The Board of County Commissioners of Brevard County, Florida, met in regular session on December 10, 1996, at 5:42 p.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 Commissioner Randy O?Brien, District 2.

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

DISCUSSION, RE: INTERLOCAL AGREEMENT TO AMEND COMPREHENSIVE PLAN

Commissioner Scarborough advised there has been an on-going question as to the relationship between Port St. John and the City of Titusville; under the Comprehensive Plan process, the County can enter into interlocal agreements; and requested County staff work with the City?s staff on an agreement, and the Advisory Board in Port St. John review any proposals for an interlocal agreement to amend the Comprehensive Plan before it returns to the County Commission.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct staff to work with the City of Titusville to review proposals for an interlocal agreement to amend the Comprehensive Plan. Motion carried and ordered unanimously.

DISCUSSION, RE: CHRISTMAS EVE HOLIDAY

Commissioner Scarborough advised the Cities of Cape Canaveral, Cocoa, Cocoa Beach, Satellite Beach, Titusville, and Melbourne, and Towns of Indialantic and Palm Shores will be closing on December 24, 1996; the Town of Melbourne Beach will close at noon, and City of Rockledge will close at 1:00 p.m.; and requested the Board consider closing offices on Christmas Eve.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to close Brevard County offices on Christmas Eve, December 24, 1996.

Commissioner Cook expressed opposition to the motion; stated it would cost in excess of $300,000 in salaries to close County offices for one day; and County employees now have 11 paid holidays.

Chairman O?Brien advised he cannot support closing offices the entire day; however, he can support closing one-half day.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to withdraw the previous motion, and approve one-half day paid holiday on December 24, 1996, Christmas Eve, for County employees. Motion carried and ordered; Commissioner Cook voted nay.

CONDOLENCES

Commissioner Cook advised Lee Wenner passed away this morning; he was a former Brevard County Commissioner for 24 years; and it is an extreme loss to Brevard County.

The Board observed a moment of silence for Mr. Wenner.

Chairman O?Brien advised the County is presently flying the flags at half staff in honor of Mr. Wenner.

DISCUSSION, RE: INFORMATION AND BRIEFING ON AGENDA ITEMS

Commissioner Voltz expressed concern on any item coming before the Board when there is not much time to be briefed on them, and having the information necessary to make a decision, such as the application for the Indian River Lagoon National Estuary Program.

Commissioner Cook stated the County Manager and staff need to be pro-active, especially with a new Commissioner, and call them to see if they want to be briefed on items.

ORDINANCE, RE: APPROVING SMALL SCALE PLAN AMENDMENT 96S.6

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to reschedule public hearing to consider ordinance approving Small Scale Plan Amendment 96S.6 from the December 17, 1996 regular meeting to the January 23, 1997 zoning meeting; and approve a policy that items pertaining to land use regulations, Comprehensive Plan, small scale plan amendments, etc. be heard at the Board?s zoning meetings. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - MARCIE MACPHERSON, RE: RESOLUTION RECOGNIZING 100TH BIRTHDAY OF EDNA BEAVER

Commissioner Higgs read aloud a resolution recognizing the celebration of the 100th birthday of Edna Beaver, and presented it to Marcie MacPherson.

PERSONAL APPEARANCE - MARCIE MACPHERSON, RE: RESOLUTION RECOGNIZING 100TH BIRTHDAY OF EDNA BEAVER (CONTINUED)

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution recognizing the celebration of the 100th birthday of Edna Beaver. Motion carried and ordered unanimously.

Marcie MacPherson expressed appreciation to the Board for the Resolution on behalf of Edna Beaver.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to appoint and/or reappoint the following:

Affordable Housing Council
Reappoint Reverend Willie Lockett and Ed Harrison, with terms expiring December 31, 1997.

Animal Control Dangerous Dog Hearing Council
Reappoint Elena Miller, with term expiring December 31, 1997.

Art in Public Places Advisory Committee
Reappoint Suni Clark and Sandy Sevigny, with terms expiring December 31, 1997.

Library Board
Reappoint Martha Russo, with term expiring December 31, 1997.

Building and Construction Advisory Committee
Reappoint Ed Fleis, with term expiring December 31, 1997.

Commission on the Status of Women
Reappoint Gayle Cannon and Catherine Stanton, with terms expiring December 31, 1997.

Community Development Block Grant Advisory Board
Reappoint Phyllis McCullers, with term expiring December 31, 1997.

