The Board of County Commissioners of Brevard County, Florida, met in regular session on July 22, 1997, at 9:03 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Randy O'Brien, Commissioners Truman Scarborough, Nancy Higgs, Mark Cook and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Richard Greenlee, Zion Fellowship, Palm Bay.

Commissioner Mark Cook led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve the Minutes of the April 8, 15, 22, 24, and 29, 1997 Regular Meetings. Motion carried and ordered unanimously.

ANNOUNCEMENT

Commissioner Scarborough announced there will be a meeting on July 30, 1997 in his District office concerning eco-tourism.

REPORT, RE: EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL

Commissioner Higgs advised of her and Commissioner Voltz's successful efforts to reduce some of the levies of the East Central Florida Regional Planning Council, and her appointment to a Task Force of the Regional Planning Council.

REPORT, RE: WATER SUPPLY WORKING GROUP

Commissioner Higgs advised the Water Supply Working Group met yesterday; reports were made by the St. Johns River Water Management District and representatives of the Volusia Water Alliance; and the County may have an opportunity to participate with the St. Johns River Water Management District in planning. She stated she will provide the Board with a full report in approximately one month.

APPROVAL, RE: DONATION OF SURPLUS COMPUTER EQUIPMENT

Commissioner Voltz advised of Daniel McGrane's health and school attendance problems and Judge Johnson's opinion that having a computer would encourage Mr. McGrane to attend school; and requested approval of donation of computer components from Court Administration which have been declared surplus.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve donation of computer equipment from Court Administration, which has been designated surplus, to Daniel McGrane as requested by Judge Johnson. Motion carried and ordered unanimously.

DISCUSSION, RE: RESPONSE FROM MELBOURNE AIRPORT

Commissioner Voltz advised at the last meeting the Board gave the Melbourne Airport 30 days to respond whether it is interested in taking over the Valkaria Airport; and inquired when a meeting could be scheduled. County Manager Tom Jenkins advised the County will be receiving a preliminary response from the Melbourne Airport in late August. Commissioner Cook advised he wants the Airport to express a strong interest or no interest at that time.

Discussion ensued on scheduling the meeting. The Board reached consensus to direct the County Manager to disseminate the information as soon as the response is received, and put the issue on the Agenda for discussion. Mr. Jenkins advised that may be done on September 9, 1997.

RESCHEDULE, RE: SCRUB JAY PROTECTION WORKSHOP

Commissioner Voltz requested the Scrub Jay Protection workshop be rescheduled to allow more time to meet with constituents; and suggested it be rescheduled to September 4, 1997.

Commissioner Cook suggested the County Manager coordinate a date. Discussion ensued on splitting the workshop, with transportation issues to be discussed on July 31 and the scrub jay issues to be discussed at another time.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to direct the County Manager to reschedule the scrub jay protection workshop after coordinating with the Commission offices. Motion carried and ordered unanimously.

AGREEMENT WITH LORRAINE JOHNSON, RE: FINANCING OF WEST CANAVERAL GROVES IMPACT FEE

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Agreement with Lorraine Johnson for impact fee financing for property located at 6777 Burning Tree in West Canaveral Groves. Motion carried and ordered unanimously.

ESCROW AGREEMENT WITH WINDSOR DEVELOPMENT COMPANY, INC., RE: IMPROVEMENTS IN WINDSOR ESTATES, PHASE II

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Escrow Agreement with Windsor Development Company, Inc. guaranteeing improvements in Windsor Estates, Phase II. Motion carried and ordered unanimously.

REQUEST OF STEVEN CERQUA AND MICHAEL DIGREGORIO, RE: REDUCTION OF CODE BOARD PENALTY

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve reducing Code Board penalty from $3,700 to $600 for overgrowth violation on property located at 1905 Sykes Creek Drive, Merritt Island, for Steven Cerqua and Michael Digregorio; and execute Conditional Release of Lien on the property. Motion carried and ordered unanimously.

REQUEST OF BETTY L. VLADYKA, RE: REDUCTION OF SPECIAL MASTER PENALTY

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve reducing the Special Master penalty from $17,625 to $396 for noncompliance and deteriorated condition of light pole on property at 705 North Courtenay Parkway in Merritt Island; and execute Conditional Release of Lien on the property. Motion carried and ordered unanimously.

CONTRACT MODIFICATION #1 WITH RKT CONSTRUCTORS, RE: SR A1A PEDWAY, FROM FIFTH AVENUE TO FLUG AVENUE

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Contract Modification #1 with RKT Constructors for SR A1A pedway project, from Fifth Avenue to Flug Avenue, decreasing contract amount by $4,649.43; and approve final payment in the amount of $18,938.85. Motion carried and ordered unanimously.

CONTRACT MODIFICATION #3 WITH RANGER CONSTRUCTION INDUSTRIES, INC., RE: MALABAR ROAD WIDENING, PHASE I

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Contract Modification #3 with Ranger Construction Industries, Inc. for Malabar Road Widening, Phase I, decreasing contract price by $209,487.20 and increasing time by four days; and approve payment of $30,000 incentive clause and final payment of $494,490.51. Motion carried and ordered unanimously.

RELEASE OF TEMPORARY CONSTRUCTION EASEMENT TO PERRY AND JUDITH COLEMAN, RE: SR A1A PEDWAY, FROM FIFTH AVENUE TO FLUG AVENUE

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Release of Temporary Construction Easement to Perry and Judith Coleman on property located in Section 31, Township 27 South, Range 38 East for sidewalk construction. Motion carried and ordered unanimously.

EASEMENT TO FLORIDA POWER & LIGHT COMPANY, RE: KIWANIS ISLAND PARK

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Easement conveying County-owned property located in the Kiwanis Island Park area to Florida Power & Light Company to increase capacity for new service and reliability of existing service. Motion carried and ordered unanimously.

TASK ORDER WITH BRIEL, RHAME, POYNTER & HOUSER ARCHITECTS & ENGINEERS, INC., RE: POINSETT GARDENS DRAINAGE ANALYSIS

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Task Order #53709-92-002-11 with Briel, Rhame, Poynter & Houser Architects and Engineers, Inc. for engineering services associated with performing a drainage analysis for Poinsett Gardens in West Cocoa. Motion carried and ordered unanimously.

TASK ORDER WITH CAMP, DRESSER & MCKEE, INC., RE: MERRITT ISLAND AIRPORT DETENTION POND

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Task Order #31030-97-002 with Camp, Dresser & McKee, Inc. for stormwater engineering services for the Merritt Island Airport Detention Pond. Motion carried and ordered unanimously.

CHANGE ORDER NO. 5 AND RELEASE OF RETAINAGE TO PAVCO CONSTRUCTION, RE: DETENTION CENTER MINIMUM SECURITY MODIFICATIONS

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve Change Order No. 5 with PAVCO Construction, increasing contract price by $32,155.73; and authorize release of retainage and payment for Application #8 in the amount of $137,828.73 for dormitory modifications at the Detention Center Minimum Security facility. Motion carried and ordered unanimously.

APPROVAL, RE: TDC CATEGORY B BEACH CLEAN-UP GRANT APPLICATION HANDBOOK

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve TDC Category B Beach Clean-Up Grant Application Handbook which includes eligibility requirements, type of grant available, criteria for evaluation, instructions, and application forms. Motion carried and ordered unanimously.

APPROVAL, RE: TDC CATEGORY E CULTURAL EVENTS REVISED GRANT APPLICATION HANDBOOK

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve revised TDC Category E Cultural Events Grant Application Handbook which includes eligibility requirements, types of grants available, criteria for evaluation, instructions, and application forms. Motion carried and ordered unanimously.

AUTHORIZATION FOR COUNTY MANAGER OR DESIGNEE, RE: EXECUTION OF SATISFACTIONS OF MORTGAGES FOR HOUSING AND COMMUNITY DEVELOPMENT

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to authorize the County Manager or designee to execute Satisfactions of Mortgages for Housing and Community Development clients who have completed the requirements of their mortgage liens and agreements with the County. Motion carried and ordered unanimously.

CONTRACT AGREEMENT WITH UNIQUE MANAGEMENT SERVICES, INC., RE: LIBRARY COLLECTION SERVICES

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Contract Agreement with Unique Management Services, Inc. for recovery of overdue library materials and collection of library fines and fees. Motion carried and ordered unanimously.

GENERAL RELEASE OF ALL CLAIMS WITH PRIORITY ONE CONSTRUCTION, RE: CAPE CANAVERAL PUBLIC LIBRARY CONSTRUCTION

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to authorize the Chairman to sign the General Release of All Claims form with Priority One Construction for Cape Canaveral Public Library construction water damage. Motion carried and ordered unanimously.

