The Board of County Commissioners of Brevard County, Florida, met in regular/zoning session on January 27, 1997, at 5:30 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Randy O'Brien, Commissioners Truman Scarborough, Nancy Higgs, Mark Cook, and Helen Voltz, Assistant County Manager Stephen Peffer, and Assistant County Attorney Katherine Harasz.

Commissioner Randy O'Brien led the assembly in the Pledge of Allegiance.

REPORT, RE: AGENDA SCHEDULE

Commissioner Cook advised there are a significant number of people here on one issue; and inquired if the Chairman wants to dispose of the routine matters first or take them as they appear on the Agenda.

Commissioner Higgs suggested going through the Agenda as is so no one feels slighted.

PUBLIC HEARING, RE: ZONING RECOMMENDATION OF OCTOBER 7, 1996, ITEM 8, PATRICIA LOUISE ISOBELLE RAMSEY VANCE

Chairman O'Brien called for the public hearing to consider the recommendation of the Planning and Zoning (P&Z) Board, made at its public hearing on October 7, 1996, on Item 8, as follows:

Item 8. Patricia Louise Isobelle Ramsey Vance's request for expansion of the Mixed Use District and change from AU to BU-2 on 5.51 acres located on the east side of North Courtenay Parkway, north of and adjacent to the Brevard County Deep Well Disposal Plant, which was approved by the Local Planning Agency for expansion of the MUD, and approved as BU-1 for a depth of 100 feet and BU-2 on remainder of the property by the P&Z Board.

Chairman O'Brien advised he talked to Michael Selig about the item; his concern is North Merritt Island being rezoned to BU-2; it was for 100 feet from the street and 200 feet from the street; and after he looked over the uses in BU-2, there are many that would not be good for the area, so they agreed to take care of things.

Michael Selig stated he thought their agreement of the towers were to take it off; with Chairman O'Brien responding the Board is reviewing the ordinance on towers. Chairman O'Brien passed the gavel to Vice Chairman Voltz.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to approve Item 8, as recommended by the Local Planning Agency and P&Z Board, with removal of the following permitted uses in BU-2: motor vehicles, utility sheds, mobile homes, billiard rooms, bottling beverages, bowling alleys, foster homes, group homes levels 1 and 2, parking lots, commercial restricted to boats and motor homes, but not trucks and buses, pawn shops, permanent commercial entertainment and amusement enterprises, television and broadcasting stations including studios, power plants and other incidental uses pertaining to such stations, ticket offices, and waiting rooms for common carriers, automobile sales and storage, crematoriums, outside sale of mobile homes and trailers, railroad, motor truck, water freight and passenger stations, roadside stand for sale of agricultural produce, drive-in theaters, flea markets, mausoleums, and treatment and recovery facility, as agreed to by the applicant's representative.

Commissioner Higgs inquired if the removal of those uses will be done by a BDP; with Zoning Official Rick Enos responding no, there is limitation. Assistant County Attorney Katherine Harasz advised specific uses can be limited voluntarily by the applicant.

Commissioner Cook stated he talked to staff about a number of the zoning items. Commissioner Voltz stated she did also. Ms. Harasz advised Commissioners should state what they talked about when the items come up. Commissioner Scarborough stated each Commissioner is briefed by staff on all the items. Commissioner Higgs stated briefing comments are made a part of the record. Commissioner Cook inquired if Mr. Enos concurs with that; with Mr. Enos responding yes.

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

PUBLIC HEARING, RE: ZONING RECOMMENDATIONS OF JANUARY 6, 1997

Chairman O'Brien called for the public hearing to consider the recommendations of the Planning and Zoning (P&Z) Board, made at its public hearing on January 6, 1997, as follows:

Item 1. Jacquelyn T. Warzecha's request for change from GU to ARR on 1 acre located on the north side of Olkowski Avenue, west of Satellite Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item 1 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 2. Jacquelyn T. Warzecha's request for change from GU to ARR on 1-1/4 acres located on the north side of Soggy Bottom Avenue, east of Satellite Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item 2 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 3. Industrial Steel, Inc.'s request for change from RU-1-11 to RR-1 on 1.4 acres located on the west side of Old Dixie Highway, north of Nicholson Street, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item 3 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 4. Industrial Steel, Inc.'s request for change from SR to AU on 4.6 acres located on the west side of Old Dixie Highway, north of Nicholson Street, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item 4 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 5. Glenn W. and Jean Cole's request for change from AU to ARR on 1.4 acres located on the south side of Airboat Avenue, west of Satellite Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item 5 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 6. Mark and Joan M. Terrone's request for change from GU to AU on 2.2 acres located on the west side of Pine Street, north of Areca Palm, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item 6 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 7. Roy S. and Patricia E. McDonald's request for change from GU to ARR on 1 acre located on the south side of Soggy Bottom Avenue, east of Satellite Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item 7 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 8. Brevard County Board of County Commissioners, on its own motion authorized administrative rezoning on which a development order was submitted initiating a consideration of a change in zoning classification pursuant to provisions of Future Land Use Element XIII, Policy 10.2, Brevard County Comprehensive Plan, as adopted on September 8, 1988, on 17.8? acres located on the west side of SR 405, north of SR 50, from GU w/conditional use permit (CUP) for land alteration, to PIP w/CUP for land alteration on Lots 30 and 35, and IU-1 w/CUP for Lots 31 and 32, which was approved as PIP w/CUP on Lots 30 and 35 and IU-1 w/CUP on Lots 31 and 32 by the P&Z Board.

Rodney Honeycutt, representing the landowner, advised PIP for the rear is fine, but they want IU-1 on the front because the use planned is not permitted in PIP. He stated they are contractors and the IU-1 will allow them to have equipment on the property. He advised the County's mulching facility is to the north and its recycling facility is to the south of the property.

Charles Moehle, President of Modern, Inc., owner of the property, advised Mr. Honeycutt is the Engineer on the job; and this is a follow through of the procedure started in 1992 when they had problems with the County and went through legal procedures and a stipulated settlement with the County.

Commissioner Scarborough advised there is a 400-foot buffer in the front of the mulching facility so there is no direct vision of the facility; there is IU on SR 405 but no IU-1; and recommended IU-1 on the lot behind Lot 31 and only IU on the front lot. He stated it is evolving into a commercial environment, and it would be more acceptable to have IU on the front lot and the equipment off the road on the back lot. Mr. Moehle stated the IU-1 was there before the Comprehensive Plan was adopted; the lots are 325 feet deep; and zoning regulations require parking behind structures. Mr. Enos advised a contractor storage yard is permitted in IU but not in PIP. Mr. Moehle stated that is not correct; he has a sale contract on the property; and if they lose the sale they will have a problem. He stated from the beginning he tried to cooperated with the County; they own 100 acres in the area and sacrificed for a lower price to bring Lowe's in; and they are doing all they can to upgrade the area. He stated the transfer plant, mulching facility, and recycling facility is in IU. Commissioner Scarborough stated the County facilities are set off the road. Mr. Moehle stated he would not have a problem with a 100-foot setback; and advised of their plans for the property. Commissioner Scarborough stated he needs to go to the site before he can feel comfortable. Commissioner Cook inquired if Commissioner Scarborough would be uncomfortable with 150 feet of IU; with Commissioner Scarborough responding everything is running about 240 feet or more; and heavy industrial use should be behind the front lot. Mr. Moehle stated Mr. Honeycutt said they can have the equipment on the property, so that is fine.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve PIP w/CUP on Lots 30 and 35, IU-1 w/CUP on Lot 31, and IU w/CUP on Lot 32 for Item 8. Motion carried and ordered unanimously.

Item 9. 4 G's of Brevard County, Inc.'s request for change from GU to ARR on 1 acre located on the south side of Soggy Bottom Avenue, west of Satellite Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 9 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 10. Robert E. Smith, Walter A. Cerrato, Jr., and Walter A. and Mary R. Cerrato's request for CUP for towers and antennae in AU zoning classification on 20 acres located east of the eastern terminus of Black Gum Drive, which was approved by the P&Z Board with condition for a conservation easement as offered by the applicant.

Commissioner Scarborough stated he received a lot of letters on this item.

Mary Hansen, representing OPM-USA-INC, stated she understands the tower moratorium, but did not have time to respond; this is not controversial because it is the third alternative, and they reduced the height to 330 feet so there would be no wetland impact; and there is no need for access. She stated they worked hard with the County, and would like to respond to the letters. She stated there are things they can do in terms of accepting conditions to the tower sites; and she understands the moratorium does not affect this application.

Commissioner Scarborough stated because of the letters and moratorium, it is not his inclination to approve the item, but if the majority of the Board wants to approve it, that is fine; however, if there is not enough votes, the Board would not need to hear expert testimony.

County Attorney Scott Knox advised he researched when the moratorium was enacted; it was announced on January 14, 1997, and became effective that day even though the ordinance has not been adopted. He stated applications taken after that day cannot be considered; and inquired when this application was received; with Mr. Enos responding the application was presented on November 5, 1996, and went to the P&Z Board on January 6, 1997. Mr. Knox advised the case law he reviewed requires consideration of applications filed before the moratorium date of January 14, 1997.

Commissioner Higgs advised in many instances the Board has continued public hearings, and there is nothing to stop that with this application.

Motion by Commissioner Scarborough to table Item 10 until new rules are in effect.

