The Board of County Commissioners of Brevard County, Florida, met in regular session on December 2, 1997, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Helen Voltz, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs, and Mark Cook, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Reverend Jim McGhee, First Christian Church of Titusville.

Commissioner Helen Voltz led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to approve the Minutes of September 30, 1997 and October 14, 1997 Regular Meetings. Motion carried and ordered unanimously.

REPORT, RE: TITLE DEFECT ON GOVERNMENT CENTER PROPERTY

County Attorney Scott Knox advised in trying to close on the purchase of the Government Center, they found a title defect where the County gave easements to Florida Power & Light Company and City of Cocoa which the buildings are encroaching on. He stated it happened in 1990, and there may be power in those easements, but they are not sure; and requested waiver of the title defect. Commissioner Scarborough inquired if it will affect the financing; with Mr. Knox responding no.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to waive the title defect on the Government Center to facilitate closing on the title policy. Motion carried and ordered unanimously.

REPORT, RE: CHRISTMAS PARADES

Commissioner O'Brien advised the Merritt Island Christmas parade will be held on Saturday at 9:00 a.m. beginning at Merritt Island High School; the Cocoa/Rockledge parade is the following Saturday; and the Cocoa Beach parade will be on December 13, 1997. Chairman Voltz advised Palm Bay's Christmas parade will also be held on Saturday.

REPORT, RE: HARMFUL RADIO INTERFERENCE

Commissioner Higgs advised volunteer Emergency Management communications have been experiencing difficulties; REACT is a volunteer communication link during emergencies; and they have had interference on the Emergency Management network, and requested a letter be sent to the FCC to clear up the problem.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to authorize the Chairman to send a letter to the FCC requesting it investigate harmful radio interference relating to volunteer Emergency Management communications within Brevard County.

Ira Bickman, representing BEARS, advised of malicious interference with frequencies that are there to protect people in emergencies; and stated those people are committing acts not only on REACT, but on 911 calls also. He advised of the number of volunteers who are licensed and equipped, and who have helped the County during several hurricanes; and requested approval of the letter.

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

FINAL PLAT APPROVAL, RE: ISLAND CROSSING, 4A SUBDIVISION

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant final plat approval for Island Crossing, 4A Subdivision, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL PLAT APPROVAL, RE: VIERA, TRACT G-1, PHASE 3

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant final plat approval for Viera, Tract G-1, Phase 3, subject to minor changes if necessary, receipt of all documents required for recording, and Board approval not relieving the developer from obtaining necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: INTRACOASTAL ESTATES SUBDIVISION

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant final engineering approval for Intracoastal Estates Subdivision, subject to minor engineering changes as applicable. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: EAGLE POINT AT BENT OAK

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant final engineering approval for Eagle Point at Bent Oak, subject to minor engineering changes as applicable. Motion carried and ordered unanimously.

EASEMENT AND WAIVER OF FILING FEE FOR FAITH LAROCHE, RE: SHY HIGH DRIVE

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve a 30-foot easement known as Shy High Drive to provide access to Parcel 3; and waive exclusivity of the easement requirements and the filing fee for Faith W. LaRoche. Motion carried and ordered unanimously.

FOURTH AMENDMENT TO TRANSPORTATION IMPACT FEE TRUST FUND DISBURSEMENT AGREEMENT WITH CITY OF MELBOURNE, RE: POST ROAD WIDENING PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize the Chairman to execute Amendment to Transportation Impact Fee Trust Fund Disbursement Agreement with the City of Melbourne for Post Road Widening Project, extending the expiration date to September 30, 1999, to allow additional time to complete construction of scheduled improvements. Motion carried and ordered unanimously.

RESOLUTION, RE: COMMENDING LEE G. HAINES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution commending Lee G. Haines for over 13 years of meritorious service to Brevard County, and wishing him good health and happiness upon his retirement. Motion carried and ordered unanimously.

RESOLUTION, RE: CANCELING TAXES ON PROPERTIES ACQUIRED FOR ROAD RIGHTS-OF-WAY AND OTHER PUBLIC PURPOSES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution canceling taxes on properties acquired for road rights-of-way and other public purposes assessed in 1997 for the portion of the year the County owned the property. Motion carried and ordered unanimously.

AMENDMENT NO. 3 TO AGREEMENT WITH STOTTLER, STAGG & ASSOCIATES, INC., RE: KENNEDY POINT PARK DEVELOPMENT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Amendment No. 3 to Agreement with Stottler, Stagg & Associates, Inc. to provide engineering services for Kennedy Point Park development in an amount not to exceed $14,600. Motion carried and ordered unanimously.

APPROVAL, RE: COUNTY LIBRARY BOARD BY-LAWS AND POLICY

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve the County Library Board's By-laws and Policy as adopted by the Library Board on October 8, 1997. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: 1998 LIBRARY SYSTEM SERVICE GOALS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to acknowledge receipt of the 1998 Library System Service Goals portion of the Library Plan. Motion carried and ordered unanimously.

PERMISSION TO PURCHASE OFF EXISTING BID #B-1-7-07, RE: AMBULANCE REMOUNT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize the Public Safety Department to utilize the existing Bid #B-1-7-07, Ambulance Remount, awarded to Emergency Vehicle Technologies, Inc., to remount two ambulances. Motion carried and ordered unanimously.

