The Board of County Commissioners of Brevard County, Florida, met in regular session on March 24, 1998, at 9:03 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Helen Voltz, Commissioners Truman Scarborough, Nancy Higgs, and Mark Cook, County Manager Tom Jenkins, and County Attorney Scott Knox. Absent was: Commissioner O'Brien.

The Invocation was given by Pastor Rick Heilman, Calvary Chapel, Melbourne, Florida.

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

APPROVAL OF MINUTES

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve the Minutes of the February 3, 1998 Regular Meeting, February 24, 1998 Regular Meeting, and February 26, 1998 Zoning Meeting. Motion carried and ordered unanimously.

REPORT, RE: EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL

Commissioner Scarborough stated he and Commissioner Cook attended a meeting of the East Central Florida Regional Planning Council. He stated a bill was filed in the Legislature making membership in planning councils voluntary; the East Central Florida Regional Planning Council will hold a summit to allow all Commissioners of the six counties to participate in a discussion on where the Council is going; and advised he indicated there were some problems with what Brevard County feels it is getting from the Council, although the County wants to have a strong constructive relationship with its fellow counties. He proposed a representative from the East Central Florida Regional Planning Council address the Board; and suggested staff discuss the options. He advised Planning Manager Mel Scott suggested a possible decentralization of DCA using the Planning Council; and explained the advantages. He stated Brevard County should play an instrumental role in making the East Central Florida Regional Planning Council a viable entity rather than buying off on the legislation.

Commissioner Cook stated the idea for a summit came out of the meeting; and there are some serious questions about the East Central Florida Regional Planning Council's function and focus on issues that affect the counties in a regional manner. He stated he would like to keep an open mind until the summit is held; and it is a good step forward. He stated he is not necessarily in opposition to the legislation; if the Council was doing its job, counties would want to be members; so, if it is voluntary, it should not be a problem. He concurred with Commissioner Scarborough's idea of having the Chairman of the Council address the Board; and expressed support for all the Commissioners attending the summit. He stated Orange County has pulled out of the Council completely, refuses to pay any dues, and has boycotted the meetings; and suggested the Council become more specific in certain areas, focus on those issues that are truly regional in nature, and let the other planning agencies do their things. He stated Orlando was concerned about duplication of efforts which could be a waste of taxpayer money. He stated the first step is the summit to see if the counties can reach any consensus on the future of the Council.

Chairman Voltz stated currently the Council has no incentive to help the counties because the counties have to pay the Council regardless of what the Council does for the counties.

Commissioner Cook stated the question came up whether the Council was as consumer friendly as it could be.

Commissioner Higgs stated the process of analyzing what the Regional Planning Council should do started many months ago; and suggested a further definition and closer relationship between DCA and the Regional Planning Councils may be helpful. She inquired if all Commissioners will go to the summit; with Commissioner Scarborough responding the motion was for all Commissioners to participate. Commissioner Scarborough stated several things were discussed; one of the things was for the Chairman of each Commission to hold public hearings; and expressed concern about that proposal. He stated he is at a loss to express the views of the Board because it has not discussed what it wants from the Planning Council. Chairman Voltz inquired if Commissioner Scarborough wishes to put the issue on an upcoming Agenda; and stated the Board needs to hear from staff what its perspective is on the East Central Florida Regional Planning Council, and what the Council does for the County versus what the County pays the Council.

Commissioner Scarborough requested staff prepare a report; and stated Commissioners may have ideas after staff puts together its report. He suggested placing it on the Agenda a couple of weeks after the Commissioners get the staff report, and requesting the Chairman of the Council address the Board and answer questions. He stated if the Commissioners do not go to the summit prepared with different options, they may not contribute as much as they could; and explained the Board's positive role as a mediator.

Chairman Voltz advised she has a meeting with the Chairman of the Orange County Commission.

Commissioner Higgs suggested the staff report address the issue of what other regional planning councils are doing, and ideas on what the Council may do to be of benefit to the County. She stated analyzing what the Council has done may not be as helpful as what it could do. Commissioner Cook stated the Council has not done a whole lot, and that is the problem. Commissioner Higgs stated she is not opposed to planning, but there needs to be a Council that is viable, meaningful, and relevant to Brevard County.

REPORT, RE: SECURITY FOR MANUFACTURED HOMES DURING TORNADOES

Commissioner Higgs stated she met with Emergency Management Director Bob Lay and a number of citizens who live in manufactured housing or mobile homes; and there is a need for individuals to reassess their tie-downs to insure their homes are secure from tornadoes. She noted the recent Orlando Sentinel report concerning the failures during the tornadoes; and requested the County Manager, with the Emergency Management Director and Building Director, prepare a report recommending actions individuals should take to review the status of their manufactured or mobile homes.

Chairman Voltz stated during the last tornado in Indialantic, a huge sign was picked up out of the ground; and she does not know what the County could do to protect a mobile home from a tornado. Commissioner Higgs stated the recommendation is to check the tie-downs to insure they are properly operating; and she is asking for a report so the Board can give people sound advice. She stated there may be no way to insure individuals will survive a tornado, but the indications are that some things should be checked.

DISCUSSION, RE: EXPANSION OF SUNTREE-VIERA PUBLIC LIBRARY

Commissioner Cook stated the room next door to the Suntree-Viera Library is now available to be rented; the County Library Board and Suntree-Viera Library Board voted in favor of it; and they are willing to pay for the room until October 1, 1998, at which time it would become a budget issue. He requested the County Manager look into the possibility of renting the room, and report back to the Board at its March 26, 1998 zoning meeting. He stated if the space is rented to someone else, that contiguous space will be lost forever; and he would hate to lose this opportunity.

DISCUSSION, RE: COMMUNICATIONS PROBLEMS ON THE SOUTH BEACHES

Chairman Voltz stated the Board requested the County Attorney look into the communications problems on the South Beaches with ham radio operators; and it has not been taken care of yet.

Commissioner Higgs stated a letter was sent to the Federal Communications Commission. County Attorney Scott Knox advised there has not been a response.

Chairman Voltz requested a second letter be sent to the FCC to solicit some response on the issue.

REPORT, RE: ARTICLE CONCERNING COMMISSIONERS' SALARIES

Chairman Voltz stated there was an article in the newspaper today regarding County Commissioners' salaries; every time an elected official has to address the salary issue in accordance with the Charter, someone has a problem with it; most people do not like politicians getting a raise; and that is why the Commissioners decided to allow their salaries to be addressed through the Florida Statutes. She stated the article was unfair to the Board.

Commissioner Cook stated the Board relied on the opinion of the County Attorney; and if that judgment is not correct, there is a problem. He stated he does not know what to believe because he is hearing conflicting reports. Commissioner Scarborough advised the issue is on the March 26, 1998 Agenda, although the newspaper incorrectly stated it was on the Agenda today. Commissioner Cook stated it is a question of compliance with State law; he has to rely on that judgment; and if a mistake was made in the review of the issue, then there should be some accountability on the staff level if the opinion does not hold.

County Attorney Scott Knox stated if the Board compares the two opinions, it will find more support for the County Attorney's opinion than for the Charter Commission's opinion.

DISCUSSION, RE: LIBRARY SERVICES SYSTEM COLLECTION DEVELOPMENT PLAN

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to table consideration of the Library Services System Collection Development Plan. Motion carried and ordered unanimously.

Commissioner Scarborough stated the issue is the collection of legal materials in public libraries; Library Services Director Kathryn Stewart is assembling information on which volumes the public is using; and the North Brevard Library Board will be discussing the issue this evening. He stated there is no need to keep the collections the public is not using, but there is a need to make those that are used available.

RESOLUTION, RE: PROCLAIMING BUILDING SAFETY WEEK

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt a Resolution proclaiming April 5 through 11, 1998 as Building Safety Week. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: ISLAND CROSSINGS SUBDIVISION, PHASE 4B

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to grant final plat approval for Island Crossings Subdivision, Phase 4B, subject to minor changes if necessary and receipt of all documents required for recording. Motion carried and ordered unanimously.

APPROVAL, RE: OUT-OF-COUNTY TRAVEL FOR BUILDING CODE COMPLIANCE INSPECTORS AND PLANS EXAMINERS

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve use of County vehicle to transport three Building Code Compliance inspectors or plans examiners to Valdosta, Georgia in April, May, June, August, September, and October, 1998 to attend free continuing education seminars. Motion carried and ordered unanimously.

APPROVAL, RE: OUTSIDE MUSIC EVENT FOR VIERA EAST COMMUNITY ASSOCIATION'S ANNUAL BUNNY HOP

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve an outside music event associated with the Viera East Community Association's Annual Bunny Hop on April 14, 1998 from 11:00 a.m. to 3:00 p.m. Motion carried and ordered unanimously.

RESOLUTION RELEASING CONTRACT WITH LOVE MOBILE HOMES, RE: BROZMAN ESTATES

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution releasing Contract with Love Mobile Homes for sidewalk improvements in Brozman Estates. Motion carried and ordered unanimously.

RESOLUTION AND COUNTY DEED, RE: DAIRY ROAD SOUTH FROM PALM BAY ROAD TO U.S. 192

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution amending Resolution No. 97-125; and authorize the Chairman to sign the Deed transferring the County's interest in a portion of road right-of-way, Dairy Road South from Palm Bay Road to U.S. 192, to the Department of Transportation.

AUTHORIZE PURCHASE ORDER INCREASE FROM COLLINS & AIKMAN, RE: FLOOR COVERING FOR MELBOURNE COURTHOUSE RENOVATION

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to authorize increasing existing Purchase Order with Collins & Aikman for floor covering for the Melbourne Courthouse renovation from an estimated cost of $37,515 to $48,100. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE RFP AND APPOINT SELECTION COMMITTEE, RE: CONTINUING CONSULTANT SERVICES FOR MISCELLANEOUS PROJECTS

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to grant permission to solicit proposals for continuing consultant services; and appoint Consultant Selection Committee consisting of Public Works Director Henry Minneboo, Assistant Public Works Director Ed Washburn, Construction Management Engineer John Denninghoff or their designees and Engineer II Bruce Auchter and Engineer II Devin Swanson. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: RESOLUTION ACCEPTING IMPROVEMENTS AND ADOPTING FINAL ASSESSMENT ROLL FOR FLORA AND FAUNA WATER MSBU PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to authorize advertising public hearing on April 14, 1998 to consider Resolution accepting improvements and adopting final assessment roll for Flora and Fauna Water MSBU Project. Motion carried and ordered unanimously.

AUTHORIZE FUNDING, RE: PROPOSED SHARPES COMMUNITY CENTER

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve $2,000 from the General Fund Contingency to fund the appraisal of a proposed site for Sharpes Community Center. Motion carried and ordered unanimously.

REAPPOINTMENTS, RE: BREVARD VETERANS MEMORIAL PARK ADVISORY BOARD

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve reappointment of George Cipoletti, Hank Bollinger, Lou Rossi, John Brown, Jonah Britt, Peter Dilavore, Lester Rentmeester, and James Wiggins to the Brevard Veterans Memorial Park Advisory Board for one year effective March 24, 1998. Motion carried and ordered unanimously.

APPROVAL, RE: LIBRARY SERVICES TECHNOLOGY PLAN 1998-2000

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve the Library Services Technology Plan for 1998-2000 that meets the requirements of the Federal Communications Commission. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF SATELLITE BEACH AND SPACE COAST EMERGENCY MEDICAL SERVICES, P.A., RE: UTILIZATION OF COUNTY MEDICAL DIRECTOR

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Agreement with City of Satellite Beach and Space Coast Emergency Medical Service P.A. for utilization of County's Medical Director. Motion carried and ordered unanimously.

