The Board of County Commissioners of Brevard County, Florida, met in regular session on November 30, 1999, at 9:03 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Sue Carlson, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Helen Voltz.

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

REPORT, RE: URBAN SPRAWL WORKSHOP AND FAC COMMITTEE MEETINGS

Commissioner Carlson distributed written materials; stated her Aide Duwayne Lundgren attended the Urban Sprawl workshop sponsored by the Urban Land Institute; and the materials were very informative and addressed a lot of things the Board discussed in the past. She reported on various FAC committee meetings she attended; and recommended the Commissioners review the materials to see if anything is worthy of discussion before the March, 2000 Legislative Day.

RESOLUTION, RE: COMMENDING BRUCE AND RUBY WATSON ON THEIR 50TH WEDDING ANNIVERSARY

Commissioner O'Brien read aloud a resolution commending Bruce and Ruby Watson in the celebration of their 50th wedding anniversary on December 16, 1999 and recognizing their philanthropic contributions and support of the community.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Resolution commending Bruce and Ruby Watson on their 50th wedding anniversary. Motion carried and ordered unanimously.

Bruce Watson expressed appreciation to the Board; and stated Brevard County has been good to them. Members of the Watson family stood in recognition of Mr. and Mrs. Watson.

APPROVAL OF MINUTES

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve Minutes of the July 27, and August 24, 1999 Regular Meetings, and August 10 and 12, 1999 Special Meetings of the Board of County Commissioners. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING ROBERT CALDWELL

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution commending Robert Caldwell for his years of service to the people of Brevard County. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT WITH PORTOFINO DEVELOPMENT CORPORATION FOR IMPROVEMENTS IN PORTOFINO BAY SUBDIVISION

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution releasing the Contract with Portofino Development Corporation for improvements in Portofino Bay Subdivision. Motion carried and ordered unanimously.

UNPAVED ROAD AGREEMENT WITH WILHELM REINDL, RE: TREASURE LANE

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Unpaved Road Agreement with Wilhelm Reindl to construct a road within the right-of-way of Treasure Lane to obtain a building permit. Motion carried and ordered unanimously.

CONTRACT WITH THE VIERA COMPANY, RE: IMPROVEMENTS IN VIERA TRACT 12, PARCELS 1-3, PHASE 5

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Contract with The Viera Company for improvements in Viera Tract 12, Parcels 1-3, Phase 5. Motion carried and ordered unanimously.

CONTRACT WITH THE VIERA COMPANY, RE: IMPROVEMENTS IN VIERA, TRACT K

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Contract with The Viera Company for improvements in Viera Tract K. Motion carried and ordered unanimously.

CONTRACT WITH BAYTREE DEVELOPMENT JOINT VENTURE, RE: IMPROVEMENTS IN BAYTREE PUD, PHASE 2, STAGE 1

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Contract with Baytree Development Joint Venture guaranteeing improvements in Baytree PUD, Phase 2, Stage 1. Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to accept Right-of-way Deeds from Pulte Home Corporation, The Viera Company, and The Devereux Foundation for Baytree Drive Extension upon completion of construction. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING MULTIFAMILY RESIDENTIAL SECTIONS OF THE LAND DEVELOPMENT REGULATIONS TO PERMIT MULTIPLE SINGLE-FAMILY RESIDENTIAL STRUCTURES ON A LOT OR PARCEL

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant permission to advertise a public hearing to consider an ordinance amending multifamily residential sections of the Land Development Regulations to permit multiple single-family residential structures on a lot or parcel. Motion carried and ordered unanimously.

INTERLOCAL AGREEMENT WITH CITY OF MELBOURNE, RE: WROBEL PLACE WATERLINE MSBU PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Interlocal Agreement with the City of Melbourne for construction and installation of a potable water system in Wrobel Place Waterline MSBU. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE WITH CHARLES HELLER, RE: GARDEN STREET/CARPENTER ROAD INTERSECTION IMPROVEMENT PROJECT

Commissioner Scarborough stated he is not directly involved with this as an attorney, but over the years he has represented the Heller family in various matters; and he will abstain from voting.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Contract for Sale and Purchase with Charles Heller for Garden Street/Carpenter Road intersection improvement project at $28,000. Motion carried and ordered; with Commissioner Scarborough abstaining.

RENEWAL OF CONTRACT WITH COMMERCIAL MOWERS, RE: LANDSCAPE MAINTENANCE ON WICKHAM ROAD AND JUDGE FRAN JAMIESON WAY

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to renew the Contract with Commercial Mowers to provide landscape maintenance on Wickham Road and Judge Fran Jamieson Way from December 17, 1999 through December 16, 2000, under the same terms and conditions as the original contract, at estimated annual costs of $107,478 for Wickham Road and $4,200 for Judge Fran Jamieson Way. Motion carried and ordered unanimously.

CHANGE ORDER NO. 4 WITH STORMWATER & UNDERGROUND, INC, RE: OFF-ROAD VEHICLE PARK SITEWORK

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve Change Order No. 4 with Stormwater & Underground, Inc. for the Off-Road Vehicle Park site work, increasing contract price by $4,208.19 for repair to the base asphalt at the spot of an unforeseen water leak. Motion carried and ordered unanimously.

CHANGE ORDER NO. 4 WITH BRPH CONSTRUCTION SERVICES, INC., RE: EMERGENCY OPERATIONS CENTER AND 911 DISPATCH CENTER

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve Change Order No. 4 to Contract with BRPH Construction Services, Inc. for construction of additions and renovations at Emergency Operations Center (EOC) and the 911 Dispatch Center, increasing contract price by $7,329.34 and time by 18 days, to comply with requirements not identified by the City of Rockledge during the plans review and permitting process. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH JAM CONSTRUCTION SERVICES, INC., RE: LONG POINT PARK BATHHOUSE

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve Change Order No. 1 with JAM Construction Services, Inc. for construction of a bathhouse at Long Point Park, increasing contract price by $1,371.90 for an alternate footer system and contract time by 48 days due to inclement weather and permit delays. Motion carried and ordered unanimously.

CHANGE ORDER NO. 2 WITH HEARD CONSTRUCTION, RE: HABITAT GOLF COURSE PRO SHOP

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve Change Order No. 2 to Contract with Heard Construction for construction of the Habitat Golf Course Pro Shop, extending the Contract time by 7 days due to disruption of construction by Hurricane Floyd. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS FOR ARCHITECTURAL AND ENGINEERING SERVICES, APPOINT SELECTION AND NEGOTIATING COMMITTEES, BID AND AWARD BID FOR CONSTRUCTION, AND AUTHORIZE EXECUTION OF CONTRACTS, RE: FIRE STATION #41 ON MERRITT ISLAND

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant permission to advertise request for proposals for architectural and engineering services for Fire Station #41; appoint Bill Clifton, Bill Farmer, Hugh Muller, William Jenkins and Henry Minneboo or designees to the Selection Committee; appoint Bill Clifton, Bill Farmer and Henry Minneboo or designees to the Negotiating

Committee to negotiate with the first ranked firm, and to continue to the next ranked firm until a contract is negotiated; and grant permission to bid construction of Fire Station #41, award bid to the lowest responsible bidder, and authorize the Chairman to execute contracts with the A&E firm and contractor. Motion carried and ordered unanimously.

WAIVER OF RESIDENCY REQUIREMENT POLICY, RE: REPLACEMENT HOME FOR RHONDA CURRY

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to waive the provision of Replacement Housing Policy requiring ten-year residency for replacement of Rhonda Curry's home, based on a dire need for better living conditions for her and her children. Motion carried and ordered unanimously.

AGREEMENT WITH CHILDREN'S SERVICES COUNCIL OF BREVARD COUNTY, RE: FLORIDA HEALTHY KIDS INSURANCE PROGRAM

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Agreement with Children's Services Council of Brevard County to provide local match premium payment to Florida Healthy Kids Program for health insurance coverage for eligible low-income children at a cost of $135,020. Motion carried and ordered unanimously.

AGREEMENT WITH DEPARTMENT OF COMMUNITY AFFAIRS AND BUDGET CHANGE REQUEST, RE: LOW INCOME HOME ENERGY ASSISTANCE PROGRAM

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Agreement with Department of Community Affairs for $205,627 of Low Income Home Energy Assistance program (LIHEAP) funds for FY 2000; approve a Budget Change Request for $102,814 to cover expenses from April to September, 2000; and authorize the Chairman to execute any follow-up amendments to the Agreement. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: SUNSET REVIEW REPORT FOR LIBRARY SERVICES FOR FY 1999-2000

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to acknowledge receipt of the Brevard County Library Services Sunset Review Report for FY 1999-2000 which was supported by the County Library Board. Motion carried and ordered unanimously.

RESOLUTION, EASEMENT AND AGREEMENT WITH CITY OF PALM BAY, RE: BOARDWALK CONSTRUCTION AT TURKEY CREEK SANCTUARY

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution authorizing the transfer of a boardwalk within Sandy Pines parcel of Turkey Creek Sanctuary to the City of Palm Bay; execute Ingress/Egress and Boardwalk Easement granting the boardwalk to the City; and execute Agreement agreeing to reimburse the City for materials at an estimated cost of $13,000. Motion carried and ordered unanimously.

APPROVAL, RE: PRIVATE SALE OF SURPLUS PROPERTY

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize private sale of .63 acre in Township 24 South, Range 35 East, Section 13, Subdivision 02, Lot P located on North Boulevard off SR 524 in Cocoa North Subdivision, as the property is surplus due to size and shape and has an assessed value of less than $15,000. Motion carried and ordered unanimously.

RESOLUTION AUTHORIZING DRAW FROM TAX EXEMPT COMMERCIAL PAPER PROGRAM, RE: RENOVATION OF SPESSARD HOLLAND GOLF COURSE

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution authorizing a draw of $1,540,000 from the pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission for renovations to Spessard Holland Golf Course; and authorize the Chairman to execute all documents needed to close the commercial paper draw. Motion carried and ordered unanimously.

AUTOMATIC AID AGREEMENT WITH OSCEOLA COUNTY, RE: FIRE AND EMERGENCY MEDICAL SERVICES

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Automatic Aid Agreement with Osceola County for fire and emergency medical services for Fellsmere Grade area. Motion carried and ordered unanimously.

AGREEMENT WITH DR. PAUL BURGER, D.V.M., RE: VETERINARY SERVICES TO NORTH ANIMAL CARE CENTER

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Agreement with Dr. Paul Burger, DVM, to provide veterinary services for North Animal Care Center at approximate cost of $4,500 a year. Motion carried and ordered unanimously.

EASEMENT AGREEMENT WITH BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND, RE: BREVARD COUNTY SHORE PROTECTION PROJECT

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Easement Agreement with Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, represented by the Division of State Lands, Department of Environmental Protection, for the Brevard County Shore Protection project. Motion carried and ordered unanimously.

RENEWAL AGREEMENT WITH BREVARD COMMUNITY COLLEGE, RE: RECORDING AND BROADCASTING OF REGULAR COMMISSION MEETINGS

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Renewal Agreement with Brevard Community College for recording and broadcasting of regular Commission meetings over Channel 68-WBCC-TV, for calendar year 2000 (January 1-December 31, 2000). Motion carried and ordered unanimously.

APPROVAL OF SHERIFF'S GRANT APPLICATION TO DEPARTMENT OF COMMUNITY AFFAIRS, RE: PURCHASE OF MOBILE COMMAND POST

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve Grant Application to the Florida Department of Community Affairs, Division of Emergency Management, for $100,000 to procure a Mobile Command Post and attached 800 MHz extendable antennae, requiring $50,000 local match provided by the Sheriff's Grant Match Escrow Account. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: REVISED INTERNAL AUDIT OF PRESCRIPTION CARD PLAN

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to acknowledge receipt of revised internal audit of Prescription Card Plan. Motion carried and ordered unanimously.

