April 30, 2002

The Board of County Commissioners of Brevard County, Florida, met in regular session on April 30, 2002, at 5:30 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O'Brien, Nancy Higgs, Susan Carlson, and Jackie Colon, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Jackie Colon, District 5.

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

APPROVAL OF MINUTES

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve the February 5, 2002 Regular Meeting, February 26, 2002 Regular Meeting, and February 28, 2002 Special Meeting Minutes. Motion carried and ordered unanimously.

DISCUSSION, RE: MAY 9, 2002 WORKSHOP

County Manager Tom Jenkins stated there is a workshop scheduled for May 9, 2002; originally it was the Commission on Aging Workshop; but staff is not ready to have another workshop on that issue, and requested that the Strategic Plan be discussed on that date.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve rescheduling the Commission on Aging Workshop to later in the year, and schedule the Strategic Plan for May 9, 2002. Motion carried and ordered unanimously.

CLARIFICATION, RE: ATTORNEY GENERAL'S OPINION ON AUDIT OF
CONSTITUTIONAL OFFICERS

County Attorney Scott Knox stated he sent out a memo last week about the Attorney General's response to the question concerning the Board's authority to audit Constitutional Officers; and it was suggested that the Board may want to seek clarification of the Attorney General's Opinion, since the question was not really answered.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to authorize the County Attorney to seek clarification on the Attorney General's Opinion regarding audits of Constitutional Officers. Motion carried and ordered unanimously.

DISCUSSION, RE: PRESENTATIONS BY CULTURAL GROUPS

Commissioner Carlson stated the Melbourne Community Orchestra is in the lobby for all to partake of the information it has; and the Orchestra is a non-profit volunteer organization comprised of approximately 65 amateur, professional, and retired musicians, ranging in age from 17 to 84; since its inception in 1990. She stated the Orchestra has continued to provide quality entertainment for the community by providing free public concerts 12 times each year at the Melbourne Civic Auditorium, in addition to other performances throughout the community; and expressed appreciation to Melbourne Community Orchestra.

Commissioner Colon stated she received a letter from individuals who have displayed their organization in the lobby; the letter particularly focused on what the Board was trying to accomplish; and inquired if the Board would like to discuss it. She noted perhaps it would be better if the organizations came at the beginning of a meeting to provide information about their organizations versus having them in the lobby; and the organizations also feel that sometimes Commissioners and citizens go straight into the Commission Room and do not get to enjoy the displays.

Chairman Scarborough and Commissioner Carlson stated the intent sounds good. Commissioner Carlson stated the Sample of the Arts Program is sponsored by the Brevard Cultural Alliance (BCA); she sits on that board and has agreed to make a few comments about each organization as they come; and they have the ability to put out their wares in the lobby for all to look at. She noted it would be nice to have the organizations do a short two-minute spiel on their organization, if it is all right with the Board; and the BCA can address it. Chairman Scarborough stated there was discussion about having school bands play also; and Sharon Luba indicated she could have those filmed and played prior to the Board meetings.

County Manager Tom Jenkins stated when he was at the School Board facility the other day this same discussion took place; and there is a copyright problem when someone else's music is played on television. Chairman Scarborough stated if a group wants to have a performance in the lobby as people are entering, it would be a nice touch for the community, particularly an evening meeting. Commissioner Carlson noted it would be great.

PRESENTATION, RE: MYREGION.ORG

Joel Haas, Chairman of MyRegion.org, encouraged individuals to go to the MyRegion.org website to find out exactly what is going on in their region; and stated MyRegion is very important, but more important is learning about Brevard County and the Brevard Tomorrow Plan and how it is all going to fit into the region. He stated he works with a wonderful group of people, from the East Central Florida Regional Planning Council (ECFRPC) to a number of funding partners and a wonderful staff; and introduced Jacob Stewart, President of MyRegion.org, who will bring the Board up to date on what is happening.

Jacob Stewart stated the last time he appeared before the Board he was asking for its support and received it; today, MyRegion.org is present to say thank you and to update the Board on where the Organization is; MyRegion.org is continuing to receive strong accolades, not only around Central Florida, but across America; and momentum is building. He noted MyRegion.org is working; it is trying to find a safe place in which to have difficult conversations about the future of the region; those conversations take place in front of the Board and across Central Florida; and that is what the Organization is about. He stated MyRegion.org is an activity that is being supported, not only by the Board, but by seven counties throughout Central Florida; there are 14 funding partners, including the Board and Canaveral Port Authority; today the Organization has been all over Brevard County, not just on a field trip, but to learn first hand about some of the things the County is doing; the Organization met with the School Board today; and tomorrow the entire Executive Committee of MyRegion will be briefed by Brevard Tomorrow to make sure that Brevard Tomorrow and MyRegion.org continue to stay integrated and a compliment to one another. Mr. Stewart stated any project such as this requires wonderful volunteers like there are; there is a traditional leadership team, which consists of approximately 130 people on the Leadership Council; there is an Executive Committee of 37 volunteers; and there is a virtual staff made up of various organizations, but especially the Orlando Regional Chamber and ECFRPC coming together to form staff in support of this effort. He noted the Lead Consultant, Michael Gallis, has continued to build on his reputation as a leader in the regional movement across the world; and Mr. Gallis is here today and tomorrow to learn first hand about the beautiful County of Brevard. Mr. Stewart introduced Kay Burk, member of the Executive Council and Leadership Council; Sandra Glenn, Chief Executive Officer of ECFRPC; Jeff Jones, ECFRPC; Shelly Lawton, Project Director of MyRegion.org; and Jamie Pickerel, Consultant with MyRegion.org.

Michael Gallis, representing MyRegion.org, stated the project began in August, 2001; the first phase was completed in January, 2002 called Project Organization; the Organization is now finishing the information phase; there are 256 maps, including the world, North America, Florida, super regional, and regional maps documenting information; and the Organization is present to review these and gain the Board's input. He noted the Organization will also begin an analysis of what the information means, look for conclusions, and identify the opportunities and threats; it will be called a regional framework, not a regional plan; MyRegion.org wants to build a framework of information, analysis, and opportunities that can be used, not only for region level initiatives, but also for individual counties, cities, airports, and school boards as a framework for understanding the context of trends and forces that are acting across the region and are affecting each county, city, community, business, and institution in the region. He stated some of the actions coming out of the projects will be region-wide, but many actions are local, including counties, cities, airports, seaports, space centers, etc. and finding new relationships within which to begin to partner, look at the future, and define the future. Mr. Gallis stated MyRegion.org wants to be able to effectively shape the future; and regions are made of systems-educational, transportation, and economic systems that cross jurisdictional boundaries and operate across multiple jurisdictions. He stated when the Soviet Union collapsed and the age of globalization was entered into, there were new units of global competition, which were defined as market areas, such as Atlanta and Chicago; and those places are considered large metropolitan centers and regions that constitute a marketplace in a world economy. He noted it is characterized by the people, resources, economic conditions, universities, and cultural resources that exist within those regions and similarly in Central Florida; and the MyRegion process is set up so that everyone can join together across public and private institutions lines to learn how to talk to each other. Mr. Gallis advised in America today, there is much dissension, lack of understanding, and conflict over issues that there is no form for discussion; and the MyRegion process is intended to have a dialogue among the various sectors across the region. He stated the maps reveal some interesting things about the region; MyRegion starts with a world map because the region is in a world competition; one map documents all the space launch centers, which have been grouped into four categories, from major launch centers to specialized military centers; and it is meant for people to understand the global competition in this field. He noted while the United States used to dominate this industry, it now counts for about 30% of the launches; and huge global competition is taking place in this industry, which is very much the future of Brevard County and of the region. He noted MyRegion is doing a series of the world maps, from the international airline connections that access world markets to large cities, to position the region to understand how it connects in the world marketplace; in North America, the space map is used; MyRegion used to use the United States; but it now has to look at Canada and Mexico, the connectivity linking the three countries, and the changing patterns of economic development and social interactions across North America. Mr. Gallis stated the transportation map shows the major air hubs, the NAFTA corridor, which goes from Montreal through Toronto, Michigan, the Midwest, and down into Mexico; it also shows the two space launch sites-one in Florida for the expendable vehicles; Florida is performing very differently in the 1990's than it did in the 1970's and 1980's; and within Florida, there are significant differences between Central Florida, North Florida, West Florida, and South Florida, and very significant regional differences in economic performance across the State. He noted the super-region is approximately a 200-mile radius, which is most of Florida, South Georgia, and parts of Southeast Alabama; the size of dots on the map indicate the size of metropolitan economies; Florida is almost an economic zone in and of itself; and Tampa by itself is the largest economy in Florida, is bigger than Miami, and in the 1990's had the highest per capita income growth and the only MSA in Florida that grew above the national average during the 1990's. Mr. Gallis stated in East Central Florida, Melbourne and Titusville are the second largest of the three dots on the map and bigger than Daytona; there are different growth rates and different characteristics for each of those three; MyRegion will look at the combined region and the whole region; and it can look at growth by density change. He noted West Florida has very little growth; the West Coast growth stops north of St. Petersburg; concerning transportation infrastructure, the toll roads are shown in red and yellow on the map; there are only two free Interstates-I-95 and I-4; and there is a huge infrastructure of toll roads. He stated South Florida and the Tampa Region is dominated by the presence of toll roads, which is having a huge effect on the economic development pattern; the three MSA's include Melbourne, Titusville, and Palm Bay; market data says Ocala is part of the region as well and connects to the Orlando region rather than the Tampa region; and MyRegion is looking at environment, history, culture, tourism, infrastructure, and economic development, systematically gathering information and putting it on the same size maps to use as visual diagrams to compare data. Mr. Gallis stated the region land use is entirely dominated by the environment; it is the most complicated environmental setting MyRegion has ever worked in and probably exists anywhere in the United States; it is different than South Florida; and everybody knows there are environmental problems in Florida, but the environmental structure of this region is very different than South Florida where there are the Everglades and coastal strip to build on. He noted Brevard County is an interlace of coast, sets of rivers, and lakes; the history of urbanization is geared to varying communities having their own places within this environmental structure; it is an amazing picture; and reiterated this region is in the most complex situation in the United States and in Florida. He stated it is essentially where the Appalachian Mountain chain dies out, and the Lake Wales Ridge meets the tropical environment coming north and intersect, producing this incredible area of complexity. He stated the areas in red on the map indicate high growth and the lighter-colored areas represent low growth; across the coastal plain, areas include low growth directly next to areas of extremely high growth; and there is not a consistent pattern. Mr. Gallis noted it is the fractured and jigsaw-puzzle nature of this that makes it unusual, and combined with the environment, begins to set up some complexities in looking at regional strategies and local strategies; there is much diversity within Brevard County, which is one of the most diverse counties in the entire region; and MyRegion is going to look at an analysis of the strategies for the future, how these things correlate or not correlate, where to invest and not invest, and what kind of regulations and policies are being formed that will affect it. He stated each unit, business, and institution is part of a larger regional pattern that is affecting everybody interactively; and the process is going to become a framework for everyone to use, not only for region level discussions, but within individual counties, communities, and businesses, to see how they fit into this and where they are going within the larger regional pattern.