Public Golf Advisory Board
Reappoint Ron Chmielewski, with term expiring December 31, 1997.

Economic Development Commission of East Central Florida
Reappoint Roland Foster, with term expiring December 31, 1997.

Extension Advisory Council
Reappoint Cameron Donaldson, with term expiring December 31, 1997.

Personnel Council
Reappoint Sharon Lucas, with term expiring December 31, 1997.

Planning and Zoning Board
Reappoint Kathryn Kowalski, Steve Marcum, and Barbara Ray, with terms expiring December 31, 1997.

South Mainland Library Advisory Board
Reappoint Marie Bergamini, Bill Gaines, Bob Wilson, Jewell Lasprogato, and Yvonne Atha, with terms expiring December 31, 1997.

Valkaria Airport Advisory Board
Appoint Valerie Scott, 3695 Grant Road, Grant, Florida 32949 replacing Steve Tatoul, with term expiring December 31, 1997. Reappoint Jim Ray and Del Yonts, with terms expiring December 31, 1997.

Zoning Board of Adjustment
Reappoint Howard Wolf, with term expiring December 31, 1997.

Parks and Recreation South Service Sector Area Advisory Board
Reappoint Valerie Scott, with term expiring December 31, 1997.

Historical Commission
Reappoint Holly Grant and Sharon Lucas, with terms expiring December 31, 1997.

Country Acres Advisory Commission
Reappoint Lyn Boshart and Sid La Dow, with terms expiring December 31, 1997.

Contractors Licensing Board
Reappoint John Radencic and John Nast, with terms expiring December 31, 1997.

Citizen Budget Review Committee
Reappoint Eugene Sterling, with term expiring December 31, 1997.

Melbourne-Tillman Water Control District
Appoint Bob Riley, 421 Colleen Avenue, N.E., Palm Bay, Florida 32907 replacing Richard Wallace, with term expiring December 31, 1997.

Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve the Bills and Budget Transfers as submitted. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING ORDINANCE NO. 81-33, ESTABLISHING DISTRICT 2 ROAD AND BRIDGE MSTU

Chairman O?Brien called for the public hearing to consider an ordinance amending Ordinance No. 81-33, establishing District 2 Road and Bridge MSTU.

There being no comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner Scarborough, to adopt an Ordinance of the Brevard County Board of County Commissioners amending Ordinance No. 81-33, as amended by Ordinance 87-24; establishing a 15% allocation of District 2 Road and Bridge MSTU ad valorem tax revenues for canal and channel maintenance; providing for budget review of said allocation by the Board of County Commissioners every four years; repealing the provision authorizing interlocal agreements; providing for severability; and providing for an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE DESIGNATING IDLE SPEED ZONES WITHIN LAKE WASHINGTON ACRES AND LAKEWOOD MANOR SUBDIVISIONS

Chairman O?Brien called for the public hearing to consider an ordinance designating idle speed zones within Lake Washington Acres and Lakewood Manor Subdivisions.

Frank Hunter and Edmund Carrciro requested the Board adopt the proposed ordinance.

Charlie Burns expressed his opposition to the proposed ordinance.

There being no further objections heard, motion was made by Commissioner Cook, seconded by Commissioner Voltz, to adopt an Ordinance of Brevard County, Florida, amending Chapter 122, Article II, Brevard County Code of Ordinances relating to idle speed zones; specifically amending Section 122-26, Idle Speed Zones, to designate new idle speed zones; providing for conflicting provisions; providing for severability; providing for area encompassed; providing for inclusion in Code; and providing for effective date. Motion carried and ordered unanimously.

DISCUSSION, RE: PROPOSED RESOLUTION ESTABLISHING COMMITTEE TO DEVELOP EFFICIENT AND EFFECTIVE METHODS FOR CHILD SUPPORT ENFORCEMENT

Joyce Grant, representing ACES, expressed appreciation to the Board for the work it has done for ACES; and advised of her support for the proposed resolution.

June LeBuron requested having court moved to Melbourne or Viera instead of Titusville; stated people are finally getting results on child support; and thanked the Board for its cooperation.

Carolyn Turpin stated excuses are not acceptable; the children need help; and that is why the Committee is needed.

Commissioner Cook stated the County Attorney can review options of establishing the committee; and the specific goals can be left up to the committee members.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to adopt resolution establishing a Committee to discuss and develop more efficient and effective methods for child support enforcement; designate Commissioner Mark Cook as the Board?s representative on the Committee; and direct the County Attorney to work with ACES on the details of the Committee. Motion carried and ordered unanimously.