APPROVAL OF AMENDED STIPULATED FINAL JUDGEMENT, RE: BREVARD COUNTY VS. DAIRY ROAD PLANT FARM

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to grant approval of Amended Stipulated Final Judgment in the Brevard County vs. Dairy Road Plant Farm, Inc. case. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH HOLLAND & KNIGHT, RE: BOND COUNSEL RETAINER

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to execute Amendment to Agreement with Holland & Knight to extend term of Agreement until terminated by either party, at $185 per hour for miscellaneous consultations and ancillary services. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

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

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN FAY LAKE WILDERNESS PARK - PARKS AND RECREATION DEPARTMENT

Chairman Higgs called for the public hearing to consider a resolution vacating rights-of-way in Fay Lake Wilderness Park as requested by Parks and Recreation Department.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution vacating rights-of-way in Fay Lake Wilderness Park as requested by Parks and Recreation Department. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PORTION OF HAMMOCK TRAIL - HEATHER CALLIGAN

Chairman Higgs called for the public hearing to consider a resolution vacating portion of Hammock Trail as requested by Heather Calligan.

Rodney Honeycutt stated the request is to vacate Hammock Trail which goes through a parcel of land which was recently rezoned for RV's; and it was agreed in the Binding Development Plan that they would apply for the vacation of the right-of-way to address concern of the local property owners about the additional traffic from the development and the school bus stops on Turpentine Road. He stated there is also an advantage to the owner for it all to be one tract for the development because Hammock Trail splits the tract. He stated the purpose of Hammock Trail was for a drainage ditch and access to the ditch; the drainage ditch had been there a long time; and when the previous property owner died, his wife gave the right-of-way to the County. He stated a portion of Hammock Trail will remain not vacated, and they have agreed to cul-de-sac the end of the road for the property owners. He stated the existing Hammock Trail right-of-way is 100 feet wide, the drainage ditch is 70 to 80 feet wide, and there is an 18-foot wide dirt road. He stated the County is concerned about the drainage ditch; and they have provided the County with an easement for maintenance of the ditch. He stated there are portions of the road and ditch that are not in the existing right-of-way; and the easement will actually clean that up. He stated on each end of the vacated right-of-way, there will be a gate with a lock; and the County will have access at all times. He stated it is an east-west road; and distributed copies of a map to the Board, showing other east-west access points, Gull Road, Turpentine Road, and Dairy Road.

Jack Hildebrand voiced objection to the RV park due to concerns about lighting, noise and vandalism.

Chairman Higgs stated the RV park is not the issue today; and the issue is the vacating of the road. Mr. Hildebrand stated he is against it all.

Mr. Honeycutt stated as part of the Binding Development Plan for the rezoning along Turpentine Road, they have agreed to a berm, vegetated area, and fence to protect the residents' view; and the only thing left to make that completely protected, is to vacate Hammock Trail.

Commissioner Scarborough stated the Board did not commit to the vacating of the right-of-way or lead the citizens to believe the vacating would occur when it undertook the rezoning. He stated the Binding Development Plan provides that in case the vacation of Hammock Trail right-of-way is not approved by the County, the developer/owner agrees to prohibit to the degree allowed by law ingress and egress of the property by recreational vehicles along Hammock Trail. He stated staff has expressed some concerns about emergency access between Carpenter Road and Turpentine Road; and the residents have requested the matter be deferred.

Public Works Director Henry Minneboo stated if anything occurred on SR 46, this would be an ideal route to use in an emergency situation to gain access in any direction; and staff is reluctant to give up such an access route. He stated when there is a ditch that is 70 feet wide, it has significant impact; and they are not easy to relocate. He stated this is a route that the local citizens have used for some time.

Commissioner Voltz inquired if the road is paved; with Mr. Minneboo responding no.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to deny vacating of portion of Hammock Trail as requested by Heather Calligan. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY IN BAY CREST VILLA - HARRY HART

Chairman Higgs stated she was advised the request to vacate right-of-way in Bay Crest Villa as requested by Harry Hart was withdrawn; and inquired if that is accurate. Assistant Public Works Director Ed Washburn responded yes, and Mr. Hart has requested that the unused portion of the application fee be returned.

Commissioner Voltz inquired how much it would be. Chairman Higgs inquired if the application was processed and advertised; with Mr. Washburn responding approximately $100 was used, but that does not include staff time. Chairman Higgs stated she does not recall how the Board handled such a request in the past; and requested the item to return the fee be brought back to the Board.

Commissioner O'Brien inquired if the Board wants to penalize someone for going a certain distance and backing out. Chairman Higgs stated she is not interested in penalizing anyone, but wants to get some information to be sure the Board is being consistent. She stated the issue will come back on the Consent Agenda.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN PLAT OF JUNE PARK - MARK AND ANN MANNARINO

Chairman Higgs called for the public hearing to consider a resolution vacating rights-of-way in Plat of June Park as requested by Mark and Ann Mannarino.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution vacating rights-of-way in Plat of June Park as requested by Mark and Ann Mannarino. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION AUTHORIZING EXCHANGE OF PROPERTY WITH ATLANTIC RIDGE CORPORATION/DANIEL NELSON FOR REALIGNMENT OF A PORTION OF OLD DIXIE HIGHWAY

Chairman Higgs called for the public hearing to consider a resolution authorizing exchange of property with Atlantic Ridge Corporation/Daniel Nelson for realignment of a portion of Old Dixie Highway. She stated it is her understanding the applicant desires to continue the item until January, 2000; with Assistant Public Works Director Ed Washburn responding he would like to continue the item until January, but there is no date certain, so it would be necessary to readvertise.

Discussion ensued on meeting dates in January, 2000.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to continue the public hearing to consider a resolution authorizing exchange of property with Atlantic Ridge Corporation/Daniel Nelson for realignment of a portion of Old Dixie Highway to January 11, 2000. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING ARTICLE II, SECTION 2-73, REVISING DEPARTMENTAL STRUCTURE OF COUNTY GOVERNMENT

Chairman Higgs called for the public hearing to consider an ordinance amending Article II, Section 2-73, revising departmental structure of County government.

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to adopt an Ordinance amending Article II, Code of Ordinances of Brevard County, Florida, amending Section 2-73 providing for the departmental structure of County government; providing for conflicting provisions, severability and an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ADMINISTRATIVE ADJUSTMENT FOR RESIDENTIAL DENSITY MAP FOR PARCEL 250, SECTION 14, TOWNSHIP 24 SOUTH, RANGE 36 EAST

Chairman Higgs called for the public hearing to consider administrative adjustment for residential density map for Parcel 250, Section 14, Township 24 South, Range 36 East.

Commissioner O'Brien stated Attorney Leonard Spielvogel sent a letter asking for a continuance. Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to continue the public hearing to consider an administrative adjustment for residential density map for Parcel 250, Section 14, Township 24 South, Range 36 East to December 7, 1999. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE RENUMBERING SECTION 62-501, COMPREHENSIVE PLAN CONTENTS

Chairman Higgs called for the public hearing to consider an ordinance renumbering Section 62-501, Comprehensive Plan Contents.

There being no comments or objections, motion was made by Commissioner Carlson, seconded by Commissioner O'Brien, to adopt an Ordinance amending Chapter 62, "Land Development Regulations," Code of Ordinances of Brevard County, Florida; amending Article III, entitled the Comprehensive Plan, specifically amending Section 62-501, entitled Contents, specifically creating the Transportation Element; specifically deleting Section 62-501, Part IX, entitled the Traffic Circulation Element; specifically deleting Section 62-501, Part X, entitled the Mass Transit Element; specifically deleting Section 62-501, Part XI, entitled the Ports, Aviation, and Related Facilities Element; and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE CREATING EVERGREEN WATERLINE MSBU FOR PINETOP BOULEVARD/OSPREY COURT

Chairman Higgs called for the public hearing to consider an ordinance creating Evergreen Waterline MSBU for Pinetop Boulevard/Osprey Court.

Commissioner Scarborough advised of the history of the Evergreen Waterline MSBU and comments from residents living in the back portion of Evergreen. He stated the problem is no control of the water system once it is turned over to Titusville; and recommended adopting the ordinance then directing staff to approach the City of Titusville about an interlocal agreement where there could be recapture by the people in the MSBU who hook on to the waterline subsequently.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt an Ordinance of Brevard County, Florida; creating the Evergreen Waterline Municipal Service Benefit Unit; incorporating the terms and provisions of Chapter 98, Article II, Code of Ordinances of Brevard County, entitled "Special Assessments and Bonds," to authorize the acquisition and construction of certain capital improvements within such improvement area and the imposition of non-ad valorem assessments within such improvement area; and providing an effective date. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct staff to contact the City of Titusville about the possibility of an agreement whereby there will be a methodology to recapture costs from those who are not part of the MSBU but connect to the waterline later. Motion carried and ordered unanimously.

Assistant Public Works Director Ed Washburn stated Mrs. Green who initiated the petition asked that the project continue forward.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 242, SECTION 242-60 REVISING BOUNDARIES OF RECREATION DISTRICT 4

Chairman Higgs called for the public hearing to consider an ordinance amending Chapter 242, Section 242-60 revising boundaries of Recreation District 4.

Motion by Commissioner Carlson, seconded by Commissioner O'Brien, to adopt an Ordinance amending Brevard County Code, Chapter 242, Article II, Recreation Districts; specifically amending Section 242-60; boundary of district, to delete a portion of the boundary legal description; and providing for severability and an effective date.

Commissioner Voltz inquired why is this being done. Parks and Recreation Director Charles Nelson responded with the construction of the facilities at Space Coast Community Sports Complex on Canaveral Groves Boulevard, the citizens in Special Taxing District 4 felt they would be better served by being in Recreation District 1.

Commissioner O'Brien inquired if this is the Port St. John District; with Chairman Higgs responding it is south of Port St. John. Mr. Nelson stated it is from Canaveral Groves Boulevard south to SR 528 which is part of District 1; and it is a case of two special districts abutting each other, and the service will now be provided by the other one. Commissioner Scarborough advised a portion of District 1 will continue to be served by District 4 because of service capacities; and that is the only anomaly. Mr. Nelson advised this is going to make a more logical provision of service; and the citizens will be paying for what they are getting.

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

PUBLIC HEARING, RE: ORDINANCE CREATING INDIVIDUAL DRAINAGE STANDARDS WITHIN AREAS OF SPECIAL STORMWATER CONCERNS

Chairman Higgs called for the public hearing to consider an ordinance creating individual drainage standards within areas of special stormwater concerns.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt an Ordinance of Brevard County, Florida amending the Code of Ordinances of Brevard County, Florida to add a new chapter allowing for the creation of individual drainage standards within areas of special stormwater concerns; specifically establishing regulations for the Grant-Valkaria area of special concern; providing severability; and providing an effective date.

Surface Water Improvement Director Ron Jones advised during the briefing process staff received several comments from Commissioners including substituting Brevard County for Stormwater Utility in Section 2.0, substituting "standard ordinance development procedures" for "normal land development rulemaking procedures" in Section 3.0, deleting "by Land Development" from Section 5 of the Appendix, and substituting County Manager or designee for Public Works Director in Section 7 of the Appendix; and distributed copies of proposed modifications. He stated the modifications are primarily oriented toward standardizing language.

Commissioner Voltz amended the motion to include the changes; and Commissioner Carlson accepted the amendment.

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

DISCUSSION, RE: JOINT PLANNING AND ANNEXATION AGREEMENT WITH CITY OF MELBOURNE

Commissioner O'Brien inquired if the roads and streets are being given to Melbourne by this annexation; with County Manager Tom Jenkins responding that is one of the benefits of the Agreement, and this is the prototype agreement which will be used with numerous cities. Commissioner O'Brien stated he wants to be sure that any streets that are adjacent or touching the annexation are also annexed. Mr. Jenkins stated this is not a specific annexation; it is a prototype agreement that will affect future annexations. Commissioner O'Brien inquired about drainage; with Assistant Public Works Director Ed Washburn responding it includes drainage and roads, and in some instances, it will kick in after 50+% of the roadway has been annexed so the County and City are not maintaining parts of the road. Commissioner O'Brien inquired if properties that are not adjacent can leapfrog across properties to annex with other properties; with staff indicating they have to be contiguous or adjacent to a parcel that has already been annexed.