Commissioner Colon requested Mr. Gallis elaborate on the environment, complexity of Brevard County, and its uniqueness in the country. Mr. Gallis responded the County has diverse ecological structures that were created both vertically, because of the geology it is sitting on that creates sink holes and lakes, as well as horizontally, with the coastal plain moving inland against the furthest extension of the Appalachians. He stated in the temperature zone in terms of the life forms that began to evolve here, there is the tropics coming up against Brevard County, combined with the North American ecology and its extension meeting and crossing; and there is a vertical structure that is highly changed because of the subsoil geography and then going from an ocean plain with the sets of rivers running up and down. He noted everything is crisscrossing in this area; instead of being a consistent pattern, it is so highly variegated that it does not reveal itself like the Mississippi or Colorado Rivers; it is crisscrossing ecologies sitting on top of each other interwoven together; and that is why, in a regulatory sense, it makes it such a difficult environment. He stated there is no consistency, and each place is like a special place; there is a tremendous beauty; but for the governance side, it sets up tremendous problems; and in realizing the complexity of it, MyRegion can begin to approach it from a new direction.

Chairman Scarborough stated individuals can help with the process by going on their computers to MyRegion.org; they can review the material and provide input; the information will be included for all the people throughout the region; it is an open process; and people are encouraged to participate.

Commissioner Higgs stated if someone does not have a computer at home, they can go to any County library for computer access. Commissioner Carlson inquired what is the methodology Mr. Gallis is using to incorporate things such as Brevard Tomorrow and other initiatives that are occurring throughout the region into the process. Mr. Gallis responded as part of the information phase, MyRegion is trying to collect all the strategic plans and future projections available from across the region; there is not only data up to now, but MyRegion can develop
some forward projections of what people are saying or thinking is going to take place; the methodology is the old hand-style sort through the data technique; and such data can be recorded. He noted the reason the base maps are used is so that everything can be put on a consistent document; airport or seaport plans would go into the transportation section; and Brevard Tomorrow has an economic dimension, educational dimension, etc. that would be included in each of the system data areas.

Chairman Scarborough expressed appreciation to Mr. Gallis for the power point presentation.

RESOLUTION, RE: RECOGNIZING EAGLE SCOUT/SEVEN PALMS WALTER CARL
SCHNADERBECK

Commissioner Carlson read aloud a resolution recognizing Eagle Scout/Seven Palms Walter Carl Schnaderbeck.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to adopt Resolution recognizing Eagle Scout/Seven Palms Walter Carl Schnaderbeck for his achievements, and recommending that all citizens of Brevard County acknowledge his outstanding accomplishments and those of Boy Scout Troop 309. Motion carried and ordered unanimously. (See page for Resolution No. 02-104.)

Walter Schnaderbeck thanked the Board for the Resolution, Scout Master Gator Smith, and his friends and family for their support; and stated he would not have been able to accomplish these goals without their assistance.

Commissioner Carlson presented the Resolution to Mr. Schnaderbeck.

RESOLUTION, RE: PROCLAIMING GRANT/VALKARIA RECREATION AND NATURE
TRAIL BE NAMED TUTTLE TRAIL

Commissioner Higgs read aloud a resolution proclaiming Grant/Valkaria Recreation and Nature Trail be named Tuttle Trail.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Resolution proclaiming the Grant/Valkaria recreation and nature trail currently under development be named the Tuttle Trail in honor of Albert J. Tuttle and the legacy he prepared for future generations in the south portion of the greenway system in Brevard County, and recognizing his tireless efforts and contributions to the community. Motion carried and ordered unanimously. (See page for Resolution No. 02-105.)

Al Vasquez stated, on behalf of Marine Resources Council that Mr. Tuttle served on, along with many other organizations, the Council appreciates the recognition to a man who served the County well; and Mr. Tuttle was a remarkable man with a remarkable spirit.

Mrs. Tuttle stated Mr. Tuttle would have been very pleased with the nature trail.

Commissioner Higgs presented the Resolution to Mrs. Tuttle.

RESOLUTION, RE: OPPOSING EXPENDITURE OF LAND CONSERVATION FUNDS FOR
NON-CONSERVATION PURPOSES

Chairman Scarborough stated there may be an attempt by the Florida Legislature to move $150 million that would have gone to the purchase of environmental lands; there is a resolution for the Board's consideration; and inquired if any of the Commissioners have questions.

Motion by Commissioner Carlson, seconded by Commissioner Higgs, to adopt Resolution supporting the continuation of full funding for the Florida Forever Act, as originally intended in the legislation and opposing the expenditure of land conservation funds for non-conservation purposes. Motion carried and ordered unanimously. (See page for Resolution No. 02-106.)

Commissioner Carlson stated the Board tried this last year, and the Legislature listened; and she hopes it listens this year.

REQUEST FOR WAIVER OF PERMITTING FEE, RE: BREVARD ZOO

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to waive all County development review fees for construction of the African Project and two classroom buildings at the Brevard Zoo. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: RESOLUTION ADOPTING FINAL
ASSESSMENT ROLL FOR LAKEMONT ROAD WATERLINE MSBU

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to grant permission to advertise public hearing for May 21, 2002 to consider a resolution accepting improvements and adopting final assessment roll for Lakemont Road Waterline MSBU. Motion carried and ordered unanimously.

AUTHORIZATION FOR COUNTY MANAGER TO SIGN, RE: AFFORDABLE HOUSING
CERTIFICATIONS

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to authorize the County Manager to sign Affordable Housing certifications that are consistent with the Board-approved HOME Consolidated Plan and SHIP Local Housing Assistance Plan. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE OFF STATE CONTRACT, RE: CHECKPOINT SYSTEM
FOR MELBOURNE BEACH LIBRARY

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to grant permission to purchase off State Contract checkpoint system for Melbourne Beach Library from Checkpoint Systems, Inc. in the amount of $65,790. Motion carried and ordered unanimously.

AUTHORIZE USE OF STATE CONTRACT, RE: PURCHASE OF SHELVING FOR
MELBOURNE BEACH LIBRARY

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to grant permission to purchase off State Contract shelving for Melbourne Beach Library from Standard Business Systems in the amount of $40,597. Motion carried and ordered unanimously.

APPROVAL TO NAME COCHRAN PROPERTY, RE: OARS AND PADDLES PARK

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve the official naming of the Cochran Property located on Banana River Drive in Indian Harbour Beach, the Oars and Paddles Park. Motion carried and ordered unanimously.

APPROVAL, RE: GREATER PALM BAY SENIOR CENTER BUILDING RENOVATION

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve building renovations to the Greater Palm Bay Senior Center to relocate entrance doors and build a 13'x8' room in the enlarged lobby. Motion carried and ordered unanimously.

APPROVAL OF STIPULATION FOR INJUNCTION AND WAIVER OF COSTS, RE:
BREVARD COUNTY V. TROY AND JENNIFER POWERS

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to authorize the County Attorney's Office to enter into the Stipulation for Injunction and Order Approving Stipulation and Granting Permanent Injunction; and waive costs in the amount of $212.00 pertaining to Brevard County v. Troy and Jennifer Powers case. Motion carried and ordered unanimously.

APPROVAL TO DISMISS LAWSUIT, RE: BREVARD COUNTY V. AUGUSTA AND RUTH
WILLIAMS

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to authorize the County Attorney's Office to voluntarily dismiss the Brevard County v. Augusta and Ruth Williams lawsuit for no monetary recovery, and record satisfactions of liens involved in the suit. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: BREVARD COUNTY COMPREHENSIVE ANNUAL
FINANCIAL REPORT AND CITIZENS ANNUAL FINANCIAL REPORT FOR
FY ENDED SEPTEMBER 30, 2001

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to acknowledge receipt of the Brevard County Comprehensive Annual Financial Report, and the Citizen's Financial Report for fiscal year ended September 30, 2001. Motion carried and ordered unanimously.

APPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to appoint Leonard Beckett to the Community Development Block Grant Advisory Board, with term expiring April 30, 2005; Ron Cobb to the Economic Development Commission of the Space Coast, replacing Ed Struttmann, with term expiring December 31, 2002; and Gail Ratliff to the North Brevard Library District Board, replacing Herman Wattwood, with term expiring December 31, 2003. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve the Bills, as submitted. Motion carried and ordered unanimously. (See page for List of Bills.)

PUBLIC HEARING, RE: APPEAL BY MAURICE AND CAROLYN BOUVIER FOR
SURFACE WATER PROTECTION ORDINANCE SECTION 62-3666, SEAWALL

Chairman Scarborough called for the public hearing to consider appeal by Maurice and Carolyn Bouvier for Surface Water Protection Ordinance Section 62-3666, Seawall.

Attorney Tim Pickles, representing the applicants, stated on April 16, 2002, the Board addressed the possibility of amending the Ordinance at issue in the appeal, but did not move forward with amending the Ordinance; the applicants accept that at this point; so it falls back to the applicants' appeal. He noted this is about the fourth time the Bouviers have been before the Board; they appreciate the time that has been spent on the issue, as well as the Board's patience; it boils down to primarily one of fairness; and Mr. Bouvier is in a subdivision where there exists a fair number of seawalls today. He stated some of the seawalls have been permitted and some were not permitted; Mr. Bouvier has experienced a significant amount of erosion; since putting the seawall in, the erosion has ceased; and the bottom line is that the Board has the authority to grant the appeal and allow the permit to go forward so that the seawall can be finished. Attorney Pickles noted the seawall is approximately 80% complete; once it is done, the impact upon this particular canal will be a net benefit to the public and the canal as it will reduce the amount of runoff into the canal; it will significantly reduce the amount of erosion on Mr. Bouvier's property; and if other people were to be able to follow suit, it would also have a net benefit to the public and canal as a whole. He stated Section 62-3668 (3) gives the Board the ability to grant the appeal if it is a net public benefit and does not adversely affect the environment; his clients have enough evidence that the seawall does not adversely affect the environment and improves it; and requested the Board do the right thing and grant the appeal and permit the seawall to be finished so that Mr. Bouvier can enjoy what many of his other neighbors already enjoy, which is a seawall on this particular canal. Attorney Pickles stated the Board had questions about what other mitigating circumstances Mr. Bouvier would be willing to do in order to keep the seawall; Mr. Bouvier is prepared to do additional things the Board, within reason, requests him to do, such as a swale or native vegetation; so if the Board is concerned with any potential adverse environment impact it will be mitigated or completely negated. He stated after the public has spoken, if the Board has any questions or is wondering what Mr. Bouvier would agree to, the Board could request from Mr. Bouvier what it is that he is willing to do in order to keep the seawall.