ADDENDA TO CONTRACTS FOR SALE AND PURCHASE WITH HENRY J. AND PATRICIA L. GORDON, AND JEFFREY AND WANDA TAYLOR, RE: PROPERTIES ADJACENT TO COUNTY'S CENTRAL DISPOSAL FACILITY

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to execute Addenda to Contracts for Sale and Purchase with Henry J. and Patricia L. Gordon and Jeffrey and Wanda Taylor for properties adjacent to the Central Disposal Facility. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING FLEET RESERVE ASSOCIATION

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution recognizing the Fleet Reserve Association for its contributions and continued service to our nation. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to appoint/reappoint the following: Howard Wolf to the Charter Review Commission, Bobby G. Mutter to the North Brevard Commission on Parks and Recreation, Elena Miller to the Animal Control Dangerous Dog Hearing Council, and Brian Hurley to the Parks and Recreation Department South Service Sector Advisory Board. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

RESOLUTION, RE: PROCLAIMING DAYS OF REMEMBRANCE OF THE VICTIMS OF THE HOLOCAUST

Commissioner Higgs read aloud a resolution proclaiming April 19 through April 25, 1998 as Days of Remembrance of the Victims of the Holocaust.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution proclaiming April 19 through April 25, 1998 as Days of Remembrance of the Victims of the Holocaust in hope that prejudice and inhumanity will be overcome through education, vigilance, and resistance. Motion carried and ordered unanimously.

Spiritual Leader John Goldring expressed hope that the world never undergoes a holocaust again; and thanked the Board for the Resolution. He invited the Commissioners to attend a memorial at 7:30 p.m. on April 23, 1998 at Temple Israel. Commissioner Higgs presented the Resolution to Mr. Goldring.

RESOLUTION, RE: COMMENDING TITUSVILLE GARDEN CLUB

Commissioner Scarborough read aloud a resolution congratulating the Titusville Garden Club on its 65th Anniversary; and advised of the activities of the Club to enhance the community.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution congratulating the Titusville Garden Club on its 65th Anniversary, and expressing appreciation for its community service. Motion carried and ordered unanimously.

Commissioner Scarborough presented the Resolution to members of the Titusville Garden Club. A representative of the Garden Club thanked the Board; stated the Club has 155 members; and Mary Bragg and Woodrow Clark who were members in the 1940's are still County residents.

RESOLUTION, RE: COMMENDING SANDRA SMITH

Motion by Commissioner Cook, seconded by Commissioner Higgs, to adopt Resolution commending Sandra Smith for her outstanding service to the citizens of Brevard County, and wishing her good health and happiness throughout her retirement years. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING CHARLETTE S. THOMAS

Chairman Voltz read aloud a resolution commending Charlette S. Thomas for her service to the citizens of Brevard County.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution commending Charlette S. Thomas for her service to the citizens of Brevard County and her contributions to the Brevard County Parks and Recreation Department. Motion carried and ordered unanimously.

Charlette Thomas stated she enjoyed her 30 years with Brevard County, and is retiring with mixed emotions. Chairman Voltz presented the Resolution to Ms. Thomas.

RESOLUTION, RE: COMMENDING COUNTY EMPLOYEES FOR ASSISTANCE TO VICTIMS OF TORNADOES

Commissioner Cook read aloud a resolution commending County employees, especially Lynn Masters and Carrie Cotter, for their assistance to victims of recent tornadoes.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt resolution commending County employees, especially Lynn Masters and Carrie Cotter, for their generosity, compassion, and caring for the victims of tornadoes that hit Central Florida. Motion carried and ordered unanimously.

Commissioner Cook presented the Resolution to Lynn Masters and Carrie Cotter.

RESOLUTION, RE: PROCLAIMING NATIONAL DOCTORS DAY

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution proclaiming March 30, 1998 as National Doctors Day in Brevard County. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING MABEL KROEPSCH

Chairman Voltz read aloud a resolution commending Mabel Kroepsch for decades of community service and political activism.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution commending Mabel Kroepsch for decades of community service and political activism, and extending best wishes for her 100th birthday, continued longevity, good health, and happiness. Motion carried and ordered unanimously.

Chairman Voltz presented the Resolution to Ms. Kroepsch. Ms. Kroepsch advised the presentation was a surprise; and expressed appreciation to the Board.

RESOLUTION, RE: RECOGNIZING ALUMNI CHAPTER OF FLORIDA A&M UNIVERSITY 1ST ANNUAL "EXCELLENCE WITH CARING SCHOLARSHIP GALA"

Commissioner Higgs read aloud a resolution recognizing Alumni Chapter of Florida A&M University 1st Annual "Excellence with Caring Scholarship Gala."

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution recognizing Alumni Chapter of Florida A&M University 1st Annual "Excellence with Caring Scholarship Gala" on April 4, 1998. Motion carried and ordered unanimously.

Dick Blake, President of Florida A&M University National Alumni Association, stated 30 students will be entering Florida A&M from Brevard County, one of whom made a perfect 1600 score on the Scholastic Aptitude Test; on April 4, 1998 the Gala will be held; and money from this event will go toward scholarships for deserving students. He stated the Alumni Association is very proud, and thanked the Board for the honor.

Commissioner Cook stated Mr. Blake is also Chairman of the Rockledge City Council.

RESOLUTIONS, RE: RECOGNIZING 1998 WOMEN OF THE YEAR

Commissioner Higgs stated the Commission on the Status of Women selects individuals each year to recognize for their accomplishments, and this year they have recognized three outstanding Brevard County citizens, Clara Smith, Joan Madden, and Michelle Woolley.

Commissioner Higgs read aloud the resolution recognizing Joan Madden as 1998 Woman of the Year.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution recognizing Joan Madden as 1998 Woman of the Year. Motion carried and ordered unanimously.

Commissioner Higgs read aloud the resolution recognizing Clara P. Smith as 1998 Woman of the Year.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution recognizing Clara P. Smith as 1998 Woman of the Year. Motion carried and ordered unanimously.

Commissioner Higgs read aloud the resolution recognizing Michelle C. Woolley as 1998 Young Woman of the Year.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution recognizing Michelle C. Woolley as 1998 Young Woman of the Year. Motion carried and ordered unanimously.

Michelle Woolley thanked the Board for the Resolution, and her mother for nominating her. Clara P. Smith expressed gratitude to the Commission on the Status of Women and Betty Murray for nominating her; and stated it is an honor she will forever remember. Joan Madden thanked the Board for the Resolution, the Commission on the Status of Women for the honor, and Mr. Tom Jenkins for nominating her. Ms. Madden stated there are thousands of opportunities to be involved in the community, and encouraged people to do that.

Commissioner Scarborough stated the County is fortunate to have this quality of volunteerism.

RESOLUTION, RE: PROCLAIMING WOMEN'S HISTORY MONTH

Commissioner Higgs stated the Commission on the Status of Women works each year to recognize Women's History Month; and read aloud a resolution proclaiming the month of March, 1998 as Women's History Month.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution proclaiming March, 1998 as Women's History Month, and expressing appreciation to all American women for their outstanding contributions. Motion carried and ordered unanimously.

Judy Amos, representing the Commission on the Status of Women, thanked the Board for the Resolution, and extended an invitation to the Commission on the Status of Women dinner on March 30, 1998.

RESOLUTIONS, RE: RECOGNIZING FLO CANHAM AND JOE GENERAZIO FOR BAREFOOT BAY COMMUNITY SERVICES

Commissioner Higgs stated on March 28, 1998 Barefoot Bay will be recognizing two of its leaders; and read aloud resolutions recognizing Joe Generazio and Flo Canham for their contributions to the Barefoot Bay Community. Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution recognizing the contributions of Joe Generazio and Flo Canham to the Barefoot Bay Community. Motion carried and ordered unanimously.

ANNOUNCEMENT

Chairman Voltz announced Commissioner O'Brien is in Washington, D.C. lobbying for beach restoration on behalf of the Board.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC RIGHTS-OF-WAY IN REPLAT OF MINTON'S CORNER SUBDIVISION, NO. 1 - LOWE'S HOME CENTERS, INC.

Chairman Voltz called for the public hearing to consider a resolution vacating public rights-of-way in Replat of Minton's Corner Subdivision, No. 1 as petitioned by Lowe's Home Centers, Inc.

Philip Nohrr stated this is a continuation of a request that was before the Board a number of months ago from the Lowe's Home Centers, Inc.; there was a land use and zoning change at the corner of Minton and U.S. 192; and it involved the acquisition of approximately 40 parcels and payment to neighbors to the effect their properties may have been impacted. He stated since that time there has been a challenge by the Department of Community Affairs which has been resolved; Lowe's has entered into a Binding Development Agreement as requested by the Board; all of the parcels have been acquired and all payments made; and at this time Lowe's wishes to go forward with development of the project. He stated in order to go forward, there are rights-of-way for Avenues D, C and a portion of Avenue B which need to be vacated; when the project was presented to the Board, they showed that the rights-of-way were going to be abandoned and become part of the project; and at this time Lowe's would like to have the rights-of-way vacated.

Commissioner Scarborough stated this has been extensively discussed, and all the Commissioners have been fully apprised.

Chairman Voltz stated Lowe's agreed to put up a 12-foot wall around the perimeter of the property; and requested the wall be on Lowe's property with the vegetation on the outside. Mr. Nohrr stated he does not have the engineering plans with him, but the plan was to offset the wall; and it is subject to a variance being granted; but he has no problem with the concept. He noted it says wall/fence, and he is not sure what the design will be, but it is meant to be part of an overall buffering. He stated it will clearly be as Chairman Voltz requested on the south side; on the west side, there is a retention pond; and he does not think the Board wants the wall by Feast Road; with Chairman Voltz advising that part is not in question. Chairman Voltz stated Lowes acquired land along with a home on the west side; the people do not want that little area fenced; and the gentleman who owns the property would be interested in negotiating to get that property back. Mr. Nohrr stated he will work with staff; he does not know about the engineering; but it will save money to do the fence in a straight line.

There being no further comments or objections, motion was made by Commissioner Scarborough, seconded by Commissioner Cook, to adopt a Resolution vacating public rights-of-way in Replat of Minton's Corner Subdivision, Number One as petitioned by Lowe's Home Centers, Inc. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PORTION OF PLAT IN HOLIDAY SPRINGS AT SUNTREE - ROBERT M. KUSH

Chairman Voltz called for the public hearing to consider a resolution vacating portion of Plat of Holiday Springs at Suntree as petitioned by Robert M. Kush.

Commissioner Cook inquired if the adjacent property owners were notified, and if any objections were received from agencies or adjacent homeowners. County Surveyor Beverly Sutphin responded the initial agency objections have been addressed and removed.