Mr. Knox advised depending on how gracious the applicants are, they could go to court because postponing it until after the regulations in effect puts them in the moratorium. He stated they should be processed and considered, but if the Board does not have enough information it could be continued.

Chairman O'Brien stated there is a moratorium in place, and the item can be tabled until the matter is cleared up and the Board decides what is good for the County. Commissioner Voltz stated the County Attorney said the Board could be sued if tabled until after the regulations are adopted; with Commissioner Cook responding the Board can approve it, deny it, or continue it. Ms. Hansen requested postponing the hearing until later in the meeting so they do not hold up the other people who are here.

The Board postponed Item 10 until later in the meeting.

Chairman O'Brien passed the gavel to Vice Chairman Voltz.

Item 11. Hubert V. and Thelma C. Bays and Charles C. and Jimmie M. Chandler's request for expansion of the Mixed Use District (MUD) and change from GU and IU w/pre-existing use to BU-2 on 2.59 acres located on both sides of North Banana River Drive, north of Dover Avenue, which was approved as expansion of the MUD by the Local Planning Agency, and as BU-2 by the P&Z Board.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to approve expansion of the Mixed Use District as recommended by the Local Planning Agency. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to approve BU-2 for Item 11 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 12. Anthony J. Falanga and Nunzio Falanga's request for change from BU-1 to BU-2 on 1 acre located east of North Courtenay Parkway, south of Chase Hammock Road, which was denied by the P&Z Board.

Anthony Falanga presented documents to the Board, and advised the property is zoned BU-1; it is directly behind his place of business; and his home is in back of it. He stated they want to put in storage units and not allow businesses out of them; he was told in 1991 it was recommended not to do everything at once because of cost; the scuba diving facility is done, and now he is ready to put in storage units; but he was told it cannot be done. He stated the whole parcel is seven acres; BU-1 has the store; and he needs BU-2 for the storage units; there are other BU-2 property in the area; there will be no gas station or liquor store; and he would be willing to enter into a binding development plan (BDP). Mr. Falanga advised he has 225 feet of setback; doors will open inside and not outside; it will be landscaped; and they will not have electricity except for security lights, so it would only be for dry storage. He noted most of the properties are BU-1 except where his home is which is AU; and explained the report he presented to the Board. He stated it is his livelihood and how he feeds his family, and nothing else can go in there the way it is set up.

Tom McFarland, President of North Merritt Island Homeowners Association, advised the Association discussed the rezoning at its last meeting; Mr. Falanga has been a good neighbor; however, the Board voted to request no change as it would set a precedent. He stated they have no fears that Mr. Falanga will do well, but the rezoning will stay with the property after he is gone, and the next owner may not be as good a neighbor as Mr. Falanga.

Mr. Falanga stated he understands their concerns because he lives there and would feel the same way, so he has no problems with a condition that if the property is sold, the new owner cannot do it. He stated it is a small and narrow piece of property; he does not know what could be put in there; and he wants to put in what he planned to do in 1989, but slipped through the cracks and did not get a notice.

Commissioner Cook inquired about retail use; with Mr. Falanga responding it would not be seen from the road, so his original plan was to have storage units which are not allowed now.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to return Item 12 to the P&Z Board for further consideration. Motion carried and ordered unanimously.

Commissioner Cook inquired about the fee; with Commissioner O'Brien responding no fee. Mr. Enos stated it would be like a tabling. Mr. Falanga inquired if he could meet with staff to say he has no problem with the storage being the only thing that will ever be on the property; with Chairman O'Brien responding Mr. Enos will explain the BDP.

Item 13. D.G.G. Investments, Inc.'s request for CUP for alcoholic beverages for on-premises consumption in BU-2 zoning classification on 0.52 acre located on the southwest corner of Clearlake Road and Terrace Street, which was approved as CUP for beer and wine accessory to food service by the P&Z Board.

Commissioner Cook advised it is a convenience store that serves sandwiches inside; it is not a restaurant; there are gas pumps; and the Board has not approved on-premise consumption for convenience stores.

Commissioner O'Brien stated there is a similar store on SR 524 in West Cocoa that does not sell beer and wine for on-premise consumption; and Commissioner Voltz stated it is the same in Palm Bay. Commissioner O'Brien stated it will set a precedent.

Eugene Carbone, representing the applicant, advised they have nine tables and serve full meals; they close at 9:00 p.m.; and it is not a bar, but he wants to serve a glass of beer or wine with meals.

Commissioner Cook stated other convenience stores may have the same argument; it is a deviation from what the Board has done in the past; and inquired at what point will the Board draw the line.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve CUP for beer and wine accessory to food service, served only to people sitting at tables, and not allowed to serve after 10:00 p.m.

Commissioner Cook advised the State rules require 50% food sales; with Mr. Carbone responding they are about there.

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to include in the motion that the CUP be in compliance with State license requirements for beer and wine.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve Item 14 as recommended by the P&Z Board.

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

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct staff to respond to Commissioner Cook's concerns about proliferation of similar operations, convenience stores having the same argument, deviation from what the Board does, which is not approve on-premise consumption with gas pumps and store inside, and at what point does the County draw the line. Motion carried and ordered unanimously.

Mr. Enos advised convenience stores are permitted in BU-1 and BU-2, and some in BU-1-A that cannot have alcohol. He stated it is not something that will happen on every corner, probably only in heavy commercial areas and at intersections.

Item 14. William H. Holzinger, Jr., Karen R. Faunce, William S. and Karen R. Faunce, and Jeffrey William Faunce's request for change from AU to RR-1 on 5 acres located on the south side of Berry Road, west of Indian River Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve Item 14 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 15. Pine Lake Mobile Home Estates, Inc.'s request for change from TR-3 to SR on 1? acre located on the south side of Eber Boulevard, west of Hollywood Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve Item 15 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 16. Gary L. and Jane H. Gerhard's request for change from AU to RR-1 on 1.3 acres located on the east side of Ponderosa Road, north of Valkaria Road, which was approved by the P&Z Board.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve Item 16 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 17. Coconut Pointe, Inc.'s request for change from RU-1-11 to RU-2-6, on 1.4159? acres located on the west side of A1A, north of Hall's Landing Road, which was approved by the P&Z Board.

Commissioner Higgs advised on January 23, 1997, she discussed the proposed development with the applicant; he gave her the history of how it came to be; and she would like to present it for the record. She stated the PUD reduces the density and is consistent with the Comprehensive Plan.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve Item 17 as recommended by the P&Z Board. Motion carried and ordered unanimously.

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

Chairman O'Brien called for the public hearing to consider an ordinance approving the Small Scale Plan Amendment 96S.6, which proposes to amend the Residential Densities Guidelines Map within the Future Land Use Map Series of the Comprehensive Plan.

Gene Eary, representing CVH Engineering, advised the property was zoned for two units per acre since 1979; the Land Use Plan went into effect in 1992 and split it to two units per acre on the west side and one unit per acre on the east side; they could put 26 lots on the west side; but what they want to do is have 26 units on 3/4-acre lots around the property rather than jamming them all on the west side. He stated the Local Planning Agency recommended approval.

Daan VanAlderwerelt, Simone Spiess, Arnold Dingman, Darleen Hunt, J. T. Webb, Mary Watkins, William Perdue, and Joyce Gumpher and Tom McFarland, representing North Merritt Island Homeowners Association, spoke in opposition to the Small Scale Plan Amendment, citing reasons as increase in density, destruction of the character of the area, drainage problems, flooding problems, threat to wildlife, and narrow road; and they all requested denial.

Mr. Eary advised he understands the concerns about the natural drainage and wildlife; they had to submit a plan with the 26 lots and have to go through different agencies; so they will not do what they are not supposed to do.

Chairman O'Brien stated he read the minutes from the Local Planning Agency meeting and spoke to Mr. McFarland and Mr. Enos; after conversations and considering what is occurring, one unit per acre is important because of drainage; and growth is good, but in this case growth will cause serious problems. He suggested the applicant go to the P&Z Board; and if it approves it, he could do a BDP for 3/4 acre lots with a detailed drainage plan. He stated too many septic tanks affect the Indian River lagoon; and the Board needs to prevent further pollution of the river. He passed the gavel to Vice Chairman Voltz.

Motion by Commissioner O'Brien, to deny the Small Scale Plan Amendment, and recommend the applicant consider applying to the P&Z Board and consider a binding development plan for 3/4-acre lots on both sides, and provide a comprehensive detailed drainage plan to address water volume and septic tank problems.

Commissioner Cook inquired if the motion waives the fee. Commissioner O'Brien inquired what is the fee; with Mr. Enos responding $530.

Commissioner O'Brien amended the motion to include waiver of the fee; and Commissioner Cook seconded the motion as amended.

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

The meeting recessed at 7:15 p.m. and reconvened at 7:30 p.m.

Item 19. Gerald and Nina Bruner's request for change from EU to EU w/BDP for maximum of two units on 2.35 acres located on both sides of S. Tropical Trail, south of Stockton Drive, which was approved by the P&Z Board.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve Item 19 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 20. Lavergne Williams and Ruth Beatty, Trustees' request for CUP for land alteration in IU-1 zoning classification on 11 acres located west of U.S. 1, south of the southern terminus of Pines Industrial Avenue, which was approved by the P&Z Board.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve Item 20 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 21. Lavergne Williams and Ruth Beatty, Trustees' request for CUP for land alteration in IU-1 zoning classification on 11 acres located west of U.S. 1 at the southern terminus of Pines Industrial Avenue, which was approved by the P&Z Board.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve Item 21 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 18. Cavalier Groves, Inc./Atico Financial Corporation's request for change from GU to AU and CUP for solid waste disposal facility on 50 acres located north of Micco Road and east of I-95, which was approved as AU w/CUP for mulching facility and air curtain incinerator by the P&Z Board.

