The Board of County Commissioners of Brevard County, Florida, met in special session on April 11, 1995, at 5:01 p.m. in the Government Center Board Room, Building C, 2725 St. Johns Street, Melbourne, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Mark Cook and Scott Ellis, County Manager Tom Jenkins, and County Attorney Scott Knox.

REPORT, RE: SUN SOUTH RESIDENTIAL YOUTH HOME

County Manager Tom Jenkins advised he has the Sun South Residential Youth Home isue for possible consideration by the Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct staff to place the report on Sun South Residential Youth Home on the Agenda for the April 18, 1995 meeting.

Chairman Higgs inquired if Commissioner Scarborough wants any action by staff prior to that meeting so the Board can take immediate action; with Commissioner Scarborough recommending the County Attorney draft an injunction if necessary. Chairman Higgs advised that direction will be included in the motion; and Commissioner Cook accepted the amendment.

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

PERMISSION TO TRAVEL TO WASHINGTON, RE: MEETING ON NUDITY ISSUE

Commissioner Scarborough advised of a letter from Robert Baker, Regional Director of the Department of Interior and a memorandum from the County Attorney regarding nudity; and stated it is disturbing that the Park Service made the statement, "This proposal is under consideration, but no decision has been made. The Park Service is waiting to see what action is taken by your Board of County Commissioners. Certainly we would be interested in any ideas that might help resolve conflicts at the park. At this time we cannot give you a definitive statement." He stated there are some people who believe the problem could be resolved by the Park Service; he asked Scott Knox about his concerns if the Board passed an ordinance; and he had quite a few. Commissioner Scarborough stated Mr. Knox believes that unless the Board gets cooperation from the Park Service it will be more difficult to have a meaningful ordinance; and requested the Board authorize he and Mr. Knox to go to Washington and meet with the Director of the National Park Service for the purpose of asking why they have not taken action of their own; and if they expect the Board to pass something down here, would they at least cooperate with the County Attorney.

Motion by Commissioner O'Brien, seconded by Commissioner Ellis, to authorize Commissioner Scarborough and County Attorney Scott Knox to travel to Washington, D.C. to meet with the Director of the National Park Service.

Chairman Higgs inquired if they will meet before the Board meets to consider the nudity ordinance; with Commissioner Scarborough responding he would like to get there before May 4, 1995 if he can.

Commissioner Cook advised this is the first time he has heard of the problems from the County Attorney's Office; that is nice to have it at this point; and there was a clarification statement from Chairman Higgs' Office. Commissioner Scarborough stated they reiterated their policy on nudity, but did not retract other things; and they have the capacity to do a lot more than they have. Commissioner Cook advised the Park Service's stand is they tried to resolve this situation informally, but if the informal attempts fail to resolve the conflict and enforcement action is necessary, the option exists of either the National Park Service regulations addressing disorderly conduct, or state or local laws that specifically prohibit public nudity, and that the later method has the advantage of providing consistency and enforcement on both the federal lands and the adjacent areas. He inquired if Commissioner Scarborough is going to get any more than what the Board has now; with Commissioner Scarborough responding he is disappointed in the Park Service's lack of initiative in handling the problem; it is federal property administered by the Park Service; and it is an imposition on the County to get involved. He stated if they want the County there, they should be willing to work closely and answer the County Attorney's concerns so the County does not expend any more money defending its ordinance than it has to, because it is taxpayers' money to do something on federal property. He stated he is upset that they have not done their job and has made it harder on him. Commissioner Cook stated Commissioner Scarborough wants to get additional information before the public hearings which is fine. Commissioner Scarborough stated he would like things defined so the Board will have the best ordinance it can have.

County Attorney Scott Knox advised the memorandum he prepared for Commissioner Scarborough was more an identification of issues that the County may have to face if the ordinance is passed; he does not think there is a problem; the County has good positions on each issue; but there is something that the federal government could do to make the County's position easier; and that is what Commissioner Scarborough wants to talk to them about. Commissioner Ellis stated he received a similar letter which said, "Certainly we would be interested in any ideas that might help resolve conflicts in the park;" and that is a joke because the County has been sending them ideas for the past two years.

Chairman Higgs advised Congressman Weldon was quoted as saying he was very eager, if the Commission could not resolve the issue, for the federal government to step in and Congress do something; so while Commissioner Scarborough is up there, he should be sure Congressman Weldon has an opportunity to help out with this issue. Commissioner Scarborough advised he talked to Congressman Weldon's Aide and also Randy Ball who wants to go with them if the Board authorizes the trip, but he would be paid by the State. He stated if they go to Washington, there will be others who will want to participate. Commissioner Ellis inquired if Commissioner Scarborough wants to go to Washington and not Atlanta; with Commissioner Scarborough responding he wants to go to Washington and meet with the Director of the Park Service because he does not want to meet with an underling.

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

APPOINTMENT, RE: EEO/MINORITY TASK FORCE

Motion by Commissioner O'Brien, seconded by Scarborough, to appoint Billy Joe Brewer, 1635 Coquina Drive, Merritt Island, to replace Lynn Bowers on the EEO/Minority Task Force representing Native Americans, as recommended by Chairman Higgs. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING ZONING CODE FOR CANOPIES OVER GAS PUMPS

Chairman Higgs called for the public hearing to consider an ordinance amending the Zoning Code relating to canopies over gas pumps.

Commissioner O'Brien inquired if staff talked with the Fire Chief about the ordinance; with Zoning Official Rick Enos responding they spoke with Mark McMichael who reviewed the ordinance and has no problem as long as the pumps are at least ten feet from a road or structure. Commissioner O'Brien stated they needed to be aware of this because they have to get trucks in and out to fight fires, and gasoline station fires are the worst kind.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Ellis, to adopt Ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; amending Article VI, Section 62-1482, 62-1543, and 62-1544 relating to gasoline service stations; amending Article VI, Section 62-1835.7 relating to pump island canopies; providing for conflicting provisions; providing for severability; and providing an effective date. Motion carried and ordered unanimously.

Upon motion and vote, the meeting adjourned at 5:12 p.m.

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

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