There being no further comments or objections, motion was made by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution vacating portion of Plat of Holiday Springs at Suntree as petitioned by Robert M. Kush. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - WALTER G. YOUNG, RE: REACT

Walter G. Young, President of Space Coast REACT, submitted written materials to the Board. Mr. Young stated REACT International was formed in 1962; there are 20 teams in Florida; in Brevard County, there are three teams; and there is a sister team in Indian River County which covers a portion of South Brevard. He stated REACT does not get a lot of recognition, but is always there; and advised of REACT's position in dealing with various disasters. He stated the job of REACT is to provide emergency communications; and advised of the equipment used. He stated REACT intends to purchase a van; it is not able to get a tax number for each of the teams although it is a 501C3 tax exempt organization; and Chapter 212.082, Florida Statutes, provides that the group can make tax exempt purchases through the County or municipalities. He stated he provided the County Manager and County Attorney with all of the necessary documentation; and requested a certificate that says REACT can use the tax number to get tags on the vehicle.

Chairman Voltz stated REACT does a great job in emergencies, and is needed in the County.

Commissioner Higgs stated the County Attorney advised the Board does not have to approve this since it is provided for in the Florida Statutes; however, there should be a procedure for organizations in that section of the Statutes to get the document they need in order to proceed.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct the County Manager draft a procurement procedure for use with Chapter 212.082, Florida Statutes.

Mr. Young stated they have tried to get this established because that way any one of the three teams in the County would be covered.

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

Chairman Voltz inquired about a motion for Mr. Young's request, and is it covered in the original motion. Commissioner Higgs stated the original motion would cover it, and then there would be a procedure that would cover it.

Mr. Young inquired when he can get the paperwork; with Management Services Director Stockton Whitten responding it is just a matter of Mr. Young cutting a check to the County, and the County making the purchase for the tag, and staff will work on the procedure immediately. Commissioner Higgs stated it would be an administrative procedure that would not have to come to the Board. Commissioner Cook stated he would like to get a copy of the procedure.

PUBLIC HEARING, RE: VESTED RIGHTS DETERMINATION FOR DRIVEWAY PERMIT AND SITE PLAN FOR DON OLSON TIRE STORE ALONG WICKHAM ROAD IN SUNTREE

Chairman Voltz called for the public hearing to consider the vested rights determination for driveway permit and site plan for Don Olson Tire Store along Wickham Road in Suntree.

Ken Crooks, representing Ustler/Fagan, Inc., stated the request is for the Board to acknowledge and accept the vested rights position of the applicant in regard to a driveway permit and final site plan approval on property on Wickham Road. He advised this hearing is not about zoning, permitted use, compatibility of the proposed tire store with the neighborhood, whether the Suntree Master Homeowners Association approves of the project, or whether the neighbors like the idea; and the question is whether the applicant has been given certain property rights and whether the County is allowed at this point to revoke those property rights. He requested the entire petition and exhibits be put into the record including a letter from County Manager Tom Jenkins dated February 16, 1998. He stated in January, 1997, John Haley, who owns the property, applied for and received a driveway permit from Brevard County; there is nothing in the application that is misleading or fraudulent; and the County reviewed it, and issued the driveway permit. He stated in February, 1997, Mr. Haley expended $5,000 in labor costs to construct the curb cut and driveway; five months later Ustler/Fagan, Inc. offered to purchase the property; in July, 1997, Ustler/Fagan, Inc. entered into a contract for purchase of the property for $290,000; and they have made non-refundable deposits of approximately $23,000. He stated after they purchased it, they spent seven months going through the site plan approval process; it was done by BSE Engineering; a copy of the driveway permit was on the application; and it was part of the site plan approval. He advised it was important for his clients that the driveway be made part of the site plan because it provided access onto Wickham Road; and that was the reason they selected this particular site. He stated in December, 1997 a letter was sent to Commissioner Cook and staff, but not to the applicant, by members of the Suntree Homeowners Association raising the issue of the validity of the driveway permit; it was reviewed by County staff; and in January, 1998 the site plan was given final approval. He stated after getting site plan approval, the clients entered into an agreement for a 20-year lease with Don Olson Tire Store beginning in March, 1998; but after that happened, the applicant received a letter from Code Compliance Director Billy Osborne indicating it was now the County's position that the driveway permit was issued in error, and that the final site plan approval and driveway permit were going to be revoked, the curb replaced, and the driveway returned to the way it was prior to January, 1997. He stated his clients were concerned; and he sent a letter to the County advising it could not take those actions. He stated a meeting was held to discuss various options, but County staff was not in a position to agree to any alternatives; and a petition was filed for vested rights determination. He stated the County performed some act, in this case issuing two permits and a site plan approval; his clients relied upon the issuance of those permits and approvals to their detriment; they expended money in reliance of those permits and approvals; and the record indicates his clients, in reliance upon the driveway permit and going through the site plan approval process, expended over $123,000 trying to get the project operational. He stated the costs are listed; and they are all the types of costs which provide for vested rights positions such as engineering fees, architectural fees, surveying fees, attorneys' fees not associated with acquisition of the property, permit fees, broker fees, and leasing fees as well as spending seven months in the process. He stated if the vested rights petition is not granted, his clients will lose a $2 million business opportunity with the lease agreement; the court decisions regarding vested rights are clear that once a governmental entity has issued a permit and the permit has been acted upon, the County cannot revoke the permit at that point; and in this case the final site plan approval under the County's regulations is vested for three years, no matter what the County does from that point forward. He stated there cannot be any governmental action upon which a property owner may be able to rely more than final site plan approval; that is what his clients have done in good faith; and they were not engaged in any type of misrepresentation or fraud. He stated his clients saw a piece of property that was conducive to what they wanted to do; it had a driveway access onto Wickham Road; they expended the money and got approvals from the County; and the County knew about the alleged problem with the driveway, and issued the final site plan approval anyway. He stated the interpretation of the County Ordinance upon which the revocation is based is in error as the section does not apply to the particular property; it deals specifically in the situation where a property is located between two parallel streets; the property in question is not located between two parallel streets; and explained the configuration of the property in relationship to the streets. He submitted copies of the Contract for Sale for $290,000, Lease Agreement, and the letter from December, 1997 which was sent to Commissioner Cook. He stated the Florida Supreme Court indicated where a permit has been issued which has been built upon, and there have been extensive expenditures by the property owner, the project is pregnant with equity; and that is the situation in this case.

Commissioner Higgs inquired if the 20-year Lease Agreement is in addition to the Contract for Sale; with Mr. Crooks responding yes, it was entered into in February, 1998 after the site plan was approved, and prior to the letter from Mr. Osborne being issued; and it has already been submitted to the County. Commissioner Higgs inquired with whom is the Lease Agreement; with Mr. Crooks responding it is with the Don Olson Tire Center operator. Commissioner Higgs inquired if the Lease Agreement has no contingencies; with Mr. Crooks responding affirmatively.

Philip Swatek, representing Suntree Master Homeowners Association, spoke against the vested rights determination; expressed concern about the development of the Wickham Road area; stated a determination of vested rights would imperil the community; and applauded the decision to rescind the curb cut.

Bill Fagan, Vice President of Ustler/Fagan, Inc., stated the issue is not usage of the property; the site also contains an operating bank; and advised of the examination of the marketplace to locate the site for Don Olson Tire Center. He stated on the east side of I-95 there are a number of undeveloped pieces of property with curb cuts; and advised of the importance of the curb cut. He stated their engineer made contact with the County and was told that the curb cut was in place, and was properly permitted; it was addressed again at the pre-app meeting, and they were told again that the curb cut would be acceptable for their use; it went through the site plan approval process and was granted final site plan approval; and they have spent a lot of time and money going through the process.

Bert Powell read aloud from the criteria for consideration of vested rights; stated the curb cut is only 95 yards from the traffic light of the intersection of Suntree Boulevard and Wickham Road; and outlined the traffic problems in the area and the hazards created by the curb cut. He requested the Board consider the criteria carefully to determine if the vested rights should be considered.

Betty Hart stated she owns the adjacent property to the Haley property; and advised of her background in the real estate business. She advised the property was offered to her before Mr. Haley bought it; when she inquired about adding a curb cut to the property, she was told it was impossible; and she was also told she could not get an additional driveway because of the traffic light situation. She explained the traffic problems; and advised of the proposed use of her property. She stated when she questioned the curb cut being put in, she was told the County would look into it, but she never heard any more about it until she talked to Mr. Haley; Mr. Haley advised there was a letter of intent to purchase the property to see if the tire company could do business there; and advised of a meeting held three weeks ago with Don Olson Tire Center representatives. She stated the representatives advised they have not put such a store in front of a PUD before, and having the driveway rescinded would not prevent them from doing business there as they would access through the cul-de-sac. She stated she suggested other properties along Wickham Road, but the tenant did not favor the other properties; and advised she finds it unusual that the client would not prefer to be in a neighborhood more friendly to his business. She inquired why was she told she could not have the curb cut if she bought the property.

Commissioner Higgs inquired who gave Ms. Hart the information that she could not get a curb cut. Ms. Hart responded it was approximately one and one-half years ago; outlined her exchange with staff; and stated she has the notes of the conversation in her office. She stated if the tire store decides to build next door, and it is a seven day a week business, it would influence what she would put on her property; and advised of her present plans.

Shirley King, representing Dahlman Professional Center, advised of the tenants of the Professional Center, and a meeting which was held to discuss the proposed tire store; and stated the question was whether they would prefer to support a curb cut on Wickham Road or to have access from Suntree Place. She stated she would prefer that access be from the cul-de-sac; and objected to the curb cut on Wickham Road.

John Haley, representing the Suntree Partners, stated if they erred in their application for the original driveway cut, they apologize for it; they received the driveway cut some time ago; and the issues are the driveway cut and the zoning issue. He noted in the past the opposition has been to the commercial usage of the property; they have been told it has been zoned commercially; there is a gas station across the street and a bank next door; it is appropriately zoned; and requested a confirmation of the zoning. He stated the third issue is the private deed restrictions which the County has not elected to enforce; the portion of the property being discussed is not governed by the Suntree Master Homeowners Association, but by the declarant of Suntree which is the Suntree Partners; and they do not object to the proposed project even though their building is directly adjacent to the property. He stated the documents which present the private deed restrictions specifically call for commercial and industrial uses on the property in question; and to say this is a private office park is untrue. He stated he is in the business of selling real estate and needs to dispose of this property, and would appreciate the County confirming what the appropriate zoning is; none of the tenants in the Suntree Partners building object to the curb cut; the proposed setback is 60 feet from the nearest building which is his; and that is a much greater distance than is required by the County restrictions or the private deed restrictions. He stated the buyer has a right to get a determination and proceed forward; and emphasized the need to not discriminate in selling residential and commercial properties. He stated if it is appropriately zoned and permitted in the deed restrictions, then it would be inappropriate for the Suntree Partners to interfere with someone else's business.

Ken Crooks stated he has a copy of the plat; it does not specify that access is limited to the cul-de-sac, but it indicates that access is available to that particular cul-de-sac; and as a result the plat has no application to this particular review. He emphasized the issue is not zoning, permitted uses, or whether the neighboring property owners are in favor of the project; and denial will adversely impact the project as the tenant is not inclined to go forward if there is no access to Wickham Road.

The meeting recessed at 10:49 a.m. and reconvened at 11:02 a.m.

