Motion carried and ordered unanimously.

RESOLUTION AND DEED, RE: TRANSFERRING RIGHT-OF-WAY TO FLORIDA DEPARTMENT OF TRANSPORTATION FOR INTERSECTION IMPROVEMENTS AT OAK STREET AND OCEAN AVENUE

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution and execute Deed transferring the County's interest in a right-of-way to Florida Department of Transportation (FDOT) for intersection improvements at Oak Street and Ocean Avenue. Motion carried and ordered unanimously.

CONTRACT MODIFICATION #1 WITH ROAD AND BRIDGE SECTION, RE: PORT ST. JOHN PARKWAY EAST EXTENSION

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Contract Modification #1 with Road and Bridge Section for the Port St. John Parkway East Extension Project, decreasing the Contract price by $21,631.24 for decrease in planned quantity; and authorize final payment to Road and Bridge of $180,393.47. Motion carried and ordered unanimously.

AMENDMENT TO LEASE AGREEMENT WITH LOGAN VENTURES, INC., RE: OPERATION OF MASH HOAGIES AT GOVERNMENT CENTER

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Amendment to Lease Agreement with Logan Ventures, Inc. to operate MASH Hoagies at the

AMENDMENT TO LEASE AGREEMENT WITH LOGAN VENTURES, INC., RE: OPERATION OF MASH HOAGIES AT GOVERNMENT CENTER

Government Center from June 6, 2000 to June 6, 2002. Motion carried and ordered unanimously.

PERMISSION TO UTILIZE CONSTRUCTION MANAGEMENT DELIVERY METHOD AND AUTHORIZE EXECUTION OF CONTRACT, RE: TITUSVILLE HOLDING CELL

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to grant permission to utilize the Construction Management Delivery Method for construction of a holding cell in Titusville; and authorize the Chairman to sign the contract with the selected contractor. Motion carried and ordered unanimously.

APPROVAL OF GRANT APPLICATION TO DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: INDIAN TRAIL POND AND TROUT CREEK POND PROJECTS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve a grant application submitted to Department of Environmental Protection on December 28, 1999 for Indian Trail Pond project and Trout Creek Pond project; and authorize the County Manager or his designee to sign future grant applications for stormwater projects. Motion carried and ordered unanimously.

TASK ORDER NO. 98-002-04 WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC., RE: WICKHAM ROAD AT EAU GALLIE CULVERT REPLACEMENT

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Task Order No. 98-002-04 with Post, Buckley, Schuh & Jernigan, Inc. to provide engineering services for Wickham Road at Eau Gallie Culvert Replacement at not to exceed $87,890. Motion carried and ordered unanimously.

TASK ORDER NO. 98-005-11 WITH CREECH ENGINEERS, INC., RE: OAK STREET DRAINAGE IMPROVEMENTS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Task Order No. 98-005-11 with Creech Engineers, Inc. for engineering services relating to the Oak Street Drainage Improvements project at not to exceed $119,285. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING ZONING CODE ON NONCONFORMING LOTS OF RECORD

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to grant permission to advertise a public hearing to consider an ordinance amending the Zoning Code providing for nonconforming lots of record to be rezoned to any classification consistent with the Comprehensive Plan. Motion carried and ordered unanimously.

AGREEMENT WITH MOUNT CARMEL OF CITY POINT HUMAN SERVICES, INC., RE: TUTORING AND PARENTING SKILLS TRAINING FOR LOW-INCOME RESIDENTS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Agreement with Mount Carmel of City Point Human Services, Inc. to provide tutoring and parenting skills training for low-income residents at a cost of $5,000 from the CBO set-aside funds. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE AVAILABILITY OF FUNDS AND APPOINT REVIEW COMMITTEE, RE: FY 1998 AND FY 1999 HOME FUNDS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to grant permission to advertise a public hearing on the availability of FY 1998 and FY 1999 HOME Funds for acquisition, construction, and/or renovation of affordable housing projects submitted by qualified community housing development organizations using the RFP package developed by the Affordable Housing Council; and appoint the Affordable Housing Council to review and rank the projects and make funding recommendations to the Board. Motion carried and ordered unanimously.

RESOLUTION, AGREEMENT, BUDGET CHANGE REQUEST, AND TEMPORARY LOAN, RE: FLORIDA INLAND NAVIGATION DISTRICT (FIND) ASSISTANCE FOR DESIGN AND PERMITTING OF ROTARY RIVERFRONT PARK DOCK REPLACEMENT

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution requesting assistance from FIND Waterways Assistance Program to design and permit dock replacement at Rotary Riverfront Park; authorize Parks and Recreation Director to execute the Grant Agreement; and approve a Budget Change Request to establish a project account and a temporary loan from the General Fund if the grant is approved by FIND. Motion carried and ordered unanimously.

RESOLUTION, AGREEMENT, BUDGET CHANGE REQUEST, AND TEMPORARY LOAN, RE: FLORIDA INLAND NAVIGATION DISTRICT (FIND) ASSISTANCE FOR SPACE VIEW PARK DOCK REPLACEMENT

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution requesting assistance from FIND Waterways Assistance Program to design the dock replacement at Space View Park; authorize Parks and Recreation Director to execute the Grant Agreement; and approve a Budget Change Request to establish a project account and a temporary loan from the General Fund if the grant is approved by FIND. Motion carried and ordered unanimously.

RESOLUTION, AGREEMENT, BUDGET CHANGE REQUEST, AND TEMPORARY LOAN, RE: FLORIDA INLAND NAVIGATION DISTRICT (FIND) ASSISTANCE FOR CONSTRUCTION OF REDESIGN OF LEE WENNER PARK

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution requesting assistance from FIND Waterways Assistance Program for construction of the redesign of Lee Wenner Park; authorize Parks and Recreation Director to execute the Grant Agreement; and approve a Budget Change Request to establish a project account and a temporary loan from the General Fund if the grant is approved by FIND. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE FROM BID #B-1-4-23, RE: VEHICLES

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to authorize the purchase of two ?-ton cargo vans and one ?-ton pickup truck by formal bid or from State Contract or GSA Contract, for Parks and Recreation Central Area Parks Operations-Merritt Island/Beaches Service Sector. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE FROM STATE OR GSA CONTRACT, RE: PLAYGROUND SYSTEMS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to authorize the purchase of two playground systems from State Contract or GSA Contract for Parks and Recreation Central Area Parks Operations-Mainland Service Sector. Motion carried and ordered unanimously.

RESOLUTION, RE: REVISING COMMISSION ON AGING COMMUNITY ADVOCATE APPOINTMENT PROCESS

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution amending the Commission on Aging Community Advocate appointment process to allow each Commissioner to appoint two Community Advocates at his or her discretion, rather than from a list of qualified persons. Motion carried and ordered unanimously.

APPROVAL OF AMENDMENT, RE: SCGTV BROADCAST PROCEDURES, STANDARDS AND GUIDELINES

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve amendment of the SCGTV broadcast Procedures, Standards, and Guidelines providing that the County Commissioners shall not host or participate in programs to be broadcast outside of regularly scheduled Board meetings, workshops or special meetings; and direct staff to forward such amendment to the SCGTV Council for consideration. Motion carried and ordered unanimously.

AGREEMENT WITH DEPARTMENT OF COMMUNITY AFFAIRS AND BUDGET CHANGE REQUEST, RE: STATE AND LOCAL ASSISTANCE FOR EMERGENCY MANAGEMENT

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Agreement with Florida Department of Community Affairs for State and local emergency management assistance in the amount of $55,230; and approve a Budget Change Request to adjust the FY 99/00 grant amount from the projected to the actual amount awarded and to appropriate grant funds. Motion carried and ordered unanimously.

AGREEMENT WITH BELLSOUTH TELECOMMUNICATIONS, INC., RE: UPGRADE OF COUNTYWIDE AREA NETWORK TO FIBER OPTIC RING CARRYING STATE ASYNCHRONOUS TRANSFER MODE

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve purchase of capital equipment and services pertaining to Florida State Contract #250-040-99-1 for Cisco Systems and DMS.E-055 for BellSouth to upgrade nine of the Countywide Area Network locations to a Synchronous Optical Network (SONET) fiber optic transmission system in a self-healing ring architecture transmitting voice, data and video in an Asynchronous Transfer Mode

AGREEMENT WITH BELLSOUTH TELECOMMUNICATIONS, INC., RE: UPGRADE OF COUNTYWIDE AREA NETWORK TO FIBER OPTIC RING CARRYING STATE ASYNCHRONOUS TRANSFER MODE

(ATM); authorize purchase of equipment from Cisco Systems through BellSouth and the Pricing Schedule for this service; execute Contract Service Agreement with BellSouth; and authorize the County Manager to sign individual circuit Agreements as necessary to implement the ATM system. Motion carried and ordered unanimously.