Commissioner Higgs advised she talked to several people about the issue; met with Mr. and Mrs. Ed Kelley, Mr. John Damer, Mr. and Mrs. Syd Hanse, and Ms. Carol O'Connor who shared their concerns about the incinerator at the proposed location; and they asked questions regarding the agricultural zoning classification and what was going to be burned and what could be done in that classification. She stated Ms. O'Connor shared her experience at Deer Run and the issues they faced in that area, and showed her pictures; and she met on January 22, 1997, with Barbara Arthur, Elizabeth Zany, Scott Knox, Eric Hebert, Debbie Lugar, Dick Rabon and Rick Enos of the County Staff, along with John Smith, Joe Generazio, Flo Canham, Ken Black, Marie Bergamini, Mary Dobek, Corine Deloria, Mike Cunningham, and Kris Reisenback to discuss the zoning change. Commissioner Higgs advised the County Attorney indicated what substantial competent evidence must be presented to the Board, and expressed the need for expert witnesses and testimony from actual experience; and Mr. Enos indicated the Comprehensive Plan shows one unit an acre residential in the area, and the request is for AU which is one unit per 2.5 acres for 50 acres. She stated the proposed air curtain incinerator and mulching facility is being proposed at 3.6 acres, with a 200-foot buffer encompassing approximately 14.68 acres. She stated Mr. Rabon explained the permitting process for different kinds of solid waste facilities, air curtain incinerators, and mulching facilities, and stated the County had three incinerators in the past and other mulching facilities; and he explained the criteria for air curtain incinerators, and State permit fee. Commissioner Higgs advised a question was asked about emissions and if organizations have published articles on it; and Mr. Rabon discussed limiting items in an air curtain incinerator, noted if there is going to be a problem, it would be the improper operation of the unit, and stated if further expansion is done, it would require a new CUP. She stated they talked about land clearing debris and possible impacts on neighborhoods; Mr. Enos stated the application is for ten trucks a day; and the incinerator was explained as having smoke during the first potentially half hour at start up and possibly when loading. She stated the County permitted the site north of Deer Run and investigated a number of complaints; and she wanted to put all that on the record.

Warren Dill, Attorney for North Cypress Reserve, Inc., advised Tom Fortson, President of the Company, is also present. He stated he sat through the entire meeting and noticed until the last item which dealt with the amendment to the Land Use Plan, the Board did not have its five minute rule in effect; he cannot adequately represent his client in five minutes, ten minutes, 15 or 20 minutes; and it will take longer than that to adequately represent his client. He stated he has professional engineers, land use planner, Mr. Fortson here who want to say something, and he reduced his presentation as much as he could to expedite the hearing, but he cannot adequately represent his client in the five-minute time limit.

Chairman O'Brien advised generally the applicant is given ten minutes; and inquired if that is appropriate; with County Attorney Scott Knox responding the Board can give them ten minutes, but it can also waive the time limit if it wants to. Commissioner Cook stated normally the Board gives ten minutes at the beginning and then at the end for rebuttal; and inquired if Mr. Dill is saying that is not adequate; with Mr. Dill responding it is not. Commissioner Cook suggested giving Mr. Dill 15 minutes in the beginning and 15 minutes at the end, 20 at the beginning and 10 in the end, or 30 in the beginning and 5 at the end, and give everybody else five minutes each. Mr. Dill inquired how many cards were presented; with Chairman O'Brien responding 17. Mr. Dill stated 5 times the 15 or 20 cards is almost two hours of objections. Commissioner Cook stated he is not sure if the cards are for or against the item. Mr. Dill stated the majority would be against the request, and it is not fair to limit them to 15 minutes and 15 minutes if the objectors are going to have an hour. Commissioner Cook stated since he has been on the Board it has never done that; in fact, the Board is being generous giving him 30 minutes and wants to give him adequate time; but it cannot sit here for two hours and listen to Mr. Dill's presentation then take another two hours of testimony. He stated the Board would prefer not to put time limits on anybody, but at some point it has to have some limits. He stated he does not know how the other Commissioners feel, but that is his personal feelings.

Commissioner Scarborough stated he agrees with Commissioner Cook; people could demand four hours to make a presentation; 30 minutes is a substantial deviation from anything the Board has done before; and if it gives Mr. Dill 30 minutes, it will have to give others who request it the same.

Commissioner Cook stated it will be hard to tell other applicants they cannot have 30 minutes; the Board has always given ten and ten and if it changed it here, it will be difficult to tell the next applicant he cannot get 30 minutes; so he is leery of changing the Board policy at this point; and it is not unusual for the Board to ask additional questions and give additional time to respond.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve 15 minutes for Mr. Dill's presentation and 5 minutes for rebuttal at the end. Motion carried and ordered unanimously.

Attorney Dill stated he appreciates the Board's dilemma, but objects for the record, because it is not enough time for him to adequately represent his client. He stated he is surprised by the interest that has been shown in their small application, particularly in the news media and by the residents who live two and a half to five miles from the facility; the newspapers reported that Barefoot Bay chartered buses to come here; there are buses outside; the room is packed; however, zoning issues are not plebiscite and not based on head counts; but they are based on evidence and facts. He advised he has three items to present--(1) a rezoning of 50 acres from GU to AU, (2) one CUP for a solid waste disposal facility which is really a mulching facility, and (3) another CUP for a hot air curtain incinerator. Mr. Dill stated the mulching facility will be designed to primarily handle natural wood products that come from land clearing and yard waste exclusively; it will not be an open incinerator just to burn whatever comes in; and the hot air curtain incinerator will be limited to the sole function of burning stumps from the trees that do not make good mulch. He stated the stumps have to be disposed of; and the only practical way to dispose of them is to burn them through a hot air curtain incinerator. He advised the P&Z Board unanimously approved every one of their requests. He presented the Clerk, court reporter, and each Commissioner with a package of Exhibits, and explained each Exhibit in detail, including a sketch of what they are proposing, description of the hot air curtain incinerator, site distances, aerial photos, newspaper articles, a summary by Ms. Barbara Arthur of Commissioner Higgs' office, and zoning review worksheet. He stated County staff suggested the applications are consistent with the Land Development Regulations and Land Use Plan, and they are well within the acceptable levels of traffic. He noted staff's report on traffic contained an error; it stated they would generate 2,527 trips when they would generate about 44 to 50 trips a day; however, even with 2,527 trips, it is still within acceptable levels of service. Mr. Dill advised the uses they are proposing are considered to be acceptable uses within the zoning classification; Section 62-19 of the Zoning Code sets forth the criteria by which the Board must judge the project; it is the sole criteria approved by the Board; and it is the rules it must go by. He stated from a zoning standpoint, once the applicant addresses the items in the criteria, the burden shifts to the government which has an obligation to find some rule or regulation that says it cannot approve it; and in the absence of doing that, its hands are tied once the issues are addressed in a competent manner which he will do tonight with expert testimony. He stated the facility will be good for Brevard County; it will reduce the cost of construction by having a closer facility to bring yard waste and land clearing materials; it will take the pressure off the County's landfill; and it is environmentally sensitive. Mr. Dill advised they meet all the criteria of Section 62-19; there were no negative staff comments; the P&Z Board approved it unanimously; and they have to meet Department of Environmental Protection regulations, so there is no reason for the item not to be approved. He requested the Board approve their requests; and asked Joe Tessitore to advise the Board on the hot air incinerator from an engineering standpoint.

Joe Tessitore, registered professional engineer, advised he has been working in air quality for approximately 25 years; started with his first air curtain incinerator as a member of Department of Environmental Protection in 1974, looking at permitting those facilities, and calculating emissions and impacts; and he was asked to determine if it will comply with the regulations of the Clean Air Act, meet the carbon monoxide concentration, and meet the particulate concentration. He stated in the handout are tables, Table 3.3A shows a comparison of the particulate and carbon monoxide and the comparison between the national ambient air quality standards which they are required to meet by both State and federal laws; and they are substantially below those numbers, based on burning ten tons of trees an hour. Mr. Tessitore advised he included a comparison for open burning because a lot of agricultural lands are allowed by permit to open burn; the emissions from open burning are much more substantial because it does not get enough oxygen to destroy the carbon monoxide and convert it; and the emissions from open burning is at least 1,000 to 2,000 times higher than an air curtain incinerator. He stated the purpose of the comparisons was to show that they will comply with the federal regulations and State regulations on air quality; Department of Environmental Protection has to officially review it and issue a permit before the facilities can exist; and those facilities are allowed to only burn clean wood. He noted any wood that is painted, tainted, treated, or becomes involved in any chemical process cannot be burned at one of those facilities; it has to be natural wood; so it is basically burning trees. Mr. Tessitore advised the mulcher is part of the noise; and they measured the noise levels at various distances which is shown in Table 3.1. He stated based on nearest location and where the most probable locations are going to be, he does not see any impacts due to air quality, odor, or noise.