Maurice Bouvier stated he intends to build something more than a seawall; and it will be a system to control canal bank erosion, reduce stormwater runoff, and capture and break down nutrients and pesticides before they enter the Indian River Isles canal system. He stated stormwater runoff is considered a major contributor to a growing Lagoon crisis, recently described in featured articles in the Florida TODAY, a crisis which has contributed to the deaths of 291 dolphins in the Indian River Lagoon in the last six years; and it is a serious issue. He noted the proposed system consists of three components-a seawall to control canal bank erosion, a swale behind the seawall to capture stormwater runoff before it gets to the seawall, and native vegetation planted in the swale to further capture stormwater and to break down lawn nutrients and pesticides; and by reducing the amount of canal bank sand and soils, and lawn chemicals that enter the Indian River Isles canal system from his property, the system supports the purpose and intent of Section 62-3663 of the Brevard County Code of Ordinances, which states in part, "It is the purpose and intent of this provision to improve the quality of surface waters within the County and protect and enhance the natural functions of these waters." Mr. Bouvier stated the system will be built as a private project, 100% privately funded, and will provide both public and private benefits; completion of the project requires the issuance of the permit to build a seawall component of the system; and that is the issue tonight. He noted some issues have been raised relative to the Ordinance and environmental concerns; the permit application was denied for two reasons, the first based on Section 62-3666 (4) (b), "clear and convincing evidence of properly designed, permitted and installed alternatives to shoreline hardening which have failed to stabilize the shoreline, such as, but not limited to, establishment of native vegetation, gently sloping a tiered shoreline, or other similar alternatives." He stated his property satisfies this criteria since it has a tiered shoreline with a swale and several levels of tiering; and these were illustrated in Ken Rose's report and observed first hand by Commissioner Carlson during her visit to the property on April 15, 2002. Mr. Bouvier stated the second reason for the denial was based on the criteria of Section 62-3666 (1) (c), which requires that the property either be between two existing bulkheaded lots or be located in private canals exhibiting greater than 75% existing bulkheaded lots, with the subject property less than 150 feet from existing bulkheaded lots on either side of the adjoining structure. He stated his property does not meet this criteria as it is 80 feet from a seawall across the canal; he does not know if that is considered to be a part of either side of the adjoining shoreline; and concerning the 75% requirement, if one looks at a strict definition of bulkheaded and seawall per the Ordinance, it excludes in the definition rock built or hardening seawalls. He noted if the County excludes those on the canal with the coquina rock, his property is just over the 60% level; if the coquina rock walls are included in the count, it is over 76%; by the letter of the law, it is 15 points below the 75% level; and requested a variance on the requirement so that he can complete the seawall. Mr. Bouvier stated he is requesting a variance based on the environmental benefits afforded by the system; in addition to the two permit application denial issues, seawalls have been challenged at two of the previous Board meetings on two environmental issues-effects of waves on the seawall and adjacent properties and effects of pressured treated wood on the marine environment.

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to grant additional time for Mr. Bouvier to provide his comments. Motion carried and ordered unanimously.

Mr. Bouvier stated while the two environmental issues do not have a legal bearing in the permit requirements of the Ordinance, they would be addressed in order to insure that the decision on the appeal is based on all the issues of concern by the Board; there are two kinds of wave effects, including boat wakes; the canal in question is a private canal with only one entrance approximately 80 feet in width, extending approximately 1,000 feet in each direction from the entrance; users of the canal are mostly residents with very few visitors; and it is a no wake zone. He noted boat wakes are not an issue; there are also wind-driven waves; since the canal has roughly a north-south orientation, prevailing east-southeast winds are blocked by homes and trees, usually do not produce detectable ripples, and simply cannot reach the surface of the canal; and typical north-south winds produce some ripples, while very strong north-south winds can produce small waves, but they run parallel to the canal bank and would not have any reflected affect on the canal or anything adjacent to it. Mr. Bouvier stated he has been observing the wind and has looked at the canal during the past two weeks; there has not been any side cross wave action; the seawall across from him is not producing any reflected waves; so reflected waves should be an issue in the permitting decision. He noted the final issue is the pressure treated wood; he has spent a lot of time researching the subject and conducted an extensive literature search to obtain data that would allow him to better understand the treatment process and quantify the effects on marine environment; the literature search led to numerous websites, including those of government regulatory agencies, public and private research organizations, special interest groups, and lumber industry organizations and companies; and all wood products are subject to decay or rotting because they are eaten by primitive plants known as decay fungi. He stated the rate of decay can be substantially reduced by introducing water preservatives, such as chromated copper arsenate (CCA) into the wood under pressure; CCC has been used as a wood preservative since the 1930's and is certified safe for land and marine use by all local, state, and federal environmental regulatory agencies; CCA treatment is required for marine applications by the Brevard County Code of Ordinances; and a research note published by the University of Massachusetts states, "Before and during a modified full cell treating process, CCC is water soluble. During the first day or two of air drying after treatment, CCC is rendered insoluble in water in a process called fixation. During fixation, chromium reacts chemically with the wood, permanently binding itself, copper, and arsenic to its cell walls. For this reason, CCA does not leach from the wood. Because it is applied as a water solution, no vapors are ever emitted." Mr. Bouvier stated results of extensive studies sponsored by the U. S. Department of Agriculture demonstrate overwhelmingly that CCA treated products have no harmful effects on marine environments; and Dr. Kenneth Brooks of Aquatic Environmental Sciences, and a key member of a team that conducted these and other federally-sponsored studies over five years to determine the impact of pressure treated wood on the water, fish, and other organisms concluded that there are no documented instances describing a compromised biological integrity associated with the use of any form of treated wood, including CCA treated wood. He stated even searching for the most subtle environmental impact, the studies did not uncover evidence of any adverse impact; and introduction of CCA treated wood structures into the marine environment was found to increase the abundance and diversity of marine life in many situations. He noted the wood structure provides a place for low level marine organisms to live, grow, and flourish; therefore, attracting a higher level of marine species and establishing a marine habitat where none previously existed; and this position was summarized in a question and answer session on the use of treated wood in marine environments. Mr. Bouvier stated one question was if treated wood is used for piers, docks, and pilings does it have any effect on marine organisms; and the answer was no, treated wood does not release significant amounts of preservative materials and many marine organisms live, grow, and flourish on treated pilings. He noted a study at St. Boran Laboratories looked further, checking for any effects on tiny, bottom of the food chain organisms that live in sediment near CCA treated wood; and the study designed by an independent toxicologist, reviewed by independent marine biologist, and conducted by an independent laboratory found no adverse effect from the treated wood. He stated the lack of hazard results from the unique bond that occurs with copper, chrome, arsenic, and wood at the time of treatment; research found no reason to restrict treated wood in marine environments; so pressure treated materials are not a threat to the canal and environment. Mr. Bouvier stated in summary, a 100% privately-funded project is proposed for construction of an erosion control stormwater retention and lawn nutrient pesticide capture system; it is to be constructed on private property along a private canal; it will provide several benefits to the environment with no down side; and it is acceptable to all members of the community and is consistent with Brevard County Code of Ordinances, including the purpose and intent statement. He noted it will be a private project with both private and public benefits; and inquired as a Brevard County property owner, why should he not have the right to complete this project and why are private property owners not encouraged to undertake private projects that benefit the public rather than being prohibited from doing so. He requested the Board's support.

Ron Wilson provided documentation to the Board, but not the Clerk; stated Mr. Bouvier has a pool and a pool deck; water drains onto his yard; there is an existing swale; and it drops off to the back of what has been constructed. He noted the bottom right corner of the diagram shows the six-inch in diameter posts, which will be capped with 2x12 on the top; stringers and vertical piling will be behind with a Type R clean sand over it to filter and maintain the sand above the canal; the new bulkhead as shown on the diagram will have sod or vegetative complex above it that will be in the new swale; and it will take anything that is coming through and provide pre-treatment prior to discharge to the canal. He stated the bulkheads are good for the canal; anytime the river rises, the water soaks the sand under the grass; the water takes out the sand with it; and the canal gets a little bit wider. Mr. Wilson noted if there is a high wind tide, it packs water into the Indian River system; there is then high waters in the canals; if they are not protected by a bulkhead, maintenance dredging will need to take place in the canals; and the cheapest thing to do is to let the homeowner have a system such as the one in the diagram he provided to the Board.

Kent Cady, President of Indian River Isles North Homeowners Association, stated he represents the other residents in the community who are without seawalls at this time, himself included, who are suffering soil erosion at different levels, some worse than others; and expressed appreciation to Commissioner Carlson for visiting the properties and looking over the situation. He noted Mr. Wilson has come up with an alternative method that may be applicable to the situation for Mr. Bouvier and others in the community who may want to save their property from caving into the canal; and the Association appreciates the Board's interest in what has been brought forth today concerning the alternative method.

Commissioner Carlson stated Mr. Bouvier has done a lot of research on this issue; she reviewed the property and talked to the neighbors as well; she looked at other similar properties that are suffering from erosion; and how the erosion is occurring is still in question. She noted Jim Egan of Marine Resource Council (MRC) was also with her to help provide expert discussion on the issue; the County attempted to bring the Surface Water Protection Ordinance back to try to potentially alter some language based on Commissioner O'Brien's suggestions; the Board did not go for that and felt it needed to leave the Ordinance as is; and even though the property has a swale on it and there have been attempts to do alternative methods of stopping the erosion, the Ordinance still requires additional efforts to be taken to secure the shoreline prior to a seawall. She stated the seawall was erected illegally by Jerry Johns; unfortunately for Mr. Bouvier, he was given assurances by Mr. Johns to get all the permits in place and do all the things that were legally necessary to erect the seawall; given the Board's direction, the appropriate action to take is not to sanction the seawall and try to figure out ways of getting around the Ordinance, but to require the removal of the seawall; and this is the logical process she has gone through in trying to figure out ways to assist Mr. Bouvier in his position, which is a problem and civil one as well. Commissioner Carlson stated she realizes the financial losses that Mr. Bouvier has already incurred, but she is also aware of Mr. Johns reputation; currently he will be going in front of the Contractors Licensing Board to address some of the violations that have been done by him in other areas of the County; and if the Board allows the seawall to stay, it is giving its blessing to this sort of action, which is the illegal erection of a seawall. She noted if the other Commissioners have another perspective they would like to share, she would be happy to hear it.