APPROVAL OF FLORIDA INLAND NAVIGATION DISTRICT (FIND) GRANT APPLICATION, RE: PURCHASE OF OUTBOARD MOTORS FOR SHERIFF'S AGRICULTURE/ MARINE UNIT

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution and authorize application for and acceptance of a grant from the Florida Inland Navigation District (FIND) in the amount of $26,972 for purchase of four outboard motors at a total cost of $37,672 for boats currently in use by the Agriculture/Marine Unit. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: INTERNAL AUDIT OF PARKS AND RECREATION DEPARTMENT (NORTH AREA)

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to acknowledge receipt of the Internal Audit of the Parks and Recreation Department-North Area. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: INTERNAL AUDIT OF PARKS AND RECREATION DEPARTMENT (CENTRAL AREA)

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to acknowledge receipt of the Internal Audit of Parks and Recreation Department-Central Area. Motion carried and ordered unanimously.

RESOLUTION OF NECESSITY, RE: ACQUISITION OF EASEMENT FOR SHORE PROTECTION PROJECT (BEACH RENOURISHMENT)

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt a Resolution of the County Commission of Brevard County, Florida, declaring the necessity to acquire certain real property easements located in Brevard County for the placement of sand for a Shore Protection Project along the Atlantic Ocean beachfront. Motion carried and ordered unanimously.

APPOINTMENT, RE: ENVIRONMENTALLY ENDANGERED LANDS PROCEDURE COMMITTEE

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to appoint Bill Koehne, 2560 Wild Wood Drive, Melbourne, Florida 32935 to the Environmentally Endangered Lands Procedure Committee, replacing Bob Michaud, with term of appointment expiring December 31, 2000. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

PUBLIC HEARING, RE: RESOLUTION AND WAIVER OF FEE FOR VACATING WALKWAY AND BIKEPATH EASEMENTS IN SECTION 25, TOWNSHIP 17S., RANGE 37E. - JOYAL CONSTRUCTION

Chairman Higgs called for the public hearing to consider a resolution and waiver of fee for vacating walkway and bikepath easements in Section 25, Township 17S., Range 37E., as petitioned by Joyal Construction.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution and waive fee for vacating walkway and bikepath easements in Section 25, Township 17S., Range 37E., as petitioned by Joyal Construction. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION FOR EXCHANGE OF PROPERTY FOR OLD DIXIE HIGHWAY WITH ATLANTIC RIDGE CORPORATION AND DANIEL NELSON

Chairman Higgs called for the public hearing to consider a resolution for exchange of property for Old Dixie Highway with Atlantic Ridge Corporation and Daniel Nelson.

PUBLIC HEARING, RE: RESOLUTION FOR EXCHANGE OF PROPERTY FOR OLD DIXIE HIGHWAY WITH ATLANTIC RIDGE CORPORATION AND DANIEL NELSON

Chairman Higgs stated she understands from staff that there is a request to continue the item until April 11, 2000.

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Voltz, to continue public hearing to consider resolution for exchange of property for Old Dixie Highway with Atlantic Ridge Corporation and Daniel Nelson until the April 11, 2000 Board Meeting. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD VALOREM EXEMPTION TO MID-FLORIDA STEEL CORPORATION

Chairman Higgs called for the public hearing to consider an ordinance granting economic development ad valorem exemption to Mid-Florida Steel Corporation.

Commissioner O'Brien stated the Board has not discussed fully at what rate it wants to say it cannot offer a tax abatement incentive; here are 10 jobs at $28,000 annually which is not a high paying job; the County is offering financial rewards to the firm for allowing these jobs to be created; and he is having problems with it. He noted the Board needs to review the issue again to solve these kinds of problems.

Commissioner Voltz stated one thing everyone needs to be cognizant of is that every job that comes into Brevard County cannot be a $40,000 or $50,000 a year job as there are people out there who are not qualified to make that kind of money; $28,000 is a very good salary for a lot of people; everybody has to start at the bottom; and to move up from that point on is difficult. She noted if the County wants to encourage companies to move up and become bigger and better in Brevard County, then it needs to provide that atmosphere for them; and she would support it.

Commissioner Carlson stated she is not in favor of this because it is marginal in terms of what the Board has been talking about with the workshops and in terms of clustering the type of development it wants in Brevard County; she would be in full support if it was the same sort of job only in the electronics field or another field that promotes some of the industry already existing in the County; and she would like to bring the issue up when the Board has its workshop in April, 2000 and discusses the Economic Development Commission's (EDC) strategic plan and what it is doing with the tax abatement.

Commissioner Scarborough stated he concurs that this needs to be discussed in more detail because it is not a matter of jobs or quantity of jobs, but how the program has worked so the County can develop the fabric to create better job opportunities for the people in Brevard County so they can have upward mobility.

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD VALOREM EXEMPTION TO MID-FLORIDA STEEL CORPORATION

Commissioner Carlson stated she would like to see the tax abatement program become an incentive program and something that will deliver to Brevard County the type of jobs it wants.

There being no further comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner O'Brien, to continue public hearing to consider ordinance granting economic development ad valorem exemption to Mid-Florida Steel Corporation until the April 25, 2000 Board Meeting. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD VALOREM EXEMPTION TO PARAVANT COMPUTER SYSTEMS, INC.

Chairman Higgs called for the public hearing to consider an ordinance granting economic development ad valorem exemption to Paravant Computer Systems, Inc.

Commissioner O'Brien stated once complete and operational, Paravant will employee 80 additional workers, averaging $40,000 annually.

Commissioner Carlson stated Paravant specializes in software application services which is one of the areas that Brevard County already has in the community and needs to expand upon.

Richard McNeight, President and Founder of Paravant Computer Systems, stated Paravant was founded in 1982; it is an electronics designer and manufacturer of rugged portable computers; it is a very clean industry; its hardest challenge today is finding talented people; and it is looking forward to some assistance from the tax abatements in helping it continue to grow. He advised Paravant is looking to invest nearly $6 million over the long term in this facility; and Brevard County has been very supportive in many ways.

Chairman Higgs stated it is her practice not to vote for these at this point in time; and it is in no way a reflection on this wonderful company and what it is doing.

There being no further comments heard, motion was made by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt an Ordinance granting an economic development ad valorem exemption to Paravant Computer Systems, Inc., located at 3520 Dixie Highway, Palm Bay, Florida 32905-2710; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of Florida Statutes 196.012; providing for proof of eligibility for exemption; providing for an annual report by Paravant Computer Systems, Inc.; and providing an effective date. Motion carried and ordered; Commissioner Higgs voted nay.

PUBLIC HEARING, RE: ORDINANCE COMBINING ALL ORDINANCES AND POLICIES CONCERNING SPECIAL EVENTS

Chairman Higgs called for the public hearing to consider an ordinance combining all Ordinances and Policies concerning special events.

Commissioner Voltz stated under "Music Festivals", the second proposed language says, "may be approved by the County Manager or designee upon approval by all required review agencies"; suggested inserting the language "unless previous objections have been received"; stated she would like to include it so that it is not automatic; and if there have been problems, the Board needs to see it before approval.

Chairman Higgs inquired where would staff suggest inserting Commissioner Voltz's language; with Permitting and Enforcement Director Billy Osborne responding Page 21, Section 10-49. Chairman Higgs stated under subparagraph 1, it says, "violating any of the provisions of this Article or any reasonable rules or regulations of the County"; and inquired would it cover Commissioner Voltz's concern; with Mr. Osborne responding there is a good possibility it may and he would like to review it more closely to find exactly where the language needs to be inserted.

Commissioner O'Brien stated he is concerned that some of these events are so close to residential; and requested staff find wording that addresses abutting residential on any kind of special outdoor event. He advised Page 5, Section C, includes 8:00 a.m. until 10:00 p.m. Sunday through Thursday; and he has a real problem with it, even on Friday and Saturday until midnight as it is in residential areas. Mr. Osborne advised staff will review it.