Mr. Dill advised under the County's criteria are things like off-street parking; and that is not an issue because they are 3,000 feet back from Micco Road. He stated refuse is not an issue; they will burn everything; and if anything comes in that does not belong there, there is a steel dumpster on site to take it to the landfill. He stated as for utilities, they do not require any utilities; as for screening and buffering, the 50-acre site is within a 350-acre site under the same control; the property has a number of cabbage palms that, from a distance, appear to be totally opaque, but they are not opaque because there is a distance between them; however from far enough away it creates a hedge effect and people will not see the facility. Mr. Dill advised as for signage and exterior lighting, they propose a small sign on Micco Road with no lighting; height, yards, and open space are not issues; they are not going to have any permanent structures on the site; so the majority of things the Board is supposed to look at are not issues in this case.

Chairman O'Brien advised Mr. Dill he will have five minutes to rebut when all speakers are done. Commissioner Higgs requested their land use planner made a statement for the record.

Les Solin advised he has 30 years of planning experience, 15 years in the public sector at the county, regional and city levels, and 16 years as President of Solin and Associates, Inc., and they specialize in working with local governments. He stated 99% of his work is with people like the Commissioners; they have done over 100 elements of comprehensive plans and land development regulations for 14 Florida communities; and their work has been acknowledged with awards from the American and Florida Chapters of the American Planning Association as well as the Florida Department of Community Affairs. He stated he is past Vice President of the American Institute of Certified Planners, is a certified planner certified by that entity, chaired the Ethics Committee, and currently is Chair of the Professional Practice Committee. Mr. Solin advised he was asked to answer three issues; the first issue is if the proposed zoning is consistent with the Brevard County Comprehensive Plan; and the Board already heard testimony that it is, and its staff said it was. He stated the criteria the staff and he used in arriving at that opinion was a matrix that is sited in Section 62-1255 of the County's Zoning Code; it refers to policies and list of policies of Section 1.6 of the Comprehensive Plan; and that policy sites five specific factors that the Board should look at in considering whether or not the zoning is consistent with the Comprehensive Plan. He stated one of the criteria is whether the site is so environmentally sensitive as to not be a good site for the proposed zoning; that site was originally a citrus grove; for the last 20 years it has been operated as pasture; and on a three-year schedule there is a controlled burn for environmental conditions; and that precludes rare or endangered species from harboring on the site. Mr. Solin advised as to land use compatibility, the site is located in a very isolated area of South Brevard; the land immediately to the north, south, east and west is undeveloped; and there is no residential development within two and a half miles of the site. He noted his testimony has been given to the Board as Exhibit 11, and cites the residential subdivisions that are located within 2.5 to 3.4 miles away; the site is quite isolated with no development on surrounding properties; and one would have to travel 2.5 miles to experience urban environment; so in his opinion, the site is a fine example of the type of area which the proposed use should be located on since very few sites evidence the isolation from urban development demonstrated by the subject site. He stated as to available public facilities, the site does not need urban services; urban services are not in the area; therefore, the County does not or should not anticipate any residential development within the area in the near future. Mr. Solin advised hurricane evacuation capabilities is another factor cited in the Comprehensive Plan Policy 1.6; the area will have no permanent residences; and if it generated any trips in the incidence of a hurricane it would be extremely negligible. He stated a major issue he was asked to address is whether the subject property is consistent with specific Brevard County standards for approving the proposed rezoning from General Use to Agricultural Residential AU; Section 62-1151 cites five criteria; the first is land use compatibility which he already addressed; the second is has any major changes occurred in the area or the site since the property was zoned; he already told the Board the history of the site; and he did not do a detailed investigation of the history of properties within the area, but everything within 2.5 miles of the site is undeveloped, so it satisfies that criteria. Mr. Solin stated traffic patterns have already been addressed; the proposed land use classification or conditional use is consistent with plans in the affected area; and there is a total absence of urban services so the area does not have the appropriate public facilities to accommodate urban development. He stated the third issue he was asked to address is if the proposed use is consistent with the specific County criteria for granting a conditional use; the proposed conditional use will be compatible with the general purpose and intent of that Chapter and the applicable zoning; it satisfies all the conditions of zoning as well as the Comprehensive Plan; and it is consistent with Brevard County policy. He stated the proposed conditional use will not result in detrimental impact on the surrounding property based on the number of persons anticipated to be using, residing, or working under the conditional use, or the degree of noise, odor, or potential nuisance factors generated with the conditional use. Mr. Solin advised they have stated all the information the Board needs to answer that question; his evaluation for the record, is that the use will have no adverse impact on the area; and the proposed use will be reasonably compatible with the character of the surrounding property and its function, during the time in which it is operated, and also based on the amount of traffic to be generated, the building size, setbacks, and relevant factors.

Chairman O'Brien advised Mr. Solin he has gone far beyond the time allowed by the Board; and asked if there are some positions he finds important in the wrap up period, he can address those at that time. Mr. Solin stated he will acknowledge the Chair's request for him to sit at this moment, and everything in his testimony is included in Exhibit 11 which he will encourage the Board to look at before it makes a decision. Chairman O'Brien stated the Board will recognize Exhibit 11 as being Mr. Solin's entire speech. He requested speakers not be repetitive in their remarks to the Board and to hopefully bring forth substantial and competent evidence.

Carol O'Connor, resident of Deer Run, advised her house backs up to the old incinerator site; presented photographs showing what a smokeless incinerator is; and stated a smokeless incinerator is smoke 24 hours a day 7 days a week for five years. She stated the incinerator the County approved five years ago blatantly violated the law, and there was nothing they could do until they had a massive fire, and the taxpayers had to pay to control that fire. She stated the smokeless air incinerator was open burns; it was never functional; so they waited until a convenient hour at 5:00 p.m., torch it, and let it burn all night. Ms. O'Connor stated they worried about the safety of their homes; there would be smoke all day; and at 5:00 p.m., they would torch it again and they would have open burn all night. She stated they called Mac Brown to come out when it was out of control, and he stayed out there with investigators and finally got it shut down. She stated they were not just burning yard debris, they were burning anything they found on a cleared lot, so she does not believe the separation proposed because it did not work for them. Ms. O'Connor stated they had fumes that could have been from paint or poisonous plants; she is not sure what it was, but they were violently ill; and nobody would listen to them; and she cannot believe the Board is considering opening another one. She stated she could not open her windows; she could not go out by her pool; there were ashes all over her house; and her pets and horses had ashes in their eyes. She stated it was a living nightmare; no allergy or sinus medicine could stop it. She stated they say what does it have to do with her if she lives 2.5 miles from this proposed incinerator; the distance is not that far; she travels Micco Road which is the only road between Babcock and U.S. 1 and I-95; and if they get the kind of smoke she experienced at her house, it would be dangerous. She stated the Board can talk to Mac Brown and does not have to take her word for it; the quality of life was zero where she lived; they say 2.5 miles is far, but it is hardly any space at all; and there will be car accidents and fatalities, and people could hold the County liable for those accidents. She stated it made a mistake once and it was a total failure for everybody involved; so they do not want it in South Brevard. She stated Tom Fortson can take it to Fellsmere, Apopka, or where the other man lives.

James Morgart, resident of Deer Run, advised the diagram of the air curtain incinerator given to the Board is the same as the incinerator which was located at Deer Run with the same technology; it is not smokeless; and presented a picture taken during the day well after midday when the 30 minutes of smoke in the morning was gone and from 2/3rds of a mile away. He stated it had a very large horizon, and the treeline was totally inundated with smoke because they had an inversion in the air currents and all the smoke came down. He stated the P&Z Board did not approve the item, it makes recommendations to the Board; and the Board does not have to look for regulations and rules not to approve something, it simply has to look at the facts that are presented; and the photographs, maps, and incinerator diagram are facts, but the fact that it is smokeless is speculation disapproved by the photographs. Mr. Morgart stated there is a different between open burning by special permit from the County; that is a one-time event; it may cause a little discomfort to a few people in the immediate area, but it is not constant burning five days a week; and the fact that they have burned the land off once a year does not mean anything, in fact they burned off the extreme east portion of that land a week ago and the fire was out by 8:00 p.m., but when the people left the Micco Homeowners meeting, all the smoke was there and over I-95 like a dense fog. He stated the fact that the area is undeveloped does not mean the area is now a dumping ground; that area north and south of Micco Road is one of the few remaining areas in South Brevard that is an asset to the County in terms of development because it is one of the few areas that have 100-acre plus lots available which are relatively high and dry in most cases and can be developed; and that is the tax base for the future. He requested the Board look at the facts and photos, supplement the diagrams, and show exactly what happens when the diagrams are put into place.

Commissioner Higgs inquired if Mr. Morgart has any training or background in the identification of air curtain incinerators or any testimony he has given; with Mr. Morgart responding he has only the same background as the Board; he looked at the technical data and planning information that was presented to the Board many years ago when the one behind Deer Run was approved; and it is not smokeless. He stated he has also seen the diagrams associated with the proposed incinerator and knows exactly how they supposed to work; but it is still a fact that even if they circulate that area rapidly enough to where the smoke is totally invisible, it will still have odor and smoke. He stated he had the privilege of living by an incinerator for three years.