Commissioner Cook stated the issue is of great concern to the residents of the area and to the County; and advised he spoke previously with Mrs. Baccus, Mr. Haley, and Mr. Swatek, and he also made inquiries to the County Manager. He stated the issue is complicated because the County issued a driveway permit; he does not know how it was issued or why because it is in error; and the review of the County Manager indicates it was not correct. He stated his interpretation of the plat is that all lots bordering on Wickham Road shall have access via Fresh Meadow Court and Burning Tree Place; even though it does not say that is the only access, that was the intent of the plat note; the rest of the lots within the professional setting have access via those roads; and that makes it puzzling that a driveway permit was issued. He stated the issue is whether there is a vested right because of this; and he does not think there is. He stated the Contract for Sale is contingent upon closing; it says closing shall take effect within 30 days after receipt of a building permit approval from Brevard County; but no building permit has been issued; no construction has been initiated on the property; and no closing has taken place. He stated if a closing had taken place, it would have been a little more indication of a vested right; the Lease Agreement is a preliminary agreement which would be validated later by a formal agreement; and inquired how could there be a valid lease agreement when there has been no closing on the property. He stated the plat notation that all lots bordering Wickham Road shall have access via Fresh Meadow Court or Burning Tree Place indicates that is where the access is supposed to occur. He stated a mistake was made by the County; and the person who approved it is no longer with the County. He stated the County should return any permit fees; and it should be the County's responsibility to remove the curb cut, but this is not a vested right for the reasons he indicated previously. He stated it is unfortunate for everyone involved; but the County has rectified the situation with the County Manager's determination; and the Board cannot expect the adjacent property owners to be punished because a permit was issued in error.

Commissioner Scarborough stated he any large institution is going to make mistakes from time to time; unfortunately the vested right concept is if someone relies on it, they acquire certain rights; and expressed concern about the language in the Contract. He stated if every time somebody acts in reliance, the County is automatically locked into granting them vested rights, there could be colossal problems. Commissioner Scarborough read aloud from page 2 of the staff analysis; and suggested compensating the person for out-of-pocket expenses. He stated the Contract has not closed; the Lease is tentative; and basically it is just the costs involved. He stated the Board would be wise to state as a policy that it will not assume a vested right in every case; there could be a minimal vested right if someone spends $50; and inquired if that would be enough. He stated the question becomes can you divest from a vested right; and the fair costs should be examined because that is a way to deal with it even if the first two elements of vested right have occurred.

Chairman Voltz inquired if the County turns this down, does the applicant have the option to go to court, and what are the County's chances. County Attorney Scott Knox stated if the Board turns it down, they have the option of going to court; and there could be legitimate arguments both ways. Chairman Voltz stated they have very legitimate arguments because they were approved twice by the County, once for the driveway and second for the site plan; once the County could say it made a mistake; but twice is stupidity. She stated they have a vested right; the Board has been through this before in another case; and they have a right, if the Board turns them down, to go to court.

Commissioner Cook stated they always have that right; there was incompetence on the part of the County that the permit was issued initially; but the Board stopped it in time. Chairman Voltz inquired what is a reasonable time, and inquired how much money have they expended. Commissioner Cook responded they have not even closed on the property. Chairman Voltz advised money was expended for the site plan process. Commissioner Cook stated the Board may want to look at reimbursing legitimate costs that were put out as a result of the County permit; but the Contract has not been closed, and that is a big issue, although they claimed to have acted in reliance of certain issues because of the permit. He stated the property has not closed; it is contingent upon a building permit from the County; that building permit was never received from the County; if it had been, there would be a problem; and he agrees with Commissioner Scarborough about having the County Attorney work out legitimate costs incurred as a result of the mistake of the County.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to deny vested rights determination for driveway permit and site plan for Don Olson Tire Store on Wickham Road in Suntree; remove the curb cut at the County's expense; and authorize the County Attorney to work with the applicant on legitimate costs that were incurred that the County may have a liability for.

Commissioner Higgs inquired what arguments the County Attorney would make in support of the motion. Mr. Knox stated the issue will come down to reliance, whether there was reliance upon the permits that were issued, whether or not they were validly issued or by mistake, and whether that mistake is a basis for equitable estoppel. He stated there are cases on both sides of that issue; the reliance in view of the contingencies in the contract and the tentative nature of the lease agreement is a question that has to be addressed; and there are some other issues, but whether the Board would win or not is a different matter.

Mr. Crooks stated two things need to be clarified before the Board votes; the Board is basing its decision on the interpretation of the initial contract; the contract has been amended three or four times; and it is not contingent upon the issuance of a building permit. He stated closing was scheduled at least three times; it was scheduled a week after the letter from Mr. Osborne; it has been put off three times as a result of the action by the County; and his clients have had to pay additional money to keep the closing date open. He stated the lease agreement is not preliminary; it is an agreement; the lessee has paid his client money; it was intended the lease begin March 15, 1998, but because of the County's actions, they would not go forward without getting the vested rights determination first. He stated to say that the contract is of no validity is inaccurate; his client acted in good faith; and if his client had closed on the property, the Board would be making the opposite argument, that his client had not acted in good faith by closing before getting the final site plan approval. He stated it looks as if no matter what his client did, he would be in the wrong. He stated the Board does not have the ability to make the choice whether or not his client gets reimbursed and the vested rights position goes away; it is up to his client to decide; and if the Board determines the County acted, whether in error or not, and his client acted in good faith reliance, his client is entitled to vested rights. He stated he is not in a position today to negotiate with the Board in regard to an amount of money; there are procedures for doing that; and it is not just a reimbursement of actual costs as his clients are losing business opportunities as a result of the pending action by the Board. He stated if there is going to be discussion about negotiation of price, the Board needs to put his clients back where they would have been if this action had not occurred.

Chairman Voltz inquired how does Mr. Crooks address the plat and the verbiage that Commissioner Cook read. Mr. Crooks responded it is to insure that the people who are going to build there have access to those roads, not to limit access to those roads; if whoever drafted the plat note wanted to indicate that access was limited to those roads, it would have said "is only allowed access" or "is limited" or that "access from Wickham Road is prohibited," but none of those things are in that note; and that interpretation is not so strong so as to adversely impact his client's property rights.

Commissioner Scarborough stated County staff is conscientious and hardworking, but they are human and are going to make mistakes; from time to time those mistakes can impact major decisions, but the effect may not create imminent peril of public health, safety and general welfare. He stated subparagraph c says it must be a change of position that would be "highly unjust and inequitable." He stated the word "highly" can be removed if the County agrees to compensate for out-of-pocket expenses; the concept of speculative is anybody's guess; if the Board interprets it the way Mr. Crooks is suggesting, people will take advantage of employees' honest mistakes, and the County's long-range plan for the betterment of the community will be adversely affected or the County will have to compensate for speculative business profits; and he cannot agree with it.

Commissioner Cook stated the reason it was brought up was to institute a level of fairness to the applicant for legitimate expenses which may have been incurred; but the overriding issue is whether this rises to a level of a vested right, and it does not. He stated the County has to think of the impact on the owner of the property and on the proposed business that is looking at purchasing the property, but it also has to think about the impact on the community. He stated this is a violation of a County Code; it was made in error; a lot of different issues come up regarding curb cuts off a major County road; and the County caught it in time to reverse its decision. He stated the Board should move forward to deny the vested rights determination and look at compensation for expenses that were incurred as a result.

Mr. Knox stated during the break, he discussed possible costs with the applicants, and they said it would be between $75,000 and $100,000. Commissioner Cook stated that does not add up to what he sees.

Chairman Voltz stated if the Board wants to change the criteria for vested rights every time it comes up for the individual situation, then the Board should not bother having the vested rights determination.

Commissioner Higgs stated the Ordinance describing vested rights allows the Board to grant vested rights in a situation which does not create an imminent peril to public health, safety or general welfare; that is the overriding criteria, and then it goes to the specifics; and the Board has to find several things in order to grant a vested rights determination. She stated in this case those things are not present; but the overriding issue is to determine if the health, safety, and general welfare of the surrounding residents are not imperiled; and then the Board can look to the specific criteria of vested rights. She stated vested rights is a difficult decision; in each case the Board must weigh the facts and make a finding; and it is a decision of the Board.

Commissioner Cook stated the Board can make an offer to the applicant, and have the County Attorney pursue it. Commissioner Scarborough stated he is satisfied with the motion; the Board can take care of the question of "highly" unjust by compensating for out-of-pocket expenses; and reiterated it would be possible for someone to make substantial profits because a County employee happened to make a mistake. He stated the Board needs a methodology where it can look at being fair within the concept of an argument for vested rights, removing the word "highly" from the verbiage by taking care of the actual costs.

Chairman Voltz called for a vote on the motion. Motion carried and ordered; Commissioner Voltz voted nay.

Commissioner Cook reiterated the motion includes the County taking out the curb cut.

RESOLUTIONS, RE: APPROVING ISSUANCE OF NOT EXCEEDING $14,060,000 MULTI-FAMILY HOUSING REVENUE REFUNDING BONDS, SERIES 1998 (PALM PLACE PROJECT) AND ISSUANCE OF NOT EXCEEDING $9,300,000 MULTI-FAMILY HOUSING REVENUE REFUND BONDS, SERIES 1985 (VILLAS AT LA CITA PROJECT)

Chairman Voltz stated Item VI.E.7 was tabled. Commissioner Scarborough advised no action was taken to table Item VI.E.7.

Fred Boozer stated one of the fastest growing methods of financing for investors is tax exempt bonds; the paperwork says there is no fiscal impact to the Board of County Commissioners or to the Housing Authority; but it leaves out the fiscal impact on all the citizens of Brevard County. He stated the Philadelphia Inquirer states the cost in lost taxes to all of the citizens nationwide brought about by tax exempt bonds is in excess of $36 billion a year; and investors who do not have to pay federal income tax on their interest income, multi-million dollar apartment owners whose property values are increased, and bond underwriters who charge lucrative fees are the ones who benefit from tax exempt bonds. He stated originally these bonds were used to benefit the citizens by providing sewer, water, streets, etc.; however, today the bonds are being used for less high-minded purposes. He advised of recent tax exempt bonds; stated the projects before the Board today have been previously blessed with tax exempt bonds; and he hopes the Board is not deceived by calling it affordable housing because the projects charge market rate rents. He stated this is a complex, high stakes, economic money game; and the time has come to stop the flow of tax free money.

Angela Abbott, Attorney for the Brevard County Housing Finance Authority, stated the Palm Place Project was financed by the Authority in 1985, and the bond financing is currently on the project; the current property owner acquired the property in July, 1997; and the developer has met the guidelines which the Authority has in place for considering refundings. She stated the Authority feels that this housing needs to be preserved for the County; and as a result of the refunding, the agreement will be extended for at least an additional ten-year term with the income caps and low-income set-aside. She stated the Authority feels in allowing the substitution of a credit enhancer and agreeing to an extension of the maturity of the bond, the residents will benefit from the increase in the land use restriction agreement. She requested the Board approve going forward with the refunding. She advised the project is not being removed from the real estate tax rolls.

Commissioner Scarborough stated Dr. Boozer indicated the tenants are paying market rate. Ms. Abbott stated the rents are not controlled; but the tenants have to fall within the income guidelines, so rents are probably lower than market rate. Commissioner Scarborough inquired if Ms. Abbott knows the rents are below market rate; with Ms. Abbott responding she thinks they are slightly below market rate, but the developer should respond to the question more accurately.