Discussion ensued concerning general special events, permit fees, charges for fire inspections and booths, and seasonal special events.

Commissioner O'Brien expressed concern with the amount of the charges for permitting and inspections; and stated the County is dragging a lot of money out of charities.

Chairman Higgs requested staff define the word "booth" in the ordinance and bring it back to the Board.

Commissioner Voltz requested staff report back with information on what an average fair costs.

There being no further comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to continue public hearing to consider ordinance combining all Ordinances and Policies concerning special events until the April 25, 2000 Board meeting. Motion carried and ordered unanimously.

COMPREHENSIVE PLAN ANALYSIS, RE: INDIAN LANDING SUBDIVISION CHANNEL PROJECT

Assistant County Manager Stephen Peffer stated the Board requested staff provide a report with regard to the Indian Landings project which was heard on February 29, 2000; staff conducted a review of the project prior to the item being put on the Agenda; in December, 1999, the project was presented to the Board in a different configuration; and at that time, the Board did not find the project to be acceptable, but requested the applicant and staff work together to reconfigure the project in some form that could be considered. He noted that was the effort staff undertook over the following two months; it tried to bring to the Board something that could be considered, should it find the project to meet the public interest test; staff pointed out the various features of the project; and there were a number of places that conflicted with the Comprehensive Plan, including dredging and shoreline alteration; however, the Plan does provide some provision for acceptance of those should the public interest test be met; and ultimately, that public interest is for the Board to determine.

The meeting recessed at 10:12 a.m. and reconvened at 10:24 a.m.

County Attorney Scott Knox stated at the last meeting when this item was considered, the Board took specific action approving the application; it requested staff come back with a report on the consistency issue that was raised subsequent to the meeting; and that is what will be discussed today. He noted there is no formal action scheduled to be taken today; any formal action that would take place would have to be noticed as another public hearing and the applicant would have to be notified; there is a provision in the Florida Law that allows affected parties to petition to challenge any action by the Board that they would contend is inconsistent with the Comprehensive Plan; the County has not seen any petition like that at this point in time; and all that is being discussed is the staff report.

Attorney Leonard Spielvogel, representing the property owner, stated Counsel for the Board has touched on what he was going to make as his initial inquiry and that is what are they doing here; it is his understanding that the procedure for challenging a decision, that was made on February 29, 2000; he understands there was no reservation at that meeting of having a staff report come forward; and it was something that occurred subsequent to February 29, 2000. He advised on February 29, 2000 there was a vote taken and his client's request was approved; and the procedure now for those who may not be happy with that decision of the Board would be to file under Section 163.3215 of the Florida Statutes. Attorney Spielvogel stated he is prepared to address the matter of public interest if that is what they are here about; he endorses the staff report; it is thorough, but it says to the Board that it has the responsibility for determining public interest which is what was done on February 29, 2000; his client's project will improve water quality in the two man-made canals; he is going to severely limit the number of boats that access the Indian River Lagoon; and out of 154 proposed residential units, only 54 will have water access.

COMPREHENSIVE PLAN ANALYSIS, RE: INDIAN LANDING SUBDIVISION CHANNEL PROJECT

He stated they are proposing eliminating the boat ramp which is presently in the south canal; it was installed in 1964; he assumes the ramp has some sort of grandfathered status; by removing it, they are going to deny access to 250 homes that would otherwise have the ability to utilize that ramp; and they are taking a number of boats off the Indian River Lagoon which would arguably be in the public interest. He noted they are going to be removing Brazilian pepper and Australian pines; they have petitioned the County for an idle speed zone in the channel they want to build; they will be renovating; and the mandatory homeowners association will be maintaining the mosquito control impoundment which will become common property. He advised they will be hardening the shoreline which will prevent continued erosion into the Indian River Lagoon; and these would be considered and accepted as being in the public interest.

Edward Fleis, representing Floridron, reiterated the reason why they have come before the Board in the first place under the Ordinance is that their initial approach was to install navigational aids in the river; they had the approval from the Corps of Engineers and Coast Guard; the Florida Department of Environmental Protection (FDEP) gave Floridron an exemption for installation of the navigational aids; and it had authority to use the submerged lands under the authority vested in the FDEP; however, the St. Johns River Water Management District concluded that Floridron would have severe impacts to the seagrasses that are within the area of the marked channel. He advised they had the channel markers 50 feet apart; that area was measured at 1.8 acres; legal access is two feet of depth; and they had the legal access. Mr. Fleis stated the District determined that the cumulative and secondary impacts of boats on exempt boat docks would have the impact of totally destroying the seagrasses within that 1.8 acres; Floridron searched all over to find mitigation that would compensate for that, which was very difficult to find; it was also directed to look for alternates, including the channel and the canal; and that is what it explored. He stated the public interest is the high value the public has in their vested rights in the seagrass beds; the economic value of the seagrass beds for just the fisheries alone has been determined by the District to be in excess of $10,000 a year; what they are looking at is a permanent solution that would provide the public interest of the seagrass beds that cannot be replaced; the mitigation proposed to Floridron is that it find a way to replace them; and there is no way to replace them. He noted there were issues with the Comprehensive Plan which Floridron addressed and felt it had resolved; in the report, there is not a definition of public interest; in the Florida Administrative Code, the benefits of an activity have to exceed the cost; one has to measure the environmental, social, and economic costs; they are here for the environmental cost to the seagrass beds and the high value placed on them; and Floridron has been working on the public interest to protect the seagrass beds. Mr. Fleis stated unfortunately it affects a County Ordinance, and Floridron has tried to address every aspect of that; in public interest, it indicates the condition of the area that one is impacting or preserving; the area Floridron is preserving is pristine and has been defined by the FDEP as unscarred by boat propellers; and the area which would be impacted is one that has been filled either by Mosquito Control or by the excavation of the Babe Cushman Canal, and has a much lower value than what they are talking about preserving.

Harriet Fine advised she is opposed to the proposed project due to impacts to the area, including additional boats; and she does not see where it is in the public good, but in the interest of a private developer who is trying to make money.

Brian Sculthorp, representing Floridron, stated they have put a lot on public record already about this project; there have been two public hearings on the matter; there are two private canals which have navigational access; and Floridron has gone through a two-year process with the jurisdictional agencies to come up with the best environmental solution for the project. He noted the St. Johns River Water Management District has put the greatest emphasis on protection of the seagrass beds with the Lagoon and requested Floridron come up with a solution which protects such seagrasses; and in cooperation with Brevard County and the previous ruling, Floridron believes it came up with the best solution to do that. He stated he understands there is some opposition to that, but Floridron is also getting a lot of support from the South Beaches community for the good work it is doing to protect the Lagoon.

Tom Powers stated he supports the proposed project; saving the environment and development are not mutually exclusive; if it is well planned, a good development can enhance the environment; and this is one of those.

Richard Wallace advised he has seen a deterioration in the environment over the years, mostly due to development; the developer wants to build this channel, construct shoreline protection and rock revetment, and plant mangroves; however, there is already a natural environment there; and the County does not need the developer's help.

Nancy Blair stated she does not understand how the project was passed when it goes directly against the Comprehensive Plan; the project is not in the public interest, but in the interest of developers; if Brevard County finds an exception for one applicant, there will be many more behind him ready to develop; she does not see where 55 or more boats coming through that area can benefit the manatees and seagrasses; and she is opposed to the proposed project.

Leo Morrissey stated dredging the canal will encourage bigger and more powerful boats to come into the area; people may cut across areas outside the canal; there are large numbers of wildlife, including manatees, dolphins and sea otters; it will be disturbed by the boats; as the public, he does not see where it benefits him at all; and he is opposed to the project.

COMPREHENSIVE PLAN ANALYSIS, RE: INDIAN LANDING SUBDIVISION CHANNEL PROJECT

Rebecca James stated Floridron is not only exceeding the allowable development of shoreline, but it is important to note that the proposed development does not meet any of the criteria listed for allowable development within the shoreline protection buffer zone; those allowable things are associated with docks, boat ramps, elevated walkways, and approved accessory uses, none of which Mr. Sculthorp and Floridron are proposing to do in this area; and requested the Board look at the clear prohibitions. She noted citizens anticipate when they elect officials that they will protect citizens' interest through those vehicles available to them; and the Comprehensive Plan is just that, as it stands today.