RESOLUTION, RE: ESTABLISHING WICKHAM PARK ADVISORY AD HOC COMMITTEE

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to rescind Resolution adopted October 28, 1986 establishing Wickham Park Advisory Ad Hoc Committee and Amendment Resolutions Nos. 90-410 and 92-256; and adopt Resolution establishing Wickham Park Advisory Committee reducing membership from nine (9) to seven (7) voting members. Motion carried and ordered unanimously.

LEASE AGREEMENT WITH CITY OF SATELLITE BEACH, RE: PELICAN BEACH PARK

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Lease Agreement with City of Satellite Beach for Pelican Beach Park for five (5) years with renewal terms of five (5) years. Motion carried and ordered unanimously.

AGREEMENT WITH SHAHROOZ AND SHAHRAM BANAPOOR, RE: USE OF SPRA PARK

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Agreement with Shahrooz and Shahram Banapoor for vehicle access between Perkins Restaurant parking lot and SPRA Park effective July 1, 1997 through June 30, 1998. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: EXTENDING TIME FOR FIRST STREET PARK PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Amendment to Agreement with Department of Environmental Protection for extension of time for development of First Street Park. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: EXTENDING TIME FOR KENNEDY POINT PARK

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to execute Amendment to Agreement with Department of Environmental Protection extending time to August 11,1998 for Florida Boating Improvement Project Funds for improvements to Kennedy Point Park. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH MID COAST CONTRACTING CORPORATION, RE: FIRST STREET BOAT RAMP PARKING IMPROVEMENTS

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve Change Order No. 1 with Mid Coast Contracting Corporation for First Street Boat Ramp parking improvements increasing the contract total by $1,310 for purchase and installation of a new precast storm water inlet. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: FY 1998 SOLID WASTE FEES, SERVICE CHARGES, ASSESSMENTS AND BUDGET

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant permission to advertise public hearing for FY 1998 Solid Waste Fees, Service Charges, Assessments and Budget. Motion carried and ordered unanimously.

REQUEST FOR ADDITIONAL TIME, RE: REPORT ON SMALL AND MEDIUM SIZE CONSTRUCTION COMPANIES CONTRACT ADMINISTRATION

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant additional time to explore recommendations on construction project contract requirements impacting small and medium size companies. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve bills and budget transfers, as submitted. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Voltz, seconded by Commissioner Higgs, to appoint Roz Foster, 3830 Rambling Acres Drive, Titusville, and Georgiana Kjerulff, 710 Acacia Avenue, Melbourne Village, to the Historical Commission. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING DRAINAGE EASEMENT IN SECTION 34, TOWNSHIP 23 SOUTH, RANGE 36 EAST - CHARLES D. CRISAFULLI

Chairman O'Brien called for the public hearing to consider a resolution vacating drainage easement in Section 34, Township 23 South, Range 36 East as petitioned by Charles D. Crisafulli.

There being no comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution vacating drainage easement in Section 34, Township 23 South, Range 36 East as petitioned by Charles D. Crisafulli. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITIES AND DRAINAGE EASEMENT IN GEORGIANA WOODS - GUNNER AND JAN S. FREDHEIM

Chairman O'Brien called for the public hearing to consider a resolution vacating public utilities and drainage easement in Georgiana Woods as petitioned by Gunner and Jan S. Fredheim.

There being no comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution vacating public utilities and drainage easement in Georgiana Woods as petitioned by Gunner and Jan S. Fredheim. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PARKS IN PLAT OF KELLY PARK - FRANCIS K. GROOMS

Chairman O'Brien called for the public hearing to consider a resolution vacating parks in Plat of Kelly Park as petitioned by Francis K. Grooms.

Jack Kirschenbaum, representing Francis Groom, requested the item be continued to the next meeting to allow time to meet with neighbors and their attorney.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to continue the public hearing to consider a resolution vacating parks in plat of Kelly Park as petitioned by Francis K. Grooms to August 12, 1997. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN BAREFOOT BAY, UNIT 2, PART 10 - GERALD AND ELISABETH HICKS

Chairman O'Brien called for the public hearing to consider a resolution vacating public utility easements in Barefoot Bay, Unit 2, Part 10 as petitioned by Gerald and Elisabeth Hicks.

There being no comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution vacating public utility easements in Barefoot Bay, Unit 2, Part 10 as petitioned by Gerald and Elisabeth Hicks. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN HIGHLAND PARK SUBDIVISION - KIM AND ELAINE KAHLER

Chairman O'Brien called for the public hearing to consider a resolution vacating rights-of-way in Highland Park Subdivision as petitioned by Kim and Elaine Kahler.

Willard Davis stated he owns the property; and explained why he is against the vacating.

Commissioner Higgs advised the property to be vacated is the County's right-of-way, not Mr. Davis'; with Mr. Davis disagreeing. County Surveyor Beverly Sutphin advised this is the first time she has heard this, and will be happy to speak with Mr. Davis after the meeting. She requested the item be continued to allow staff to address other technical matters as well as Mr. Davis' problems.

Discussion ensued on the property to be vacated.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to continue the public hearing to consider a Resolution vacating rights-of-way in Highland Park Subdivision as petitioned by Kim and Elaine Kahler to August 19, 1997. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 94, SOLID WASTE CODE

Chairman O'Brien called for the public hearing to consider an ordinance amending Chapter 94, Solid Waste Code.

Graydon Corn advised if cost savings will be passed on to the citizens, he supports the ordinance. Solid Waste Management Director Richard Rabon advised all savings in the program go to the citizens; and explained the advantages of combining Collection and Recycling Municipal Service Benefit Units. He advised the definitions and terms in Chapter 94 have been changed to comply with those in Florida Statute 403.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to adopt an ordinance amending Chapter 94 Code of Brevard County, Florida, Solid Waste; specifically amending definitions Section 94-1 to eliminate the recycling program assessment, redefine the collection assessment to include recycling, and to update and add other definitions in accordance with State and local laws; consolidating Articles II and III relating to collection agreements for the collection of solid waste and recyclable materials; amending Article IV to Article II to prohibit disposal of solid waste except at County or permitted solid waste management facility, to add provision to Division 3 prohibiting accumulation of litter or clean debris which is declared a public nuisance; amend Division 4 regarding prohibited solid waste to reflect updated definitions and State law requirements; amend Article V, now IV to reflect merger of recycling assessment into collection assessment for improved residential properties, incorporate organizational changes within County, amend provisions related to the collection of assessments from governmental properties; to provide for severability; and to provide for an effective date.

Commissioner Voltz inquired if there are any legal problems; with County Attorney Scott Knox responding no.

Commissioner Cook inquired if the cost savings results from combining the administration of the two program; with Mr. Rabon responding affirmatively.

Chairman O'Brien inquired if the cost savings will be passed on to the public by a lower bill; with Mr. Rabon explaining the expenses will be lower, and rates will not have to support the expense.

Chairman O'Brien noted the grant has been substantially reduced, and the savings will help offset the loss, so the public will not see a reduction in the bill.

Commissioner Cook advised the County was one of the few that reached the 30% recycling level.

Chairman O'Brien called for a vote on the motion. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE MODIFYING USE OF RECLAIMED WATER REGULATIONS

Chairman O'Brien called for the public hearing to consider an ordinance modifying use of reclaimed water regulations.

Water Resources Director Richard Martens explained the change in the Ordinance to allow use of garden hoses and other controlled applications as well as sprinkler systems for use of reclaimed water; and advised the change is consistent with State regulations.

There being no further comments or objections, motion was made by Commissioner Cook, seconded by Commissioner Higgs, to adopt an ordinance of the Board of County Commissioners of Brevard County, Florida amending Chapter 110 of the Code of Ordinances of Brevard County, Florida; amending Section 110-301 definitions; amending 110-307 entitled "Area of Operation" to apply the conditions specified in subparagraph (c) to potable water wells and to provide for the conformity of all reuse systems to criteria established by the Board of County Commissioners; amending 110-308 by renaming that section and providing for the mandatory installation of reclaimed water lines in certain types of development; amending Section 110-312 entitled "Exemptions and Variances" by establishing a review procedure and conditions for approval for such exemptions and variances; amending Section 110-319 entitled "Use of Reclaimed Water" by modifying and establishing buffer requirements from both shallow, potable, and water supply wells; amending Section 110-320 entitled "Design Standards" by providing for the establishment of such standards by resolution of the Board of County Commissioners; further amending the portions of that section pertaining to irrigation systems, sprayheads and backflow regulators; amending the ordinance to incorporate reference to the "Water Resources Department" in lieu of the Utility Services Department. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCES AMENDING LANDSCAPING AND LAND CLEARING REGULATIONS

Chairman O'Brien called for the public hearing to consider ordinances amending landscaping regulations and land clearing regulations.