Chairman Higgs inquired what is the next step after approval of the agreement; with staff responding they would finish the maps and come back to the Board for execution of the Agreement. Chairman Higgs inquired if it would then go to the City of Melbourne; with staff responding affirmatively.

Commissioner Voltz inquired about Aurora Road which has pockets of unincorporated Brevard County; with Mr. Washburn responding that is one of the areas that the City of Melbourne would like to take into the City to resolve those problems.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to direct staff to proceed with development of the series of exhibits referenced in the draft joint participation agreement with the

City of Melbourne, and return to the Board for final approval and permission to submit the joint participation agreement and exhibits to the Melbourne City Council. Motion carried and ordered unanimously.

Commissioner Carlson stated the City of Melbourne looked at the original request which included Exhibits E and F; she agrees with Exhibits A through D; the Exhibits that Melbourne was not comfortable with were lists of County road rights-of-way and canal systems subject to continued County ownership and maintenance responsibility; and those will be addressed at a later point. Chairman Higgs stated this is a step forward in terms of coordination between the County and the City of Melbourne.

DISCUSSION, RE: STAFF COORDINATOR FOR BREVARD COUNTY LEGISLATIVE DELEGATION

Chairman Higgs stated there was an alternative presented by the County Manager in which the secretarial position for Economic and Governmental Affairs would be reinstated; and that would allow enough time for the Economic Development Director to coordinate the issues. County Manager Tom Jenkins advised it would allow time to coordinate County Commission legislative matters and any parts of the Delegation Coordinator duties that are done in Brevard County, but it would eliminate traveling to Tallahassee.

Commissioner Scarborough inquired if Mr. Jenkins discussed this with Representative Posey; with Mr. Jenkins responding no. Commissioner Scarborough stated the Delegation was thinking about the benefits of having that person in Tallahassee; and inquired to what extent someone has to be in Tallahassee to coordinate things there. Mr. Jenkins stated a lot of the work is scheduling the Delegation's weekly meetings and tracking things that are going on in Tallahassee. Commissioner Scarborough inquired can that be done from here; with Mr. Jenkins responding not as effectively. Chairman Higgs stated having the person here do it would allow local coordination of the items that are of most concern to the Board and a good working relationship with the Delegation.

Commissioner Voltz stated option 2, reinstating the secretarial position is a good start to see how things will work; and it is best to start slow.

Commissioner O'Brien stated he cannot support any of it; Representative Posey's District also includes Osceola and Orange Counties; and those counties are not sharing the cost. He stated Senators Patsy Kurth and Charles Bronson's Districts include portions of other counties; and those counties are not offering to share costs. He stated it is not appropriate for the County to be paying for the niceties of a Delegation that says it cannot afford its own secretary; and distributed written information showing the State will have an extra $1 billion next year. He stated average health insurance costs are up 8%; the County will have to budget an additional 8%; and the County will have to make serious choices about tax increases. He stated either the Board does not pay the increased health insurance or it does not pay $100,000 for a secretary-coordinator in Tallahassee for the Delegation. He stated he will not support spending Brevard County taxpayer money for that purpose; and the Delegation can revise its own budget.

Commissioner Voltz stated the only reason she is supporting option 2 is because Sharon Luba is no longer going to be able to coordinate the legislative matters; and it is important for the Board to keep track of what is going on in Tallahassee.

Chairman Higgs stated option 2 is a coordinator for the County's legislative matters, working with the Delegation, and assisting with some of the in-County issues.

Commissioner Scarborough stated at the federal and State level, they are running surpluses for the first time; but the local level is being pressed further and further. He stated part of the answer to handling the problem is to be able to understand those processes and to make the County's voice better heard at those levels. He stated $28,000 is minimal in terms of the budget; but if it impacts what will be coming down from the Legislature in future sessions, it will have a substantial impact on the taxpayer; and it is an investment on behalf of the taxpayers to stop the erosion of local government. He commented on the future of federal, State and local governments.

Commissioner O'Brien stated the Delegation members should be in Tallahassee doing everything they can to bring home the bacon to Brevard County and protect the Brevard County taxpayer from any invasion by the State because they live here also; and if they do not do that, the voters should throw them out of office and replace them. He stated the Delegation can do much to keep the County informed; and it is not appropriate for the County to be spending even $28,000 for such a purpose. He advised of other positions recently approved by the Board; and commented on the expense. He stated he wants to see taxes lowered, not raised.

Commissioner Carlson stated option 2 is appropriate; it is a small amount for a potentially high return; and inquired if there is any potential for the person, if hired, to share some of the grant writing duties; with Mr. Jenkins responding yes.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to approve Option 2, to utilize the Economic Development Director for coordinating County Commission Legislative matters and reinstate the secretarial position which was eliminated in 1996, with direction that the secretarial employee would also assist the Delegation with its duties in the County, but not travel or work in Tallahassee.

Commissioner Voltz stated last week the Board requested a list of all areas where it has cut the budget; and inquired if Mr. Jenkins has gotten that together yet; with Mr. Jenkins responding staff is working on it, but the first priority is to get the October 1 budget printed and out.

Chairman Higgs stated she is going to support the motion because one of the ways to keep taxes down is to insure that the State and federal levels cover those items they have traditionally covered and that revenues continue to flow from the State to the County. She stated various budget-cutting devices have been used; some of the revenues the County thought it would get have not come forward; and the Board needs to recognize that to keep local taxes low, it needs to protect the revenue that comes from the State, so this is a good investment. Mr. Jenkins stated this will include the necessary administrative budgetary actions to implement, and the funding source is the Reserve.

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

The meeting recessed at 9:51 a.m. and reconvened at 10:04 a.m.

PUBLIC HEARING, RE: AMENDMENT 99B OF THE COMPREHENSIVE PLAN

Chairman Higgs called for the public hearing to consider Amendment 99B of the Comprehensive Plan. She advised of the time limits and procedure for addressing the Board.

Amendments 99.B.1, 99.B.2 and 99.B.3

Attorney Clifton McClelland, representing Gary Coppola, stated the three amendments are for the same property and will be addressed together. He stated Mr. Coppola owns the property in the South Beaches where the Sebastian Beach Inn is located; the property was initially built in the 1930's as a Coast Guard Station; in 1961 the property was turned into a restaurant and motel, and was zoned appropriately at that time; and displayed an aerial photograph showing the area in 1961. He stated in 1961 the property was surrounded by vacant land, and development has come to the property since that time. He stated in the handout is a picture of the property as it was beginning to be used as a restaurant; in 1974 the property was granted a TU-1-20 zoning; and today they are applying for a Mixed Use District to preserve the TU-1-20 zoning. He stated as part of the application, they hired Planner Les Solin to review the existing pattern and provide an analysis of the South Beach Plan and the properties in the South Beaches; and Mr. Solin has done a computer analysis of the existing and future uses in the South Beaches. He stated the northern part of the South Beaches has a future land use designation of one unit per one-half acre, and in the lower part of the South Beaches, there is a designation density of one unit per acre. He stated the property in question is located in the one unit per acre area; the analysis has indicated that 96% of the existing lots in the South Beaches do not comply with the Land Use Plan in terms of density requirements; one and one-half years ago, the Board vested a number of vacant lots; of the vacant lots, 91% which can be developed will not comply with the density requirements; and much of the underpinnings for the South Beach was based on a traffic study done in 1991 which was flawed. He stated the traffic study was based on the concept of what the South Beaches will look like at ultimate buildout; the Board has not used a study based on ultimate buildout in any other place; and most studies are built on infrastructure with a five to twenty-year time horizon. He stated there are environmental and physical constraints in the South Beaches which will prevent ultimate buildout; and Mr. Solin will provide statistics.

Lester Solin, Professional Planner with Solin and Associates, Inc., stated his role has been to analyze the County's Plan and to determine if existing and future development can comply with the objectives of the Plan; and explained the analysis process. He stated he prepared a detailed existing land use map; they began the analysis just south of the Melbourne Beach City limits; using the GIS database, they color-coded existing land use; and they looked at vacant lands including the size of each parcel. He stated he compared the existing land use plan to the established development pattern and to vacant residential lots; and displayed an exhibit showing South Beaches properties. He stated he concluded Mr. Coppola's Comprehensive Plan amendments are consistent with the major objectives of the Plan and with regulations governing floodplains, aquifer recharge, wetland protection, and dune and shoreline preservation; water and wastewater issues identified by staff can clearly be reconciled; and Mr. Coppola's development can occur without adversely impacting any native habitat. He stated he further analyzed the extent to which existing and future development of vacant lands could ever be consistent with the County's Plan; the precepts of the Plan, as they relate to density, are one unit per acre on the south portion and two units per acre on the north portion; and presented figures and statistics showing that 94.51% of the total lots are nonconforming. He stated both existing and new developments are more likely to violate than comply with the adopted Comprehensive Plan Future Land Use densities; the Plan does not comply with the vast majority of existing development or vacant lots; and Mr. McClelland has already acknowledged flaws in the trip generation figures. He displayed an exhibit showing vacant nonconforming lots requiring a variance for a septic tank; and commented on trip allocation, lot size, and variances for septic tanks. He stated based on his calculation, 373 lots may never be able to develop because of septic tank policy. Mr. Solin stated the cornerstone of Florida Growth Management Policy is concurrency; and displayed an exhibit showing concurrency analysis worksheets prepared by County staff for the Coppola property indicating there are no deficiencies in the application based on concurrency issues. He commented on opinions that tourist uses are not good for the South Beaches or the Coastal High Hazard area because of hurricane evacuation issues; and advised his analysis and experience indicates that when compared with permanent dwelling units, tourist units have a much lower occupancy rate than permanent units, particularly during hurricane warning seasons, have many alternate choices, have fewer disabled persons, and have response times that are quicker than residents of single-family homes. He stated enlightened communities are allocating, in their hurricane evacuation and land use procedures, less trips per unit to tourist facilities than to permanent dwellings; and advised of the Monroe County Hurricane Evacuation model. He stated a tourist unit is a viable use along the coast as long as it is outside the high velocity storm surge zone of a hurricane; and the Board's actions regarding land use policy for tourist units has placed a disproportionate burden on Mr. Coppola and other residents within the community who may want to expand or develop their properties in a reasonable manner.

Mr. McClelland stated because of the non-compliance of most of the properties, both existing and future, the Land Use Plan is legally suspect; he could not find a Florida case directly on point but Anderson on Zoning indicates where there is a Zoning Ordinance where the frequency and number of nonconforming uses is not accounted for in the Ordinance, that such an Ordinance is suspect and probably invalid; and in this case, only 10% of future uses and 5% of existing uses comply with the Future Land Use Map, so the plan is legally suspect. He stated the property meets concurrency; and future capacity cannot be reserved where there is a project which meets concurrency, particularly where the capacity is being reserved for properties which primarily do not meet the Land Use Plan. He stated because so much of the South Beaches is nonconforming, it places an inordinate burden on properties such as Mr. Coppola's when they desire to expand or modify the facilities; and that is inconsistent with the purpose and the goals of the Florida Growth Management legislation.

Frank Genduso, Richard Hartman, Bob Toppe, Chad Cutler, and Susan Simoes spoke in opposition to the Amendments 99.B.1, 99.B.2, and 99.B.3 due to concerns about traffic, noise, environmentally endangered flora and fauna, increased densities, lack of sewer and water service, and spot zoning.

Mr. McClelland stated a letter is included in the exhibits from Fish and Wildlife advising there is no scrub jay habitat on site; there is traffic capacity left in the South Beaches; and what they are suggesting is, instead of allowing the capacity to be used for vested lots which are below the standards, that a tourist use is preferable. He stated the property had the tourist use prior to the adjacent residential developments; the tourist use will place less pressure on infrastructure; and it will probably allow for more rapid evacuation of the South Beaches. He noted all exhibits are to be part of the official record.