Commissioner Higgs stated the Ordinance offers a method by which people stabilize their shoreline; such method requires that certain things be done as alternatives; it must be demonstrated that those alternatives have failed to stabilize the shoreline; and she does not find clear and convincing evidence that a properly designed permitted and installed alternative to shoreline hardening has not stabilized the shoreline. She noted she cannot find the evidence that would allow the Board to waive that particular criteria; there is an opportunity to stabilize the shoreline; the Code allows, encourages, and requires that before any hardening of the shoreline takes place; and the Board needs to follow the Code.

Commissioner O'Brien stated one can stabilize the shoreline at the waters edge, but the problem here is the erosion that comes off the land; the applicant tonight has said in the best public interest by having the seawall that he will minimize erosion and the sediment transport will be caught in the swale; and that is true. He noted it would start cleaning up the water of the canal by redirecting the fertilizers and pesticides into a swale; the sand behind the seawall will act similar to that of a septic tank, collecting the sediment; and stormwater runoff discharge to the Indian River Lagoon system will be clean as well. He stated the bulkhead has many pluses to it rather than negatives; people can think that rocks, bushes, and shrubs at the waters edge are fine, but it is not; and common sense shows that the runoff from Mr. Bouvier's yard and other yards probably within the same development will keep putting more sediment into the canal. Commissioner O'Brien noted more sediment will degrade the water quality of the Indian River Lagoon system; the filter fabric, Type R3401 works very well; the filter itself is extremely tight woven; and the best part about the fabric is that it will stretch a long distance before it will give and tear. He stated Mr. Bouvier's project meets the best public interest as the end result is cleaner water going into the canal or back into the ground; shown in the diagram behind the wall there is a space as well next to the stringer; such space is to allow the water to intermingle with the groundwater that is already there to help further dissolve anything that may get in there; and without that there would be direct wash off into the canal. Commissioner O'Brien stated that is not what the Board wants to occur; the proposal in the diagram would improve the water system; the applicant has indicated the canal is a no-wake zone and there is no wave action; and the applicant is correct about the results of pressured treated wood. He requested the Board use common sense on the issue; stated seawalls serve a purpose; a swale in the front, use of filter fabric below it, and sand compacted behind all of that will capture runoff that comes off people's yards; and it will improve the water quality. He noted placing rocks to stabilize the soil does not help with water runoff; to deny Mr. Bouvier's request would be the wrong thing to do, as Mr. Bouvier meets the section of the Code saying it serves a public purpose; and the existing bulkhead, in conjunction with the construction of a proposed shallow retention swale will effectively preclude and mitigate further bank erosion, sediment transport, and direct stormwater discharge to the receiving canal.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to deny the appeal by Maurice and Carolyn Bouvier regarding denial of a seawall permit. Motion carried and ordered; Commissioner O'Brien voted nay.

OPTIONS, RE: MITIGATING HARRIS BOULEVARD AND LANIADO COMMERCIAL
DRIVEWAY ACCESS

Judy Bova stated the residents' attempts to deal with the Laniado Plaza has been going on for six months; and expressed appreciation to the Board for the actions it has already taken on the safety issues by making a driveway on Harris Boulevard exit only, by doing a study of driver misuse of the driveway, and by putting in many signs. She noted yesterday a new traffic study was started; however, Monday is not a big day for restaurants, so the County probably noted fewer violators at the driveway than it would at the end of the week; and the weekends are a bigger problem. She noted sadly the Board's actions have not solved the safety problems at the exit driveway; the traffic observation by Mr. Thompson and County staff revealed many driveway problems, including seven misuses in eight hours, four of them involving cars going from A1A into the wrong lane of Harris Boulevard and into the exit driveway; and everyday, residents see drivers entering the exit driveway, often pulling off of A1A at high speed and going the wrong way on Harris Boulevard. Ms. Bova stated the residents have brought the Board photographs to show the problem of misuse; inevitably, one of these cases of misuse will prove fatal; the misuse is bound to increase at the Plaza because now it only has one of its eight occupants; and when the other stores get filled up there will be additional problems. She noted for Flora Beach Estates, Harris Boulevard is the only way to get to and from the homes; the short-circling road is, as one Commissioner said, "just an entrance to our subdivision, not a collector road capable of taking traffic from a plaza"; it is now dangerous because of traffic going into the Plaza; and everyday, the Flora Beach children use and cross Harris Boulevard to get to the school bus stop at the northwest corner of Harris Boulevard and A1A. Ms. Bova stated emergency vehicles must be able to get into and out of Harris Boulevard at all times; the Flora Beach Subdivision is in a high traffic area of A1A; it is within 100 yards of the fire station and Holiday Inn, which gets very busy; and there were four accidents in two weeks in that area. She noted the residents do not have a problem with the Plaza being on the corner; but since the driveway has come into Harris Boulevard, there has been a dangerous traffic situation which did not exist before; the residents have no alternative other than to use Harris Boulevard; and the Plaza has an alternative, its own driveway on A1A. She stated the only way the Subdivision can regain the traffic safety it has had over 30 years is to close up the Plaza's Harris Boulevard exit driveway; and requested the Board choose Option 4.

Brian Conway provided an aerial photograph of Flora Beach Subdivision to the Board, but not the Clerk; stated Option 1, which is to do nothing, will not make the problem go away; the residents were told over three months ago that there would be increased enforcement by the Sheriff's Office; but they have yet to see a Sheriff's deputy monitoring the Plaza or speaking to the offenders. He stated Option 2 is to put in a concrete median nose extension with an opening for pedestrians; such Option would have less impact than the temporary posts now in place; the posts have not done anything to stop traffic on A1A coming into the wrong lane of Harris Boulevard; and the curve of the concrete median nose in the proposed extension and the pedestrian opening in it may make some drivers think that is where they should enter. He stated Option 3 is to have the driveway become an entrance and exit, and a cut-through be made in the Harris Boulevard median facing the driveway; this Option will make the traffic and safety problems worse and have other negative effects; the median is only 20 feet wide; the cut- through in the median could accommodate only one car; and there is not a deceleration lane for Harris Boulevard, which is bound to back up traffic on A1A. He noted a large truck or semi-trailer, which service the Plaza, would project out both sides of the cut-through, blocking all traffic in and out of Flora Beach Estates; and if the truck stalls or is in an accident, Flora Beach Estates is totally cut off and no residents or emergency vehicles can get in or out. He stated Harris Boulevard is already used by cars, trucks, and buses to change direction on A1A; if the cut-through were in place and easily visible from A1A, it would be used for U-turns; the trucks and buses would be blocking at least one side of Harris Boulevard; and the cut-through would be a disaster. Mr. Conway stated Option 5 is more signage; the problem is not visibility, but compliance; and more signage would only increase confusion and not solve the problem.

Laraine Scoma stated Option 4 is the only good solution, which is closing the driveway; closing the exit driveway would immediately solve the problems of cars coming off A1A and going the wrong direction on the one way Harris Boulevard and into the Plaza; the deceleration lane on A1A would help the Plaza by allowing drivers to easily find their way into the Plaza through the entrance and exit on A1A that exist; and delivery and garbage trucks have already proven that they can successfully use that A1A driveway. She noted the deceleration lane would make using the A1A driveway easier for the customers and less dangerous for traffic following them on A1A; only the County can solve the safety problems caused by this exit driveway; the owner of the Plaza has shown himself to be unresponsive to the safety concerns; and the whole history of the Plaza, continuing recently with the illegal installation of high intensity pole lights, is a record of the owner ignoring County requirements and the impact on neighbors. Ms. Scoma stated the residents were flooded with blinding lights; the Plaza owner has since applied for the proper permit and had to put in the proper wattage; Dick Thompson has come up with a figure of the cost for Option 4; and inquired what is that cost compared to the loss of a life or wrongful death lawsuit. She noted two years ago her daughter was killed on a Florida highway by a constantly offensive negligent driver; it has led to a wrongful death lawsuit for almost $1 million; and if the Plaza's driveway onto Harris Boulevard is closed, the negligent or confused drivers will not break the law. She stated the safety of the Flora Beach residents is threatened; and requested the Board support Option 4.

Lisa Pezze stated she had a kidney and pancreas transplant four years ago; ambulances have been to her home at least 20 times in four years; she has a lot of health problems; and her main concern is for the emergency vehicles using Harris Boulevard. She noted she is afraid emergency vehicles will not be able to enter or exit because of the driveway; and requested the Board support Option 4.

Nancy Kolczynski stated she has lived in Flora Beach Estates for 33 years; she has raised four children in the area and has grandchildren also who walk to the beach; there has been a lot of traffic; sometimes it takes her 10 minutes to pull out onto A1A; and advised of drivers entering the exit driveway. She requested the Board support Option 4 to keep the community safe.

Jim Fox stated the exit only onto Harris Boulevard is just an invitation, particularly to southbound traffic from A1A; A1A is dangerous enough without it; and cars pulling in and recognizing the illegality of what they are doing tend to speed up. He noted the intersection poses a threat to people, especially younger children going to the beach with their families; there are an incredible number of drivers entering the wrong way on a one-way street; as rentals in the Plaza increase, it is only going to get worse; and the cut-through will only increase the traffic and confusion. He requested the Board eliminate any access from or onto Harris Boulevard; and stated there has to be a reasonable way to access from A1A at the current entrance.

Commissioner Colon stated the issue has been brought before the Board previously; the citizens were trying to tell the Board about the problems while construction was taking place and prior to the driveway being built; and she supports Option 4. She inquired if the monies could come from the Municipal Service Taxing Unit (MSTU). County Manager Tom Jenkins responded the MSTU for that area would be the first choice. Chairman Scarborough advised he can support Commissioner Colon on the item.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to approve Option 4, to close driveway with curbed island across the driveway, landscape the island, construct a taper to connect to the S.R. A1A entrance, and relocate dumpster pad to the north end of the driveway to mitigate Harris Boulevard and Laniado commercial driveway access; and authorize funding from the MSTU in the area in the amount of $18,000.

Commissioner Higgs inquired in one of the drawings on Option 2, if the County were to vegetate that area from the driveway cut up to the nose, do the extended nose, and do a taper without closing the driveway onto Harris Boulevard, would it take care of most of the problems.