County Manager Tom Jenkins provided a summary of the amendments to be considered by the Board.

Al Notary advised the ordinances should not be adopted as proposed; and suggested items for review.

Dick Gregory, Pat Poole, and Lillian Banks expressed opposition to the proposed ordinances.

Graydon Corn stated he served on the Landscape and Land Clearing Task Force, and the 100% vote is not reflective of the intent of the people. He requested the land clearing ordinance be fixed so people can use their properties, and the landscaping ordinance be canceled.

Bill Rhodes submitted written materials, and expressed concern about the landscape ordinance.

Deanna Reiter advised of concerns with the proposed ordinances, and requested they be simplified.

Bill McCord, City Planner for the City of Melbourne, expressed concerns about the proposed ordinances; and advised he will follow up with written correspondence regarding his concerns.

Chairman O'Brien explained the problem with written materials presented at the meeting; and suggested all materials be submitted prior to the meeting.

Jim French advised the intent was to reduce the Ordinance, but it went from 13 to 22 pages; and commented on increased government, power, and lack of trees at the Government Center and other government buildings.

Commissioner Scarborough advised the Government Center exceeds the requirements of the Ordinance.

Margaret Hames advised she was an appointee to the Landscape and Land Clearing Task Force; and the proposed ordinance is not as good as the existing Landscaping Ordinance. She recommended amending the Ordinance to make it consistent with Florida law and Land Development Regulations. She expressed concerns about landscaping regulations; and suggested amendments.

The meeting recessed at 10:30 a.m. and reconvened at 10:45 a.m.

Tibby Parker spoke in support of the existing Ordinance; and suggested amendments to bring the Ordinance into compliance with State regulations.

Michael Blasky advised the proposed ordinances do not go far enough, but the Board is getting into micromanagement; and commented on the timbering in Valkaria. He noted he lives on land greater than one acre, and the proposed ordinance makes him a criminal if he picks a flower from his garden without a permit. He read aloud from the Brevard County Code regarding public nuisances; and advised of the conflict.

Mary Todd, representing Sierra Club, recommended keeping the current Ordinances.

Carl Signorelli voiced objection to the proposed ordinances; and commented on lack of simplification of proposed ordinances, lack of public support for the regulations, regulations adding to cost of houses, how landscaping can be accomplished, and taking of properties. He requested a study be conducted. He submitted a letter from Sylvester Rose.

Tom Porcella expressed objection to the proposed ordinances; and inquired who proposed the ordinances, and who was for or against them.

Commissioner Cook responded the Task Force, Local Planning Agency, and staff provided suggestions to change the Ordinances; and the County Manager can provide the names. Discussion ensued on the information given to the Florida TODAY newspaper, membership of the Task Force, and reviewing each vote. Commissioner Higgs advised she spoke to a reporter from Florida TODAY, and can provide information on the votes of the Task Force.

Myra Stodden, representing the Titusville Garden Club, advised the Ordinances are acceptable as they stand.

Micah Savell commented on the journalistic license used by Florida TODAY, appointment of committees on every controversial issue, and Board sending ordinances to staff after recommendations from Task Force. He advised appointment of citizen task forces are a waste of citizens' time; and it is wrong to impose regulations that further deprive the people of their rights.

Jonnie Swann expressed support for preservation of the community; advised the Task Force was not a waste of time; commented on provisions of the proposed ordinances; and stated staff and Commission bashing are getting out of hand.

William Ferrell commented on the effect of the proposed ordinances on economic development; and stated property owners should have some rights. He expressed support for protecting the environment of the County; but requested the Board consider the rights of the private property owner and fairness.

Dolores Kane recommended simplifying the point system, providing a waiver, and buyback by the County if property cannot be developed. She recommended compromise and simplification.

B. B. Nelson presented a video showing various properties; and commented on penalties for various violations, marketing of properties, and need for freedom.

The meeting recessed at 11:38 a.m. and reconvened at 11:50 a.m.

Commissioner Voltz advised neither side of the issue is happy with the proposed ordinances; and they were not simplified. She stated the County should have good landscape and land clearing ordinances; but the proposed ordinances are not good. She expressed concern about the point system, over and under planting, tree replacements, maintenance and inspections, the ordinances being in conflict with Florida Statutes or the Comprehensive Plan, and economic impact to the community. She noted the numbers are arbitrary; and recommended developing a different way for trees to be protected. She commented on clearing property without a development plan, requiring 14% of properties for landscaping, problems with palm and pine trees, fines, replanting, and using Tree City USA landscaping issues. She recommended the Board take over the responsibility for determining what is best for the community; and suggested discussing the issue in a workshop format to bring it to closure.

Commissioner Cook expressed agreement with Commissioner Voltz. He commented on the need for good landscape and land clearing ordinances, simplifying the ordinances, and effectiveness of existing Ordinances. He noted his office has not received a lot of complaints about the Landscape Ordinance; and commented on the tedious process to pass laws. He stated the Board has gotten input from the Task Force, the Local Planning Agency, staff, and the public; and it is time for the Board to take a stand. He advised the suggestions of the City of Melbourne may warrant consideration; today was the first time he heard the suggestions; and he would not object to holding a workshop to make a final decision.

Commissioner Scarborough agreed with Commissioners Voltz and Cook; and read from a report from Appraiser Laura Ward recognizing landscape as an enhancement to properties. He stated the County is in competition with other counties and areas; and the visual impression is the first impact of the County. He stated there is a desire to have simplicity; and there is an ability to have a better ordinance with fewer words. He stated the concern is the property value as it affects the total community; commented on clearing agriculture property as opposed to clearing property to a development state; and advised capacity to make money is linked to curb appeal. He indicated willingness to hold a workshop; and recommended concentrating on areas of agreements.

Commissioner Higgs inquired about the length of the ordinances; with Community Development Administrator Peggy Busacca advising of the differences between Brevard County Code and the Ordinance; and stated the original Ordinance had 877 fewer words than the revised ordinances, and 371 of those worlds increased the flexibility of the ordinance and established an affidavit of completion and waivers of landscaping requirements. Commissioner Higgs inquired how the timbering issue would conflict with the existing Ordinance; with Environmental Services Administrator Stephen Peffer responding the timbering was allowed as a silvacultural operation under the Zoning requirements. Mr. Peffer explained the timbering of the Valkaria property is not a development project; and the property will remain in its natural state. Commissioner Higgs advised she is prepared to take action on the proposed ordinances.

Discussion ensued on whether to hold a workshop, existing Ordinances still in effect, Valkaria timbering, public input at meeting, dealing with 13 original proposals at this meeting, taking all actions at one workshop, and Property Appraiser's concern about 15-foot buffer requirement on commercial properties which may deny use on smaller properties.

Chairman O'Brien suggested ordinance changes such as not requiring a map on some lots, no landscape buffer if there is an opaque blockage, and reducing the ordinances to a readable size.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to direct staff to schedule a workshop to discuss ordinances amending landscaping and land clearing regulations.

Chairman O'Brien requested anyone wishing to submit suggestions concerning the ordinances, submit the material one to two weeks prior to the workshop.

Discussion ensued on when to hold the workshop. The Board reached consensus to allow the County Manager to coordinate and schedule the workshop, probably in October, 1997.

Chairman O'Brien called for a vote on the motion. Motion carried and ordered unanimously.

PERSONAL APPEARANCE OF FRANK JAMES HUNTER, RE: CONSPIRACY AND DISCRIMINATION AGAINST MR. HUNTER AND DISABLED PERSONS, UNDER FORFEITURE, REVOKED AND CANCELED PERMITS, AND ILLEGAL COUNTY COURT ACTION

Frank Hunter advised he submitted a packet prior to the meeting which includes documents proving discrimination, conspiracy and other illegal acts by the St. Johns River Water Management District, Brevard County Sheriff's Department, and the County Court system; but noted he has no proof that Sheriff Williams is involved in any action. He advised of discrepancies in his FDLE and Sheriff's records, and action by the Sheriff's Department to take his St. Johns River Water Management District permits. He outlined problems with discrimination concerning disabled hunter permits; and advised the Paralyzed Veterans of America (PVA) authorized him to do a study for disabled hunter permits. He stated the St. Johns River Water Management District did not want him to do the study; and advised of an attack on him and his companion allegedly by Harold Platt and another individual. He stated the Sheriff refused to give the names of the two hunters or charge them with criminal trespassing, illegal entry and harassment of hunters; but he was charged for having a small handgun in the truck, even though he was authorized to have it. He stated four days later all of his St. Johns River Water Management District permits had to be forfeited for life, without due process; and he was slandered. He outlined the legal action taken against him and his experiences in court. He advised of his legal rights; and stated he will get a fair trial. He stated as an agent for a non-profit organization, he should not be tried; he is protected under the Florida Volunteer Protection Act and the Florida Riparian Act; and advised of his rights under the Riparian Act. He demanded the case be dismissed or he be given a fair trial by jury with all his rights before the State Supreme Court, as well as reinstatement of all of his permits by letter and establishment by the Commission of all his riparian rights. He demanded the Board give him full authority as an agent of the County to continue his study for the betterment of the conditions of disabled persons in enjoying the great outdoors. He requested the Board take action against the St. Johns River Water Management District to let disabled persons carry a small sidearm for protection from wild animals. He requested full ingress and egress rights in the Cocoa area adjoining St. Johns River Water Management District lands and riparian rights of ingress and egress on other public lands of the St. Johns River Water Management District, and demanded charges be filed on Harold Platt and his companion, Jennifer McMurtry and Henry Dean of the St. Johns River Water Management District, the head of the Court clerks, Judge Khan, and Judge Friedland. He requested the Board read the first page of his submittal.

