February 5, 2002

The Board of County Commissioners of Brevard County, Florida, met in regular session on February 5, 2002, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O'Brien, Nancy Higgs, Susan Carlson, and Jackie Colon, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Reverend Daniel Parrish, First United Methodist Church of Port St. John.

Commissioner Nancy Higgs led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to approve the Minutes of December 11, 2001 Regular Meeting. Motion carried and ordered unanimously.

ANNOUNCEMENT, RE: COMMISSIONER RANDY O'BRIEN

Chairman Scarborough advised Commissioner O'Brien has decided to retire from public office; and congratulated Commissioner O'Brien on his decision.

REPORT, RE: CELEBRATIONS

Commissioner O'Brien advised February 14, 2002 is Valentine's Day, and everyone who has a favorite person in his or her life should remember that person with a card or flowers, etc.

Commissioner O'Brien advised March 17, 2002 is St. Patrick's Day; and every year he has provided party favors at the Government Center to celebrate "St. Patrick's Day and Everybody is Irish Day." He stated the Board does not have a meeting that week, but he may come to the Government Center and throw a party on March 15, 2002.

PRESENTATION, RE: BOMB SQUAD ACTIVITIES

Commissioner O'Brien advised Scott Parsons, Bomb Technician with the Sheriff's Bomb Squad, will present and narrate a video on the robot equipment the Board authorized for purchase.

Scott Parsons, Bomb Technician, advised the Sheriff's Bomb Squad is an FBI accredited bomb squad; they receive a lot of their training and equipment from the Federal Bureau of Investigation; and as part of Presidential Decisions 39 and 54, which were enacted into law, the FBI saw a need to start training certified bomb squads across the nation to respond to weapons of mass destruction incidents. He stated they received a lot of the training since 1996; and through the help of the Board, they have been able to get the necessary equipment they need to be able to combat those types of incidents within the community. He presented a video of the equipment and capabilities of the equipment, primarily the robots, in a scenario of a briefcase with vapor emitting from it, noting how the robot and ABD 2000 monitor can investigate and monitor the potential environment that is seen on the monitor in the truck, so they can make correct decisions on protective gear for the crew and evacuation of citizens. Mr. Parsons advised they can zoom in on the scene and see and hear what is going on; and all of it is videotaped.

Commissioner O'Brien inquired if the wire attached to the robot is because the radio signal may set off the explosive that may be in the briefcase; with Mr. Parsons responding they make a determination of what the situation is and whether they will use fiber optic cable or radio control. Commissioner O'Brien inquired if it will do either or just one way; with Mr. Parsons responding it will do either.

Mr. Parsons described the Level B chemical/biological bomb suit to protect the bomb tech from chemical/biological substances and from blasts; and stated the suit is used if they suspect a chemical/biological problem and something happens to the bomb tech and they need to send someone into that hazardous atmosphere to pull the technician out. He stated it is a lighter version of the normal suit, but the whole complement is approximately 100 pounds with the self-contained breathing apparatus (SCBA). He stated Sergeant Doucette is in a Level A suit, which is totally encapsulated and has a SCBA to protect the respiratory system of the bomb tech; and they use an RTR4, real time x-ray, which is Windows 98 laptop generated. He stated the existing robot has been retrofitted to an F6A, which is the fastest robot in the world; and both robots are infrared capable and have multiple weapons platforms on them. Mr. Parsons stated instead of sending in personnel to handle a hazardous item, they did it with the robots. He stated they now can utilize both robots because sometimes having one claw is not enough. He stated the F6A has a multitude of cameras and video capabilities as well as sound; they can hear everything that is going on downrange and around the robot; and it has been a real asset for them, especially in hostage negotiations. He stated the robotics program has become extremely important to successful completion of their missions; and they have a laser guidance system, which helps the operator to figure out the distances when manipulating the claw.

Commissioner Carlson inquired if this is to show how the robot works and that they would not normally pick up such a briefcase; with Mr. Parsons responding no, they have different safety procedures and try to take care of things in place, but sometimes they need to move something to another site to render it safe. Commissioner Carlson stated the device had fumes; with Mr. Parsons responding that is where the monitoring comes through with the ABD 2000 and multi-radio de-gas monitor, which can determine whether it is hazardous or not. He stated if they determine they do not have a hazardous biological or chemical agent and it is just an improvised explosive device that they need to move, they can move it. Commissioner Carlson inquired what is the distance they can detect fumes coming out of a box or object; with Mr. Parsons responding within the environment as far as the monitoring equipment can go within the realm. Commissioner Carlson inquired if the distance shown on the video is an accurate distance they can spot something sitting in a field; with Mr. Parsons responding yes, and they send the robot downrange to monitor the environment. Commissioner Carlson inquired if chemical weapons would come in a briefcase with an explosive device that would set off a fume; with Mr. Parsons responding not necessarily, it was a situation set up for the video, but distribution of chemical or biological weapons can come in many forms. He stated intelligence shows a lot of times they are attached to improvised explosive devices to disseminate the agent; and those are used quite a bit. Commissioner O'Brien stated they can come in any kind of package, backpack, suitcase, shoe box, paper bag, etc.; with Mr. Parsons responding the only limitation is the imagination of the person producing the threat.

Commissioner O'Brien stated the presentation was very interesting; the public likes to know what they spend their money on sometimes; a little thing like this means a lot to those at home throughout the County; and thanked Mr. Parsons for the presentation.

Mr. Parsons stated because the RTR4 is laptop generated; they have the capability of downloading it and sending it via email to the FBI Bomb Data Center in Washington, so if they need to make decisions on scene, they send those pictures to the FBI Bomb Data Center to get help and support.

REPORT, RE: SEWER PIPE FROM MELBOURNE BEACH THROUGH INDIALANTIC

Commissioner Higgs advised the County is replacing a sewer pipe from Melbourne Beach through Indialantic; she had a number of calls from people who are disturbed with the progress of the project; and requested the County Manager prepare a report for the Board on the status of the project, what the contractor is saying in terms of completion, and what the County is doing to minimize the inconvenience to the residents. She stated the road has been torn up since October; the residents are losing their patience; and it is going to be complicated by further work on SR A1A paralleling where the sewer work is being done. She recommended the report also include when the County can expect to see it completed, what the contractor is doing to potentially put a third crew on it to get it done, and if they are not going to proceed to get it done, what the Board needs to do to get it completed.

Commissioner Carlson advised some folks called her office regarding the same problem, but their concern was the businesses it is affecting along that area. Commissioner Higgs advised most of the businesses directly fronting the street have gotten some paving, so that has been minimized; and they tried to work with it, but it has been difficult.

REPORT, RE: ENGINEERING SERVICES FOR THE VILLAGERS PROJECT

Commissioner Higgs advised the Board will be hearing the issues on the Villagers project on February 26, 2002; regardless which way the Board goes on the interpretation of how the Comprehensive Plan is intended and applied, it needs some level of expertise other than a coastal engineer for the applicant explaining their perspective; she does not know if the County Manager has the ability to secure some other advice for the Board; but requested Mr. Jenkins seek outside review of the perspectives that the applicant is presenting. She stated it will put the Board in a better position; people hired by the applicant have a perspective; and it may be the only way to go, but the Board should get outside coastal engineering advice.

Commissioner Carlson inquired if there is a deadline when the Board needs to do that, because there was an indication of a deadline for the applicant; with Commissioner Higgs responding the applicant wants the Board to review it on February 26, 2002; so Mr. Jenkins could investigate whether or not the Board can get an outside perspective. She stated if a motion is required, she will move to request the County Manager secure outside coastal engineering to review the plans and concerns of the applicant in the Villagers' situation.

Chairman Scarborough inquired if the Board is authorizing Mr. Jenkins to expend funds or bring back the information; with Mr. Jenkins responding he would need authorization to expend funds time-wise. Chairman Scarborough instructed Mr. Jenkins to bring the information back on the cost prior to the end of the meeting.

REPORT, RE: BREVARD SYMPHONY ORCHESTRA DISPLAY

Commissioner Carlson advised there is a sample of the arts in the foyer by the Brevard Symphony Orchestra (BSO) brought here by the programming of Brevard Cultural Alliance; the BSO is doing a program for all fifth graders in the County today and tomorrow; and she hopes to be at the program. She stated attended previous programs and they were tremendous; and anyone who has a fifth grader needs to go with them to see the great performance of the BSO.

REPORT, RE: DISPOSITION OF THE AMERICAN FLAG

Commissioner Carlson advised at the last meeting she asked staff to look into ways of educating the public on the proper disposal of the American flag; she received a letter from the past president Retired Commander of the U.S. Navy Gordon Prentice, who was representing the Retired Officers Association; and he wrote that the Cape Canaveral Chapter of the Retired Officers Association has initiated a local program to focus on the American Flag and proper etiquette of its display. She exhibited a brochure; and requested the County Manager's Office get some of them to put in the Commissioners offices and other areas in the County, so folks can pick them up and get a little more detail about the flag.

REPORT, RE: TOWN MEETING

Commissioner Colon advised she will hold a town meeting at 10:30 a.m. on Saturday at the Library in Melbourne.

REPORT, RE: LETTER OF SUPPORT FOR STATE HOUSING INITIATIVE
PROGRAM

Commissioner Colon requested a letter of support from the Board to the Governor and Brevard County Legislative Delegation regarding the State Housing Initiative Program (SHIP) funding. She stated based on information received, the State Housing Trust Fund will probably be reduced by 27% for the next eight years; and that fund is used for SHIP. She stated Brevard County will go from a little over $2 million to probably $1 million; the estimated loss is about half a million annually; and it will impact affordable rental shelters for the at-risk population, land acquisitions for Habitat for Humanity, rehabilitation of homes for lower-income families, security and utility deposits assistance, and other programs. She requested a letter be sent to the Governor and Delegation to make them aware of the issues.

Chairman Scarborough stated Brevard County will be impacted in multiple ways; and recommended Mr. Jenkins get with Guy Spearman and the Legislative Delegation to see what other items the Board should get actively involved with, because the County will be impacted in level of services it provides by some of the actions in Tallahassee and needs to know it and take positions where appropriate.

Commissioner Higgs requested the legislative redistricting for the House be included. She stated there has been some discussion at various points, not the congressional, but the House, to include some of the South Beaches area with Indian River County, cutting it off, and putting it with another delegation; and that would be detrimental to the County and residents in the South Beaches who see themselves as part of Brevard County. She stated Representative Needelman is working hard to keep that area in Brevard County; and to get an update on that issue would be helpful.

Chairman Scarborough stated he talked to different people about the redistricting; there are some strange Districts in Brevard County; one runs from North Brevard through two other counties to the south; and it would be very difficult to serve those people. He stated Representative Randy Ball is part of the redistricting effort, and said it is becoming problematic trying to put all those things together; and it is not only in Brevard County, but also in Orange County and the counties to the south. He inquired if it would be advantageous to have Representative Ball come to a meeting and brief the Board on the redistricting issues. Commissioner Higgs stated that would be hard with the Session in place, but she would like to get an update on the status. Chairman Scarborough noted Representative Ball thinks the courts will redraw the whole thing. Commissioner Higgs stated if the Board could get the Senate and House plans, that would give it some basis. Chairman Scarborough stated some plans are available on the Internet; and Mr. Jenkins could get that information.

Commissioner O'Brien stated he supports sending a letter, but would like to know the reasoning the Legislators used to cut the funding; and they may have good reasons why the County should not provide the funding. He stated sometimes reverse thinking instead of trying to accomplish the tasks may be more reasonable; if the State is saying it does not want to accomplish that task, there must be a good reason; and it is not all money, it is also politics. He stated although it may adversely affect the County programs provided by the use of State funds, if the Legislature feels it should cut the funding, then perhaps the County should also. Chairman Scarborough stated those things are extremely complex and there are all kinds of games being played by different people with different motivations. Commissioner O'Brien stated they can keep dumping millions of dollars for programs on counties to come up with, but if the State does not feel the programs are important, there must be a reason; and if it is not that important there, it must not be that important here.

Commissioner Colon stated that is not the case; for the Board to make that kind of assumption is completely wrong; the packet she distributed tells where they want to divert the money, which is to the Everglades; and those funds are important to the community for drug court and other programs. She stated just because things are happening at the State level does not mean the problems are going to disappear in the community; the Board needs to take a good look at its programs and cannot continue to depend on the State; but it needs to find out how it will affect the County.

Motion by Commissioner Colon, seconded by Commissioner Higgs, to authorize the Chairman to send a letter to the Governor and Brevard Legislative Delegation to make them aware of the possible reduction of State Housing Trust Funds for SHIP and other programs and the impacts on those programs. Motion carried and ordered unanimously.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to direct the County Manager to return with information on other funding cuts and information on the redistricting. Motion carried and ordered unanimously.

Chairman Scarborough inquired if there are other items that need to be brought forward; with Commissioner Higgs responding the Article V Trust Fund issues. Commissioner Carlson stated based on the agenda packet, the reason behind taking of those dollars from housing is to fund the Everglades; last year she went to Tallahassee to fight for the Preservation 2000 Trust Fund the State wanted to raid to fund the Everglades; and it did it anyway. She stated now the State is looking elsewhere for funding, which means it never had all the money it said it did; but there is an issue with priority versus politics. She stated the State does not have any priorities that she could identify that makes sense, based on the actions in front of the Board; so it would be very helpful if Mr. Jenkins could bring that information back to the Board that may provide some clarification of how the State does business and what pot of money is being reduced.

Commissioner O'Brien stated obviously the State feels the Everglades restoration is its priority; it is more important than land acquisition for Habitat for Humanity, rehabilitation of homes for low-income persons, or security and utility deposits for first-time homebuyers. Commissioner Carlson stated the problem is the State never identified a priority; it so happens that is the priority for this year; but the Board does not know what the long-term priorities are; and that is the big issue.

Commissioner Higgs stated the Board supports restoration of the Everglades and the consequences thereof because it is a water quality and supply issue; by funding the Everglades, it is assuring the water supply for people in South Florida, which is a good thing; however, it would be interesting to see if South Florida will fund Brevard County's water supply as well. She noted there are all kinds of intricate issues playing into this item; and perhaps South Florida will return the money when Brevard County is ready to have its water supply insured.

Commissioner O'Brien stated if the Board picks up the funding, the State will expect it to keep on doing that in the future; if the State cuts the funding, the Board should cut it also, and does not have to pick it up; and if it does not, the pressure goes back to the State to put the funds back in. He stated as long as the County keeps picking up the tab, there is no pressure on the State not to cut the funding.

Commissioner Carlson stated it is an accountability issue; and inquired if Carol Laymance could give the Board an update; with County Manager Tom Jenkins responding she basically stays in Tallahassee during session, but she can give the Board a written update. Commissioner Carlson stated that is fine.

RESOLUTION, RE: PROCLAIMING HAZARDOUS WEATHER AWARENESS WEEK

Commissioner O'Brien read aloud a resolution proclaiming February 17 through 23, 2002 as Hazardous Weather Awareness Week.

Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to adopt Resolution proclaiming February 17 through 23, 2002 as Hazardous Weather Awareness Week, urging the National Weather Service, Emergency Management, municipalities, School Board, private schools, and the news media to inform residents and visitors of the appropriate safety measures, and encouraging residents to become better informed about hazardous weather and develop a plan for their families and businesses. Motion carried and ordered unanimously. (See page for Resolution No. 02-011.)

Commissioner O'Brien requested Mr. Lay advise the Board about lightning. Mr. Lay advised there will be prescribed burns throughout the County to mitigate wild fires from lightning strikes. He stated there are many students in portables, so it is important to support education programs on what to do in severe weather conditions.

Bart Hagemeyer expressed appreciation for the County's support of severe weather awareness week and Bob Lay's group, and the Board's commitment to weather awareness and safety. He stated in Brevard County there has been very little severe weather in the last few years, and it has not been nearly as bad as it has been in the past; but they know they will face hazardous weather in the future; and the only answer is the commitment to preparedness and education. He advised the National Weather Service and Brevard County Emergency Management have one of the best collaborative programs in the country; and Brevard County is really prepared. He stated a key element during Hazardous Weather Awareness Week will be a Statewide tornado drill on Wednesday morning; and encouraged everyone in their homes and businesses to monitor a weather radio and take part in the tornado drill on February 20, 2002, at about 9:00 a.m., to think about what to do and where to go during a tornado.

Commissioner O'Brien inquired if the County gets grants for new windows in schools; with Mr. Lay responding yes, it has received grants over the years for 20-plus schools and community centers that can be used for shelters during severe weather. Mr. Lay advised the South Mainland Community Center is one of the newer ones that has the shutters for the administrative building and gymnasium. Commissioner O'Brien inquired how many deaths or injuries have been caused by lightning in Brevard County; with Mr. Hagemeyer responding there have been ten lightning deaths since 1989; Central Florida being the lightning capital of the United States adds up to the greatest threat to life over the long-term; and people do not take lightning as seriously as they should, so this year they are focusing more efforts on lightning threats. Mr. Hagemeyer stated another indication of the meteorological talent that is in Brevard County and the commitment to preparedness is the 45th Weather Squadron at Patrick Air Force Base that does some forecasting for shuttle and rocket launches and a coordinated preparedness effort with Brevard County Emergency Management to get the word out about lightning, which is extremely critical in space flight operations; and they are dedicated to helping spread the word of public safety.

Commissioner Carlson requested Mr. Lay mention Project Impact; and stated Commissioner O'Brien and she were at a ribbon cutting for some shutters on a home for a woman on Merritt Island, who is incapacitated; and requested Mr. Lay advised the Board of some of the programs they are going to be looking at and working with the private sector on in terms of getting the community ready for pre-hurricane season, and getting people to trim their trees prior to the hurricane season. Mr. Lay stated one of the programs they have been working with Housing and Human Services on is some grant funding for moderate to low-income families to protect their homes, put in shutters and tie downs, and reinforce anything that needs to be reinforced; and there are other programs they are working on. He stated one of the programs is to work with industry to go through a measured program on how to properly trim trees and not wait until two days before the hurricane to trim the trees and leave the debris along the roadside. He stated they have video programs they are putting together and providing to industries to show to their employees.

Commissioner O'Brien presented the Resolution to Messrs. Lay and Hagemeyer.

RESOLUTION, RE: EXCELLENCE IN PUBLIC SERVICE MANAGEMENT AWARD

Commissioner Colon read aloud a resolution awarding Joanne Adams, Graphic Program Manager for the Planning and Zoning Office, the Excellence in Public Service Management Award for the year 2001.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to adopt Resolution awarding Joanne Adams the Excellence in Public Service Management Award for the year 2001. Motion carried and ordered unanimously. (See page for Resolution No. 02-012.)

RESOLUTION, RE: EXCELLENCE IN PUBLIC SERVICE AWARD

Commissioner Higgs read aloud a resolution awarding Lieutenant Dave Hover with Brevard County Fire Rescue, the Excellence in Public Service Award for his dedicated service and many contributions to community projects and activities.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to adopt Resolution awarding Lieutenant Dave Hover the Excellence in Public Service Award for the year 2001. Motion carried and ordered unanimously. (See page for Resolution No. 02-013.)

