February 20, 2001

The Board of County Commissioners of Brevard County, Florida, met in regular session on February 20, 2001, at 5:32 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Sue Carlson, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs, and Jackie Colon, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Jackie Colon.

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

APPROVAL OF MINUTES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve the Minutes of January 9, 2001 Regular Meeting, January 11, 2001 Special Meeting, and January 17, 2001 Special Meeting. Motion carried and ordered unanimously.

REPORT, RE: CHANGES TO AGENDA ITEMS

County Manager Tom Jenkins requested Item IV.C. be tabled until March 20, 2001; and Item III.B.3. be amended to 120 days instead of 30 days, as requested by the State.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to continue the public hearing on a Request for Amendment to Vested Site Plan for Sea Dunes Resort/Loggerhead's Restaurant until March 20, 2001. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to execute Option Agreement for Sale and Purchase with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, regarding the purchase of the MEP America, LLC property, amended to change 30 days to 120 days for expiration of the option. Motion carried and ordered unanimously.

REPORT FROM DR. SAMUEL DURRANCE, RE: SERPL

Commissioner Scarborough advised Dr. Samuel Durrance is an exceptional person who has seen things from many disciplines; he was an astronaut, and has seen how processing and research need to come closer together; and he is a part of the new SERPL project, and is here to tell the Board more about it.

Dr. Sam Durrance advised of his family, education, and rewarding career; and stated there are exciting initiatives taking place in Brevard County, primarily a new federal and State partnership with the new Space Experiment Research and Processing Laboratory (SERPL). He stated the State is funding the construction, and NASA is funding the design and outfitting of the building; it is going to have the life-science payload for the Space Station; and the research associated with making those payloads ready and to operate them when they are in orbit will be conducted in the building. He stated the State created the Florida Space Research Institute; and the slide gives an overview of what the Institute is chartered to do. Dr. Durrance advised the Space industry in Florida has centered around launch; it is the premiere launch facility in the world; however, the launch business is getting very competitive, and there are commercial launch facilities taking business away from Kennedy Space Center; so they are trying to diversify the Space industry in Florida, which is one of the charters for the Institute. He stated a key part of that is to develop a connection of research with the universities at the Space Center; and that is the genesis of the Florida Space Research Institute and the new concept SERPL.

Commissioner O'Brien inquired about the universities participating in the research part of SERPL; with Dr. Durrance responding 20% of the resources of the building will have academic programs from universities in Florida led by the University of Florida; most of the research will involve plant science, microbial science, and microbiology because the experiments that will be processed through there will be primarily life-science experiments to be operated in Space; so they will have a contingent of about 25 academic researchers residing in the building. Commissioner O'Brien requested examples of some of the research that will be done; with Dr. Durrance responding they are trying to develop techniques for bio-regenerative life support systems in orbit and using biological systems to manage the environment on the Space Station or on Mars, such as plants to make air, handle waste, and plants to eat. He stated they cannot make one small enough for the Space Shuttle yet, but they are studying that; and some of the research is understanding how nutrient uptake occurs on plants in a zero gravity environment. Dr. Durrance advised another initiative is the advanced learning environment; they are trying to convert learning into the new learning environment enabled by the Internet, modem software, and large computing power; and they have a partnership with Brevard Community College, which is developing an aerospace technician certification program with an AS degree. He stated they are taking part of the curriculum developed and moving it into the advanced learning environment; and explained how it would work. He noted they have a partnership with NASA for space engineering education and are trying to develop the interactive learning environment for the aerospace industry. He noted they are leading that effort at the Florida Space Research Institute in Brevard County; so there are exciting things going on in Space research and education right here.

Commissioner Scarborough expressed appreciation for the new relationship with NASA and Kennedy Space Center, and working closely together with them.

REPORT, RE: SMOKE IN COCOA BEACH AND MERRITT ISLAND

Commissioner O'Brien advised they have experienced a lot of smoke over the weekend in Cocoa Beach and Merritt Island; they could not see Merritt Island from Cocoa Beach because of the smoke; and Chief Bill Farmer and his crews did a great job on the large fires in Brevard County. He suggested Chief Farmer make a report to the Board at the next meeting so it will know where it is regarding the drought conditions and what appropriate action the Board needs to take. Chairman Carlson noted 700 trips the drought index scale; but the Board should get a report from Chief Farmer.

REPORT, RE: TRIP TO TALLAHASSEE

Chairman Carlson advised of her trip to Tallahassee as the acting Chairperson for the Finance and Administration Policy Group of the Florida Association of Counties, and meetings with committee chairs and legislators on key issues such as juvenile justice, growth management, election reform, etc.; and advised she provided position papers of the Association to each Commissioner. She stated she took Legislative Coordinator Carol Laymance to most of the meetings; Ms. Laymance will be in Tallahassee for the entire legislative session; it is going to be an interesting session; and it will be helpful to have her there on the Board's behalf.

REPORT, RE: MEETING WITH CITY MANAGERS

Chairman Carlson advised she spoke at a luncheon with a group of city managers who requested having a meeting with the Board; they talked about a lot of different issues; and she informed them on what the County is doing on different subjects. She stated they wanted to talk about the reaction the Board had to the City of Cocoa's Comprehensive Plan amendment; and that spurred conversation on annexations, enclaves, and the competitive nature of the County versus the city. She noted they also talked about mutual agreements and zoning issues; and inquired if the Board wants to have a workshop with the city managers.

Commissioner Scarborough advised he met with the City Manager of Titusville and the City Manager of Melbourne has come to meet with him on some of their issues; and he would prefer meeting individually with each city manager about their individual concerns. He stated there are different philosophies among the cities in how they operate; and there is no single document that can answer everyone's concerns.

County Manager Tom Jenkins agreed with the individual approach; and advised staff will work with each Commissioner on the cities in their Districts.

Chairman Carlson recommended asking the group to itemize specific issues and bring them forward, as there may be potential to discuss some of them.

Commissioner Colon advised she will be meeting with each city manager at the same time in District 5; they are going to meet quarterly to share ideas; and the more they are able to communicate can only be positive.

REPORT, RE: MEETING WITH JOSEPH DUDA ON AGRICULTURAL ISSUES

Chairman Carlson advised she met with Joseph Duda of A. Duda & Sons to discuss agricultural issues, and brought him up to date on what the Board is doing with quality growth initiatives; and she gave him the document on conservation easements and a copy of the proposed open space ordinance. She stated they discussed some of the ways larger landowners may feel about conservation easements, etc.; it was very productive; Mr. Duda had a lot of good insights; and she will share those with the Board when it gets into looking at conservation easements, urban boundaries, etc.

AGREEMENT WITH PROSECUTION ALTERNATIVE FOR YOUTH, RE: COMMUNITY
WORK PROGRAM FOR CHILDREN

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Agreement with Prosecution Alternative for Youth, authorizing the County to participate with the State Attorney in a Youth Community Work Program for children; and authorize the County Manager to execute necessary agreements, contingent upon approval by the County Attorney and Risk Management. Motion carried and ordered unanimously.

ACCEPTANCES OF ASSIGNMENTS OF AGREEMENT FOR SALE AND PURCHASE
AND OPTION AND RIGHT OF FIRST REFUSAL AGREEMENT, RE: INLET GROVE
PARTNERSHIP PROPERTY

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize the Chairman to execute Acceptance of Assignment of Agreement for Sale and Purchase between the Inlet Grove Partnership and The Nature Conservancy, and Acceptance of Assignment of the Option and Right of First Refusal Agreement between Florida Power & Light and Inlet Grove Partnership, for the purchase of Inlet Grove Partnership property in the South Beaches; authorize Parks and Recreation staff to obtain surveys, environmental audits, and title insurance, and to accept title exceptions where park improvements are not impacted, exercise options, obtain Chairman's signature on required documents, and proceed with closings. Motion carried and ordered unanimously.

OPTION AGREEMENT FOR SALE AND PURCHASE WITH BOARD OF TRUSTEES OF
THE INTERNAL IMPROVEMENT TRUST FUND, RE: VALKARIA PROPERTIES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Option Agreement with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida to transfer ownership of properties within the Valkaria area of the Brevard Coastal Scrub Ecosystem Mega/Multiparcel CARL Project from the County to the State for reimbursement to the EEL Program of $978,805. Motion carried and ordered unanimously.

ASSIGNMENT OF OPTION TO PURCHASE, RE: AMISTAD ANSTALT PROPERTY

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to execute Acceptance of Assignment of Option to Purchase Agreement between Amistad Anstalt and The Nature Conservancy for acquisition of the Amistad Anstalt property for the CARL Project; and authorize exercising the Option on or before March 15, 2001. Motion carried and ordered unanimously.

AMENDMENT TO TASK ORDER #6 WITH THE NATURE CONSERVANCY, RE: LAND
ACQUISITION ASSISTANT FOR CARL PROJECTS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize the County Manager to execute Amendment #1 to Task Order #6 with The Nature Conservancy to provide an additional Land Acquisition Assistant, funded by the EEL's Program at not to exceed $38,000 a year, to assist in acquiring lands within the Brevard Coastal Scrub Ecosystem CARL Project, and extending termination date to April 30, 2003. Motion carried and ordered unanimously.

APPROVAL, RE: NAMING BASKETBALL COURTS AT RODES PARK AFTER
HARVEY HUGGINS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve official naming of basketball courts at Max K. Rodes Park in West Melbourne after Harvey Huggins. Motion carried and ordered unanimously.

PERMISSION TO OBTAIN APPRAISALS, SURVEYS, AUDITS, INSURANCE, ACCEPT
EXCEPTIONS, AND EXECUTE CONTRACT, RE: DOBB'S PROPERTY

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize the Parks and Recreation staff to obtain appraisals, surveys, environmental audits, and title insurance; accept title exceptions where park improvements are not impacted; authorize the Chairman to execute negotiated Contract and amendments; and authorize staff to proceed with land closing on the Dobb's property for the North Area Chain-of-Lakes Recreation Complex Land Acquisition Referendum Project. Motion carried and ordered unanimously.

APPROVAL, RE: TEMPORARY LOAN TO PURCHASE HOLLOWAY PROPERTY

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve temporary loan of not to exceed $760,000 from the General Fund to the North Brevard Recreation Special District to purchase 90 acres of the Holloway property prior to receipt of the commercial paper draw proceeds, with the loan to be repaid with interest. Motion carried and ordered unanimously.

APPROVAL OF BUDGET AND POSITIONS, RE: SOUTH SHELTER NEUTERING CLINIC

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize budget supplement for Animal Services and Enforcement staff veterinarian and veterinary technician and for construction and initial operation of the veterinary clinic at the South Animal Shelter, at $94,500, including revenues from adoptions of animals estimated at $60,000. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT OF LETTER FROM U.S. BOARD ON GEOGRAPHIC
NAMES, RE: OFFICIALLY NAMING THE INDIAN RIVER LAGOON

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to acknowledge receipt of a letter from the U.S. Board on Geographic Names, officially naming the Indian River Lagoon. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: HOUSEHOLD
HAZARDOUS WASTE COLLECTION AND DISPOSAL SERVICES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant permission to bid Household Hazardous Waste Collection and Disposal Services, award bid to lowest qualified bidder, authorize the Chairman to execute the Contract for the services, and designate Solid Waste Management Director as the County's agent to renew the Contract. Motion carried and ordered unanimously.