Ed Keeley, stated the best laid plans of mice and men often go astray, and pencil to paper sounds good, but putting it to practice is something else again. He inquired what type of safeguards are there for people who live in the area, and what is it that the Board is going to make sure is put into the plan that will give them guarantees that it is going to be done right. He stated the applicant asked for 50 acres, but is only going to use 3.6 acres; and inquired if he could expand the operation on the 50 acres as long as he stays there, or does he have to come back to the Board for another permit every time he wants to go beyond the 3.6 acres. Mr. Keeley advised the Press Journal had an article about a mulch facility which had a fire; he doe snot know how many thousands of gallons of water and man hours it took for the Fire Department to keep it under control and make sure it did not flare up again; and the applicant is going to have water to take care of fires, but who is going to put out the fire if it occurs. He noted mulch piles stacked around can cause fires.

Mr. Dill advised Frank Farley is with his group and will not be speaking.

Lois Beglau advised she has serious lung disease; many people in Barefoot Bay are seriously ill; there are over 8,000 people in their community; and most of them could not be here tonight because of their health. She stated a little smoke is too much for them; when there is a control burn, they have to close all their windows and doors and turn the air filters on; and constant smoke in the area is going to be a death sentence to many of them, including her. She stated they moved from Detroit where they had a lot of industrial fumes; she worked at a factory that burned her lungs; they moved here because of the lack of air pollution; and it would not be clean air if the Board approves an incinerator on the property. She stated if it is going to help the County, it should be put in the center of the County.

Joseph Generazio read an article from the Press Journal mentioned by Mr. Keeley, as follows: "Two days mulch fire put out. A mulch fire that kept fire fighters busy for two days is finally out. It appears to be out at this time although there are very large piles. The fire was reported early Friday morning by Chip Harvester at their 41st Street address. A deep-seeded fire burned inside a mulch pile that was 25 feet high, 80 feet wide, and 60 feet long." He stated they feel that some of those things are going to be happening here too; if there are two or three days of rain, they cannot burn and it will pile up; and the article said the fire started they believe by spontaneous combustion which could happen very easily with a match if they have to get rid of the piles. Mr. Generazio stated they put in 96,000 gallons of water; they do not have a fire department that can transport that around here; he has been a resident of Barefoot Bay for 22 years; and they have one of the best fire departments. He stated Micco has become known as the garbage dump area of Brevard County; they tried to put a solid waste landfill down there; they were going to put a black top factory down there; and now this incinerator is being considered there. He stated it was rumored that Mr. Fisher is leasing the land; and if it is him, he should take it to Indian River County where he lives.

Warren Edwards advised he worked in the largest landfill in the world for 27.5 years; they were told that it was going to close in five years; that was in 1950 and now it is 1997 and they are still operating. He inquired if the incinerator is going to only handle waste from Brevard County or is it going to take in waste from Indian River County; and if so, why should it be in Brevard County. He stated if they have to get the incinerator, it should be limited to Brevard County waste only.

Nancy Rogers advised wood smoke pollution was recognized long ago on a worldwide basis to be harmful to health; it degrades the livability of communities; smoke contains a long list of gases and chemicals, as well as tiny particles known as PM10 which stands for particulate matter less than 10 microns in diameter. She stated PM10 is so small that the body's natural defense mechanisms cannot keep them from entering deep into the lungs where it can damage and change the structure of lung tissue which can lead to serious respiratory problems. She stated when the air is polluted, it can cause serious health problems; children and the elderly are especially at risk from PM10 pollution; and it is a known fact that staying indoors will not protect them because airborne particles that small easily enter the house until the pollution level inside can be almost as bad as outside. Ms. Rogers advised there are numerous studies available on PM10 pollution caused by wood burning conducted by many universities and governments worldwide; all studies and surveys concur on the same findings; PM10 pollution is detrimental to health; and the American Lung Association has this to say about it: "Particulate matter, air pollution, is especially harmful to people with lung disease such as asthma, and COPD which includes chronic bronchitis and emphysema. Lung disease is the third leading cause of death in the United States. Exposure to particulate air pollution can also trigger asthma attacks and cause whizzing, coughing, and respiratory irritation in individuals with sensitive airways. Particulate matter is thought to be responsible for as much as 25% of 'excess' jets in some polluted areas. At the present time, air quality is at the forefront of the environmental agencies EPA agenda. Recently new national air quality standards have been proposed specifically concerning particulate matter. EPA is accepting public comments on the new proposals and final new regulations are expected in June, 1997." She stated the so-called control burns as well as huge uncontrolled burns recently in Valkaria are definitely harmful to health, but those are not every day occurrences; they are bad for everyone; smoke and ash cover the neighborhoods and cause great discomfort to many, to say nothing of a possible runaway brush fire endangering homes; but now the Board is considering approving a so-called state-of-the-art commercial incinerator which will be burning every day and if successful financially will be expanded. Ms. Rogers stated there are health hazards and safety hazards involved with the mulching making aspect of the operation; the mulch operation in Vero Beach had fires in the past and were giving recommendations about reducing the size of their mulch piles and putting in a perimeter road; they did all that and still had another fire; and it took two days and 96,000 gallons of water to put it out. She inquired if the fire departments have that capability and is it available in Micco. She stated it should be a major consideration. She stated free mulch is available from Brevard County; anyone can get it by the truckloads for free; so she questions the applicant making money on mulch.

Lynn Mickley stated it was said many years ago that taxation without representation is hell; and those were words spoken by citizens who soon found themselves in a revolution. She stated they are 9,000 strong in spirit, sometimes frail in form, which makes the decision of those involved so puzzling; seniors with lung cancer, cardiopulmonary problems, emphysema, etc.; and it has been said mulch, grass, etc alone will release mold and fungi into the air space. She stated the quote in the Press Journal and debris is certainly a red flag as well; and asked Commissioner Higgs where was she when their taxes were high for their type of housing, their insurance tripled, and their phone calls were long distance to call the American Cancer Society's Office, and their doctors in their own County. She stated for all the above reasons and the frail citizens in particular, this will impact not only the value of their real estate but also their health and quality of their lives. Ms. Mickley stated first they were to have a development that was going to leech into the lagoon; then a garbage dump, and now an incinerator; sometimes they feel they are living in the black hole of Calcutta because from Valkaria south to the County line Mr. Dill has said they are in the middle of nowhere; and where is Commissioner Higgs now. She stated they were there during election; and requested she represent and protect them. She stated it should end with the incinerator moving to a site somewhere in the State that is not habitated. Ms. Mickley asked County Attorney Scott Knox if they have redress in a broader sense as a citizen of Brevard County when they become ill in a society such as this which is quite litigious in nature; and do they look forward to a bunch of lawsuits because people have become ill. She stated she had cancer twice; her doctors told her to avoid smoke; and she hates to think what the incinerator will be spewing and what kind of material will be spewing into her living space.

Chris Riesenbeck advised she asked Solid Waste Management Director Richard Rabon how many permits have been issued for that type of incinerator, and he told her there were three issued, one is at Watson Paving Company in Rockledge, one at Robert Connors, Inc. in Eau Gallie, and the Deer Run one which is now closed. She stated she visited Mr. Connors' establishment, spoke to him, and gave him the drawing they were presented and he said it is identical to his unit; when she arrived at Mr. Connors' establishment, there was black smoke in the area; she asked him if the smoke was there all the time; and his comment was when it is burning it is smoking, but he dissipates the smoke over a 600,000-acre ranch to the west; therefore, he does not burn unless the wind is blowing westward, and he does not let it blow over I-95 or the communities to the east. She asked Mr. Connors what happens if the wind shifts; and he responded he has two men on site at all times to put out the fire if the wind shifts, and to put out the fire at the end of each day with water from the site. Ms. Riesenbeck advised Mr. Connors told her the wood that is brought in have trees involved; they cut them up and send them out to lumber yards which is another impact on the roads. She stated she talked to the flea market next to the facility and ask them if there was smoke from his facility, and spoke to another area in the vicinity which did not know the incinerator plant was in existence because he only burns when it is going away from their properties. She stated Mr. Connors told her, from looking at the proposed plant, that it would either affect Deer Run if it went westward or Barefoot Bay if it went eastward; and if it went over I-95, there would definitely be a problem. She said she asked him how often could they anticipate inspections of the facility, and he told her inspections are done twice a year. Ms. Riesenbeck advised she went to Micco Fire Department after the article appeared in the paper regarding the mulch burning in Vero Beach, and asked them what would happen if a similar circumstance happened on the property; the Fire Department said there is a six-inch well available on the property which is free flowing; there is no pump so there is no way for him to pump water from the well; and he would have to use canal water or the 3,000 gallon tank that they have, which is all the water that would be available at that time. She stated there is enough water from the well to put out fires on a daily basis, but there is not enough for emergencies; he also said there would have to be a road put in back to the facilities to accommodate the trucks coming in because if they got back there and got stuck, the fire equipment could not get in either. She stated Mr. Connors commented, as she left his facility, that they do not need it in Barefoot Bay; and she agrees with him.