Commissioner Cook advised Mr. Hunter brought up legal issues; and recommended it be deferred to the County Attorney.

Mr. Hunter advised he has been slandered by being called a poacher; and denied that he has ever been a poacher. He advised he kills animals as a food supply; and he would like his riparian rights to kill his native food supply of alligators. He explained his possession of the firearm.

Commissioner Cook advised the County Attorney will have to research the Board's authority on the legal issues; and recommended Mr. Hunter meet with the County Attorney. Mr. Hunter stated he would be happy to meet with Mr. Knox; and his attorney is trying to get him to drop him as his attorney because he is frightened. County Attorney Scott Knox advised he would like an opportunity to review Mr. Hunter's packet before commenting; but some things Mr. Hunter is asking for are not within the Board's ability. Discussion ensued on the Board's authority.

Chairman O'Brien advised the County Attorney will contact Mr. Hunter.

PERSONAL APPEARANCE OF CHAPMAN SCHEWE, RE: RFP FOR HMO/PPO INSURANCE

Dan Schewe, representing Chapman Schewe, advised of the commitment that was made by Chapman Schewe to assist the County in establishing and monitoring a long-term plan for the health program to help control health costs over time, insure the quality of the care to the members of the plan, protect the interests of the County, County employees, and taxpayers, help members understand how to access the health plan, and help the County to form a partnership with a health care vendor as a long-term relationship. He advised Chapman Schewe made a commitment to perform patient advocacy; and explained the process. He stated his company committed to monitor provider issues quarterly and report to the County; and advised of the increased number of physicians. He stated another area of commitment is the review of financial performance; and advised of performance guarantees. He stated Chapman Schewe will not interfere or intercede in the Aetna contracting process; the company has not been hired to do so; and hiring a company to provide a direct contracting strategy with providers would only occur under a self-funded scenario. He stated Chapman Schewe wants to continue to work with the County; and if Chapman Schewe is to be removed, he hopes it will not be for what the company committed to do as it has met the commitments.

Jeff Smith advised of the responsibilities of Chapman Schewe to the County as an employer; stated he requested a 30-day reprieve on the RFP; and explained why he requested the delay. He stated Aetna is still trying to process the necessary information to advise how many employees would be disrupted by the 22 physician terminations; and it will be up to the Board to determine if there is an acceptable ratio. Mr. Smith noted most financial information is in arrears 30 to 45 days; and explained the process. He advised the contract with Aetna is only a 12-month contract, and concludes December 31, 1997; but options for continuation are presented in its financial offerings. He explained the recontracting process which Aetna is undergoing; stated he does not condone the strategy Aetna has taken; and explained the function of Chapman Schewe. He outlined the proposal from Aetna; and advised of elements which should be included in future RFPs. He stated Chapman Schewe is never an obstacle for someone in the County to speak to Aetna directly; and advised of the function of Chapman Schewe. He submitted a proposal from Aetna Insurance; outlined the details of the proposal; and stated Aetna is attempting to neutralize the efforts of various members to contact and interfere in their interpretation of the networking process. He suggested terminating Aetna, going out for RFP to solicit information, and negotiating for a 24-month term; and explained the reason for the suggestion. He stated in the 1999 Plan Year, Aetna is proposing to go forward to continue the partnership arrangement; and read sections of the proposal concerning caps on the HMO and PPO, and size of the network. He provided statistics concerning Aetna; suggested a County employee specific contract; and stated the decision must be made whether the County wants managed care, and whether it wants cost, price or access. He advised of the sensitivity of the issue of managed care; and recommended the County not hinder the vendor it hired.

Commissioner Scarborough stated his office has not solicited anything from any doctors; however, he received a letter from Drs. Carrillo and Boodhoo which concerned him. He stated those physicians are not continuing as primary providers because they are being asked to approve procedures performed by specialists after patients have been referred; and they feel that is unethical and inappropriate. He stated that is endangering the health of the employees; and there are fundamental issues of whether the County wants to continue with the concept. Mr. Smith stated after the last 45 days Aetna is in a position to discuss the fundamentals as well as specific doctors which need to be identified to maintain the contract. Commissioner Scarborough stated the problem is the requirements placed on the doctors to continue as primary care providers, whereby they make determinations for specialists. Mr. Smith noted he does not make decisions for Aetna. Commissioner Scarborough stated the Commissioners are discouraged from seeking comments from physicians; but if physicians are dropping out because something is fundamentally incorrect in the way health care is administered, he wants to hear that; and he will interfere with the process because he does not want to see anyone hurt. He stated it would have been appropriate for the Insurance Committee to receive the proposal prior to it coming to the Board.

Steve Warrick, representing Aetna U.S. Health Care, stated Aetna has been working to put together an attractive offer; and it did not attend yesterdays meeting of the Insurance Committee although it has attended other meetings. He explained the referral process which attempts to reduce duplication of testing, and staffing for Orange and Brevard Counties.

Commissioner Higgs stated there was an RFP on the Agenda to consider; however, the Board is not ready to consider that because it only received the information yesterday afternoon. Human Resources Director Frank Abbate advised the Insurance Committee finalized the RFP draft; there was not enough time to bring it to the Board prior to this meeting; and it will be brought back at the next Board meeting.

Commissioner Higgs inquired if the Insurance Committee will meet again to look at the outline from Aetna; with Mr. Abbate responding a meeting can be scheduled prior to the July 29, 1997 Board meeting. Commissioner Higgs stated it would be helpful to get the input from the Insurance Committee; and the Board is not ready to make the decision until it sees the RFP.

Mr. Warrick advised the County is an important client, and Aetna hopes to work out the issues and retain the County's business without going to RFP. Commissioner Higgs advised that hinges on Aetna giving the Committee and the Board solid numbers and parameters under which it will operate.

Commissioner Voltz stated she has no problem with Aetna, but the fundamental problems need to be addressed.

Chairman O'Brien advised he is upset with the process; the list of doctors has shrunk considerably; all five County hospitals are not signed up; and explained his concern with lack of performance of the vendor. He stated the County is not receiving the service it is paying for; and instead of a 5% increase next year, the County should get a 25% refund because the service is not being delivered. Discussion ensued on the pool of physicians, and contracting with all five hospitals.

Mr. Abbate advised the commitment made by Aetna was that each of the five hospitals would be participating in the HMO and PPO; a contract with Parrish Medical Center expired in September, 1996, and there have been attempts to renegotiate that particular contract; and there is no current contract with HealthFirst. Chairman O'Brien inquired if Cape Canaveral Hospital may turn him away; with Mr. Abbate responding no, Aetna's commitment is that they will be treated as participating hospitals; but there would be an impact to the future years of the contract. Chairman O'Brien inquired about the pool of doctors; with Mr. Abbate responding that is one of the fundamental issues. Mr. Abbate advised of the re-contracting and the uncertainty of how many doctors will be re-signed. Chairman O'Brien stated unless the doctors are available, he feels cheated because he was assured all would be available. Mr. Warrick advised 34 physicians have been added; there have been 22 terminations; of the 22, 10 retired or elected not to practice health care; and only 12 left as a result of recontracting. Commissioner Scarborough stated the problem is the Board cannot get a list of names although it has been promised a list since May, 1997; and the pool of doctors is a fundamental issue. Mr. Warrick explained about the recontracting deadlines and the problem in publishing the list.

Discussion ensued on the list of physicians, filling in the blanks in the proposal, contracts with five hospitals, problems with contract, and delivering provisions of the contract.

The meeting recessed at 1:27 p.m. and reconvened at 2:32 p.m.

PUBLIC HEARING, RE: TRANSMITTAL OF 1997A COMPREHENSIVE PLAN AMENDMENTS TO DEPARTMENT OF COMMUNITY AFFAIRS

Planner II Todd Corwin advised two items were transmitted on July 8, 1997; three tabled items will be considered today by the Board; and outlined the items for consideration.