RESOLUTION AND LOAN AGREEMENT WITH FLORIDA LOCAL GOVERNMENT
FINANCE COMMISSION, RE: CAPITAL IMPROVEMENTS WITHIN MERRITT
ISLAND RECREATION MSTU

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution and execute Loan Agreement with Florida Local Government Finance Commission, authorizing draws not to exceed $6,000,000 from the Tax Exempt Commercial Paper Program for temporary funding of Merritt Island Recreation Municipal Service Taxing Unit (MSTU) projects; authorize the Chairman to execute all documents necessary to close the initial draw of $1,800,000; and authorize the County Manager to make necessary budget changes to implement the action. Motion carried and ordered unanimously.

RESOLUTION AND LOAN AGREEMENT WITH FLORIDA LOCAL GOVERNMENT
FINANCE COMMISSION, RE: CAPITAL IMPROVEMENTS WITHIN NORTH
BREVARD RECREATION SPECIAL DISTRICT

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution and execute Loan Agreement with Florida Local Government Finance Commission authorizing draws not to exceed $6,000,000 from the Tax Exempt Commercial Paper Program, for temporary funding of North Brevard Recreation Special District projects; authorize the Chairman to execute all documents necessary to close an initial draw of $2,050,000; and authorize the County Manager to make necessary budget changes to implement the action. Motion carried and ordered unanimously.

RESOLUTION AND LOAN AGREEMENT WITH FLORIDA LOCAL GOVERNMENT
FINANCE COMMISSION, RE: CAPITAL IMPROVEMENTS WITHIN SOUTH
BREVARD RECREATION SPECIAL DISTRICT

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution and execute Loan Agreement with Florida Local Government Finance Commission, authorizing draws not to exceed $18,000,000 from the Tax Exempt Commercial Paper Program, for temporary funding of South Brevard Recreation Special District projects; authorize the Chairman to execute all documents necessary to close an initial draw of $4,800,000; and authorize the County Manager to make necessary budget changes to implement the action. Motion carried and ordered unanimously.

RESOLUTION, RE: AMENDING BOARD OPERATING PROCEDURES

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to adopt Resolution amending Board Operating Procedures, as amended on December 5, 2000, to provide that the Board will not take action on items discussed under Public Comments unless it is an emergency. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING
ORDINANCE NO. 97-01 DESIGNATING COUNTY MANAGER AS HEARING
OFFICER FOR APPEAL OF FALSE ALARMS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to appoint the County Manager or his designee as hearing officer for two appeals of false alarm fines; and grant permission to advertise a public hearing to consider an ordinance amending Ordinance No. 97-01, to assign the County Manager as the designated hearing officer for appeal of false alarms. Motion carried and ordered unanimously.

PERMISSION TO APPLY FOR FCC LICENSES, RE: OPERATION OF LOW POWER
FM PUBLIC SAFETY RADIO STATIONS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to authorize staff to file applications with the Federal Communications Commission (FCC) for licenses to operate low power FM public safety radio stations. Motion carried and ordered unanimously.

APPROVAL, RE: EXECUTIVE SESSION FOR ROBERT L. LYTTLE v. BREVARD COUNTY

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to grant permission to advertise and schedule an executive session on March 6, 2001, after the regularly scheduled meeting, to discuss strategy relating to litigation of Robert L. Lyttle v. Brevard County. Motion carried and ordered unanimously.

CONFIRMATION OF APPOINTMENT, RE: PORT ST. JOHN DEPENDENT SPECIAL
DISTRICT ADVISORY BOARD

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to confirm the appointment of Maureen Rupe to fill the vacant seat on the Port St. John Dependent Special District Advisory Board until the general election in 2002. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to appoint George Wilson to the Beach Erosion Control Advisory Committee, replacing Mel Rabinowitz, with term expiring December 31, 2001; reappoint Pat Freeman to the Library Board, with term expiring December 31, 2001; reappoint Dr. Roddy Kring to the Merritt Island Redevelopment Agency, with term expiring February 24, 2005; and reappoint J. T. Shealy to the Mims/Scottsmoor Public Library Advisory Board, with term expiring December 31, 2001. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

RESOLUTION, RE: RECOGNIZING TITUSVILLE HIGH SCHOOL BAND

Commissioner Scarborough read aloud a resolution recognizing the Titusville High School Band for its achievements.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution recognizing the Titusville High School Band as they prepare to travel to Washington, D.C. to participate in the 225th commemoration of the signing of the Declaration of Independence. Motion carried and ordered unanimously.

Commissioner Scarborough presented the Resolution with copies for each band member to a representative of the band, who thanked the Board for the recognition, and noted they are looking forward to representing Brevard County and Florida in Washington, D.C.

PUBLIC HEARING, RE: PLANNING AND ZONING RECOMMENDATION ON ITEM 5,
GLEASON BROTHERS & COMPANY

Chairman Carlson called for the public hearing to consider the recommendation of the Planning and Zoning (P&Z) Board, made at its public hearing on September 11, 2000, which was tabled by the Board of County Commissioners on September 21, 2000, December 7, 2000, and February 1, 2001, as follows:

Item 5. (Z0009503) Gleason Brothers & Company's request for change from AU to RU-1-13 on 23.965± acres located on the south side of Aurora Road, west of Easy Street, which was recommended for denial by the P&Z Board.

Peter Flotz, representing Krocker Land Development, advised they have worked out an agreement with the residents which substantially decreases the density to 30 lots in SR zoning, and provides for buffer areas. He stated the residents requested that areas where lots do not front the road, they obtain a variance from the Board not to have sidewalks so the buffers can be wider; and a binding development agreement has been provided to the Board.

Susan Arnold, representing 300 plus people who signed the petition requesting SR zoning, thanked the Board for the time and consideration given to the issue; stated they appreciate the opportunity to voice their concerns and have those concerns heard in a fair and impartial manner; and thanked Commissioner Colon for her efforts in bringing the two sides together. She stated they are happy that their request has been agreed to by the developer.

Commissioner Colon thanked the developer who showed true cooperation; and stated the citizens are happy about what will go in there.

Motion by Commissioner Colon, to approve Item 5 as SR with no sidewalks where lots do not front a road.

Land Development Engineer Bruce Moia advised the County Code gives staff the flexibility to allow sidewalks on one side of the roadway if the developer proposes alternate means of pedestrian access to improve the flow of pedestrians in the area so they do not have to use the roadways. Commissioner Higgs inquired if the sidewalks are interior or exterior to the development; with Mr. Moia responding the normal standards are sidewalks on both sides of any road constructed as part of a development; if they have other features on the site such as wetlands and want to preserve them, and they can show pedestrian walkways, jogging paths, or something that would not have pedestrians traveling on the road to get to their neighbor's house, staff can consider that when they submit their engineering plans.

Mr. Flotz advised it is interior to the project; and explained the preliminary plan depicting the buffer areas where no sidewalks were requested. He stated they will put in a handicap ramp so handicapped persons and bicyclists can cross the street and come to the sidewalk along the houses; and anywhere there is a house, they would have a continuous sidewalk, but not in the buffer areas. Commissioner Higgs stated if staff can approve the variance, the Board does not have to take action on that. Chairman Carlson stated they made it part of the agreement; and inquired if there is a reason to do that; with Mr. Moia responding no. Mr. Moia inquired if the developer proposes to put five-foot sidewalks on one side of the road; with Mr. Flotz responding they propose to meet the County requirements. Mr. Moia stated staff would probably want to increase the width to eight feet if it is only on one side of the road so it will support bicycles and pedestrians. Mr. Flotz stated he cannot imagine needing an eight-foot sidewalk for a 30-lot subdivision; the effort is to preserve green space; and if they double the size of the sidewalk, they have done nothing but move the green space. Commissioner Colon stated she does not want eight-foot sidewalks.

County Manager Tom Jenkins inquired what the agreement says about sidewalks; with Mr. Flotz responding it says where there are single-load roads, on the side that have no houses, they would put no sidewalks. Mr. Jenkins inquired if it states they will meet County standards; with Mr. Flotz responding he believes it does. Mr. Jenkins noted staff will work through that issue.

Motion by Commissioner Colon, seconded by Commissioner Higgs, to approve Item 5 as SR, with a binding development plan, and staff, the developer, and Commissioner Colon working out the sidewalk issue in accordance with County standards. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE CREATING INCENTIVES FOR PRESERVATION
OF OPEN SPACE IN SINGLE-FAMILY DEVELOPMENTS

Chairman Carlson called for the public hearing to consider an ordinance creating incentives for preservation of open space in single-family developments; and noted this is the first reading.

Planning and Zoning Director Mel Scott advised on March 14, 2000, the Board directed staff to prepare an ordinance that would create incentives for preserving open space and greenways in single-family residential zoning classifications; and currently open space is not required in those classifications. He stated someone wishing to use the ordinance would be required to deliver 35% of open space with 50% being uplands; and the developer may be able to benefit up to 25% density increase. He noted to give a developer the density increase, staff would need lot size flexibility; the ordinance has safeguards to protect neighboring communities and mirroring provisions to insure lots on the perimeter would mirror the size of lots on the periphery. He stated the ordinance also has language to take advantage of open space linkage, and contains general maintenance requirements.

Mary Sphar stated the ordinance was advertised as being at the libraries, but it was not at the Central Brevard Library on Saturday, so that situation needs to be corrected in the future. She advised the goals of the ordinance are commendable, but because of the importance of the County initiatives, the Board needs ensure the ordinance will accomplish its goals. She stated her concerns are wetlands, stormwater facilities, and recreational opportunities; there is a 50% maximum percentage credit for preserving wetlands and floodplains, but no minimum standards; and if a developer is rewarded with 25% increase in density, the Board needs to ensure he is doing the right thing regarding wetlands. She stated the new Wetlands Comprehensive Plan language says, "Subdivided lot shall contain enough uplands for the intended use and for buffer to preserve wetland functions"; however, it does not force the developer to stay out of the wetlands; and he can impact the wetlands at a ratio of one unit per five acres. She stated the developer should be required to preserve the wetlands and not get credit for it; however, he should get credit for buffers of native vegetation surrounding wetlands; and the County should establish the buffer depth appropriate for credit. She stated no credit should be given for artificial stormwater management facilities in paragraph B.4.; they are not the type of high-quality open space the County should be encouraging by incentives; and she questions giving credit for land within the right-of-way for underground pipelines. Ms. Sphar stated paragraph B.3. has a minimum and maximum requirement for active recreation areas with supporting infrastructure, but there is no definition of it; and inquired if it includes impervious surfaces such as tennis courts and outside swimming pools. She stated paragraph C.3.c. refers to green space which would imply that golf courses are acceptable as credit; and that is not a good idea because of irrigation requirements, fertilizers, and pesticides. She recommended the Board only give credit for selected active recreational uses, and consider passive recreational uses which are not mentioned in the ordinance. She stated she supports the concept of open space subdivisions, but the County needs to carefully consider wetlands, stormwater, and recreational issues and revise the ordinance or it will not accomplish its goals.