RESOLUTION, RE: CERTIFYING HAPPY LANDINGS HOME, INC. d/b/a
RESURRECTION RANCH

Commissioner Carlson read aloud the resolution certifying Happy Landings Home, Inc. d/b/a Resurrection Ranch as an operation consistent with the Comprehensive Plan and local County plans and regulations such as those found in the homeless component of the Housing Consolidated Plan.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to adopt Resolution certifying that Happy Landings Home, Inc., d/b/a Resurrection Ranch is consistent with the Comprehensive Plan and Housing Consolidated Plan. Motion carried and ordered unanimously. (See page for Resolution No. 02-014.)

Commissioner Carlson presented the resolution to a representative of Happy Landings Home, Inc., who expressed appreciation for the Board's continued support of its ministry.

RESOLUTION, RE: PROCLAIMING SPAY DAY USA

Commissioner Colon read aloud a resolution proclaiming February 26, 2002 as Spay Day USA, calling upon the people of Brevard County to observe the day by having their dogs or cats spayed or neutered or by supporting the spaying or neutering efforts of the Society for the Prevention of Cruelty to Animals of North Brevard, Inc. (SPCA).

Motion by Commissioner Colon, seconded by Commissioner Carlson, to adopt Resolution proclaiming February 26, 2002 as Spay Day USA in Brevard County. Motion carried and ordered unanimously. (See page for Resolution No. 02-015.)

Mary Kofil, Executive Director of the SPCA, advised Spay Day USA is sponsored by the Doris Day Animal Foundation nationwide; the SPCA of North Brevard is going to recognize that day during the month of February; on February 27th they will do the annual nickel neuter program to neuter male cats for a nickel a piece up to 150 cats by appointment; and they are scheduling those now. She stated they are also working with Animal Services to impact the bite dogs, and are offering free health checks to any bite dog that gets neutered during the month of February. She stated they are also providing free spays and neuters for individuals under the Meals on Wheels and Seniors at Lunch Programs, and are doing fundraising to assist low-income owners of female dogs and cats. Ms. Kofil advised every spring many litters come in; and they want to get those mothers to take care of that problem. She stated they have activities planned throughout the month, with a children's day, bake sales, dog washes, and pet photos to get the community to come to the SPCA and get some literature on the Doris Day Foundation, so they can educate people on the importance of spaying and neutering.

Commissioner Colon presented the resolution to Ms. Kofil and Craig.

APPROVAL OF TAC PROJECT FUNDING RECOMMENDATIONS, BUDGET
CHANGE REQUESTS, AND DISBURSEMENT AGREEMENTS WITH
MUNICIPALITIES, RE: TRANSPORTATION IMPACT FEE PROJECTS

Motion by Commissioner Carlson, seconded by Commissioner Colon, to approve the Technical Advisory Committee's recommendations for impact fee benefit Districts 1 through 9 and North, Central, and South Mainland; approve Budget Change Requests required to implement project appropriations and budget for excess cash forward; and authorize the Chairman to execute Disbursement Agreements and/or Amendments with the Cities of Rockledge, West Melbourne, Satellite Beach, Indian Harbour Beach, Town of Malabar, Town of Indialantic, and City of Cape Canaveral. Motion carried and ordered unanimously. (See pages for Agreements, Amendments, and Budget Change Requests.)

ACKNOWLEDGE RECEIPT, RE: ANNEXATION BY CITY OF MELBOURNE

Motion by Commissioner Carlson, seconded by Commissioner Colon, to acknowledge receipt of Annexation #AR-2001-136 by City of Melbourne of .6-acre strip of land along the north edge of Parkway Drive, west of Wickham Road, which was found to be consistent with Chapter 171, Florida Statutes. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: ANNEXATION BY CITY OF MELBOURNE

Motion by Commissioner Carlson, seconded by Commissioner Colon, to acknowledge receipt of Annexation #AR-2001-135 by City of Melbourne involving approximately .75 acre along the north edge of Aurora Road, which was found to be consistent with Chapter 171, Florida Statutes. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL AND CONTRACT WITH VISTAR REALTY, INC.,
RE: STUART AVENUE EXTENSION

Motion by Commissioner Carlson, seconded by Commissioner Colon, to grant final engineering approval for Stuart Avenue Extension, subject to minor engineering changes as applicable, and developer responsible for obtaining necessary jurisdictional permits; and authorize the Chairman to execute Infrastructure Contract with Vistar Realty, Inc. guaranteeing improvements for the project. Motion carried and ordered unanimously. (See page for Contract.)

FINAL PLAT APPROVAL AND TRI-PARTY ESCROW AGREEMENT WITH PINEDA
PARTNERS LLC AND COLONIAL BANK, RE: GRAND HAVEN, PHASE 5

Motion by Commissioner Carlson, seconded by Commissioner Colon, to grant final plat approval for Grand Haven, Phase 5, subject to minor changes as applicable, receipt of all documents required for recording, and developer responsible for obtaining necessary jurisdictional permits; and execute Tri-party Escrow Agreement with Pineda Partners LLC and Colonial Bank, guaranteeing improvements in the project. Motion carried and ordered unanimously. (See page for Agreement.)

CONTRACT WITH GARDENA DEVELOPMENT, INC., RE: GARDENIA
OCEANFRONT CONDOMINIUM

Motion by Commissioner Carlson, seconded by Commissioner Colon, to execute Infrastructure Contract with Gardena Development, Inc., guaranteeing construction of a public beach access walkway at Gardenia Oceanfront Condominium; and authorize staff to coordinate the construction efforts by applicable parties. Motion carried and ordered unanimously. (See page for Contract.)

RESOLUTION, RE: RELEASING CONTRACT WITH THE VIERA COMPANY FOR
VIERA, TRACT E-1, PHASE 2, SOMERVILLE SUBDIVISION

Motion by Commissioner Carlson, seconded by Commissioner Colon, to adopt Resolution releasing Contract with The Viera Company dated October 2, 2001, for improvements in Viera, Tract E-1, Phase 2, Somerville Subdivision. Motion carried and ordered unanimously. (See page for Resolution No. 02-016.)

RESOLUTION, RE: RELEASING CONTRACT WITH THE VIERA COMPANY FOR
VIERA, TRACT G-1, PHASE 5, OSPREY RIDGE SUBDIVISION

Motion by Commissioner Carlson, seconded by Commissioner Colon, to adopt Resolution releasing Contract with The Viera Company dated October 30, 2001 for improvements in Viera, Tract G-1, Phase 5, Osprey Ridge Subdivision. Motion carried and ordered unanimously. (See page for Resolution No. 02-017.)

UNPAVED ROAD AGREEMENT WITH KIMBERLY ANN BROOMFIELD,
RE: LAURENS AVENUE

Motion by Commissioner Carlson, seconded by Commissioner Colon, to execute Unpaved Road Agreement with Kimberly Ann Broomfield for a building permit off an existing right-of-way, which has been constructed to the standards of the Code of Ordinances, Section 62-102, Unpaved Road. Motion carried and ordered unanimously. (See page for Agreement.)

INTERLOCAL AGREEMENT WITH CITY OF COCOA, RE: SOUTH COURTENAY
PARKWAY WIDENING PROJECT

Motion by Commissioner Carlson, seconded by Commissioner Colon, to execute Interlocal Agreement with City of Cocoa for installation of a waterline in conjunction with the South Courtenay Parkway widening project, from Fortenberry Avenue to Magnolia Avenue. Motion carried and ordered unanimously. (See page for Agreement.)

AGREEMENT WITH CITY OF MELBOURNE, RE: SUPPLEMENTAL MAINTENANCE
OF TRAFFIC SIGNALS

Motion by Commissioner Carlson, seconded by Commissioner Colon, to execute Agreement with City of Melbourne for supplemental maintenance of its existing traffic signals when its technician is absent and/or not on standby. Motion carried and ordered unanimously. (See page for Agreement.)

AMENDMENT TO AGREEMENT WITH OUTLAW RICE AND JONES, INC.,
RE: CROTON ROAD WIDENING PROJECT

Motion by Commissioner Carlson, seconded by Commissioner Colon, to execute Amendment to Agreement with Outlaw Rice and Jones, Inc. to provide final design, bidding, and Phase IV construction management services for Croton Road Widening Project, at a cost of $103,165. Motion carried and ordered unanimously. (See page for Amendment.)

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS AND APPOINT
SELECTION COMMITTEE, RE: CONTINUING CONSULTANT SERVICES

Motion by Commissioner Carlson, seconded by Commissioner Colon, to grant permission to advertise request for proposals for continuing consultant services, and appoint Public Works Director Henry Minneboo, Permitting and Enforcement Director Ed Washburn, Transportation Engineering Director John Denninghoff, Engineer II Devin Swanson, and Engineer II Bruce Auchter or their designees to the Selection Committee. Motion carried and ordered unanimously.

SPEED HUMP REQUEST, RE: ADDIE AVENUE

Motion by Commissioner Carlson, seconded by Commissioner Colon, to approve installation of speed humps on Addie Avenue in Port St. John at approximate cost of $2,155.80 from Road and Bridge MSTU District 1 Funds. Motion carried and ordered unanimously.

SPEED HUMP REQUEST, RE: HURWOOD AVENUE

Motion by Commissioner Carlson, seconded by Commissioner Colon, to approve installation of speed humps on Hurwood Avenue located in Merritt Island, at a cost of approximately $2,155.80 from Road and Bridge MSTU District 2 Funds. Motion carried and ordered unanimously.

AGREEMENT TO EXTEND EXISTING CONTRACT WITH CITY OF TITUSVILLE, RE:
CDBG FUNDS FOR PAVILION WITH RESTROOM AT BLANTON PARK

Motion by Commissioner Carlson, seconded by Commissioner Colon, to execute Agreement to Extend Existing Contract with the City of Titusville for construction of a pavilion with a unisex restroom at Blanton Park, with the City providing $33,890 from its CDBG Program and the County providing $25,487 from North Area Parks Operations Budget for a total of $59,377. Motion carried and ordered unanimously. (See page for Agreement.)

GRANT AGREEMENT WITH FLORIDA FISH AND WILDLIFE CONSERVATION
COMMISSION, AND CONTRACT WITH MIDWEST RESEARCH INSTITUTE,
RE: GRANT FOR MONOFILAMENT RECOVERY AND RECYCLING PROGRAM

Motion by Commissioner Carlson, seconded by Commissioner Colon, to execute Grant Agreement with Florida Fish and Wildlife Conservation Commission for a $34,694 grant for the Monofilament Recovery and Recycling Program, and Contract with Midwest Research Institute for completion of all project deliverables, as amended by the County Attorney; and approve Budget Change Request to reflect the grant. Motion carried and ordered unanimously. (See pages for Agreement, Contract, and Budget Change Request.)

APPROVAL TO DELAY NEGOTIATIONS, RE: PURCHASE OF PROPERTY FOR
NEW SOUTH BREVARD TRANSFER STATION

Motion by Commissioner Carlson, seconded by Commissioner Colon, to delay negotiations with the property owner of 160 acres identified for a new South Brevard Transfer Station for 120 days to conduct meeting with Palm Bay City Council members and staff. Motion carried and ordered unanimously.

TASK ORDER NO. 3 WITH MONTGOMERY WATSON HARZA, RE: ENGINEERING
AND TESTING FOR SYKES CREEK WASTEWATER TREATMENT PLANT

Motion by Commissioner Carlson, seconded by Commissioner Colon, to execute Task Order No. 3 with Montgomery Watson Harza, to provide engineering and testing services for Sykes Creek Wastewater Treatment Plant at a cost of $104,000. Motion carried and ordered unanimously. (See page for Task Order No. 3.)

TASK ORDER NO. 2 WITH BOYLE ENGINEERING CORPORATION, RE:
ENGINEERING SERVICES FOR BAREFOOT BAY WASTEWATER SYSTEM

Motion by Commissioner Carlson, seconded by Commissioner Colon, to execute Task Order No. 2 with Boyle Engineering Corporation to provide engineering services for Barefoot Bay Wastewater System, at a cost of $37,538. Motion carried and ordered unanimously. (See page
for Task Order No. 2.)

TASK ORDER NO. 6 WITH CAMP, DRESSER, McKEE, INC., RE: ENGINEERING
SERVICES FOR SOUTH BEACHES WASTEWATER TREATMENT PLANT

Motion by Commissioner Carlson, seconded by Commissioner Colon, to execute Task Order No. 6 with Camp, Dresser, McKee, Inc. to provide engineering services for the South Beaches Wastewater Treatment Plant at a cost of $69,940. Motion carried and ordered unanimously. (See page for Task Order No. 6.)

CHANGE ORDER NO. 1 AND FINAL PAYMENT TO C & D CONSTRUCTION, INC.,
RE: MODIFICATIONS TO SOUTH CENTRAL REGIONAL WASTEWATER
TREATMENT SLUDGE HANDLING BUILDING AND LOADING STATION

Motion by Commissioner Carlson, seconded by Commissioner Colon, to approve Change Order No. 1 to Agreement with C & D Construction, Inc., for modifications to the South Central Regional Wastewater Treatment Plant's sludge handling building and loading station, increasing contract amount by $7,351.64 to furnish and install additional safety grating, remove and relocate steel cross wind bracing, and relocate electrical panel and controls, with no change in time; and authorize final payment to the contractor. Motion carried and ordered unanimously. (See page for Change Order No. 1.)

CANCEL AND RESCHEDULE, RE: FEBRUARY 14, 2002 WORKSHOP

Motion by Commissioner Carlson, seconded by Commissioner Colon, to cancel February 14, 2002 Workshop as the air quality consultant will be unavailable on that date, and authorize the County Manager to reschedule it. Motion carried and ordered unanimously.

APPROVAL, RE: EMERGENCY MANAGEMENT COMPETITIVE GRANT
APPLICATION TO DEPARTMENT OF COMMUNITY AFFAIRS

Motion by Commissioner Carlson, seconded by Commissioner Colon, to authorize submittal of a Grant Application to Department of Community Affairs under the Emergency Management Preparedness and Assistance Trust Fund Competitive Grant Program to provide disaster mitigation educational materials and videos of hazard topics. Motion carried and ordered unanimously.

APPROVAL, RE: INCREASE IN RATES PAID TO PARALEGAL SERVICES BY
FOWLER WHITE IN BREVARD COUNTY v. MIORELLI ENGINEERING

Motion by Commissioner Carlson, seconded by Commissioner Colon, to approve an increase in rates paid for paralegal services provided by Fowler White Law Firm in the case of Brevard County v. Miorelli Engineering, from $65 an hour to $80 an hour, effective January 1, 2002. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Carlson, seconded by Commissioner Colon, to approve bills and budget changes as submitted. Motion carried and ordered unanimously. (See pages
for List of Bills and Budget Change Requests.)

AGREEMENT WITH ECONOMIC DEVELOPMENT COMMISSION OF FLORIDA'S
SPACE COAST, RE: DEVELOPMENT OF LONG-RANGE ECONOMIC
INFRASTRUCTURE

Neal Johnson, Vice President with Suntrust Bank in Melbourne, and Secretary/Treasurer of EDC, advised they want to share with the Board their strategic plan to help address the goals, objectives, and measurements so the Board can better manage their effectiveness, and the EDC board can better manage their effectiveness as an organization. He stated Lynda Weatherman is here; and if there are any specific questions, he or Lynda or some of the Executive Committee members will answer those.

Chairman Scarborough requested the Executive Committee members stand and be recognized; and expressed appreciation for their presence.

Mr. Johnson stated their strategic plan is called "Progress Through Partnerships"; they feel it is going to take involvement from the entire community and a lot of partnerships to be able to carry out the strategic plan; and everything they do going forward with their strategic planning process and activities, is going to be committee-driven. He noted that will include their special projects, staff projects, and goals and objectives. Mr. Johnson advised they have eight committees, three of which are new and others enhanced or revised; they feel it will create the ability to have involvement of their Board of Directors, Executive Committee, and officers as well as the community and regional representatives on some of the committees; and he will explain each committee and how the leadership is going to work. He stated the Technology Research and Development Committee is new and will be under the direction of Frank Kinney with TRDA; and they want to augment their existing efforts regarding support of growth and development of technology and manufacturing-based industries along the Space Coast. He stated they need to develop strategic alliances; provide assistance in commercializing technologies, assist in areas of start-up, seed, and venture capital, and encourage the interlinings with high-technology companies and area universities. He noted on May 15, 2002, they will host a CEO summit for high-tech companies and will announce the location of that soon. He stated they are going to support Space Experiment Research and Processing Laboratory (SERPL) efforts at Kennedy Space Center, Florida; the Place for Space Initiative on Statewide and national levels; Expendable Launch Vehicle and Reusable Launch Vehicle initiatives on the State and local levels for Cape Canaveral Spaceport, and the Florida Space Research Institute and Florida Space Institute from an economic development perspective. Mr. Johnson advised another new committee is the Venture Capital, and Resource Committee under the direction of Ned Buffington with Hoyman Dobson and Company; it is to enhance exposure and access of Space Coast companies to a wide array of financial resources, concentrate its energy on enhancing local company's access to critical financial resources, and build awareness of existing public and private organizations such as Central Florida Innovations Corporation. He stated they will develop and/or work with the local "Angel Networks" to provide funding, Florida Venture Capital Directory, and hold a seminar on venture and start-up capital, government funding opportunities, and State policy development. Mr. Johnson advised another new committee is Global Market Development Committee under the direction of Susan Cossey with Canaveral Port Authority; its mission is to enhance the involvement of the Space Coast companies in global and trade commerce, which will be the main focus of the Committee; and they will develop initiatives to enhance Brevard's position as a location for international investment, encourage companies to become involved in global commerce activities, concentrate on inbound investment missions, select international missions, expand global market communications, and distribute trade leads. Mr. Johnson advised the committee created last year is the Education Committee; they have enhanced it this year and call it their Education and Workforce Committee under the direction of Dr. Tom Gamble with Brevard Community College; and they want to enhance existing efforts regarding encouraging opportunities between existing Brevard employers and the available educational institutes in Brevard County. He stated they got a start on that last year with building a strong relationship with the School District and Superintendent, and hosting several summits among industry-specific groups such as technology, financial, health care, etc.; and they want to continue to build on that. He stated they are going to focus on critical issues to ensure a strong business/education partnership; and they want to identify areas of concern, present suggested courses of action, and develop efforts to recruit high-tech university graduates. He stated the Brevard Tomorrow process depicts Brevard County loses a lot of its graduates at the time they go away to college or after college to somewhere else to work; and they are looking at ways to keep them in Brevard County. He stated they want to work with the schools and Center for Business and Industry to bring about awareness of career opportunities in the fast growing, high-paying sectors, assist in development of industry-driven curricula in area colleges, develop targeted marketing materials, and promote customized training. Mr. Johnson advised they want to identify research needs of the group industries they work with every day, increase awareness and use of STTR's and SBIR's, encourage applied education and curriculum development, encourage technology commercialization and technology transfer incentives, and interface with Higher Education for Economic Development (HEED). He noted HEED is a group of administrators and presidents of local colleges and universities that get together on a regular basis and talk about how they can work with economic development from a higher education standpoint.