Commissioner Voltz inquired about the acreage for 97.A.1; with Mr. Corwin advising 18 acres of the property can be developed, but 13 acres are wetlands.

Gerald Heyes, President of the Sea Turtle Preservation Society, expressed concern about weakening of requirements on coastal armoring; and advised of the negative impact on sea turtles. He advised of the importance of the sea turtle nesting to the County, and the loss of beaches due to armoring seaward of the dune line.

Jack Wolfe, representing Suntree Community Developers, explained the Land Use Amendment on South Viera Boulevard; displayed a map showing the location of the property; and advised of the size of the project, the amount of wetlands, surrounding land uses, buffers, and entrance to the project. He stated there would be minimal impact on services; the project meets all criteria; and requested approval of the amendment.

Chairman O'Brien inquired if a traffic light or expanded intersection is needed, who would pay for that; with Mr. Wolfe responding the developer would.

Mary Todd, representing Sierra Club, commented on the change to Policy 4.1(c) of the Coastal Management Element; and advised the change is not trivial because of its adverse effect on endangered and threatened species. She stated beach armoring or shoreline hardening is recognized as an important cause of degradation and destruction of sea turtle nesting beach habitat; and advised Brevard beaches are the nesting site of the threatened loggerhead sea turtle and endangered green sea turtle. She stated she is against the change from "shall" to "should."

Commissioner Cook advised Mr. Wolfe met with members of his staff to discuss the Comprehensive Plan Amendment 97A; and outlined the discussion with Mr. Wolfe. He stated the County Attorney advises this would be considered zoning; he reviewed the site; and he cannot support the amendment because this is an inappropriate location for additional commercial. He stated it is incompatible with the community; it is in proximity to U.S. 1 and Wickham Road for individuals who need commercial; the purpose of land planning is to have commercial corridors; and there should not be intrusion into residential areas.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to deny Future Land Use Map Amendment 97.A.1, Suntree Community Developers, Inc. Motion carried and ordered unanimously.

Mr. Corwin advised the next issue is Policy 10.11 of the Future Land Use Element.

Chairman O'Brien stated this amendment provides that parcels will not be automatically rezoned by administrative rezoning; and rezoning would only take place at the property owner's request.

Commissioner Scarborough advised land use controls zoning; and a permit cannot be obtained if the zoning is inconsistent with the land use. He stated part of the problem is that land use changes happen in massive sweeps; there is insufficient notice to individual property owners; and people are denied due process. He stated administrative rezoning provides notice, and brings the matter forward; and at that time the Board can deny the administrative rezoning and request a change to the Comprehensive Plan.

Discussion ensued on administrative rezoning, maintaining property owner's rights, land use changes, loss of zoning without a hearing, loss of investment, zoning inconsistent with land use, lack of notice for Comprehensive Plan amendments, and mistakes that were made.

County Attorney Scott Knox advised zoning has to be consistent with the Comprehensive Plan; when the Plan is changed, the property has to be rezoned to a zoning classification consistent with the Plan to make the property usable; but the proposed amendment provides that the zoning would stay. Commissioner Scarborough advised the Florida Statutes say that does not work. Mr. Knox advised the Statutes require consistency with the Comprehensive Plan; and if the Comprehensive Plan is changed to reflect the existing zoning, the existing zoning is then consistent with the Plan.

Discussion ensued on protecting the individual, pre-existing use, and the amendment not applying to vacant parcels.

Commissioner Higgs stated the Board went through a long series of trying to work out what to do with existing structures when the Comprehensive Plan was changed; and the amendment is saying if a building is there, the property remains in the zoning forever, and planning into the future does not change anything for that building. She stated the pre-existing use policy allows the building to be legal where it is and to have some expansion rights; the amendment is saying the property may continue and exist fully within that zoning classification without heeding the recommendations of the Comprehensive Plan; and that is her concern. She stated the pre-existing use provision was a compromise; it was developed over a long period; and it is fair.

Mr. Knox advised the second provision in the County Attorney's recommendation says the zoning classification is retained unless the Board determines it is inconsistent with the character of the area, etc.

Commissioner Cook explained why the original provision was fair; and stated the Board should have the consent of the property owner before changing the zoning because individuals buy property in reliance upon the zoning. Commissioner Scarborough advised of difficulty in getting bank financing and expanding to have a viable business with non-conforming zoning. Mr. Knox explained the vested rights provision which deals with that problem. Commissioner Higgs advised pre-existing use provision has been accepted. Commissioner Voltz advised there have been instances where people were upset because their properties were rezoned without their knowledge; and this helps clear that up so it does not happen again. Commissioner Cook advised of the recommendation of approval by the CRG and LPA. Zoning Official Rick Enos stated the intent of the policy is to recognize existing uses and the zoning they have; the problem with the language "at the property owner's request" is that the property owner is not going to want to rezone to be consistent with the Comprehensive Plan; and the intent is to have the Comprehensive Plan recognize the zoning, which does the owner a favor. Mr. Enos stated if the rezoning is only done at the property owner's request, he is concerned that it will never be done. Commissioner Cook stated this is another case of the government saying what is good for the individual; and the individual should make the decision. Commissioner Voltz inquired if the zoning would remain the same; with Mr. Enos advising under the proposed policy if an individual has an existing use that was vested prior to the Comprehensive Plan, then the zoning would remain, but current policy is that the County has to administratively rezone the property even if there is an existing use that was consistent with the zoning prior to the Comprehensive Plan. Commissioner Voltz stated it would be necessary to downzone in order to be compatible with the Comprehensive Plan, but the new language makes it all right to leave it what it is. Mr. Knox stated the language "at the owner's request" only applies to rightzoning which is a lesser intensity classification, but that would trigger the Bert Harris Act also; and if the property owner believes he has been devalued because of Board action, he could seek compensation for it.

Discussion ensued on the proposed policy, allowing zoning to remain what it is, rightzoning at the owner's request, and Bert Harris Act violations.

Mr. Enos advised the County would not change the zoning if the current use is at full capacity of the zoning classification; and provided an example. He explained the purpose of rightzoning.

Discussion proceeded on downzoning, and rightzoning.

Commissioner Higgs inquired if there are a number of areas on Merritt Island that have a more intense zoning than is existing; with Mr. Enos responding that exists all through Merritt Island; however, the policy would not affect it because it is mixed use now, so the current BU-2 zoning is consistent with the Comprehensive Plan. Mr. Enos stated if there was a circumstance where there was BU-2 zoning, but the Comprehensive Plan was residential, and there were all BU-1 uses, then the proposed policy would allow the downzoning to BU-1. Chairman O'Brien stated there were a lot of properties on North Merritt Island that were downzoned from RU-2-4 to RR-1. Commissioner Higgs noted the Board has not done the administrative rezoning on all of those; with Mr. Enos agreeing. Commissioner Voltz inquired if the Board is talking about existing uses; with Mr. Enos responding existing uses or vested uses, and provided an example involving vested uses. Commissioner Cook stated there is no problem if the owner requests the change; but if someone owns a BU-2 building with a BU-1 tenant, and the Board changes the Comprehensive Plan, it could be changed to BU-1 which is the current use, and the property would be downzoned; and advised of the impact of the change.

Discussion resumed on notifying the property owners and LPA language.

Commissioner Voltz inquired about notification; with Mr. Enos advising of the impacts of the current and proposed policies. Mr. Enos advised if a property has been downzoned to something less than what is currently on the property, the owner would request the rightzoning; but if the alternative is to leave the property at the higher existing zoning that is not being used, then the owner will not be interested in requesting rezoning.

Chairman O'Brien inquired what will happen if the Board takes no action on this issue; with Mr. Enos responding at this time the Board has been doing administrative rezonings on undeveloped properties, but if the policy is not adopted, the Board will have to start administrative rezonings on developed properties. Commissioner Voltz inquired how the language"at the property owners request" is going to affect the policy. Mr. Enos responded if the Board directs staff to downzone the properties to be consistent with the current Comprehensive Plan, then the property owner will prefer the option to rightzone; but if the Board determines to leave the zoning the way it is, even if it is more than what the owner is using the property for, then the owner will not request the rightzoning. Commissioner Cook expressed concern that a person may not be using property at its full capacity, but that does not mean that the owner does not have an expectation of using the property at its full capacity in the future.

Discussion resumed on downzoning, rightzoning, and flexibility of language.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to leave in the policy "at the property owner's request" and option to rightzone at the current use, as recommended by the LPA.

Commissioner Higgs stated it is possible to use the County Attorney's language and address Commissioner Cook's concern while building in flexibility for the Board.