E. M. Cunningham, Secretary and Chairman of Legislative Committee for Micco Homeowners Association, advised Wayne Earl, New England Representative of Aqua One Corporation out of Vancouver British Columbia, furnished them a report which he asked to give to the Board and let it decide whether it was germane to the issue; a meteorological and climatological study by Eric Renison of Micco is also submitted for the Board's consideration of approval or denial; and Mr. Earl's report is a report by the Natural Resources Defense Council on something Ms. Rogers alluded to which was particulate air pollution. He presented the Board as part of the package, the results from that study for Melbourne, Titusville, and Cocoa, Florida, and a packet of 13 photographs which he will allude to later. Mr. Cunningham advised at the P&Z meeting of January 6, 1997, they asked from where and by what routes would debris be transported to the site; and the questions were predicated on: (1) whether there were real or potential fire hazards in an area of dense vegetation and if there was sufficient access to the property by fire and other emergency equipment in the event of a catastrophe; and (2) would the poor condition of Micco Road add to the already hazardous situation and increase the time period of deterioration to an already stressed roadway. He stated access to the property by public safety vehicles, unless of a specific type such as four-wheel drive vehicles, is inadequate to protect the area; standard fire equipment, rescue ambulances, and law enforcement vehicles would not be able to navigate once north of Micco Road; photo #2 shows a primitive dirt track running from Micco Road to the site; the tract is 14 feet wide and not the 25-foot stabilized roadway which is shown on the applicant's survey map; and any vehicle being forced off the track to the right would immediately enter a two-foot deep fire break trench which borders the track. Mr. Cunningham stated the square area on the photo will show that a recent fire jumped the track trench; and a construction type trailer, apparently being taken north towards the site, left the track, became bogged down, and can be seen in the area at an angle to the right. He noted at the P&Z meeting the applicant stated fire hazards would be minimized on the site because a large tank truck similar to that maintained by the fire department would be kept there; on January 7, he interviewed Ron Beatty, Chief of the Micco Fire Department, which is the primary responding agency, and he said the Department does not have nor has had such a piece of equipment, and he was familiar with the area and said should a serious fire break out, standard equipment would be unable to respond north of Micco Road without the possibility of danger to both personnel and equipment. Mr. Cunningham stated Chief Beatty believed such an operation was not needed or compatible to the general area, and said there is an existing six to eight-inch flowing well which is insufficient for the purpose intended. He stated he will not go into the photographs unless there are questions; and they are numbered and deal with specific areas off and on Micco Road. He stated at the P&Z meeting he brought up the subject based on phone calls he received, of whether or not the operation was a transfer of an operation in Indian River County which was experiencing difficulties and which had to find another site; unfortunately the answer was not forthcoming; subsequently, they began to investigate for the purpose of confirming or dispelling the information they received; and it was never their intention and has not been their intention to interfere with accepted business practices of any person or group of persons; however, when their government is directly affected or the welfare of their residents, they feel it is incumbent upon them to cry out. He stated on January 24, 1997, they confirmed from two sources that NationsBank had sold the property to Henry Fisher; in addition, it was learned that Mr. Fisher purchased not only the 50 acres in the overall application, but the entire 340 acres and did so on an outright basis and without contingency; so it now appears they have an unknown third party in this equation whose intentions were not disclosed heretofore.

Chairman O'Brien advised Mr. Cunningham that he is way beyond his time limit. He stated the map can be turned in to the Clerk for evidence. Mr. Cunningham presented a map to the Clerk as evidence.

Mary Dobeck submitted a petition with 250 names from residents of Snug Harbor who are concerned with all of the issues that were mentioned and more that will be mentioned.

Flo Canham, First Vice President of the Homeowners Association and soon to be President, at their meeting there was standing room only with over 300 people; she has more than 100 people here tonight from Barefoot Bay; and they are all concerned. She stated she received many calls from people with respiratory problems worrying about their future health in Barefoot Bay; and several people spoke on it, so she will not take the time. She presented petitions with close to 2,000 names to the Board.

Attorney Dill advised the first two speakers had problems with their homes from what they said; he cannot verify that or testify to it, but from what they said, he believes them; however, that was somebody else. He stated the Board cannot penalize the applicant because somebody else was open burning; that person did a wrong thing, a bad thing, and has since been shut down; and that is how the system works. He stated if it does not perform properly, the County has a review process; Department of Environmental Protection comes in and shuts it down; and the same thing will happen to them if they do that, but they are not going to do that; however, if they do, there is a procedure in the law to take care of it. He stated the rest of the comments are from people who mean well; they believe what they say, but it is speculation and fear; there was no expert testimony presented to the Board to support what they were saying; and it takes facts and evidence for the Board to turn this down and it has not heard that. Mr. Dill advised the fire plan is Exhibit 7 of the package he presented; there will be three to four employees on site at all times; and they are all trained in fire prevention. He stated there is a 3,000 gallon tanker truck that will be on site all the time; there will be a fire hydrant installed at the flow well that irrigates the entire field that any fire department can hookup to; and there will be a stabilized access road back to the facility where trucks will be able to get in if necessary. He stated Mr. Cunningham acted as if it was a big deal that the property was sold; Henry Fisher purchased the property after the P&Z meeting; it was in the newspapers in Indian River County; and it was part of a tax-free exchange. He stated Mr. Fisher sold a tremendous amount of Sebastian River waterfront property at a very good price to Indian River County; and as part of that, it was tax-free exchange transaction; and there was no secret to it./ He requested to have Mr. Tessitore give the Board information on smoke and particulates.

Mr. Tessitore advised some of the issues on particulates were well taken; Nancy Rogers spoke about there being a new regulation for PM10; and that is correct because PM10 is the type of particulate people inhale; so before this thing gets permitted, Department of Environmental Regulations will look at it and say they meet or do not meet PM10 and carbon monoxide; and if they do not, they will not get a permit to burn. He stated if it does not meet PM10 at the property line, they will not get a permit from the State agency; and that is what they are there for. Mr. Tessitore stated in terms of what went on in the other incinerator, he has seen air curtain incinerators where the motor that was used after a period of time was not calibrated and not blowing air any more, so to save a buck, they just open burn; they say it is an air curtain but they open burn; and when Ms. O'Conor talked, she said the guy was open burning and he was putting a torch to it under the guise of an air curtain. He stated part of the requirement is that they have to operate those things accordingly; and it does not matter how high tech it is, because if they do not run it the way it supposed to be run, it does not do any good.

Mr. Dill advised the number of people who are for or against the petition is really not relevant or proper consideration in determining the merits of the application; and if the Board based every decision on a nose count, it would be a government of individuals and not a government of laws. He stated he trusts the Board has the courage to approve their application based on the facts presented and the law, and that it is not swayed by the shear number of people who are opposed to it, because without the courage to do the right thing, there is no democracy.

Commissioner Higgs advised in the information presented by Mr. Cunningham, there was one thing that was not specifically addressed that was in the report from Eric Renison who lives on River Grove Drive in Micco; Mr. Renison has experience in meteorology, eight and a half years in the Air Force and 12 years in civil aviation; and he pointed out "I'm very concerned about the close proximity of I-95. Approximately a quarter of a mile is very close. Whenever the wind is from an easterly direction smoke and fumes can affect visibility on the highway. The short distance involved will not allow the dissipation of smoke fumes before it reaches the highway." She stated that will be part of what was submitted. Commissioner Higgs advised there are two issues tonight, one is the issue of zoning, and the other the issue of the conditional use permits; GU is a holding category which is general use until such time as someone makes a specific proposal on how to use the property; and looking at the Future Land Use Map that was presented in staff's report for this item, it shows residential for the property. She stated abutting the property to the east is RR-1; abutting the property to the south is GU, and to the west is TR-2 which is also residential. She stated the Future Land Use Map indicates that it would be suitable to make a change in the zoning on the property; however, there are other issues; and it is possible that the Future Land Use Map and Comprehensive Plan will allow AU on the particular site; however, in reviewing the standards in Section 62-1901, in regard to CUPs, she does not believe an air curtain incinerator and a mulching facility should be allowed on the site. Commissioner Higgs advised Section 62-1901, Subsection B states, "the proposed conditional use will not result in a detrimental impact on surrounding property based upon the number of persons anticipated to be using, residing, or working in the area, the degree of noise. . .the proposed use will be reasonably compatible with the character of the surrounding property in its functions, hours, type, amount of traffic generated. . ." and in this particular situation, she does not believe an air curtain incinerator and mulching facility are compatible with the surrounding uses based on the Future Land Use Map and Zoning Map that were presented to the Board. She stated an air curtain incinerator and a mulching facility, other than an agricultural area, are not permitted except in an industrial land use; she does not see any industrial land use anywhere near the area or the particular site; the Board is allowed to grant a CUP under conditions which are unique; and it says under 62-1901, subparagraph H, Subsection 2, that there are other considerations peculiar to the proposed conditional use; and those conditions are the surrounding area. Commissioner Higgs stated there is no industrial use; the Board has the situation of a major highway, I-95; it has the surrounding Future Land Use Map; and while she can support AU on the property, she cannot support a CUP on the property; so based on the evidence, if the Board wants her to put a motion on the floor, she will be happy to do that. Chairman O'Brien advised Commissioner Voltz wants to comment.

Commissioner Voltz stated Mr. Dill said the Board should not make decisions based on the number of noses in the audience, and he is right; however, when she agrees with those noses that are sitting in the audience, then those noses count for something. She stated she was born and raised in Pittsburgh, with smog, and fog, and smoke; she does not have a lung problem, but that does not mean down the road it is not going to happen; her husband is also from the same area; and it does not mean that he will not have lung problems. She advised she is a geriatric nurse and takes care of many elderly patients with lung problems; most of them do not smoke and never smoked; but it comes from their previous environment. She stated just because no one sees smoke coming out of one of the incinerators does not mean there is not something coming out in the air that is affecting those people's lungs; and at those ages in Barefoot Bay, their lungs are extremely sensitive and need to be taken care of very cautiously. Commissioner Voltz stated she had a son who died from lung disease so she is very familiar with lung diseases and what the air quality can do to lungs; and there is no way she can support anything like this incinerator.