APPROVAL, RE: SAFETY HAZARD PAY

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize safety hazard pay for non-LIUNA, Public Safety/Court Alternative Services employees who are assigned as Pre-trial Release Officers at the Detention Center/Jail, effective December 13, 1997, consistent with the LIUNA Labor Agreement. Motion carried and ordered unanimously.

ADDENDUM NO. 10 TO AGREEMENT WITH KEEP BREVARD BEAUTIFUL, INC., RE: LITTER PREVENTION AND BEAUTIFICATION EFFORTS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Addendum No. 10 to Agreement with Keep Brevard Beautiful, Inc. dated October 24, 1988, to continue the litter prevention and beautification efforts and programs. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF MELBOURNE, RE: COLLECTION OF WASTEWATER SERVICES FEES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with the City of Melbourne for the collection of wastewater services fees in the City's water service area. Motion carried and ordered unanimously.

PERMISSION TO BID, AWARD BID, AND APPROVE BUDGET CHANGE REQUESTS, RE: CARPENTER ROAD SEWER LINE EXTENSION

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant permission to bid, award bid to lowest responsive bidder, and approve Budget Change Requests for Carpenter Road Sewer Line Extension Project. Motion carried and ordered unanimously.

ACKNOWLEDGE INCREASE, RE: CHARGES FOR COLLECTION OF WASTEWATER SERVICE FEES BY CITY OF COCOA

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to acknowledge increase in charges for collection of wastewater service fees by the City of Cocoa, from $0.63 per month per account to $0.75 per month per account, effective March 1, 1998. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to reappoint John Banks and Roberta W. Bechtel to the Education Facilities Authority with terms expiring June 18, 2001; and appoint Andrew D. Fredericks, 7380 Murrell Road, Melbourne 32940, with term expiring December 31, 200, and Andrew W. Revay, Jr., 150 W. University Boulevard, Melbourne 32901 with term expiring December 31, 1998, to the Education Facilities Authority. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET TRANSFERS

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

PUBLIC HEARING, RE: RESOLUTION VACATING PORTION OF DITCH IN SECTION 22, TOWNSHIP 23S., RANGE 36E. - MALCOLM KIRSCHENBAUM

Chairman Voltz called for the public hearing to consider a resolution vacating a portion of a ditch right-of-way in Section 22, Township 23S., Range 36E., lying southerly of North Tropical Trail and westerly of SR 3, as petitioned by Malcolm Kirschenbaum, Trustee.

There being no objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Cook, to adopt Resolution vacating a portion of a ditch right-of-way in Section 22, Township 23S., Range 36E., as petitioned by Malcolm Kirschenbaum, Trustee. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN MELBOURNE HEIGHTS, SECTIONS B AND C - BOARD OF COUNTY COMMISSIONERS

Chairman Voltz called for the public hearing to consider a resolution vacating rights-of-way in Melbourne Heights, Sections B and C, as petitioned by the Board of County Commissioners. She stated the paper work says Florida Power & Light Company and Road and Bridge had problems with the vacating; however, Mr. Ed "Buzz" Tietig said it was cleared up.

Surveyor Beverly Sutphin advised Road and Bridge removed its concerns, and Florida Power & Light Company's concerns were reduced with both plans.

Commissioner Higgs advised the vacating is to try and provide fewer roads and intersections, and a better community; Option 1 is recommended by staff, and Option 2 will provide more access points and a better network; and both are sufficient as an experiment. She stated before the Board does this again, it should give it a few years to determine if it is what the Board wants to do in other areas. Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt Resolution vacating rights-of-way in Melbourne Heights, Sections B and C, as petitioned by the Board of County Commissioners and recommended by County staff.

Chairman Voltz advised Mr. Ed "Buzz" Tietig said he talked to the people, and 28 agreed with his proposal and one agreed with the staff's plan. Commissioner Higgs stated Mr. Ed Washburn prefers Option 2, and she does not have strong feelings about either option.

Assistant Public Works Director Ed Washburn advised Option 2 provides a more systematic road network and access to the back.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner O'Brien, to rescind the previous motion, and adopt Resolution vacating rights-of-way in Melbourne Heights, Sections B and C, as petitioned by the Board of County Commissioners and recommended by Mr. Ed "Buzz" Tietig. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN BAREFOOT BAY, UNIT ONE - RAYMOND AND RITA MALVITZ

Chairman Voltz called for the public hearing to consider a resolution vacating public utility easements in Barefoot Bay, Unit One, as petitioned by Raymond H. and Rita J. Malvitz.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution vacating public utility easements in Barefoot Bay, Unit One, as petitioned by Raymond H. and Rita J. Malvitz. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN BAREFOOT BAY, UNIT ONE - BAREFOOT BAY REALTY, INC.

Chairman Voltz called for the public hearing to consider a resolution vacating public utility easements in Barefoot Bay, Unit One, as petitioned by Barefoot Bay Realty, Inc.

There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution vacating public utility easements in Barefoot Bay, Unit One, as petitioned by Barefoot Bay Realty, Inc. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITIES AND DRAINAGE EASEMENT IN WICKHAM ROAD BUSINESS CENTER NORTH, PHASE ONE - SEACOAST DEVELOPMENT PARTNERS, INC.