Kim Zarillo thanked the Board for considering the ordinance, which may only need rewording in some areas. She stated page 2 encourages open space and public access, but the credit would be provided for private use as well; and the next page should give credit for active recreation if public use is allowed. She stated it is not clear whether public use is always allowed if they receive incentives; and encouraged the Board to require public accessibility for active recreational uses. She stated there is a laundry list of community types on page 4 and other places; the communities include upland forest, flatwoods, hammocks, etc., but it needs to be revised to include scrub, not only oak scrub, but sand pine scrub as well, as upland forests do not necessarily include them. She stated they could use a reference such as Florida Natural Areas Inventories and the communities that would qualify in there, or reference those that would be considered part of the natural area to be preserved. Ms. Zarillo stated page 5 says, "designing property so it contains preservation of mature trees or significant wildlife habitat"; but that may or may not include scrub. She stated the Board may also want to reconsider maintenance and management of the open space, as the onus may fall on the County or homeowners association which is problematic because it says, "failure to adequately maintain undivided open space constitutes a violation"; and once the development is completed, it is difficult to enforce because the density cannot be taken away. She stated homeowners associations do not always have resources to provide maintenance; so the maintenance standards and how that will be done and enforced needs to be strengthened; incentives should require that it will be formally accepted by an entity that can properly manage it, or that there will be funds to properly manage it; and it should not be left it to the homeowners associations, which are often under funded.

Commissioner Scarborough inquired since this is the first reading, can the comments of Ms. Sphar and Ms. Zarillo be included in the ordinance to make it better; with County Attorney Scott Knox responding the advertisement sets forth the title of the ordinance which is pretty board, so he does not see a problem with the revisions discussed tonight being included if that is what the Board wants to do. Chairman Carlson recommended Ms. Sphar and Ms. Zarillo put their comments in writing and meet with staff to iron out those things.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to include the comments of Mary Sphar and Kim Zarillo in the proposed ordinance for preservation of open space in single-family developments.

Commissioner O'Brien presented various scenarios of different acreage indicating units could be built on lots of less than desirable sizes and 45-foot frontage. Mr. Scott advised 50-foot frontage is mandated on page 7; if the numbers do not enable a developer to maximize the 25%, he could consider 10 or 15% density bonus; it is site specific; and the intent is to have smaller lots in the interior of the project. He stated if a parcel is wet; the ordinance may not work for that development; and replied to the various scenarios presented by Commissioner O'Brien. Commissioner Scarborough recommended staff also include the thoughts of Commissioners in the proposed ordinance. Chairman Carlson suggested staff put together applications of the ordinance when they brief Commissioners.

County Manager Tom Jenkins advised the two reasons that drove the proposed ordinance are concern about cookie-cutter subdivisions and the County's and MPO's commitment to trails and greenways; the concept was to preserve greenways and areas for trails as part of the process; currently a developer does not have to do any of those things; and the ordinance was structured to create an option a developer can consider by providing incentives. He stated staff needs the flexibility to consider the comments and suggestions, as there may be pros and cons on the issues; and they will work with the speakers and return with a report on the outcome of that discussion for the second hearing on the points and counterpoints. Mr. Jenkins stated he does not think the original intent was to create tennis courts, but rather greenways and natural areas.

Commissioner Colon advised the ordinance is not intended to replace the Subdivision Ordinance or Land Development Regulations; it is optional and voluntary for use by developers who are interested; it does not push anything, but gives incentives; and the more incentives it gives, the more everyone will benefit, so it can be a win/win situation.

Chairman Carlson advised the County is trying to maximize quality growth instead of allowing growth to occur willy-nilly, and minimize impacts to natural communities. Commissioner O'Brien stated he is concerned that 1% active recreation is not sufficient; and it should be at least 4%. Chairman Carlson stated if there is opportunity to connect to a greenway trail, that should be incorporated in the language.

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

PERSONAL APPEARANCE - FRANK HUNTER, RE: OWNERSHIP OF CANALS,
UNLAWFUL DISCHARGE OF FIREARMS, UNLAWFUL TAKING OF RIGHTS,
AND HARASSMENT AND DISCRIMINATION

Chairman Carlson advised she met with Mr. Hunter on numerous occasions and also involved the Sheriff's Office on some of his issues; she also met with concerned residents in Lake Washington Acres; and she is not sure if there is a specific issue the Board has to deal with, or if it is in the purview of the Board, but she suggested to Mr. Hunter that he could have a personal appearance to discuss it with the Board.

Frank Hunter advised he is totally disabled with 70 to 100% mobility impairment; this is the 25th year of conspiracy against him over property he bought from a good ole boys land scam and refused to give back; and he has been slandered with fraud and criminal arrest records, and discriminated against kept up today by the hate group in Lake Washington Acres who want to force him and others from their homes and properties because they do not like them. He stated they use drunk and reckless speeding airboats in and out of the private canals at all hours of the day and night, shoot guns in, around, and into homes in the subdivision; and they slander him to make him a bad person. He stated he gave pictures to Chairman Carlson showing that he was the first person to buy, build, and live in that subdivision; Sam Long bought his property later and built in the subdivision then began harassing him by blocking him in his home for three days with debris from his land, until he forced Mr. Long to remove the debris; and he hand cut Evinrude Road on the right-of-way, which the pictures will show. Mr. Hunter advised he received a call from the County Manager's Office advising him he would have ten minutes to speak; Chairman Carlson asked him to put together the laws that give him and other homeowners the rights of ownership to private canals on their properties; and there are many federal, State and County laws and legal documents, including his deed and survey, that give him the right to ownership of the private canals. He stated he asked for special permission to have the hearing on television so he can prove the facts to the homeowners of Lake Washington Acres with the laws and legal documents, and peaceably resolve the problems the hate group has been causing to turn neighbor against neighbor. He stated drunk and reckless speeding of airboats in no wake zones are used by the hate group to harass some of the homeowners they do not like; and the gun shooting in, around, and into the subdivision endangers the lives of homeowners and other people who come into the recreational area. He noted some people were shot at and some automobiles were hit by flying bullets; and all the shootings were blamed on him. Mr. Hunter advised he video taped speeding airboats at all hours of the day and night; at 1:00 a.m. they were loading and unloading airboats on Evinrude Road and dry running them up and down the road and in the canals to harass homeowners; and Chairman Carlson has been called many times during the day and late at night at her home to let her hear the airboat noises and the gun shootings within 250 feet of the homes. He stated the Sheriff, Palm Bay Police, Melbourne Police, and firemen are involved in those unlawful acts with the hate group; and he has proof that the Sheriff's Department supports the hate group and Code Enforcement and other County agencies are used to harass homeowners who are not liked by the hate group. He stated the hate group is using private canals and right-of-way to steal and vandalize private property since there is no protection from the Sheriff's Department; and he had to take legal action to prevent some of the harassment. Mr. Hunter demanded the Board take every kind of action to stop the dangerous and unlawful acts in and around Lake Washington Acres to prevent the death of homeowners and people who come there for recreation, and to stop the harassment of homeowners without discriminating against airboaters and gun owners who do not misuse their rights with guns and airboats. He stated the area has become a 24-hour a day, 7 days a week recreational area with uncontrolled wild parties every night until daylight with very loud music. He requested the Board add signs to the no wake signs that would state private canals and buffer zones of a quarter of a mile from all residences to prevent airboaters who are not homeowners in the area from entering at night, and recreational vehicles having all night parties within a quarter of a mile of any home. He requested the Board add a sign at the west end of the County right-of-way of Evinrude Road at the beginning of his property stating the County right-of-way ends and private drive begins. He stated it has taken him more than three months to put together all the legal documents for this meeting and to act on any court action that may come out of it; and he repeatedly brought letters and documents of the time it will take for him to speak on the matter and fully inform the people of the laws that grant him rights. He stated in 1996 he brought forth dangerous problems of drunk, reckless, and speeding airboaters and dangerous gun shooting in Lake Washington Acres; and the Board, State Attorney, County Attorney, and Sheriff have done nothing to stop it. He stated the Sheriff's Department has been called, not only by him, but by many others, which can be verified by the 911 calls log. He stated Commissioner Carlson has been notified late at night and knows about these problems; with Chairman Carlson responding affirmatively. Mr. Hunter stated there are six people who have been committing the hate crimes; he does not want them on his property; and he wants the Board to serve them with the writ of possession he included in the agenda packet.

Chairman Carlson inquired if other individuals speak during a personal appearance, does the person who requested the personal appearance get another five minutes; with County Manager Tom Jenkins responding no.

Sam Long advised when Mr. Hunter first came to him with his problem, he went to all the neighbors on both streets and asked if anyone else had witnessed the drunk airboating and speeding; and nobody else seemed to have the same problem. He stated Mr. Hunter lives in a unique place at the end of the street, and everyone going in and out has to pass his property; their neighborhood has legally-dug canals for access to Lake Washington; and they enjoy living there, but are getting very tired of the harassment from Mr. Hunter. He stated Plat Book 21, Page 53 states, "The lands described in the foregoing caption to this plat hereby dedicates said lands and plat for the uses and purposes therein expressed, and dedicates the streets, alleys, thoroughfares, parks, canals, and drainage easements shown hereon to the perpetual use of the public." Mr. Long advised copies of the plat were given to the residents when they bought their properties; and they want to keep the area open. He stated as for Mr. Hunter's accusation that he blocked his right-of-way, if that was true, he would have turned it in to the Sheriff's Department along with everything else. He stated they are tired of Mr. Hunter's abuse of the 911 system, Code Enforcement, and wasting tax dollars; it is a shame to see someone who is supposedly handicapped wanting preferential treatment; and it is a shame that he abuses the system. He noted as for the hate group, it seems to be an esteemed group, which includes the Sheriff, Game and Fish Commission, and probably the County Commissioners. He stated when he first moved there, there were no houses where he started to build; they do not have a homeowners association so he cannot speak for them; however, there is a good show of the neighbors here, and the letter routed in the neighborhood tells how everyone feels.