Commissioner Higgs inquired about the relationship with W. R. Hough on the La Cita Project. Ms. Abbott responded William R. Hough and Company, which is the underwriter on the bonds, is affiliated with a partnership which is a 50% owner in the Villas at La Cita Project as well as the project in Volusia County. Commissioner Higgs inquired if that creates a conflict; with Ms. Abbott responding an independent financial advisor has been retained by Volusia County, Ann Kopelousos, to try to alleviate concerns about conflict of interest; and the Housing Authority does not consider it a problem. Ms. Abbott advised the Brevard County Housing Authority is not issuing the bonds; and the Volusia County Housing Authority will issue the bonds for the Villas at La Cita and their project as well. Commissioner Higgs inquired if Volusia County is going to do it and all that is needed is for the Board to agree to it. Ms. Abbott requested the Board approve the interlocal agreement to allow Volusia County to refund the Villas at La Cita issue in conjunction with its own refunding. Commissioner Higgs inquired if negotiated sale is the process being used, and is W. R. Hough which owns 50% going to negotiate for their own sale.

Ann Kopelousos, Financial Advisor to Brevard County Housing Finance Authority, stated she has also been retained by the Volusia County Housing Finance Authority to act as the financial advisor on this refunding; and whether or not the Board agrees to the interlocal agreement, she will be the financial advisor to Volusia County on the project which it is refunding. She stated as far as a conflict of interest because the developer and underwriter have an association, she understands the appearance, but from a practical side, the fact that the two are related in this case does not create a conflict of interest because it is in both of their interests to keep the interest rate and costs as low as possible. Commissioner Cook stated there is an appearance of conflict. Commissioner Higgs stated it is a negotiated sale to W. R. Hough; and inquired if they will hold these as a subsidiary. Ms. Kopelousos stated the bonds will not be held by William R. Hough or any related company; the bonds will be underwritten by Hough and Company which will turn around and sell them to members of the general public; and they have no interest in owning the bonds. She noted if Hough and Company owned the bonds, the interest would not be tax exempt, so the benefit would be lost. Commissioner Higgs stated W. R. Hough will sell them to the general public, and in that way, secure commissions on those sales; with Ms. Kopelousos agreeing that is true.

Helen Feinberg, representing William R. Hough and Company, stated it is a separate company from WRH Mortgage; it is affiliated in that it has a common majority ownership; similar individuals own stock in each company; but they are separately managed companies. She stated the WRH Mortgage Company currently owns the bonds; William R. Hough and Company will be selling the bonds to institutional investors, and they will be Fannie Mae credit enhanced so that there will be various levels of due diligence and oversight in the structuring of the transaction. She stated they contemplate a successful marketing; the relationship between the parties will be disclosed to all investors; and the stockholders in both companies do have a common goal in seeing that the interest rate is as low as possible. She stated the issue has been considered and is being dealt with in a professional and full disclosure basis to all parties.

County Manager Tom Jenkins stated the Finance Committee discussed that issue, and asked for language in the documents. Commissioner Cook stated the Committee requested that, and he requested Financial Advisor Tom Holley to give a response to the questions that were raised at that meeting; and Mr. Holley's response has not reassured him. He stated there are a number of issues which Dr. Boozer brought up; one of the bonds would be extended out 42 years in total from the time it was financed with tax exempt bonds; and it is unfair to someone who may buy rental property through a bank and pay interest and taxes. He stated the tax exempt bonds were supposed to meet a need in the community; while there are income guidelines, there is no control on the rents; and so the rents are market driven. He stated on one hand there are people with tax exempt bonds charging the same rent as a private small investor would if that investor bought a small apartment building; and he is concerned about the inequity there and how long they will keep getting refinanced. He stated there are legitimate questions to be answered; every time it is refinanced, there are consultants, bond counsels, financial advisors, etc., and everybody takes their portion of the pie. He stated he asked Mr. Holley to do a synopsis; and he is concerned about the bond validation. He stated the bond counsel informed Mr. Holley that the refunding of the bonds will be validated by the courts in order to insure the legality of the refinancing by Volusia County Housing Authority of the bonds previously issued by the Brevard County Housing Authority; and he indicated the Florida Statute is not clear on that point, and the bond validation will clarify the issue. He stated the bond counsel advises Florida law is unsettled as to the enforceability of this provision, which is the limitation of Brevard County being indemnified by Volusia County; and if the County's bond counsel says the Florida law is unsettled, the County can put that in there, but it may not be enforceable. He stated there are still some outstanding questions on this issue; and there are some philosophical questions. Chairman Voltz inquired which refunding he is talking about; with Commissioner Cook responding the language is the same on both in the letter from Mr. Holley.

Mark Eidson stated he represents WRH Mortgage and WRH Properties, Inc. which is the owner of the Villas at La Cita Project; and advised of the history of the project. He stated the refunding is a refinancing for a long term to insure that the bonds are used to finance the project and maintain the set aside and affordability requirements; and as far as any relationship with William R. Hough and Company, WRH is an equity owner in the project, and interested in making sure it gets the best interest rates in the market.

Commissioner Scarborough inquired if the rents are market rates or reduced rates. Mr. Eidson stated set aside requirements require them to hold 20% of the units for people making no more than 80% of median income; there is a formula for the rents; and 80% of the project is a market rent project. Commissioner Scarborough inquired if someone meets the income criteria, are they given reduced rent; with Mr. Eidson responding 20% of the units have to be held out for people making no more than 80% of median income; and it is not a yes or no answer. Commissioner Scarborough stated he is not prepared to vote on this issue today.

Chairman Voltz inquired who set the 20% guidelines; with Mr. Eidson responding the Internal Revenue Service.

Mr. Eidson explained the units are priced at market rents; and if they cannot be filled with people who make less than 80% of the median income, those units have to be held for that type of resident. Chairman Voltz inquired what is the occupancy rate, and how often are they kept vacant. Mr. Eidson stated approximately 40% of the units are filled by people making less than 80% of the median income. Chairman Voltz stated if the IRS is going to set aside funding like this that they are only required to do 20% if they are given tax free bonds, it does seem that this is not serving the people in the community that it was meant to serve. She stated 20% is not much considering the benefit they are getting by using tax free bonds. Mr. Eidson stated the project was built with the tax exempt bonds; and it was done in order to maintain a long term housing need of the County. Mr. Eidson stated they have complied from the beginning, and will continue to comply; they will extend the land use restrictions for at least another ten years, which is required by law, to insure they are in compliance with the IRS guidelines; and it is common with any project financed like this.

Ms. Abbott stated the requirements also include that 100% of the units must be available to people making no more than 150% of median income, so it prevents the project from being turned into condominiums or rented by corporations, and being lost as affordable housing. She stated the Housing Authority has had housing needs studies performed which show the County has an increasing need for multi-family housing at an affordable level; and they are trying to meet that goal. She stated the requirements are being met which are set down by IRS; it is not a subsidy; the only benefit to the developer is that the tax exempt financing is at a slightly lower interest rate, but there is no subsidy coming into the project. She clarified the two projects are different; the concerns that were expressed in Mr. Holley's memo do not relate to the Palm Place project; and validation is required on only the Villas at La Cita project because there is going to be an interlocal agreement and Volusia County will be refunding Brevard County Housing Finance Authority bonds. She stated the Authority is allowed to issue and refund its own bonds, but it is not clear in Chapter 159 whether an Authority can refund another Authority's bonds; that is what they are going to court to get clarification on; and if the court determines that cannot be done, then the issue will come back to Brevard County. She stated as far as the indemnification clause, the Housing Authority has requested indemnification in all the interlocal agreements it has entered into, and requested the County be included as a party to those indemnifications. She stated the Housing Authority truly does not have any exposure, and the County has even less in these issues. She stated the County is not a party to the Volusia County issue at all.

Commissioner Cook inquired why is the Board voting on it; with Ms. Abbott responding the Statutes require the interlocal agreement to be approved by the Board.

Commissioner Scarborough inquired about the 20% set aside; with Ms. Abbott responding 20% have to be held for people making less than 80% of median income, and 100% must be held for persons making no more than 150% of median, but the figures in both projects are well over the 20%. Commissioner Scarborough inquired if the Board can require that the rents for the 20% be at 75% of the other rentals; with Ms. Abbott responding the Housing Finance Authority has never imposed rent controls. Commissioner Scarborough expressed concern about the lack of social benefit if someone has to pay full market rate for rent; and inquired why is this being done if there is no social benefit. Ms. Abbott advised there is a social benefit because the units are being held open; and 68% of the Villas at La Cita project is already being occupied. Commissioner Scarborough stated this is not helping the needy; and he does not understand why the federal government created the program because there is no net benefit to society. Ms. Abbott advised the rents are lower because the cost of operating the project is lower. Commissioner Scarborough inquired if they can require that 20% of the units have to be at 75% of the other rents; with Ms. Abbott responding it can be requested, but she does not know if it is agreeable. Commissioner Scarborough stated those with less money overall probably spend a greater proportion of their money for food, shelter and things like that than someone with greater disposable income.

Commissioner Higgs inquired if the Vinings project is a negotiated sale; with Ms. Abbott responding it is a lower floater; the bonds are repriced weekly; and so negotiated sale is the only viable means to market the bonds, and Mr. Holley's memo agreed that is the appropriate method. Commissioner Higgs inquired if the Housing Authority has ever done a competitive sale of bonds; with Ms. Abbott responding not that she is aware of. Ms. Kopelousos advised the vast majority of housing bonds are sold through negotiated sales; and the only competitively issued housing bonds that she has been able to discover are issued by State housing agencies. She stated the vast majority of those include a pledge to back the bonds of more than just the revenues of the project; and they are more on the order of a general obligation bond. Commissioner Higgs inquired who are the underwriters who are negotiating for the housing finance authority type bonds; with Ms. Kopelousos responding every local issuer in the country is doing negotiated sales with various underwriters. Commissioner Higgs inquired in Florida who else underwrites; with Ms. Kopelousos responding Raymond James, George K. Baum, W. R. Hough, and Smith Barney. Ms. Kopelousos advised not that many companies are still doing housing bonds; and most of the companies that were doing them in the 1980's have left the business. Ms. Feinberg named several other underwriters. Ms. Kopelousos stated the reason that housing bonds are sold through negotiated sale is that competitive issues are more costly to do and the interest rate on competitive issues could be higher because flexibility of timing is lost. She advised of research done by County staff about competitive versus negotiated issues. She stated the rates must be structured so that the units are affordable to people making 80% of median or below; there is ample evidence that they are since 40% to 50% are rented by people in that bracket; the rents may be close to rates found in other apartment projects in the County; and explained why that may be.

Commissioner Scarborough inquired if the goal is to have lower rents throughout the County for all citizens or is it for a certain portion of the population; and stated if it is influencing rents throughout, the Board should look at it that way. He compared private projects versus bond projects; and stated it is not his desire to go into partnership with a brokerage firm to compete against private property owners, but to have projects to help a select group of people who are not able to afford housing. Dr. Boozer stated the median income in the County is approximately $44,300; they are renting to people making 80% of that figure; and they should be able to pay market rents. He suggested the money be used to help the homeless, people on SSI, and people who really need help. He stated the people living in these apartment do not need help; and the money can be used for other purposes.

Commissioner Cook stated the price is created by the marketplace; it is not because of these tax exempt bonds; the idea was that this should be helping people who are 80% or less of the median income; but the rents being charged are market rate, so it is not impacting those individuals it was meant to impact. He stated in the Vinings, the maturity of the bonds would be extended 42 years from the date of the original bonds; and expressed concerns if this is meeting the needs of those people who need help. He stated he cannot support extending the projects today; and at some point the Board has to take a hard look at what it is doing. He stated there are other questions to be answered concerning bond validation and indemnification.