Dr. Wendell L. Whetstone stated he has watched the Everglades be drained, the Kissimmee River Basin be ruined, and the shellfishing be destroyed on the St. Johns Island in Vero Beach; the same thing could happen with this project; the term "public interest" is simple enough for everyone to understand the implications of it and what it means; with this project and others that will come before the Board, the answer to this is the money of the developers and realtors who plan and hope to develop this project; and he is opposed to the project. He urged the Board to not allow the project to proceed.

Susan Simoes, representing BIPPA, stated she is totally dumbfounded on how this project was passed by the Board; it should have been a request for a Comprehensive Plan amendment long before this came before the Board; the project is in the Archie Carr Wildlife Refuge; and the Board and many other individuals have worked hard to preserve the area and relied on the Comprehensive Plan to be the rules and regulations. She noted by approving this project, the Board has opened up a door that many developers would love to take advantage of; the Comprehensive Plan is very clear; and Policy 3.4 says, "The channelizing, dredging and impounding of natural waters of the State shall be prohibited, except where no practical alternative exists for these operations necessary to correct existing threats to public health or safety, allow maintenance of existing navigational waterways, or provide reasonable access to water dependent shore-based facilities. Shoreline alteration, other than that allowed for reasonable access, shall be prohibited unless it is the public interest and does not adversely impact water quality, natural habitat, and adjacent shoreline use." Ms. Simoes advised this is not only not in the public interest, but completely opposite of the public interest; the project will certainly impact water quality and natural habitat, and there is much new mangrove growth; Policy 3.8 states, "New man-made canals connected to the Indian River Lagoon systems are not permitted"; this project cuts through land on both sides, some of which does not belong to the developer; and BIPPA finds this as a blatant disregard to the Comprehensive Plan and finds the Board accountable for this mistake.

Katherine Martin, representing BIPPA, stated the Floridron Development Order is in violation of the Comprehensive Plan; she has reviewed the Plan, and the Ordinances and Land Development Regulations derived from it, and it appears to be quite clear that this application should have come before the advisory boards and the County Commission as a request for a Comprehensive Plan amendment. She inquired how can the previous decision made by the Board be overturned.

COMPREHENSIVE PLAN ANALYSIS, RE: INDIAN LANDING SUBDIVISION CHANNEL PROJECT

County Attorney Scott Knox advised there are two ways the issue can come back before the Board, and one is the petition process; what the petition process would do is require the petitioner and applicant to come back before the Board to discuss the same matter that has been discussed and any grounds for assertions that it has not complied with the Comprehensive Plan; that would be the issue discussed at that point in time; and the Board could reverse itself at that point if it decided it had not complied with the Comprehensive Plan. He advised the other alternative available is to follow Roberts Rules which allows a motion to rescind any prior action the Board has taken; if it were to do that, it would have to readvertise another public hearing and go through the whole thing again, considering whatever issues are brought up at that public hearing.

Chairman Higgs inquired does a motion to rescind have any legal implications that the Board should be aware of. Attorney Knox responded if the 30 days had gone by, there would be a vested rights issue to deal with; the 30-day period keeps alive any perspective change of mind by the Board because anybody could come in during that 30 days, file a petition, and get the Board to reconsider the whole thing; and he is not sure there is any vesting that would have taken place during that 30 days.

Amanda Smith, representing Cocoa Beach High School, stated there might be some short term recreational benefits to a very few people with this development; but in the long term, it will not benefit anybody. She noted the boat ramp would disturb what is one of the last unscarred seagrass beds in the entire State of Florida; the area may have been disturbed 50 years ago, but there is evidence that it has been returning back to its natural state; the County does not need artificial aids to this or increased boat traffic; and a development is not needed there.

Sandra Clinger expressed concern that the Board's action violated the Comprehensive Plan; stated the area she is concerned with is Conservation Policy 3.4 (E), which states, "Dredging and filling shall not be permitted in or connected to Class II waters, Class III shellfish areas, aquatic preserves, and outstanding Florida waters, unless the activity, referencing the dredging and filling, not the entire project, is clearly in the public interest"; and this Policy gives examples of what is meant by "clearly in the public interest, such as approved maintenance dredging on existing public navigation channels, where dredging may improve water quality by removing accumulated silt or improving circulation, maintenance of existing structures, and utility crossings." She stated she heard a lot of descriptions by the applicant talking about "public interest" in general for the project; and she heard no descriptions of how the dredging and filling aspects are in the public interest; it is a test the Board must apply in this particular Policy of the Comprehensive Plan; and she hopes the Board, if it believes at this time that it made a decision that was in violation with the Comprehensive Plan, would not put that burden on the citizens to come back and get this issue revisited.

COMPREHENSIVE PLAN ANALYSIS, RE: INDIAN LANDING SUBDIVISION CHANNEL PROJECT

Pat Poole stated the Board has set an unfortunate precedent with the Indian Landing Subdivision Channel Project; she understands that a plan in December, 1999 was not acceptable, and neither is this one; it is certainly in the public interest not to approve this project; and it would set a precedent that could be devastating to the Indian River Lagoon, an estuary of National concern, including pollution from fertilizers from the subdivision homes, gas and oil from boat motors, more traffic, and congestion on the fragile Barrier Island where it was supposed to have limited development. She noted evacuation is almost impossible now, and this will only add to the problem; it is ridiculous to say turning a canal into a channel is all right; she is President of the Space Coast League of Cities; and the board is having a resolution opposing this development and the reasons why. Ms. Poole requested the Board rescind its previous action as it is necessary in the public interest.

Kim Zarillo, representing The Partnership, stated they are concerned about this project and the Comprehensive Plan considerations that need to be reconsidered; and requested the Board make a motion to rescind its previous action. She stated concerning the issue of dredging, it is clearly not a maintenance dredging; and inquired who is going to pay for future maintenance dredging, and will the public bear the burden of this dredging cost, which is quite expensive. She noted as pointed out in the report, the public will be allowed to use the property; it then becomes a public burden to maintain it; but it is not necessary navigation or part of the intercoastal waterway, or needed to have access to the intercoastal waterway; and the public is already paying for these dredge and fill projects for public transportation and recreation. Ms. Zarillo stated the questions of water quality, impact to habitat, impact to the neighboring properties, and the property rights of the people who own property is not included in the plan, but to be used by the plan and questions the application; and requested a motion to rescind.

William Deitz stated there are a lot of ethical questions about the way the Board has handled this entire issue; staff has been muffled or somehow cut out of this process, especially given the fact it was not asked for input until after the issue was passed; the County has allowed the developer to set the agenda and define the term "public interest" for it; and he does not see how the Board can allow a developer to set the agenda, define the term "public interest", and provide the Board with information that justifies his supposed "public interest". He stated the staff report is not a comprehensive analysis of this issue, but merely a directed response to some directed questions from the Board; and he has yet to see a comprehensive analysis which includes a whole list of alternatives. He noted the use of this "public interest" clause is a misuse; it does not seem that this way of approaching public interest would be legally sufficient; it does not address all of the public, and only addresses a very small segment of the public; and a public interest test would not stand a court challenge if it is so specific and does not address the public at large. Mr. Deitz stated staff needs to prepare more information on this, and requested the Board rescind its previous action today.

COMPREHENSIVE PLAN ANALYSIS, RE: INDIAN LANDING SUBDIVISION CHANNEL PROJECT

Zankhana Raval stated the proposed dredging plan is clearly against the public interest; the Florida Marine Research Institute determined that 44% of all manatees are killed by human-related activities, mostly collisions with watercraft; by completing the channel project, it would increase traffic on the waterways; if the channel is dredged now, it is going to lead to more redredging and maintenance in the future; and this manipulation of the Comprehensive Plan will escalate in the future. She advised this project will only be helping part of the 154-unit subdivision in that area, while the population of Melbourne is over 68,000 people; it would only be helping less than 1% of the population get their boats into the waterways; they already have access to these waterways through other routes; and this project is not in the public interest. She stated the area in question is in conjunction with one of the 26 most invaluable estuaries across the United States; and it is time to look to the future and not the short-term benefits.