Chairman Carlson asked the individuals who agree with Mr. Long to raise their hands; and several people raised their hands. She read the petition signed by most of the people who live on Evinrude Road as follows: "To Whom It May Concern: We as landowners and/or residents of Lake Washington Acres would like it to be known that we do not want the canals that access our subdivision to be considered as private canals, nor do we wish to have any type of curfew or restrictions placed on use or our guests as to the hours of operation that we may run our boats. Also let it be known that our subdivision does not have a neighborhood spokesperson, so please feel free to contact any of the residents of our neighborhood if you have any questions." She inquired if the County Attorney had an opportunity to look at the list of issues Mr. Hunter brought forward; with County Attorney Scott Knox responding he looked them over. Chairman Carlson inquired if Mr. Knox has a recommendation on what the Board has been asked to do; with Mr. Knox responding the Board does not have much jurisdiction over private property rights that Mr. Hunter claims to be putting forth; he needs to establish those in a court of law; and the court needs to decide whether or not he is right or wrong about those issues. He stated the Board's only jurisdiction relates to noise from airboats and no wake zones; Mr. Hunter made complaints about that; but evidence from the other residents do not agree with that claim; so the only thing the Board should be concerned about are the issues it regulates by Ordinances. Chairman Carlson stated she can attest to the noise because she has been given many opportunities to listen to firearms being shot off and airboats; so there are some issues out there, but she is not sure how those would be addressed. She stated the Sheriff has a huge file on all the calls Mr. Hunter made; there is a writ of possession included in the packet; and requested Mr. Knox explain it. Mr. Knox advised that is something that would need to be issued by a court to become effective; and it would depend upon what rights Mr. Hunter can establish in court. Mr. Hunter stated Florida Statutes say the Board can serve it. Chairman Carlson inquired what is the Board required to do with the writ; with Mr. Knox responding nothing; if Mr. Hunter can establish his rights to the areas he claims he owns, the Sheriff would be in the position to serve some kind of writ if that is what the court decided it wanted to issue; but there is nothing the Board can do about that. Chairman Carlson inquired if there is specific direction Mr. Knox can give Mr. Hunter about his issues; with Mr. Knox responding his advice would be for Mr. Hunter to see a private lawyer to determine if he has any claims to the areas he claims he owns; and if the lawyer thinks he does, that is an opportunity to establish those claims in court. Chairman Carlson advised Mr. Hunter if he can establish ownership through the courts, some of the other issues would hold more validity and can be addressed; and he would have to take civil action to qualify that. Mr. Hunter inquired about the signs on the right-of-way because the County right-of-way does not go all the way to the end of Evinrude Road; with Chairman Carlson responding staff will look into that. Mr. Hunter stated that has been proven in the documents he wanted to show the Board but did not have the time to do that. Chairman Carlson recommended Mr. Hunter bring the documents to her office and she will forward them to the appropriate staff. Mr. Hunter stated the 1953 and 1956 plats are gone; they have a new plat that was platted in 1967; and there is no dedications on it because of the laws on private canals.

Commissioner O'Brien stated if the property belongs to Mr. Hunter, he can post a sign that says private property, and the taxpayers should not have to pay for it. Mr. Hunter stated the people will argue with him and will not pay attention to his signs, but they will pay attention to what the County puts up; and that is why he asked for it. Mr. Hunter stated the people do not pay attention; but when he started video taping them speeding through no wake zones, they paid attention. Chairman Carlson stated the Board has most of that testimony; and Mr. Hunter needs to pursue civil action regarding ownership of the land and canals, then the issue of signage can be considered. Mr. Hunter stated in the time being, the Board should not allow those people to trespass on his property; the way the law states, the Board has to take him to court if it wants it changed; and meanwhile, it is private property. Commissioner Higgs recommended Mr. Jenkins investigate the issue of where the right-of-way ends and whether it would be proper for a sign to go there. Mr. Hunter stated he does not want it to end for everybody, just those who are abusing it; the right to drive is not taken away from everybody because of one drunk driver on the road; and the canals and rivers are guided by the same things as highways and private roads. Chairman Carlson stated the Board will look into it.

Mr. Long stated Mr. Hunter runs Swampman Airboat Charter tours in the canals he wants to make private and out of his yard; and requested the Board take that into consideration. Chairman Carlson stated the Board is aware of that.

Commissioner Colon inquired if Mr. Hunter has a license to operate the tours; with Assistant County Manager Peggy Busacca responding Mr. Hunter has an occupational license for a home occupation to do airboat rides; the license states there should be no people coming to his home; the intent is that people who are coming to the airboat rides would come to a public dock or commercial dock; so he is not to have people coming to his home or dock, but he is allowed to use the address for the purpose of accepting the occupational license. Chairman Carlson inquired if Mr. Hunter is in compliance with his license; with Ms. Busacca responding she does not know, but to her knowledge, there are no Code violations currently, and he does have a license with those stipulations. Mr. Hunter stated he will bring that matter to the Board in two months, but the information Ms. Busacca has is false; he has a full-blown business which he can run to supplement his income; he worked hard for many years to put the business together; and he can have people at his home, dock, in his business, and on his property. Commissioner Colon stated the County said Mr. Hunter is not allowed to do that, but he is going to do what he wants to do and will be discussing it with the Board; basically he is not in compliance right now; and if that is what he is doing, then it is illegal. Mr. Hunter stated it is not illegal because he has been licensed for it for many years. Commissioner Colon stated the license says he cannot use the address to operate out of; with Mr. Hunter stating he does not know where that came from because it is not on his license. Commissioner Colon commented it has opened a can of worms; with Mr. Hunter responding there are several airboat people in the subdivision giving tours; and he has videotapes of them doing it. Commissioner Colon stated if they are doing it illegally, the County will go after them also. Mr. Hunter stated if the Board wants to open a can of worms, it is going to open it big because he will show all the businesses in the neighborhood that are illegal. He stated his business is legal and he has an occupation license and a State license to operate. Commissioner Colon stated anyone doing anything illegal will be accountable for that. Mr. Hunter stated his property is zoned in a different manner.

The meeting recessed at 7:05 p.m., and reconvened at 7:27 p.m.

PUBLIC HEARING, RE: ORDINANCE ELIMINATING USE INCONSISTENCIES IN
COMMERCIAL AND INDUSTRIAL ZONING CLASSIFICATIONS

Chairman Carlson called for the public hearing to consider an ordinance eliminating use inconsistencies in commercial and industrial zoning classifications.

There being no comments heard, motion was made by Commissioner Higgs, seconded by Commissioner Colon, to adopt an Ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida, amending Section 62-1481 by amending uses in the BU-1-A zoning classification; amending Section 62-1482 by amending uses in the BU-1 zoning classification; amending Section 62-1483 by amending uses in the BU-2 zoning classification; creating Section 62-1835 to establish conditions for dry cleaning plants accessory to pickup stations as a permitted use with conditions in the BU-1 zoning classification; amending Section 62-1102 by adding definitions for minor and major automobile repair; amending Section 62-1921 by creating two subcategories for commercial entertainment and amusement enterprises; amending Section 62-1543 by amending uses in the IU zoning classification; amending Section 62-1544 by amending uses in the IU-1 zoning classification; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Brevard County Code of Ordinances. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE ESTABLISHING TEMPORARY MORATORIUM ON
ADDITIONAL BUILDING HEIGHT REQUESTS

Chairman Carlson called for the public hearing to consider an ordinance establishing a temporary moratorium on additional building height requests; and advised this is the first reading of the ordinance.

Planning and Zoning Director Mel Scott advised the Local Planning Agency will hear the ordinance on March 19, 2001, and the Board of County Commissioners will hold the second hearing on April 3, 2001. He stated Section 3, Exemptions, does not completely carry out the intention of the Board for ceasing the process of any new conditional use permit applications until the moratorium is completed; and if that is the intent of the Board, staff will modify the ordinance prior to the second hearing.

County Attorney Scott Knox stated there is a conflict in the language of Section 3; the first sentence creates an exemption and the second sentence says it does not make any difference if a person has an exemption; so that has to be corrected.

Attorney Rich Amari, representing Indian Cove Marina, Inc., Towne Realty, Inc., Frank and Vivian Youles as Trustees, and Antonio and Grace Cataldo, advised they hope to bring forward before the March 9, 2001 deadline, a request for PUD zoning in the Merritt Island Redevelopment Area for a condominium project that would consolidate what is now slum and blight areas. He stated the Sheriff's incident report shows over 470 incidents in that area over the last year; and he understands the problem that brought the Board to this juncture, the concern on the beaches, and the case law that has apparently taken away the discretion the Board requires with CUP's; however, he also has a concern that the moratorium will bring their application to a halt even before its effective date according to the discussion. He stated he understands the intent is to hold applications in abeyance pending the ordinance eliminating CUP's for additional building height being adopted; unfortunately, they are on an extremely strict time line, as it took in excess of two years to bring all the contracts together; the contracts will expire in July, 2001; and if they do not have their permitting completed in May, they would not be able to get it done. He requested the Board consider exempting the Merritt Island Redevelopment Area from the moratorium, not from the provisions of the proposed building height ordinance, so they can go forward. He stated they could meet the Code as it exists today and thinks they could meet the Code that will exist; but if they are caught in the holding cycle, they would lose their contracts and the project would die, which is what he hopes to avoid. He requested the Board take that situation into consideration.

Clarence Rowe requested consideration be given to the possible adverse impact on the immediate community and the people, especially the poor people who may be displaced by the project in MIRA. He recommended the people who may be displaced be compensated in such a way so they do not become lower than they are on the poverty level or become a burden on the taxpayers. He stated they need to be compensated so they can come up to a better standard of living and improve what they have; and advised of the RV facilities in Melbourne involving senior citizens. He stated there is nothing wrong in improving a community, but some degree of sensitivity needs to be taken in reference to people being displaced so they do not come out at a loss and have a better community with improvements. Mr. Rowe advised Chapter 163 deals with slum and blight areas and improving those areas for the people in those areas; and it is not to make improvements and displace people for profit, and let them suffer while nothing is done for them. He stated he hopes the County can bring the standards of living and jobs up to par so people can contribute to the community financially; and they cannot do so if they are displaced and cannot get jobs or transportation to jobs.

Doug Robertson, Consulting Director to Merritt Island Redevelopment Agency (MIRA), advised the MIRA Board was introduced to the project Mr. Amari described; it will require additional building height; and it will be located in the marina basin area, which is a targeted redevelopment project within a redevelopment plan. He stated the MIRA Board received the project very positively when it was introduced to them preliminarily last month, and directed him to attend the meetings and encourage the Board to preserve the opportunity and allow the project to pass through the process and be evaluated by the Board. He stated on behalf of the MIRA Board, he requests that the redevelopment area be exempt from the moratorium so they can see the project go forward.

Commissioner Colon stated the Board should consider excluding the redevelopment area from the moratorium since the project has been in the pipeline.