Planning and Zoning Director Mel Scott stated one of the main points that was made is incorrect; and that is the idea that 90% of the lots that are nonconforming would be developed inconsistent with the Comprehensive Plan. He stated that is not true; the Future Land Use Element goes to great lengths to identify nonconforming lots and to establish their status and ability to build; and the nonconforming lots in the South Beaches will be conforming legally and consistent with the Comprehensive Plan. He stated the traffic analysis was intentionally done as a buildout scenario; it is true that in many places a concurrency analysis is done to identify short-term availability, but with the unique geographic situation in the South Beaches, there was a buildout scenario that was contemplated; and that repeatedly has been found to be in compliance by the Department of Community Affairs. He stated with regard to the variance issues that were brought up with relation to septic tanks and the possible inability of permits to be received, he can understand how one could be misled to think that many of those lots would not be able to obtain a variance by simply relying on Property Appraiser data; but a more in-depth analysis of the data reveals that many parcels which are identified as one-twentieth or one-tenth of an acre are conglomerated under condominium associations; so many of those lots would be brought together and a variance or septic tank permit could be granted.

Assistant County Manager Peggy Busacca stated Mr. Solin mentioned there were certain things in that he found to be consistent with the major objectives of the Comprehensive Plan; however, he did not address the compatibility or character of the area, and locational criteria for Mixed Use Districts.

Chairman Higgs requested Ms. Busacca address the issue of locational criteria for Mixed Use Districts, and the planners advise of their professional qualifications. Planner Steve Swanke advised he is a graduate of the University of Texas at Austin with a Master of Science Degree in Community and Regional Planning, and has been a member of the American Institute of Certified Planners for 12 years. Mr. Swanke stated Future Land Use Element Policy 4.1, Criteria A provides that the location criteria for Mixed Use Districts are to be based on existing commercial development trends, zoning trends, and population projections; appropriate land uses within Mixed Use Districts include commercial, professional office, residential, institutional, conservation, recreational, and public facility land uses; in the staff report, it was found there are no other commercial developments or parcels with commercial zoning within Township 29 South, Range 38 East, Section 25 which is the location of the Sebastian Beach Inn; and the nearest commercial development in commercial zoning is the Floridana Beach Motel which is more than three-quarters of a mile north of the subject property along SR A1A in Section 23. He stated the Floridana Beach Motel has six units; it was administratively rezoned from TU-1-20 to TU-1-7 on January 28, 1999; and it is not located within a Mixed Use District; but it has received administrative approval as a pre-existing use.

Mr. Scott advised he received a Masters Degree in Urban and Regional Planning from Florida Atlantic University, and is also a member of the American Institute for Certified Planners. Ms. Busacca advised she has a Masters Degree in Urban and Regional Planning from Florida State University.

Chairman Higgs stated the Commissioners have a report from Bob Kamm, Director of the MPO. Mr. Kamm advised he is Director of the Transportation Planning Office and Director of the Metropolitan Planning Organization; he is a graduate of Ball State University in Muncie, Indiana; and he has been involved in community and transportation planning for 25 years, and is a full member of the Institute of Transportation Engineers. He stated the Transportation study conducted by staff is a reaffirmation of the findings of the 1991 Small Area Plan that A1A will have difficulty accommodating future traffic given the level of development that could occur; and the recommendation is for the Board to consider revising level of service standard from C to D and cooperating with FDOT to initiate some modifications in the roadway to increase capacity.

Commissioner Carlson requested clarification as to the existence of scrub jay habitat on the Sebastian Inn parcel; with Mr. Swanke advising the Office of Natural Resources made the determination that there is scrub jay habitat based on a review of maps, not a site visit. Assistant County Manager Steve Peffer advised the habitat is suitable for scrub jays, but no families of scrub jays are occupying the habitat.

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

Commissioner Higgs stated she participated the planning process for the South Beaches since 1992 and is aware of the amendments before the Board; and in looking at the consistency of the proposals with the Comprehensive Plan, the amendments are inconsistent with Objective 1 which is, "Brevard County shall limit urban sprawl by directing development to areas where the density is compatible with the established growth patterns and where public or private facilities and services are available or programmed to serve." She advised the proposed amendments are also inconsistent with Objective 1.6, Policy 1.8, Objective 6, and Objective 7 of the Comprehensive Plan; Chapter 187.201, Florida Statutes; and various policies of the East Central Florida Regional Planning Council. She stated she does not support the proposed amendments. She stated the South Beaches area has the Archie Carr National Wildlife Refuge which is a unique resource, and the linear nature of the South Beaches and the cost of improving infrastructure drive the concern about density.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to deny Amendments 99.B.1, 99.B.2, and 99.B.3.

Commissioner O'Brien stated he has always been a proponent of preserving the South Beaches; and the Board should be listening to the words of the Sunniland Beach Property Owners Association concerning the Small Area Plan and the need for lower density development.

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

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

Amendment 99.B.4

Attorney Clifton McClelland, representing Charles and Shirley Echol, stated the property is distinct from the earlier application in that it is a 9-unit motel, built in the 1930's; its present configuration has existed since the 1960's; and the owners are seeking three additional units.

Les Solin stated Mr. Echols' intention is to develop three units above the garage which would not increase the building footprint and would protect all native vegetation; there are no wetlands; and there will be no adverse impact on native habitat. He stated the existing plan does not allow much opportunity for existing or new development to comply with the density requirements; the traffic generation figures are flawed in that the existing level of service is B on the south area and C on the northern portion; traffic impacts of the development will not change the level of service; and the tourist use is consistent and viable outside the High Velocity Storm Surge Area. He stated most of the State and regional policies that have been read into the record regarding the high-hazard area date back further than one to two years; the high-hazard area he refers to is only the V zone; and in this case and the prior one, all new construction would be outside of that High Velocity Storm Surge Area. He stated the new definition that the State made in the Coastal High-Hazard Area was oriented to protecting hurricane evacuation planning; and it stated the High-Hazard Area was the Category 1 hurricane evacuation area established by regional planning councils for their jurisdictions. He stated tourist units only generate 58% of the total traffic generated by a single family dwelling unit; and County staff advised development as proposed meets concurrency requirements.

Mr. McClelland stated he submitted several documents for the record; on page 7 of the staff report there is an indication that the project could be approved under the County's standards which allow a 25% expansion in floor area; and he has been told that is not correct. He stated they are asking for a 25% expansion in the motel; but the policy makes a distinction between floor area and units; because they want three more units as opposed to a 25% expansion in the floor area, the policy does not cover this project; and that is why they are present today.

Mr. Echols stated the motel was there long before all the houses on the beach, and was designated as 20 units per acre; and he does not mind the density being cut some, but 75% is ridiculous.

Chairman Higgs stated she met with Mr. Echols yesterday to discuss the proposed amendment. She stated four cards have been submitted; and inquired if speakers would like to have their previous comments incorporated. County Attorney Scott Knox advised if that is going to be done, the entire record from the prior proceeding should be incorporated into this proceeding.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to incorporate the public comments from the hearing on Amendments 99.B.1, 99.B.2, and 99.B.3 into the record for Amendment 99.B.4. Motion carried and ordered unanimously.

Susan Simoes, John Chapman representing the Richard King Mellon Foundation, Bob Toppe and Raymond Stark spoke in opposition to the proposed amendment.

Mr. McClelland requested the Board approve the change to allow the three additional units to be built. He stated it meets concurrency; there is no substantial detriment to the South Beaches as a result of the three units; implementation of the County's Plan places an inordinate burden on the property; and requested all exhibits be made part of the record.

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

Commissioner Higgs stated her previous comments also apply to Amendment 99.B.4; analysis on the impact of three units and what would happen if that became the standard cause her great concern; and the amendment does not meet the locational criteria for a Mixed Use District, is not consistent with the Comprehensive Plan, and further development would not be compatible.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to deny Amendment 99.B.4. Motion carried and ordered unanimously.

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

Amendment 99B.5

Chairman Higgs stated Amendment 99.B.5 is the redevelopment area for Patrick Air Force Base; it is a Future Land Use Element text amendment that creates six new Future Land Use Element policies; and the applicant is Major Baughman.

Major Dan Baughman stated he is the Patrick Air Force Base Military Housing Privatization Project Manager, and with him today are Colonel Dick, Major Burgess, and Tony Freeman. He stated he has reference materials, maps of surrounding zoning, and a publicly available package that was disseminated after the municipal forum on March 1, 1999. He stated the project represents the Air Force's long-term commitment to Patrick Air Force Base and the Space Coast; and the goal for the project is to improve the quality of life of Air Force personnel by improving their housing. He stated he has been working with County planning staff; this is the first application under the Military Housing Privatization Initiative; and the goals in the Plan Amendment are to make sure the Air Force plans are consistent with and acceptable to the County, and that the development proposals are realistic and can be achieved. He stated they are not the developer for the project, but want to provide some certainty and expedite the development process. He stated at this time this is a blank spot on the Future Land Use Map; it is federal land, and they are trying to turn it over to private ownership; and the amendment will put the land and homes on the County's tax rolls and provide that density will not be increased. He stated currently there are 999 homes; and they are looking to maintain the status quo. He stated the plan is incomplete as a developer has not been chosen yet, but going through the process will allow them to be a good neighbor and allow the Board to keep control of what will be developed there.

Chairman Higgs stated this seems to be two things, the specific proposal and a group of policies to allow something to occur on land that was previously developed by the federal government; and requested staff address the differences between the two items.

Planner Steve Swanke stated Amendment 99.B.5 involves six new policies for the Future Land Use Element; the intent is to establish a new land use category to be called a planned redevelopment area; and the policies contain the specific criteria that an applicant would need to meet in order to have the designation granted. He stated they have designed the criteria to be flexible but to include high development standards; and there is a potential for other applicants to make use of the property, although it has been specifically developed in conjunction with the south housing area of Patrick Air Force Base. He stated the policies would need to be approved first in order to proceed with the second Amendment for Patrick Air Force Base. Chairman Higgs stated hurricane evacuation times are not related in the policies; and inquired if it is covered somewhere; with Mr. Swanke responding they would still be subject to the Coastal Management Element policies relating to hurricane evacuation. Chairman Higgs inquired if a planned redevelopment area could be off the barrier islands; with Mr. Swanke responding that is correct.

Commissioner O'Brien inquired if the Air Force discussed annexation with the City of Satellite Beach; with Major Baughman responding the Air Force is neutral on that. Major Baughman stated annexation is voluntary; and they plan to leave it up to the developer to determine the best and highest use of the land. Commissioner O'Brien inquired if the Air Force has been discussing any annexations on the north side of Patrick Air Force Base; with Major Baughman responding no. Major Baughman stated the project entails developing what is now currently a retention pond on PAFB for seven senior officers' housing, and it will be retained by the Air Force.

Commissioner Carlson inquired about the potential for putting in underground utilities; with Mr. Swanke responding that level of detail is not usually included in Comprehensive Plan policies, and is more appropriate in the Land Development Regulations.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to approve transmittal of Amendment 99.B.5 to DCA. Motion carried and ordered unanimously.

Amendment 99.B.6

Chairman Higgs inquired if Major Baughman wishes to make any comments; with Major Baughman declining. Chairman Higgs inquired if staff has comments; with no response heard.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve transmittal of Amendment 99.B.6 to DCA. Motion carried and ordered unanimously.

Amendment 99.B.7

Chairman Higgs stated this is a proposed Mixed Use District in Merritt Island. Commissioner O'Brien advised he received no telephone calls about this.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve transmittal of Amendment 99.B.7 to DCA. Motion carried and ordered unanimously.

Amendment 99.B.8

Chairman Higgs stated this is another amendment for a Merritt Island Mixed Use District. Commissioner O'Brien stated this is to correct some inconsistencies.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to approve transmittal of Amendment 99.B.8 to DCA. Motion carried and ordered unanimously.