Traffic Engineering Director Dick Thompson responded the possibility exist that it could, but he has little doubt because the vegetation would have to be held back a sufficient distance to allow proper sight distance for bicyclists and pedestrians in the crosswalk versus vehicles that are eastbound on Harris Boulevard. He noted Option 2 would have some effect, but not a sufficient amount; the medians are not watered at this time; and it takes about 18 months to get vegetative growth sufficient to where it would stand on its own without being constantly watered.

Chairman Scarborough stated he would be concerned about somebody coming from the other direction and vegetation blocking vision, creating the propensity for an accident.

Commissioner Carlson stated she agrees there is a serious situation and a danger to the people who are living there because of the configuration of the small intersection; and inquired is there a decel lane attached to the development. Mr. Thompson responded there is no turn lane for the intersection or the driveway; approximately two weeks ago, he and Mr. Osborne went to review the feasibility of installing the turn lane taper; as they drove up, there was a large tractor trailer parked in the driveway northbound in the front of Papa Johns; and the driver backed to the south end of parking lot and drove out the driveway. He noted the problem with closing the driveway is that it is going to be tricky for delivery trucks getting in and out because once the Plaza has 50% or full occupancy, there could be enough vehicles parked in the parking spaces that a driver would have the 24-foot wide driveway to back up and drive out correctly; and the driveway is steep and barely meets Code. Commissioner Carlson inquired if Mr. Thompson is talking about the exit only driveway; with Mr. Thompson responding affirmatively. Mr. Thompson stated he put a staff person out at the intersection last night from 4:00 p.m. to 8:00 p.m.; two vehicles were southbound on A1A that drove around the median nose going the wrong way on Harris Boulevard, and turned left into the driveway; there were three vehicles that came in on Harris Boulevard the correct way, went to the end of the median, made a U-turn, and still turned right into the driveway the wrong direction; there was one internal vehicle that came from the Subdivision, turned right, and went in the driveway; and one vehicle exited the driveway the correct way, but turned left and went against traffic back into the Subdivision.

Commissioner Higgs stated last night 10% of the drivers were violating the proper procedure; and inquired is that level of compliance usual. Mr. Thompson responded it is not unusual to have vehicles drive the wrong way in a one-way driveway and it happens frequently; and as to having any study on the percentage, he does not have any good number to give the Board.

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

The meeting recessed at 7:13 p.m. and reconvened at 7:26 p.m.

PUBLIC HEARING, RE: APPEAL BY SAWGRASS LAND DEVELOPMENT COMPANY
FOR LAND CLEARING AND TREE PROTECTION ORDINANCE, SECTIONS
62-4361 AND 62-4367

Commissioner Carlson requested Item IV.D., concerning Sawgrass Land Development Company, be heard earlier in the meeting as Attorney Jack Kirschenbaum recollected that the Board at a prior meeting indicated it would hear the item at 6:00 p.m. She noted she does not recall that discussion and the item has not been scheduled for a time certain; however, for the benefit of both sides that are present, she does not have a problem bringing the item forward at this time.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to hear Item IV.D., Appeal by Sawgrass Land Development Company, Re: Land Clearing and Tree Protection Ordinance, Sections 62-4361 and 62-4367 at this time. Motion carried and ordered; Commissioner Higgs voted nay.

Chairman Scarborough called for the public hearing to consider appeal by Sawgrass Land Development Company for Land Clearing and Tree Protection Ordinance, Sections 62-4361 and 62-4367.

Attorney Jack Kirschenbaum stated this is an appeal from an opinion of one of the directors of Natural Resources Management Office; he appeared before the Board previously and the discussion included definitions on what an active development order was; the Board asked the County Attorney for an opinion as to whether or not the Comprehensive Land Use Plan, which defines development order, should take precedent over the definition in the Land Clearing Ordinance of active development order; and that is why he is here today. He noted he submitted a memorandum to the Board yesterday, which reiterates his belief that denial of a rezoning and appeal is not an exception from the exemption that one does not need a permit to clear for agricultural purposes under the Ordinance; his client is not seeking an active development order as defined under the Land Clearing Section; and requested the Board overrule the opinion of Conrad White, in his letter of February 14, 2002, and rule that Sawgrass Land Development Company is within the exemption and not seeking a development order as defined in the Code. Attorney Kirschenbaum stated he did not receive any documentation from the County Attorney; he submitted a case or two that demonstrated there could be different definitions in portions of the Code, and they not be overruled by the Comprehensive Land Use Plan because there is no conflict; and there are different definitions for different purposes.

Frank Rockwell, President of St. Andrews Isle Homeowners Association, stated the Association requests the Board deny the applicant's appeal due to legal and environmental impact issues; Attorney Knox has made a good case to support the denial; and provided pictures to the Board, but not the Clerk. He noted wetland A is south of St. Andrews Isle; to the left of the fence is the property of St. Andrews Isle, and to the right is the property of Sawgrass; in mid-February, the Sawgrass developer bulldozed a path along the perimeter of his property bordering St. Andrews Isle; and the picture shows what was done to what was once a pristine wetland. He stated shortly thereafter, cattle started moving in Phase II, which is zoned RU-1-13, and Phase III through the wetland; he talked to the St. Johns River Water Management District, which indicated the wetland would recover from what has been done to it if it is left alone; if cattle are put back out there, the wetland will not recover; and individuals drive their all-terrain vehicles along Phase II behind his house into the wetland and across the wetland into Phase III, which is preventing the wetland from recovering. Mr. Rockwell noted the wetland is being destroyed; and reiterated his request that the Board deny the appeal for legal and environmental impact reasons. He stated no cattle should be put out there to cross the wetland; and the Board should require the developer to block access to the wetland to prevent further destruction of it.

Bob Rogan stated Attorney Kirschenbaum says his client would like to clear the land and graze cattle on the area known as Sawgrass South; he asked the court to quash the County's decision made December 4, 2001, which zoned the property GU, not the RU-1-13 requested by the petitioner; he has also requested the court to command the County to proceed with review of the petitioners original request for RU-1-13 zoning; and inquired does Sawgrass want to raise cattle or build homes. He noted he agrees that the owner of any real property has a right to use it for any lawful purpose; and requested the Board ask Attorney Kirschenbaum to clarify for everyone what his client would like to do with the property known as Sawgrass South.

Melissa Hoagland, representing Citizens For Responsible Growth (CFRG), stated at the April 16, 2002 Board meeting, Attorney Kirschenbaum stated, "If the GU zoning is quashed by the court, the zoning goes back to what it was and who knows what we are going to ask for then"; the implication seemed to be that perhaps the applicant would seek a long-term agricultural use for the property; therefore, they should not be denied an agricultural exemption for land clearing now. She noted in reviewing the consultation submitted by Planning Partnerships Incorporated when the rezoning issue was heard, the zoning options for this parcel of land, which were listed as consistent with the Future Land Use Element of the Comprehensive Plan, were as follows: GU, RR-1, SEU, EU, EU-1, EU-2, RU-1-13, RU-1-11, RU-1-9, RU-1-7, RA-2-4, RA-2-6, PUD, and RPUD; according to the Planning and Zoning staff, of those options, only GU zoning allows for agricultural use of this property; and the applicants seeking to have the GU zoning quashed, by definition, means that they do not seek or plan agricultural use of this property and are actively seeking a zoning classification which will not permit agricultural use. Ms. Hoagland stated it makes little sense to grant an exemption for land clearing for agricultural purposes for a parcel of land for which these purposes are clearly demonstrated as not the applicants' intended use; the CFRG does not have an objection to the use of this parcel on a long-term basis for agricultural purposes; however, the applicants, by their own actions, made it clear that this is not their intention; and if it were their intention to use the property for agricultural purposes, they would not be pursuing the appeal of the only zoning, which allows them to use the property for agricultural purposes. She noted the staff denial of the exemption request should properly be upheld by the Board; Attorney Kirschenbaum stated on April 16, 2002 that the currently pending legal action by Sawgrass Land Development Company seeks only to quash the GU zoning and it is not a pursuit of an active development order; however, the petition for Writ of Certiorari states on Page 9, Paragraph 40, that "The petitioner requests the court to issue a Writ of Certiorari quashing the County's December 4, 2001 zoning decision and to command the County to proceed with its review of petitioner's application for RU-1-13 zoning of the subject site"; and the petitioner's Planning and Zoning application file for RU-1-13 zoning of the subject site includes a submitted drawing of the residential lot configuration for the Sawgrass South development complex, including Phase III and a proposed subdivision plat. Ms. Hoagland stated an active development order is defined by the applicable Ordinance as "an action by the County approving a site development plan, final development plan, or subdivision plat"; Sawgrass Land Development Company is requesting the court to compel the County's action to review and, by implication, grant the petitioner's application for RU-1-13 zoning, which application includes documents included under the Ordinance definition as an active development order; the developer is seeking to have the court overturn the assigned zoning and compel the County to approve the submitted request for RU-1-13 zoning; and the submitted request includes accompanying documentation of lot configuration drawings and proposed subdivision plat. She noted the applicants are seeking an action by the County to approve a site development plan, final development plan, or subdivision plat; therefore, they are not entitled to an agricultural exemption; this is not a punishment for pending legal action; it is simply upholding the terms of governing County Ordinance, which should be equally applicable to all; and requested the Board uphold staff's denial of the exemption request.

Attorney Kirschenbaum stated the applicant is seeking a simple request which is for the County to follow its own laws and not reach outside of the Land Clearing Ordinance to seek the definition of development order that staff prefers; such Ordinance defines active development order; the applicant is stuck with that; and they cannot look at what was originally found in Debbie Coles' letter to Sawgrass Land Development Company as an attempt to grasp the definition of development order from the Comprehensive Land Use Plan. He noted what the Company is seeking in the court is a quashing of the GU zone, which it believes is spot zoning and condemnation, and the imposition of the RU-1-13 zoning classification on the property; as Commissioner Carlson pointed out, when she was making her comments, if the Company is successful in obtaining that zoning, it does not believe it will be limited to any site development plans or other requests or offers that were contained within the proposed development orders that were running along side of the rezoning request; and the applicant is not requesting approval from the court of that site development plan or any such plan. Attorney Kirschenbaum stated his client is seeking a rezoning to the zoning category requested; it is not within the definition of active development order contained within the Land Clearing Ordinance; and everyone knows what his client wants to do with the property--build homes on it under the RU-1-13 zoning category. He noted if the applicant cannot do that, then he is choosing to utilize an appropriate legal use within the GU category, and that is for agricultural purposes; he is entitled to do that right now; he is not seeking an active development order; and it is no mystery. He reiterated the Company would like to build houses under the RU-1-13 zoning category; the Board knows that and it is no hidden ball trick; in the meantime, the only productive, viable, legal use of the property for his client is agricultural purposes; and in order to do that, he must clear property. Attorney Kirschenbaum stated under the County's Ordinances, the Company does not need a permit; it is not going to clear property until the issue is resolved; Sawgrass is a believer in the rule of law; and this is the process to follow.