Chairman Scarborough advised the document is great to circulate outside of the inner circle; so if Mr. Johnson can explain what those items are, it will help the Commissioners. He suggested the full explanation in a redraft of the plan because the Commissioners need to talk beyond the close confines of those who work in the economic development field. Mr. Johnson stated when he knows what they mean, he does elaborate, but he does not know what STTR and SBIR are.

Mr. Johnson advised the next committee is an existing committee, Space Coast Defense Alliance Committee, that has been very effective over the years; this year it will be under the direction of their past chair Randy Harris from NUI City Gas; they will continue to address issues facing defense operations throughout the Space Coast and help to secure military operations in Brevard County. He stated going through the Brevard Tomorrow process they recognized that they rely heavily on the space program and need to do everything they can to continue to have that presence; they recognize it is always in jeopardy and have to continue addressing that issue; and the Committee will do that, continue to work with the State's Defense and Infrastructure grants, and look to additional specific strategic and tactical goals identified as critical in supporting the defense industry. He stated they will continue to interface with the 45th Space Wing and Patrick Air Force Base, monitor base realignment and closure activities, and pursue State grants for base realignment opportunities. Mr. Johnson advised the Government Relations Committee will be under the direction of Mason Blake with Dean Mead; they supplement existing efforts in local, State, and federal government relations to enhance economic development activities; and they will concentrate energy towards strategic and tactical goals that will enhance existing relationships and establish new contacts that would benefit the business and industrial communities in Brevard County. He noted they will provide regular updates and reporting to the County Commission, municipal leaders, and State and local elected officials, provide forums for elected officials to experience manufacturing and high-tech environments one-on-one, and monitor and recommend funding requirements of the EDC. He stated the Government Relations Committee will also be involved in regional cooperation; continue in selected joint venture marketing endeavors with Central Florida organizations, such as the Florida High-Tech Corridor Council, my region.org, and others; and coordinate with selected non-economic development organizations that will assist in the successful implementation of their economic development plan. Mr. Johnson advised Team Brevard is a committee they have had for some time and will be under the direction of Bill Ellis with Health First; they want to augment EDC's existing Countywide economic development efforts by providing additional lines of communication between EDC and other critical community and private sector partners; they will concentrate their energy towards a number of specific strategic and tactical goals that the EDC has identified; and some of the activities are incentive programs both local and State. He stated they will advocate the interest of Brevard's industry, provide assistance one company at a time, monitor agencies on behalf of local businesses, be involved with the manufacturing association and join as a member, encourage the use of Brevard County incubators, promote Brevard via industry outreach programs, and develop relevant marketing materials as needed. He stated as far as the business climate infrastructure, they want to address the global commerce readiness assessment; research business climate opportunities, suggestions, and resources, and present them, when appropriate, to relevant agencies and organizations, for example the Economic Business Impact survey they do; and they want to look at new business permits and application kits. Mr. Johnson stated in the Ad Valorem and Tax Committee, they review and analyze submissions and make recommendations of appropriate level of funding to be used in their final review procedures. He stated the Committee will work with the Board of County Commissioners as an advisory body for program-related issues including program modifications and upgrades and make recommendations; and they will provide an economic impact analysis and look at ways to leverage State incentives in that process. He stated those are the Committees this year; they want to deal a lot with progress through partnerships, working with all the organizations in the community that deal with economic development; and they would be happy to answer any questions the Board may have.

Commissioner Colon inquired if Dr. Gamble is also part of the Brevard Workforce; with Mr. Johnson responding yes. Commissioner Colon advised some things mentioned were high-tech, and Mr. Ellis is involved with the medical field; however, there are other fields that should be focused on besides high-tech; and inquired if there is a committee for that; with EDC Executive Director Lynda Weatherman responding their primary focus is manufacturing and high-tech, but as they do their research and look at the supply and demand of labor in the workforce, they will probably come upon areas they need that are not in the high-tech area; and when they get that information, they will put it together and present it to the right organizations that would be responsible for that.

Commissioner Higgs advised Exhibit "A", page 2, specifies, "enhance the workforce and training environment"; and inquired if that is in coordination with the Workforce Development Board; with Ms. Weatherman responding yes. Commissioner Higgs inquired if language could be included to specify that; with Ms. Weatherman responding that would not be a problem. Commissioner Higgs recommended that language be added to the Exhibit.

Chairman Scarborough advised he assumed there would be a great merger and everything would be copacetic as Brevard County became part of the greater region; he has a fear that if it does not come from Brevard County, it is not going to happen; and he is becoming almost estranged from his region process because he is concerned with the lack of vision. He stated it is fortunate Brevard County has an EDC that is playing a more dynamic role than other EDC's in Florida; and he has some recommendations to add to the Agreement under the Scope of Services. He suggested adding paragraph (p), saying, "Encourage the creation of an economic environment that fosters the creation of high-tech high-paying jobs by working to: (1) increase the number of patents issued to persons in Brevard County; (2) improve the status of the Kennedy Space Center as a research facility for NASA; (3) increase the amount of research dollars going to institutions of higher learning that impact Brevard County; (4) increase the number of Science and Engineering Ph.D's working in Brevard County; and (5) increase the amount of venture capital flowing into Brevard County; and paragraph (q) Encourage the support of individuals, corporations, and institutions throughout the world who share an interest in the economic success of Brevard County. He stated the Power Point presentation that just occurred indicates they are already going in that direction; and described a scenario of growing tomatoes, enriching the soil, and as the soil becomes richer, the inventions stay, more patents are issued, and more engineers have research dollars coming to Kennedy Space Center and into the universities. Chairman Scarborough stated at the regional meeting, Michael Gallis went around saying how University of Miami, University of Florida, and Florida State University were in a certain rating for research, but UCF was #4; to a great extent Brevard County has not been involved and is not known; it needs to make itself more dynamic in the region; and it is not going to happen outside of Brevard County. He stated Brevard County could enrich the environment through the things talked about that are going to happen; and gave a scenario about his hand being connected to the wrist, blood vessels connected to the circulatory system exemplifying regionalism, and the system not working adequately so it fails. He stated Ms. Weatherman worked closely with an intellectual property attorney in Palo Alto; and inquired if the County is creating those system connectivities when it looks to just the region and not Palo Alto or the North White in the Netherlands where the European Space Agency is located. He stated they need to be empowered to become an idea and not just a place on the map because Brevard County represents something unique; and inquired if Ms. Weatherman wants to change anything on his recommendations since she did not have a chance to review it and discuss it with him.

Ms. Weatherman stated Chairman Scarborough's approach to economic development is one that professionally and personally she has been interested in; it is a two-road process; while they have to go out and tell the world the story of Brevard County, they have a profound and exciting story to tell; and they need to make sure when they come back that the soil is fertilized when they come to visit, so that is fine with them. Commissioner Higgs inquired if a motion is in order to include those as well as her insert in the Agreement, and if that would be okay with Ms. Weatherman; with Ms. Weatherman responding affirmatively.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to include in the Agreement with Economic Development Commission of Florida's Space Coast , page 3, paragraph 2, subparagraphs (p) and (q) as recommended by Chairman Scarborough, and add to Exhibit A, page 2, "enhance the workforce and training environment and focus on a partnership between education and the workforce group."

Commissioner O'Brien stated the Agreement says, "encourage creation of an economic environment that fosters the creation of high-tech, high-paying jobs by working to increase the number of patents, increase the status of Kennedy Space Center as a research facility, increase the amount of research dollars going into institutions, increase the number of science and engineering Ph.D's working here, and increase the amount of venture capital flowing into Brevard County; those are all good goals to try to attain; but not everybody is college material. He stated if the Board keeps striving for more Ph.D's without looking in the opposite direction, it will start leaving a lot of the community behind; so it should ask EDC to take the lead to form an alliance between builders and contractors associations, auto dealerships, BCC, and Lynda South with Workforce Development for a separate dedicated trade school in Brevard County. He stated not everyone is a rocket scientist or computer nerd; they should invite Chevy, Ford, GMC, Mr. Goodwrench schools, diesel schools, etc. to the area, because many young people who drop out of high school do not want to go to college; and that number is 26% or higher. He stated EDC should try to get those auto dealers and builders and contractors to invest money in Brevard County to teach young men and women a trade so they can be carpenters, masons, or acquire other skill trades. He stated Brevard County does not offer a trade school; although it pursues college graduates, it must also include and not exclude the low-income unskilled worker; and hopefully as part of the agreement, EDC will pursue companies and try to entice them to locate within low-income areas. He stated Clarence Rowe has been before the Board many times for jobs in poor neighborhoods; there are good firms being brought into Melbourne and Rockledge; but without a vehicle it is almost impossible for people to make more than six dollars an hour or work three months out of the year because they cannot get to the better jobs. Commissioner O'Brien stated there are tax breaks for firms that do not need a high degree of excellence and skill; and if they locate in areas where people can walk to work, then the Board will have accomplished something. He advised of his factory in Cape Canaveral where 90% of his employees walk to work because they do not drive or own a car. He stated because they can walk to work and get a pay check, they are not out robbing stores; and they can pay their rent and buy food; so bringing jobs into the low-income areas helps as a crime deterrent and lowers the risk of people in the area. He stated there is only one way out of the ghetto, and that is getting a pay check; and the Board has a responsibility on that side of the equation as well.

Commissioner Carlson advised she served on the EDC for several years and is familiar with all it has to grapple with, the competition out there, and various things they strive to achieve; the presentation encapsulated a lot of things they were struggling with back then; and she appreciated the integrated approach, not only with committees but inclusion of the EDC membership so there is more of an ownership in the economic development process in the County. She stated she also liked the strong Space and military support, research education, and all that which has been the basis for economic development in Brevard County; but more importantly the broadening of industry diversification so the County does not rely heavily on the Space industry continuously. She stated the regional approach and global committee that is going to be put together sounds like it is going to be very positive; but the aggressive approach that the County is dealing with is venture capital, which is going to affect those spin-offs from existing industries and help with the diversification aspects; so what was presented was very positive and moving in the right direction.

Chairman Scarborough requested copies of the Strategic Plan in color format to share with others throughout the region on what Brevard County is able to do; and stated one thing people need to be told is that Brevard County is going to lead the region.

Commissioner O'Brien amended the motion to include direction in the Agreement that EDC take the lead and form a task force to search for trade schools and work with Linda South and others, and include in its plan low-tech be located within the lower economic neighborhoods. Commissioner Carlson stated that may be covered under the education committee. Commissioner O'Brien stated he hopes something is done; for years people have been saying what about the poor people and those neighborhoods; Brevard County has been in search of high-tech stuff so long it left behind the rest of the people who do not have a college education and who are not that smart; and it needs to do something in that area.

Chairman Scarborough stated while Brevard County may talk high-tech, it needs to know people employed in some of those things do not necessarily have a college education; and the difference between a retail job and manufacturing is about $30,000 in salary; and that is the difference that person has if Commissioner O'Brien's advice is followed. He stated they are not talking about making Ph.D's, but about creating a catalyst to create an environment so that a person can have a better life in Brevard County even though he or she does not have a Ph.D.; and that is part of the methodology that creates those types of enhanced job opportunities. Commissioner O'Brien stated a lot of men and women do not want to work in a factory and want to swing a hammer and accomplish something; with Chairman Scarborough responding they are part of the same and not at odds. Commissioner O'Brien stated those jobs are important; they are included in the service industries that support the high-tech industry that EDC is trying to attract; so those thoughts are not lost; and that is what EDC is trying to do with the Workforce Development Board. Commissioner O'Brien stated trade schools are very important; and if they were here in Brevard County, there would be a much lower drop-out rate.

Commissioner Colon stated her concern is the partnership between education and workforce; it is out there, but should be added to the agreement, so EDC can look at it as a priority. She stated they have it in their plan to work with the school and Center for Business Industries to bring out awareness of career opportunities; a key thing is the partnership; if EDC focuses on that, it will be tremendous to educate young people here and have them stay; the School Board is spending a lot of money recruiting teachers; and it is not just high-tech, but other fields the EDC can help with and look at the bigger picture. She stated she wants to also add to the agreement to focus on what Commissioner O'Brien mentioned and put it together, so when the Board reviews the agreement it is one thing they will focus on in 2002.

Chairman Scarborough inquired if the Board is satisfied with staff changing the language of the agreement and not bringing it back; with Commissioner O'Brien responding they understand where he has been going with that issue, which he has tried to get for years.

Chairman Scarborough called for a vote on the motion to execute the Agreement with EDC as amended by Commissioner Higgs, Commissioner Colon, and himself. Motion carried and ordered unanimously. (See page for Agreement.)

The meeting recessed at 10:30 a.m., and reconvened at 10:48 a.m.

APPROVAL OF SUBMISSION OF COMMENTS TO EAST CENTRAL FLORIDA
REGIONAL PLANNING COUNCIL RE: FINAL IMPACT ASSESSMENT OF
BREVARD CROSSING DRI

Chairman Scarborough advised Greg Golgowski with the East Central Florida Regional Planning Council is here today to tell the Board what the Planning Council does and how it considers items because that is the next step in the process.

Greg Golgowski advised the DRI process is set up to look at large projects that affect the health, safety, and welfare of citizens in more than one county; because of that, the Planning Council was put in as the regional administrator of the program to conduct reviews; and it does that by coordinating input from a number of interests and drawing upon other State agencies for their technical expertise, whether it is the Department of Transportation, Game Commission, etc. to advise them on certain issues. He stated they look to local authorities and staff to provide technical input on the impacts of the project; and they solicit comments from the public and have public hearings as part of the review process. He stated the East Central Florida Regional Planning Council covers six counties, including Brevard County; as a governing board of representatives from each of those counties, the Leagues of Cities from each county, and the Governor's appointments, it is a good cross section of the region with both private and public citizens. He stated their role is to advise, in this case the City of Cocoa, on how it should be considering approval of the Brevard Crossing project in terms of how the project may affect regional and State resources and service infrastructure; and they conduct a technical review, prepare advice, look at a host of potential areas, from transportation to wildlife impacts, and impacts on the ability of employees to find adequate housing in the area. He stated it is the most comprehensive land use review in the State; and they also have a role in reviewing comprehensive plan amendments and advising the Department of Community Affairs as to the consistency of local comprehensive plans changes to the regional strategic plan. Mr. Golgowski advised they received an application from Brevard Crossing; it is being worked on now and has been reviewed for some time; they are at the point where they will be bringing their recommendations to the Planning Council, which will meet on February 27, 2002; and the Council will adopt a position as advisors to the City of Cocoa. He stated right now they are soliciting final comments and opinions from all the co-reviewers, including Brevard County; they will take those and try to work them in where they can support the conclusions or at least include them even if they do not make it in the final report; and they will prepare that for the Council's consideration on February 27. He stated once that is completed, the comments will go to the City of Cocoa; the City will hold its local hearings to consider local concerns; the City might also have a regional report; then the City will adopt a development order for the project either approving or denying it, or approving it with conditions. He noted they will be interested in seeing that their report and recommendations are carried forward into the City's development order for approval. Mr. Golgowski advised the Regional Planning Council does not approve or deny anything; it is an advisor in this process on regional issues; however, should the final development order not adequately consider the issues they raised and not adequately resolve them, the Region's recourse is to request the Department of Community Affairs review the development order and appeal it to try and resolve outstanding issues. He stated Department of Community Affairs is the enforcing arm in this process; Brevard County's input into the process is through the Planning Council; and it can comment at the local hearings, but its formal input is through the regional review that is ongoing right now. He stated they value the County's comments, and are looking forward to them. Chairman Scarborough inquired when will the Planning Council's staff comments be available; with Mr. Golgowski responding he hopes next week, as they are trying to collect all outside comments this week and will be compiling them.

Mayor Judy Parrish, City of Cocoa, advised the project is very important to the City of Cocoa as many projects in the County are to the Board, such as Viera and others; Cocoa is the only city with a negative population growth; they lost population from 1990 to 2000 of over 10%; and for a community of their size, that is a tremendous loss, considering every other city grew and some grew greatly. She stated the City may not totally agree with some of the projects going on in the County, but it recognizes the Board's jurisdiction and authority to approve those projects; and the City is requesting the same from the Board. She stated if the Board has concerns about the project, it can let the City know, and the City will be happy to address those concerns and make changes. She stated the State is being hard on them and the developer to ensure it is a viable project, a good project for the community, and that the impacts are minimal; they are preserving wetlands and are in the process of purchasing approximately 300 acres next door; and they have State funding for that project as well as what the developer would be required to do as part of the mitigation. Mayor Parrish advised the project will create 1,900 construction jobs and 2,500 permanent jobs, which are much needed in Titusville, Cocoa, and the County areas; many will be entry level up to regional vice president; so it is a much needed project for the County. She stated it will have spin-off economic benefits to the County and other cities; it will attract businesses that may not have come to Brevard County; and it will retain almost $400 million in lost sales and tax revenues that are currently leaving the County. She stated when somebody looks into Brevard County, that person sees that it is behind in what it has to offer in quality of life issues; and it is important to keep that in mind and try to enhance the area. Mayor Parrish stated transportation issues will be handled; it is a perfect spot for the mall; it is in the middle of two major interstates; and she cannot think of a better place to locate the project. She reiterated that if the County has any opposition, it should let the City know. She stated there are people here today who have been at everything she goes to; they will fight every development project in the County and every park they try to build; she commends them for it if those are their feelings; but she also feels the County should not fall behind and be shortsighted. She stated the City needs to enhance the quality of life here and offer services desired by residents and visitors; and if the Board would let them know of its concerns, they will do something about it because they want the best development they can possibly get for everybody who lives here.

Attorney John Evans, representing Brevard Crossing, advised it is appropriate to address the list of items sent to Department of Community Affairs about nine months ago relative to the County's concerns for the project; the items basically break down to three issues--(1) wetlands and how those are handled in terms of the City's Comprehensive Plan; (2) transportation; and (3) demand for the project and what it will do to surrounding properties. He requested permission to allow Stuart Bradow to speak as he is an environmentalist and will explain what the environmental proposal is relative to the wetlands.