The meeting recessed at 6:59 p.m., and reconvened at 7:14 p.m.

DISCUSSION, RE: AMENDMENTS TO ROADSIDE VENDOR ORDINANCE

Leonard Beckett urged the Board?s support to advertise the public hearing on the amended ordinance for roadside vendors.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to grant permission to advertise a public hearing to consider an ordinance amending the Roadside Vendor Ordinance. Motion carried and ordered unanimously.

DISCUSSION, RE: HEINZ-KNOBEL V. BREVARD COUNTY AND COPPOLA V. BREVARD COUNTY

Larry Resnick, Mary Dobek, and Marie Bergamini opposed the request for change of classification on property owned by Gary Coppola.

Commissioner Higgs stated the court said in the Coppola case that the County needed to go back and insure procedural due process.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve scheduling a new public hearing on the zoning application from Gary Coppola, including in the advertisement that the applicant has applied to have the property rezoned from PUD to RU-2-4, with the intent that the Board may approve any zoning classification which is consistent with the residential land use designation applicable to the property, including SEU; and direct staff to send individual notice to the applicant. Motion carried and ordered unanimously.

Commissioner Cook stated the court has ruled against the County, so it is necessary to go back through the process.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to schedule a new public hearing regarding Heinz-Knobel?s zoning application; direct staff to report back to the Board with competent substantial evidence; and approve expending sufficient funds to bring in expert witnesses to discuss safety and noise issues. Motion carried and ordered unanimously.

APPROVAL, RE: 1997 BOARD MEETING SCHEDULE

Chairman O?Brien stated there should be continuity in when the Board meets and the purpose of it; and he has a meeting schedule which has regular and night meetings on Tuesdays and workshops, LDR, and zoning meetings on Thursdays; and the only exceptions are if there is a holiday preceding that, which occurs on three occasions. He noted the meeting on June 3, 1997 can be moved to May 27, 1997.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve the 1997 Board of County Commissioners meeting schedule, as amended, with the County Manager advising of any conflicts. Motion carried and ordered unanimously.

ACKNOWLEDGE REPORT AND PROVIDE DIRECTION, RE: LIVE-ABOARD VESSEL TASK FORCE RECOMMENDATIONS

Gordon Butler, Live-Aboard Vessel Task Force member, advised the report stands by itself; the recommendation is that most of the problems the Task Force encountered are covered by regulations that exists already; and if those regulations were enforced, then there would not be a problem.

Janet Bonder stated she has nothing against live-aboard boaters; it is a wonderful way of life; and her only objection are people who drop anchor in her backyard and stay there for months and years.

Nancy Eitapence, President of a small marine canvass business in Indian Harbor Beach, stated she relies on boaters, cruisers, live-aboards, and the entire boating community in Brevard County; and she supports the recommendations of the Task Force.

Leroy Wright stated he is in general agreement with the findings of the Task Force; and expressed concern regarding discharge of waste, and the County not having the necessary resources to enforce it.

Donna Ritchley, member of the Live-aboard Vessel Task Force, stated she was surprised at how much citizen input was received; and it was 100% in favor of the Task Force recommendations that an ordinance is not needed.

Peter Kaiser, member of the Task Force, stated it would adversely affect the community if Brevard County has a bad flavor; and the Board should keep the County a boater-friendly place.

Doug Jaren stated his family has been in the marine business on Merritt Island for almost 50 years; the Clean Vessel Act addresses the sewage problem as well as all the other problems that have been addressed before; all the complaints are addressed by certain regulations that need to be enforced; but the derelict vessel problem in the County is bad.

Dr. Caroliese Schmidt advised she lives on the water and owns a boat; she served as a member on the Task Force; and all the members put a lot of time and effort into analyzing the whole situation. She stated there was never a person present at the meetings from the public who felt there should be any further laws passed regulating live-aboards or anything else in the boating community.

Leonard Beckett advised the Board should do research before it tries to regulate anything; damage to the environment is not caused by boaters and live-aboards, but fisherman; and boaters love the environment.

Paul Capodilupo advised he supports the Task Force?s recommendations.

Micah Savell stated the Board needs to focus on the real issues; it is not whether someone dumps 15 gallons of sewage in the river or 80 gallons; a lot of direct dumpage is still being allowed during certain periods straight to the river; and he is concerned with the environmental issue.