Chairman Voltz called for the public hearing to consider a resolution vacating public utilities and drainage easement in Wickham Road Business Center North, Phase One, as petitioned by Seacoast Development Partners, Inc.

There being no objections heard, motion was made by Commissioner Cook, seconded by Commissioner O'Brien, to adopt Resolution vacating public utilities and drainage easement in Wickham Road Business Center North, Phase One, as petitioned by Seacoast Development Partners, Inc. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: TEMPORARY USE AGREEMENT WITH SOUTHERN TIMBERLAND CORPORATION AND MACASPHALT, AND WAIVER OF LAND DEVELOPMENT REGULA- TIONS, RE: LOCATION OF PORTABLE ASPHALT PLANT, EQUIPMENT AND MATERIALS

Chairman Voltz called for the public hearing to consider a Temporary Use Agreement with Southern Timberland Corporation and MacAsphalt, and waiver of Land Development Regulations to locate a portable asphalt plant, associated equipment and materials on property zoned for agricultural use in conjunction with the resurfacing of U.S. 1, and to waive the requirement for an 80-foot wide paved access road from the site to SR 5A.

Commissioner Scarborough stated MacAsphalt has been very cooperative. Ken Dalton, representing MacAsphalt, Inc., advised he will answer any questions the Board may have.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to waive Land Development Regulations for an 80-foot wide paved access road from the designated site to SR 5A, and execute Temporary Use Agreement with MacAsphalt and Southern Timberland Corporation to locate a portable asphalt plant, equipment, materials and related activities on property zoned for agricultural use, in conjunction with the resurfacing of U.S. 1 between SR 46 and Volusia County. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE MODIFYING ZONING PROCEDURES

Chairman Voltz called for the public hearing to consider an ordinance modifying the zoning procedures to provide for continuation of the Board's proceedings under specified conditions. County Attorney Scott Knox advised the ordinance will change the Board policy to allow it to consider new or different information at zoning hearings.

Commissioner Higgs stated the change requires the Board to give information to the applicant, but the applicant does not have to give the Board information. She stated the County Attorney suggested new evidence not presented to the P&Z Board be given to staff two weeks in advance; and recommended that be included as Section 2 of the ordinance. Commissioner Cook stated two weeks may not be fair if the Board only gives the applicant five days.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to continue the public hearing to consider an ordinance modifying the zoning procedures until December 9, 1997, and direct the County Attorney to draft an ordinance to include Section 2, requiring the applicant to submit any new evidence not submitted to the P&Z Board at least two weeks in advance, and failure to do it may be grounds for a continuance. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING AGRICULTURAL RESIDENTIAL ZONING CLASSIFICATION PERMITTED USES

Chairman Voltz called for the public hearing to consider an ordinance amending the Agricultural Residential zoning classification permitted uses, permitted uses with conditions, and conditional uses; and advised the Board talked about having foster homes and group homes as permitted uses with conditions, but it is not included in the paper work. She stated the only condition would be to notify residents within 500 feet.

Zoning Official Rick Enos advised foster homes and group homes up to Level 2, which is up to nine residents, are permitted in the AU zone as well as other residential zones; anything over nine residents is a conditional use right now; the issue is more far-reaching than just the AU zone; and staff is proposing a different ordinance to deal with all the assisted living issues which should come to the Board in the Spring.

Commissioner Cook questioned the 2.5-acre lot size minimum for churches which would limit churches; with Mr. Enos responding it is not a new condition and has been moved from permitted uses to permitted uses with conditions. Commissioner Cook disagreed with the minimum lot size. Mr. Enos stated there are AU lots that are nonconforming and one acre in size in several areas of the County, and one acre may be too small for a church.

Commissioner Scarborough stated there are rules that tie parking to seating capacity which should govern the size of the church. Mr. Enos stated he could put churches under permitted uses and remove the condition.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to amend the ordinance to place churches under permitted uses and remove the 2.5-acre minimum lot size requirement. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; amending Article VI, Division 4, Subdivision 2, specifically amending Section 62-1334, Agricultural Residential, AU, for specific uses permitted with conditions and conditional uses, as amended, removing the minimum lot size requirement for churches. Motion carried and ordered unanimously. (NOTE: Ordinance was later reconsidered.)

Commissioner Cook advised his second is with the condition of the LPA recommendation that bed and breakfast inns not have a minimum lot size of 2.5 acres; with Commissioner Higgs responding her motion was to adopt the ordinance as drafted.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to reconsider the ordinance amending Agricultural Residential Zoning Classification. Motion carried and ordered unanimously.