Stuart Bradow, President of Habitat Restoration, Inc., advised his company locates and provides mitigation for private and public developments in Central Florida; prior to that, he worked for South Florida Water Management District in charge of the Natural Resources Management Division; and before that, he ran the Marathon Office for the Department of Environmental Protection in the Keys. He stated they were tasked with finding mitigation for the Brevard Crossing site; they looked at the onsite impacts, how severe they were, and what kind of mitigation was needed; they found the site for the DRI was relatively disturbed and has major problems in terms of environmental features, power lines, ditches, and a lot of off-road vehicle usage that have impacted the site; however, it still had some features that needed to be mitigated. He stated they worked with the Water Management District to develop a regionally-significant mitigation plan across the river; and it is not technically in Brevard County, but about as close as it can get, just on the other side of the St. Johns River. Mr. Bradow advised the water management districts are set up along resource boundaries that define watersheds and basins, etc.; occasionally counties are the boundaries, but most of the time they are not; and Brevard County is a good example because it goes down the middle of the river and actually bisects the resources of the river. He stated the mitigation site is about 1,400 acres; it will have a substantial benefit to the ecology of this part of the river and will affect the Brevard County side as well; and because the mitigation is so close to the population centers of Brevard County, he suspects the citizens of Brevard County will benefit more than those of Orange County, which does not have much population base near there. He stated because counties are set up on political boundaries and water management districts are set up on resource boundaries, there has always been friction between what local governments would like to see and what the State and Regions are trying to implement in terms of resource protection. Mr. Bradow stated when the Comprehensive Plan started coming out, the friction increased, especially because there were mitigation banks; there were regional mitigation areas like the one he is talking about today that started to be developed; and to try and resolve the friction, the Florida Legislature passed an amendment to Florida Statutes 373.4135(2), which states, "Local governments shall not deny the use of a mitigation bank or offsite regional mitigation due to its location outside of the jurisdiction of a local government." He stated he has been through the same scenario with several other counties, including Orange and St. Johns Counties; the Board has concerns about the mitigation being out-of-County; they had the same concerns; but the bottom line is their legal staff advised them that due to the way the Florida Statutes are, pursuing the Water Management District on that issue was not viable. He stated they produced a good mitigation plan because the Water Management District has put them through the wringer; it is a big mitigation plan, and regionally significant; and the citizens of Brevard County will benefit as a result.

Commissioner Higgs inquired if the mitigation is being done on State land at Tosahatchee or is it a private mitigation bank; with Mr. Bradow responding it is on State land at Tosahatchee. Commissioner Higgs inquired if they are buying the acreage; with Mr. Bradow responding no, it is a restoration project. Commissioner Higgs inquired if they are not providing one for one or one for four acquisition in terms of no net loss; with Mr. Bradow responding no, it is a restoration, not an acquisition. Commissioner Higgs requested Mr. Bradow enumerate very specifically the mitigation that the Water Management District is requiring; with Mr. Bradow responding they looked at the overall situation at Tosahatchee and what the unmet needs were; Tosahatchee is one of the poorest funded reserves in the State; and they identified a number of different aspects that needed to be done. Commissioner Higgs requested acreage, miles, square feet, and specifics on the mitigation; with Mr. Bradow responding he has an aerial of the plan if the Board wants to see it. Commissioner Higgs requested Mr. Bradow just tell the Board what he is doing. She stated she understands they will be destroying 99 acres of wetlands of the 103 acres on the site. Mr. Bradow stated the amount includes wetlands and surface waters as there are some borrow pits out there that count in that number.

Mr. Bradow stated the plan covers quite a bit of the Preserve; and explained the plan identifying areas with 700 acres of old wetland hammocks that will be drained, and areas where they will reverse the drainage and re-hydrate the areas. He stated they will add culverts where the roads block off the flow and cut off the sloughs; they are going to open those up and in some areas be some restoration by filling ditches; Yates Road will be removed; there is drainage that comes down that road, goes down the Beeline, and drains into the slough settlement; and 207 acres will be restored along with some downstream aspects. He stated they are taking out the culvert crossing on Jim Creek and replacing it with a broader crossing that will allow water to flow across it in a natural manner instead of backing up and causing erosion; and duck field is an old disturbed area that hunters used, which they plowed into furrows and thought if they planted beans and rice, it would be a good hunting area; but the soils were not very good and it did not turn out well. He stated they will restore that area back to a marsh condition and get it into a situation where sandhill cranes can nest there again. Mr. Bradow stated they will take out 110 acres of wax myrtle mono-culture; when the property was drained, tremendous quantities of wax myrtles started to take over the floodplain; a couple thousand acres used to be high marsh and are now all wax myrtles; the Park has tried to burn them to get rid of them, but they did not burn; so they are going in and mechanically removing the myrtles. He noted they did that with 407 acres, and it has worked very well and has gone back to a marsh condition. He pointed out the areas on the plan where they will remove the myrtles and the major canals to the south along SR 520; and stated the outer canal is draining all the historic marsh and swamp; and they are going to restore the area that is part of the head waters of Taylor Creek, fill it in, replant wetland trees in about 182 acres and three other areas so the entire area will be allowed to get wet again. He stated they hope to restore all the historic functions to the wetlands; and they have done other projects at Tosahatchee that worked very well.

Commissioner Higgs inquired if Mr. Bradow is under contract with the developer to do the mitigation plan; with Mr. Bradow responding yes. Commissioner Higgs inquired if he can estimate the value of the mitigation plan by the amount of money, the cost, what he is charging, etc.; with Mr. Bradow responding the actual monetary value of it is difficult to know until they know what the costs are; but they believe it is going to end up being close to $1.8 million. Commissioner Higgs inquired if the developer is going to pay $1.8 million; with Mr. Bradow responding they do not have the final numbers. Commissioner Carlson inquired if all the features Mr. Bradow pointed out on the plan are part of the mitigation; with Mr. Bradow responding yes, and they are also going to provide the Reserve with equipment and funding so in the long term, after all the success criteria are met, they will have funds and equipment to maintain it. Commissioner Carlson inquired if they go through a cost/benefit analysis regarding destruction of wetlands on the east side of I-95 versus the west side and how that will potentially promote restoration of Brevard County's water resource. She inquired how the mitigation is going to actually improve the County's ability to get a clean water source from Lake Washington and what is the benefit of the restoration project to Brevard County. Mr. Bradow advised the development site wetlands are isolated; they have major roads and developments around them that isolated them from the river system; so the loss of those wetlands should only have a very localized effect. He stated if they were closer to the river or tied into the floodplain and in better condition and did not have power lines through them, then they would represent a higher value to the region; but they are isolated and diminished in value.

He stated the mitigation plan they came up with had to not only offset that, but exceed it in terms of what it gives back to the environment; and the Water Management District, through a lengthy analysis, has determined that their plan will do that. He noted they had good results before; have a lot of experience in this field; and they feel it will not only help the Preserve, but the whole river system in that area. Commissioner Carlson inquired what is Mr. Bradow's definition of local effect; with Mr. Bradow responding the effect does not go much further than its boundaries. Mr. Bradow stated there are local populations of animals that live on the site; it may have some avian species that go back and forth; but the environmental assessment shows only about 14 acres of the marsh are in decent condition. He stated they are offsetting areas that are bare sand with the mitigation; but because they are within the historic limits of the wetlands, they are considered wetlands. He stated just because there is no vegetation does not mean it is not a wetland; so the good that it is doing is very small in terms of the region.

Commissioner Colon stated the County will lose about 100 acres of wetlands that will be mitigated in Orange County; and requested an example where mitigation was done in Brevard County for destruction of wetlands in another county. Mr. Bradow stated his company has not done one that went into Brevard County from a surrounding county, but has been involved with other cross-county mitigations; several of Orange County's projects were mitigated in Osceola County; so it is an inter-mix and give-and-take situation. Commissioner Colon stated she wants to know if Brevard County has gained out of a mitigation; with Mr. Bradow responding not that he is aware of, as he has not worked on any. Mr. Bradow stated it can happen because Brevard County has two basins; and if another county has an impact on those basins, then Brevard County is eligible to receive mitigation as long as there is an appropriate site. He stated a lot of counties are starting to set up mitigation sites to bring people to them; that is what Martin County is talking about doing; so if Brevard County has areas it wants to pinpoint and set aside as mitigation areas, he would recommend it do that because that is a good way to get people to use the County areas for mitigation.

Commissioner O'Brien stated he is not against the possibility of building such an exciting project like the Brevard Crossing Mall, but he has serious concerns about 15, 100, or 1,500 acres of wetlands located in Brevard County being mitigated in another County. He stated Brevard County is going to lose those wetlands, which are part of the flyways for many birds that come through there and for other creatures as well. He stated Brevard County has a policy that mitigation of wetlands should take place within ten miles of the area that is being taken; it also has a no net loss policy about wetlands; and suggested staff investigate other permits being issued by the St. Johns River Water Management District because the Tosahatchee Preserve is not in Brevard County, so Brevard County will be the big loser while Orange County gains. He stated the Policy is to keep the wetlands in Brevard County; but if the County sustains a net loss and some other county gets the preservation of lands, Brevard County will continue to erode the things it spent a lot of money on to preserve. He stated the County is buying environmentally endangered lands; there are policies in place for development; here is a development that wants to mitigate in Orange County; and he does not feel that is proper because there are places in Brevard County that could use some mitigation. Commissioner O'Brien recommended staff investigate the permitting process with St. Johns River Water Management District to get more details on what is going on, and bring it back to the Board. He stated he received a lot of phone calls about the project; some were about their personal philosophies, but others were reasonable about it. He reiterated that Brevard County should not lose a valuable resource to a different county.

Mr. Bradow stated they have run into that issue before; this mitigation is better for Brevard County because it is very close; it is just on the other side of the political boundary, which is the St. Johns River; and because it is affecting the marshes all along the river, it will have an effect on Brevard County's side as well. He stated it is near Brevard County's population, not near Orange County's population; Orange County does not have towns or cities that far east; so as far as who benefits or not benefits, from a user standpoint, certainly Brevard County is in a better position to take advantage of the improvements instead of Orange County.

Commissioner O'Brien stated Brevard County, through the Florida Inland Navigation District, pays taxes and Orange County does not; they are spending Brevard County's tax dollars to create the blueways along the Indian and Banana Rivers, and that also involves preservation and mitigation of wetlands along the rivers; and there are also greenways. He stated he does not want to see the mitigation go across the St. Johns River into Orange County; he feels strongly that mitigation should be kept in Brevard County because the County has spent millions of dollars preserving wetlands and high grounds for scrub jays, etc.; and with that, the Board has a responsibility to look at the project and say it does not want to take it some place else. Mr. Bradow stated the County has to be careful with the aspect of public money versus private money; if the County has an acquisition program set up for certain purpose, it probably cannot use it for mitigation; it needs to be earmarked from the get-go as mitigation; and if scrub jay habitat acquisitions involve fund sharing with the State or whoever, there is going to be a problem if the County tries to use the land for mitigation. He noted mitigation land is hard to come by; and there is a real difference in the things that are publicly funded and the private side when trying to find mitigation areas. Commissioner O'Brien stated he understands that, but again the Comprehensive Plan was changed to no net loss of wetlands; the Corps of Engineers say no net loss; the County discussed with the St. Johns River Water Management District that if mitigation is going to take place, it be kept in a confined area, so the County does not have a whole area wiped clean, and some place far away reaps the benefits that Brevard County loses. He stated it is a natural resource that Brevard County is going to lose; he strongly prefers, rather than lose it for the entire County, that the developer have the entire mitigation done some place in Brevard County, hopefully close to what is presently being contemplated as a loss. Mr. Bradow stated when they start dealing with the Water Management District to try and find out what would work for mitigation, the proximity to the impact was a big concern of the District, as well as being in two basins; so in order not to have cumulative impacts, they had to be in both basins; and it is hard to find areas like that. He stated it is a real tall order to come up with mitigation that meets those requirements.

Commissioner Carlson inquired if Mr. Bradow has knowledge of the St. Johns River Water Management District's priorities as far as restoration projects; and if the Tosahatchee is a top priority. She stated there is a lot going on further south that are priorities. Mr. Bradow stated it is a high priority for the Department of Environmental Protection since it owns the Tosahatchee; it has a Unit Management Plan; and ever since it set up the park in the 1970's, the Unit Management Plan has gone unmet and the needs have gone unmet, so they are willing to work with him. He stated it is a high priority; the Department of Environmental Protection wants it restored; they have done other projects in there that restored part of it; and this is the final chapter as far as the Tosahatchee is concerned. He noted the Board will not have to be concerned about any mitigation going there again because there will not be any; and this mitigation project will take care of the rest of the needs.

Commissioner O'Brien stated that mitigation should not happen now; there are plenty of wetlands around Cocoa that should be considered; there is a plan by the City to restore Mud Lake; there are also wetlands along Friday Road, which the Mall will impact by increased traffic; so the Board should request staff to get details about the specific areas of the DRI from Cocoa if possible and report back to the Board. He stated the County has spent too much money and effort to preserve wetlands Countywide to allow this mitigation project to go across the St. Johns River; there are areas in the County that can be worked on; North Merritt Island has 20 acres he would like to see mitigated; and there may be areas in Micco and other places.

Attorney Evans advised the other issue in the report is transportation; the City of Cocoa, Department of Transportation, and his client have worked together on a plan that will involve about $4 million from the City to four-lane SR 524, $4 million from his client to put in other improvements, such as traffic lights, and interchange and offsite improvements, and about $1 million for Cox Road improvements. He stated the only specific objections he heard from the County related to Cox Road; and he introduced into evidence a letter from their expert David Plummer and Associates to Mary J. Vreeland, Project Manager for the Mall, dated February 4, 2002, as follows: "Dear Ms. Vreeland. Our firm, as part of the Brevard Crossing Development of Regional Impact Statement, provided traffic analysis on Cox Road, between SR 524 and SR 520. This was for the buildout of that project. The results showed that the two-lane section of Cox Road, with turn lanes at the critical intersections, will operate at buildout at Level of Service B or better." Mr. Evans stated when the project is built out, Cox Road will still have a Level of Service B; and that level of service is well above the requirement of Brevard County. Mr. Evans introduced the letter into the record as evidence.

Chairman Scarborough advised Mr. Evans sent him a letter saying his client agreed to $4 million for other improvements and the City agreed to $4 million for four-laning of SR 524, plus $1.8 million for Cox Road; and inquired if that letter was sent to the other Commissioners; with Mr. Evans responding no, he responded only to the question asked by Commissioner Scarborough. Chairman Scarborough stated the letter said the City agreed to commit $4 million to four-lane SR 524; and inquired if that is correct; with Mayor Parrish responding yes. Chairman Scarborough inquired if the City is committing any other monies at this time; with Mayor Parrish responding just on the conservation area. She stated the Mall will widen from Industry Road to I-95; and the City wants to continue the four-laning around to Michigan Avenue so that the entire road would be four-laned and not four to two and back to four.

Commissioner O'Brien inquired what will it cost to four-lane the road; with Mayor Parrish responding the $4 million will cover the whole project.

Commissioner Colon stated she asked the developer a question this week, but he did not have an answer for it; and inquired if the $4 million the City is allocating for the four laning of SR 524 is because of Brevard Crossing or was it already part of the City's five-year transportation plan; with Mayor Parrish responding it was part of the City's plan to widen that road. Mayor Parrish stated there is a Super Wal-Mart going in, shopping centers, a Post Office, and a lot of development along that corridor; so the City wanted to widen the road. She stated the City is also looking at neighborhood enhancements, walls like Suntree, and aesthetic enhancements. Commissioner Colon inquired if regardless of the mall, the City already planned to do that work; with Mayor Parrish responding it is because of the Mall that it is being done now; and they did not want to go half way because it would cause a bottleneck.

Commissioner Carlson advised she met with Ms. Vreeland yesterday and was informed there was going to be a phased approach as far as buildout of the site; and inquired if Mayor Parrish can allude to that. Mayor Parrish advised it is basically because State funding for widening of I-95 is further out than what the project would desire, so they are going to phase it; and I-95 will be widened by the time the second phase and entire project are built.

Commissioner Higgs advised she has a memo from Bob Kamm, MPO Director of Transportation, on the impacts to Cox Road and what the improvements being suggested are and what possibly may be further impacts that may be a cost to the taxpayers; and inquired if Mr. Kamm could comment on that. Mr. Kamm advised Cox Road is a two-lane rural road at the moment; it carries about 4,800 vehicles per day; the analysis of Brevard Crossing indicates the volume on Cox Road will increase to 11,000 per day, which is 125% increase in volume; and that is comparable to the volume that is now on SR 524. He stated although it is not a level of service issue because the volume on Cox Road today is relatively low and there is considerable surplus capacity, his concern is more than doubling the traffic volume, two-thirds of which would be bound for the mall. Commissioner Higgs stated it is a two-lane road with no curbs and gutters and open drainage. Mr. Kamm stated it also has no shoulders or turn lanes. Commissioner Higgs inquired, considering the condition of the roadway in terms of handling additional traffic, will it require additional pavement, and a change in character of the road and the traffic on it. Transportation Engineering Director John Denninghoff advised the character of the roadway will change dramatically; currently it is a rural character; there are a number of residential single units on the east side of the road; and the rest of it is industrial and commercial with heavy trucks, which require long acceleration and deceleration distances. He stated it is incompatible with the high-volume roadway that this would become; structurally the road is not heavily potholed at this time; but if he had to characterize it from the surface without geo-technical testing or sub-surface investigation, he would say it is in the latter 25% of its lifetime, and a dramatic increase in the traffic volume would shorten that lifetime. He noted they can anticipate substantial structural failures on the road if improvements are not made. Commissioner Higgs inquired what about the safety of the 11,000 cars on a rural road with a very wide ditch opened on one side; with Mr. Denninghoff responding the ditch on the west side of the roadway is inside the clear zone for the road; on the east side there are power poles and lines that are also in the clear zone; and nearly all the pipes that provide drainage under the driveways on the west side have vertical headwalls, which are also in the clear zone. He stated increasing the volume of traffic would present a significant hazard for people who are not familiar with the area; and it should be upgraded to eliminate all the clear zone issues. Commissioner Higgs inquired if upgrading includes the ditch; with Mr. Denninghoff responding his opinion is based on what he knows; it is unlikely they can provide for eliminating all the clear zone problems without piping the ditch; but it may be able to be done, depending on how much right-of-way they can acquire in order to widen the road or provide other improvements. Commissioner Higgs inquired if Mr. Denninghoff has an estimate of what it would cost to pipe the ditch; and if the developer does not do it, who would do it. Mr. Denninghoff responded he would assume the taxpayers would do it; and his estimate is approximately half a million dollars for the length between SR 524 and SR 520, which is 1.8 miles.

Mr. Kamm stated what the applicant has proposed is to add turn lanes at the intersection of Cox Road and SR 520, add turn lanes at Cox Road and SR 524, and improve the area around the project entrance, which is about half way between SR 524 and SR 520. He stated those are the only improvements specifically brought forward by the applicant at this time; and the Board is discussing additional improvements between those points to accommodate the traffic volume.

Chairman Scarborough advised Mr. Kamm mentioned that he is working on an agreement that requires the signature of the Board and is independent of the DRI; and requested Mr. Kamm describe the significance of that. Mr. Kamm advised there is a separate parallel agreement being developed concurrently, a transportation mitigation agreement that specifically talks about what will be done to address traffic deficiencies; it will involve the signature of the City of Cocoa, the Board, and Florida Department of Transportation as well as the developer to address those deficiencies and how much would be paid by whom and over what phasing period. He stated the agreement will lay out the details to address the transportation impact that is separate from the development order, which is between the developer, the City, and Department of Community Affairs; and that agreement will come back to the Board for approval at a later date as they are proceeding through negotiations.