Jim Egan, representing Marine Resources Council (MRC), stated the MRC is concerned with the economic, recreational, and environmental benefits the Lagoon has to offer; the MRC has spoken with the developer and Ed Fleis, and appreciates the efforts they have gone through; they are working hard to try to meet conflicting concerns between the St. Johns River Water Management District and the Comprehensive Plan; and in trying to meet those things, they have actually made the plan even worse. He noted the removal of the shoreline is a critical component; it was chosen because one can mitigate for mangroves, whereas they cannot mitigate for seagrass as well; but unfortunately, those mangroves and seagrasses are intimately interrelated; the dredging itself will impact water quality; and once the boat traffic is in place and the dredging, there is going to be increased turbidity. Mr. Egan stated there will be an Indian River Lagoon public workshop on this issue at the Florida Institute of Technology on April 6, 2000 from 6:30 p.m. to 8:30 p.m.

Chairman Higgs stated the plan originally was brought to the Board by the developer in December, 1999; her office sent out a number of agenda items to people and thought sufficient notice had been given; the hearing was held and reported on television as well; and for whatever reason, people did not feel informed. She advised the Board at that time did not approve the request by the developer, but directed staff to work with the developer to see if some sort of arrangement could be worked out; a couple of meetings were held with St. Johns River Water Management District to talk about various kinds of mitigations and alternatives; the developer then made the determination to bring it back to the Board; and it is not a correct terminology to put upon the staff, a definition of channel or public interest. She noted it was a decision that the Board made; the developer certainly gave his definition of channel; and she wanted to clarify those things for the public.

Commissioner Scarborough stated there was some question as to the Board considering the project and the boat traffic from the Babe Cushman Canal; he was led to believe that the County is not talking about the building of docks on the Babe Cushman as a part of the development; and requested Debbie Coles share that aspect of what is being discussed.

COMPREHENSIVE PLAN ANALYSIS, RE: INDIAN LANDING SUBDIVISION CHANNEL PROJECT

Section Supervisor Debbie Coles stated an alternative was discussed during the meetings with Commissioner Higgs, the developer, and St. Johns River Water Management District to direct boat traffic out of the Babe Cushman and concentrate it in the Kel Fox Canal to the south as part of a community docking facility.

Commissioner Scarborough inquired about the rights of individuals to pull dock permits. Ms. Coles responded the dock permitting, if it is under 500 square feet, would be exempt under the Department of Environmental Protection's rules; people could pull dock permits there; and the St. Johns River Water Management District, in considering that as part of the development application, would more than likely deny that type of use if it was not channelized or the boat traffic was not directed in a specific manner.

Chairman Higgs stated the District provided the Board with a letter at the December, 1999 hearing recommending the alternative that was eventually approved by the Board. Commissioner Scarborough stated there was extensive discussion of alternatives that he heard yesterday, including the marina and the number of docks. He advised any time there are this many people with concerns and something as vital as the Comprehensive Plan, there should be a full hearing on it; the full hearing would include the developer with an opportunity to fully respond; and inquired how does the County proceed with that type of action.

Attorney Knox advised if the Board is so inclined, what it would do is move to rescind the former action and move to readvertise for a new public hearing on the issue; to give a good example as to why a new public hearing would be needed, the staff looked at certain policies that were presented to the Board in the report; from one of the exhibits that was submitted to the Board today, there is a new policy that may or may not be applicable, which has not been analyzed that he knows of; and if that is going to be used as a basis for determining whether this should or should not be approved, it is something that should be given full attention by everybody; and the way to do that would be a public hearing where the applicant has a chance to respond to that same policy.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to rescind previous action concerning the Indian Landing Subdivision Channel Project. Motion carried and ordered; Commissioner Voltz voted nay.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to grant permission to advertise public hearing as soon as possible concerning the Indian Landing Subdivision Channel Project; and direct staff to notify the applicant of the public hearing. Motion carried and ordered unanimously.

STAFF DIRECTION, RE: USE OF OVERLAY DISTRICTS TO ALLOW INDUSTRIAL ACTIVITIES IN COMMERCIALLY ZONED AREAS ADHERING TO PERFORMANCE STANDARDS

Planning and Zoning Director Mel Scott advised the Board has been investigating opportunities that would allow certain industrial uses adhering to specific performance standards to locate in commercially zoned areas; over the course of many months, this conversation has focused on allowing this test or experiment to occur in certain areas that exhibit certain qualities, such as shopping centers that have been struggling to find commercial tenants; and that is a good example of a likely candidate for this kind of concept. He stated staff has met with many interest groups, including industrial, commercial and residential; this report has three options for the Board's consideration; and explained such options.

Commissioner O'Brien stated there needs to be language that limits the CUP to the tenant who rents the building; if he moves out or closes business, the CUP goes away; and if someone wants to open a business in that building, they have to apply for a new CUP.

Stan Bernstein, representing Suntree Master Homeowners Association, stated he was one of some 10-plus County representatives who were asked to meet with Mr. Scott at the direction of the Board at its last public meeting on the proposed industrial performance standards ordinance; they were to meet on those provisions of the ordinance which allowed land uses within commercial areas through overlay districts; they agreed to the three options that were presented by Mr. Scott, with a strong recommendation for Option 3; and the Suntree Board has approved Option 3 and urges the County Commission's acceptance.

Liz Marshall, representing Baytree, advised of Baytree's support for Option 3.

Maureen Rupe, representing Port St. John Homeowners Association, stated she supports Option 3.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve Option 3 to review Performance Overlay District (POD) requests using CUP criteria and additional location criteria and, if a shopping center is granted a POD, require an additional public hearing for each industrial use seeking to locate within the POD; and adding a provision that once a tenant vacates, the CUP will expire. Motion carried and ordered unanimously.

The meeting recessed at 11:58 a.m. and reconvened at 12:08 p.m.

DISCUSSION BY FINANCIAL ADVISOR, RE: IMPACT OF CHARTER AMENDMENT REFERENDUM ON BOND FINANCING

Financial Advisor Tom Holley stated his remarks will be confined to the fiscal impacts on the County of the proposed ballot language; general ratings of the County are predicated upon a fiscally conservative nature of the Board and its natural posture; this would reduce the financial flexibility of the County to meet certain exigencies which might occur to the County; and they would be things such as an increase in regulatory burden imposed by some other higher unit of government which the County would not be able to respond to by borrowing money, if that was a necessary condition. He advised by reducing the financial flexibility of the County, it does have a negative impact on the rating of the County in the credit markets; the second point would be on the utility system and the solid waste system; those enterprises are called enterprise funds because they are supposed to be run like an enterprise or business; and a typical business would not go to the shareholders and ask them for a vote every time they wanted to do something. He stated this takes away the ability in the County to run it like a business; from a fiscal perspective, those limitations on abilities of the enterprise funds to run themselves like a business will have a negative impact on the ratings on those bonds; and the restrictions on running it like a business in the utility bonds are greater than meet the eye.

Chairman Higgs inquired is Mr. Holley aware of any other counties or municipalities that have a similar provision in their Charter. Mr. Holley responded he has not done a survey of it and cannot speak to how constrained they are; some jurisdictions constrain as to general fund monies; property taxes are used to fund the general services of the County; and part of that are sales taxes. He noted sometimes there will be a constraint as sales tax bonds are often sold for general governmental purposes; and there might be restrictions on those type of non-ad valorem tax revenues as distinct from gas taxes, utilities, and solid waste which are the exceptions which the County has in its Charter currently. He advised the existing Charter is more consistent with what is seen elsewhere than the proposed restriction which will be broader than that. Chairman Higgs stated the County has an upside limit in its current Charter of $15 million that it cannot bond without going to referendum; with Mr. Holley responding that is correct, with the exception of the enterprise funds and gas taxes.

Lillian Banks stated she is present to correct an erroneous impression that could be left in the minds of anyone who attended last week's Commission meeting or watched it on television; last week, Commissioner O'Brien referred to a group of people who complained about the EELS Program being put on a special ballot and now that same group wanted the citizens' petitions put on a Primary ballot; he said they just could not have it both ways; and that group is Lillian Banks as she is the only one who spoke about it. She advised she is the one who brought up the EELS Program and had to appear before the Board two times to get the record straight, but obviously, Commissioner O'Brien and the rest of the Board did not get it, so for the third time, her problem with the EELS Program appearing on the September, 1990 ballot was that it had failed to pass in the 1989 General Election, so why was it brought up again; her contention was that if it was good enough for the EELS Program to be put on the Special Election ballot, it was good enough for the petitions to be handled the same way; and requested the record show that she did not want it both ways, but wanted it the same way. She stated concerning the subject of the petitions, the County contends that it was doing what the 16,000 people wanted by putting the petitions on the ballot, but they were not the ones they signed, but the County's version; and these petitions would never have come about if the Board were not viewed by many as being power hungry, controlling, restrictive, and over zealous environmentalists. She stated the County is flying down the road to socialism and that is not too popular a course for a lot of the citizens; the County can maintain that the ballot box is a term limiter, but that will never be the case as long as there are single member districts; as long as the Commissioners satisfy their constituents, regardless of the impact to the rest of the County, they will vote them into office again and again; that is not term limits; and term limits are good enough for the Legislators and should be good enough for the Commissioners.