Amendment 99.B.9

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve transmittal of Amendment 99.B.9 to DCA Motion carried and ordered unanimously.

Amendment 99.B.10

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve transmittal of Amendment 99.B.10 to DCA. Motion carried and ordered unanimously.

Amendment 99.B.11

Commissioner O'Brien stated when the Comprehensive Plan was created, they drew a line which went through some properties that were still commercial; and Ms. Busacca has worked on this amendment for a long time. Chairman Higgs stated this is going to residential.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve transmittal of Amendment 99.B.11 to DCA. Motion carried and ordered unanimously.

Amendment 99.B.12

Chairman Higgs stated this is the Conservation Element, and no cards have been submitted.

Commissioner Voltz requested Mr. Scott explain the changes.

Planning and Zoning Director Mel Scott stated over the course of the update, staff has represented many changes that were done to improve readability, streamline the Element, and remove duplication; and several changes were identified as attempting to rectify outstanding inconsistencies which might occur within the Element. He stated staff has identified one particular attempt that has been in the Elements for some time to remedy such an inconsistency, but was unable to find much discussion; and it is enough of a policy shift that if a Commissioner wants to discuss it, several options would be available including removing it from the transmittal package for additional discussion. He stated the issue is found on pages 31 of the Conservation Element and 85 of the Future Land Use Element; it is identifying the transfer of development right value that a wetland should have with regard to residential development; and the issue before the Board is whether wetlands should be given a straight one unit per acre value regardless of whether or not they are preserved or if an application seeks to preserve a wetland and wants to transfer those units to an upland portion of the property, would that property owner be able to utilize the density that is assigned to the property in the residential density map. He stated this is an issue best illustrated with pictures and diagrams; if it is the Board's desire, the issue can be discussed further; and it is not an issue that DCA is looking for.

Commissioner Voltz stated this will be a big policy change that could affect some people; and she would like to hold off on submitting this until the Board does further investigation. Mr. Scott stated staff could easily illustrate the difference between the application of the two interpretations of the policy.

Chairman Higgs stated if the Board chose not to transmit this, it could be included at adoption; with Mr. Scott agreeing it could be. Mr. Scott stated there is ability to identify it as an issue DCA had not previously seen, so the opportunity will still exist. Chairman Higgs inquired about the time line; with Mr. Scott responding staff would bring it back to the Board in approximately three months. Chairman Higgs stated it can be done either way; the Board can transmit it to the DCA for comments and see it again at adoption, or it can not transmit it, and deal with it at adoption. Mr. Scott stated additionally the Board could also deal with this issue in the Land Development Regulations. Commissioner Voltz stated she would rather not submit it now.

Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to withdraw Amendment 99.B.12 from the 99B transmittal package, remove reference to transfer of development rights from the Conservation and Future Land Use Elements, and bring them back to the Board for discussion. Motion carried and ordered unanimously.

Chairman Higgs stated the Board took out language of adopted Ordinances that was in the Conservation Element; and she is in favor of leaving that language in Policies 3.2, 3.3, 4.1 and 4.2. Commissioner O'Brien inquired why was it taken out; with Commissioner Higgs responding it was taken out because it was redundant. Commissioner O'Brien stated it should be taken out if it is redundant. Commissioner Carlson stated the intent is potentially lost if it is not kept in the Comprehensive Plan. Commissioner O'Brien disagreed; and commented on the waste of paper. Chairman Higgs stated it keeps the essence of those in the Comprehensive Plan and takes on an added level of protection.

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

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to include Ordinance language in Policies 3.2, 3.3, 4.1 and 4.2 in the Comprehensive Plan.

Commissioner O'Brien stated he cannot support the motion; staff has done a good job of finding duplications; and the objective is to make government easier.

Commissioner Scarborough stated he has never been a fan of Comprehensive Plans; they have slowed the process down and made it cumbersome; but the thought process is there is an overall Comprehensive Plan, and springing from it and always having to be consistent are the Ordinances. He stated they are two separate things, and to say there is redundancy is incorrect. Commissioner O'Brien stated if there is an Ordinance, it is already written down. Commissioner Scarborough commented on consistency between the Ordinances and Comprehensive Plan.

Vice Chairman O'Brien called for a vote on the motion. Motion carried and ordered; Commissioners O'Brien and Voltz voted nay.

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

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve transmittal of the Conservation and Future Land Use Elements of the Comprehensive Plan, as amended, to the Department of Community Affairs.

Mr. Scott stated a decision from the Board is needed on whether to do away with the 30 to 1 residential density designation; there is a report in front of the Future Land Use Element; and staff concludes that unincorporated Brevard County has the highest residential density in the County. He stated there is a large amount of 30 to 1 density designations, but only 1.9% of it is actually being used with RU-2-30 zoning; and it would be more appropriate to have a 15 to 1 as the maximum residential density.

Commissioner Scarborough stated he will include that in the motion; with Commissioner Carlson accepting as seconder.

Commissioner Voltz stated she does not have a problem doing that, but does not know who it will affect or how it will affect them; and recommended delaying that item. Mr. Scott stated if it is the pleasure of the Board, staff can notify those property owners who would lose a value and bring it back at adoption. Commissioner Voltz stated she would rather do that; with Commissioner O'Brien agreeing. Chairman Higgs stated those property owners affected will be notified, and at adoption, they will have the opportunity to discuss it. Commissioner Voltz inquired if the Board is going to transmit it now; with Mr. Scott responding it will be transmitted, but there will be an opportunity to look at it and adopt it at a later date, so this is not a final action. Chairman Higgs stated those people will be notified.

Discussion ensued on transmittal, DCA comments, and impact of transmittal.

Chairman Higgs called for a vote on the motion to transmit the Conservation and Future Land Use Elements minus the 30 unit density designation with the property owners to be notified. Motion carried and ordered unanimously.

Amendment 99.B.14

Veronica Lawhorn stated the property is being proposed for a neighborhood commercial land use; there is a contract pending on the property; and recommended community land use which would enable the new buyer to put a plant nursery on the property. She stated the property is surrounded by all types of commercial zoning and land uses; there is a plant nursery to the east which abuts Mr. McCormick's property; and within a half-mile radius there are four nurseries in the same area. She stated the new buyer may apply for commercial zoning once the closing takes place in January, 2000.

Mr. Scott stated in converting the existing Mixed Use District into the two commercial designations, 5,200 notifications were sent out; only one realtor representing one client spoke; and if this is transmitted, it is only to seek DCA comments. He stated if there is a viable BU-1 property, it would take nine months to receive the commercial zoning classification; and recommended Ms. Lawhorn go through the process. Ms. Lawhorn inquired if they should let things stand the way it is going and recommend the buyer proceed. Mr. Scott recommended the potential buyer make the sale of the property contingent on the approval of the BU-1. Ms. Lawhorn inquired about the BU-1 process; with Mr. Scott responding it is through his office. Ms. Lawhorn inquired if it can be completed by the January 7, 2000 closing date; with Mr. Scott responding no, but it does not have to be completed by then, and it can be completed within the nine months that it will take for the amendments to be adopted.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve transmittal of Amendment 99.B.14. Motion carried and ordered unanimously.

The meeting recessed at 11:59 a.m. and reconvened at 1:06 p.m.

RESOLUTION OF NECESSITY FOR ACQUISITION OF EASEMENTS, RE: SHORE PROTECTION PROJECT

Chairman Higgs stated the resolution of necessity is for the acquisition of easements for the placement of sand in the shore protection area. County Attorney Scott Knox stated he came to the Board some time ago to get approval for 48 easements; subsequently they acquired several of those easements; and they are down to approximately 14 or 15 owners. He advised there is a gap between the original description and the actual mean high water line which is also corrected as part of the resolution; and it is a new resolution for authority to condemn the 14 parcels.

Commissioner Voltz inquired if this is the item that was in the newspaper this morning regarding several people not wanting this to be done; with Mr. Knox responding that is correct. Commissioner Voltz stated she is not going to support this; she knows beach renourishment is important, but the people do not want the County on their property; and if they want to let their houses sink into the ocean, they should be allowed to do so.

Joyce Perry commented on acquisition of easement by the County; stated when easements are vacated, the applicant should pay because it makes their adjoining property more valuable; and that is a source of income for the taxpayers.

Assistant County Manager Steve Peffer stated the easements being requested are to build the beach project and place the sand against the dune to provide sufficient shoreline protection; and because some of the property which will get the sand is private, the County is requesting an easement. He stated it will provide shore protection for those property owners, so they will receive a benefit from the project; and they are not planning to occupy the easement or do anything else other than provide sand. County Manager Tom Jenkins inquired if this impacts the rest of the project; with Mr. Peffer responding the easements are essential to do the project; and explained why all easements are needed. Mr. Peffer stated there is the possibility of omitting one or two homes, depending on the design, but the Army Corps of Engineers advised it is not a viable project if gaps are left in many places, so they have taken this step to acquire all of the easements because it will make a better construction project. He stated it is essential to not only the beach project, but for the adjacent property owners who have given the easement, and who would suffer if there were gaps.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution of Necessity for acquisition of certain real property easements for the placement of sand for a shore protection project; and authorize the County Attorney to file suit to condemn the necessary easements. Motion carried and ordered; Commissioner Voltz voted nay.

Mr. Peffer stated he had discussions with the Tourist Development Council and County staff with regard to the funding of the project; it will be a joint project between the federal government, the County, and the State; and as they get more refined estimates on the cost of the project, it may be necessary for the County to put in more dollars. He requested authorization to take a request to the Legislative Delegation to insure the State share is also increased if the project costs increase; and stated the Legislature has already appropriated dollars, but if the amount of the project rises, it may not cover the State's full share.

Commissioner O'Brien stated the local match by the County is paid by tourists. Commissioner Voltz noted local residents pay through State and federal taxes. Commissioner O'Brien advised of use of tax dollars to build dikes along rivers in other States to protect communities and farm lands; and stated a dune along a beach acts in the same capacity to protect the community from being flooded by high tides; so it is time for the County to get its fair share of return on the money it sends to Washington, D.C.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to direct that an item be included in the Legislative Packet to insure that the State's share is increased to reflect its full share if the project costs are increase. Motion carried and ordered unanimously.

Mr. Jenkins stated most easements that the County has were obtained from the original owners as part of the development phase; and from time to time when an existing owner asks for a vacation of easement, all the Board is doing is returning the land to a private owner. Chairman Higgs inquired if there is a restriction in regard to getting revenue from a vacation; with Mr. Knox responding the County cannot get revenue from vacations. Commissioner Voltz stated if the County pays for the easement, it can charge; with Mr. Jenkins noting the County rarely does that. Commissioner O'Brien noted the easements in question are temporary easements for 50 years.

RESOLUTION, RE: APPROVING COUNTY PROPERTY TAX RELIEF PROGRAM

Chairman Higgs stated Mr. Jenkins has sent a memo regarding the Tax Collector's ability to handle some of the needs.

County Manager Tom Jenkins stated the Tax Collector has a program that has been in existence for some time; it has not been well publicized or used; but it allows a low-income senior citizen to go the Tax Collector's office to seek relief for additional homestead tax exemption. He stated it is based on a formula; it is a certain amount at age 65, and an additional amount at 70; and there are criteria. He stated it appears to eliminate the need for the Board to initiate its own program; and the only reason the County might want to have a program of its own would be to qualify people of higher income levels, above the $12,000 limit. He stated the Tax Collector has agreed to expand public information about this program.

Commissioner Voltz stated she supports having something for that income bracket, but she does not support the proposed program because there is a repayment of the loan. She noted the County gives to the children of the community, but no repayment is required; the elderly is an underprivileged category that is very similar; and the elderly should not have to repay some of these things. She recommended going with the Tax Collector's program.

Chairman Higgs stated the Tax Collector's program is similar to what the County designed; requested Mr. Jenkins advise the Board how the people will be notified of the program; and stated the Board will take no action.