Commissioner Scarborough advised the LPA recommendation is for bed and breakfast inns and boarding houses; and inquired what is meant by boarding houses. Commissioner Cook recommended it be limited to bed and breakfast inns. Mr. Enos stated the AU zone applies only to bed and breakfast inns; the boarding house was attached because it is in the CUP which applies elsewhere in the Code; so staff can clarify that it only applies to bed and breakfast in the AU zone.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to amend the ordinance deleting the minimum lot size requirement for bed and breakfast inns in AU zone. Motion carried and ordered; Commissioners Scarborough and Higgs voted nay.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner O'Brien, to adopt an Ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; amending Article VI, Division 4, Subdivision 2, specifically amending Section 62-1334, Agricultural Residential, AU, establishing appropriate provisions for specific uses permitted with conditions and conditional uses and also modifying language; creating a definition for fish camps under Article VI, Division I, Section 62-1102 for clarification of use; creating Section 62-1835.4.5 providing conditions for fish camps; creating Section 62-1841.6 providing conditions for sanitariums and convalescent homes; creating Section 62-1842.5 providing conditions for tenant dwellings; creating Section 62-1831.5 providing conditions for churches; creating Section 62-1919.5 providing conditions for clinics; creating Section 62-1924 providing conditions for crematoriums; creating Section 62-1935.5 providing conditions for hospitals; amending Section 62-1944, Public or Private Clubs, including art galleries, providing minimum acreage requirement for AU zoned properties; amending Section 62-1949, Solid Waste Disposal Areas and Landfills, providing minimum acreage requirement for AU zoned properties; amending Section 62-1956, Veterinary Hospitals or Clinics, Pet Kennels, providing minimum acreage requirement for AU zoned properties; providing for conflicting provisions; providing for severability; and providing an effective date, as amended removing the minimum lot size requirement for churches and bed and breakfast inns. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE ESTABLISHING DISABLED PARKING STANDARDS

Chairman Voltz called for the public hearing to consider an ordinance establishing standards for disabled parking.

Commissioner Cook inquired if the Florida Accessibility Code of Building Construction is a State law; with Community Development Services Administrator Peggy Busacca responding the requirement would be consistent with the Florida Accessibility Code. Commissioner Cook inquired if Code Enforcement would be enforcing maintenance of parking signs by site plan review, since the Sheriff has the ability to enforce the law as it exists; with Ms. Busacca responding staff would enforce the Code where existing signage and lots are not maintained and not properly marked. Commissioner Cook inquired if Code Enforcement would address the size of existing parking spaces; with Ms. Busacca responding if they were permitted under the Code of that time, staff will not require them to put in additional parking spaces to come up to Code; however, if they modify the parking lot, they will have to, but can reduce non-disabled parking spaces or provide parking offsite. She noted staff will work with the people so it will not become a burden.

There being no further comments or objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Ordinance amending Chapter 106, Traffic and Vehicles, Code of Ordinances of Brevard County, Florida; specifically amending Section 106-1, Definitions; amending Section 106.34, Public Parking Spaces for Certain Handicapped Persons; amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; amending Section 62-3206, Traffic Parking and Loading Requirements; creating Section 22-270, Adoption of Accessibility Code; creating Section 22-271, Penalty; providing for appeals; providing for conflicting provisions; providing for severability; providing for area encompassed; and providing an effective date. Motion carried and ordered unanimously.

RESOLUTION, RE: SETTLEMENT OF MATHERS BRIDGE RESTAURANT CASE (STEVE S. VASZARY VS. BREVARD COUNTY)

Motion by Commissioner Cook, seconded by Commissioner Higgs, to adopt Resolution relating to the purchase of Mathers Bridge Restaurant property; accepting as a donation a portion of the value of the said property; expressing the thanks of the Board of County Commissioners for such donation; and providing an effective date. Motion carried and ordered unanimously.

RESOLUTION, RE: ESTABLISHING REVISED FEE SCHEDULE FOR ISSUANCE OF BUILDING PERMITS

Chairman Voltz advised she called the Homebuilders Association, and they were not aware of the information, so she sent the package to them and has not heard from them. A staff person advised it was addressed by the Building and Construction Advisory Committee, and that is where staff got its recommendations.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to table Resolution establishing revised fee schedule for issuance of building permits until December 9, 1997, to allow the Homebuilders Association an opportunity to review it. Motion carried and ordered unanimously.

INTERLOCAL AGREEMENT WITH TAX COLLECTOR, RE: ENFORCEMENT OF OCCUPATIONAL LICENSING

Commissioner Cook advised there should be a policy similar to that of building permits, where the fee is doubled as an alternative to going to the special master.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to execute Interlocal Agreement and Amendment to Agreement with the Tax Collector for Code Enforcement to locate and identify lawn care businesses, home repair, tree services, and vendors who do not hold valid occupational licenses. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Cook, to direct staff to review alternatives to sending people to the special master on the first offense, consider double fees as a remedy, and return with options for consideration by the Board.

Commissioner O'Brien described scenarios of lawn companies having more than one offense and not admitting to it. County Manager Tom Jenkins noted staff could get the license plate numbers to verify addresses if they have to, but they can do only what the State law allows.

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

BOARD DIRECTION, RE: POLICY ON FORECLOSURE OF OUTSTANDING LIENS

Chairman Voltz advised if the County forecloses on a dilapidated home, it could be liable; and suggested looking at each property and doing a case-by-case analysis before proceeding with foreclosure, as there may be other liens and clauses.

Commissioner O'Brien advised of property in Merritt Island that has been covered with junk for 15 years and should be considered for foreclosure.

Commissioner Higgs suggested staff proceed to bring cases to the Board on an individual basis; the Board determine which cases should be processed for foreclosure; and at the same time the property owners be notified and have an opportunity to come to the Board.

Commissioner Scarborough read some of the cases where the values of the properties significantly exceeded the liens; and stated the Board could collect on those because the property owners would not go through foreclosures, so those cases should be pursued. He stated the Board does not want to foreclose on occupied residences because it would add to social problems rather than provide solutions; however, some residences may be crack houses, so the Sheriff should be asked to provide input to the process.