Mary Tees inquired if there is a bond issue for central services, and it is defeated by the voters and the County has to go to court, who is going to pay the court costs; stated surely it is not the citizens who pay the taxes; the County jail is overcrowded; and if the government says Brevard County has to build a new jail, the people will not vote for it. She inquired how is the County going to pay the fines for the jail, find the money for a new jail, go to court at the same time, and tell her that is fiscally responsible.

Maureen Rupe stated she went to the Supervisor of Elections office about the Port. St. John/Canaveral Groves MSTU; and it was not a straw ballot.

County Attorney Scott Knox responded it was a straw ballot; it was clear in the Resolution that the Board adopted for that particular election that it was a straw ballot; and it was a non-binding referendum.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to direct the County Attorney and Financial Advisor to provide the original and alternative language concerning the Charter Amendment Referendum on Bond Financing; and schedule the item on the April 25, 2000 Agenda for the Board's consideration. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: REQUEST FROM WOODLANDS HOMEOWNERS ASSOCIATION OF SOUTH MELBOURNE BEACH, INC. FOR VARIANCE TO BREVARD COUNTY COASTAL SETBACK LINE

Chairman Higgs called for the public hearing to consider request from Woodlands Homeowners Association of South Melbourne Beach, Inc. for variance to the Brevard County Coastal Setback Line.

Chad Cutler, President of Woodlands Homeowners Association, stated the pavilion in question is a small roof used as a picnic shelter; it was already built in February, 1998 by a few of the homeowners without a permit; why they did not seek a permit at that time is a mystery to him; and he is a new resident and was not there when the pavilion was built. He noted those individuals involved have either moved away or are no longer involved in the management of the Association; he has been working on the issue with the County and State for the past eight months; the pavilion lies within a 25-foot zone between the end of the State's Coastal Construction Control Line and the County's more restrictive control line; and the State believes it is all right to build it here, but the County does not. Mr. Cutler stated although the pavilion violates the 25-foot regulation, it is not the kind of low land that is likely to be washed out or to affect the beach line; if this modest structure was not already built, he would still be seeking a variance for it; and requested the Board grant the variance.

Chairman Higgs inquired can the native vegetation that is seaward of the structure be disturbed; with Section Supervisor Debbie Coles responding negatively as it is prohibited by the Coastal Construction Ordinance. Chairman Higgs stated the structure is not habitable and it will not injure the abutting property owners; staff has recommending granting of the variance in compliance with the provisions of the Ordinance; and she would support it.

There being no further comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to approve request from the Woodlands Homeowners Association of South Melbourne Beach, Inc. to grant a variance of 21.5 feet to the Brevard County Coastal Setback Line, as allowed in Section 8 of Ordinance No. 85-17 and Chapter 62, Article XII, Section 62-4209, entitled Variances, of the Brevard County Code. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE EASEMENTS IN SOUTH BANYAN ISLES - THOMAS AND JEWELL M. LEWIS

Chairman Higgs called for the public hearing to consider a resolution vacating public utility and drainage easements in South Banyan Isles, as petitioned by Thomas and Jewell M. Lewis.

Commissioner O'Brien stated the issue was a structure in the right-of-way, and the problem has been resolved.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE EASEMENTS IN SOUTH BANYAN ISLES - THOMAS AND JEWELL M. LEWIS

There being no further comments or objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution vacating public utility and drainage easements in South Banyan Isles, as petitioned by Thomas and Jewell M. Lewis. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: REQUEST BY LOUIS CAMPANILE FOR VARIANCE TO BREVARD COUNTY COASTAL SETBACK LINE

Chairman Higgs called for the public hearing to consider request by Louis Campanile for a variance to the Brevard County Coastal Setback Line.

Louis Campanile requested a variance to the Coastal Construction Setback Line to allow him to put an addition onto his house that basically lines up with the existing house; his house was built in 1976 in conformance with the Coastal Construction Control Line; he set it back approximately 12 feet from the Control Line, but could have put it 12 feet closer to the ocean; and he did not do so as he felt it would be safer and better where it is. He stated since 1976, there has been an accretion of land of approximately a depth of two feet on the beach and a width of approximately 18 feet; and the U. S. government has now determined that he is in a Zone X which is above the 500-year floodplain which means he does not need flood insurance on his house. He advised his house is set back 122 feet from the edge of the vegetation; it is farther back than most of the houses in Brevard County; all he wants to do is line up his new house basically with the existing house; and on the third floor deck, he intends to put a viewing platform which could be built in front of the Coastal Construction Control Line according to the County's Ordinance, but it will be in back of it also except for the roof overhang.

Chairman Higgs requested staff confirm the primary and secondary dune at the location.

Section Supervisor Debbie Coles stated staff has investigated and looked at the site; it is very unique and encompasses an area that has a primary and secondary dune system; the applicant has basically cleared to the residence that he has now and for his drainfield area; and the rest of it is virtually in its natural state.

Chairman Higgs stated there are a number of unique features; she has looked at the site; the beach has built up at this location; the house is set back significantly with the two dunes; and what Mr. Campanile is asking is not to go beyond where the existing home is which is something the Board has considered in the past. She recommended approval of the request based on the uniqueness of the property, the dune, the accretion, and Mr. Campanile agreeing to preserve the native vegetation that is waterward of his house.

PUBLIC HEARING, RE: REQUEST BY LOUIS CAMPANILE FOR VARIANCE TO BREVARD COUNTY COASTAL SETBACK LINE

There being no further comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner O'Brien, to approve request by Louis Campanile for a variance of 25 feet to the Brevard County Coastal Setback Line as allowed in Section 8 of Ordinance No. 85-17 and Chapter 62, Article XII, Section 62-4209, entitled Variances, of the Brevard County Code. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: CONSENT AGREEMENT WITH THOMAS METZ, AND SIDNEY AND MARYANNE MELTZER FOR RESIDENCE AT 410 RIGGS AVENUE, MELBOURNE BEACH, FLORIDA

Chairman Higgs called for the public hearing to consider a consent agreement with Thomas Metz, and Sidney and Maryanne Meltzer for residence at 410 Riggs Avenue, Melbourne Beach, Florida.

Chairman Higgs stated the only difference in the agreement that the Board originally received is that it would bind the successors to the client in this agreement.

Thomas Metz stated they have no problem with that; the proposed revised drainage ordinance will actually have that in it; and it will hold the homeowner responsible for any changes in the drainage plan.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to execute Consent Agreement with Thomas Metz, Builder, and Sidney and Maryanne Meltzer, Owners, developed as a resolution to the encroachment of a primary structure into the 15-foot surface water setback for residence at 410 Riggs Avenue, Melbourne Beach, Florida. Motion carried and ordered unanimously.

DISCUSSION, RE: STATUS OF DEPARTMENT OF COMMUNITY AFFAIRS V. BREVARD COUNTY CASE CONCERNING COMPREHENSIVE PLAN AMENDMENT

Commissioner Scarborough stated the memorandum talks about two options; one is to rescind the Comprehensive Plan and the other option is to go to 120 hearing; and requested the County Attorney discuss the third option.

County Attorney Scott Knox stated subsequent to the meeting, it came to his attention that there might be money available to expand the study; the alternative of abatement is another option; and if they are going to complete the study and get some definitive answer one way or the other, it behooves the County to try to abate it pending the results of that study.

DISCUSSION, RE: STATUS OF DEPARTMENT OF COMMUNITY AFFAIRS V. BREVARD COUNTY CASE CONCERNING COMPREHENSIVE PLAN AMENDMENT

Commissioner O'Brien inquired was the first study a waste of money. Chairman Higgs responded at this point she cannot draw a conclusion as to a policy decision, so for her, it was not a useful study; but if they can go further from where they are, then it will be a helpful study.