Clarence Rowe stated the program the Board was discussing has been in existence for the last 15 years, but he just found out about it; and information about the program is on the back of the envelope when someone gets their taxes. He stated homestead exemption is a good program that is already in existence; and advised of the legislation which gave local governments authority to initiate a tax relief program. He stated Florida Association of Counties advised only eight counties have adopted the program as of yesterday; advised of the importance and value of senior citizens; and requested the Board reconsider and put something in place to exempt senior citizens. He commented on volunteer efforts of various citizens; and requested something be done to help senior citizens, many who have an income less than $12,000 to $15,000.

Commissioner Voltz stated at the Florida Association of Counties Conference, several counties said they had adopted the program; however, none of them had any idea of the cost; and it is irresponsible to adopt a program without knowing how much it will cost; and she expects those who adopted it this year to renege on it next year. Chairman Higgs stated the difficulty was how the rules were crafted; and maybe the Legislature in the coming session will cure that part of the problem, because it opens huge loopholes. Commissioner Voltz stated the voters gave the County the option, but did not give everyone an exemption. Chairman Higgs stated it gave the option, but the rules seem to be difficult; and they will try to increase the number of people taking advantage of the existing program. She noted no one is questioning the contribution of senior citizens to the community.

Commissioner Scarborough stated Mr. Knox advised it was difficult to work with the State format, and that is why he suggested creating a new methodology; but since the Tax Collector has a program, the new program is almost redundant. He inquired what would the Board need to do to act under what has been proposed by the State. He stated someone could have millions of dollars in tax exempt securities and yet, fall within the parameters; and how could the Board close the loopholes. County Attorney Scott Knox stated the Board has the authority to adopt an ordinance setting up criteria. Mr. Jenkins stated there is an option to get the Department of Revenue (DOR) to revisit some of its administrative procedures; the Amendment to the Constitution was fairly broad in its language; and the Department of Revenue created the rules, but there is no flexibility to modify the rules. Commissioner Scarborough stated some of this is coming from the Department of Revenue; and inquired if DOR could give discretion in how income is defined. Mr. Knox stated the Board could propose a rule or try to get DOR to change things.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to direct the County Manager and County Attorney to contact the Department of Revenue regarding its administrative rules, and report to the Board on how it can better deal with the matter of tax relief for low-income senior citizens. Motion carried and ordered unanimously.

Chairman Higgs requested Mr. Jenkins and Mr. Knox provide the Board with a copy of the request to DOR.

SPEED HUMP REQUEST, RE: VIVIAN DRIVE, HEMP WAY, SHERRY LANE

Commissioner Scarborough stated three people on Vivian Drive have indicated disapproval; and inquired if there is any reason to do all three roads as a package; with Traffic Engineering Director Dick Thompson advising they could be separated.

Commissioner Voltz inquired if this is near a school; with Mary Tees responding she is not familiar with every street, but she does not believe so; and there are speed humps already around Atlantis School. Commissioner Scarborough recommended Ms. Tees consult the map.

Commissioner Scarborough stated since people voted in opposition on Vivian Drive, that brought it into question; and there were some low numbers on Sherry Lane.

Ms. Tees advised the streets are in the Sharpes area and she is not familiar with them, but there are no schools in that area.

Commissioner Scarborough stated one or two vehicles in the Sherry Lane area are not much; and he is concerned about people voting in opposition on Vivian Drive, but Hemp Way is different. He stated he will support the request for Hemp Way, and if necessary the Board can revisit the issue for the other streets.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve the speed hump request for Hemp Way, but deny requests for Vivian Drive and Sherry Lane. Motion carried and ordered; Commissioner Voltz voted nay.

SPEED HUMP REQUEST, RE: CORTO ROAD

Commissioner Scarborough inquired if there is any opposition; with no response heard.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve installation of two speed humps on Corto Road. Motion carried and ordered unanimously.

CONSIDERATION OF TRANSPORTATION PROJECTS, RE: BOND PROCEEDS AND CASH RESERVES OF GAS TAX FUNDS

Mary Tees stated $72 million is a lot of money, but all of the projects are needed desperately. She stated there has yet to be a study about the alignment, but the West Connector goes from I-95 west to Golfview; there are 2,200 children and almost 1,000 houses; and it definitely needs to be done. She stated $500,000 was allocated for the study of the Ranch Road/Frontage Road/Golfview connection; and that is vital to the community. She requested the money be bonded and the projects get underway because there can be no development without infrastructure.

Bill McCord, representing the City of Melbourne Planning and Zoning Department, stated they have reviewed the draft list; a number of projects are within or in close proximity to the City of Melbourne; and the list is very good and will solve a lot of immediate problems. He advised one project appears on the list twice, the Riverside Drive project, which the City supports. He stated depending on the outcome of the study that is underway for Pineda Causeway extension, it may be prudent to consider future funding for improvements to Wickham Road in the north part of the City; and the Wickham Road project in the south part of the City is on the list and will be a federally matched fund project. He stated they agree that it will not be possible to wait for federal funding on some of these projects; and they do need to be fast-tracked by local funding sources. He stated if a gas tax is appropriated, the City would like the opportunity to review and comment on additional projects that may result from the gas tax passage.

Commissioner Voltz stated the project is on the list twice because it is in two Districts. Public Works Director Henry Minneboo stated the total project is $5.6 million and it has been divided between the two Districts. Commissioner Voltz stated just because there is a list of projects and it is being bonded, the Board is not tied to the list of projects; and inquired in five years, if something else needs to be done, can things be moved; with Mr. Minneboo responding not exactly. Mr. Minneboo stated the list will be with us a long time; once the engineering phase is started, they will be totally dedicated to getting the projects done; and this is a strong representation of what will be needed in the community for the next 15 years. Commissioner Voltz inquired about ability to move things up on the list; with Mr. Minneboo responding the Board can address other projects. Mr. Minneboo advised they attempted to come up with realistic estimates, but as they move into the projects there may be differentials.

Chairman Higgs stated if the Board approves the item, staff will move forward to get design work, etc. moving; and once it starts down that road, things move quickly as road construction goes. Mr. Minneboo stated it is a new approach on selecting consultants, and they will try to move rapidly in the next three to four years.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the complete list of projects to be funded by bond proceeds and cash reserves of the gas tax funds; authorize advertising for proposals for the complete project list; and appoint a Consultant Selection Committee comprised of Henry Minneboo, Ed Washburn, John Denninghoff, Ron Jones and Harriet Raymond, or their designees. Motion carried and ordered unanimously.

DISCUSSION AND DIRECTION, RE: EXOTIC BIRDS

Commissioner Scarborough requested staff explain why this item has come back before the Board. Zoning Official Rick Enos responded three Sections of Code deal with this issue; the Zoning Regulations provide that someone can raise any kind of animal in agricultural zoning; and there are some lots as small as one acre that are zoned agriculture, so the Board may wish to deal with that issue. He stated there is a provision in the Noise Regulations in Chapter 46; currently the standard is "loud and raucous noise"; and although farm machinery and equipment is exempt from that, animal noise is not exempt. He stated Chapter 14 is the Animal Services and Enforcement regulations; and there was an exemption in Section 14-57 for exotic birds if it meets a 100-foot setback from non-AU properties of a residential nature. He stated the Board may wish to amend Chapter 14 by dealing with the 100-foot setback or eliminating it entirely; and it may also wish to deal with the use issue, which is in Chapter 62.

Chairman Higgs stated any action the Board takes today is preliminary to an actual amendment to an Ordinance.

Bob Waters stated this is a rerun of what the Board did in 1997; and after the vote he expressed concern that the issue would come back, and was assured by Commissioner Scarborough that it would not. He stated the issue is back; and he is asking the Board to do what it did last time and vote against it. He commented on taking away property rights, and checking zoning before buying property.

Marlene Waters advised she owns one acre of agricultural property; commented on the use of agriculture land; and stated it is not fair to put restrictions on animals on agricultural land. She suggested those people who do not want animals should not move to agricultural land; and stated the first three options put everyone on less than 2.5 acres out of the bird business. Ms. Waters stated there were 28 complaints about birds in two years; but only three of the complaints were about birds on agricultural land; and it does not make sense to be spending this much time on one and one-half complaint per year.

Linda Johnston stated a complaint about her bird farm prompted this review of the Ordinance; and she is a certified avian specialist, licensed by the State, and has been breeding exotic birds in the County since 1990. She stated she bought her property in Canaveral Groves with the specific intention of breeding birds; she spent a great deal of time researching the County and State laws in order to select a suitable location for the activity; and she wanted to avoid problems with existing or future neighbors. She stated her property is zoned AU as are the properties around her; this classification met all the criteria for what she needed; and described the area. She stated she warned Mr. and Mrs. Ballard, before they purchased the property next to her, that exotic birds can be noisy, and requested they view the property before the sun goes down; but they knowingly purchased the property, and now they are complaining. She disputed allegations made by Mr. Ballard relating to number of birds; and stated those people who do not want to put up with animal noise can live on GU property where they are protected. She stated the County is becoming urbanized; people are moving from the city to the country and are used to residential restrictions; and they want to force those restrictions on people who have been pursuing agricultural pursuits for many years. She advised of the Florida Right to Farm Act which protects farmers from nuisance lawsuits. She stated if the exemption for birds is removed, it will put every bird breeder out of business; and requested the Board select Option 4 to take no action.

Commissioner Scarborough inquired if Mr. Ballard is present today; with Chairman Higgs responding no. Commissioner Scarborough inquired if he was notified of the meeting; with Assistant County Manager Peggy Busacca responding he was notified in writing.

Mary Tees, Secretary for the Central Brevard Humane Society, read aloud a statement from Clara Gunde expressing interest in an ordinance addressing exotic animals. She stated, as a private citizen, this is a quality of life, public safe and public health issue; the County can no longer consider itself rural; and it is time to bring conformity to and with State and federal laws controlling the care and number of exotic animals a person is permitted to keep.

Patricia Chauvin, Secretary of the Florida Alternative Livestock Association, stated she is an exotic animal breeder; and read aloud a letter to Secretary of Agriculture and Consumer Services Bob Crawford and his response concerning the definition of agriculture in Chapter 570.02, F.S. and the inclusion of bird breeding under that definition. She commented on threatened and endangered animals; and recommended taking no action concerning birds or other exotic animals.

Joy Dykes stated breeding exotic birds has been her livelihood since 1978; in 1982 after research, she moved to AU property in Canaveral Groves; at that time the Zoning staff assured her that her property was zoned for the purpose intended, and that she would be operating lawfully producing and selling birds, provided the necessary Codes, permits and licenses were secured, even with a single acre. She advised of financial investment to purchase and improve the property, build a home, and construct suitable aviaries for the birds; and outlined the permits and licenses she holds. She stated this is her primary livelihood; and requested the Board recognize the lawful agricultural pursuits.

Commissioner Scarborough stated some of the people have commented on raising exotic animals beyond birds.

William Belcher stated he has a new house, but people moved in next door who raise birds. He stated he does not have a problem with people raising birds, but they should control the noise.

Commissioner Voltz stated she would not want birds living next to her; it is like an airport; and people know there is an airport, but move there anyway and complain about the noise. She stated it is zoned correctly; agriculture is an appropriate zoning; unfortunately, birds make noise; and recommended Option 4, taking no action.

Commissioner Scarborough stated there has been extensive discussion on this issue, but it is not possible to get away from the problem; and Mr. Belcher has a home, and the birds moved in next door. Commissioner Voltz inquired what is the property zoned. Commissioner Scarborough stated the noise from the birds is the problem; and the Board is not going to see a perfect resolution to the issue.

Chairman Higgs stated people who have purchased homes and are raising exotic birds have certain rights which can be handled in some ways; but as she sees more of the exotic animals being bred in the County in large numbers, she is concerned about establishing some criteria for the raising of exotic animals. She stated when people move into an AU area, they think about horses and cows, but not exotic birds; and she recognizes that people have invested in property and are raising birds now, but there can be grandfathering issues to handle that. She stated the Board should look at a conditional use permit or a size criteria for the raising of some types of animals even in an AU zone. She stated AU on one acre is an anomaly; two and one-half acres is the minimum for AU in the current Zoning Code; and one acre AU is not standard although there are some in certain parts of the County. She stated she is not interested in taking away certain rights that people have now, but looking to the future; and if the Board does not do something, it will compound the problems.