Chairman Voltz inquired what will happen if the Board does not take action today; with Ms. Feinberg responding the deed restrictions would expire; the units could be converted to condominiums; and by refunding the bonds, the Board will preserve a supply of affordable housing. Chairman Voltz stated if the income levels are not really designed to help the people who need housing, this is not doing anything. Ms. Feinberg stated the IRS when it designed the bond program felt that 20% at 80% category was worthwhile; with Chairman Voltz noting the IRS thinks a lot of things are worthwhile. Ms. Feinberg stated the program is available today; and the Housing Finance Authority thinks it makes sense to have these set asides for the future.

Commissioner Higgs inquired if the Board continues this to April 14, 1998, what will be the consequences. Ms. Abbott responded the closing on Palm Place is scheduled for April 7 and 8, 1998. Ron Beneke stated they purchased the property July, 1997, and promised Chase Bank they would relieve it of its obligation on the bonds; and they are in that process now. He stated they have another credit enhancer of comparable credit to replace them; and explained the revisions to reflect the new requirements. He noted one of the requests was to extend the term of the bonds; the TEFRA hearing was held; and the issue is whether the Board will extend the bonds further than 2007.

Commissioner Scarborough stated he does not like being forced to make a decision today. Commissioner Higgs stated there are two separate issues; she has questions about the Palm Bay issue; and suggested deferring that issue to March 26, 1998. She stated she is not comfortable with the other item; and inquired what is the date on the Villas at La Cita. Ms. Abbott stated the Housing Finance Authority is not issuing those bonds; the Volusia County Authority was going to proceed with the validation; and the issue will probably not close until May, 1998. Commissioner Higgs stated that issue could be deferred; and stated if the Board chooses not to act on the Palm Bay issue, the Authority could do it at a later date. Ms. Abbott stated the letter of credit on the issue is expiring; they did not wait until the last minute; the process started well in advance; they have been through the Finance Committee reviews; and they have not put the Board in a compromising position. Commissioner Scarborough disagreed, and stated this is the only opportunity the Board has had for discussion. Ms. Abbott advised the Finance Committee has seen this. Commissioner Scarborough stated the Finance Committee is advisory; it does not have the authority of the Board; and until the Board has the chance to sit and express concerns, a decision cannot be made. Commissioner Cook stated the Finance Committee only asked for this to come forward with Mr. Holley's synopsis so all the Commissioners would be aware of the issues; and he is willing to put this off until April 14, 1998. Commissioner Scarborough stated he wants to go to the base issues of having the benefits go directly to the people who need them; and suggested 30% or more of the housing be set aside for those with 60% or less of the average income, with the rent set at 60% of the market rate.

Commissioner Cook expressed concern that there are income guidelines, but the rents are market rate and not controlled; stated the benefit of the tax exempt bonds is supposed to go to affordable housing; and he does not see the outcome matching the original idea. Commissioner Higgs noted the difference in the two projects. Commissioner Scarborough stated the Board needs to promulgate base guidelines for the Housing Authority. Commissioner Higgs stated she has other issues concerning sale of the bonds.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to table consideration of Resolution approving issuance by Brevard County Housing Finance Authority of refunding bonds for the Palm Place Project (The Vinings at Palm Bay) and Resolution approving issuance by Brevard County Housing Finance Authority of refunding bonds for The Villas at La Cita Project to April 14, 1998. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION AND ORDINANCES FOR SUBSTANTIAL DEVIATION TO THE GREAT OUTDOORS DRI AND RELATED AMENDMENTS TO COMPREHENSIVE PLAN AND ZONING CODE

Chairman Voltz called for the public hearing to consider resolution and ordinances for substantial deviation to The Great Outdoors DRI and related amendments to the Comprehensive Plan and Zoning Code.

Commissioner Scarborough stated he does not have any problem with what staff has worked out with DCA.

Motion by Commissioner Scarborough, to adopt Resolution approving the Development Order for the Substantial Deviation to The Great Outdoors DRI; adopt Ordinance amending Chapter 62, Article III, of the Code of Ordinances of Brevard County, Florida, entitled "The 1988 Comprehensive Plan," setting forth Plan Amendment 97-C of the Comprehensive Plan; specifically amending Section 62-501 entitled "Contents"; amending Part XVIII.G. "Future Land Use Appendices"; providing for internal consistency with these amendments; providing legal status; providing a severability clause; providing for area encompassed; providing for conflicting provisions; and providing an effective date; and adopt an Ordinance amending Chapter 62, "Land Development Regulations," Code of Ordinances of Brevard County, Florida; amending Article VI, Section 62-1841.5, "Recreational Vehicle Park Destination Resort," by amending maximum size of resort homes and maximum structure coverage; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Brevard County Code.

Commissioner Higgs stated there is more awareness of the need for manufactured housing and RV facilities to have suitable arrangements when there are tornado watches; and requested that be included in the emergency planning for the DRI.

Lynn Hansel, representing The Great Outdoors, stated a month ago when the storms came through the restaurant and public recreation hall were open; although probably nothing in the County will withstand a tornado, those facilities are better than an RV or modular home; and there are other concrete block buildings in the park which can be made available. He made a commitment to the Board to meet with Emergency Management Director Bob Lay to get advice and recommendations on appropriate shelters.

Commissioner Scarborough amended the motion to include Mr. Hansel's commitment to provide appropriate emergency shelters. Commissioner Higgs seconded the motion.

Commissioner Cook inquired if staff is satisfied with the agreement worked out with DCA; with Planning Manager Mel Scott responding yes. Commissioner Cook inquired if the Commissioner of the District has any problem with it; with Commissioner Scarborough responding it is a positive project which has brought in wonderful people.

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

Planner Steve Swanke stated separate actions are needed according to the Florida Statutes.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution approving the Development Order for the Substantial Deviation to The Great Outdoors DRI, amended to include commitment to provide appropriate emergency shelters. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Ordinance amending Chapter 62, Article III, of the Code of Ordinances of Brevard County, Florida, entitled "The 1988 Comprehensive Plan," setting forth Plan Amendment 97-C of the Comprehensive Plan; specifically amending Section 62-501 entitled "Contents"; amending Part XVIII.G. "Future Land Use Appendices"; providing for internal consistency with these amendments; providing legal status; providing a severability clause; providing for area encompassed; providing for conflicting provisions; and providing an effective date. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt an Ordinance amending Chapter 62, "Land Development Regulations," Code of Ordinances of Brevard County, Florida; amending Article VI, Section 62-1841.5, "Recreational Vehicle Park Destination Resort," by amending maximum size of resort homes and maximum structure coverage; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Brevard County Code. Motion carried and ordered unanimously.

Jim Swann complimented County staff.

The meeting recessed at 12:25 p.m. and reconvened at 12:34 p.m.

RESOLUTION, COUNTY DEEDS TO CITY OF TITUSVILLE, AND CONSERVATION EASEMENTS TO ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, RE: SPACEPORT COMMERCE PARK SHEPARD DRIVE EXTENSION PROJECT

Commissioner Scarborough stated the Tico Airport Authority received State funding to put a road in to SR 407; this is the road that people coming from Disney World would utilize to the Space Center; and the new road will benefit the airport as well as the Industrial Park. He stated the Industrial Park is in the City of Titusville which will be taking over maintenance; but the surrounding land is County land. He stated Shepherd Drive is spelled incorrectly; that is not the spelling of Alan Shepard's name; and requested it be corrected. He stated he and Mr. Jenkins met with the City yesterday; recommended entering into a supplemental maintenance agreement to allow the County to landscape; and advised the funds will come from the District 1 Road and Bridge MSTU and will not affect any Countywide funding.

Commissioner Higgs inquired about the maintenance agreement. Commissioner Scarborough stated the City accepts the road, but the County wants to do some landscaping and additional maintenance. Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt Resolution authorizing transfer of interest in County property located in Spaceport Commerce Park, formerly known as Enterprise Park; execute County Deed conveying road right-of-way to the City of Titusville; execute County Deed conveying related drainage areas to the City of Titusville; and execute Conservation Easement in favor of the St. Johns River Water Management District for Shepard Drive extension project in Spaceport Commerce Park. Motion carried and ordered unanimously.

APPROVAL, RE: AMENDMENT/JOINT STIPULATION AND SETTLEMENT BETWEEN BREVARD COUNTY AND CORPORATION OF THE PRESIDENT OF THE CHURCH OF THE LATTER DAY SAINTS

Chairman Voltz inquired if the County Attorney looked into the possibility of using the funds for the Juvenile Assessment Center. County Attorney Scott Knox advised that cannot be done. Mr. Knox stated there were discussions with Mr. Williams representing Deseret, and the issue has been resolved to his satisfaction; and the Stipulation will be amended to eliminate the Option Agreement and Occupancy Agreement as of September 19, 2001.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to grant permission for the County Attorney to amend and execute modifications to the Joint Stipulation and Settlement Agreement between Brevard County and the Corporation of the President of the Church of Jesus Christ of Latter-Day Saints to continue Deseret Ranch's use of the proposed South County Solid Waste Management Facility site for the remainder of the Settlement Agreement's term at a rental rate of $10.00 per acre per year. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: HOLIDAY SPRINGS AT SUNTREE

Commissioner Cook inquired if there have been any objections, and does staff recommend approval; with Land Development Specialist Gwen Heller responding there have been no objections, and staff recommends approval. Commissioner Cook stated this will decrease the density; with Ms. Heller responding it will set aside some tracts for preservation.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to grant final plat approval for Holiday Springs at Suntree, subject to minor changes if necessary and receipt of all documents required for recording. Motion carried and ordered unanimously.

RIGHT OF ENTRY AGREEMENT AND BRIDGE MAINTENANCE AGREEMENT WITH FLORIDA DEPARTMENT OF TRANSPORTATION, RE: I-95 PEDESTRIAN OVERPASS AT FAY BOULEVARD PROJECT

Commissioner Scarborough stated the Metropolitan Planning Organization had this item as an enhancement; MPO received something from FDOT which freed up the enhancement; it is moving ahead with it; and the County needs to give it rights of entry to certain properties and agree to maintenance.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to grant permission for the Chairman to execute Right of Entry and Bridge Maintenance Agreements with Florida Department of Transportation for the I-95 Pedestrian Overpass at Fay Boulevard. Motion carried and ordered unanimously.

DISCUSSION, RE: LIBRARY CLOSING ON APRIL 12, 1998

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve closing the Central Brevard Library, Cocoa Beach Library, Franklin T. DeGroodt Library, Melbourne Library, and North Brevard Library on Easter Sunday, April 12, 1998. Motion carried and ordered unanimously.

DISCUSSION, RE: DEVELOPMENT WITHIN WEST CANAVERAL GROVES

Community Development Administrator Peggy Busacca stated the report includes a status of construction activity; the County continues to issue building permits to people who are coming in new to the West Canaveral Groves area as well as those who have been in the area for some time and are coming into compliance; and the rate at which the older residences are coming into compliance as well as the rate at which people are moving into the area without permits has begun to slow down over the last year. She stated staff has identified a number of options for providing wastewater treatment including septic tanks with various funding options as well as putting in sewers. She stated there is not an adequate supply of potable water; but the services could be provided through a municipal system or through improvements to individual wells. She stated the County is currently maintaining Satellite Boulevard in a usable condition; however, it is not up to standards which can make it difficult to go across depending on conditions; and all of the side roads are not currently being maintained. She stated there is a concern about private lakes which have been dug on the lots; they generally do not meet the 75-foot setback requirement from adjacent property lines due to the width of the lots; but it is possible to reduce the septic tank setbacks on lots platted prior to 1972 to 50 feet; and the Board may want to consider adopting an Ordinance to reduce the setbacks for private lakes to 50 feet for lots platted prior to 1972. She advised unless otherwise directed, this would also affect other lots within the County which were platted prior to 1972. She stated the report also identifies a number of funding mechanisms; and explained how the funding could take place. She stated the report discusses several funds which have not been historically used in the area.