Commissioner Cook recommended staff be instructed to proceed with the active violations and come back on a case-by-case basis to determine which cases the Board wants to pursue.

County Attorney Scott Knox advised there are provisions in the Building Code that deal with unsafe buildings which can be used to remove those buildings, so that is an alternative the Board can consider.

Discussion ensued on not taking occupied homes and displacing people, cleaning up property to benefit the community, proceeding on an individual basis, including the Sheriff in the process, notification to landowners, and the Board having the final decision.

Motion by Commissioner Higgs, to direct staff to proceed on foreclosures on an individual basis and bring them back to the Board. Motion died for lack of a second.

Commissioner Scarborough recommended the County Attorney write letters to each property owner on the list saying the law allows the Board the option to foreclose, but not say it will foreclose, as some people who receive the letter will pay the lien. He stated before starting foreclosures, cases should be brought back to the Board to go through all the different scenarios, such as is it active, is it a crack house, is there criminal activity, and is the lien a small amount in reference to the value. He stated the Board should not say because it is not active it will not try to collect on it. Commissioner Cook stated those properties that are not active already have liens but the violations have been corrected. Commissioner Scarborough stated he does not feel comfortable saying the people of Brevard County do not have the right to have those liens collected.

Chairman Voltz advised Option 3 says to direct staff to notify property owners that the Board intends to begin foreclosure proceedings if the violation is not corrected or the lien not satisfied within a certain time period. Commissioner Cook stated they should be active violations. Commissioner Higgs stated the Board can begin with the active ones, but there are several violations where the people took a considerable period of time to come into compliance; and to ignore that would be wrong. She stated staff could start with the active cases, but she is not willing to say not to look at those that are not active.

Discussion continued on which cases to pursue, substantial difference between value and lien, criminal activity, active violations, and setting priorities with active violations.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct staff to proceed with cases that have a substantial difference between the value and the amount of the lien, properties that have criminal activities, and properties that have active violations; and return to the Board with cases in those three categories. Motion carried and ordered unanimously.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to direct Code Enforcement staff to bring back five cases per meeting and not all at once, starting with active violations. Motion carried and ordered unanimously.

APPROVAL, RE: IAFF COLLECTIVE BARGAINING AGREEMENT RATIFICATION

Nancy Fazio, IAFF President, advised the membership ratified the agreement and requested the Board approve the ratification. She stated many hours were put into negotiations; and thanked County staff, primarily Public Safety, Human Resources, and Budget Departments, for their support.

Commissioner Cook stated it will impact the budget, but will bring the fire fighters up to competitive salaries, so he supports the agreement. Commissioner O'Brien stated he supports the step plan. Chairman Voltz stated the fire fighters and employees are underpaid, and she wishes the Board could pay them more. Commissioner Higgs thanked Ms. Fazio for her efforts to bring this issue to conclusion which begins to get the fire fighters moving to a position of being more competitive.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve ratification of the IAFF Collective Bargaining Agreement. Motion carried and ordered unanimously.

Commissioner Scarborough advised there was the issue of lump sum payments.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve lump sum payments for members of the IAFF Collective Bargaining Unit. Motion carried and ordered unanimously.

The meeting recessed at 10:12 a.m., and reconvened at 10:25 a.m.

RESOLUTION, RE: AUTHORIZING BREVARD COUNTY HOUSING FINANCE AUTHORITY TO APPLY FOR SINGLE-FAMILY MORTGAGE REVENUE BONDS IN 1998

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution authorizing the Brevard County Housing Finance Authority to apply to the Florida Division of Bond Finance for an allocation of Single Family Mortgage Revenue Bonds during the first 90 days of 1998. Motion carried and ordered unanimously.

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

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

Lynn Hansel, Vice President of The Great Outdoors, advised the three proposed changes to the existing Development Order for The Great Outdoors are: (1) permission to develop in six areas within the existing Park, consisting of 72 acres that were not initially proposed for development in the first Development Order; (2) approval to change the percentage of the sites in a recreational vehicle park that are usable for cabins or resort homes to 50%; and (3) elimination of the 1,200 square feet of living area cap for cabins. He stated it is the only category in the County that has a cap instead of a minimum; and requested the Board consider eliminating the cap.

Robert Young spoke in favor of the changes, but expressed concern about the added conditions to sales contracts that the property will be flooded during hurricanes and storms, and acknowledging smoke from planned burns. He stated those are common to all properties; The Great Outdoors is no different than Viera; and it will hurt sales and resales. He stated requiring signs at entrances to all residential areas is over and above what is required for similar developments; no public funds will be expended to assist them in the event of floods; and as taxpayers they are losing services provided to everyone else in the County. He stated if there is a problem with the DRI, then that problem should be discussed rather than putting caveats on the transfer documents which can be read as disapproval and will hurt EKS and the homeowners in The Great Outdoors.

Rick Fleming, President of Titusville Area Chamber of Commerce, advised the Chamber Resolution says their Board supports the changes and hopes the Board of County Commissioners will do the same. He stated to say in every deed that the house may be hit by lightning should be in every area and not selective. He stated The Great Outdoors has a great group of people; they have brought the FMCA to Titusville several years; and it is a great community benefit.