Mr. Knox suggested using the County Attorney's proposed language which sets standards for making consistency determinations, and insert "at the owner's request" in subsection a.

Discussion ensued on the wording of the policy, LPA recommendation, and County Attorney's recommendation.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to accept the County Attorney's language for the policy amended to include "at the owner's request" in subparagraph 10.11A.

Community Development Administrator Peggy Busacca inquired if the intent is to not allow a use to be reopened if between 1988 and now it lost its non-conforming status and ceased to operate; with Commissioners Higgs, Voltz, and O'Brien responding yes, it would remain closed. Mr. Knox stated under the wording as it currently exists, if the non-conforming use existed at the time the Comprehensive Plan was adopted, whether it is abandoned or not at this time, it would be allowed to start up again unless the Board exercised its right to downzone the property to something else under the second set of conditions. Commissioner Higgs inquired what would happen to the properties that were changed under the 1988 Comprehensive Plan, were then zoned, and are now pre-existing use. Mr. Enos advised that will be a policy determination on the part of the Board; the Board can direct staff to do what should have been done if the policy was not in place; and if they qualify under the definition as an existing use at the time the Comprehensive Plan was adopted, there is no reason why the Board cannot direct that those properties be rightzoned. Commissioner Higgs stated this would be in effect for any past Comprehensive Plan changes. Mr. Knox provided an example.

Chairman O'Brien suggested continuing Policy 10.11 in order to get more information. County Manager Tom Jenkins advised it will have to be continued to a specific time or readvertised.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to continue the Future Land Use Element Amendment, Policy 10.11 to a future amendment cycle.

Commissioner Voltz inquired about time limits; with Mr. Corwin responding once the Board decides to transmit, staff has ten days to send the amendments to the Department of Community Affairs. Mr. Jenkins inquired about the urgency to deal with Policy 10.11 at this time; with Mr. Enos responding staff is acting under Board direction not to do anything with developed parcels in terms of administrative rezoning until this is resolved; and he has no objection to deferring it. Commissioner Cook advised the Board will readvertise at a later time. Ms. Busacca clarified the item will be removed from Amendment 97A, the remainder of 97A will be transmitted, and the issue will come forward in another amendment cycle.

Chairman O'Brien called for a vote on the motion. Motion carried and ordered unanimously.

Chairman O'Brien advised the proposal is to change wording in Policy 4.1C to "no new shore hardening structures should be permitted"; and there are written changes from Commissioner Higgs. He stated there are structures with the ocean at their doors, and one house has been lost to the sea; the County may have to condemn condominiums because the ocean has taken out the fill below them, and the structures have started to crack and become unsafe; and expressed concern about hurricanes. He advised of the conflict between turtle habitat and man's habitat; stated the argument is people should not have built on the ocean in the first place; and explained some problems were caused by the deep water channel cut at Port Canaveral which prevents sand from being returned to the beaches. He stated this is not an act of God, but an act of the federal government.

Commissioner Higgs advised she provided language which would allow the Board to move forward in cases where there is severe erosion; the beach north of Patrick Air Force Base is different than the area south of it; and three drafts have been provided to the Board. She read aloud, "No new hardening structures shall be permitted in unincorporated Brevard County south of Patrick Air Force Base or within Archie Carr National Wildlife with the exception of emergency provisions as provided in Florida Statutes"; and stated that gives the Board the ability to do something when property could be severely impacted. She read, "North of Patrick Air Force Base, no hardening structures should be permitted and all structures shall meet minimum criteria"; and stated before manmade erosion structures are used, non-structural alternatives should be attempted first. She stated all protection measures shall be designed to minimize adverse impacts to the naturally functioning beach and dune system as well as adjacent properties. She stated the language gives the County the flexibility to require dune restoration and revegetation as a component of the shoreline hardening structure, both landward and seaward; and that would provide some environmental benefit. She stated the shoreline protection measures would have to be designed so as not to impede public access; and noted in South Florida there has been considerable detriment to public use of the beaches.

Discussion ensued on changes from the July 7, 1997 memorandum, funding for Objective 4 from TDC, including language "as funding is available", clarification of new Coastal Construction Control Line, impact to fresh water aquifer recharge, and performance-based recharge requirements.

Environmental Services Administrator Stephen Peffer advised the language which is struck through is in the Plan now; it says the maximum impervious surface permitted is 45%; the proposed language says the County wants water back into the ground; and if the individual shows how the water can be recharged, that is acceptable. He stated the beach may allow for greater impervious surfaces because the water can be easily recharged.

Commissioner Cook expressed concern about greater impervious surfaces on the beachside. Commissioner Higgs advised it would give greater flexibility to a person who is building; but it can be omitted until the Comprehensive Plan update.

Discussion ensued on pre-development recharge volume, how salt water intrusion occurs, and fresh water aquifer.

Commissioner Cook stated the larger issue is "shall" versus "should"; and inquired about the change in Policy 4.1; with Environmental Specialist Mark Crosley explaining the change and reason for the change. Commissioner Cook inquired about "all structures in beachfront activities"; with Mr. Crosley responding the intent is any kind of construction activities or beachfront fires; and the State has specific regulations for beachfront activities. Commissioner Voltz suggested enumerating the activities.

Chairman O'Brien recommended deleting the wording in subsection G, which was formerly F, as the laws are already on the books. Discussion ensued on language in original subsection G. Chairman O'Brien read aloud subsection E(1); and suggested deleting the last sentence. He read aloud subsection H; and suggested "shall" be changed to "should." Commissioner Higgs advised the new language is more flexible than what is in the Plan now; but she has no problem with the word "should."

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve the Coastal Management Element Amendment, as amended. Motion carried and ordered unanimously.

Commissioner Higgs inquired if the Board has to adopt the ordinance; with Mr. Corwin responding no, and the final motion will be done at adoption.

The meeting recessed at 4:10 p.m. and reconvened at 4:23 p.m.

APPROVAL TO REMOVE FROM INVENTORY, RE: TANGIBLE PERSONAL PROPERTY

County Manager Tom Jenkins requested the Board consider the approval to remove tangible personal property from the County Inventory at this time, so Public Safety Director Jack Parker can leave to attend fire school in Leesburg.

Commissioner Cook noted there are citizens present for other items; and if Mr. Jenkins cannot answer the questions on the item, it can be deferred.

DISCUSSION, RE: CONDITIONAL USE PERMIT FOR SARNO ROAD LANDFILL EXPANSION PROPERTY

Commissioner Cook stated there are some areas where staff can do the work which would reduce the initial cost. Solid Waste Management Director Richard Rabon advised a memo has been provided outlining areas staff could either do or contract directly rather than use the consultant as the project coordinator, but some continuity will be lost. He advised there would be no problem with Traffic Engineering doing the traffic study. Commissioner Cook outlined other tasks which could be accomplished by staff; and stated there is no reason to have a consultant subcontracting the tasks out and taking an override. He inquired about using the survey team; with Mr. Rabon responding the County has a list.

Motion by Commissioner Cook, to approve Option 2, to direct the Solid Waste Management staff to serve as task manager using the County's Office of Natural Resources, Public Works Department, and Post, Buckley, Schuh and Jernigan for technical services for a total cost of $45,550 for the Sarno Road Landfill Expansion Property. The motion died for lack of a second.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Option 3, to modify Task Order 97-04 to delete the traffic engineering and use the County's Public Works Department to conduct a study for a total cost of $53,020 for the Sarno Road Landfill Expansion Property.

Commissioner Scarborough expressed concern about the ability to bring everything together; and stated while some money might be saved, if there is trouble, there could be substantially more problems for the County. Commissioner Voltz inquired about the net savings; with Mr. Rabon responding that is $6,000. Commissioner Cook inquired why the County has staff if it is going to continue to paying consultants. Commissioner Higgs stated the ability of the County to get the permit is important to the whole solid waste system; the individual departments could perform the work; however, payment would still be transferred to the departments. She stated it is important to present the information to the City of Melbourne in a manner that would be most acceptable to the City; and there is a perception that outside consultants provide more unbiased information than staff. Commissioner Cook stated in that case the funds would come back to the County rather than to a private consultant; and the City of Melbourne should respect the findings of staff. He stated the

consultant is the coordinator of the project, and if the County staff is not going to do the wetlands assessment and survey, the consultant will hire someone else to do it; and the taxpayers will be paying twice. He stated he cannot understand why the County would hire a consultant on technical issues where there is a capacity in-house to gather the information. Chairman O'Brien agreed with Commissioner Cook.

Commissioner Scarborough stated the difference between Options 2 and 3 is $7,470; and expressed concern about ability to meet in a timely manner and making a credible presentation to the City of Melbourne. He stated this is a major project for the County; it is worth $7,000 to get the project going right; and the County can hold one group responsible. Commissioner Cook inquired if the County does not get the conditional use permit, and holds the consultant responsible, what will happen. Commissioner Scarborough advised of a previous experience with Post, Buckley, Schuh & Jernigan where it corrected its mistake by redesigning and paying for improvements in a park.