Commissioner Voltz stated there is a group in Palm Bay that has a quarter-acre residential lot in a residential neighborhood, and they have exotic animals like tigers; and when the City looked into it, the State said there was nothing the City could do. She stated they have State permits that allow them to raise the animals; and there was nothing the City could do. Chairman Higgs inquired if it is possible through the Zoning Code to regulate the types of animals. County Attorney Scott Knox stated there is a limited preemption, but he is not sure it extends to land use. Chairman Higgs inquired in that case why is the Board talking about exotic animals. Commissioner Voltz stated the issue is exotic birds. Chairman Higgs noted the Board will be talking about exotic animals under another item later today. Mr. Knox stated he will check the Statutes.

Commissioner Carlson stated she wants to know what Animal Services has to say about exotic birds; and inquired if it would be possible to designate criteria to allow certain types of birds; with staff responding the problem is with all the different species, and commented on the difficulty in being breed specific. Staff advised a 250-foot setback on AU property instead of a 100-foot setback would be much better to move the noise away; and Animal Control's main concern is the condition in which the animals are kept. Commissioner Voltz advised there is a lot of State criteria on conditions for keeping animals. Commissioner Carlson stated if the Noise Ordinance was applied, it would be difficult because the noise carries so far.

Commissioner Scarborough inquired if it would be possible to move this issue into the larger exotic animals discussion. He stated the birds have a unique role with the noise; other animals have other attributes that will cause questions such as the danger with the tiger; and inquired if it is possible to go to the next hearing.

Motion by Commissioner Scarborough, to move to Item VI.B.1, Permission to Advertise Public Hearing, Re: Ordinance Amending Chapter 14, Animal Enforcement. Motion died for lack of a second.

Chairman Higgs stated the other animal issue concerns sale of tags, and the larger discussion is not today. Commissioner Scarborough stated that is unfortunate because there is a need to integrate some of the concepts because it involves State rules, noise rules, safety, and animal issues, and underlying it all is the zoning issue; he agrees that sometimes local government is preempted, but sometimes there is redundancy; and if someone picked up only one section of an Ordinance, he or she could get an incomplete picture of what is out there. Commissioner Scarborough stated the discussion today is dealing with AU property; but there are more complaints in residential areas than in AU, so the discussion may need to focus on the residential issue and the number of animals people have. Commissioner Scarborough stated at the last meeting, Commissioner O'Brien talked about different classes of animals; and that was not addressed today. He stated the more dangerous the animal, there could be a zoning issue that emerges from it; so while the State is concerned with the proper care of the animals, the County needs to be concerned about compatibility to adjoining properties. Chairman Higgs stated in Palm Bay, as in the County, there was no provision in the Code for certain types of exotic animals; and Palm Bay would have had to grandfather that use; so even if the City had enacted a new ordinance, it would not have solved the tiger problem. She stated that was the issue, not the lack of the right of the municipality to institute a Code. Commissioner Scarborough stated the issue will have to come back at a later date. Chairman Higgs advised the Board will take no action at this point, but it does not preclude further discussion at the time when exotic pets are discussed. Commissioner Voltz inquired when that will be on the Agenda; with Mr. Jenkins responding he will check as he is not sure.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE ON ACCESSORY STRUCTURES AND GUESTHOUSES

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to grant permission to advertise a public hearing to consider an ordinance regarding accessory structures and guesthouses. Motion carried and ordered unanimously.

WAIVER OF APPLICATION FEE, RE: FAWN LAKE HOMEOWNERS ASSOCIATION

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to waive the road conversion application fee of $100 for an inspection of the roadways within the Fawn Lake Subdivision as requested by the Fawn Lake Homeowners Association. Motion carried and ordered unanimously.

CONSIDERATION OF REQUEST FOR REDUCTION OF FINE AND RELEASE OF CODE ENFORCEMENT LIEN, RE: 3000 S. ATLANTIC AVENUE, COCOA BEACH

William Weller, representing Maxine Hawie, stated Ms. Hawie is an invalid and has been disabled since 1995; at one time she owned an eight-unit complex in Cocoa Beach, but due to health problems, she could not make the improvements to bring it up to Code; and she had three Code Enforcement liens on the property. He stated when he got them last month, the total against the property was $363,275; Ms. Hawie owns another piece of property which she is trying to sell, but with $363,275+ in liens, there is no way the liens can be paid off; and that property is also in foreclosure. He stated the property at which the liens occurred has been lost through foreclosure and Ms. Hawie no longer owns it; there was a hearing before a Special Master; and the result was to reduce the lien to three times $750 or $2,225, which would mean the County would get some money and Ms. Hawie might be able to sell her property. He requested the Board approve the recommendation of the Special Master.

Commissioner O'Brien inquired about Ms. Hawie selling the property. Mr. Weller stated the property is a house, and there is a provision in the Florida Statutes that says a lien cannot be enforced against a homestead; but a title company may insist on the lien being paid off, in which case at closing, the County will get $2,225. Commissioner O'Brien inquired if the client is trying to sell the property; with Mr. Weller responding she is trying to sell her house, but she already lost the property the liens are on. Commissioner O'Brien stated if the house is sold in foreclosure, the bank will get all the money; with Mr. Weller advised the County and Ms. Hawie will both get wiped out. Commissioner O'Brien stated he wants people to understand that unless the Board agrees to the lesser amount, the County will get nothing.

Motion by Commissioner O'Brien, seconded Commissioner Voltz, to approve reduction of the accrued Code Enforcement fines for Cases 96-0975, 96-02983, and 98-2063 to $7150 per case, and direct staff to prepare and execute release and satisfaction of lien upon receipt of payment. Motion carried and ordered; Chairman Higgs voted nay.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 14, ANIMAL ENFORCEMENT

Dr. Joe Ward, Animal Services and Enforcement Director, stated the request is for several things having to do with tags and State mandated vaccination certificates; at this time they have not received all of the State mandated certificates, but have little means of enforcing the State laws, other than to bring it to the attention of someone in the State; and in terms of tag sales, there has been ongoing discussion with the Veterinary Association. He stated the Veterinary Association came forward with several options; the Board decreased the price of tags over a two-year period from $15 to $5 in anticipation that veterinarians would begin to sell tags; and some but not all have come on board. He stated they want to license all companion animals in the County; the Veterinary Association estimates they see approximately 65,000 animals a year; a survey shows that the majority of the people would prefer to buy tags at the veterinarians' offices and if the veterinarians are all selling tags, at least 65,000 animals would be registered. He stated at this time approximately 40,000 animals are registered; and the importance is to determine ownership for stray animals and ownership and vaccination history for animals involved in bites or other injuries to people. He noted 17 other counties require veterinarians to sell tags; and advised of inclusion of definitions and housekeeping changes in the proposed ordinance.

Commissioner O'Brien stated the County is spending $1.9 million for Animal Control; and the veterinarians are not necessarily helping the County to sell tags to cover that cost. He stated a lot of the Animal Control work is with wild animals. Dr. Ward advised the State requires rabies vaccination certificates. Commissioner O'Brien stated the County could not require a tag be purchased at that time; with Dr. Ward responding it could. Commissioner O'Brien stated the veterinarians are not supporting that law; with Dr. Ward responding that is correct. Commissioner O'Brien inquired if the State passed a law that required all veterinarians to sell the tag, would a veterinarian be forced to refuse service to someone who had an animal that was not tagged; with Dr. Ward responding he does not think so; and the idea is to get as many animals tagged and with rabies shots as possible. Dr. Ward stated the combination of the two things go back to the earliest attempts to reduce rabies which was in England in 1886; and advised of the history. Commissioner O'Brien inquired about cats; with Dr. Ward responding cats have taken over as the prime companion animal to have rabies; and the same things apply to cats as to dogs, such as tags and the leash law.

Commissioner Scarborough stated some veterinarians have concerns and are responding in a negative sense to the County's approach; and there has been a failure to come together and agree. He stated Dr. Ward has other things that need to move forward; and he would like to move forward with the administrative clerical changes at this time, and ask Dr. Ward to proceed with further dialogue with the veterinarians. He stated the veterinarians need to know there is a possibility the Board can take these actions, but he is not prepared to do it today.

Motion by Commissioner Scarborough, to approve advertising an ordinance for public hearing amending Chapter 14, Animal Control with deletion of tag sales.

Commissioner Scarborough withdrew the motion.

Commissioner Voltz inquired was there an issue about veterinarians getting part of the money. Dr. Ward responded he does not know if that has been a big issue; currently they get $1 per tag that they sell voluntarily; in the past it has been approached by having the County assume the cost for picking up animal carcasses from each veterinarian which offset the administrative costs of handling the tags; and advised of the streamlined process. Commissioner Voltz stated the County should not make people do this; however, the letter from the Brevard County Veterinary Medical Association recommended the Florida Department of Business and Professional Regulation handle the matter so the County would only need to file complaint with the Department against those veterinarians not in compliance. Chairman Higgs advised that would only be for rabies vaccination. Dr. Ward agreed it has nothing to do with the tags. Chairman Higgs stated the issues are related because if the County knows the pet owners, it can call to ask them to buy the County tags. County Manager Tom Jenkins advised staff has met with the veterinarians on several occasions to get their cooperation; and the reason the item came to the Board is the County has not received cooperation after several attempts to get compliance. He stated it is having a fiscal impact on the Animal Services and Enforcement budget, and if they do not generate the revenues projected to be received, either services will have to be reduced or the Board will have to come up with $100,000 to $200,000 in funding. Commissioner Carlson stated the Board just increased Animal Services recently.

Chairman Higgs stated there is an ability to get the rabies records and use that to generate a notification to pet owners that they need to get a County license; and that has been part of the plan all along. Dr. Ward stated that is correct, and a section has been included to help get those from the veterinarians. Chairman Higgs stated Animal Services has moved forward to sell tags through a variety of retail outlets; and they have had success in getting people to participate in that. She stated the County has not been able to mesh well with the veterinarians and their interests; she does not have a big hope of it working; forcing them to sell tags will not help; and the County should go its own way. She stated when the County agreed to go to the $5 so the veterinarians would sell the tags, she did not think that was wise; but it would be less wise to force the veterinarians to sell the tags, although she hopes they will. She stated the County will have the same arrangement with veterinarians as with any other vendor; expressed concern about forcing the veterinarians to sell the tags or the County relying on them to do that; and stated it may be necessary to do a different financial arrangement, and she will support Commissioner Scarborough's position.

Commissioner O'Brien suggested asking Animal Control to research which counties in the State have been successful and why; and stated the County's plan is not working. Chairman Higgs stated the Board has, at various times, seen different plans; and some counties that have been successful are charging much more for their tags. She noted Dr. Ward has reports and can provide them to the Board.

Commissioner Carlson inquired about the time frame in terms of losing revenue; with Mr. Jenkins responding the County started losing revenue at the start of the fiscal year, and it will continue to occur. Commissioner Carlson inquired about the comparative revenue stream based on last year; with Dr. Ward responding it was supplemented by $167,000 for last year. Chairman Higgs stated the County did not have the computer program at that time that it is purchasing this year. Dr. Ward stated staff is in the process of setting that up, but the program will not do good until he can get identification of all pet owners. Commissioner Carlson stated it will be necessary to get vet cooperation in that regard; and inquired if it can be addressed that way to see how the system is going to work; with Dr. Ward responding that would be up to the Board.