Attorney Evans advised the developer and City are working to resolve the transportation issues in the interest of the public; there needs to be more work done; the agreements are being negotiated at this time; and they are being addressed. He stated the last issue is the demand issue; and he has a copy of Henry Fishkind & Associates' report which he will present to the Board and the Clerk. He stated the County's economic report shows there is immediate demand for a regional mall; Mr. Fishkind goes beyond that and says there is so much pent up demand in Brevard County that they are going to Orange County and other counties; and if the mall is built tomorrow, it will not have a significant negative impact on other malls within the County. Mr. Evans stated Mr. Fishkind is one of the premier authorities; it is his expert testimony; and it clearly shows there is enough shopping demand in Brevard County that the mall can be built and Merritt Square, Titusville malls, and Melbourne Square can exist and successfully compete. He stated they have addressed the issues the Board raised previously; they appreciate any good constructive criticism; the object is to build a project that is good for all citizens of Brevard County; and they will work with the County to accomplish that goal.

Douglas Sphar, representing the Sierra Club Turtle Coast Group, advised the large areas 1, 2 and 3 are done, and what they are doing is to clean up 4, 5 and 6; and it is too bad Mr. Bradow did not have the details of his mitigation plan today because what he would have told the Board is that a large part of the plan is not restoration, but enhancement; and that is basically a lower caliber than restoration. He stated there are 3,000 acres of Tosahatchee on the Brevard County side that are currently being used for cattle leases, etc.; and maybe there is some potential to move it back from cattle to marsh. He stated the St. Johns River Water Management District, in its recent technical staff report on Brevard Crossing, wrote, "The onsite wetlands are moderate to high quality and currently provide habitat and food source for a variety of aquatic and wetland dependent species, including Florida sandhill cranes and wood storks." He stated the Florida Fish and Wildlife Conservation Commission, commenting on the DRI, wrote, "A significant portion of the onsite uplands remain intact and function as viable habitat corridors and refuge for wildlife species." He stated Melbourne South, in its DRI application said, "The existing site is exemplified by the presence of good quality water in the wetlands and borrow pit." He stated the proposed project will consume 99.9 acres of wetlands out of 103 acres of wetlands on the site; one of the things that will replace the wetlands is 100 acres of paved parking; and stormwater from the paved lot would drain to the St. Johns River, an American Heritage River and identified source of drinking water. He inquired for what good benefit to the citizens of Florida are the attributes being sacrificed. Mr. Sphar stated the reason the general census, economic census, and Brevard Tomorrow's demographic profile indicate no compelling need for this project is the significant evidence that the area is already overpopulated with malls and department stores. He stated the census data shows one department store for every 26,000 residents; but in Brevard County, there is one department store for every 19,000 residents; and that means the retail pie is sliced into thinner slices than the State, and will be thinner if Brevard Crossing is built. He stated to make matters worse, the census shows everybody spends $831 a year in department stores, less than the State average of $861; and that is probably due to the aging of Brevard's population, where the median age increased from 36.1 to 41.4 years during the 1990's. He stated the population 65 or older increased by 42%; senior citizens pay less than the average; and that is why Brevard County is below the State average in annual department store expenditures. He noted conversely Brevard's 18 to 24 year old age group dropped 6% this decade; and that is the age most apt to spend money in malls. Mr. Sphar stated there is already new retail coming into Brevard County; the groundbreaking for the Viera Promenade will have ten to fifteen new retailers; and there are the new Lowe's in Rockledge, Cocoa Commons, Rockledge Commons, and the soon to be built Super Wal-Mart. He stated as a result, Central Brevard has become more over retail than the 2000 census; and the Sierra Club has asked why the County needs to sacrifice its assets to build a mall in an already overbuilt market. He stated the County's demand was done by a consultant based on over-estimated demographic and economic projections from the 1990 general census; the recent census has poured cold water on the projections; and the County should be sharing with the East Central Florida Regional Planning Council not projections, but reality from the 2000 general census. Mr. Sphar advised Section 9J2 of the Florida Administrative Code, allows the East Central Florida Regional Planning Council to attach alternative views to the regional report; so the County should insist the perspective of the County be attached. He stated someone mentioned shopping in Palm Beach; Orlando has the new Mall at Mellinia with Nordstroms, Neiman Marcus, Bloomingdale's, Lord and Taylor, and others going to Florida Mall; they are capturing the upscale regional market; and Gucci and Tiffany's are going in there also. He stated they say they look for demographics of people making over $100,000 a year; and he does not think that is Brevard County.

Don Molitor advised he is not representing the Port Authority or the EDC, but is speaking as a resident of Cocoa. He stated Commissioner O'Brien mentioned the EDC should be working towards trade schools; that is a good idea and good goal; and he can think of no better way to improve the quality of trade education than the 1,900 jobs that will be generated in the trades for construction of Brevard Crossing. He stated the EDC works diligently to bring in manufacturing, and is quite excited when it can get ten new jobs; this project would produce 2,500 new jobs; and there is a parallel there that needs to be looked at. He stated the word in the general community is that some of the Commissioners are opposed to a new shopping center because it may do damage to other shopping centers on Merritt Island and Melbourne; he questions whether those same thoughts existed when Wal-Mart Super Center went in on Merritt Island, or large hardware stores and multi-service stores like Lowe's and Home Depot went in because he did not hear complaints that they would diminish the profitability of other retail establishments, yet with the opportunity for the City of Cocoa to produce a large shopping area and dramatically increase its tax base, they hear as gossip that there is opposition because another shopping center might be hurt. He stated Mr. Fishkind said that would not be the case; and he is a highly respected source. He requested the Board allow the City to proceed with the shopping center that would support the entire County.

Giles Malone, representing Cocoa Expo Center, advised Cocoa Expo attracts about 60,000 people a year to participate in different sporting events; from a business standpoint, Cocoa Expo is competing against the likes of Disney's Wild World of Sports to attract teams to the area; they generate over 60,000 room nights a year for the local hotels; but the customers who come shop in Orlando. He stated having a mall close to Cocoa Expo Center will be a great benefit to the area for the teams to spend their money locally, and make it easier for them to market; the people will have more to do closer to home; and the jobs it will create will help the area as well. Mr. Malone stated they have a new power plant going in across I-95; it seems like a mall would be more attractive to add to the area; and having that facility will make it easier to get groups to Brevard County. He stated he hopes it can be worked out because it would be a great benefit to the area.

Bill Parsons, representing Wakulla Hotel, advised he has been in the hospitality business for 38 years, 17 of which were at Doubletree/Howard Johnson in Cocoa Beach; and the short-term and long-term international tourists need more reason to stay here and stay longer. He stated many drive to Florida Mall to do their shopping; the Port is developing to have more cruise ships; they need things for the people to do when they get off the ships; and the mall would be a great advantage for that and would mean more room nights, more business for restaurants, and more tax revenue for Brevard County, so he is in favor of the mall.

Tommy Alston requested the Board support the Brevard Crossing Mall, but more importantly, to support the City of Cocoa. He stated of all the cities in Brevard County, he considers Cocoa his hometown and has been a part of that community since 1964. He stated he had the pleasure of being the point person on Merritt Square Mall when it came to the County; he appeared before the Cabinet in 1969 to get a dredge and fill permit to fill the marshlands where Merritt Square is now; but that is history and will not happen again. He stated there will be minimum mitigation involved with Brevard Crossing; and requested the Board support the City of Cocoa in its endeavor. He stated the City needs the mall; it is going backwards; the project is a wonderful shot in the arm; it is good for West Central Brevard; and it is good for all of Brevard County. He stated they are jumping through hoops to comply with all the regulations; the developer may spend close to $2 million going through the permitting process; and little business people cannot do that. He stated the developer is bringing something good to the community; there are numerous regulatory agencies; and again requested the Board support the City of Cocoa so the people can have a wonderful regional mall in their community.

Janine Christian, representing Merritt Square Mall, advised the Mall asks the Board to consider the impacts from the development of Brevard Crossing. She stated the 2000 General Census and the 1997 Economic Census indicate the County is already overpopulated with malls, strip centers, and other retail establishments; based on the 1997 Census of retail trade, there are approximately 27% less residents per department store in Brevard County than the Florida average, most national chains in Brevard County have store volumes below their Florida Statewide averages; and with increased competition with second and possibly third stores, it will dilute the dollars further. She stated instead of having a few successful malls in the area, they will have more blighted malls that will be marginal or unsuccessful; occupancy in retail centers is below average; and a new mall and projected growth of a disproportionate number of senior citizens will cannibalize cells in existing shopping centers. Ms. Christian advised Brevard Crossing's application for development approval estimates that 22% of its projected $430 million in annual retail sales will come from Merritt Island, Cape Canaveral, and Cocoa Beach; that amounts to $95 million from those communities; and based on a study commission by Brevard County, Brevard Crossing will divert $71.2 million from Merritt Square alone. She stated the average income per household for the area is well below the national average; if the County demographics warranted high-end stores, those stores would be found in some of the existing malls; and in discussions with tenants, the demographics have not supported those types of tenants. She stated along with retail stores, Brevard Crossing is proposing a 300-room hotel; since 1994, Brevard's average annual hotel occupancy has been around 60%, which is well below the standard threshold of 70% per commercial demand analysis; and inquired, with the economy in a recession and tourism down in Brevard County, how can the County support another hotel, particularly in that location. She stated they are in favor of development and what is good for the community, but what is being proposed is bad for the entire community; and requested the Board do the right think and prohibit the development of Brevard Crossing.

Richard Wallace advised he sent an email to Commissioner Higgs, and read it to the Board, as follows: "Please oppose this boondoggle called Brevard Crossing. The thing is not needed. My wife and I went to see the land area that will be destroyed. In our opinion, the destruction of wetlands and wildlife habitat is a crime against nature. The developer should be met with a resounding no. We've got to put a stop to wasteful destruction that some call progress. Many relate their progress to their bank accounts and the heck with Florida or Brevard County and its environment. There has been a lot of deep thoughts in speaking and material and statistics turned out by the speakers, but I encourage you again, the bottom line is no need for this and the monies to be spent is wrong." Mr. Wallace inquired, when Mr. Bradow talked about the Tosahatchee Reserve, why is restoring the Tosahatchee and doing what they should be doing now justify destruction to satisfy their failures. He stated Mr. Bradow's argument was full of information, but the bottom line is Orange County was sitting on its rear end and Brevard County is going to be its savior. He stated after living in Orange County for several years, he does not want to save them from anything because they deserve everything they get.

Kenneth Koch, City of Cocoa Community Development Director, advised the Community Development staff has been evaluating the wetland impacts, particularly the 99 acres; they have been informed that it is not a regionally-significant wetland system; they visited the site several times; and the proposed mitigation area in the Tosahatchee, which is a regionally-significant preserve area, will have positive impacts on the water quality of the St. Johns River basin, which will benefit Brevard County; so his staff supports the proposed mitigation at the Tosahatchee, even though it is not physically located within the boundaries of Brevard County. He stated they feel the proposed mitigation will have a positive impact on the wetland system, more so than preserving the 99 acres on site; those who are familiar with the site know that the restoration of the 99 acres, even though rated as fair to high quality, would not have the positive impact that the mitigation plan for a regionally-significant area like the Tosahatchee would have unless the power line that circumvents the wetlands can be removed; so they believe it is proper to allow the 99 acres of wetland impact. Mr. Koch advised negotiations are ongoing regarding Cox Road; they are meeting with Florida Department of Transportation and Brevard County tomorrow; they believe the original mitigation proposed in the plan was not the $1.8 million that was discussed earlier; and they will get that back on track to include guardrail improvements, intersection improvements, and long-term maintenance. He stated the City is open to discussions and negotiations with Brevard County about sharing in the maintenance of that roadway; and he cannot speak for the Council, but it is something they worked on similar to the agreement with the Oleander power plant for maintenance of Townsend Road. He stated the projected gas tax revenue for the project, when it is built out, will benefit Brevard County about $199,000 a year; and once the project is completed, it will generate about $1 million to Brevard County and $1.5 million to the Brevard County School System in ad valorem tax revenues.

Franck Kaiser, representing Home Builders and Contractors Association of Brevard, advised the economic stimulus the project will bring to Brevard County is greatly needed; the economic development impact of the project cannot be understated; and it is critical for the attraction and retention of business and industry. He stated one of the impediments they have been experiencing for the last few years in Brevard County in attracting the quality of industry they want was a lack of caliber of shopping that the Brevard Crossing mall proposes and the quality of life that it generates; and the job creation is also important, not only in construction, but permanent jobs at that center. He stated in recovery of tax revenues, it is often overlooked that Brevard County loses lots of sales taxes and ad valorem taxes that it needs; everybody in Brevard County is not poor; and they go to Orlando or Palm Beach to shop because there are no stores of the type proposed for the Brevard Crossing in the area. He stated Brevard Crossing will enhance the area and not detract from it; he agrees with Fishkind that it will not detract from existing shopping centers; and if there is evidence that there is too much shopping and strip centers, shopping centers could be converted into other businesses and be an improvement to the economic climate of Brevard County. He noted it has taken place in Brevard County, particularly in Melbourne where retail centers are now office complexes. Mr. Kaiser advised a lot of residents go to Vero Beach to shop, primarily senior residents, because of the good values; and in view of the popularity of factory outlet malls, that might be a good reorganization for Merritt Square Mall. He stated there will not be competition for Burdines or J. C. Penney's because those stores are not going into Brevard Crossing; so the Board needs to be open-minded and look at the overall good for everyone in the County and beyond political boundaries. He stated the environmental aspects have been well addressed; it is a regional issue and not a County boundary issue; environmental issues go beyond County lines; so the Home Builders and Contractors strongly support the creation of Brevard Crossing Mall for the economic stimulus it will provide for the County and long-term improvements of the quality of life.

Mary Jane Vreeland, Project Manager for Brevard Crossing, advised she is here to answer any questions the Board may have. She stated it seems like the topic has been covered comprehensively; and she appreciates the Board taking time to hear them.

Commissioner Higgs stated she is confused about the anticipated anchor stores. She stated when Ms. Vreeland presented the project a long time ago, they talked about Saks and some of those stores; and inquired if that is still the plan; with Ms. Vreeland responding just about any retail development anchor store will not make a public commitment prior to approval of a project; so while she does have anchors that are extremely interested, she is not at liberty to disclose that to the Board.

Brian Mosher active and concerned resident of Rockledge, suggested the Board send a message to East Central Florida Regional Planning Council that Brevard County does not need another DRI of this size because of the obvious negative economic and environmental consequences. He stated they mentioned there would not be negative impacts to other malls, but he questions the impacts on small businesses. He stated the City is working on redeveloping Barton Boulevard, which is an area of a lot of urban blight and empty storefronts; the City desires to create a traditional downtown area to revitalize the commercial properties along Barton Boulevard and encourage new businesses to help fill some of the blighted spaces; and Brevard Crossing will make that effort more difficult, as it will pull potential customers away from that area. Mr. Mosher stated Brevard County needs more businesses to fill blighted areas; it is more convenient for people who can walk to shop; it is interesting that they say one of the plusses is the tax revenues from gas taxes; and having people driving a long way to get to the mall is a kind of sprawl. He stated the Brevard County Comprehensive Plan mentions discouraging sprawl; the proposed mall is an obvious sprawl magnet; and the County does not need any more of that. He stated he takes exception to the extent of the mitigation that would occur; Brevard County and the City of Cocoa need to realize what sets Brevard County apart are its vast natural resources; and mitigation of this scale should be discouraged to maintain the County's environmental assets and amenities.

Steve Smillie, representing Smoke Rings in Merritt Square Mall, stated the increase of new jobs for building of Brevard Crossing may be a true statement; but when looking at the impact on other businesses in Cape Canaveral, Cocoa Beach, and Merritt Island, it is a diversion of $71.2 million in annual sales from Merritt Square Mall alone; and with that kind of diversion, the County will be looking at lost jobs and businesses in those areas, so it is trading job for job as well as dollars for dollars because it would take dollars from one area to increase it in another area. He stated Brevard County currently has two major shopping districts in Melbourne and Merritt Island; with the economic situation in recession and the American tragedy of September 11, a lot of businesses have suffered; and to add another major shopping district to that will not help those businesses. He stated he cannot agree with the statement that the project will not affect other malls; by the time it is approved, it will re-cripple all the businesses that are currently trying to recover from the economic downfall; so he supports Merritt Square Mall and anyone else who wants to prohibit the development.

Dolores Kane of Merritt Island, Real Estate Agent and Constitutional Property Rights person, inquired why Brevard County is injecting itself into a matter of the City of Cocoa; and can Brevard County stop the project or has it the right to do that.

Chairman Scarborough advised when the City of Cocoa changes its Comprehensive Plan, Brevard County is a commenting agency; he and Commissioner Higgs sit on the East Central Florida Regional Planning Council that will be making recommendations to the City; and Bob Kamm indicated there needs to be a transportation agreement because it will impact Brevard County roads; so those are three areas where the County is involved by law. Commissioner Higgs stated the property was annexed into the City and abuts County property, so the Board is involved in the impacts the project may have on the County's unincorporated area. Commissioner O'Brien stated people should not work on a presumption that the Board is against the project; it has concerns about transportation impacts, environmental impacts, and other impacts such as housing demands; and those are legitimate concerns. He stated it is the Board's responsibility to look out for the health, safety, and welfare of its citizens; and that is what the Board is looking at. He noted no Commissioner said he or she is against the project.

Ms. Kane advised Commissioner O'Brien mentioned flyway over the property; and inquired if there has been a bird count, and are migrating birds on the property; with Commissioner O'Brien responding traditionally wetlands are for birding and that is why they are important to Brevard County, not only to percolate water, but also to maintain wildlife. Ms. Kane stated the City needs the project; and if the Board can help the City out, it will be a good thing to do. She stated the Vero Beach Mall has not been a detriment to Vero Beach; the Brevard Crossing will create jobs that are positive for the area; the mitigation will benefit the people; and they are addressing the wetlands situation and transportation issues. She stated they are jumping through hoops with St. Johns River Water Management District and Department of Community Affairs, so everything should be done before a permit is issued to them; it will be in accord with what is put in place with the City, State, and environmental agencies; and she would like to see it go forward because it would be good for the City of Cocoa and the area.

Commissioner Carlson stated, based on the County's comments and analysis of the City's Comprehensive Plan, and their knowledge of the County's Comprehensive Plan, there was a lot of critiquing that went on; and inquired if the City officially responded to the County's staff comments; with Mayor Parrish responding yes. Mr. Koch stated it was a Comprehensive Plan amendment and simultaneous DRI Comprehensive Plan review; it started quite a while ago; they had a transmittal hearing in August 2000; and there is an ORC from Department of Community Affairs. He stated they prepared drafts of that; they will have that available probably by the end of February, 2002; and they do intend to amend their Comprehensive Plan specifically to accommodate regional activity center developments. He noted they will have a draft for the County staff to look at.

Commissioner Higgs inquired if the City is going to amend all the Elements raised in the staff's memo, such as the Conservation Element, Transportation Element, Future Land Use Element, etc.; with Mr. Koch responding the Future Land Use and Conservation Elements will be amended; and the transportation impacts are being worked out. Commissioner Higgs inquired if Public Facilities will be amended; with Mr. Koch responding not at this time. Commissioner Higgs requested a copy of the ORC; with Mr. Koch advising they will respond to all the comments and Department of Community Affairs will review their response and Comprehensive Plan amendments and make a decision.