Commissioner Scarborough stated before there is an assumption that Brevard County did a study at the taxpayers expense, this was for the Lagoon that reached down into Martin County; it was to get a very general background; as it was going on, Department of Community Affairs (DCA) and the County said perhaps information will come from this to help understand what is happening in Port St. John; and the purpose of the study was not to resolve Port St. John's issues exclusively, it was not commenced by the Board, and it had different purposes. He noted Brevard County may evaluate it as falling short of accomplishing its purposes, but it did not commission the original study.

Assistant County Manager Stephen Peffer stated the study was done on behalf of the National Estuary Program to calibrate a model developed in New England to try to determine the effects or impacts of septic tanks in the Indian River Lagoon area; there was a firm hired by the Environmental Protection Agency (EPA) to perform that study; it has completed the study and come up with some conclusions; and there are a number of people who have reviewed that study, and have additional questions and would like clarification as to how that model could be used in the future to try to determine those septic tank impacts, which again was the purpose of calibrating that model. He noted there are some unresolved issues that will need to be addressed in order for Brevard County to be able to successfully use the model to assess the impacts. Mr. Peffer stated the report indicates they have identified a number which identifies the attenuation of nitrogen; however, there is additional information that they need to provide in that model for it to be useful; the County would have to ask different people as to whether they thought the report was adequate; and he believes there are additional issues that need to be resolved.

Mary Tees, Vice President of Port St. John Homeowners Association, stated the Horsley-Whitten study is incomplete and flawed; it is incomplete because they lost samples; there were no samples taken during the dry season; and they have not identified sources of nitrogen from residential, commercial, industrial, and agricultural. She advised the sampling from Port St. John is Unit 1 which is one of the first units sewered in Port St. John; on Page 21 of the report, they assume that the houses are on septic tanks; the houses in the eastern part of Port St. John are on central sewer; Unit 1 is entirely on central sewer; and she has a problem with this report. She stated the study did not address any part of the area that is now in question with the DCA; everything was to the east; the part in question is the western part of Port St. John, west of the coastal ridge; the residents were promised in 1994 or 1995 that additional wells would be placed to put to rest once and for all do they or do they not contaminate the aquifer and get into the Indian River; and for purposes of economy, the wells were not put in. Ms. Tees stated what the County has is another desktop survey and staff assumption that this community will face economic devastation if it is put back on the sewer plan that the DCA requests; one third of the residents in Port St. John live below $15,000 which is the national poverty level; and most of the citizens are retirees on fixed incomes. She noted the residents do not know how the Board will vote on this particular administrative hearing, but they would like to speak directly to the DCA Chairman and perhaps he could come to Port St. John to see what it is facing. She requested the County let the residents of Port St. John go with the septic systems as they know they are not contaminating.

Maureen Rupe, President of Port St. John Homeowners Association, stated this has been a contention for so long and the residents would like to put it to rest; in 1991, the Board voted in approval to walk away from the Tri-party Agreement requiring the residents of Port St. John to have sewers; the motion, as approved, was to allow the community to build out per the letter dated February 4, 1991 from the State Health and Rehabilitative Services (HRS) office; and in such letter were five conditions. She noted the residents would have complied with the regulations, but they were never implemented; in 1994, the Board removed Port St. John from the future sewer service area; the DCA found the amendment in non-compliance; and the Board approved proceeding with a Chapter 120 Administrative Hearing. She stated County staff spoke with DCA officials and was offered terms which may have formed a basis for settlement prior to the 120 hearing, but she does not know what happened; the residents of Port St. John would like to try to come to an agreement with DCA; if the State can prove that the residents are polluting, then they must go to disaster, knowing there is no alternative; but the State has not proved it. Ms. Rupe stated the emotional and economic impact of being placed back on the sewer service map will be tremendous; and requested the Board's support by asking for a continuance.

Commissioner Scarborough stated it is always nice to say it would be good to be on a sewer system; however, the impact to the community is going to be devastating and disastrous financially to a number of individuals in Port St. John; and this appears to be the prudent way to proceed.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to direct staff to request a continuance concerning the Department of Community Affairs v. Brevard County Case regarding Comprehensive Plan Amendment to remove Port St. John from the Future Sewer Service Area map.

Commissioner O'Brien stated the Board could rescind the amendment; and rescission of the amendment does not require the Port St. John area to connect to sewer service. Commissioner Scarborough stated the County would have a very deadening affect on the market prices and the capacity for homes to sell in Port St. John; and it is so simple to have this continued to try to get a definitive answer.

Commissioner Voltz stated she supports Commissioner O'Brien's comments; it is good planning for Port St. John; and if DCA does not allow a continuance, then the Board needs to come up with an alternative plan.

Commissioner Scarborough stated if DCA does not let Brevard County continue, it will come back before the Board; and if the County says in its Comprehensive Plan it is going to put sewer into Port St. John, it has no ability to say it wants to know as a real factual matter whether those septic tanks are harming the Indian River Lagoon. He noted it is saying it does not care; it is going to put it in; it does not care if DCA comes down and looks at this; and someday the residents are going to have to tear out their septic tanks and pay for a sewer system. He stated the Board will hate that moment as it will impact everything in the County's budget; people will be coming to the Board crying because they are losing their homes; the Board will not be walking away from it; and it is going to be devastating to Brevard County.

Chairman Higgs stated the Board needs the answers to the report; it should go with the continuance and push for a reasonable report on what the impacts are, not only to the Indian River Lagoon, but also the St. Johns River; and she will support the motion.

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

AUTHORIZATION, RE: ACQUISITION OF WICKHAM PARK OUTPARCELS

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to authorize staff to negotiate and acquire 15 outparcels in Wickham Park; and authorize the Chairman to sign contracts for said acquisitions. Motion carried and ordered unanimously.

RESOLUTION, RE: QUALIFYING J. W. PERFORMANCE TRANSMISSIONS, INC. AS ELIGIBLE BUSINESS UNDER THE COUNTY'S TAX ABATEMENT PROGRAM

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to table resolution qualifying J. W. Performance Transmissions, Inc. as an eligible business under the County's Tax Abatement Program until the April 25, 2000 Board meeting. Motion carried and ordered unanimously.

RESOLUTION, RE: QUALIFYING JDS UNIPHASE BROADBAND PRODUCTS, INC. AS AN ELIGIBLE BUSINESS UNDER THE COUNTY'S TAX ABATEMENT PROGRAM

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution qualifying JDS Uniphase Broadband Products, Inc. as an eligible business under the County's Tax Abatement Program; and authorize a public hearing to consider adopting an exemption ordinance. Motion carried and ordered; Commissioner Higgs voted nay.

RESOLUTION, RE: OPPOSING DIVERSION OF TRANSPORTATION REVENUE

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution as requested by the Metropolitan Planning Organization (MPO), opposing the section of House Bill 893 that would modify distribution of the State Comprehensive Enhanced Transportation System (SCETS) motor fuel tax and the general diversion of transportation revenue to non-transportation uses. Motion carried and ordered unanimously.

APPROVAL OF REVISED POLICY BCC-56, RE: BUDGET AND FISCAL POLICIES

Commissioner O'Brien inquired why is the verbiage being changed; with Budget Director Dennis Rogero responding there was an attempt to make the definitions in the Policy less technical and more user friendly to the layman.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to reword Section III.B.8., Page 10, to remove the second approval once project and/or equipment exceeding $75,000 are approved in the Capital Improvements Plan, but return with award of bids. Motion carried and ordered unanimously.

Commissioner Carlson stated Page 21, Item 13, says "During the months of February, May and August of each fiscal year, the County Finance Department shall submit an investment activity report to the Board, and in August of each fiscal year, the Finance Department shall submit an annual investment plan"; she has not seen such plan; and requested a copy of it. She noted in the definitions, there is the use of "custodial" several times throughout the document; and inquired if there should be a definition for "custodial" included. She suggested Page 25, Line 2 be reworded as it reads in the definition, as follows: "Contingency accounts shall be separate from any balance carried forward."

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve changes to Policy BCC-56, Budget and Fiscal Policies, as recommended by the Finance Committee and listed on the Agenda Report; instruct staff to insert a definition for custodial under Definitions and References; and reword line 2, Page 25 to read, "Contingency accounts shall be separate from any balance carried forward." Motion carried and ordered unanimously.