George Holdcroft, President of Fairway Homeowners Association, advised they support the changes and recommend the Board approve them as requested.

John Medynski advised he supports everything the developer wants to do, but his only concern is the condition of the sewer plant. He stated they have had smell problems primarily through the busy months of January, February, and March; and before the expansion, the Board should look into correcting the sewer plant problems.

Walt Helm stated he supports the revisions to the DRI, but not adding to the deed or signs that it may be a flood zone, because Merritt Island is more prone to flooding than The Great Outdoors and does not have that requirement. He stated the developer has provided a lot of time and money to create The Great Outdoors; many of the residents have friends who they would like to have live at The Great Outdoors; and that would not be possible unless the revisions are approved.

Mrs. B. E. Cushing, advised she provided comments to the Board on concerns that need to be addressed; the first is the wastewater treatment plant which has a long history of problems; and she has been a resident since 1994, and lives within smelling range of the plant. She stated another problem is the water system; the pressure is unsatisfactory; the developer is proposing to increase the number of homes; most are evolving into full-time residents and not only Winter residents; and more demand will be made on the wastewater and water plants. Ms. Cushing advised there will be impact on the wildlife by diminished uplands, as animals need dry land to live on. She stated the narrow roads were designed so people would drive slower; however, there are big rigs using the same roads as golf carts and bicycles; and the nature of the development has evolved from a glorified campground to a single-family residential area, and will evolve even more if the changes are approved. She stated there is poor drainage and major ponding situations; people expressed that the political influence of the developer is so great that it would not be worthwhile to complain; and requested the Board consider her letter and ensure the developer has wastewater capacity and fresh water for the residents of The Great Outdoors.

Commissioner Cook stated he has never discussed this item with the developer. Commissioner Higgs advised she met with members and toured the development with Francis Riley; and she also met with Mr. Swann and Mr. Hansel.

Joseph Hibbs, representing Daytona Drywall, advised he is a subcontractor at The Great Outdoors; they are required to adhere to a strict code not required in other places; if they speed, they are evicted; workers are constantly monitored to ensure they are not in environmental areas; and maintenance of the property goes above and beyond what is expected in other areas. He stated he does not know about the conditions of the water and wastewater plants, but he knows what they have done in the past, and that they are service oriented.

Michael Colman, owner of Colman Heating and Air, Inc., advised it is a pleasure being a subcontractor for EKS, and praised them as premiere builders. He stated the revisions will impact the community; and requested the Board support the changes.

Greg Golgowski, representing East Central Florida Regional Planning Council, presented a report to the Board from the Council; and advised its recommendation of approval with conditions expresses the concerns of the Council. He described the St. Johns floodplain, 100-year flood hazard areas as identified by FEMA and as calculated by engineers, lands owned by the St. Johns River Water Management District, and other public lands along the St. Johns River held for conservation of the natural system and wildlife management. He stated it is an important resource to the State and area citizens. Mr. Golgowski described a sales brochure when the project was first approved as an RV park; and stated it was seen by the Council as an appropriate use for the area that could be subject to wild fires, smoke and flooding because RV's can be pulled out, or at worst the owners would not have significant investments in them should they be damaged. He stated The Great Outdoors has evolved from a recreational vehicle (RV) park to what appears to be a single-family residential subdivision; the project had a cap of 1,200 square feet of inhabitable floor area which he understands is requested for removal; however, they can only occupy 50% of the lots which range from 50'x80' to 60'x120'. He stated the square footage is more than what a cabin would represent and not an RV type of dwelling unit; although the people there are RV oriented, the properties will pass on from generation to generation, and future owners may desire to live there full-time and not have the RV use at all; so it is turning into a year-round development. He stated Item No. 4 calls for the sites and structures to be developed as RV support units and not the other way around; and it called for County staff to come up with a way to solve that problem rather than the Council dictating or recommending anything. He stated No. 5 relates to the sales contracts, deeds, and other transfers to include advisory language about floodplain conditions and controlled burns that the area will be subject to; and everywhere else in the Region they are trying to get people out of hazardous areas, but these changes are doing the opposite.

Commissioner Higgs inquired if the Council ever used a similar notification of floodplain conditions; with Mr. Golgowski responding they have not had a situation like this project, but they have had aviation easements for projects near airports because of sound concerns. He stated every title within the zone around the airport was required to transfer an easement to the airport so there would not be noise complaints; and people using those areas were put on notice that it is a problem if they move into the area. Chairman Voltz inquired if most airports do that; with Mr. Golgowski responding they may, but he is not sure. Commissioner Scarborough advised a map was prepared in conjunction with NASA called the slosh map; there are certain Category 3 areas in the County where wind conditions could basically flood the entire area; Scottsmoor had flooding; but nobody speaks of using the slosh map for notices. He inquired if there is an attempt by the Council to use slosh maps and put notices on all deeds; with Mr. Golgowski responding he does not think they have had a DRI in a slosh zone yet, and slosh maps consider strictly tidal and not wind conditions. Commissioner Scarborough stated it is wind driven water that creates problems; there is well-accepted data that show extreme flooding in certain areas of Merritt Island; but he does not know what scientific data was used as a basis for the Council's recommendations on The Great Outdoors except its proximity to the St. Johns River; with Mr. Golgowski responding its proximity to the River and conservation areas, and the concern that the development will interfere with the management of those areas. Commissioner Scarborough inquired about the data to demonstrate historic flooding of the area; with Mr. Golgowski responding the best data he has is represented on the site specific map showing portions of the site calculated to go under water, and there is not enough history on the land to indicate otherwise. Commissioner Scarborough stated Fiske Boulevard has areas that historically flood in almost all storm events; and inquired if there is anything that would indicate a flooding that is abnormal at The Great Outdoors or more severe than other areas of the Region, and should the County identify the other areas and require notice on all deeds. Mr. Golgowski stated if a new development is going into an area that has a hazard, it would be appropriate. Commissioner Scarborough inquired if Mr. Golgowski thinks the Board should require it on all deeds in slosh map areas, North Merritt Island, Mims, Scottsmoor, and the Barrier Islands; with Mr. Golgowski responding the Board should consider that aspect if it is approving development in flood hazard areas.