Discussion ensued regarding dye packets in holding tanks, mechanisms for enforcement, environmental concerns, discharge of waste, enforcement by the Sheriff, Marine Patrol and Coast Guard, establishing Brevard County as a boater-friendly area by developing a brochure for distribution to boaters by marinas, day limits for anchoring of boats, extended stays of vessels, treated and untreated effluent, anchoring distances, and Dragon Point.

Motion by Commissioner Cook, seconded by Commissioner Voltz, to acknowledge the report of the Live-Aboard Vessel Task Force; and direct staff to provide additional information on the live-aboard issue to the Commissioners by February 1, 1997, so the Board can make a decision whether it desires further action. Motion carried and ordered unanimously.

The meeting recessed at 8:54 p.m., and reconvened at 9:10 p.m.

DISCUSSION, RE: COMPREHENSIVE PLAN WETLAND POLICIES

Mary Todd, representing Turtle Coast Group of the Sierra Club, stated the Group was one of the intervenors in the mediation process; it tried very hard to come up with an acceptable compromise for all; and recommended Option 3 to direct staff to investigate the possibility of renegotiating language related to wetlands consistent with Board direction provided during the meeting.

Charles Moehle, representing Modern, Inc., encouraged the Board to go forward with the language as it was mediated.

Leroy Wright, representing Save The St. Johns River, Inc., stated he is going to withhold his comments until the next meeting so he can be more informed on the issue.

Diane Stees, representing Indian River Audubon Society, requested clarification regarding Policy 5.1, Objectives 4 and 5, and Future Land Use Policies 2.6 and 2.7.

Assistant to the County Manager Peggy Busacca advised Policies 2.6 and 2.7 would not be included within the newly adopted language should the Board go forward with the mediation language; Policy 2.6, the intent relating to residential land uses is included within Conservation Element Policy 5.2 dealing with land use; Policy 2.7 dealing with commercial and industrial land uses has been modified; and the same policy relating to industrial land uses would be renumbered under Objective 5. She noted none of the existing policies as they stand in the Plan today would be removed from the Future Land Use Element; and in the new policy under the Conservation Element, that would be added and there would be no deletion of the current Policy 5.1 or any other policies.

Kim Zarillo, representing Florida Native Plant Society, stated she appreciates the Board going to mediation; and inquired does the County have a written agreement from Department of Community Affairs (DCA), and who in the DCA has approved the language. Ms. Busacca responded the County currently does not have a written agreement with DCA; that is the stipulated settlement agreement; if the Board chooses to move forward, that agreement would be a written agreement between DCA and Brevard County; and it would be reviewed at a public hearing.

County Attorney Scott Knox stated he received a letter from the Director of DCA indicating it reserved the right to submit this mediation draft to its legal counsel for review; and it probably has not been formally approved yet. Ms. Busacca advised DCA will not do a formal agreement until after the County has actually provided the Department with a stipulated settlement agreement.

Micah Savell stated the mediation draft was being directed primarily at wetland policies; if that is the case, the words ?environmental features? should be changed to ?wetlands features? on page 1; and it needs to stay focused on the wetlands issue.

B. B. Nelson stated he commends County staff for working and recognizing the injustice of the previous system of wetlands; the land cannot be used that has been zoned and designated in the Comprehensive Plan for industrial and commercial; and this is a step forward in recognizing that injustice. He noted he failed to understand why all of the societies, etc. were included in the discussion with County staff when property owners could not find out what was going to happen; and they were left out of the discussion. He inquired how is this going to affect Government Managed Lands (GML), and is the County going to be able to do whatever it wants to with it without going through zoning, etc. and stated that seems to be the present way. Mr. Nelson noted mitigation scares him in what it does, including blackmail and extortion; and inquired is the Board aware of what it costs the taxpayers to expand the landfill.

County Attorney Scott Knox advised the people who participated in the mediation were all intervening parties in the administrative proceeding; they all filed specific motions to intervene and were allowed to do so by the hearing officer, so they became parties to the action; and anyone who had not done that was not a participant.

Chairman O?Brien inquired is the DCA appointed by the Governor; with Attorney Knox responding the Secretary would be.

Ms. Busacca advised should Brevard County and DCA come to agreement, sign a stipulated settlement agreement, and subsequently amend the Comprehensive Plan, and should any intervenors choose to come into the process after that amendment has been adopted, then the intervenors would come to a 120 hearing with Brevard County and DCA on the same side which would give the County additional support as it went through the process should it be necessary; and there is some strength to the County?s position by the DCA and Brevard County coming to an agreement.