Commissioner Carlson inquired is an active development order being sought and would the applicant like to achieve RU-1-13 on the property to build a subdivision; with Attorney Kirschenbaum responding affirmatively. Commissioner Carlson stated the Company has an active development order that is ultimately being sought; the applicant is actively pursuing such an order; it does not mean that the Company has any authority to do anything yet, received any approvals, or submitted anything; and currently in the courts is the litigation, the appeal by the Company of approval of GU. She noted although the action is in pursuit of a rezoning, the finding of facts clearly indicates that Sawgrass South at Suntree, Phase III was the intent of the rezoning process; even though there has not been any official action taken on any application as such, there is still that intent, which defines the pursuit of what the applicant is out to do; if the applicant is willing to dismiss litigation or apply for an AU zoning, the County would be hard pressed to not provide the permit requested; and looking through all the facts that she has in front of her and all the testimony that has come before the Board, she cannot support the item. Commissioner Carlson stated although she understands the lawful use of the property, with such an intent in mind, she does not see how the Board can go in that direction.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to deny the appeal of Sawgrass Development Company for an agricultural exemption for land clearing on property east and southeast of St. Andrews Isle, also known as Sawgrass, Phase III. Motion carried and ordered unanimously.

Attorney Kirschenbaum inquired did the Board receive a response from the County Attorney concerning whether the Comprehensive Plan definitions took priority or not; stated it is his understanding that is what everyone was waiting for; and if there was something, he would like to have a copy of the information.

County Attorney Scott Knox advised his Office provided a response to the Board and will give Attorney Kirschenbaum a copy of it.

PUBLIC HEARING, RE: APPEAL OF PERMIT DENIAL BY JOHN AND SANDY NIDA FOR
SURFACE WATER PROTECTION ORDINANCE (POOL CONSTRUCTION)

Chairman Scarborough called for the public hearing to consider appeal of permit denial by John and Sandy Nida for Surface Water Protection Ordinance (Pool Construction).

John Nida stated he and his wife moved to Brevard County approximately 19 months ago; the green arrow on the plat map represents his property and the two orange arrows represent properties within one mile of his property that currently have swimming pools; the yellow arrow represents an adjacent property, which also has a swimming pool; and the waterway is Pelican Creek, between Merritt Point and Pelican Creek Estates, with the Banana River to the right of Merritt Point. He noted during the past two years, he and his wife have applied for a pool permit; under the guidelines of Division 3, Surface Water Management Protection, they were denied such a permit; they have worked diligently to comply with the regulations; and the pool has been redesigned four times in an attempt to conform to such regulations. He stated they have conformed to all regulations, with the exception of one; they cannot produce more land; they have insufficient lot depth to allow construction of the pool, unless they use part of the shoreline protection buffer; and under Section 62-3668, Paragraphs 8 and 8.a. state, "Residential lots are established by deed on Official Records Books prior to 1988. Structures may be built if it can be shown there is insufficient lot depth to allow development in primary or accessory structures and if it can be shown that alternatives and remedies are not applicable. Structures may be built if all requirements of this Division are met." Mr. Nida stated they have met all the requirements that have been given to them in a letter they received from the County Attorney approximately 10 months ago; his property was platted and established deed of record; the home was built in 1965; the total square footage of the pool basin has been reduced and is within the 30% impervious surface limitation, which is a requirement of Division 3; and they have met that requirement through the redesigns put in place. He noted a brick paver system instead of acrylic decking will be put in place; it is not to encourage water runoff, but promote ground absorption of water; although it was not a requirement, they took this as an added value for the community; and a professional engineer has designed a stormwater management system to retain the first one-inch of runoff from the impervious surface. He stated it is a direct requirement within the Division, and they have met such requirement; it is also for the good of the community; a sophisticated water system will be applied to the pool when installed, called Natures II; it will reduce the chlorine and chemical use by 50 to 90% of any normal type of pool; and the pool water exceeds the Environmental Protection Agency (EPA) drinking standards. Mr. Nida noted within one mile of his home on Pelican Creek, there are three dwelling units with swimming pools; such pools are 10 feet from the seawall; two of the pools were built prior to 1998, so they fall within the Division; and the third pool, was built in 1993 on property that is almost identical in size and shape to his and is adjacent to his property. He stated the Natural Resources Management Office (NRMO) approved the adjacent pool in 1993, with a stormwater management system; he would be putting in such a system, plus other factors he is adding for the good of the community; his pool would be 15 feet away from the seawall; and he is seeking a 10-foot variance within the 25-foot setback, as opposed to the 15-foot variances given to the other three property owners so they could build their pools. He requested the Board help resolve the hardship by granting the 10-foot exception and approving the permit; stated all other Codes have been satisfied; he has worked closely with NRMO and his engineers to make sure all the conditions were resolved; and the proposed property is a seawall property and does not have any natural vegetation, but sod, grass and bushes that were brought in.

Commissioner O'Brien stated Mr. Nida is only asking for a 10-foot exception to the shoreline protection buffer; he is going to use brick pavers instead of acrylic decking to encourage water retention, as well as a swale; the Board makes exceptions like this for beach houses, etc. all the time; and he will move for approval.

Motion by Commissioner O'Brien, to approve appeal by John and Sandy Nida concerning Surface Water Protection Ordinance (Pool Construction). Motion died for lack of a second.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to confirm staff's denial of a permit application by John and Sandy Nida to construct a pool and associated deck on a lot that abuts a private canal on Merritt Island. Motion carried and ordered; Commissioner O'Brien voted nay.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, ARTICLE X, DIVISION 3,
SECTION 62-3668, SURFACE WATER PROTECTION (FUEL FACILITIES)

Chairman Scarborough called for the public hearing to consider an ordinance amending Chapter 62, Article X, Division 3, Section 62-3668, Surface Water Protection (Fuel Facilities).

There being no comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner O'Brien, to adopt an Ordinance amending Chapter 62, Article X, Division 3, Brevard County Code; entitled "Surface Water Protection"; stating purpose and intent specifically amending Section 62-3668 entitled "Class II Waters, Outstanding Waters, Aquatic Preserves, Conditionally Approved Class III Shellfishing Waters and Class III Waters"; providing a severability clause; and providing an effective date. Motion carried and ordered unanimously. (See page for Ordinance No. 02-18.)

PUBLIC HEARING, RE: ORDINANCE GRANTING ECONOMIC DEVELOPMENT AD
VALOREM EXEMPTION TO KNIGHT L.L.C.

Chairman Scarborough called for the public hearing to consider an ordinance granting economic development ad valorem exemption to Knight L.L.C.

County Manager Tom Jenkins stated staff is requesting the public hearing be continued to May 7, 2002.

There being no further comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner O'Brien, to continue the public hearing to consider an ordinance granting economic development ad valorem exemption to Knight L.L.C. until May 7, 2002. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, ARTICLE V, DIVISION 4,
SECTIONS 62-805, 62-810, AND 62-815, TRANSPORTATION IMPACT FEE CREDITS
FOR COMMUNITY DEVELOPMENT DISTRICTS

Chairman Scarborough called for the public hearing to consider an ordinance amending Chapter 62, Article V, Division 4, Sections 62-805, 62-810, and 62-815, Transportation Impact Fee Credits for Community Development Districts.

There being no comments or objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Colon, to adopt an Ordinance amending Chapter 62, "Land Development Regulations", Code of Ordinances of Brevard County, Florida; amending Article V "Impact Fees"; amending Division 4 dealing with Transportation Impact Fees; amending Section 62-805 "Definitions" to revise existing definitions and add new definitions; amending Section 62-810 "Payment" to provide a method to authorize payment of impact fee obligations of a developer by a community development district; amending Section 62-815 "Exemptions and Credits" to enable developers and community development districts to receive impact fee credits; and providing a method of prioritizing reimbursements when multiple credit awards are issued; providing legal status; providing a severability clause; providing for area encompassed; providing for conflicting provisions; and providing an effective date. Motion carried and ordered unanimously. (See page for Ordinance No. 02-19.)

AGREEMENT WITH VIERA EAST COMMUNITY DEVELOPMENT DISTRICT, RE:
TRANSPORTATION IMPACT FEE CREDIT

Motion by Commissioner Carlson, seconded by Commissioner Colon, to execute Agreement with Viera East Community Development District for a portion of the construction costs associated with constructing two additional lanes for southbound traffic on Murrell Road, from Barnes Boulevard to Wickham Road. Motion carried and ordered unanimously. (See page
for Agreement.)

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, ARTICLE III, SECTION
62-501, SETTING FORTH SECOND SMALL SCALE PLAN AMENDMENT OF 2002
(02S.2)

Chairman Scarborough called for the public hearing to consider an ordinance amending Chapter 62, Article III, Section 62-501, setting forth Second Small Scale Plan Amendment of 2002 (02S.2).

Chairman Scarborough stated he does not have a problem with the item; there were a number of questions to begin with in looking at the petitions; but the issues have been resolved, according to Lynn Hansel and staff.

Lynn Hansel, Vice President of The Great Outdoors, stated a petition was turned in with approximately 228 signatures; the question was raised at the Local Planning Agency (LPA) meeting as to the opposition; the heading of the petition says, "I have read this zoning notice of Brevard County and am opposed to it for a variety of reasons"; the notice that went out mentions zoning four times, but the notice is a small scale plan amendment. He noted the people who signed the petition were misinformed.

Chairman Scarborough stated there is nothing that is irregular or unusual, and a motion is in order at this time.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Colon, to adopt an Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County, entitled "The 1988 Comprehensive Plan", setting forth the Second Small Scale Plan Amendment of 2002, (02S.2), to the Future Land Use Map of the Comprehensive Plan; amending Section 62-501 entitled "Contents of the Plan"; specifically amending Section 62-501, Part XVI (E), entitled "The Future Land Use Map Appendix"; and provisions which require amendment to maintain internal consistency with these Amendments; providing legal status; providing a severability clause; and providing an effective date. Motion carried and ordered unanimously. (See page for Ordinance No. 02-20.)

RESOLUTION, RE: APPROVING NOTICE OF PROPOSED CHANGE #5 FOR
THE GREAT OUTDOORS DRI

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Resolution approving Notice of Proposed Change #5 for The Great Outdoors Premier RV/Golf Resort Development of Regional Impact. Motion carried and ordered unanimously. (See page
for Resolution No. 02-107.)