Planner III Steve Swanke advised the three items to be considered are: (1) a Comprehensive Plan amendment to reclassify approximately 611 acres at The Great Outdoors from rural with a maximum density of one unit per five acres, to suburban with a maximum density of two units per acre; (2) changes to the Recreational Vehicle Park Destination Resort zoning classification to eliminate the maximum size of resort homes and increase the total combined structural coverage on the lot from 40% to 50%; and (3) change the DRI Development Order to allow the applicant to develop approximately 72 acres within the project, including 49 acres that are wetlands and previously not approved for development. He stated it would increase the permitted number of resort homes from 20% to 50% of the total RV sites; add 10,000 square feet of commercial space and 10,000 square feet of support facilities; eliminate restrictions on maximum resort home size and length of stay; and extend the project buildout until December 30, 2006.

Commissioner Higgs described in detail her tour of The Great Outdoors by Francis Riley, and their discussion on his concerns about the proposal, including changing RV sites to home sites, increasing the size of homes, park models that could not be moved in a flood situation, the roads being too narrow for heavy traffic, his belief that the number of total units should be reduced if the Board increases the square footage, change in the overall character of the area, and buildout be held to 2001. She advised of her meeting with Mr. Swann and Mr. Hansel at the site, and their explanation that the market changed considerably from their original plans; the cabins were in response to a request by the market; and that the total number of units being requested would not change the total number of units of the project. She stated they discussed density issues, transfer of development, and mitigation on adjoining wetlands; and she participated in the Regional Planning Council's discussion of the proposed changes. Commissioner O'Brien advised he had a conversation with Mr. Swann who asked him to take a close look at the request; and he told Mr. Swann he would look at all the paper work and documents and see what he comes up with.

Commissioner Scarborough advised Mr. Hansel took them on a tour of the Park; he asked Dick Martens to be there because of questions on the water and sewer facilities; and Mr. Martens believes a 12-inch water line is more than sufficient to carry water for a community of that size. He stated the Board needs to consider the size of the roads, traffic congestion, evacuation, etc., so it can just send the Comprehensive Plan amendment to Department of Community Affairs. He stated the residents are community-minded; all the services are handled internally, so demands on County services are minimal; building larger homes will produce tax revenue from people who are contributing more than their share of taxes; so the question is what is so wrong with what is happening. Commissioner Scarborough stated he sees nothing wrong, just something different; Option 3 gives the Board the capacity to submit the Comprehensive Plan amendment; and when it comes back, other items can be handled.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize transmittal of the Comprehensive Plan amendment for The Great Outdoors DRI Substantial Deviation to Department of Community Affairs, and defer action on the resolution amending the DRI to the second public hearing adopting the Comprehensive Plan amendment after receipt of the ORC Report from Department of Community Affairs.

Commissioner Higgs stated there will be no additional units, so no additional impact to the roads; she has no problem with the basic changes; however, there are several things in the draft ordinance she has questions on; and inquired if it will come back at the second public hearing; with Planning Manager Mel Scott responding yes, when staff receives the ORC, they will bring the entire package back to the Board. Commissioner Higgs inquired if the conditions suggested by the Regional Planning Council will be part of the hearing; with Mr. Scott responding they will be part of the package if the Board wishes. Commissioner Higgs advised the Board should consider the Council's recommendations, not only on The Great Outdoors property, but others as well in regard to notice of floodplain conditions; there are unique characteristics to this project in this location; but she agrees with Commissioner Scarborough that the Board should not single out this project.

Commissioner Scarborough described the flooding in Scottsmoor caused by water moving from Volusia County through Brevard County on the west side of I-95; and stated there are certain things that will not happen at The Great Outdoors as a natural event because SR 50 and I-95 are somewhat barriers for water movement. He stated if it floods, it would be from a backflow of the St. Johns River; except for the proximity to the River, he is not sure what was viewed to determine flooding; and some of the worst flooding is not in close proximity to the St. Johns River, but was caused by movement of water that could not get to the River.

Commissioner Higgs advised of her meeting with Grant residents who had concerns about flooding, and their comments that the Board allowed that kind of development and should have warned people of those things; so the Board should look at the policy issue in terms of how to do it. She stated because of the technical nature of this land and the floodplain issues, it should at least discuss it. Commissioner Scarborough stated there are places in Brevard County that are more dangerous historically; and as soon as it starts raining, Melbourne and Rockledge have streets under water, but the Board does nothing about it. Commissioner Higgs stated she is not willing to single out The Great Outdoors, but there are issues that need to be discussed in terms of other properties as well.