Chairman Carlson advised Item VI.A.1 is permission to advertise the ordinance removing the CUP for additional building height; MIRA is in that ordinance; and inquired if the Board has to do something tonight, given it is detailed in the proposed additional building height ordinance. County Attorney Scott Knox advised the problem Mr. Amari has is the application being filed and sitting there until the rules are adopted; and a way to avoid that is to put an exception in the moratorium ordinance which would allow anyone to file an application for additional building height and follow the new proposed rules, understanding if the rules are modified at the final hearing, they may have to be reviewed again; but if the rules are passed as is and they comply, they can get immediate approval and would not have to wait. He noted it could be delayed two months while they wait for the ordinance to pass. Commissioner Higgs stated when the Board invokes a moratorium, anything that was in before the adoption date should move forward; and anything that comes in after that date would be reviewed under the new rules. Mr. Knox stated the direction staff received from the Board was not to review any more applications for CUP's for building heights until the new rules were adopted, so the ordinance was structured in that manner; however, if the Board wants to allow people to move forward and get projects reviewed

PUBLIC HEARING, RE: ORDINANCE ESTABLISHING TEMPORARY MORATORIUM ON
ADDITIONAL BUILDING HEIGHT REQUESTS (CONTINIUED)

under the new proposed rules, it can do that. Chairman Carlson stated it cannot do it for one and would have to do it for all applicants. Mr. Knox noted he understands there is only one application pending besides the one described by Mr. Amari; and reiterated the possibility of accommodating the request by allowing reviews under the proposed rules. Commissioner Higgs stated the rules change at the date of adoption and not before; so review of any project would be by the current rules up to the date they change. Mr. Knox noted there is the red flag doctrine where the Board cannot impose rules before they are adopted; with Commissioner Higgs responding if changes to the rules are not adopted, the rules remain the same until they are legally adopted. Mr. Knox stated if that is what the Board wants to do, it needs to change the direction given to staff because that direction was to stop everything until the new rules are passed. Chairman Carlson noted that is what the Board directed.

Commissioner Colon stated there are only two or three applications in the pipeline, so they should be grandfathered in; she thought the process would continue; but to be safe, those are the only ones the Board would want to exempt if that is possible.

Chairman Carlson inquired if there is a way to put a date in the moratorium ordinance for stopping applications; with Mr. Knox responding the easy way to handle that is to have anything filed before the date the moratorium is approved would go under the old rules. Commissioner Higgs stated April 3, 2001 is the date when the moratorium will start. Chairman Carlson stated that seems feasible.

Motion by Commissioner O'Brien, to grant permission to advertise a public hearing to forward the ordinance establishing a temporary moratorium on applications for additional building height conditional use permits to the second public hearing on April 3, 2001; and direct that any applications received prior to the effective date of the ordinance establishing the moratorium will be treated under the old rules. Commissioner Higgs seconded the motion. Chairman Carlson called for a vote on the motion. Motion carried and ordered unanimously.

Commissioner O'Brien stated the area proposed for PUD zoning in MIRA is a real slum; there are arrests at least four times a night for drugs, stabbings, shootings, prostitutions, etc.; and the project should relieve some of those problems. He stated as for people being displaced, there is Section 8 housing available; and those who are eligible can get such housing. Chairman Carlson stated there have been great accomplishments in MIRA; and they are very well done.

CONTRACT AMENDMENT WITH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT,
RE: ARTESIAN WELL PLUGGING PROGRAM

Natural Resources Management Section Supervisor Conrad White advised on February 6, 2001, the Board had a brief discussion on the County's abandoned artesian wells program; it is a joint program with the St. Johns River Water Management District, where the County provides 50% of the funding to control abandoned artesian wells; and the wells are usually plugged with a grout substance. He stated presently there are 120 wells on the list; 14 have been plugged this year; there are 27 wells left to be plugged that have contracts; and there are 29 wells that do not have contracts. He stated the District recommended increasing the funding by $20,000 per agency to allow them to control the remaining 27 wells in Brevard County; and there is a Contract amendment attached to the Agenda Report to accomplish that.

Commissioner Scarborough stated Alex Chamberlain came to his office and presented a document he wrote which is complex and goes into the salinity of the wells and different pressures; and requested staff talk to Mr. Chamberlain to get his input.

Commissioner Higgs advised there are Ordinances enforced through Code Enforcement if a lawn is overgrown; sometimes the County goes in and cleans up the nuisance and puts a lien on the property; and inquired if an ordinance can be drafted to say free-flowing wells are illegal and if they do not plug it on their own, the County will enforce it like it does other nuisances. Mr. Knox stated assuming the County is not preempted from doing that, he sees no reason why it could not be done.

Mr. White advised there is a concern that even though the County may have an ordinance that would obligate plugging a well, there is no certainty the well will be abandoned properly. He stated St. Johns River Water Management District contracts with well diggers who have the right equipment and can do it properly; individuals may be able to plug a two-inch well that is in good condition; but there is no knowledge of what the below ground condition of the well casing is, which may require considerable effort to plug.

Commissioner Higgs advised the County has been plugging wells under a Contract with St. Johns River Water Management District for a long time; but she does not understand why the County should put an additional amount of money in to take care of a private responsibility. She stated she supports the concept of plugging wells, but before she can vote for additional funding, she wants the County Attorney to explain why it could not be done in another manner.

Chairman Carlson inquired if the County can legally require the private property owner to plug a well. She stated if that is possible and the County does not have to bear the cost, it would seem that the District would have a program to go out to individual residences that have free-flowing wells and tell them during this time of drought and restrictions, they need to cap the wells. Mr. White stated the St. Johns River Water Management District staff looks at wells and applies a triage technique, so if they observe a well that is gushing and has no controls, they will work with the homeowner to plug it at least temporarily with a cap or some other device rather than allow it to flow until they get on the program list. He stated the list is quite long and could take a few years to have the public pay for it; however, the District considers ground water a public resource; and that is why they and the County pay for plugging the wells.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to instruct the County Attorney and County Manager to research the issue of artesian well plugging, and return to the Board with a report on other alternatives along with the First Amendment for further discussion.

Commissioner O'Brien advised the people pay property taxes to the St. Johns River Water Management District, which is not an elected Board; they have a job to do, but wants the County to raise taxes so they do not look bad; it is their project and they are concerned about ground water; and the County is also concerned about ground water, but none of the drinking water comes from ground water except in North Brevard. He stated 50 wells that are federal and State owned are not capped yet; they were told to cap them 20 years ago and have not done it; so the District should do its job and not tap Brevard County for $3,000 a well which seems excessive. Commissioner Higgs stated she appreciates what the District is doing, but wants research on the possibility of doing it differently. Commissioner O'Brien stated he appreciates what the District does, but he wishes they would do their job and stop asking the County to pay for it. Commissioner Higgs stated they are not asking for payment; the opportunity is there if the County wants to be involved; and she does not want to get into a disagreement with the District on this project.

Commissioner Colon advised the Board has a partnership with the St. Johns River Water Management District, and it should support providing its share to do the well plugging and seeing about the legalities at the same time. She stated it needs to be done; the County needs to protect the waters; and she supports $20,000 to have that partnership.

Chairman Carlson inquired why the 50 wells on government property have not been capped; with Mr. White responding he does not have that information, but can get it for the Board. Chairman Carlson recommended staff bring that information back with the report from the Attorney. She inquired if the St. Johns River Water Management District is doing a volunteer program for capping wells; with Mr. White responding he had discussions with the District staff and they are reluctant to approach a volunteer program. He stated their primary concern was liability, and the other concern is capping does not cure the problem permanently; and they want to plug the wells to assure when they are abandoned they will never be a problem again.

Commissioner O'Brien stated a partnership with the District sounds good, but in 20 years they have capped 473 wells at a cost of $389,000 to Brevard County, yet the wells on the federal and State properties have not been capped yet; and he does not consider that a partnership.

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

DISCUSSION, RE: THE WILLIAMS BUILDING

Commissioner Higgs advised the Town of Melbourne Beach has indicated an interest to work with citizens on the Williams Building; they plan to establish a committee, and asked for 180 days to work on it; and she is willing to allow them to go forward.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to defer action on the Williams Building for 180 days to allow the Town of Melbourne Beach to create an ad-hoc committee to work with citizens and develop a plan for preservation of the Building.

Commissioner O'Brien suggested selling the building to the Town for $1.00 if they will move it. Commissioner Higgs stated before making a decision on whether the building stays in that location or not, the Board needs to know what will happen to it. Parks and Recreation Director Charles Nelson stated they have done a good job in putting together a proposal; staff has no objections to the additional time; and they will take care of the building in the interim. Chairman Carlson inquired if staff gave the group details on what was done in District 4; with Mr. Nelson responding they received a copy of the report done by the group in District 4.

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

ADMINISTRATIVE APPEAL, RE: SPACE COAST DEVELOPMENT CORPORATION

County Attorney Scott Knox advised he prepared the order as directed by the Board that rejects the application for vested rights filed by Space Coast Development Corporation.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to adopt Resolution setting forth findings of fact and conclusions; and deny Space Coast Development Corporation's administrative appeal for vested rights for a convenience store. Motion carried and ordered; Commissioner O'Brien voted nay.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE REMOVING
CONDITIONAL USE PERMIT FOR ADDITIONAL BUILDING HEIGHT

Zoning Official Rick Enos advised the proposed ordinance will eliminate the conditional use permit for additional building height; there are several proposals that will allow limited opportunity for additional height permitted with conditions; and the memorandum describes the issues that came up in the last few weeks.

Doug Robertson, Consulting Director for Merritt Island Redevelopment Agency (MIRA), thanked the Board for including MIRA for special consideration in the ordinance; and stated he has not discussed it with the MIRA Board, but there is one issue he will work through with staff regarding setbacks required from property lines of existing uses and zonings. He stated that may encourage nonconforming uses in the redevelopment area that may be slated for future redevelopment and discourage new development because of the excessive setbacks next to nonconforming uses. He stated he would like to review the proposed ordinance with the MIRA Board and work with staff to come back with something that addresses those issues.

Attorney Richard Amari thanked the Board for its prior action; and stated as past Chair of the MIRA Board, he has an interest in the area beyond the project. He stated he is not opposed to the ordinance, and commend staff on their efforts; however, there are problems in its present form. He stated by comments from the Board on shadowing from high buildings, staff addressed it by allowing additional height with additional setback requirements; the setbacks become greater next to residential uses; but there are additional setbacks regardless of the use of the property. He stated their project is surrounded by parcels with nonconforming uses; they have trailers on them; and by the way the ordinance is drafted, it is a residential use or zone which would bring in the two for one ratio; for example, an 80-foot building must set back 160 feet from the property line that has a nonconforming dilapidated trailer on it. He stated it would encourage nonconforming uses and discourage redevelopment; and suggested, in the redevelopment area, the Board provide some objective standards that would allow exemptions; for example, if properties are consolidated and would redevelop 20% of a blighted area, that would allow an exemption from the provisions of the ordinance. He noted they need some objective standard that is related to what the Board is trying to do in a redevelopment area, which is to eliminate slum and blight.