Commissioner O'Brien inquired what is the fine for a dog that is not tagged; with Dr. Ward responding $115 for the first offense, and if there is no rabies vaccination, it is an additional $115. Commissioner O'Brien inquired if Animal Control finds many animals like that; with Dr. Ward responding yes. Commissioner O'Brien inquired if Animal Control finds the owners very often and do they want to pay to get the dog back; with Dr. Ward responding they find them in a good percentage of the time and outlined the fees that must be paid to get the dog back. Dr. Ward advised if they get the system in place, they can return a dog if it has a tag; and the owner may get a citation for not having a vaccination if it is not current, but if the tag is current. Commissioner O'Brien stated it would have to be a dedicated owner to pay that kind of money to get the animal back.

Commissioner Scarborough stated he met with someone yesterday who alleges, and Dr. Ward confirms, there are some veterinarians who have told their clientele that the County tag is not required, so it goes beyond the failure to participate.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant permission to advertise a public hearing to consider the proposed ordinance amending Chapter 14, Animal Enforcement, deleting the section requiring sale of tags by veterinarians.

Commissioner O'Brien inquired if the veterinarians would be willing to put up a sign advising dog tags and rabies tags are required in the County, and the fine is $115; with Dr. Ward responding some would not have a problem with that, but he cannot speak for all of them.

Chairman Higgs stated the County needs to move forward with a program for Animal Control, and let the veterinary profession do their business; and if they can be supportive of what the County is trying to do, that is wonderful. She stated at some point the veterinarians may decide that a great relationship is in their interest, but it has not been, and the Board is barking up the wrong tree. Commissioner Carlson commented on the value of signs at veterinarians. Chairman Higgs stated some of the veterinarians who are not willing to sell tags, do give out the Humane Society slip, so they are cooperating in that way. Commissioner O'Brien stated the Health Department requires companies to put up signs advising that employees must wash hands; and the Board may want to look at an ordinance requiring veterinarians to post a sign, although they do not have to sell tags.

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

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to direct staff to bring back, at the public hearing for the ordinance, language for signs to be posted in every veterinarians office informing the public that tags are required and the find for failure to have a tag.

Commissioner O'Brien stated the Board may want to consider an ordinance saying that veterinarians who care for companion animals shall be required to post the sign in public view. Commissioner Voltz stated if the Board is not going to make the veterinarians sell tags, why would it reduce the tags to $5. Mr. Jenkins noted it is at $5 at this time. Commissioner Voltz suggested it be increased to what it was before.

Chairman Higgs stated she will vote against the motion as the Board is not being productive in the way it is doing this and needs to sell the tags through a totally separate means. She called for a vote on the motion. Motion carried and ordered; Chairman Higgs voted nay.

Commissioner O'Brien clarified his motion did not say veterinarians had to sell the tags, only put the sign up.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to increase the fees to $15 for animals that have not been neutered or spayed and $10 for neutered or spayed animals.

Dr. Ward suggested there be a real differential such as $25 for those which are unneutered and $10 for neutered; with Commissioner Voltz requesting Dr. Ward come up with a rate resolution.

Chairman called for a vote on the motion to bring back an increased rate resolution. Motion carried and ordered unanimously.

The meeting recessed at 2:49 p.m. and reconvened at 2:59 p.m.

ACKNOWLEDGE RECEIPT, RE: CAPITAL IMPROVEMENTS PROGRAM

Commissioner O'Brien stated he has questions about some of the capital improvement items, but he will move forward today, reserving the right to bring back any item in the future.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to acknowledge the Capital Improvements Program, reserving the right to bring back any item.

Commissioner Carlson stated the Williams House Project has been removed.

Chairman Higgs called for a vote on the motion to acknowledge the Capital Improvements Program minus the Williams House Project, reserving the right to bring back any item in the future. Motion carried and ordered unanimously.

APPROVAL OF HAZARD MITIGATION GRANT APPLICATION, RE: WILDFIRE PREPAREDNESS PROGRAM FOR BREVARD COUNTY FOR FEMA-FL-DR-1223

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve application for hazard mitigation grant for wildfire preparedness program; designate the Emergency Management Director as the applicant agent to execute request for reimbursement, necessary certifications, and supporting documentation; and authorize the County Manager or his designated representative to execute any amendments or changes to the mitigation initiative. Motion carried and ordered unanimously.

APPROVAL, RE: PRECINCT LEGAL DESCRIPTIONS ALTERED AND ADDED

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the Revised Precinct Legal Descriptions for the changes to existing precincts due to the Consent Decree that alters the method of electing the Cocoa City Council from at-large to single-member districts. Motion carried and ordered unanimously.

DISCUSSION, RE: CHANGES TO FLORIDA STATUTES ON SUBMISSION OF PROPERTY APPRAISER AND TAX COLLECTOR BUDGETS TO THE BOARD OF COUNTY COMMISSIONERS

Commissioner O'Brien stated every year the Property Appraiser and Tax Collector have sent their budgets to the Governor for approval before coming to the Board; and in order to change that practice, it is necessary to request the State change the law that would allow the Board to review first, and then if they do not like the result, they can go to the Governor. He stated this takes away any kind of teeth that the Board may require to look at certain budgets of Constitutional Officers. He stated the Board is the one paying the bill, but has no say in how much they are going to spend; the Tax Collector, Property Appraiser and others have been frugal in their spending; but he does not like the methodology, and recommended the County Manager and staff look at the wording for the Legislative Package.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to direct staff to develop wording to be included in the Legislative Package requesting a change in General Law to require the Property Appraiser and Tax Collector to submit their budgets to the Board of County Commissioners on or before June 1, and August 1, respectively of each year and in a form and manner prescribed by the Board. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - MARY TEES, RE: PORT ST. JOHN PARKWAY

Mary Tees stated naming the Port St. John Parkway will unite the east and west sides of Port St. John and eventually connect I-95 to the Fay Lake Wilderness Park; and commented on name recognition. She stated at the present time there are no businesses or residents fronting the road; therefore there will be no expense to residents for changing stationary, legal documents, etc. She stated the east connector is being constructed with maximum use of visual and vegetative enhancements; to the west it is a planned limited access road; and no exits to the south are planned, nor will they be welcomed by the residents of Canaveral Groves. She stated the interchange will be something the County can be proud of; and Parkway is an appropriate name, given the construction and planned upscale development; therefore, she is requesting that the east and west connector be given the name Port St. John Parkway. She advised of a letter from Maureen Rupe indicating there was a unanimous vote of the Port St. John Homeowners Association to support the naming as Port St. John Parkway; and advised the letter was faxed to the Commissioners' offices.

Nikki Kisner, speaking for the Canaveral Groves Homeowners, stated the group unanimously favors the statement which she faxed to all Commissioners yesterday. Chairman Higgs inquired if the group favors a particular name. Ms. Kisner responded names have been suggested and Canaveral Groves wishes the name to be neutral. Ms. Kisner stated at the terminus of the east connector road with Grissom Parkway, it is her understanding that a sign will be installed which will instruct motorists that a left turn will take them to Port St. John and a right turn will take them to Canaveral Groves; and though the road may be located nearer to Port St. John than to Canaveral Groves, the fact remains that presently the road is located outside of what is commonly recognized as the boundaries of either community. She stated the west side of the interchange does stub out in Section 28 of Canaveral Groves as indicated by the Small Area Plan study, and the road does not run through either community; but this may not always be the case as it is common knowledge that Port St. John does have an interest in expanding its boundaries through a community overlay or incorporation. She stated Canaveral Groves residents desire to keep the community of a rural nature and to limit access to through traffic; and it should be understandable that there is a concern among some residents that Port St. John's expansion will lead to encroachment into areas that are within the boundaries of Canaveral Groves. She stated Port St. John's claiming of the east connector road could be construed as heading in this direction. She stated in recognition that this situation does exist, there was an understanding early on between the two homeowners associations that in the interest of promoting the growing friendly relationship between the communities, any new name should be either a reflection of the name of both communities or something entire unrelated. She stated the sudden reversal by the Port St. John Homeowners Association comes as a surprising and unwelcomed circumstance. She stated it is not her intention to make an issue of the situation, but she does wish to make her feelings known to the Board.

Commissioner Scarborough stated as Ms. Kisner's letter indicates, there are east and west connectors and explained how they connect to the road network; and stated Canaveral Groves has opted to not have the west connector road. He stated there is a signage on I-95 so the road name is not absolutely necessary to identify the communities. He stated he wishes there was a consensus between the two communities; to compound the problem, FDOT is putting up signage that it is Port St. John Road; and it will not be possible to make everyone happy.

Commissioner O'Brien stated he has no problem naming this Port St. John Parkway or some name using both community names, but it is his belief that the roads should be named for veterans.

Discussion ensued on names for the road including Scrub Jay Parkway, Egret Way, Bobcat Trail, Heron Way, Groves Port Boulevard, Friendship Boulevard, Amity Drive, Magnolia Drive, Harmony Boulevard, Live Oak Parkway, Hummingbird Way, and Bennett Way.

Chairman Higgs expressed doubt about the Board naming the road at this time.

Ms. Tees stated Port St. John is a community of 20,000+ people; and it is time to have the community's name somewhere.

Commissioner Scarborough stated he has met with both groups, and would be surprised if there is an absolute solution. He stated since the State already has a sign, there is no rush; and suggested rescheduling the item. Chairman Higgs advised someone suggested a road in South Brevard being named after late Governor Lawton Chiles.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve naming the new connector road from the I-95 overpass, the Port St. John Parkway.

Commissioner Scarborough stated the road does wrap into the Port St. John community and not into Canaveral Groves.

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

DISCUSSION, RE: ESTABLISHMENT OF COUNTYWIDE LAND MANAGEMENT POLICY FOR COUNTY-OWNED LANDS

Chairman Higgs stated the item asks the Board for a policy providing that when it is not inconsistent with an intended use, County-owned lands be managed to preserve the natural resources of the site, and this be done to the maximum extent feasible taking into account primary and future uses, neighborhood compatibility, and cost. Commissioner O'Brien stated he agrees, but if it is property the County is not using or planning to use, it should sell it rather than spend money managing it.

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

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve the Land Management Policy for property (non-EEL or conservation) owned by the County, and direct the County Manager to implement it: "When it is not inconsistent with the intended use, County-owned land should be managed to preserve the natural resources of the site. This should be done, to the maximum extent feasible, taking into consideration primary uses, future uses, neighborhood compatibility and costs."

County Manager Tom Jenkins stated it is already a standard practice that if property is not needed, it is sold. He noted there may be some small parcels that cannot be sold, but the inventory has been streamlined; and the policy is referring to property that may be owned by Parks and Recreation, Surface Water, Road and Bridge or Water/Wastewater.

Vice Chairman O'Brien inquired instead of managing lands, why can they not be left in their natural state. Commissioner Higgs stated leaving them in a natural state is the best thing, and is what she is encouraging. Commissioner Voltz stated if there is a cost, the Board should know about it. Commissioner Higgs stated the cost would be the normal cost for management of lands.

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

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

LIAISON ASSIGNMENTS

Chairman Higgs distributed the list of liaison committee assignments for 1999-2000 as follow:

Commissioner Truman Scarborough

Value Adjustment Board East Central Florida Regional Planning Council Metropolitan Planning Organization Judicial Conflict Committee Water Supply Working Group Finance Committee

Commissioner Randy O'Brien

Beach Erosion Control Advisory Committee Value Adjustment Board Tourist Development Council Metropolitan Planning Organization KSC Congressional Support Committee

Chairman Nancy Higgs

East Central Florida Regional Planning Council Public Safety Coordinating Council Metropolitan Planning Organization Juvenile Justice Comprehensive Strategy Planning Committee Art in Public Places

Commissioner Sue Carlson

Economic Development Council Indian River Lagoon National Estuary Program Policy Committee SJRWMD Seven Region Recreation Advisory Council Metropolitan Planning Organization Election Canvassing Board

Commissioner Helen Voltz

Children's Services Council Extension Advisory Council Value Adjustment Board Juvenile Justice Council Juvenile Justice Comprehensive Strategy Planning Committee Metropolitan Planning Council

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 3:22 p.m.

ATTEST:

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

SANDY CRAWFORD, CLERK
( S E A L )