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

Commissioner O'Brien recommended the Board ask the developer to look at the sewage and water problems which may be realistic or unrealistic. He stated he would not want to be the person who bought property and had to smell sewage for several months because the pumps are undersized or for some other reason; and perhaps the developer can address that for the Board. Mr. Hansel advised he will have a comprehensive response to all the concerns for the next public hearing after the comments from Department of Community Affairs are received. Commissioner O'Brien inquired if the report will include the water pressure, odor, etc.; with Mr. Hansel responding yes.

RESOLUTION, RE: ARTICLE V COSTS

Commissioner Cook advised the Association requested a resolution supporting Commissioner Sundberg's proposal on Article V costs; and he discussed with Toni Jennings, President of the Senate, the enormous burden put on the taxpayers, and that it should be State supported.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to adopt Resolution urging the Florida Constitution Revision Commission to vote in approval of Commissioner Sundberg's proposals that the State fund most costs of its court system and that counties shall not be obligated to pay for any costs of the system except for facilities and security. Motion carried and ordered unanimously.

Commissioner O'Brien advised he went to Tallahassee last year and spoke on Article V costs, and the lobbyist the County just hired helped him get before the Committee.

DISCUSSION, RE: FAMILY RESOURCE ASSISTANCE PROPOSAL

County Manager Tom Jenkins advised ACES is requesting State funding and the County provide them with space to operate from.

Commissioner Cook advised he talked with Judge Moxley and there may be space at Sarno Complex set aside for visiting judges that is not critical. He stated the County's match would be supplying space, and it is a trial program that will operate for two years.

Chairman Voltz stated there is a problem with child support; and recommended it be added to the legislative package.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to authorize including the Family Court Resource Assistance proposal for funding in the Legislative package, as requested by ACES. Motion carried and ordered unanimously.

AGREEMENT WITH MERRITT ISLAND REDEVELOPMENT AGENCY, FORMAT II ENVIRON- MENTAL ASSESSMENT BOOKLET, NOTICE OF INTENT AND CERTIFICATION FORM, AND PERMISSION TO ADVERTISE, RE: MERRITT PARK PLACE AREA IMPROVEMENTS

Chairman Voltz advised the Board said it was okay to use CDBG funds in RDA's as supplements; however, there are areas that only have CDBG funds; and she would like to see those funds used where they belong and not in redevelopment areas. She noted RDA's have two sources if they also receive CDBG funds; this grant is in an agreement; but the Board needs to look at that in the future. Commissioner O'Brien advised the CDBG grant is to address community needs and improve the quality of life for residents and visitors to the area, as it is a blighted area.

Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to execute Agreement with MIRA for $83,077 of CDBG funds for construction of sidewalks and beautification of medians in Merritt Park Place area, execute Format II Environmental Assessment Booklet and Notice of Intent to Request Release of Funds and Certification Form; and approve publication of the Notice to Public of No Significant Environmental Impact and Notice to Public of Request for Release of Funds.

Commissioner Cook inquired if Merritt Park Place is a target area; with Doug Robertson, Consultant to MIRA, responding historically redevelopment areas have not been identified as target areas, but they meet all the criteria, so they made application to CDBG and offered a project that was approved unanimously and welcomed into the CDBG community. He stated the only way to get the sewer project, sidewalks, and lighting is to have CDBG funding, because one program cannot do it; and it is good business for CDBG to leverage its funds and work together with MIRA. Commissioner Cook inquired if it was approved by the CDBG Board; who will maintain the medians; and is the intent to use low-maintenance landscaping materials. Mr. Robertson responded yes; the existing property owners will maintain the medians; and the Park was done with low maintenance vegetation.

Commissioner Higgs inquired if there is a map of the traditional target areas and other redevelopment areas; with staff responding yes. Commissioner Higgs stated it is significant for the Board to approve this project as part of that map.

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

PUBLIC COMMENT - JOHN REUBLIN, RE: LOOPHOLES IN NOISE ORDINANCE

John Reublin advised there are loopholes in the Noise Ordinance that allow airboat owners to operate in residential areas; he has a neighbor who likes to harass him and was told they are not under the Ordinance and do not need mufflers; so they make a lot of noise in addition to the noise from the huge propellers. He stated it is like an airplane in his living room; and he is helpless because the Sheriff cannot do anything due to the loopholes in the Ordinance. Mr. Reublin suggested airboat owners operate in vacant areas for testing, not in residential areas, and take their boats to J. P. Airboats to be maintained. He stated he not only has a problem with his neighbor, but now his neighbor's friends are dragging in their airboats to entertain him.

Commissioner Higgs stated the intent of the Ordinance regarding airboats was to operate in a lawful manner and not in residential areas. Commissioner Cook stated there may be a misinterpretation of the Ordinance. Commissioner Scarborough recommended staff investigate the problem and return with a report to see if the Sheriff can enforce the Ordinance.

Commissioner Cook recommended the County Manager and County Attorney look into the problem and report back to the Board. Commissioner Scarborough recommended a copy of the report be sent to Mr. Reublin along with the date of the meeting when it will be brought back, as he may want to attend the meeting. Mr. Knox stated his cursory review indicates the exemption does not apply.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 11:42 a.m.

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

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