PUBLIC HEARING, RE: EMERGENCY ORDINANCE AMENDING CHAPTER 62, ARTICLE
XII, COASTAL SETBACK AND CONTROL LINES

Chairman Scarborough called for the public hearing to consider emergency ordinance amending Chapter 62, Article XII, Coastal Setback and Control Lines.

Commissioner Higgs stated in Section 62-4213, there may be some better language to include there that would be consistent with the Comprehensive Plan language and what the County is doing in item c; instead of saying, "revegetation could be required in the placement of sandbag systems", the language could read, "any shoreline protection project"; and it is consistent with the Comprehensive Plan language that talks about the ability of the Board to require restoration and revegetation. She suggested removing the language, "the placement of sandbag systems" and adding, "any shoreline protection project"; stated if the Board approves a shoreline protection project, it could require the restoration and revegetation, including maintenance; and if the language is left as it presently is, it would only allow the revegetation and restoration in a case of the placement of sandbags. Commissioner Higgs stated she will move the ordinance with the revised language and will also include the amendment by the County Attorney in his memorandum dated April 22, 2002, which would include in Section 62-4212 the sentence, "For the purpose of this Section, the term 'approval' shall mean adoption by unanimous vote after reviewed by the State Land Planning Agency". Commissioner Carlson suggested the County Attorney's statement be included in Section 62-4213 (b) and (d). Commissioner Higgs stated the Board could add an item g under Section 62-4213, which would include the whole Section; with County Attorney Scott Knox responding that is fine.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Emergency Ordinance amending Chapter 62, Article XII, of the Code of Ordinances of Brevard County, Florida, entitled "Coastal Setback and Control Lines"; specifically amending Section 62-4201, Definitions and Rules of Construction; amending Section 62-4205, Intent; amending Section 62-4209, Variances; amending Section 62-4210, Coastal Setback Line Established; amending Section 62-4211, Exemptions to Coastal Setback Line; amending Section 62-4212, Prohibited Structures and Activities Seaward of the Coastal Setback Line; amending Section 62-4213, Permitted
Structures Seaward of the Coastal Setback Line; providing resolution of conflicting provisions; providing for severability; designating area encompassed; providing instructions for inclusion in Code; and providing for an effective date, as amended. Motion carried and ordered unanimously. (See page for Emergency Ordinance No. 02-21E.)

APPROVAL OF FEE WAIVER, RE: VESTED RIGHTS APPLICATION

Terry Rosenberger requested a waiver of fees in the amount of $433 to pursue a vested rights application; stated he owns property in West Canaveral Groves; and the Board's Ordinance adopted in July, 2001 has created a hardship for him.

Chairman Scarborough inquired has the Board approved fee waivers for similar circumstances in the past. Assistant County Manager Peggy Busacca responded at the last meeting, Doug Riehl had a similar request and the Board waived the application fee for vested rights; Mr. Riehl had purchased property before the Ordinance changed in 2001; Mr. Riehl felt that because he was not notified individually that he was unaware that the Ordinance had changed; and when he came to the County to pull his building permit within the last year, he was told he could not. She noted Mr. Riehl had purchased the land with a contract to deed; and it is possible that although individual notification went forward that Mr. Riehl was not notified because the Property Appraiser's data base still showed the original owner. Ms. Busacca stated Mr. Rosenberger has a similar situation in that he has owned the property, has been moving forward, and can show the Board times that he has expended funds in the development process.

Commissioner Higgs stated she remembers Mr. Rosenberger being before the Board and discussing his property and the issues in West Canaveral Groves; and Mr. Rosenberger did not represent that he did not know about the Ordinance or the changes. Mr. Rosenberger stated the Ordinances and things that have changed over the last six years have not always been noticed to property owners; he was aware in 1998 that the Board was proposing to change the Ordinance, which was adopted in 2001; and he thought the Ordinance was laid to rest for awhile and went about his business pursuing development in other specific ways. Commissioner Higgs noted Mr. Rosenberger participated in a number of the public hearings and was aware when the Ordinance was changed that he had the window of opportunity; and the dates were in the Ordinance when it was first adopted. Mr. Rosenberger stated the Ordinance change took him by surprise. Ms. Busacca stated there are potentially many people who would be similarly situated to both Mr. Riehl and Mr. Rosenberger; and there may be many additional requests for fee waivers and vested rights come forward to the Board.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to deny fee waiver of $433 as requested by Terry Rosenberger for vested rights application concerning a single family residence at 2980 Magee Drive, Canaveral Groves. Motion carried and ordered unanimously.

REVIEW OF POTENTIAL USAGES, RE: RIVEREDGE DRIVE PROPERTY

Chairman Scarborough stated Laura Ward met with him in his office; she has a request of the Board concerning a preliminary analysis of land usage along Riveredge Drive south of Titusville; perhaps staff can review the issue in a formal matter; and Ms. Ward's point is that the County has a hodgepodge of different usages on some very unique and valuable property.

Laura Ward stated Riveredge Drive is a unique neighborhood in that it is the last little bit of riverfront in that area; the current zoning classifications create a hodgepodge of possible uses; the land has been transitioning since U. S. 1 moved; the transition has been in the direction of residential; and it is almost exclusively a residential neighborhood now. She noted there is only one small commercial operation with a Riveredge Drive address that is currently operating; there is one restaurant that has closed down; the residents do not know if the restaurant will reopen or not; and there is one small boat repair facility that is closed and on the market. Ms. Ward stated she is present on behalf of Riveredge Drive Neighborhood Group to request the Board have the Zoning staff review potential uses concerning the Riveredge Drive property as it has never been reviewed before.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to acknowledge report from Laura Ward of the hodgepodge land uses and zoning classifications on Riveredge Drive, and that most of the area has changed to residential use; and direct staff to review the area and return with a report on potential uses. Motion carried and ordered unanimously.

Ms. Ward expressed appreciation to the Board and staff for their assistance.

ADVISORY STRAW BALLOT REFERENDUM REQUEST, RE: MERRITT ISLAND
LIBRARY TAX DISTRICT

Joe Pessaro, Chairman of the Merritt Island Tax District Library Board, stated the Merritt Island Public Library is not owned by the County, but by the citizens of Merritt Island; it was built by the citizens with donated land, grants, and monies in 1965; through legal Contract, the Brevard County Library System and Merritt Island Tax District Library Board have co-existed since the 1970's; the Board has a legally binding Contract with such Library Board; and the latest version was signed in 1998 by then Commissioner Roger Dobson. He presented documentation to the Board; stated a copy of the Contract is on Page 3; the language in the Contract stipulates that the Contract is perpetual in its existence and the District is to have 180-day notice from the County if any proposed changes are made to the Contract; and it allows both parties time to iron out any changes that need to be made in the Contract language. He noted what Commissioner O'Brien is proposing is not changing the language, but deleting it; Commissioner O'Brien does not seem to want to abide by the legal terms the County has with the Tax District Library Board; Florida Statutes, Chapter 65-1289, signed in 1965 by the State Legislature, stipulates that the Merritt Island Tax District Library Board will also be perpetual in its existence; and the intent was to have a library that was owned by the citizens of Merritt Island. Mr. Pessaro stated Commissioner O'Brien has never been to one of the Tax District Library Board's meetings nor has he asked to speak with anyone in regard to what he is bringing before the County Commission; Commissioner O'Brien tried to gain the support of the Brevard County Library Advisory Board about one year ago; the Advisory Board called an emergency meeting, which was unannounced, to vote on whether or not to recommend a straw ballot to the County Commission; he spoke at that meeting; and the Advisory Board rejected the proposal and indicated it would readdress it in a couple of years. He noted Commissioner O'Brien is trying to railroad the item through; he never knew that the Merritt Island Tax District Library Board existed until it gave the County a check for $209,000 when a modification was done to the Library about a year and a half ago; Commissioner O'Brien has also told people that his intention was to take over such Library Board and all its funding; but he would not mind if it spent some of its money on projects it had taking place.

Commissioner O'Brien stated he does not mind statements being made, but Mr. Pessaro needs to back them up; Mr. Pessaro is not telling the truth; and he never made the comments referred to by Mr. Pessaro.

Mr. Pessaro stated the members of the Tax District Library Board are appointed by the Governor of the State of Florida; the Governor appoints the members by recommendations, usually by the State Legislators and not counties; Commissioner O'Brien was visibly upset that he was not asked about that; and he contacted one of the Legislators about it and was told to mind his own business. He noted since Commissioner O'Brien is leaving office, he wants to single-handedly try to abolish the Tax District Library Board, a Board that is appointed by the Governor of the State and has nothing to do with the County Commission; and if Commissioner O'Brien feels that strongly that the Library Board is wasting money, he can gather 10% of the signatures for a referendum. He stated contrary to what Commissioner O'Brien stipulates in the Agenda Report, the Tax District Library Board spent approximately $70,000 last year on books; and it spent funds for about 300 plus periodicals, additional resources and staffing, and more computers for customers. Mr. Pessaro stated none of this would be possible without additional tax revenue; a person with a home valued at $75,000 pays about $8.00 a year in additional tax revenue; the tax millage has continually decreased almost every year; and the Library Board is currently under contract with a contractor for modifications to the Library. He noted the Library Board has also been discussing the feasibility of adding a south branch to Merritt Island Library to be located somewhere south of S.R. 520; it would have to be done in conjunction with the County's Library System, which has worked very well; the Library Board was not notified and the item appeared on today's Agenda; and it is wrong to do business that way. Mr. Pessaro requested the Board go along with the legal decisions that the former County Commissioners and their colleagues made, and not waste taxpayer dollars on this or any other proposals that Commissioner O'Brien has concerning the Merritt Island Tax District Library Board; stated the comments he has made are his and not the Library Board; the Library System has pushed the Tax District Library Board into taking control of seven of its nine former employees; the County has given those employees one paycheck each; but next year, it will cost the County $65,000 unnecessarily and $130,000 each year after that. He noted if the proposal is approved, it will cost every citizen additional tax revenue because it is not in the budget to fully fund the Merritt Island Tax District Library Board; last year his property taxes increased by $437; and not one dime of it was because of the Tax District Library Board.

Library Services Director Catherine Schweinsberg stated Mr. Pessaro and the Advisory Board came to the County and said they felt they were not being adequately funded by the County; the County Commission took care of that in the budget last year; it included taking over the staff; and it is a two-year cycle. She noted the County gave the Tax District Library Board additional monies so that it was funded in terms of its book budget, as were libraries of similar size; it also took over some operational costs, such as copiers and insurance; and the County believes the Library Board is now funded equally with the other County libraries.