Commissioner Carlson inquired if their evaluation of the DRI took into consideration existing DRI's in the County; with Mr. Golgowski responding they looked at DRI's elsewhere in the County as far as traffic goes primarily. Commissioner Carlson inquired if they considered square footage of retail space; with Mr. Golgowski responding no. Commissioner Carlson stated the analysis done by the applicant and County targeted Merritt Island, Melbourne and Searstown but not the Viera DRI, which plans to do the promenade; and inquired if in review of all the information Mr. Golgowski has gotten and any reports on the impacts of that DRI, has it been okayed by the Regional Planning Council; with Mr. Golgowski responding he has not seen any reports on that, and they have not developed any reports on it either. Commissioner Carlson inquired if the only concern they have is traffic; with Mr. Golgowski responding DRI's are specifically included in the traffic analysis in addition to background growth. Commissioner Higgs stated staff drafted a report on their comments from the Transportation and Planning Offices; and she will move to send those to the staff of the East Central Florida Regional Planning Council so they have the benefit of the County's staff review and comments.

Motion by Commissioner Higgs, to authorize staff to send their comments to the staff of the East Central Florida Regional Planning Council so they have the benefit of the County's staff review, including Transportation, Public Works, Natural Resources, Planning, and others, to be included as their staff sees fit.

Chairman Scarborough inquired if County staff has not shared information with the Planning Council's staff; with Mr. Golgowski responding he has seen the draft the Board has today. Commissioner Higgs stated she wants to ensure staff has every opportunity to comment. Chairman Scarborough stated all information the County has should go to the Regional Planning Office, and all information the Region is producing should come to the County, not just a single document.

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

Commissioner O'Brien stated a comment was made about water runoff from the parking lot that would drain into the St. Johns River, which is a drinking water supply; he talked to staff about why the County cannot use retention ponds for swimming facilities; and their answer was the water quality in retention ponds is so bad they would not want them to be swimming holes. He stated the water from the project will go to the St. Johns River; Melbourne draws water from Lake Washington; and inquired if that thought process would apply. He stated a 100 acres of paved parking lot is a lot of property; Merritt Square Mall has that problem also; and inquired if the Board wants to compound the problems it already has. He stated Mr. Molitor mentioned construction and trade jobs would be created, but did not mention the contractors could be from out-of-State or out-of-County; there are no guarantees Brevard County's skilled trade workers would be hired; and he wants to know more about the projection of low-income housing demands, and where they would be. He stated there was no discussion about housing demands caused by the number of employees who will work at the project, and inquired if they will be on Friday Road, Cox Road, Townsend Road, etc., and how close in proximity would low-income housing have to be for people who want to work at the mall. Commissioner O'Brien advised he has concerns about the mitigation of wetlands outside of Brevard County; he cannot get over that there would be a plan to put mitigation in Orange County; and he hopes the St. Johns River Water Management District or whoever is going to permit the project understands Brevard County has been good in mirroring their regulations and would hate to see any wetlands in Brevard County mitigated to enhance another county's properties, and Brevard County be the loser. He stated he supports the City of Cocoa, but for any project of this size it would be inappropriate for the Board not to ask questions; people say the Board is against the project, but it is not; and it is the Board's job to ask questions of how the project will impact the quality of life in Brevard County, how is it going to impact the neighborhood, what is going to happen, and what outcomes could it possibly have, both positive and negative. He recommended staff give those kinds of details to the Board with its evaluation concerning transportation impacts, cost to the taxpayers, low-income housing demand, housing demand, is there sufficient low-income housing surrounding the project, evaluation of the wetlands mitigation, and places in Brevard County where that kind of mitigation can take place rather than outside of the County; and he will make that his motion.

Motion by Commissioner O'Brien, to direct staff to give the Board details on evaluation of transportation impacts, cost to the taxpayers, low-income housing demand, housing demand, is there sufficient low-income housing surrounding the project, evaluation of wetlands mitigation, and places in Brevard County where mitigation can take place. Commissioner Higgs seconded the motion with an amendment that the information be sent to East Central Florida Regional Planning Council; and Commissioner O'Brien added to send a copy to the City of Cocoa. Chairman Scarborough called for a vote on the motion as amended. Motion carried and ordered unanimously.

Chairman Scarborough stated it is a dynamic situation; Mr. Golgowski is going to have comments; staff can speak with the City and Mr. Golgowski; and they are fully empowered to communicate. He stated there is nothing that does not allow them to be actively involved because Mr. Golgowski told him the Planning Council does not approve or deny projects, but discusses the issues; the more the Board can direct attention to the issues, the better job it can do; and that is the intent of the Board.

Natural Resources Management Supervisor Debbie Coles advised she has additional information on what Commissioner O'Brien is requesting; and their office has gathered some information on the Brevard Crossing project as it pertains to going to the St. Johns River Water Management District Board for approval on February 12, 2002. She stated there are two permits involving Brevard Crossing; one is a conceptual approval of the project itself, and the other is approval of the mitigation proposed by the applicant; and that is on the Governing Board's Agenda for February 12, 2002, so staff has provided a synopsis of the mitigation that the applicant went over and the notice that was given to them by the St. Johns River Water Management District. She stated on that same memo is the synopsis of the St. Andrews Boulevard extension, which is also going to the St. Johns River Water Management District on February 12, 2002; and if the Board should decide to comment on that permit, it has a small window of opportunity to do that. She stated the County Attorney is aware of the projects and possibly can accommodate a formal letter should the Board decide to do that.

Chairman Scarborough stated Ms. Coles caught the Board off guard because the issue is what to do about the DRI; but she said there is a window of opportunity at the St. Johns River Water Management District on some of the issues; with Ms. Coles responding that is correct. Chairman Scarborough stated the Board has a zoning meeting Thursday night; and inquired if it would be appropriate to put together the thoughts and bring it to the Board for discussion at that meeting. He stated rather than commenting now, staff could compile something that the Board could look at prior to the meeting. Ms. Coles stated they are meeting with the County Attorney's office to craft a letter to Department of Community Affairs or East Central Florida Regional Planning Council so it could be something they could compile at the same time. Chairman Scarborough stated with the DRI at the Planning Council it has a different nature, and that is providing information their staff may or may not adopt; and if their staff does not adopt the information, the County could comment further and question their staff's wisdom in excluding or including information. He stated there is time with the Planning Council, but the St. Johns River Water Management District issue is coming up rapidly; and he does not want a letter to go out until the Commissioners and public have been heard; so in fairness to the process, it needs to be framed rather than just have a staff letter. Ms. Coles stated there is also a possibility of requesting an extension on some of the deadlines involved with the St. Johns River Water Management District permitting process, so the Board may want to think about that.

Chairman Scarborough stated Bill Kerr represents Brevard County on the St. Johns River Water Management District; and inquired if the meeting on Thursday could be started earlier. County

Attorney Scott Knox advised the public hearing portion cannot be started earlier than advertised, but the Board can call a special meeting before that if it wants to. Chairman Scarborough stated if the Board can start earlier on Thursday, he could get Bill Kerr to provide input on how to handle the issue because it is more than writing letters, it is understanding the process; and there is a different process there.

Commissioner Carlson advised February 8 is the date to submit all the information regarding the DRI to the East Central Florida Regional Planning Council staff so they can bring it to the Council on its agenda on February 27th; and inquired if Mr. Golgowski considers public comments, comments from the Board, and anything from public hearings held by the City of Cocoa; with Mr. Golgowski responding anything that occurs up to the date of February 27, they would make available. Commissioner Carlson inquired if the City had any public hearings to hear testimony regarding the development order in Cocoa, or is March 12, 2002 the date for hearings; with Mayor Parrish responding no, the Council will hear it at the first meeting in March, 2002; however, they had plenty of public meetings and neighborhood meetings, not specifically on the development order, but the project has been presented to the public a number of times. Mayor Parrish stated it was picked as the number one project in Cocoa. Commissioner Carlson inquired if March 12, 2002 the Council will have a hearing on the development order; with Mayor Parrish responding that is the time frame. Commissioner Carlson stated that information would not be going to the East Central Florida Regional Planning Council; and inquired if other information would be sent. Commissioner Higgs stated the comments from the East Central Florida Regional Planning Council would go to the City of Cocoa. Commissioner Colon requested the City of Cocoa have plenty of time to see some of the recommendations from County staff so that on Thursday it can be ready.

Chairman Scarborough inquired if the Board could meet at 5:00 p.m. on Thursday and staff work with the City staff so they have some idea of what questions the Board wants to frame, if any. Commissioner Higgs stated it is the developer's proposal that will be before the St. Johns River Water Management District, not the City of Cocoa's proposal, so staff needs to be sure the questions are framed correctly. Chairman Scarborough emphasized sharing information so the City does not come in and see the document for the first time; and requested a motion to continue the item to Thursday.

Commissioner O'Brien stated letters the Board received made statements that they estimate 22% of the $430 million of annual retail sales would come from Merritt Island, Cocoa Beach, and Cape Canaveral, and that $95 million a year would be diverted from those communities; and inquired if that economic impact is projected correctly. He stated the Board is being told conflicting things; he does not think the Fishkind report addresses that issue; and requested staff come back with a report that can substantiate the statement or not substantiate it. He stated his concern, if the numbers are true, is that they will return to empty strip malls and closed stores all over again and have entire neighborhoods look tired and old; the County spent a lot of time and money to get out of that hole since 1968; and it needs to keep trying to rise out of the ashes instead of falling back into them. APPROVAL OF

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to continue the Brevard Crossing item until February 7, 2002 at 5:00 p.m., and authorize the County Attorney to advertise a special meeting. Motion carried and ordered unanimously.

The meeting recessed at 12:39 p.m., and reconvened at 1:52 p.m.

PUBLIC HEARING, RE: ORDINANCE PERMITTING EXPANSION OF FARMERS
MARKETS TO INCLUDE SALE OF SMALL ANIMALS AND LIVESTOCK

Chairman Scarborough called for the public hearing to consider an ordinance permitting expansion of farmers markets to include sale of small animals and livestock.

Diane Davis advised they are here to discuss the request to expand the farmers market to include small animals and livestock. She stated they traveled around the State and attended auctions and feel it would increase agricultural pursuits in this area; and they were encouraged by the State and local groups and organizations that deal with raising animals to pursue this request. She stated there has been concern about dogs and cats; and suggested dogs and cats be excluded from this type of auction. She stated they feel the auctions would allow young people and people with agricultural facilities to increase their production; it would not be breeding of cats and dogs; the animals they have do not reproduce like cats and dogs; currently they sell animals off their farm, which are used mainly for companionship; and an 84-year old lady wanted a donkey as a pet, but they do not have one available. Ms. Davis stated they would see that the animals are treated in a way that is consistent with good treatment; and the activity they proposed would be an auction where they would come on Friday, auction on Friday, and leave on the same day so the animals would not be housed on the property. She stated the State would have an inspector present, as it does at all those types of auctions; and the inspector would be there the entire time to make sure each animal has food and water and a good cage or fence to protect it.

Commissioner Higgs stated she envisions if the auctions were successful, there would be a large number of people coming to a fairly large parcel of land that would cause increased traffic on a residential street; and that is the issue that concerns her. She inquired if Ms. Davis can speak to the issue of access on a County road, County-maintained road, or non-residential street; with Ms. Davis responding the only road that goes into their property is Broadway Boulevard in the Hardeeville area; it comes off U.S. 1 and is approximately three blocks long; and right now it is used for all types of access as there is industrial zoning all around her property. Ms. Davis stated for this type of auction, if they have 100 cars, that would be a really good auction; and normally there are family members in one vehicle, so there would not be a large number of vehicles; however, Broadway Boulevard can handle that type of traffic.

John Davis advised he and his wife own the property; he has a license for an auction house and they do have auctions; and when they came to the Board a year ago, it was to set a precedent that if auctions were allowed, they would be done in a professional manner. He stated they do not need a license to do what they are doing; they have a city license, County license, State occupational license, and are State-certified auctioneers; and they have a tax number. He stated they want a professional auction that they and the County can be proud of because it is an outlet that could serve Brevard County. Mr. Davis stated right now there is politics involved with the fair system that eliminated 4-H activities; for many years 4-H has been in the County with various animals that were auctioned for the children who raised them; and right now there is no outlet for those children because of the politics involved in the fair system. He stated they are backed by the 4-H and Humane Society; he knows there is concern about cruelty to animals; and what they would be doing does not involve cruelty. He stated they find homes for the animals; animals are donated to them or given to them to find homes; and only Lucy Knox, he and Mrs. Davis, and a couple of other people go through the County and more or less adopt animals to find them homes. Mr. Davis stated if the animals stay at the animal shelter more than so many days, they are put to sleep and if that is not cruelty, he does not know what is. He indicated they love their animals more than they love some of the people in their family; their animals come first; he was born and raised on a farm and lived on a farm all his life until he met Ms. Davis; and she is very involved with animals. He stated right now they have so many animals that it is like a petting zoo instead of a ranch; every day people come to the Board to move further out in the County and rezone their property to agriculture; and it is not just to rezone their property for a tax break or anything like that, but because they love animals and want to have them on their property. Mr. Davis advised the City of Melbourne's Mayor called them to get some ducks from the Melbourne Civic Center because they are overpopulated; and he and Ms. Davis found homes for them. He stated people buy baby ducks because they are cute, but as they get bigger, they do not know what to do with them, so they take them to the pond and turn them loose in the middle of the night. He stated they have been to several very successful auctions; a State inspector is there to make sure everything that is done is legitimate and every guideline is followed; there was a comment made at the last meeting about disease coming into the County; however, when animals come across the State line, they have to go through an agricultural inspection before they are allowed in. He stated at the Bit N Spur, before they can get in, they have to show papers on their animals that they were vaccinated; it is a very serious matter; and that is why people get their dogs and cats vaccinated to make sure they do not get rabies or other diseases. He stated every animal has to have food and water and be in cages; they would be liable for everything that happens at the auctions; and that is why they came to the Board to do it as professional people to make sure the County is proud of what they would do.

Mary Kofil, representing Society for the Prevention of Cruelty to Animals (SPCA) of North Brevard, advised Mr. Davis referenced the agency that would provide a State inspector; and she would like to have the assurance that he contacted that agency and has a commitment that someone will be there to see to the animals throughout the day. She stated the SPCA does not put animals to sleep after a certain number of days; they keep their animals until they find homes for them; and it is outrageous for someone to speak for the shelters in the County. She stated in December 2001, they had concerns about the definition of small animals; they have acknowledged that cats and dogs be excluded, but the SPCA also wants rodents, rabbits, and guinea pigs excluded. Ms. Kofil stated their concern is the animals that would be sold on-site would not be spayed or neutered; they spay and neuter rodents except mice because of their size; and they believe those are pets that are as valuable as cats and dogs, but there are far too many of them. She stated selling rabbits and guinea pigs at auctions would just provide many more of them out there breeding; there are far too many of those small animals now; and they have trouble finding homes for them.

Susan Canada commended the Board for the beautiful job done on the South Brevard shelter, especially the kitten room; and noted a lot of adoptions have taken place out of it. She stated she believes property owners should be able to use their property for whatever they want, but in this case, there are many problems and expenses to the taxpayers. She stated the issues need to be defined; it states small animals means cats and dogs; they worked for a long time to cut back on unwanted animals; and those animals would not be spayed or neutered. Ms. Canada stated there will be no one to inspect many of the auctions; USDA does not inspect sales; the Florida Department of Agriculture has an inspector for each sale of animals that are slaughtered, such as cattle, but not small animals such as pigs, goats, rabbits, emus, and peacocks; and due to budget cuts, they have gone from 12 to six inspectors. She stated according to one of the inspectors, they may only get to every other auction, as they do not have enough field officers; and she was told if there are any problems, Animal Services or the Humane Society would need to investigate or fine the people. She stated Animal Services cannot answer the thousands of calls they already receive let alone have an officer at the auctions; it would be costly; its budget is approximately $2.3 million a year now; and the County would need to have more officers at the auctions and for tracking, which means capturing animals set loose or that escape, especially emus and peacocks. She stated the emus may sell cheap, but their food is expensive; they have already injured officers; and they and peacocks are everywhere, from A1A to I-95, presenting traffic hazards, property damage, and nuisances. Ms. Canada stated many people will raise livestock and small animals without humane treatment just to get a quick sale at the auctions; Animal Services would need to inspect the complaints on those animals; so it will need more revenue to cover new positions. She stated no one inspects or regulates transportation of animals; it may not only be inhumane, but also a traffic hazard; and she has seen trucks with crates of chickens on the back, where some of the crates fell off the truck and created quite an accident. She stated it will not slow down development; they only need a small parcel for auctions; and land surrounding the activity can still be sold for development. She noted she has been to auctions, and some are well run, but many are not; she has seen crates so full of animals that those on the bottom were covered with urine and feces and some suffocated and were dead in the cages; and although water and food are required to be provided, many times they are not. She noted some sick animals are sold that can spread diseases; there is no one to monitor those sales right now; the State Department of Agriculture is cut in half and cannot do it; and inquired, unless the auctioneers are willing to pay for Animal Services, who will do the inspections and monitoring. Ms. Canada stated it would be unethical for the Shelters to give animals that were relinquished to be pets or humanely euthanized to the auctions for slaughter because they were not bred for that purpose. She stated the professionals who raise livestock and small animals would not be in the business if they had no means to market their animals; they do not need these auctions; the 4-H Club members she worked with before always decided who they would sell to before they bred their animals; and if they could not sell them by any other means, they always made plans and have been responsible enough to have the animals placed. She requested the Board maintain the Ordinance as it exists and eliminate selling of livestock and small animals. She recommended the Board vote for Option 1, Concept 1.

Commissioner Higgs stated there are a number of places around the State that have livestock auctions, and Brevard County will eventually have them; so it may behoove the Board to have it in the Code and have criteria established before someone comes and wants to do it. She stated the Board would be better off doing it on the front end rather than ignoring the fact that they are going to come; it needs to either say no auctions or put something in place; she is not sure it should be with farmers markets; but the Board would be remiss if it does not have a category where it will fit. She stated it may be AU or IU that could provide a place where auctions could occur; specifics on care of the animals should be put in the Code, maybe some place other than the enabling Zoning Code; but both of those need to be covered; and the Board needs to say no or yes and where it can go.

Commissioner O'Brien stated he would like to say yes; he is not a farmer or rancher, and what they do is quite different from those who live an urban lifestyle; and what may be unacceptable to some people, is normal to some of the people who deal with agricultural pursuits. He stated those animals are not pets; the Board has a responsibility to envision this activity the same way they do and be more empathetic toward ranchers and farmers and the markets they are looking at; and there is nothing wrong to do except to say no.

Commissioner Carlson inquired if the Board asked staff to talk to other locales regarding their experiences with farmers markets of this nature; with Planner Todd Corwin responding staff did some exploration in the initial report to check on how other jurisdictions through the country and State handled this issue; and in most instances it was something that was considered in an IU classification, permitted as a special use in an AU designation, or not permitted at all; and in all instances they could sell livestock from their own properties. Commissioner Carlson inquired if staff got feedback on the negative side; with Mr. Corwin responding no.