Chairman Voltz stated she met with representatives of Fannie Mae; they were looking at the Canaveral Groves area, and could potentially come in and provide all the infrastructure, and then be paid as people are able to pay; and that may be an option. Ms. Busacca stated she met with Fannie Mae representatives; they talked about being an equity partner with the County; the process they envision is that the County or a non-profit organization would purchase lots at the current price; the improvements would be made in the area; those lots would then be resold at a higher rate; and the money that was brought back would be split between Fannie Mae and the County. She stated the County could use the funds to make other improvements; and Fannie Mae's would be a repayment of their equity partnership. She stated Fannie Mae has asked for information on the cost of making the improvements so a decision could be made on the feasibility of doing this; and that information is being provided. She stated that is a new approach that has not been considered previously; it would be a definite redevelopment of the area; and the character of the area would significantly change. She stated staff has also identified the USDA Home Loan, which can provide loans to low income individuals in rural areas; and this area would meet the requirement. She stated the Board could also consider CDBG, HOME and SHIP monies; however, in some cases the use of those funds would require some changes to existing Board policies; insurance is difficult to obtain; and it has been impossible to provide a lot of people with assistance because of their inability to get insurance. She stated the Board could look at the policy and increase the flexibility so it could be more easily obtained. She stated the area could be designated as a CDBG target area; and although staff has not done the research necessary to determine if it meets the criteria, staff believes that it does. She stated there is also money available from wastewater revolving loan, if the Board wishes to consider sewer in the area; and staff is also working with the St. Johns River Water Management District to see if loans would be available through the District or the EPA.

Hans Saurenmann urged the Board to bring this issue to a conclusion; advised the area needs a master drainage plan, a transportation plan, and a population plan; and stated it may be necessary to amend the Comprehensive Plan. He expressed support for the direction proposed by staff; and recommended a Task Force be formed, representing all property owners, to bring back a proposal within 90 to 120 days for the Board's consideration.

Thomas Perkinson stated he will be in complete compliance this year; it will cost him up to $6,000 to $8,000 to do it; and suggested a bigger sign be posted when there are meetings so more people will be aware of them.

Dick Gregory stated the report is good; and recommended establishing an MSTU or MSBU to include all the lots on Satellite Boulevard all the way to the Beeline. He stated the values are being reassessed; and that is helping the issue. He recommended the setback for private lakes be changed to 50 feet.

Tom Butterworth stated he does not need financial assistance; but wants to address the dumping of sludge, concrete and other raw materials all over West Canaveral Groves. He stated he has gotten no response from the County other than that it is clean construction material; it is not clean construction material; it is raw concrete sludge; the people dumping it have no authorization to dump it where they are dumping it; and requested it be stopped. He stated there are only two County inspectors, and they cannot come out every time there is a complaint; and suggested hiring another inspector.

Keith Dopke stated he and his wife have lived in Canaveral Groves for two and one-half years; the County said in hardship cases, it will help with septic systems and housing; he has been before the Board previously for violations; and he has complied to the fullest extent to not be in violation of the Codes. He stated he brought in a trailer to meet the 400-square foot living space requirement; he was advised by another County employee that the trailer was in violation; he removed the trailer; and now he is being taxed on that trailer which was on the property for six months. He stated he has been complying to the best of his ability; he is permanently disabled; his wife is injured and unable to work; and he receives $500 a month. He stated he has no running water; he only has the bare necessities; he bought his property from Mr. Gregory who has been working with him; he notices some people who have grants are on welfare and working two jobs; he does not collect welfare; he worked all his life; and his land is all he has. He stated it seems like the rich want to push the poor out of Canaveral Groves; he cannot afford a septic system or a house to live in; he has improved his land by hand; and advised of various violations. He stated he does not want to lose his land or end up homeless; he has a 24-foot self-contained trailer; and he needs help.

Bob Scorah, Vice President of the Canaveral Groves Homeowners Association, stated the Association was not advised of proposals in time to address the membership; the proposals will affect all the owners; everyone deserves decent roads and drinking water; he personally objects to sewer being installed; and requested time to address the Homeowners Association.

Joe Stadnik stated the problem is the fees which come up to $24,500; and inquired if someone does not have the money, is the County going to throw them off the land. He stated there was a problem a few years ago with squatters; the Board came up with the ideas to get them to comply; but now it is time to bite the bullet. Mr. Stadnik stated the land at that time was selling for $1,000 an acre; now the price is going up; if the land is improved as the Board is proposing, there will be people who cannot afford it; and then the condos will move in and take the land. He stated there is a loophole in the Comprehensive Plan for averaging which he is against; and he can see in the future this area being a docking area for people going to the St. Johns River. He stated there are safety problems all over the County; recommended three men on each fire truck; and commented on the loss of Brevard County firemen to Orange County. He stated he wants Canaveral Groves to be incorporated; Satellite Boulevard should be a main thoroughfare from SR 520 to the Canaveral Groves Extension on I-95; and commented on the evacuation route. He stated Canaveral Groves main thoroughfares should all be 35 or 45 m.p.h.; and recommended a committee of residents and staff be established to pursue the problems related to the future growth of Canaveral Groves.

Chairman Voltz stated it is a good idea for the residents to get involved.

Commissioner Scarborough stated Satellite Boulevard is the area in question; it is in Canaveral Groves but is accessed from SR 520; it is a large area with large lots; and it is very different from one area to the other. He stated Mr. Dopke gets approximately $6,000 a year; and compared that amount to 80% of median income. He stated the Canaveral Groves people are proud; some have left public assistance programs to have a higher form of dignity; and although they may not have the income of some other people, some of them have a desire to own their own property to do their own thing. He stated the Board was looking at something to work with rather than displacing people; if the people are removed because of Code violations, society will bear the brunt of finding them a place; and helping people becomes not only beneficial to the people but to the community at large. He stated the problem is health and safety; and Ms. Busacca has addressed something entirely new in the report. He stated while the Board said there would be no one else grandfathered in, there has been a continuation of that occurring; Ms. Busacca has proposed a Code Compliance officer be assigned to the area to enforce new development which is not in compliance; and if there are other violations such as dumping, that officer would be cognizant of them. He stated the concept is not to find violations for the purpose of causing an individual problems, but to find a methodology for making the housing safe and good for the families; and he hopes the results will be reasonable and good for society.

Commissioner Higgs stated the Board needs to look at basic problems that exist; she understands the problems people have being able to afford improvements that need to be made; however, as of October 30, 1997, fourteen existing structures or 15% of the existing permanent structures are in compliance after a period of three years. She stated the Board has been making efforts to bring people into compliance, and to have basic health and safety issues met; the Board is talking about septic systems, safe structures and potable water; and there are some real problems that have to be addressed because what has been done in the past has not worked to bring people to a standard of fundamental public health. She stated a larger problem has been perpetuated because people have been allowed to move out there. Commissioner Scarborough stated the Board's action was not to allow anyone else to move there; they have moved out there; but it has not been with Board consent. Commissioner Higgs stated what the County has done has not resulted in a large percentage being in compliance; more people are moving out there; and more people are out of compliance with the health policies of the County. Commissioner Higgs stated the Board has not adequately enforced the Code in Canaveral Groves; its current policy of allowing people to build on unmaintained roads is getting it into further difficulty; and the zoning criteria is causing additional problems. She stated the County has to continue its efforts to help people come into compliance, but must recognize that there are fundamental violations of health and safety that should be enforced. She stated the Board needs to say that it will set aside funds for enforcement; staff has been aggressive in trying to help people come into compliance; but there are people living in unsafe conditions. She stated the County has to take some action in regard to enforcement; it needs to revise its policy that allows people to build on unmaintained roads; it needs to have a bigger plan for development of the area, and how it can be financed; and the County has to consider compliance issues in regard to health and safety issues.

Chairman Voltz stated if the County polices the area, the people cannot afford to do what the County will tell them to do; that is what needs to be addressed; the people all know that they are in non-compliance; but the problem is they cannot afford to do what they need to do to come into compliance. She stated the Board needs to figure out how to help them come into compliance.

Commissioner Higgs stated the Board has spent three years going through this process of bringing people into compliance; but the area is still at a horrible compliance level in terms of basic health and safety issues. She stated the Board has not been able help bring people into compliance in the last three years; the roads are deteriorating; and this is not getting anywhere except in a further hole. She stated if all of the efforts have not been successful, it is time to say this is not going to work; maybe there are other alternatives for these people in terms of housing; but the County cannot turn its back on health and safety issues. Chairman Voltz stated the health and safety issues need to be addressed.

Commissioner Scarborough stated Item 6 talks about having someone in Canaveral Groves to see that people are not illegally moving in. Ms. Busacca stated Item 6 also talks about this person being available to assist people who have been grandfathered and have the right to come into compliance. Commissioner Scarborough stated it is one thing if a person does not obey the law because they refuse to, but it is another thing if a person cannot because they are physically, financially, or in some other way incapable of complying with the law; what society needs to do is help them to come into compliance; and it will be cheaper on society to help these people work out their problems than to move them off the site.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Item 6.

Chairman Voltz stated the issue is if people do not have the money, it does not matter how the County tries to push compliance. Commissioner Cook inquired why this cannot be handled with existing personnel. Commissioner Higgs stated it is a full-time job. County Manager Tom Jenkins inquired if that would also be to prohibit anyone else from moving out there; with Commissioner Scarborough advising that is the primary purpose. Chairman Voltz inquired if there is a defined area. Commissioner Scarborough stated it is the area off Satellite Boulevard.

Discussion ensued on defined area, and whether to include Section 8 north of the Beeline. The Board reached consensus to move forward Item 6 and staff come back with a defined area, responsibilities, etc.

Commissioner Cook inquired about funding Item 6 through CDBG. Commissioner Scarborough stated it says it could be funded through CDBG; the Board wants to proceed with this; and each Commissioner can see what they want. Commissioner Cook stated before the Board starts hiring additional people, he wants to see something more than a recommendation. Chairman Voltz stated it will come back to the Board.

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

Commissioner Scarborough requested Ms. Busacca comment on the 50-foot setback for the private lakes. Ms. Busacca stated many of the people who live there are digging private lakes so they have fill to bring their property up for their house pad; because the lots are not sufficiently wide, the 75-foot setback from each side prohibits the private lakes; so there are many private lakes which are not consistent with the Code. Chairman Voltz inquired if changing the setback to 50 feet would bring most into compliance; with Ms. Busacca responding she does not know if it would bring most of them into compliance, but it would give them a usable space of approximately 40 to 50 feet where they could be in compliance. Commissioner Scarborough stated the configuration of the lots cause some problems; and inquired about health problems because of proximity to septic tanks. Ms. Busacca stated the reason the 75-foot setback was put into the Ordinance was because there is a 75-foot setback from septic tanks to open water, and they did not want one person's private lake to impinge on their neighbor's ability to locate a septic tank; but for lots platted prior to 1972, the setback for septic tanks can be reduced to 50 feet. Commissioner Higgs stated reducing it to 50 feet is not going to deal with health and safety issues and there is no evidence that tells her it is a good thing for the health of the people who are there. She stated based on the principle of keeping treated effluent from encroaching on other people, allowing new development to fill in a less expensive way is not a good idea. Commissioner Cook stated some lots were platted prior to 1972; and the size and configuration of those lots make it almost impossible to use them with the 75-foot setback. Commissioner Higgs disagreed; and stated it just means they have to buy fill instead of digging a hole. Commissioner Cook stated the problem in this area is they cannot afford to buy fill; but he is willing to wait and get more information. Commissioner Higgs stated the Board is talking about two different people; it is talking about those who are there today who are having problems in being able to comply and future development; and future development needs to have a strong standard of health and safety. Commissioner Cook stated the Board should get the requested information before acting on this issue.