Ed Fleis advised thresholds for height are often established in areas based on what has been built there in the past; 45 feet has been on the books for many years; it never made a lot of sense to him except it was adopted when the minimum floor height, which is in the Building Code, was eight feet; what 45 feet allows is five floors; but by the time they put in the heating, ventilation, air conditioning, and plumbing, they end up with seven feet or less of head room. He inquired why the Board would not consider ten feet per floor if it is going to allow five floors. He noted when the County went from 35 feet to 45 feet, it basically allowed ten feet per floor; and inquired if it would consider ten feet per floor. He stated there are only about 12 to 15 parcels on the oceanfront zoned RU-2-15 that have not been developed; a lot of the ordinance deals with those parcels; and many of them are near tall buildings. He stated from a land planning point of view, additional height is a combination of the width and height of the building; a number of factors have to be taken into consideration on how to properly plan a site, such as outdoor parking, inside parking, columns, sufficient space for the building, and the height is just one of the issues considered to make the best layout for a building. Mr. Fleis inquired who is really opposed to height; he has been before the Board on several occasions, and many times the people in the audience opposed to the height oppose construction of a building next to their homes, concern about ocean view, or intimidation if the building is higher than their building; however, he has not heard the people on the west side of A1A object to the height because the trade off is increased breezeway. He stated the condominium project he requested 18 additional feet of height for would have been 180 feet wide versus 240 feet wide; and the tradeoff of the two extra stories would have given more breezeway and openness to the ocean for those on the west side of A1A. He stated often there was reference to Miami and Fort Lauderdale; he called a planner in Miami Beach and asked what their height restrictions were; and they go by zones, with some being 220 feet or 22 stories, 120 feet or 12 stores, etc.; and they vary for different areas.

Commissioner Scarborough stated the beaches and Merritt Island have been discussed; PUD's have their own dynamics; and PIP and IU are two different zonings. He stated there may be a need for additional height in IU to manufacture rockets or something like that; the 2 to 1 ratio may not be next to a dilapidated trailer, and may be next to a high-rent area or nice homes; and if a structure like the North Brevard Government Center was built next to his home, he would find it intimidating.

Commissioner O'Brien stated what the ordinance is about is the homeowner's right to receive a product of value; and that product is sunlight, moonlight, wind, rain, and all things God gave him. He stated they bought their houses before the condominiums were built; they have a right to have that sunlight; and the condominium developer does not have the right to take it away. He stated those opposed to height are silent until a condominium is considered next door to them; there is no magic with 45 feet, and it can be changed to 35 or 25 feet; but someone had to draw a line somewhere, and that line was drawn. He advised of structures on Biscayne Boulevard and views from the Loxahatchee River being beyond ridiculous. He stated people oppose more height because they do not want more density to impact traffic particularly on A1A, and impacts on utilities, ambulance service, and everything else; and people who live in single-family homes pay taxes while a developer comes in with three acres and puts 120 units creating a big impact on the people who live there. He stated people who are complaining about the height are asking for an increase in impact fees; they are worried about condominiums going up that increase demands on utilities and services; and those are the people opposed to height.

Commissioner Colon advised the Board is moving forward in a positive manner regarding building height; the ordinance is wanted not just by the beach communities, but the mainland communities as well; and she wants to get some feedback from the Commissioners on the different options, and determine if there are any of the six that stand out and need more discussion.

Chairman Carlson advised her concern is solar access; there is a paragraph in the narrative that talks about commercial parcels in urban areas with density differences; the Board is trying to promote smart growth; but it also says solar access and residential compatibility standards must be met; and she is not sure the Board wants to go that tight on that; and suggested considering some other option. She stated the residential compatibility ratio terminology is not in the narrative; the definition is not easy to find; and it needs to be defined in the ordinance.

Commissioner Scarborough stated it is assumed that property rights exist only in residential areas; however, a massive structure behind or next to a commercial building or office complex is also problematic and adversely affects the owner or tenants. He stated people may not want to go to the doctor there because the roads are congested; so commercial structures have rights also and should be protected from obtrusive structures that would adversely affect them. Commissioner Higgs stated if the issue is density, then that is what the Board needs to address, but she supports moving forward on the height issue and looking at the other issues also. Commissioner Scarborough stated a lot of times there is an assumption that infill is cheap because infrastructure is there; but when the infrastructure fails, the costs will be astronomical to retrofit underground facilities, water, sewer, etc. and widen roads; so the Board needs to be careful because it could walk into a massive trap. He noted height in an already developed area needs to be carefully analyzed.

Chairman Carlson inquired if the definition of residential compatibility height standards only includes single-family, or does it include multifamily, mobile home, and nonconforming uses. Commissioner Scarborough stated nonconforming use is a problem in all zoning categories.

Chairman Carlson inquired if that means nonconforming uses should not be included. Commissioner Scarborough stated residential is the only word that appears to be protective; and as long as there is no residential, it is not a problem; but PIP is included with IU and IU-1; and PIP is a totally different concept and should be dealt with in a different paragraph. Chairman Carlson stated staff needs more direction on some issues that recently came up. Commissioner Higgs stated she was just handed the list. Chairman Carlson suggested Commissioners review the list before their briefings and the ordinance comes back for the first hearing. Mr. Enos noted that was his intent.

Motion by Commissioner Colon, seconded by Commissioner Higgs, to grant permission to advertise a public hearing to consider an ordinance removing the conditional use permit for additional building height. Motion carried and ordered unanimously.

RESOLUTION AND TASK ORDER WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC.,
RE: CHAIN-OF-LAKES PROJECT

Motion by Commissioner Higgs, seconded by Commissioner Colon, to adopt Resolution authorizing Task Order #98-002-09 with Post, Buckley, Schuh & Jernigan, Inc. to provide engineering services for the Chain-of-Lakes Stormwater Management Project, and execute the Task Order. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - MICHAEL FITZGERALD, DOMESTIC VIOLENCE TASK
FORCE, RE: ADDITIONAL DEPUTIES FOR DOMESTIC VIOLENCE UNIT

Michael Fitzgerald, member of the Domestic Violence Task Force, advised the Task Force is a compilation of at least 20 organizations in the County, which has met once a month for the past five years; and at a meeting several weeks ago Sheriff Phil Williams told the Task Force his top priority for next year is to establish a domestic violence unit to deal with domestic violence problems in Brevard County. He stated the Board has been very supportive of measures to deal with domestic violence; in 1998, the Board approved $65,000 for an indigent program to deal with people who were found guilty of domestic violence and did not have the money to go to the class; and the Board has supported shelter issues for domestic violence victims. He stated although a lot has been done for domestic violence, there is a lot more that needs to be done; in the last five years, Brevard County had a 29% increase in the number of domestic violence cases; and of the 26 murders that occurred last year, one out of four was caused because of domestic violence. Mr. Fitzgerald advised last year the Sheriff's Office handled 1,657 domestic violence cases, which represents 40% of all domestic violence cases in Brevard County; last year the State Attorney's Office handled 4,192 domestic violence cases; and the majority of the cases were dropped due to lack of evidence and witnesses not coming forward to testify because in many instances, the witnesses were the victims. He stated the Board is the steward of the County's tax dollars; and as such, he wants to give it justification for why it should fund the new unit for the Sheriff's Office. He stated the Orange County Sheriff's Department recognized it had a problem with domestic violence; from 1992 to 1995, 33% of all homicides were domestic violence related; they put a domestic violence unit together; from 1996 to present, due to the unit working, the homicide rate dropped to 11%; and if Brevard County can get a domestic violence unit, it could get the same success rates. He advised next month the new census data will come out; the figures will show 125,000 additional people in Brevard County, he figures about 75,000 will reside in the unincorporated areas; the deputies are determined by population of 1.5 for every 1,000 residents; and 1.5 times 75,000 comes to five new positions, which he hopes will be in the area of domestic violence for the new unit. Mr. Fitzgerald advised many times cases are dropped because evidence was not gathered and witnesses were uncooperative; more often than not, the cases go from simple assault to aggravated assault and then to murder; and with trained personnel, the County could stop this in the beginning and save taxpayers a lot of money. He stated to prosecute a murder case could cost up to $200,000; Orange County showed if Brevard County could stop two murders it could save $400,000, which would pay for the whole unit; so the County could pay up front or on the back end. He stated he has faith that the Board will see the need for a domestic violence unit and will approve the positions for the Sheriff.

William DiMarzo stated his reference is directed to abuse claims where the police, courts, and judges find it difficult to determine which person is lying and which is telling the truth; and at times there is so much doubt and confusion raised by the one who displays the greatest acting abilities to create a cloud over the other individual, that judges are prone to issue restraining orders and temporary injunctions even though not warranted. He stated the injunction or restraining order gets in the hands of the person who accomplished a certain action, especially in a divorce case; and if the Sheriff's Office has additional personnel to investigate domestic violence claims, it will prove to be a blessing to the court system and reduce the number of hearings, which would amount to more savings. He explained in detail a divorce case where the wife made false accusations against her husband with no follow up investigation to validate the unsubstantiated claims. Mr. DiMarzo stated it is not good enough to throw money out to help cure some problems; it is how the money will be spent; and if it is used to create more paperwork for the court system, then the success of a domestic abuse unit will be diminished and the court load will increase. He suggested police departments be given more money to investigate domestic abuse charges of both parties subsequent to the incidents to lend some credence to the validity of the claims so that innocent victims, men or women are not entrapped by the court system that is designed to protect time.

Sheriff Phil Williams advised the work culminated by the Domestic Violence Task Force is to be applauded; they have taken giant leaps to bring together resources that were spread out and not used wisely because they were not coordinated; and the efforts of those individuals to bring to a halt the domestic violence issues and problems in Brevard County have done great things. He stated the domestic violence court and a particular judge to hand the specialty of those cases is just one of the accomplishments; and in his upcoming budget presentation he will ask to complete the circle with the investigative arm. He stated of the 1,700 cases in 2000, 362 were very violent and included rape, homicide, forcible sodomy, aggravated assault, stalking and threats, etc.; those cases cry out for additional investigation; and there are cases where both genders are wrongfully accused. Sheriff Williams advised those cases can be called out by only one method early enough to make the intervention meaningful; and that is with an investigation to follow up what a road deputy or police officer can do. He stated the other side of the coin involves those who are guilty and need to be investigated; bruises and injuries are more apparent 48 hours from the incident; there are children in the homes that need to be interviewed; and there are neighbors who are not forthcoming at the time of the incident but may have information to add to the investigation. He stated the road deputy that handled the call will go to other calls; so a domestic violence unit would be a good return on the investment and has worked well in Melbourne, Palm Bay, and Orange County. He stated the number of cases that should be criminally prosecuted and not diverted, or someone falsely accused can be better cases for the prosecutor's office; they are difficult cases because there are hesitant victims, children, neighbors, etc.; so a more thorough job done on the front end, the more likely the true account of the events will be discovered; and if prosecution is warranted, then a successful prosecution can be had. He stated if a diversion solution to the case is warranted, the factors that the prosecutor desperately needs to take into consideration when passing on whether or not to divert a case can be discovered. Sheriff Williams advised this is an informational session from his perspective, preceding his budget presentation; the Task Force worked very hard and studied the problem, and he applauds their work; and since Brevard County is growing rapidly, there is a need to address the issues on the front end.

Commissioner Higgs inquired if the Sheriff is asking to institute a domestic violence unit in the upcoming budget and not as a mid-year budget adjustment; with Sheriff Williams responding it will be in the budget for 2001-02; but they felt the statistics and successes elsewhere should be brought to the Board's attention early; and this was the appropriate time to do that.