Commissioner Voltz inquired what is it going to take to meet the requirements in Policy 5.2.B. Assistant County Manager Stephen Peffer responded staff is in that section of the Plan which would be dealt with primarily through the permitting process; it would be looking at the criteria and working with the permitting agencies to determine that functionality; and it has to be reviewed on a case-by-case basis. Commissioner Voltz requested clarification of language in Policy 5.2.G stating permanent degradation or destruction of the wetland shall be included within the Land Development Regulation.

Ms. Busacca stated best management practices by definition would not result in permanent degradation or destruction of the wetland. Attorney Knox stated the definition will probably be set forth in the Land Development Regulations that come forward out of this process.

Discussion ensued on impoundment areas, restoration activities, environmental issues, buildable lots, metes and bounds, densities, and vested rights appeal.

Chairman O?Brien suggested wording on page 3, paragraph 2, be changed from ?shall? to ?should.?

Commissioner Cook stated the language accomplishes what the County wants done; and he will move Option 1.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to direct staff to advertise consideration of a stipulated settlement agreement with Department of Community Affairs based upon mediation language, as presented. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - ALEX CHAMBERLAIN, RE: STATE GREENWAY PLAN

Leroy Wright expressed his support for the State Greenway Plan.

Alex Chamberlain provided copies of the summary report on the State Greenway System to the Board. He noted Brevard County needs to get moving on the Plan; he got involved in it over two years ago after realizing how much publicly owned land there is in the County. He stated other counties are way ahead of Brevard County with their Plan; and the County is missing some major opportunities for grant funding, technical assistance, public recreation and economic enhancement by not moving forward with the Plan. Mr. Chamberlain requested the Board direct staff to propose a structure for a citizens advisory committee to work with staff and the Board on developing a Countywide trails and greenways plan; authorize staff to set up a field trip for the Board, staff, and the committee members to check with the more advanced adjoining counties in the field of trails and greenways to view and hear what they are doing; and authorize staff to study and propose a plan of action for developing a Countywide system of trails, greenways and facilities on those trails for public use.

Commissioner Voltz stated she was not briefed on this item; and she cannot make a decision on it today, as she just received this information at the meeting.

Commissioner Scarborough inquired whether or not the Board is interested in getting more information on the item; and stated staff should not expend a great deal of time compiling reports and studies on individual Commissioners? or citizens? requests until the Board buys off on it. He noted Mr. Chamberlain is present tonight with an initial request to get information.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to table consideration of the State Greenway Plan to the first meeting in February, 1997; and direct staff to return at that time with additional information. Motion carried and ordered; Commissioner Voltz voted nay.

DISCUSSION, RE: WORKSHOP ON EXTENSION OF LOCAL OPTION GAS TAX

James Ansell, representing City of Palm Bay, advised of the City?s staff support to extend the Local Option Gas Tax; and stated he cannot at this time report on anything from the City Council as staff has not scheduled a briefing yet.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct the County Manager to schedule a workshop to discuss extension of the Local Option Gas Tax, and notify the cities of the date and time. Motion carried and ordered; Commissioner Cook voted nay.

DISCUSSION, RE: STATE OF FLORIDA v. MORRIS

Chairman O?Brien advised the case relates to the Nudity Ordinance and how it is applied at Playalinda Beach; the gentleman was arrested approximately 30 or 40 feet behind the signs that the Park Service put up which has since been removed; and the public wants to be totally unencumbered in going to their own public beaches. He noted the first arrest under this Ordinance was at Canova Beach.

County Attorney Scott Knox advised the County?s Nudity Ordinance is still in effect and enforceable.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct the County Attorney to recommend the State Attorney not appeal the ruling in State of Florida v. Morris. Motion carried and ordered unanimously.

AUTHORIZATION FOR CHAIRMAN TO SIGN LETTER TO FLORIDA DEPARTMENT OF TRANSPORTATION, RE: CONFIRMING BREVARD COUNTY?S INTENT TO CONSTRUCT PORT ST. JOHN EAST CONNECTOR ROAD

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize staff to meet with developer Irving Miller and representatives of Florida Department of Transportation to discuss the I-95/Port St. John East Connector Road; and execute a letter to FDOT confirming the Board?s intent to construct the Port St. John East Connector Road. Motion carried and ordered unanimously.

Upon motion and vote, the meeting adjourned at 11:00 p.m.

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

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