Commissioner Cook stated the applicant's representatives say it is smokeless, yet people said they have seen smoke; and inquired which is it; with Mr. Dill responding if an air curtain incinerator is used the way it is designed to be used under Department of Environmental Protection standards which it has to meet, it will have absolutely no adverse effect on anyone. Commissioner Cook inquired about visible smoke; with Mr. Tessitore responding there is nothing that takes place that does not have some emissions; no one can light a fireplace without emissions; and one of the biggest impediments to health that they have in air quality is the automobile. He stated whether it is called smoke and can be seen or cannot be seen, at the distances that they are going to be set back, from 200 to 400 feet, it is going to meet the air quality standards of Florida and the United States. Commissioner Cook inquired if there will be visible emissions; with Mr. Tessitore responding sure. Commissioner Cook stated so it is not smokeless; with Mr. Tessitore responding it is smokeless in the sense that whatever comes out of it will meet the criteria for being acceptable for people to live there. Mr. Tessitore stated if they do not see visible smoke, they will see a heat plumb, similar to the emissions from cars or fireplaces; any time something is ignited combustion goes on and there has to be products of combustion; and even if the wood is put in the dump, when it degrades and the methane and hydrogen sulfide form there are emissions; there are emissions that have health effects if not as much as what is seen from burning it; and it is just that they are insidious and are not seen. He stated the more serious thing is not the particulates that are seen but the carbon monoxide that are not seen; carbon monoxide will affect and kill without smelling or seeing it; and that is even more insidious; so those are the kinds of things the Board is talking about. He stated if the Board does not feel the State agency is going to protect anybody from those tings, then it should have people dropping dead all over the place; the State agency has the criteria; he has been to Pittsburgh and it is a very clean city now; they put in high tech things; and what they did 50 years ago has no bearing on what goes on in Florida today. Mr. Tessitore stated he was born in Chicago and can show the Board steel mills that had no pollution control, but that has no relevance to what is going on with current technology; if the technology is used right, they call it a smokeless incinerator because it does not emit anything that jeopardizes people's health; that is what they mean by smokeless; and is it totally invisible, no. He noted if he were to tell the Board it was, he would be lying.

Commissioner Cook advised it is a 50-acre site; 3.6 acres are proposed for use; and inquired what would be the capacity to expand beyond that or do they foresee expanding; with Mr. Dill responding it is designed to be a very small facility right now; he is not going to tell the Board there is no potential for expansion; of course there is; but before they can expand, they have to come back to the Board and go through this procedure again. He stated the Board is only permitting 3.6 acres for the CUP; that is the only area that the mulching and burning can take place in; the rest of the 50 acres is a buffer area along with the 300 acres that surround the 50 acres; and in order to expand, they have to come back again and go through the same process.

Mr. Tessitore stated since it was brought up that somebody submitted a meteorology report, he wants to go on the record stating that when it gets submitted to Department of Environmental Protection, the level of meteorology expertise that they have and the amount of computer modeling they do to see if it fits into the local area in terms of proper land concentrations go way beyond what somebody has casually submitted, unless there is extensive credentials and studies, because Department of Environmental Protection will do an extensive meteorology package and will consider inversions, etc.; and that is what they are paid for and the reason they are there.

Commissioner Cook advised he has serious concerns about the item, but based on the facts and the law, he does not believe what the Board heard tonight is credible substantial evidence to deny it; and if the Board denies it based on what it heard tonight, it is going to go to a judge who will overrule it. He stated he has serious concerns about the entire project and the visible emissions, etc.; but there was nothing presented that in a court of law would be considered credible substantial evidence; 2,000 signatures is not evidence; one of the Board's rulings was quashed based on the fact that the judge thought the Board considered the signatures when it consider the type of zoning; it has to comply with the State law; if they do not comply with the State law, and look at it based on credible substantial evidence, a judge is just going to quash the ruling. He stated even though he has serious reservations about this item, he can tell the Board, it has no real evidence on the other side that will hold up in a court of law.

Commissioner Scarborough inquired about the facility visited by one of the speakers, and inquired if Mr. Rabon is aware of that operation; with Mr. Rabon responding yes. Commissioner Scarborough inquired if what the lady said is true; with Mr. Rabon responding to some extent it is, some of the operators in the past are not the best, and how it functions is entirely up to the skill of the operator. Mr. Rabon stated if the operate runs it in accordance with the criteria, it works well; and if he does not or is not trained or paying attention, it can cause the type of smoke the Board heard about today. Commissioner Scarborough inquired if they are inspected semi-annually; with Mr. Rabon responding they are supposed to be inspected by the State at least on a semi-annual basis; the County sees them more often than that, about four to six times a year; and they will investigate all complaints. Commissioner Scarborough inquired if it is possible to issue a CUP where they pay for the County to have someone on site to constantly monitor the operation and close it down immediately if they violate the laws. He stated there is nothing in the State mechanism that satisfactorily gives assurance; the only way to attain that is to assume additional responsibility; and if the County does it, it should be at the applicant's expense. He inquired if that is possible; with Mr. Rabon responding yes, the criteria that has been set for permitting those facilities has been established by the Board; and it can put in any type of conditions it wishes. Commissioner Scarborough stated he does not know where the Board wants to go, but his thought is if it wants to proceed with permitting, it needs to integrate into the CUP sufficient controls that are borne by the applicant, such as personnel on site with capability to monitor constantly, have monitoring equipment paid for by the applicant, and authority to close it down even permanently if it is not acceptable, because two out of three is not a good track record. He stated somebody said they do not have evidence; well the evidence is it does not work; and he does not plan to have three out of four failures.

Commissioner Higgs stated with staff's record and information, the Board has substantial competent evidence to deny the permits; the maps do to provide industrial use in the area; it is AU residential; and the Board should stick with zoning compatible with those and deny the CUP.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Item 18 as AU, and deny CUP for solid waste disposal facility and mulching facility.

Commissioner Voltz inquired if it is owned by the same man who has Deer Run; with Mr. Dill responding it has nothing to do with the Deer Run facility; they have two CUPs, one for mulching and one for the hot air incinerator. Commissioner Higgs stated her intent is to deny both CUPs. Commissioner Cook stated monitoring paid by the applicant was not required in the past; the Board could limit the hours of operation and truckloads; and expansion will have to come back to be re-permitted. He stated it will go to court and will be overruled.

Commissioner Voltz stated they probably will take the Board to court, but she cannot allow her vote to decide there will be emissions for anyone who has lung problems. Commissioner Cook stated to deny the request the Board needs competent evidence and more information from staff or continue it until it gets the evidence, otherwise the court will throw it out and say the Board did not do its job. Commissioner Voltz inquired if the County can get expert testimony saying it does not belong there and it is detrimental to health. County Attorney Scott Knox stated the Board could have somebody evaluate it to see the pros and cons, but it cannot hold them up to do that. Commissioner Cook inquired if the County Attorney is comfortable with the evidence it has tonight; with Mr. Knox responding he would have to read it in court. Commissioner Cook stated he needs more expert testimony to vote for or against it and he would like scientific evidence what those emissions mean.

Commissioner Higgs advised when the Board's action was overturned in court, it was for procedural issues of not allowing the applicant to speak and leaving the property in a specific zoning code; the motion does not do that; and it puts them in a category. She stated the Board listened to evidence from both sides and gave the applicant due process; the maps show there is no zoning in the area for industrial use; and it is a proper decision and adheres to the standards the courts hold it to. She stated it is proper and provides a fair decision.

Motion by Commissioner Cook, to table Item 18 until February 20, 1997 and direct staff to get additional information. Motion died for lack of a second.

Commissioner Scarborough stated if the system is not working, it is flawed; and inquired if the Board can expect more than semi-annual inspections by the State.

Discussion ensued on monitoring, limiting operation, expert witnesses, more information, health and safety issues, and tabling the item for 30 days.

Chairman O'Brien called for a vote on the motion. Motion carried and ordered; Commissioner Cook voted nay.

Chairman O'Brien advised the motion combines the zoning and CUPs. Mr. Enos stated the zoning is approved and the CUPs are denied. Commissioner Higgs stated the property is GU, under the motion it is AU, but the CUP for the mulching facility and incinerator is denied.

The meeting recessed at 9:36 p.m., and reconvened at 9:48 p.m.

Item 22. Joalco, Inc.'s request for change from IU and GU to all IU and CUP for truss manufacturing plant on 9.33 acres located on the west side of Cox Road, one mile north of SR 520, which was approved as IU and CUP for truss manufacturing plant denied by the P&Z Board.