Commissioner O'Brien noted he finds nothing wrong with asking the public a question on whether it still wants to continue to pay a special tax for the Merritt Island Library, when the Library is fully funded by the County and operated by it.

Chairman Scarborough stated Mr. Pessaro is not speaking for the entire Tax District Library Board; what may be advantageous is to ask the Library Board if it wants anything on the ballot, and if so, what; it needs to come from the entire Library Board; he understands the concept is unique to this County and the people of Merritt Island are paying a tax for a library that does not exist elsewhere; so the people of Merritt Island should have the option to decide whether they want to pay the additional tax.

Mr. Pessaro stated the Tax District Library Board has a legally binding Contract with the County; with County Attorney Scott Knox responding that is correct, but the Contract can be terminated with 180 days notice.

Madeline Baer, Vice-Chairman of the Merritt Island Tax District Library Board, stated the Library Board did not know this issue was coming up and has not had a meeting to discuss it; the Library Board is a board that accomplishes things and has proven it in the past; when the County gave the Library Board $130,000, it put the extra funds into the Library; and the residents were getting the benefit from it. She noted there are a lot of things going on in the Library; the additional meeting room to the Library is now being built; there is also a canopy and three handicapped parking spaces; and if the verbiage is being presented to the residents as whether or not they want to get taxed and pay two taxes, the normal reaction would be negative. She stated everything the Library Board has added to the Library has assisted the residents of Merritt Island; going into this as a straw ballot referendum question has a lot of connotation to it; and it would behoove the Board to review the issue before it decides that the Legislature will make up its mind. Ms. Baer noted the Legislature has a lot on its mind at the present time; requested the Board give the issue a lot of thought before it submits this as a straw ballot referendum; reiterated that the Tax District Library Board has been working for the benefit of Merritt Island residents; and requested the Board not support Commissioner O'Brien's proposal.

Commissioner Higgs stated the actual ballot question that is being suggested is, "Shall the Board of County Commissioners request the Florida Legislature to dissolve the Merritt Island Public Library Special District, and the District's powers and duties be transferred to Brevard County"; the citizens of Merritt Island have done a wonderful job with their Library; the District was formed in 1969, so it is time to ask the question if the citizens want to continue to pay an additional amount; and it is a realistic question to ask. She noted the question is a fair one and should elicit a fair response; so she would support putting the item on the ballot as a straw ballot question.

Commissioner Colon stated there is a problem whenever there is a lack of communication; before the Board takes such a step, it needs to get more feedback from the Tax District Library Board in writing; personal attacks of Commissioners is not productive; and suggested the Board not adopt the resolution this evening.

Commissioner O'Brien stated he spoke with Helen France, Carol Hurst, and other library people; many of his constituents feel they are being double-taxed for the Library; the Library is being fully funded by the County; and it would only be fair to the people of Merritt Island to ask them the referendum question. He noted if the citizens want enhanced library services and to pay for it, they can say so; the referendum would reaffirm something that was done 20 years ago; the citizens pay less for TiCo Airport than they do for the Library; at some point, this has to stop; and the County cannot continue to have double taxation for libraries.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to adopt resolution calling an advisory straw ballot referendum on November 5, 2002 within the territorial limits of the Merritt Island Public Library Special District on the question of whether Brevard County should request that the Florida Legislature repeal Chapter 62-1289 of the Laws of Florida, as amended by Chapters 72-477, 76-330, 82-263 and 94-449 Laws of Florida, which would, in effect, dissolve the Merritt Island Public Library Special District and transfer the District's powers and duties to Brevard County.

Chairman Scarborough stated double taxation means that someone is paying for something twice; enhanced services mean that someone is buying something additional; he hopes the issue is enhanced services; but he is not going to support the motion this evening. He noted he supports proceeding with a question to the people; how the question proceeds needs to be based upon whether the County has treated the people of Merritt Island fairly and not tax them for services they are entitled to as Brevard residents; and that it has led to a level of enhanced service in the Library.

Commissioner O'Brien stated the County in 1989 revised its original Contract with the Merritt Island Library, assuming exclusive control over the operation of the Library; the Tax District retained ownership of the Library building; as of the end of FY 2001/2002, all funding for the Library, including staff books and other operating expenses, has been included in the County's budget; and this action equalizes funding with libraries of similar size. He noted without the need for special tax district funding, the citizens of Merritt Island Tax District should now have an opportunity to decide whether to continue to pay these taxes or not; if the decision is to abolish the District, it would be forwarded to the State Legislature for its action; it could turn down such decision; but the benefit will give the citizens the choice whether to pay extra ad valorem taxes for library services or not. Commissioner O'Brien stated such benefit would also provide the Merritt Island Library with County funding at a level of service equal to all of the libraries in Brevard County; he wants to get the referendum question on the ballot in time; beginning April 1, the Library Services Department will assume responsibility for Tax District employees and take over some operating expenses currently being paid by the District; and it will increase the County media budget to a level similar to like-size libraries. He noted these actions total $65,000; the citizens of Merritt Island currently pay the Countywide library millage in addition to a special millage levied by the Library Special Tax District; it is a unique situation that does not exist anywhere else in the County; and such Tax District is receiving less benefit from the County millage than other similar size County libraries. Commissioner O'Brien stated the program change will assist in meeting Library Services Department's long-range plan Goal 1; the County's libraries will uniformly provide courteous and efficient service to the public; the equalization will provide the Merritt Island Library County funding at a level of service equal to other libraries in the County; and the citizen should always be allowed to answer a question.

Chairman Scarborough stated he does not have a problem with the question and is going to support it; but there is no rush; and he wants to be sure the question is defined with the participation of the entire Library Board. Commissioner Higgs suggested the resolution be tabled until July 9, 2002. Commissioner O'Brien stated the County has until August 15, 2002 to get the referendum question on the ballot, so there is not a lot of time.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to table resolution calling for an advisory straw ballot referendum on November 5, 2002, within the territorial limits of the Merritt Island Public Library Special District on the question of whether Brevard County should request that the Florida Legislature repeal Chapter 65-1289 of the Laws of Florida, as amended by Chapters 72-477, 76-330, 82-263 and 94-449 Laws of Florida, which would, in effect, dissolve the Merritt Island Public Library Special District and transfer the District's powers and duties to Brevard County, to the July 9, 2002 meeting. Motion carried and ordered unanimously.

PUBLIC COMMENTS, RE: AUDITS AND MARINA PARK

Bea Polk inquired what did the County find out concerning the audits. County Attorney Scott Knox responded the Attorney General, in his view, did not answer the question; so the Board earlier tonight voted to get some clarification.

Ms. Polk stated the City of Titusville voted 4:1 to give five acres of public land at Marina Park for a private business; and requested the Board consider getting the property for the taxpayers in Brevard County for recreational purposes. She noted the people of North Brevard are very concerned; and requested the County Attorney find out if it is legal for the County to obtain the property. She noted it is riverfront property; the citizens have been taxed for many years to get more riverfront; and now the City wants to give the property away to a private business.

Chairman Scarborough stated Parks and Recreation Director Chuck Nelson can provide a memorandum advising the Board on the status of some of the issues taking place with North Brevard Parks and Recreation Board and the City of Titusville.

Joan Wheeler provided a copy of the draft minutes from the last Titusville City Council meeting to the Board, but not the Clerk; stated a vice-chairman made the decision on determining whether there was a conflict of interest of a North Brevard Parks and Recreation Advisory Board member; and requested the Board ask the County Attorney to review it. She noted on April 23, 2002, the Council voted 4:1 to take five acres out of the project that the taxpayers are paying for over 20 years; the City of Titusville is desperate for jobs; and forget Florida Forever, particularly if there is a business interested in public land. She stated the County is probably going to have to change the Comprehensive Plan to do what the City wants to do; in November, 2000 the citizens of Titusville and District 1 voted for the funding; the projected price in the brochure was $1,480,000; and the City Council was promoting the referendum, while some officials knew what was going on behind closed doors. Ms. Wheeler stated in November, 2000 the referendum was passed; April, 2001 was the first revelation that the citizens had concerning the park property; the information was revealed at the Community Redevelopment Agency's meeting; and between April, 2001 and April 11, 2002 there have been numerous meetings of the North Brevard Parks and Recreation Advisory Board, a joint meeting with the City Council and Advisory Board, a Town Hall meeting, and numerous letters back and forth. She noted last week the decision was made to take five acres out of the Park; the Advisory Board is going ahead with its plans for the rest of the Park; and she would have supported a referendum to let the people decide what they want, but the City does not seem to want that.

Chairman Scarborough stated the Board can get a report from Mr. Nelson to have a better understanding of the issue.

Nellie Strickland stated Marina Park sits crossways; in the 70's someone tried to purchase the Park, but it did not succeed due to public protest; in 1985, the question was on the ballot whether the Park should remain public property or not; and the people voted to keep the Park. She noted in 1990 there was a $50 million bond issue that the County floated; the people voted for it 2:1; the citizens of North Brevard are more interested in protecting public land instead of it going to industry on the river; and the people further supported the parks referendum. She stated it has been her understanding that items put on the ballot under one issue, which the County did, may not be valid if all the items are not executed; it invalidates the entire process; Marina Park is only one of a bunch of parks that need to be maintained; and there would be no park money. Ms. Strickland stated the St. Johns River Water Management District has spent millions of dollars trying to clean up the Indian River; and expressed concern with a fiberglass industry on the River. She noted it is bad news, especially for health reasons; the citizens should not be responsible for losing all the referenda revenue because someone wants to have something that is not his; and the citizens do not need the City of Titusville's Community Redevelopment Agency Planner.

PUBLIC COMMENT, RE: MERRITT ISLAND LIBRARY TAX DISTRICT

Joe Pessaro stated he is not here to personally attack anyone; he strongly disagrees with what Commissioner O'Brien is trying to do; and he wishes that the Merritt Island Tax District Library Board could have met with Commissioner O'Brien to discuss the issues.

Chairman Scarborough stated the District Library Board has an opportunity to meet; the Board of County Commissioners is going to support Commissioner O'Brien in giving the people of Merritt Island an opportunity to express themselves; the County needs to allow people to vote; but the Board wants to hear from the District Library Board as a group. Mr. Pessaro stated the system has worked for 35 years; other than Commissioner O'Brien, he has only heard one other person complain about paying taxes to the District Library Board; and inquired why is this an issue now. He noted if there is 10% of the people saying they do not want the District Library Board, then he agrees with abolishing it. Chairman Scarborough stated the item will be heard again on July 9, 2002.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 9:01 p.m.

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

(S E A L)