Chairman Carlson inquired if the Sheriff has the findings of the Task Force; with Sheriff Williams responding he does not have the formal findings, but have the statistical information supplied by his office and the other police agencies and prosecutor's office which deals with these cases whether they are filed or not, diverted or not, or prosecuted or not. Chairman Carlson asked the Sheriff to bring the findings of the Task Force to the Board with his budget. Sheriff Williams indicated the Task Force would give the Board a report and his office will provide the statistical data at that time.

Commissioner Colon advised the Board should get some feedback from the different municipalities on how they have been moving forward. She stated domestic violence calls are one of the most dangerous that the officers respond to; and that needs to be considered also. She stated the numbers also match as far as the growth in Brevard County; the Board has to match manpower to be able to address those issues; so she appreciates the Task Force bringing the issue forward.

Susan Christmas, Chairman of the Domestic Violence Task Force and Executive Director of Brevard County Legal Aid, advised the Legal Aid Program has partnered with the Women's
Center and the domestic violence shelters to have a legal component to the domestic violence problem in the County; and they offer legal services to victims of domestic violence through that project. She stated they get referrals from the shelters, courts, and law enforcement; Palm Bay and Melbourne have active advocacy units; and they support the Sheriff's request for a domestic violence unit. She stated the Task Force is comprised of people from all walks of life coming together to help with this problem; there are representatives from every agency that deals with domestic violence and victims, including the judiciary; their mission is to end domestic violence through advocacy, education, and communication; and they support a specialized domestic violence unit for the Sheriff's Department. Ms. Christmas advised the first point of contact for a victim often is law enforcement; how that encounter is handled, who is arrested, and where will the children go makes a difference to the family; it has far-reaching impact on the family as well as the prosecution; and if the first point of contact is not handled correctly or evidence is not gathered correctly there is not going to be a prosecution. She stated it is extremely important the responding officers and investigators are thoroughly trained in domestic violence dynamics, related statutes, community resources available for victims, and evidence collection at that sort of crime scene; that crime seen may be different from a normal crime scene; and specialized education of those officers is imperative to the success of the project. Ms. Christmas advised Sheriff Williams emphatically stated the domestic violence unit is a top priority for him; the Task Force has been very active in getting things going in this County; many partnerships have grown out of the Task Force; and this is another step to have a specialized unit covering the unincorporated areas of Brevard County. She stated last year there were 23 homicides in Brevard County; 30% had an element of domestic violence; and 22% were in the unincorporated areas of Brevard County. She stated everyone knows that children who grow up in homes that experience domestic violence often grow up to be batterers or victims; that is exponential growth of domestic violence; and the only way to stop it is to take a no tolerance view of domestic violence with arrests, prosecution, batterers intervention, victim counseling, and support groups to make a change in the family. She stated the Sheriff's Department is an integral part of the whole scheme; they are the lead group of law enforcement; smaller Departments have managed to put units in place, yet the Sheriff's Department has not been able to do that; and they hope the Board supports his request for funding in that area.

Commissioner Colon inquired if there is faith-based counseling to get those couples together if there is a chance of reconciliation; with Ms. Christmas responding one of the Task Force's goals is to have more faith community involvement; and recently two ministers attended their meetings and were interested in trying to be part of the group by offering training in their parishes to their congregations. Ms. Christmas advised the Women's Center is a holistic project where victims not only receive legal assistance, but are referred through the Center to support groups for counseling at no cost; they have supplement funding from the Department of Justice to help purchase counseling; but as for couples counseling, she cannot say as victim advocates, they are doing that. She stated having people in the same room at the same time when they are victims of domestic violence is not what they do at this time; but faith community counseling would be different. Commissioner Colon stated faith community would probably take it to the next level because it is not a matter of throwing away the key and spending taxpayers money that way; there is so much involved; and she is glad to hear they are heading in that direction. Ms. Christmas noted if a person is going through batterers intervention and counseling to become a stronger person, there could be reconciliation after the treatment.

Linda Gruver, Division Chief for Domestic Violence Unit at the State Attorney's Office, and member of the Domestic Violence Task Force, stated she wants to reinforce what was said before that there is a need for specialized investigators for the Sheriff's Department, because of the 4,192 domestic violence cases the State Attorney's Office received in 2000, 40% came from the Sheriff's Department. She stated frequently victims become uncooperative; there needs to be specially-trained people involved with these cases because of the special dynamics and issues involved; they deal with people involved in intimate relationships, which is a rough situation for them to go through; and there has to be specific understanding of the issues. She stated their Domestic Violence Division does the intake for all cases in the County; there is a strong need for follow-up, maintaining victim contact, making sure the person is offered services available, and not just handing them pamphlets, but continuing to make contact with them and keeping them involved so they are not lost down the road. She stated maintaining contact is essential to effectively prosecute the cases; in addition, they need all the evidence to make a filing decision and effectively prosecute those cases; they have a burden of proof beyond and to the exclusion of every reasonable doubt, which is a high burden in a criminal case; and they need to have all the evidence available to pursue those cases. Ms. Gruver advised specialized training and designated domestic violence officers can go towards increasing appropriate arrests and decreasing inappropriate arrests because the officer is trained and knows how to handle the issues; and it also provides a contact person for the State Attorney's Office if there is additional information needed for prosecution. She stated frequently injuries and bruising show up the next day and are not seen by the officer at the scene when the incident occurred; an investigator could go out and do follow up, take photographs, and gather information that was not available at the time of the incident; and they can talk to the children and neighbors which will enhance the State Attorney's ability to effectively prosecute the cases; so she supports the Sheriff's request for a domestic violence unit.

Celia Keen, Victim Advocate and Services Coordinator at the Women's Center, advised the Women's Center is a nonprofit social service agency that has been in the community more than 25 years; and they offer a variety of services to women and their families, including an extensive advocacy program for victims of domestic violence, information, referrals, safety planning, help with injunction processing, communicating and contacting local agencies, filing victim claim forms with the Attorney General's Office, consultation, and possibly legal representation at injunction hearings. She stated they have a partnership with Legal Aid, a case management program to help victims transition to a more independent lifestyle, and individual and group counseling; they are members of the Task Force; and they strongly believe no one agency or organization can eliminate domestic violence. She stated the community must work together to stop this crime; each individual and agency has a role to play, some to educate and inform, others to provide support, counseling, shelter, programs for batterers and their families, and some provide law enforcement, apply the law, and prescribe the punishment. She stated an effective component of this process is the part that works to hold the batterer accountable for his/her crime; law enforcement must be able to make arrests, do thorough investigations, and provide complete files to the State Attorney's Office to be used to proceed in the legal system; and in order to do that, law enforcement needs more officers who are assigned specifically to domestic violence crimes, more money for equipment, and more training for all officers. Ms. Keen advised there have been many cases of domestic violence battery that could have been prosecuted if there had been an officer to follow up after the initial arrest; many times bruises and injuries are more apparent in the days following the incident; and with time to interview the parties and investigate the crime more thoroughly, cases can be prosecuted more successfully. She stated they hear their clients' frustrations with the system, which is not able to dedicate time and manpower to criminal battery and violation of injunction charges, and dealing with officers who lack education or awareness of domestic violence issues; and they owe it to the victims and their families to do their best and provide the necessary resources to hold the criminals accountable. She stated ideally every law enforcement agency should have a domestic violence unit with officers who are educated, informed, and trained to investigate and respond to this serious crime; if the Board is concerned with eliminating this crime that has taken the lives of two people already in 2001, it needs to support the agencies, specifically the Sheriff's Office in its effort to respond to this serious problem in the community; and they are here to show their support for his request and encourage the Board to make it a priority.

Commissioner Scarborough advised he would be interested in seeing the percentage of all the prosecutions of a violent nature that the State Attorney's Office received; and the Sheriff may want to comment on the propensity for violence on deputies and the risks, which could be a national figure. He stated all those things will help the Board understand the uniqueness and volume of domestic violence cases; so he hopes to get those statistics.

Chairman Carlson thanked the Task Force and Sheriff for the presentations.

PERSONAL APPEARANCES - ANN COBURN AND NICKI KISNER, CANAVERAL
GROVES HOMEOWNERS ASSOCIATION, RE: ZONING CODE CHANGE

Nicki Kisner, President of Canaveral Groves Homeowners Association, advised the membership of the Homeowners Association declared the Zoning Code that prohibits parking or storing of any type of trailer used for hauling even in a garage unrealistic and senseless, especially in an area such as Canaveral Groves. She advised of her situation, equipment, vehicles, and utility trailer needed to haul things their vehicles could not accommodate, such as the mulch from the County's mulching plant, disabled motorcycles, and riding lawn mowers; and stated without their trailer, they would have to pay a commercial hauler to do those tasks which would be costly and inconvenient. She stated RV's, travel trailers, boats on trailers can be stored on their properties, but not a trailer; many other counties do not address this issue much less prohibit trailers in rural areas; and it is just a ticket for one neighbor to harass another. She stated given the huge number of trailers kept on properties in Brevard County, enforcement of the Ordinance would place a major percentage of residents in violation of the Code; how that section of the Ordinance ever came to be defies logic; and they feel the Board needs to address it in an expeditious manner.

Ann Coburn, member of the Carlson Homeowners Association, advised their request is to grant staff the authority to amend the Zoning Code regarding trailers and to reconsider the prohibition of cargo trailers; however, they were told the Zoning Code for the unincorporated areas is antiquated; so they would also ask it be rewritten to bring it up to date, with a caveat that special attention be given to the diversity of the population in the more rural areas of the County such as Mims, Grant, and Canaveral Groves. She stated many residents in Canaveral Groves prefer an isolated rural lifestyle with animals, birds, and natural plants, while some of the newer residents prefer a more suburban area with manicured lawns and formal gardens; and those residences are not separated and can be next to each other. She stated Mr. Enos mentioned performance zoning standards which would be good; but the rewriting could take considerable time and during the interim people could be getting tickets for having trailers on their properties; and inquired if there could be an interim adjustment to the Code to remove the restriction on trailers or a moratorium on tickets.

Commissioner Scarborough advised staff has visited the homeowners on a number of issues; and this is not the first time it has been discussed; however, he thought it would be appropriate to see if the Board has an interest in directing staff to go further.

Planning and Zoning Director Mel Scott advised the Zoning Code has been amended in a piecemeal fashion over the years; as a result, it has many internal conflicts relating to parking and storage of boats and trailers on site; and staff envisions an ordinance that takes a performance base approach, essentially, the out of sight, out of mind concept. He stated the Code counts the number of recreational vehicles one can have on site; however, the definition is flawed because it also includes equipment; so staff proposes to eliminate the counting and let people have as many vehicles as they want as long as they have a garage big enough to store them, fencing, or landscaping that is appropriate to shield them from the roadside and neighbors. Mr. Scott stated for larger items such as RV's and some boats on trailers, they would keep the numerical limitation to say one per family; there are provisions that allow parking a boat on the side of a house as long as it does not project pass the front line of the house; and staff envisions keeping some of that in place for bigger items. He stated for rural areas, there is a compelling argument that space can minimize aesthetic ills; so for larger lots, the view from the neighbor and roadside would be considered.