Commissioner Voltz advised $7,000 savings is involved in this project; but the Board did not want to save the taxpayers $8 million on the refinancing of the Certificates of Participation. Commissioner Cook stated that is not true, and he is sure the issue will come up at the Budget workshop on Friday.

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

DISCUSSION, RE: RFP LANGUAGE FOR PPO AND HMO HEALTH INSURANCE PLANS

Chairman O'Brien advised the item was withdrawn to allow time to get the new documents.

DISCUSSION, RE: AMERICAN HERITAGE RIVERS INITIATIVE

Pat Poole expressed support for the American Heritage Rivers Initiative.

James French expressed concern about turning over the St. Johns River to a federal agency; and recommended the item be denied.

Lillian Banks advised of House Bill 1842 which would prevent the American Heritage Rivers Initiative from getting federal funds; outlined various points of the Initiative; and expressed opposition to it.

Commissioner Higgs explained the American Heritage Rivers Initiative Program; and stated it is an excellent source of assistance for restoring and sustaining the St. Johns River.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve sending a letter to the St. Johns River Water Management District supporting the American Heritage Rivers Initiative.

Commissioner Scarborough read aloud a letter from the Office of Environmental Quality; and advised until he hears something to the contrary, it appears there will be greater assistance in handling some of the problems. He noted the County looks to the federal government for assistance with road projects, etc.

Commissioner Voltz stated it is amazing how much the County is willing to give up to get very little back; the County does not know what the guidelines are for the program; and it is a problem to support something based on speculation. She advised of costs for river navigators, technical assistance, education, and photograph, etc. She stated the program depends on federal funds; and if Congress has its way, there will be no federal funds. She noted Commissioners have the right to support the Initiative on their own, but the Board should not make that kind of decision without knowing all the facts.

Commissioner Cook stated he contacted Congressman Weldon to get more information; the St. Johns River Water Management District deferred action on this; and he was referred to Dan Smith, Legislative Staff for the National Park and Public Lands Committee, and the Subcommittee on Natural Resources. He noted Mr. Smith advised staff is in the process of getting all the details; Congress is looking at the funding issue; the Initiative started in the Council of Environmental Policy; it was included in the President's State of the Union speech; and prior to that, there were no hearings, consultation with Congress, or consultation with the Departments. He stated after the announcement, some of the consultations took place, and meetings were held around the country. He stated Congress still has concerns; the House of Representatives is going to request the public comment be extended to October 20, 1997; and after the information is compiled, it will go back to the CEQ and then to the Cabinet, and either can make additional changes. He stated at that time the President can sign it into law as an Executive Order. He expressed desire to wait to see what the St. Johns River Water Management District does.

Commissioner Scarborough inquired if Mr. Smith will provide additional information; with Commissioner Cook responding he asked him to. Commissioner Scarborough stated he does not mind deferring if additional information is coming; some programs are in the County because the federal government is here, such as NASA; and it is important to not dismiss it without exploring. He stated he does not want the County to give the signal that it is not interested; and commented on the effect on eco-tourism.

Commissioner Cook stated the program sounds great; however, a Congressional committee has outstanding questions about it. He stated this will be a yearly program; and it will be possible to apply next year. Commissioner Scarborough inquired when is Mr. Smith going to come back with specific concerns; with Commissioner Cook responding he did not give a date, but Congress is going to request an extension for public comment to October 20, 1997. Commissioner Voltz requested Commissioner Cook provide the phone number to each Commission Office; with Commissioner Cook agreeing to do so.

Commissioner Higgs stated if the County does not say this seems like a decent program to be pursued, the St. Johns River Water Management District may not feel there is public support. She advised she understands the reluctance to get involved in something that might have federal control; however, the money is going to be divided, and the County should try to get it. She recommended advising the St. Johns River Water Management District that the Initiative is a good thing to pursue. Discussion ensued on funding, executive discretion to use technical assistance funds, salary for river navigator, and reluctance to support without further information.

Commissioner Cook stated the information is preliminary; the government will be developing a tool kit to allow local governments to apply for federal funding; however, the tool kit would be open to anyone even if they did not have the American Heritage Rivers designation. He stated it would not be prudent to endorse the idea without understanding the ramifications. Commissioner Scarborough inquired if Commissioner Cook would be willing to discuss the issue prior to the St. Johns River Water Management District meeting. He stated if the Board has a vote now, some Commissioners will vote against it because they lack information; and if the Board has more information and greater consensus that will speak louder to the St. Johns River Water Management District. He noted he and Commissioner Higgs have written to the St. Johns River Water Management District already. Commissioner Higgs suggested getting additional information from the White House or Department of Interior; noted it is becoming a partisan issue; and recommended getting unbiased information based on the facts.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to continue discussion regarding the American Heritage Rivers Initiative to the Board meeting prior to the St. Johns River Water Management District's meeting. Motion carried and ordered. Commissioner Voltz voted nay.

APPROVAL, RE: CONSOLIDATED ACTION PLAN FOR FY 1997-98 CDBG AND HOME FUNDS

Fred Boozer requested at least a portion of the HOME funds be spent on those with the highest needs; advised the very poor cannot buy nor maintain a home; and it is unfair to tax the citizens to help provide the poor with better housing than they have. He stated there is a need for a subsidy to afford decent housing; and explained why Section 8 housing vouchers are logical. He recommended some of the funds be earmarked for the most cost burdened tenants who should have their financial status and living quarters checked annually. He stated rent vouchers are the most efficient means of resolving the housing crisis; and the Urban Institute's Research Report states that tenant based rental assistance (TBRA) that allows poor renters to alleviate their rent burden represents the least expensive means to remedy housing problems.

Larry Shoeman, Director of Resident Management and Community Affairs for Brevard County Housing Authority, explained he missed the deadline to submit a Community Development Block Grant (CDBG) application for a resource officer to support an adult literacy and life skills center known as Community Commons; and advised he went through the appeals process, but no action was taken. He advised of traffic problems; and requested staff exercise prudence in the scheduling of major traffic activities that affect road access for the Government Center when setting a deadline for applications. He recommended the appeals process include a decision at the time of the hearing; and requested the Board reconsider the application for funding under the economic development category in the 1997-98 funds.

Joe Steckler, representing the Alzheimers Association, advised $667,500 is committed to the project; the project cost is $666,000; however, the State may not be able to honor its pledge of $50,000; and requested the Board's assistance. He advised the money will be returned as it comes in; and requested a letter of support for the total cost of the project.

Commissioner Cook stated the County provided donation of land and waiver of fees; $25,000 was provided from the CBO Committee; and money was provided from CDBG. Mr. Steckler advised the CBO money was not for the building project, but to fund services provided. Commissioner Cook stated he supports the project; but advised the County does not have 9,000 yards of fill; and inquired if a lesser amount would be of any assistance; with Mr. Steckler responding whatever is given will help reduce the cost of the project.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to direct the County Manager and Public Works Director to review what fill is available to assist the Alzheimers Association. Motion carried and ordered unanimously.

Commissioner Scarborough emphasized the importance of the Alzheimers Association project; and stated it would be unfortunate to come $25,000 short and lose major funding.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize the Chairman to sign a standby commitment letter for the Alzheimers Association for a loan up to $25,000, if it is demonstrated there has been a failure of State funding and the need exists for funding the project, with such loan being paid back to the County when funding is available.

Discussion ensued on the source of the funding and letter of commitment.

Commissioner Scarborough amended the motion to direct the County Manager to come back to the Board with funding options, if needed. Commissioner Cook accepted the amendment. Chairman O'Brien called for a vote on the motion, as amended. Motion carried and ordered unanimously.

Mr. Steckler advised of the need to have the building demolished to begin the project in August. Commissioner Cook suggested Mr. Jenkins work with Mr. Steckler to expedite the demolition. Commissioner Higgs inquired if the project must be started by August for the grants; with Mr. Steckler explaining the need to begin the project in August.

Clarence Rowe, representing the Central Brevard NAACP, submitted a proposal and exhibits. He advised of the partnership of the Parks and Recreation Department, the City of Cocoa and the NAACP on the Joe Lee Smith Center project. He stated he missed the application deadline by 14 minutes; he was caught in unexpected traffic from the Marlins baseball game; and requested deadlines not be scheduled at the same time as games. He requested reconsideration of the request for funds for the outlined projects; made suggestions concerning the appeal process; advised in 1996 the City of Cocoa arrested more than 3,000 juveniles, and of that 2,713 were African-Americans; and emphasized the need for long-range planning to get juveniles off the streets and into supervised activities.