ADDENDUM TO LEASE AGREEMENT WITH VIETNAM VETERANS OF BREVARD COUNTY, INC. AND FRED BOOZER, RE: USE OF BUILDINGS ON FEE AVENUE

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to execute Addendum to Lease Agreement with Vietnam Veterans of Brevard County, Inc. and Fred Boozer for use of the buildings located at 700 and 704 Fee Avenue, Melbourne, Florida. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - LYNN R. HANSEL, GREAT OUTDOORS RV RESORT, RE: KITCHENS IN ACCESSORY STRUCTURES

Lynn R. Hansel, representing The Great Outdoors RV Resort, stated in January, 2000, the Board adopted an Ordinance that made some changes to virtually every residential multi-family, even trailer park, zoning categories dealing with accessory structures; the RVP zoning, which he represents, was overlooked; he has met with Planning and Zoning Director Mel Scott and Zoning Official Rick Enos, who reacted favorably to his request to be included in some format in the Ordinance; and requested the Board allow staff to work with him on the Ordinance amendment.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize the Planning and Zoning Director and Zoning Official to work with Lynn R. Hansel, representing The Great Outdoors RV Resort, concerning an amendment to the Ordinance that accessory structures contained within a recreational vehicle destination park be allowed to construct kitchens. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - PAUL LEVY, RE: AUTO TITLE LOAN RESTRICTIONS

The Board took no action concerning auto title loan restrictions as Paul Levy was not in attendance at the meeting.

PUBLIC COMMENTS

Attorney Paul Gougelman, Attorney for City of Melbourne, stated he is present concerning a motion that was made at the Board's last meeting to file an objection to a recent land use designation on property recently annexed by the City; the property is located at the intersection of Dairy Road and Palm Bay Road; and requested clarification on the motion and possibly reconsideration of where it believes Brevard County may be going in this particular area. He noted there seems to be some question, at least in his mind after talking with various members of the Board, whether it was the Board's intent to move forward with a lawsuit that would be filed against the City; the City is currently engaged with the County in negotiating a joint planning agreement for the unincorporated areas that surround the City; lawsuits are not in the best interest to the County or the City; and there should be some better way to try to resolve this. Attorney Gougelman advised the other reason he is present is to try to respond to concerns that were raised by members of the Board, either at the meeting or individually in telephone conversations; there was a concern about the process the City used for amending its Comprehensive Plan; and he wanted to not only apprise the Board of why the City did what it did, but request the Board further reflect and maybe reconsider its decision. He stated as he understands it, the County is concerned about the process by which the Comprehensive Plan for this property was adopted; the City started the Comprehensive Plan amendment process prior to the time of actually formalizing the annexation; the City held public hearings before its Local Planning Agency and Planning and Zoning Board; and it transmitted copies of the proposed amendment to the Department of Community Affairs (DCA) for comment, and sent copies of it to Brevard County for information and comment. Attorney Gougelman stated after the City gave the affected parties an opportunity to comment, the amendment proposal came back; at that point, the City moved forward with the annexation and adopted it; and after its adoption, the City adopted the Comprehensive Plan. He noted the reason the City uses this process is based on two facets-before annexing, the City believes it is in the public's interest to try to get as many comments as possible as to the future use of the property; the way to do that is by soliciting comments; by following this process, the City did just that; and following the process the other way, by adopting an annexation and then doing the Comprehensive Plan amendment, does not seem to be a very coordinated way to approach the problem. He advised the second problem is based on Florida Statute; it states that "If the area annexed was subject to a county land use plan, county zoning, or subdivision regulations, these regulations remain in full force and effect until the municipality adopts a comprehensive plan amendment that includes the annexed area"; theoretically, the City could annex a piece of property into the City of Melbourne and the County Land Use Plan, County Zoning, and County Subdivision Regulations would continue to be enforced in that area for possibly nine months to one year after annexation, yet City inspectors would have to conduct all inspections on the property; and it does not seem to make a lot of sense under this Statute; therefore, it is the City's goal once it has annexed something to get its Comprehensive Plan amended as soon as possible. Attorney Gougelman stated the City asked the DCA about this and if it was possible to start the amendment process early prior to annexation if it does not adopt a Comprehensive Plan until after the time of annexation; in 1991, the Secretary of DCA wrote a letter to the City which says, "Further, a plan amendment may be proposed for review and adopted on a schedule that sets the adoption hearing for the same date as the second reading of the annexation ordinance"; DCA is recognizing the problems that are posed by the Statute; and it is saying this is a proper and intelligent way of attempting to address this particular problem in a coordinated fashion. He advised the City has tried to move forward and work with the County on a joint planning agreement to further smooth the way for coordination.

Peggy Braz, Planning and Zoning Administrator for City of Melbourne, stated the County's density in this area is four units to the acre; the City has proposed in the residential area 10 units to the acre; this reason is primarily because of sewer; and inquired would Brevard County rather see four units an acre on septic tank or 10 units an acre on City sewer. She noted the City area that is annexed is a buffered area which starts out at C-2, buffers to C-1, and then goes to R-2-10; beyond that it would be four units to the acre; and on the west side of the section, the County also has R-2-10, although it has the land use at four units to the acre. She stated the depth of the C-2 the City is annexing in, the County has commercial zoning deeper; the land use for the area is Mixed Use to a depth of 700 feet; in looking at how this all fits together, it is not something the City pulled out of the sky; and it is something it thought through very carefully and thought would work very well with what Brevard County has. Ms. Braz stated another concern was the amount of trips on the road; the City reduced the density and a lot of development; it has estimated in just the City that it captured about 7,000 trips over what would be estimated if it only used land use; and the City paid over 50% of the cost of improving Dairy Road. She noted things have changed in the area a great deal; Palm Bay Road is scheduled for six-laning; and Dairy Road is now four-laned. She stated this area is a County enclave; there is no sewer; it is only reasonable that this area will be annexed by Palm Bay, Melbourne, or West Melbourne; and the character is very commercial. She advised the City is annexing the Dairy Road right-of-way because the City of Melbourne and City of West Melbourne will try to work out an agreement to cover all the public safety issues; the City of Melbourne has an Agreement with the City of Palm Bay on Palm Bay Road; and requested clarification on the County's objection. She stated she hopes the County and City can work together to solve the issue.

Commissioner Voltz stated Brevard County does not need to be suing cities; if the County has a problem with DCA, it needs to work it out with such Department; while she supported the motion last week, it was her understanding that the County was going after DCA to tell it the County did not like the issue with the process and what was going on; and it was not her understanding that the County was suing the City. She advised intergovernmental coordination is extremely important.

Commissioner Carlson requested clarification from the County Attorney on exactly what the action was and what the Board's options are.

County Attorney Scott Knox stated the action County staff understood was that the County was to challenge the City of Melbourne's action; the way that is done at this particular point in the proceedings is to file a petition with the DCA and Division of Administrative Hearings to say the plan amendment was inconsistent with the Plan; there is an internal inconsistency issue that has to be raised; and that is the way to challenge it. He advised the other issue that came up was the manner in which this Plan was adopted; it would require more clarification from the Board; and staff would have to come back to the Board to get instructions on what to do about that because it would require going after DCA, as well as the City of Melbourne, to eliminate it, unless the County chose to go the administrative route and try to propose some sort of change to the administrative policies.

Commissioner Scarborough stated if it is procedural, he would be willing to rescind the prior action so the County does not get into confrontation; and he is convinced from his conversations with Attorney Gougelman and Henry Hill that the City wants to get into joint planning agreements and do things the right way.

Commissioner Carlson stated this particular issue should bring the joint planning agreement up to the front burner.

Chairman Higgs stated she is concerned with the process by which this has occurred; she wants to object to DCA that the process goes this way; and requested staff bring proposed annexations to the Board when they first come, not on the tail end when they are adopted. She stated it is an important procedural change on the County's side; there needs to be clarification from DCA; and she does not have a problem doing the joint planning agreements and clarifying with DCA, if the County wants to let this one go.

Commissioner O'Brien stated the County should let it go and ask DCA those questions.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to rescind the motion made on March 14, 2000, relating to annexations by the City of Melbourne. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to request the Department of Community Affairs (DCA) clarify its process of reviewing land use changes on properties which have not yet been annexed by municipalities and are still under the jurisdiction of the County; direct staff to bring proposed annexations to the Board when received instead of when they are adopted; and request joint planning agreements with municipalities regarding annexations. Motion carried and ordered unanimously.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 1:56 p.m.

ATTEST:

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

SANDY CRAWFORD, CLERK
(S E A L)