Chairman Carlson advised she overlooked a speaker, and apologized to Rae Williams.

Ray Williams advised she was cited for having a cargo trailer in her yard; she lives on a one-acre parcel in Canaveral Groves; the people have outgrown the old Code as they are more active today; there are many recreational sports going on involving motorcycles, four-wheelers, race cars, go carts, etc; they need trailers to haul them around; and it is too much to expect people to keep their trailers at a storage area. She noted many people leave their tools and vehicles inside the trailers; people who own horses are allowed to have trailers on their properties; and inquired why they should be penalized because their hobbies do not involve horses or livestock. Ms. Williams stated she can understand having restrictions where they can be stored on the property, but not allowing them at all seems farfetched; cargo trailers used for recreational purposes are becoming a part of life; they are sold everywhere, including Home Depot, mainly because the demand is there; ten years ago they were sold mostly to contractors; and no one ever dreamed they would become so popular with the general public. She thanked the Board for letting her speak; and noted it has been a tough road since she was cited for having a trailer.

Commissioner Scarborough stated the last time the Board had extensive discussion on this issue was when people in Port St. John did not like the way a motor home was parked horizontally across the front yard; it is interesting that what may be good for Canaveral Groves is different further north in Port St. John; so when the Board creates an ordinance it has to consider other developments. He stated performance zoning addresses the nature of the neighborhood because it talks about how it impacts the neighborhood; and perhaps that is a good way to go.

Motion by Commissioner Scarborough, to direct staff to proceed with amending the Zoning Code regarding cargo trailers and look at performance zoning as a means of satisfying the diversity of a community.

Commissioner O'Brien stated Villa de Palmas and Diana Shores would not want to see a 30-foot trailer in a neighbor's driveway or a cargo trailer parked on the street whether it is for a racing team or not; and it may be inappropriate for urban areas. Commissioner Scarborough stated Mr. Scott's comment on performance zoning was out of sight, no problem; so it would involve that person's capacity not to visually impact the neighborhood. Commissioner O'Brien inquired what would happen if property next to them is cleared and developed, and the trailer that was hidden is exposed; with Commissioner Scarborough responding it is the person's responsibility to hide the trailer from his neighbor and not his neighbor's burden. County Manager Tom Jenkins advised Commissioner O'Brien's intent may be to have different standards in urban and high-density suburban areas than those in rural areas. Commissioner O'Brien stated he can agree with that.

Commissioner Higgs stated when the Board first considered performance zoning, it thought if they could not smell it, see it, or hear it, it would be okay; but everybody did not share that concept. She stated the Board should not go too far down the performance zoning trail on this issue without bringing it back and testing the theory against the theory of people who are not here tonight and who may share the same theory. She stated she is not opposed to looking at it; but want it in small bits to test it against the perception others have to be sure it is consistent with what the neighborhoods think. Commissioner Scarborough stated the intent of the motion is to get a report from staff. Commissioner Higgs stated she does not want a huge report and would like to see a little one that deals with one of the issues then see what people think about it. Mr. Jenkins advised staff can bring concepts back without drafting an ordinance.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct staff to prepare a report on concepts for amending the Zoning Code to address storage of trailers and other recreational equipment and internal problems with the current regulations. Motion carried and ordered unanimously.

PUBLIC COMMENTS - DON WHIDDEN, RE: ZONING CHANGE

Don Whidden advised on September 21, 2000, at a zoning hearing, he was given the opportunity to get the zoning change from GU to ARR if he would sign a binding development agreement; and he was told Mel Scott would have the papers ready and he could sign them tonight. He stated Commissioner Higgs said the reason for the binding development agreement was so he would combine the two acres and not separate them again; but after reading the examples of the agreements that were given to him, they require obtaining the services of an attorney to explain to him his rights and talked about regulations and other regulations the Board may see fit to impose that he would have to adhere to. He stated it seems to talk about things that would be for a subdivision, but the Board is asking him to hold himself accountable for those items. He stated he cannot afford an attorney, so he looked at things at the Law Library and found an article concerning arbitrary and capricious regarding zoning, that said the Board cannot treat him differently from other property owners in his area. He stated across the street two acres has ARR zoning; down the block another two acres has ARR zoning; and further down the same street another two acres has ARR that were previously zoned GU. Mr. Whidden stated he does not have a problem with it because it does not infringe upon his plans to build a residence; but he wonders if it can be accomplished by going to the Property Appraiser's Office and combining the two lots into one to make it a two-acre lot; and before anyone can change it, it would have to come before the Board .

Commissioner Higgs stated she does not think that would accomplish what a binding development agreement would in terms of zoning because he could later divide the lot; but there should be a binding development agreement that would not require Mr. Whidden to get an attorney. Mr. Whidden stated he was given several examples; item 5 speaks of adhering to all ordinances of Brevard County and any additional ordinances the Board may see fit; and he does not know what those might be and does not want to enter into an agreement without knowing that. He stated Commissioner Higgs was concerned about the density; if it was zoned ARR on two acres, to split it into single one-acre lots would require it coming back to the Board; and inquired why should he be treated differently than other property owners on the same street who have two acres zoned ARR and one behind him with three acres zoned ARR.

County Attorney Scott Knox advised he does not know enough about the problem to answer Mr. Whidden's question; and maybe Mr. Scott knows about it. Mr. Whidden advised he discussed it with Ms. Busacca and she thought it would work out about the same; and he does not know why he would be singled out to sign an agreement for West Canaveral Groves when no one else in the area was asked to do the same.

County Manager Tom Jenkins inquired if it would suffice if the big issue is he not later subdivide the property, could something be recorded on the property; with Mr. Knox responding without knowing more about the circumstance, it would be hard to say yes or not, but he would be happy to have Mr. Whidden meet with him. Mr. Whidden stated he has no problem making it one lot and not being able to separate it again.

Commissioner Scarborough recommended Mr. Enos and Mr. Knox meet with Mr. Whidden right now to figure it out and return to the Board to take care of the problem. Mr. Whidden stated he has no problem with one lot, but it is the other things that he may leave himself open to that concerns him.

The Board postponed the request of Mr. Whidden until later in the meeting.

APPROVAL, RE: WORKSHOP DATES

Commissioner O'Brien advised the Board discussed performance zoning for Canaveral Groves tonight; and the February 27, 2001 workshop date to discuss performance standards may be jumping the gun. He stated April 12 workshop is to discuss air quality; he would hate to go into a workshop about a topic for which there is no problem; and he does not want to end up with an air quality office that would cost $500,000 to start and $300,000 a year to furnish when there is no bad air quality in Brevard County. He suggested moving the sign ordinance to April 12 and leaving May 22 open for a better topic.

Assistant County Manager Peggy Busacca advised are four issues, the Black Hawk Quarry where there were concerns about vibration standards, the noise standards, lighting standards the Board ask staff to work on with Parks and Recreation, and the particulate matter that concerns were raised about; so staff asked the consultant to talk about those four issues. Commissioner O'Brien noted he will withdraw his statement about meeting on air quality.

Chairman Carlson inquired if air quality and the sign ordinance could be consolidated; with County Manager Tom Jenkins responding the problem with the sign ordinance is giving notice. Ms. Busacca noted the sign ordinance could be moved to April 12. Commissioner Scarborough suggested a workshop in the morning and one in the afternoon so people do not have to come at 9:00 a.m. and waiting all day to be heard. Chairman Carlson agreed to assigning workshops in that manner. Mr. Jenkins inquired if the Board can do air quality in three hours. Chairman Carlson stated it would involve the consultant giving a perspective and possible ordinance then input and discussion.

Mr. Jenkins advised the CIP was added to April 19. Chairman Carlson stated she had hoped the cultural community plan would be presented before the TDC workshop. Mr. Jenkins stated that can be done and not do the CIP that day. Commissioner Scarborough stated the CIP does not involve the greater community so it can be scheduled in the even the workshop runs well; and if not, the Board can defer it.

Commissioner Higgs inquired about the CIP for Valkaria Airport; with Mr. Jenkins responding that is scheduled for an evening meeting.

Chairman Carlson if the CIP is in terms of structuring and how the Board is going to look at it in the future; with Mr. Jenkins responding the Board asked staff to come back with a series of projects to achieve excellence to be the best community. Commissioner Scarborough inquired if the entire staff will be brought in on that; with Mr. Jenkins responding yes. Commissioner Scarborough stated it can be tentatively scheduled.

Chairman Carlson inquired if the Scrub Habitat workshop is expected to last a long time; with Mr. Jenkins responding Mr. Peffer is not here, so he does not know. Chairman Carlson inquired if it is the Board's intent to schedule two issues at each workshop. Mr. Jenkins stated staff will not be ready with the CIP by March 13; and the cultural community plan will not be ready by then. Chairman Carlson advised she wants the cultural community plan presented prior to the TDC workshop.

Chairman Carlson inquired if the Board wants to schedule the CIP at 1:00 p.m. on April 19; with Commissioner Scarborough responding he would prefer to get the CIP report, have staff brief him, then get into Board discussion. Mr. Jenkins commented there will be some interest to discuss the CIP when the Board sees all the unfunded projects; and staff will get the report to the Commissioners as early as possible. Chairman Carlson recommended the CIP be scheduled on May 22.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve workshop dates as follows:

February 27 9:00 a.m. Performance Standards and Courthouse Options
March 13 9:00 a.m. Scrub Habitat
March 15 4:00 p.m. School Board
April 12 12:30 p.m. Air Quality and Sign Ordinance
April 19 9:00 a.m. TDC (Cultural Community Plan)
May 22 9:00 a.m. CIP

Motion carried and ordered unanimously.

The Board reached consensus to schedule one subject in the morning and one subject in the afternoon for workshops.

PUBLIC COMMENTS - DON WHIDDEN, RE: ZONING CHANGE (CONTINUED)

County Attorney Scott Knox advised they discussed Mr. Whidden's problem; there is no fast answer to his question to devise a way to solve the problem for him without running afoul of the Ordinances; staff cannot see a solution now and needs to study it; so they will call him to discuss it further.

Commissioner Scarborough stated when someone wants to work with the County and something is so complex that they have to hire an attorney, there is something wrong with the way the County is doing business. Mr. Jenkins stated Mr. Whidden said he would have to comply with ordinances and was uncomfortable because he was not sure what he was agreeing to. Commissioner Scarborough stated everybody has to comply with the Ordinances.

REPORT, RE: SETTLEMENT OFFER FROM MODERN, INC. ON WETLANDS

Chairman Carlson advised there was a memorandum from Assistant County Attorney Eden Bentley about Modern Inc.'s settlement offer on wetlands; and inquired if anyone was interested in discussing that; with Commissioner Higgs responding no. Mr. Knox advised there is another one that came in at 5:15 p.m. today.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 9:28 p.m.

ATTEST: _______________________________
SUSAN CARLSON, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
_____________________
SCOTT ELLIS, CLERK

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