Commissioner Scarborough stated the Board needs to talk about the funding methodology; a lot of people would come into compliance if they had the financial ability to do it; and inquired about funding mechanisms. Ms. Busacca stated the area can be a CDBG target area; but the problem would be from groups of people in current CDBG target areas who have been waiting a long time for certain improvements, and money for their improvements would go to someone who moved to an area illegally; and that would be a difficult sell. She stated if the Board looks at HOME or SHIP monies, it will be necessary to think about some policies related to insurance which will have impacts greater than just West Canaveral Groves area. She stated another alternative would be to look at this in a widespread way as a kind of redevelopment; but that would ultimately displace the poorest of people out there because additional taxes will be required and the improvements will be costly. She stated the Board policy that accepted the roads for building permit purposes only exacerbates the problem because people are being put on substandard roads that emergency vehicles cannot get down. Commissioner Scarborough stated the roads would be a separate issue; and inquired if CDBG funds would be the financial means to help the people. Ms. Busacca responded technically that could be the means, but it would be difficult to divert funds to that area when people have moved there illegally without permits. She stated the people who live in West Canaveral Groves do not meet the standards for the current financing mechanisms that are available; most financing mechanisms cannot be used for mobile homes; and over 90% of the structures in the area are mobile homes.

County Manager Tom Jenkins inquired what is wrong with the Fannie Mae approach; with Commissioner Higgs stating someone has to pay it back. Ms. Busacca stated the Fannie Mae approach is a good one if the desire is to take the lots out there that are selling for $6,000 and make them $25,000, but some of the people will be displaced; and the gentleman who is making $500 a month will not be able to afford the taxes on a lot which has increased to the value of $25,000.

Commissioner Higgs stated there are two different problem; there are the people who are living in conditions that do not meet health and safety standards; and then there is the separate problem of the perpetuation of that and where it will go. She stated using the available CDBG, HOME or SHIP funds to assist people who are currently there is appropriate, and she has no problem with it; however, she does have a problem with using large amounts of CDBG funds to lay down the roads and infrastructure which would encourage new development. She stated there are other mechanisms to do the infrastructure; the MSBU concept or some other plan that uses the Fannie Mae money for development to meet standards can be used, but the people will have to pay additional costs. She stated it is necessary to look to existing resources in housing to help the people who are there. Commissioner Scarborough stated anything would need to be referred to the CDBG Advisory Board; they work long-term on arrangements for money; and it will be tremendously disruptive to have a new project come in and divert funds. He stated the Board's intent has never been to use money to open the area up for development; that in itself would be the displacement tool; and when numbers were run on MSBU's and MSTU's and presented to the people, they could not afford it. He stated the residents may have more property value, but they would not have the cash flow to pay for the increased property value.

Commissioner Higgs stated there are a number of organizations that work with individuals to help them have a decent standard of living such as Habitat for Humanity; the Board cannot have a policy that it is not going to fund health and safety rules; and as it moves to bring all the people into health and safety compliance, it will find partners in a number of local agencies.

Mr. Dopke commented on houses encroaching on wildlife habitats, including scrub jay habitat, and the needs of the people of the area.

Commissioner Higgs stated there may be lands out there that are inappropriate for development; the County has to have standards and assist people to comply with those standards; and it is necessary to put a stop to building which the County has allowed on unmaintained roads. Chairman Voltz stated the Board's approval of Item 6 should help address that issue. Commissioner Higgs suggested amending the Canaveral Groves Ordinance which allows building permits on unmaintained County roads. Commissioner Cook noted that is the only area where it is allowed.

Commissioner Scarborough stated the Board needs to talk about roads separately. He stated the Board is talking about not allowing anyone else to go out there contrary to Code; but people would come to the area if there was a financial mechanism to make them comply. He stated the options are to ignore the situation, drive the people out, or find a financial means to help them comply; the Board wants to find a financial mechanism to help them; and that needs to move forward. Ms. Busacca advised Habitat for Humanity does not want to encourage people to go out to that area and live on roads that are not County maintained.

Commissioner Cook stated CDBG would be all right, but he does not know about making it a target area; that would deplete funds for areas where people have moved in legally; and there would be some concern about that. He stated Mr. Gregory brought up something about an MSTU; and he would like to get more information on that. Commissioner Scarborough stated when the numbers were run, people could not afford it; it is just another way of throwing them off their land; and the money issues can throw them off the land just as much as the Code issues. He commented on the affordable housing bonds issue the Board heard earlier.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to direct staff to amend the Canaveral Groves Ordinance in regard to allowing building permits on unpaved roads, and bring it back to public hearing. Motion carried and ordered unanimously.

Commissioner Scarborough inquired about the money issue. Chairman Voltz suggested staff come back with ideas on how CDBG, SHIP, HOME, etc. money can be used to help this area. Commissioner Higgs stated she does not want to discard the MSBU issue because the Board has to look at ways to allow the area to come into conformance with standards. Commissioner Scarborough stated by going that route, the Board is denying them continued utilization of the property because the people do not have funds to come into compliance. Chairman Voltz noted if they had the funds, they would not be out there illegally in the first place. Commissioner Scarborough stated some of the people in the area have left subsidized housing projects because they were a bad environment, and they found a good environment on their own; and just because they do not have much money does not mean they are not concerned with having a degree of dignity. He inquired if the Board is willing to give subsidized housing, why can it not have something to work in this area. Chairman Voltz stated she agrees.

Commissioner Higgs stated she is not trying to keep someone from living in the area; on page 1 of the report it says, "due to the potential contamination of surface and ground waters and the threat of public health, it is necessary to bring on site sewage treatment systems and disposal systems into compliance with all appropriate Statutes and Codes"; and it would be advisable to find mechanisms to bring them into compliance, because otherwise there will be a significant health issue, which will not be a pretty thing for the Board to deal with. She stated if the Board does not take strong action, it will have people who in a couple of years will want all the services; there are people out there now who are building to Code and expect certain services; and the issue will have to be confronted. She stated the Board will have to stop people from going out there, bring people into compliance, and find mechanisms to assist the people.

Commissioner Scarborough stated the Board cannot condone things that are going to be bad for health and safety, but the question is how to solve the issue; and the best thing for everyone is to solve the issue by bringing them into compliance, with the County helping to find the financial resources. He stated the Board has talked about this for three years, but has never set up a program where the people can be helped to come into compliance.

Commissioner Cook stated he would like information from staff on the impacts of using some of the other funds, including MSBU, Fannie Mae, Farm Home Loans, and other federal programs.

Mr. Jenkins stated some of the problems that need to be fixed are on private property; some may be on public property; and it will take a combination of funding sources. He suggested staff explore each option to see what it involves; and stated some may be appropriate for private property while others are appropriate for public properties.

Commissioner Higgs requested staff also look at whether there are areas of Satellite Boulevard that may be appropriate for different mechanisms, such as CDD potential to develop that area. She stated it should not be treated as one homogeneous area; there are different areas that may take different solutions; and it is necessary to look at dividing it up. Commissioner Scarborough stated if the County goes out with an MSBU or MSTU type arrangement to do a road project, the question will be how many lots will be affected and taxed; numbers have been run a variety of ways; he looked at it with a great deal of hope; however, it is not a viable option. He noted Mr. Minneboo did a report, and the numbers are available.

Commissioner Higgs suggested contemplating some redevelopment area to pay for the infrastructure; and requested staff explore the option. She stated platted lands in other places have been revitalized by the purchase or a bidding by an individual developer in conjunction with a government entity to redevelop areas. She stated the zoning classification used in West Canaveral Groves is causing additional problems; and suggested going back to a more traditional zoning classification. Chairman Voltz agreed she does not like ARR zoning because it allows things that should not be going on.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to put the issue of the ARR zoning on the Board's agenda for possible amendment to the classification. Motion did not carry; Commissioners Higgs and Voltz voted aye; Commissioners Scarborough and Cook voted nay.

Commissioner Scarborough stated there are problems the Board wants to solve; and what it is going to end up with is the Sheriff's Department running people off the land, or there will be so much cost, it will displace people. He stated the Board needs to be careful about whether it wants to displace people; if the Board wants to be pure, it will displace people; but if it wants to solve the problems, it will end up with something that will take longer, but it will be able to live with it.

Commissioner Higgs stated the change in the ARR has caused greater problems; it is not going to affect anyone who is out there today; those who can be in compliance have done so; that is not going to change that; and suggested not going any farther on the ARR because it is only causing greater problems.

Commissioner Scarborough inquired if there is anyone who needs ARR zoning who does not have it; with Ms. Busacca responding she does not know. Ms. Busacca stated everyone who has come in who could afford to ask for the rezoning has done so; and the County administratively rezoned every existing permanent structure to ARR. Commissioner Scarborough requested staff check and see if there are others who would want the ARR zoning.

Commissioner Cook stated the Board can explore all the opportunities, but there may not be a magic answer; government does not have all the answers; but there may be partial answers that can help to vitalize the area without displacing people.

Commissioner Scarborough stated the Board does not want to perpetuate a problem or make it worse; but it needs to understand that its actions so far have been setting rules in hopes the people could comply; those rules do take financial commitment; and some people have a lack of resources. He stated his concern is a methodology to bring people into compliance with basic health and safety standards and move forward.

Commissioner Higgs stated she is not in disagreement, but it is necessary to close the door before it gets even worse, and do something different to address the problems. Chairman Voltz suggested bringing the issue back after staff provides the requested information.

Commissioner Scarborough stated if it does not adversely affect anyone, he is in favor of taking action, but if there is someone who will be affected, the Board needs to know that. Commissioner Higgs stated there will always be someone affected, but if the Board can give a period of time to notice people.

Chairman Voltz stated it will have to come back again; and inquired how soon staff can provide the information. Mr. Jenkins stated it will come back as soon as it can.

Commissioner Scarborough stated staff can move faster with Item 6 than with all the other plans.

DISCUSSION, RE: ACCOUNTS PAYABLE PAYMENTS

Chairman Voltz stated the Clerk of Courts requested a time certain, and she was unable to give him one as she had already given three time certains; and it will be coming back to the next meeting.

DISCUSSION, RE: BREVARD COUNTY V. FARM & GROVE REALTY

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve advertising an executive session to be held after the Board meeting on April 14, 1998 to discuss attorney-client privileged matters concerning Brevard County v. Farm & Grove Realty Company. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - RYAN STOUT, RE: MOSQUITO CONTROL

Chairman Voltz called for the personal appearance of Ryan Stout concerning his complaint about mosquitos, but Mr. Stout was not present.

WARRANT LIST

Upon motion and vote, the meeting adjourned at 1:53 p.m.

HELEN VOLTZ, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

ATTEST:
SANDY CRAWFORD, CLERK
(SEAL)