Commissioner Colon advised her concern is an inspector not being there, especially with the budget cuts at the State level; and inquired if the Board could establish a fee for auctions to pay for an inspector since the State only has six; with County Attorney Scott Knox responding if it is set up as part of the licensing program, it could be done.

Commissioner Colon stated she is not concerned about the Davises, but those who may come in the future and not have inspectors; and suggested rabbits and guinea pigs be excluded along with cats and dogs. Ms. Davis stated rabbits are considered livestock; some farmers raise rabbits and sell them for food; and rabbits are available now at almost every pet store or feed store. Ms. Davis stated guinea pigs are not considered livestock, but rabbits are; and they do not want any guinea pigs or mice, which are not a food source. Commissioner Colon stated it will not go anywhere today if they cannot come to a compromise. Ms. Davis stated people can have rabbits and not be on a farm, so a lot of people have them as pets. Commissioner Colon stated she wants to be clear of how sensitive the community is, especially the SPCA that brought the issue to the Board because of the increase of people who bring animals to them that were pets. She requested feedback about the fee for inspectors. Ms. Davis stated when she spoke to Department of Agriculture, it is required by law that the Department have an inspector at every auction; if the law has been changed, she is unaware of that; six inspectors does not mean much because there are no animal auctions on the East Coast at this time; so if they only have six, they can send one to the East Coast. Ms. Davis stated the inspectors stay at the auctions the entire time; if someone from Animal Control is sent, it would cost more than $100; they do not anticipate making a lot of money at these auctions; so that would add a financial burden that will only have to be passed on to the farmers. She noted the Board would be punishing the farmers because they will get their percentage by charging 30% instead of 10% so the farmer is caught in the middle and has to pay an extra fee, which is unfair. Commissioner Colon stated it may be unfair, but it is better than nothing. Ms. Davis stated they are not saying they will have no one, but are saying there will be an inspector there. Commissioner Colon stated if the Board puts in the ordinance that there must be an inspector, then she would not have to worry whether the State only has six and would know there would be an inspector at the auctions. Ms. Davis stated the County has Animal Control people working at night, so there should not be a problem to have someone come by at night and make a check. Commissioner Colon stated she wants someone there to monitor everything that is going on. Ms. Davis noted she would hate to see that fee passed on to the farmers. Commissioner Colon stated she agrees that the Board needs to pass something to prepare for the future, but wants to make sure all the concerns are being addressed and taken care of; there has to be some compromise on Ms. Davis' end; and so far she does not think Ms. Davis is working with her on that. Ms. Davis stated they have been here over a year trying to work with the Board.

Commissioner Higgs inquired if the County can have livestock auction houses under AU or IU and not open it up to all realms of AU parcels; and inquired if there is a downside to having just the livestock auction house as opposed to associating it with a farmers market; with Planning and Zoning Director Mel Scott responding staff identified two concepts so the Board can see sale of animals blended into the traditional farmers market, which the Code currently allows and which is for traditional sale of agricultural produce. He stated it is up to the Board whether or not it wants to blend produce sale with livestock sale, or the other concept of calling it a livestock auction house so it is more clearly labeled for that intended use. Commissioner Higgs stated an auction does not have to be associated with the traditional farmers market because it is a separate function. Mr. Scott stated that is correct; and if the Board is interested in investigating that concept as a livestock auction house, it needs to decide what scale would be acceptable, minimum lot size requirements, access to County-maintained roadway, and things of that nature. He stated if they do not have access to a County-maintained roadway, maybe the Board could consider making the use required to obtain a CUP on top of having proper zoning. Commissioner Higgs stated livestock auctions are not an outgrowth of a farmers market; they are two different functions; the criteria staff is discussing are ten acres, building setbacks, located in AU, etc.; and she is thinking IU on a County-maintained roadway with some distance from existing residences.

Commissioner Carlson inquired if staff talked to the Farm Bureau and Agricultural Extension Service about this issue to get their views; with Mr. Scott responding not at this time. Commissioner Carlson stated she would like to get their opinions on what the Board is trying to do; livestock auction can stand by itself with specific criteria; but she is not sure what they have today they can agree upon.

Chairman Scarborough stated the roadway was discussed by the LPA; the Board has focused on type of animals, zoning, etc. and perhaps has not gotten into setbacks and compatibility with neighbors; and it may be advantageous to go down each of those sequentially to see if they have a consensus because any one of those could create a problem if the Board does not have a consensus. Mr. Scott stated the proposal was reviewed by the Agriculture Agent. Commissioner Scarborough inquired what road access is required for farmers markets; with Mr. Scott responding access to a County-maintained roadway. Chairman Scarborough stated when he thinks of a market, he thinks of people coming and going on a busy road; AU tends to be in remote areas and sometimes people move to remote areas not necessarily for agricultural pursuits, but because it is a residential environment; and inquired if the Board would create a market in a remote area. He stated when the Board creates laws, it must understand that they apply to every place in the County; it may have AU property becoming a market; and inquired if that question has been defined. Mr. Scott stated the Board raised that issue at the first public hearing. Chairman Scarborough inquired where does the Board want to create the traffic of a market in Brevard County; stated it had discussions earlier on a big mall, and traffic was an issue; but here it is talking about remote areas conceivably and where those should be, and what is going to take place there.

Commissioner Carlson stated although Ms. Davis brought the issue to the Board on a much smaller scale, it could potentially be a much larger thing; the entire farm community could be part of it, and could come from all over the United States to the farm auction; so the Board needs to understand how big it can get and if that is what it wants to do. She stated it is interesting to consider the livestock auction scenario, but this item did not come to the Board from the Agricultural community at large. She stated it is important to determine if they have an interest because a true livestock auction is a major facility. Chairman Scarborough stated some of the flea markets are huge operations; and he does not know if that is moving it too far, but they need to define that element and it may not be just because of the auctions.

Commissioner O'Brien stated there are only six markets in the entire State; there are no markets on the East Coast; the six in place are not even the size of Frontenac Flea Market; and the Board is making a can of worms out of this issue when it is very simple. He stated the LPA recommendation answers most of the problems; and if something like this gets out of hand, the Board can readdress the ordinance; right now it has covered most of the bases, yet it is only for one market; and there will not be any competition because it is not a big deal. Chairman Scarborough stated once the ordinance is created, anyone can utilize it; and once they come in under the ordinance, the Board cannot close the door. Commissioner O'Brien stated the Board has revised many land use regulations and ordinances throughout the years. Chairman Scarborough stated the Board cannot adversely affect the person whose rights are vested and take away those rights without compensation.

Commissioner Higgs stated if the Board puts things into the ordinance then take them out, it will get into interesting things; and inquired if it is allowed on a minimum of ten acres in IU with setbacks of 200 feet from the property lines on a County-maintained road, would most of the Commissioners agree that would be an acceptable place to have an auction. She stated if they can agree, then the question is what other regulations would it establish in terms of the whole operation, i.e. number of inspections by a certified inspector, etc.; but first it has to decide on an acceptable place to locate it. Chairman Scarborough stated it is conceivable that something like that could be incompatible with IU; and inquired why it may not be incompatible; with Commissioner O'Brien responding because industrial uses are manufacturing, cement plant, etc.; this is about live animals at an auction that takes place once a month for two days; and it would be difficult to find IU property they can rent for two days. Commissioner O'Brien stated ranchers and farmers go to areas that are agricultural and not industrial; he likes the LPA's recommendation of a productive AU zone or an AU zone, ten acres minimum, and access to a County-maintained road; and that answers the problems. He noted there are automobile auctions on Cox Road once a week. Commissioner Higgs stated if they auction cars, it would probably be acceptable to have auctions of livestock. Mr. Corwin indicated along Cox Road is probably industrial use. Commissioner O'Brien stated there is a difference between a horse and antique furniture or a car and a heifer; farmers markets are exactly that, where farmers can go to buy good breeding stock; and the stuff they leave behind will not be motor oil. He stated it is not the kind of auction that the average person would go to; if they live on agricultural property, perhaps they may go there to buy a pony for their child, but not six head of cattle and a truck full of chickens; so it is a different kind of auction. Mr. Scott stated the Zoning Code permits livestock auction house in IU-1; when they had initial discussions with Ms. Davis, they pointed that out to her; but that does not work for her with her current holdings. Commissioner Higgs inquired about IU; with Mr. Scott responding the issue with IU is the outside activity; and IU-1 opens that up.

Chairman Scarborough advised certain areas north of Titusville may be AU, but are basically developed as residential; AU is generally interior to a County-maintained road; there could be a lot of traffic going down a road where people may complain; so he can visualize the problems. He stated the County spent months trying to find a place for a construction and demolition site; and when they did find a site where nobody lived on the road, the Temple Baptist Church and about 2,000 people showed up saying it was a terrible idea. He stated there was nobody living there, but they found the activity of hauling in construction debris down that road incompatible because some day they may put a house out there.

Commissioner O'Brien recommended staff call other counties that have farmers markets of that type and ask the staff what kind of problems they face, then the Board will know the answer. He stated he does not think it is going to be as bad as the Board is saying; the auctions would take place once a month, not every day or every week; and if other counties do not have a problem with traffic and 100,000 people showing up, Brevard County probably would not have the problem. Ms. Davis stated they spent about $1,000 notifying all the property owners around their property and nobody came to object. Mr. Davis stated there are auctions in Scottsmoor.

Commissioner Colon stated she wants to know if there is an interest to allow something like this in the community; there are a lot of things to consider with zoning and State regulations; and if there is no interest to do it, the Board is wasting the applicants' and County staff's time regarding the issue. She stated the issue has been dragged on for a long time; she wants an idea from the Board; she has a number of concerns that she wants to add to the ordinance; but she would support something like this. She stated she would like to get feedback from the Commissioners before giving it back to staff because it is not fair to prolong it if the Board is not going to do it.

Chairman Scarborough stated the ordinance impacts the entire County; the Board can walk into a super mess because the ordinance is interpreted against people; they can walk in and the only way out is to buy them out; and that takes taxpayers money to buy a right the Board had given them. He stated it needs to be careful with this issue; it is simple here, but it can open doors for things the Board may not anticipate; it may be able to be done; but it better ask itself where else could it happen, and run through scenarios of what would happen and what type of response would it get from the community.

Commissioner Colon stated she does not have a problem sending it back to staff if there was an interest on the Board to put something in place, but if it is apprehensive, then the Board should say no and not do it.

Chairman Scarborough stated rather than creating an ordinance, is there a way to do it site specific so the Board can go to Ms. Davis' property and say it is okay there; and if Mr. Smith on North Merritt Island wants to do it, staff can look at it as a different subject. Commissioner Higgs noted it could be a CUP in AU, but the Board has not been happy with CUP's. Chairman Scarborough stated he sees a lot of activity in remote areas that could cause problems. Mr. Scott stated it could be a CUP with certain conditions. He stated when the Board wanted to narrowly define an application for a parcel, it placed conditions that are unique to that property; and that has to be satisfied so there is a way to tailor it so when all the criteria are satisfied, it leaves that property and others that are similar to it which narrows the list of eligibles. Commissioner Carlson stated she does not have enough evidence that the Board needs to go down that path, and she is not supportive unless it goes back to staff to get input from neighboring counties on the pros and cons of doing it; and if they have not done that; she will not support it.

Chairman Scarborough inquired if it would not work as IU zoning for Ms. Davis because she has AU; with Ms. Davis responding that is correct. Commissioner Higgs stated part of the property is IU; with Ms. Davis responding it is, but they have in their minds where the pole barn would be more conducive. Commissioner Higgs inquired if they cannot do it on the IU property; with Ms. Davis responding they could, but it would mess up their plans. Ms. Davis noted they have 200 acres of GU, IU and AU. Commissioner Higgs indicated the majority of the Board may be thinking that IU might be where it could be done. Ms. Davis stated she would rather see it in AU because it is an AU pursuit; the huge crowds mentioned go to Ocala livestock auctions, which are huge and have fancy thoroughbreds and events; they are not talking about that kind of facility, and are talking about small animal auctions; and she does not have a problem with what Mr. Scott suggested under AU lands in that they would have to meet the criteria and the County would send an inspector out to ensure they meet the criteria of a CUP. She stated they have been to bad auctions and do not want to see those in Brevard County; so it is a good idea to check everyone out and issue CUP's if they meet the qualifications; and that can be done through staff, if she understands it correctly. Commissioner Higgs stated the CUP would have to come to the Board. Ms. Davis stated staff would make sure everything is met and make a recommendation to the Board; and as long as it does not cost them any more, since it is not a big money maker operation, she would agree to the CUP. Commissioner Higgs stated she is interested in getting the issue in a proper mode, but the Board is going nowhere fast. Commissioner Colon stated she would like to get feedback from Animal Services.

Animal Services and Enforcement Director Randy Jackson stated the State clearly defines livestock markets and what they do; his concern is whether it is going to be an auction or adoption and whether they would sell animals for food and fiber or for pets. He stated livestock auctions are normally for food and fiber, not pets; and inspectors come to livestock auctions. He stated his staff can cover anything that has to do with cruelty in the Florida Statutes, and his officers can check them out to ensure the animals are maintained properly; that is the easy part; and their concern is how is the auction going to be offered.

Commissioner Colon recommended Mr. Scott work with Mr. Jackson to have a comprehensive ordinance come back to the Board.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to continue the public hearing on an ordinance permitting expansion of farmers markets for sale of small animals and livestock until March 19, 2002; and direct staff to return with recommendations for a CUP in AU zoning classification or a permitted use with conditions. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: APPEAL OF DENIAL OF PERMIT REVISION, RE: BERT
HARRIS PROPERTY RIGHTS ACT: JOHN W. BUTTREY, BUTTREY DEVELOP-
MENT, LLC

Chairman Scarborough called for the public hearing to consider an appeal of denial of permit revision of John W. Buttrey, Buttrey Development, LLC, Bert Harris Property Rights Act. He stated it would be advisable if the County Attorney would give the Board some guidelines on the Bert Harris Property Rights Act.

County Attorney Scott Knox advised there is a procedure set forth in Chapter 62-507, which allows people who claim their property has been devalued by some action the County has taken to come before the Board and make a claim under the Bert Harris Act; the Bert Harris Act requires compensation for devalued property if it can be proven the property owner has suffered an inordinate burden; so that is defined as a substantial devaluation of property caused by regulation. He stated although this one has been framed in terms of a taking, the Bert Harris Act does not cover takings; and it covers regulatory actions that are short of a taking.

Ed Chesney, Engineer for Buttrey Development, stated he is not sure of the taking act or the Bert Harris Act, but they were told this is the only avenue available to them and that is why they are here. He stated they have a borrow pit, which was permitted several years ago; now there is an access problem; they originally had access permitted out to Cidco Road, which was a lease with an expiration date; and that lease has since expired. He stated the property was sold, so they no longer have rights to travel over it. He stated the property was landlocked and did not have access to a County road so they acquired another lease to Grissom Parkway, which is also time sensitive; they continued to use the Cidco Road access until it expired; now Buttrey Development has acquired property, which is contiguous to their property, so they do not have a need for a lease agreement over other people's property. He explained a map of the area depicting the haul roads; stated their lease expires in May of next year; and they would be back in the same situation with a landlocked property without access; and they are here to permit a legal access route to Grissom Parkway. He stated that is complicated because there are some wetland impacts involved; and identified the wetlands on the drawing. He stated the road would impact .11 acre and another .26 acre of the wetland system; that wetland system is completely surrounded with roads used for mud bogging and recreational vehicles; it is an unauthorized use that continues; and there is a road they are using to get out to Grissom Parkway, but it is considered a wetland impact. He stated he has been working with Debbie Coles for over a year on this issue; Bill Kerr and Associates were out there and did the initial evaluation; and pointed out the route chosen by Mr. Kerr. He stated it is the only route they have; they will minimize the impacts; but they need a way out and have offered the best way they know.

John Buttrey stated it is a questionable impact of damage to a quarter of an acre of wetlands, which would deny access to his property and business; there is 7/10ths of an acre of wetlands within the heart of the wetland, which has been impacted by illegal activities and trespassers which are not regulated; and they do not come to the County and ask for permission to do that. He stated he is not familiar with the Bert Harris Act, but it is a common sense issue; and that is what they are appealing to the Board, that it give them the right to have a road.

Mr. Chesney stated they are in the permitting stages with the St. Johns River Water Management District; they had the other haul road, which is half a mile; the application modification has been submitted; and the new haul road is 1,000 feet less than the original one so the impact of clearing the property is less. He stated they are putting the haul road on Mr. Buttrey's property and it does not impact anything but the fringe area of wetlands. He stated as far as the St. Johns River Water Management District is concerned, those impacts do not trip any thresholds; they are actively and constructively working with them; they have been out there and sent copies to Ms. Coles on the activity; and they expect to be permitted with them shortly.

Commissioner Carlson inquired if the roadway that comes out and dumps on Grissom Parkway is a private road; with Mr. Chesney responding it is an easement for the power lines.

Mr. Buttrey stated the man that operates the borrow pit had damage to his equipment at almost $100,000; and they are asking to impact a quarter acre of wetlands and hope the Board understands how they feel.

Chairman Scarborough requested staff provide an explanation to the Board.

Natural Resources Management Supervisor Debbie Coles advised the issue started with a phone call, which resulted in the County citing Bishop & Buttrey for access easement problems with wetland impacts; they have a notice of violation on the property to date; and the second step was to work with their consultant. Chairman Scarborough inquired what is the nature of the violation; with Ms. Coles responding several citations deal with land alteration and wetland impacts primarily. Chairman Scarborough inquired if it deals with the access; with Ms. Coles responding yes, the land alteration activities do not have applicable local permits; and the haul road is defined as part of the land alteration activity. Chairman Scarborough inquired if it is the alternate or proposed haul road; with Ms. Coles responding the proposed haul road. Chairman Scarborough inquired if that is where the violations occurred; with Ms. Coles responding yes, they were using it. She stated staff worked with the applicant and talked to his consultant to get information so they could evaluate whether or not he would meet the standards of the current Wetland Protection Ordinance; and going through those requirements, staff found the properties are not substantially surrounded by development; however, he can meet the rest of the criteria dealing with commercial uses.

Commissioner Higgs inquired how long has the property been zoned IU; with Ms. Coles responding she does not know. Mr. Buttrey stated it was zoned IU when he bought the property.

Commissioner Carlson inquired if the property is close to another County Road they can use; with Ms. Coles responding Cidco Park is the only other County-maintained road that they are near to; and that is where they had their original haul road come off of. Commissioner Carlson inquired if it is a private road; with Ms. Coles responding it was permitted with the original permit in 1996 for the borrow operation. Commissioner Carlson inquired what is the item in the bottom right-hand corner of the map near a rectangular borrow pit; with Ms. Coles responding it is the County's stormwater facility. Commissioner Carlson inquired if there is an access point there; with Ms. Coles responding there could be an easement, but she is not familiar with it. Commissioner Carlson inquired if all possible avenues for them to get to their property to preserve their rights have been exhausted; with Ms. Coles responding the alternate haul road shown in blue is something that was permitted with one of their recent permit revisions; and they have a lease on that which will expire next year. Commissioner Carlson inquired if there is a connection into County-owned property that they could use for access; with Ms. Coles responding she is not aware there is a direct connection to County-owned property; and the scenario is they would have to lease property from someone or purchase it.