Gary Frese, Attorney representing the applicant, advised it is a unique situation dealing with a zoning request for a truss company that has been in existence and operating in the same fashion for eight years and employs 90 people; and it is the largest supplier of trusses in the County. He stated the complaints came last summer about the noise; Cox Road is an arterial road and the west side is industrially oriented; the east side is rural residential with a horse ranch and fisherman's place being the closest residence; and Fenner Road is residential. He stated they never had problems in the past; the truss plant requires a CUP; they have two parcels, with the back parcel zoned GU; and they are requesting IU with a CUP for truss manufacturing. Mr. Frese advised prior to October, 1996, the truss plant operated from 6 a.m. to 2 a.m.; last year the neighbors complained and they took step to reduce the noise and only operate from 7 a.m. to 6 p.m.; and they moved the saw from the side to the back, and moved two saws indoors to eliminate the outdoor noise. He stated his client purchased a plant in Ocala and will move the operation; the operation meets criterion; the situation is unique because it has been there for eight years without problems; and it has tried to solve the noise problem and will relocate the business within one year. He stated the engineer will give the Board a report on the noise levels.

Rob Lee of Lee Engineering, advised he prepared the sound study to determine the sound levels; and the last page of the report is a scale representation. He explained in detail the different sounds

and decibels from the seven monitoring stations, including traffic sounds; and noted the City of Melbourne permits for commercial and industrial has an average of 60 db's; and the facility complies with those standards.

Commissioner Scarborough advised the Board did not adopt decibels because different sounds have different degrees of noise; however, the truss plant has ongoing sounds and traffic comes and goes.

Jim Schultz, Arthur Eide, George Hamilton, Kathy Woodhouse, Manuel Azevedo, Hubert McMeans, Gerald Cox, Larry Azevedo, and Harold Newsome addressed the Board in opposition to the CUP for a truss manufacturing plant based primarily on continuous noise from hammering, nail guns, boom boxes, and saws.

Attorney Frese advised it is an industrial area; the front of the plant is zoned IU for a lumber yard and does not need a CUP; the back needs a CUP to assemble trusses; and all the noise in the evening has ceased due to reduced hours of operation. He stated they will accept conditions with the permit that they will be out of the area in one year, and will appreciate the Board's consideration.

Commissioner Cook advised this item is different in that it has verifiable problems with noise; ongoing noise is the worse kind and affects the quality of life; and he is inclined to approve IU, but deny the CUP for manufacturing of trusses, but give them a transitional period.

Chairman O'Brien recommended not enforcing the Code until September 30, 1996 so the company will not be under the gun unless there is a noise violation after 7 p.m. Commissioner Cook inquired if the Board cold do something to allow them time to move from the location; with County Attorney Scott Knox responding yes. Commissioner Cook inquired what date; with Chairman O'Brien responding October 1, 1996 would be reasonable.

Commissioner Higgs inquired if the Board could put conditions on the CUP such as no amplified sound offsite, operating hours of 7 a.m. to 6 p.m. be complied with, and no more than one outdoor saw in operation.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve Item 22 as IU, subject to no amplified sounds offsite, operating hours of 7 a.m. to 6 p.m. be complied with, and no more than one outdoor saw in operation, as accepted by the applicant's representative; deny CUP; and direct Code Enforcement to abate any action until October 1, 1997, unless there is a violation of the Noise Ordinance.

Commissioner Voltz stated there are 90 employees of the business; it will only be there temporarily; and it is not a pleasure for the residents to listen to it, but the Board should not make the mistake of turning it down as it needs to do what it can to prevent the loss of businesses. Commissioner Cook stated the residents appreciate it because they can see the end of the noise.

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

Item 23. Phyllis E. Smith's request for change from RU-2-10 to BU-1-A on .35 acre located on the northwest corner of SR A1A and Terrace Shores Drive, which was approved by the P&Z Board.

Robert Pavia explained a map of the surrounding uses, picture of the neighborhood, and stated it will enhance the neighborhood and not decrease property values.

Commissioner Voltz inquired what are the plans for the property; with Mr. Pavia responding, the owner has contract to sell it for a convenience store or barber shop. Zoning Official Rick Enos advised a convenience store will require a CUP. Mr. Pavia stated it would be a gift shop rather than convenience store. He stated they have a man who wants to buy it and put in a store to cater to the neighborhood.

Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve Item 23, as recommended by the P&Z Board.

Commissioner Higgs expressed concern about the change, as it should be at a collector/collector intersection; the rear of the property would be inconsistent to put BU-1-A on that and maybe RP would be better because it intrudes into the neighborhood.

Commissioner Voltz stated the property south of that is zoned BU-1-A and is smaller at the top and there is a house directly above that and that is BU-1-A and the same situation.

Perry Coleman, Broker with Indian River Realty, advised the properties are not owned by the same person; the problem is it is 57 feet wide at the top; it needs a 50-foot right-of-way but cannot do it because the lot is 57'x75'; but it has to be better than what is there now and will improve the area.

Commissioner Voltz advised the lot directly to the south has the same situation. Mr. Perry stated the site plan requires a wall. Commissioner Higgs inquired if a wall is required; with Mr. Enos responding it was but it is not any more. Commissioner Cook stated there was a wall to separate residential and commercial, but it was to come back because of problems; and recommended Mr. Enos research that. Mr. Enos stated it is part of the site plan regulations and he will pass that on to the appropriate staff. County Attorney Knox stated if the Board wants to be sure it has a wall it can put it as part of the condition of approval.

Commissioner Voltz amended the motion to include requirement for a wall. Chairman O'Brien called for a vote on the motion as amended. Motion carried and ordered unanimously.

Item 10. Robert Smith, Walter Cerrato, Jr., and Walter A. and Mary R. Cerrato (continued)

Mary Hansen, representing OPM-USA-INC., presented aerial photo of the area; and commented they do not smoke or make noise. She stated the President of OPM-USA is here; they tried to get big sites for buffering; it is a 20-acre site; and they put in conservation easements and do what they can to reduce the impacts. She stated the tower will not be seen behind the trees; it is a heavily wooded area; and the County has standards for removal of trees so they cannot be removed without a permit. She stated they had an MAI appraiser do a complete review of property values; there should be no adverse effect on residential property if they have 100-foot buffer; and there is no effect on property values. Ms. Hansen advised it will complete the OPM network; it is a co-location site; her client owns the tower which will service several antennae for different companies; and it will not interfere with televisions and telephones because if it did, the FCC would not license it. She noted it is the last site for a tower; they worked hard on it; they could not find anything else within that area; and they would appreciate the Board's consideration.

Commissioner Scarborough inquired if the nearest tower is half a mile away; with Ms. Hansen responding the State's tower is at SR 46 and I-95. Commissioner Scarborough recommended delaying the item so he can go to Spruce Hills to look at it.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to table Item 10 until February 20, 1997 Board of County Commissioners meeting. Motion carried and ordered unanimously.

DISCUSSION, RE: CONDITIONAL USE PERMIT PROCESS

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to table discussion on the CUP process until February 20, 1997. Motion carried and ordered unanimously.

DISCUSSION, RE: ZONING CODE AMENDMENT PROCESS

Motion by Commissioner Higgs, seconded by Commissioner Cook, to table discussion on Zoning Code amendment process until February 20, 1997. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - LYNN HANSEL, VICE PRESIDENT OF GREAT OUTDOORS RV/GOLF RESORT, RE: PROPOSED ZONING ORDINANCE AMENDMENT

Lynn Hansel advised he sent a letter to the Chairman requesting Rick Enos be allowed to work with him on a proposed amendment to the Zoning Code; they have 1,200 square-foot cabins and carports and busports that have been growing; and they need to consider changing the DRI.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize staff to work with Lynn Hansel, Vie President of the Great Outdoors RV/Golf Resort, on proposed amendments to the Zoning Code regarding recreational vehicle park destination resorts. Motion carried and ordered unanimously.

DISCUSSION AND STAFF DIRECTION, RE: DEPARTMENT OF COMMUNITY AFFAIRS FINDING OF "NOT IN COMPLIANCE" REGARDING 96A. GRISSOM PARKWAY. 1

Planning Section Manager Mel Scott advised the amendment involves a 230-acre Mixed Use District proposal at the proposed Grissom Parkway/I-95 interchange; it is part of the 96.A amendment; and it was the only amendment found not in compliance in that package. He requested direction from the Board on how to proceed; and noted Option 1 gives staff authority to continue to work with the applicant who has agreed to become a partner with the County and overcome the Department of Community Affairs' objections.

Commissioner Scarborough indicated the objection lies in the question of whether there is an economic need; the State asked for the market in Port St. John area; there could be outlet malls, motels, hotels, and restaurants along I-95 that exceed the community needs; however, it is well located and has an economic need. He stated Mr. Robertson said is client would pay for everything the State wanted; and he did not want to interfere but did send things to Randy Ball and asked him to sent it to the State to get a response on the methodology of interpreting community needs as opposed to other things. He stated local residents go to Shoneys to eat; however, it is marketed for I-95; and if there was no market, Cracker Barrel or Red Lobster could not be talked into going out there because they know where they can make money.

Commissioner Cook stated bureaucrats in Tallahassee making decisions on the local economy and whether it makes economic sense is absurd; and that is government out of control.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize staff to proceed with Department of Community Affairs' remedial actions to bring 96A.1, Grissom Parkway, into compliance, and coordinate with the applicant to execute tasks required by Department of Community Affairs.

Commissioner Higgs advised she opposed the transmittal and adoption; it is much too large and the percentage of wetlands on the property makes it unacceptable under the County's Ordinance to be developed as commercial; and she will oppose it again.

Chairman O'Brien called for a vote on the motion. Motion carried and ordered; Commissioner Higgs voted nay.

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

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

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