Motion by Commissioner Cook, to approve the draft FY 1997-98 Brevard County HOME Consortium Consolidated Action Plan; authorize the Chairman to execute the required certifications and two SF-424 Application for Federal Assistance forms; and authorize staff to submit the Consolidated Action Plan to the U.S. Department of Housing and Urban Development before the regulatory deadline of August 15, 1997.

Commissioner Voltz inquired about Section 8 housing funds; with staff advising the rental assistance voucher program is not in the Plan. Commissioner Higgs inquired about including that as a pilot program; with staff providing options for a pilot program. Commissioner Voltz requested a report; with staff requesting 90 days to work with the Affordable Housing Program and provide a report. Commissioner Cook expressed concern about initiating a new program which would deplete other programs; and read aloud from an article about cutting landlord subsidies under the federal program. Discussion ensued on getting a report, getting a formal proposal from which to make a decision, concerns about subsidizing rents, need for control of the program, and failure of the Welfare Reform Act.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct staff to provide a report to the Board in 60 days concerning rent subsidy.

Commissioner Scarborough requested Commissioner Cook provide the Board with copies of the report from the City of Philadelphia concerning rent subsidy.

Chairman O'Brien called for a vote on the motion. Motion carried and ordered unanimously.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve the draft FY 1997-98 Brevard County HOME Consortium Consolidated Action Plan; authorize the Chairman to execute the required certifications and two SF-424 Application for Federal Assistance forms; and authorize staff to submit the Consolidated Action Plan to the U.S. Department of Housing and Urban Development before the regulatory deadline of August 15, 1997. Motion carried and ordered unanimously.

REQUEST OF WALTER BUTLER, TRUSTEE OF FRIENDSHIP BAPTIST CHURCH, RE: REDUCTION OF CODE BOARD PENALTY

Chairman O'Brien stated the issue is a request to reduce the amount of accrued Code Board penalty against the Friendship Baptist Church; and the Code Board has recommended retaining the fine of $980.

Commissioner Scarborough stated the Church has a cemetery on its property which it has maintained since 1953 with no compensation; and the request is an effort to keep the community's cemetery in decent shape. He stated if the Church walks away from it, the County could not abandon the cemetery; and the Board should thank Mr. Butler and the other Church members for attempting to maintain the cemetery instead of giving them a Code violation.

Walter Butler advised the Church owns the cemetery; and explained the efforts to maintain it. He stated a few years ago a complaint was made to Code Enforcement; and explained his efforts when he received the notice and the subsequent Code Enforcement Board action. He advised the Church is unable to pay the fine, but it does not want to lose the cemetery.

Commissioner Scarborough recommended removing the fine; and expressed appreciation to those people of the Church who have given their time.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to remove the Code Board penalty against Friendship Baptist Church for overgrowth violation at a cemetery located at 4170 East Railroad Avenue, Cocoa; and execute Conditional Release of Lien.

Commissioner Higgs inquired if Mr. Butler can assure that the Church will keep up the property. Mr. Butler responded he cannot make people do things, but he will try; and if it cannot be maintained, it may be necessary to turn it over to the County. He stated there are people who have plots in the cemetery, and he does not want them to be unable to be buried without paying the County.

Discussion ensued on what will happen if the cemetery cannot be maintained, maintenance performed by volunteers, and concerns about waiving Code Enforcement fines.

Chairman O'Brien called for a vote on the motion. Motion carried and ordered unanimously.

REQUEST OF FREDDIE AND AVIS FURMAN, RE: REDUCTION OF CODE BOARD PENALTY

Chairman O'Brien stated the request is to reduce the amount of the Code Board penalty and execute the Conditional Release of Lien; and outlined the details of the case.

Freddie Furman advised he did comply with Code Enforcement; at the time, he was fighting a battle with the State of Florida; and he did not answer any of the requests at the direction of his lawyer. He outlined his actions to get permits, problems in meeting the deadline, problems with the structural permit stamps, and inability to pay the permit fees. He stated there were a lot of problems, not disobedience; commented on protection provided to wildlife; and explained how he built his house over time.

Roger Lyles of Code Enforcement stated the Chief Building Official advises Mr. Furman came to him in 1995 indicating he did not have the money for the permit. Commissioner Cook inquired if drawings were submitted; with Mr. Lyles responding he does not know. Chairman O'Brien inquired if the case was heard by the Code Enforcement Board; with Mr. Lyles responding it was heard in 1995, and Mr. Furman was given 120 days to get the permit, but it was not paid until April, 1997. Chairman O'Brien advised at that time the Code Enforcement Board heard the case again, and reduced the fine to $1,000. Commissioner Cook noted the paperwork was submitted within 120 days, but it was not processed; the actual cost was $250; and suggested reducing the fine to $250.

Motion by Commissioner Cook, to reduce the Code Enforcement lien against Freddie and Avis Furman for lack of building permit on property at 4915 Cangro Street in Cocoa to $250.

Discussion ensued on Mr. Furman's inability to pay, cooperation, dates of compliance, and reasons for Code Enforcement.

Commissioner Higgs suggested sending Mr. Furman back to the Code Enforcement Board; stated he was not present at the June 17, 1997 hearing; and staff can present the additional information.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct staff to send request of Freddie and Avis Furman for reduction of Code Board penalty for building permit on property at 4915 Cangro Street, Cocoa, back to the Code Enforcement Board.

Chairman O'Brien recommended Mr. Furman attend the Code Enforcement hearing. Mr. Furman advised the statement said he did not have to appear, but he did appear for the first hearing.

Chairman O'Brien called for a vote on the motion. Motion carried and ordered unanimously.

AUTHORIZATION FOR COUNTY MANAGER OR DESIGNEE, RE: EXECUTION OF HOLD HARMLESS AGREEMENTS

Commissioner Cook inquired if the Board can delegate Hold Harmless Agreements; with County Attorney Scott Knox responded affirmatively.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to authorize the County Manager or designee to execute Hold Harmless Agreements on behalf of the Board. Motion carried and ordered unanimously.

Commissioner Cook expressed concern that the prior inventory date on the stolen property was ten years ago; and suggested the County institute a policy to inventory over a shorter timeframe.

Commissioner Voltz inquired about current policy; with County Manager Tom Jenkins advising a proposal will come to the Board to contract out the inventorying, and it will then be done in an annual basis. Management Services Director Stockton Whitten advised the policy is for it to be done annually.

Commissioner Higgs inquired if Harbor City Volunteer Ambulance Squad is still in possession of County property. Mr. Jenkins advised the vehicles have been straightened out, but he will have to verify the status of the small hand-held equipment.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve removal from inventory of County-owned tangible personal property which was stolen, lost, destroyed, or unaccounted for by Fire Rescue and Radio Maintenance. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: VIERA EAST CDD PROPOSED BUDGET FOR FY 1997-98

Commissioner Cook advised the Viera East CDD Proposed Budget for FY 1997-98 is submitted for informational purposes only; the Board has no direct involvement; and requested the Finance Director review the budget and make comments, if any. Commissioner Voltz advised it has already been reviewed by the Finance Director, and if there was a problem he would have informed the Board.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to acknowledge receipt of Viera East Community Development District's Proposed Budget for FY 1997-98; and request the Finance Director review the budget and provide comment to the District. Motion carried and ordered unanimously.

PUBLIC COMMENT, RE: JOE LEE SMITH CENTER PROJECT

Clarence Rowe requested consideration be given to putting the Joe Lee Smith Center project under capital improvements instead of public service; and suggested funds come from Contingency.

Commissioner Cook advised Mr. Rowe that there may be other opportunities in the budget, and it may be possible to find some funding for Joe Lee Smith Center.

PUBLIC COMMENT, RE: SECURITY DEPOSIT AND UTILITY ASSISTANCE DEPOSIT PROGRAM

Larry Shoeman stated there was some discussion about rental assistance under the Consolidated Plan; and advised of the success of security deposit and utility deposit assistance programs in the Cities of Melbourne and Palm Bay. He advised the program provides one-time payment assistance of $700 to clients who qualify as very low income for security and utility deposits to get them into affordable housing. He advised there are a number of people in the community who have rental assistance through vouchers or certificates available, but cannot use up them because they do not have the security deposit to move into homes; they only have 60 days to find a home and move in; and things will be more difficult as public assistance is further cut off. He encouraged the Board to include the security deposit and utility assistance deposit program as part of the Consolidated Plan.

Commissioner Cook advised it is a viable idea; and requested it be included in the staff report to come back to the Board.

WARRANT LIST

Upon motion and vote, the meeting adjourned at 6:32 p.m.

RANDY O'BRIEN, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

ATTEST:
SANDY CRAWFORD, CLERK
( S E A L )