Commissioner Higgs inquired if the wetlands impact falls into any of the classifications C of the Code; with Ms. Coles responding no, the Flex Code listing map says approximate wetland location and classifies the large wetland system they would be impacting as a 641, which is freshwater marsh; the ones staff is concerned with are primarily the three forested wetland systems; and there is a 643, which is a wet prairie.

Chairman Scarborough stated the map shows three ways in; and stated the Board needs to discuss the multiple ways in and out of the property. Commissioner Carlson stated if the item is the County's treatment plant, it does not seem like a big deal to connect that. Mr. Chesney stated the property does not abut the County's property; there is another parcel in between the two properties; so they would have to go over private lands to get to the County land. Commissioner Carlson stated the County has to have access to the treatment plant; and inquired who owns the rest of the access; with Mr. Chesney responding that area is a little difficult; Cidco Road is a cul-de-sac; there is a gas transmission line, which required an easement, that they would impact; and they use the gas line easement as part of the haul road, which the County must use also. Mr. Buttrey stated anything they do other than what they are proposing will have to cross private lands; they would have to negotiate a deal with the owners; and they cannot do that with those folks. County Attorney Scott Knox inquired if Mr. Buttrey's ownership extends from the borrow pit to Grissom Road; with Mr. Buttrey responding yes, but totally. He stated they own part of that in partnership with another company that uses it for access; then they have an easement that runs with their title over that; so they have good solid perpetual access over the route they are proposing.

Chairman Scarborough inquired if there are other access routes; with Public Works Director Henry Minneboo responding no, it is a landlocked parcel and always has been. Mr. Minneboo advised it was somewhat a continuation of Cidco Industrial Park; there are two defined easements; and there is a significant gap between what is considered a publicly dedicated and maintained portion. He stated the property is not contiguous nor abuts a dedicated public right-of-way; there have always been significant gaps; and some of the concerns staff has, because they indirectly work with those people, are exactly where they would come out on Grissom Parkway. Mr. Minneboo stated Grissom Parkway was not designed to have side frictions as it is experiencing today; and where the County allows access points is critical as they are trying to minimize those access points. He stated he is not saying it could not be corrected, but if the Board decides to go that way, he wants to make sure that access point will not cause a safety issue. Chairman Scarborough inquired of the blue and green lines, which is the safest; with Mr. Minneboo responding neither, both are questionable. Chairman Scarborough inquired if Mr. Minneboo prefers to have it reconfigured with the original haul road route coming back into the east safety-wise because there is a curve and he does not want to bring dump trucks out on a curve; with Mr. Minneboo responding yes. Mr. Buttrey stated there is an existing borrow pit in the curve in the lower left-hand corner of the aerial map; and it has been there for years and operated directly onto Grissom Parkway. He stated one reason they want off Cidco Road is because the road is not as strong structurally as Grissom Parkway; and they had some problems with the Public Works Department several years back, so they would prefer to go out by the green route, which is the only practical route they have. Mr. Buttrey stated it is a very long curve and not a hazard that they can see; and they are in the business and operate all over Central Florida; so he disagrees with Mr. Minneboo.

Commissioner Carlson inquired if the request is to hear the appeal of denial of a permit revision to support the denial; with Mr. Knox responding it is not a Bert Harris Act issue, it is a taking issue; it falls under the heading of whether the Board has deprived the owner of all reasonable use of the landlocked property if it does not provide an access point onto Grissom Parkway or some other road; and if that is the only way Mr. Buttrey has to get to his property, then the Board may have an issue. He stated he is not clear how Mr. Buttrey is legally getting to the property now. Chairman Scarborough stated the original haul road identified in yellow was being used, but that has ended; Mr. Buttrey has the capacity to use the alternate road for an additional year; but he would like to bring in the road identified as a green line to the south. Mr. Knox stated he thought he heard staff say Mr. Buttrey is using something other than the original haul road now. Ms. Coles stated they are coming up through the property that has been cleared towards the bottom; and there is a temporary agreement they have until they get this issued resolved. Commissioner Higgs stated they are coming out through an altered green route; with Chairman Scarborough responding that is one of the Code violations because they did not have permission to clear the land. Chairman Scarborough inquired what the County Attorney thinks the Board should do; with Mr. Knox responding it is up to the Board; if it does not think he has another viable way out of his property and this is the only way he has to go, then there is an issue.

Commissioner Colon inquired if there is no way of going around the wetland, and has staff attempted that or do they want to go that route; with Ms. Coles responding the only way around the wetlands is to go off the property they currently own.

Commissioner Carlson inquired, since it is not a Bert Harris taking, does inordinate burden apply; with Mr. Knox responding he does not think it comes into play on this item. Commissioner Carlson inquired what is the criteria for a taking; with Mr. Knox responding it is whether the Board deprived the individual the right to use his property; and if it does not provide an access, that is generally one of the grounds to find a taking.

Chairman Scarborough inquired if the County Attorney reviewed the file sufficiently that he can advise the Board whether or not it is denying Mr. Buttrey access; with Mr. Knox responding no, and he has not been briefed by staff. Chairman Scarborough stated if the Board is dealing with a legal matter, it would be prudent for the County Attorney to advise it further; Commissioners Colon and Carlson have asked about other routes; so the Board should ask staff to look into it further.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to continue the public hearing on an appeal of denial of permit revision by John W. Buttrey, Buttrey Development, LLC until March 5, 2002. Motion carried and ordered unanimously.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to stay enforcement of Code violations, and instruct staff to brief the County Attorney on the issues and look into the situation further regarding alternative routes, etc. Motion carried and ordered unanimously.

The meeting recessed at 3:18 p.m., and reconvened at 3:35 p.m.

PUBLIC HEARING, RE: RESOLUTION STATING FINDINGS OF FACT AND
CONCLUSIONS ON THE SITE PLAN APPEAL OF MIKE LANIADO

Chairman Scarborough called for the public hearing to consider a resolution setting findings of fact and conclusions on the site plan appeal of Mike Laniado.

Brian Conway, representing Flora Beach Neighbors on the matter of the Laniado Plaza, advised the Board's December decision solved the problems addressed in their appeals on the buffer wall and two signs on the frontage; however, there is new evidence to show the problems raised in their appeal of the driveway onto Harris Boulevard have not been solved; and they bring that evidence to the Board now. He stated County staff assured the Board the driveway could be reconfigured to become egress only; that was done and exit only signs were placed at the mouth of the driveway; they expected the traffic flow would be as the pink arrows indicated in Diagram 1; however, once Papa Johns opened, problems started with the driveway being used illegally for entrance. He stated the blue arrows in Diagram 2 show the traffic problems caused by three groups misusing the driveway; the first group are delivery vehicles for Papa Johns observed by a neighbor using the exit driveway for entrance to the Plaza; construction vehicles have used it for a new business that is going in; and they notified Mr. Moia who listened to their concerns thoughtfully. He stated the second group are Papa Johns customers who enter eastbound Harris, U-turn at the end of the median, and enter the exit driveway; two neighbors called the Sheriff and a deputy responded and said they did not have the manpower to police the intersection; and immediately after the deputy left, a senior citizen used the driveway. Mr. Conway stated the Manager of Papa Johns has tried to help; he made a vehicle back out and go to A1A and come in that entrance; and a car exited the driveway, turned west on eastbound Harris and nearly collided with an eastbound car on the proper lane. He stated another resident narrowly escaped injury last Friday attempting to exit the subdivision; and read Jim Fox's statement about a car skidding within inches of his car and proceeding to berate him because he was blocking the driveway. He stated it is a threat to the safety of Flora Beach residents. Mr. Conway stated group 3 are young people who cut across the median to enter the exit driveway and go to a gathering at the beach; and he has a videotape of those incidents. He stated the driveway will be used for beach and Holiday Inn event parking as well as for customers of the mall; and Traffic Engineer Thompson tried to solve it with signage originally and more signs yesterday, but last night the Manager of Papa Johns observed cars attempting to enter the exit driveway despite the signs. He stated the driveway is too close to A1A and invites southbound motorists, especially at night; he showed the photos he took last night and this morning of the traffic; and read from the Comprehensive Plan Traffic Circulation Policy, "In no case shall the access point be less than 40 feet from the right-of-way of the intersecting road."

Chairman Scarborough requested a motion to extend Mr. Conway's time.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to extend time for Mr. Conway for 30 seconds. Motion carried and ordered unanimously.

Mr. Conway stated the driveway at 21 feet from A1A is too attractive to motorists; he interviewed motorists who had illegally entered the exit driveway; some said they missed the no entrance signs; and others said they saw the signs but it was easy to enter that way. He stated the driveway is very wide; cars and semi-trailers have no problem making U-turns at the end of the median and entering the driveway; the driver of a Papa Johns semi-trailer said he could not turn sharply enough to use the exit onto Harris, but it worked well as an entrance; so there is a huge design problem creating a huge safety problem.

Laraine Scoma advised they represent 24 homes of the 50-home subdivision; Traffic Engineer Dick Thompson said the driveway was needed for large delivery vehicles and sanitation trucks, which would empty the dumpster from Papa Johns; but yesterday the sanitation truck could not use the exit due to obstruction by County vehicles of employees installing more signs. She stated now they have more signs in front of a small opening, and it is unsightly. She stated the driver of the Papa Johns tractor-trailer delivering goods was told to enter the A1A driveway and he did; then he backed down to Papa Johns and exited the A1A driveway, which he said he could manage better than exiting the sharp turn onto Harris Boulevard; so there is significant proof the driveway is not necessary. She stated the Comprehensive Plan says if two driveways are needed, the second should be an arterial or collector road; Chairman Scarborough said Harris Boulevard is clearly an access road to the subdivision; and the residents of Flora Beach feel the same way, that it is just an entrance and exit to their development. Ms. Scoma stated the solution is the closing of the second driveway, thereby creating two additional parking spaces as mapped out on Diagram 3; and it will solve the dangerous conditions that presently exist and provide extra parking spaces, which could be used for widening of the A1A driveway to 40 feet instead of the current 24 feet. She stated the appeal process they followed is in Section 62-301; Section 62-301 states, "an appeal shall stay all proceedings"; and if the Board remembered her initial comments on December 4, 2001, the driveway would not have been constructed until the appeal was heard by the Board. She stated Land Development did not go along with that and allowed the construction to continue; the driveway was constructed before they got to present their appeal; and now it exists and the exit-only solution has not been effective. She stated the additional signage will be ignored like the others that are there now; there were two big red signs that said "Do not enter" on either side of the exit only; it also said "exit only"; the Sheriff cannot provide enforcement on a full-time basis; and the offenses have just begun, as Papa Johns is the only one of the eight establishments that will be opening in the near future. She stated if the problem is nipped in the bud, as they tried to do, perhaps lives will be saved.

Commissioner Colon inquired what can be done because it is obvious someone is going to be hurt; and requested feedback from staff. She stated staff has been good about communicating with the residents; the development was 90% built before the residents presented the issues; and inquired if the County has any authority to close the driveway. Commissioner Colon inquired if people appeal a site plan, is it normal that the development does not get built when the appeal occurs. She inquired if they found out the driveway was going to be an issue after the fact then decided to appeal the site plan; with Land Development Director Bruce Moia responding when the appeal was brought into the office, the site plan had already been approved a couple of years before; on an appeal, they would not issue any additional permits; however, the permit was already issued; and it was not within their jurisdiction to stop construction. Chairman Scarborough stated he has seen the County drawn in as a defendant in various litigations with massive damages where it only marginally had any responsibility; and inquired to what extent does the County have tort liability if there is an accident; with County Attorney Scott Knox responding it would not be responsible unless it does not maintain the signs. Chairman Scarborough inquired if just maintaining the signs is sufficient; with Mr. Knox responding yes.

Assistant County Manager Peggy Busacca stated there may be another option to amend the site plan; and Mr. Thompson has been doing research on other alternatives.

Traffic Engineer Dick Thompson stated there are three options that could be considered; the first would be to extend the median nose on Harris Boulevard closer to A1A, which would make it more difficult for anyone attempting to go in the wrong way to get into that driveway. He stated the advertising sign for the shopping center is closer to the A1A driveway; and once fully constructed, it will be the target point for motorists who are driving down A1A to get the notice there is a shopping center with certain businesses, which should encourage people to go to the A1A driveway; however, he cannot guarantee people will do that. He stated extending the median will help to extend that message; one thing it will not totally correct is the U-turn at the west end of the median on Harris Boulevard, where the road splits; and he cannot guarantee it will keep someone from going the wrong way. Mr. Thompson stated another option would be extending the median nose further to the east closer to A1A, then in the median make an opening opposite the driveway so that left-turning vehicles can turn left; it will also afford an opportunity, if there are residents in the subdivision who want to visit the facility to turn right without entering A1A; and they could come out the same way across the median and go back into the subdivision. He noted it would probably eliminate the majority, if not all, the people who might have the propensity to turn onto Harris Boulevard, go to the end of the median, then come back. He stated the other option would be the closure of the driveway; and that is a very intense legal issue.

Commissioner Colon stated it is probably a vested rights issue because the development was 90% complete; however, her concern is someone getting hurt or losing his/her life. She stated the Board has gone against what it usually does with this issue; and inquired what would happen if it closed the driveway. Mr. Knox stated the Board is in a posture where it has a prepared order that implements the decisions it made a few weeks ago; so if it changes that proposal, the owner of the property has to have the opportunity to come back and address the Board. He stated if he was on the property owner's side, and had an approved site plan with an access shown, and the Board closed that access, then he would be able to come under the Bert Harris Act to take his claim. He stated the other alternative that would keep the access and still control how the traffic gets in and out is putting up a barrier to direct traffic in a different direction, but that is something that has to be discussed later.

Chairman Scarborough stated a recent issue had to do with a badly maintained manhole cover; he has to ask how much responsibility does the County have; the evidence presented today is in the public record and this has been fully discussed; and somebody is going to have a field day when an accident occurs, because the Board might have known about it. Mr. Knox stated they would probably sue the County but he does not see the County being responsible. Chairman Scarborough inquired about the property owner's responsibility; with Mr. Knox responding they would sue the property owner also. Chairman Scarborough inquired if Mr. Knox thinks the property owner may be interested in removing that level of liability; with Mr. Knox responding he would be if he was the owner. Chairman Scarborough inquired if it would be prudent for the Board to act on this item and the County Attorney ask whether the owner, in the matter of limiting potential liability, is interested in closing that driveway. Mr. Knox stated the prudent course today would be to continue this item and get the property owner back so the Board can discuss it with him. Chairman Scarborough stated Mr. Knox could write to the property owner and say under the circumstances would he like to talk to his attorney about the potential risks; with Mr. Knox responding he can do that also, but it is not going to eliminate the problem immediately.

Commissioner Higgs inquired what is the downside in extending the median out further; with Mr. Thompson responding there is no downside to it; staff looked at it as maneuvering vehicles in and out of the subdivision as well as coming out of the driveway; and they feel they can maneuver the driveway, the roadway, and intersection satisfactorily. Mr. Moia stated not doing a median cut and just extending the median nose to the east will not eliminate the potential for U-turn movements at the west end of the median; with Commissioner Higgs responding she understands that, but in terms of people having head-on collisions, the extension of the median seems to be a reasonable thing to do.

Commissioner Carlson inquired if there were any discussions about doing a median cut, and was there a problem doing a median cut, because there is not much to the median, which is just a little grass strip. She inquired if the nose of the median is extended and the median cut done to reduce the U-turns, will the County face potential legal challenge, and what is its best suit to eliminate any possible liability. Mr. Moia stated it would be possible to do the median cut; their conversations with the residents who have a maintenance easement over the median and maintain the landscaping and other improvements in that median indicated they were not desirous of having the median affected; but knowing if there is no cut what the access is going to be, maybe they would be interested.

Commissioner Higgs inquired what would happen to the bikepath and sidewalk; with Mr. Thompson responding they would extend it up to about six feet from SR A1A and make an opening in the median for the bikepath or pedway. Commissioner Higgs inquired if staff can act on that or do they need a motion; with Mr. Thompson responding he can do that. Chairman Scarborough stated that is not a part of the issue and is a separate matter.

Commissioner Carlson stated the question is does the Board need to act on what is in front of it from the County Attorney, which is a resolution; with Mr. Knox responding if the Board adopts the Resolution, what it is saying is it has egress only from that location and that is all.

Commissioner Carlson inquired if that means the County cannot put in a median cut; with Mr. Knox responding there is nothing that says the County cannot put in the median cut and provide a way in; but as it stands right now, the order says egress only.

Commissioner Higgs suggested staff move forward on the extension of the median nose and see if it solves the problem. Chairman Scarborough inquired if the Board does this, and other opportunities appear, can it come back and amend it and notice everybody; with Mr. Knox responding yes. Chairman Scarborough stated that would be prudent.

Motion by Commissioner Colon, seconded by Commissioner Higgs, to authorize staff to extend the nose of the median on Harris Boulevard closer to SR A1A; and authorize the County Attorney to send a letter to the owner of the property advising of potential liabilities relating to the driveway at Papa John's Pizza area designated for egress only but being used for ingress also, and inquire if he is willing to work with the County to resolve the problem. Motion carried and ordered unanimously.

DISCUSSION, RE: LEGISLATIVE INTENT OF DRAFT ORDINANCE RELATING TO
NON-NATIVE, NOXIOUS, INVASIVE PLANTS

Assistant County Manager Stephen Peffer advised most people are familiar with Brazilian peppers, Australian pine, and Melaleuca because those are the most commonly known plants associated with the term invasive; and he will refer to them as invasive plants, but they are all the characteristics found to be damaging. He stated staff is asking the Board for clarification of legislative intent of two previous Board actions dealing with non-native, noxious, invasive plants; and the first action occurred in August 2001, when there was discussion about how harmful those plants are and the great dangers they pose to the environment. He stated the Board directed two things; it asked staff to come back with an amendment to the landscaping and land clearing Ordinances, which would specifically address dealing with those plants at the time properties are cleared for development; when a property requires a permit to clear vegetation, staff felt it might be appropriate at that time to assure, if there were other invasive plants on that property, they be removed at the same time; and the Board asked staff to come back with legislative language for that. He stated on that same day, as they discussed this issue in a broader sense, the Board asked staff to come back with a draft ordinance that would deal with the invasive plants in a broader way; they have done that and are prepared to bring a draft ordinance to the Board today; however, at the last meeting, the Board made a change to County Policy and Board Policy in which it asked for assurance of an alignment of legislative intent; so rather than actually bring back draft language today, staff is asking for further clarification from the Board as to what it would like to see in the legislation it requested earlier. Mr. Peffer advised there were two actions, so staff has drafted more or less two legislative intents; they are on the second page of the Agenda Report; and he will reference those to assure the public has the opportunity to speak on them. He stated the first one staff feels the Board asked for was legislation, which would simply require the removal of non-native, noxious, invasive plants when land clearing activities occur at the time of development; however, on the other ordinance which is the broader perspective, staff drafted language that says, "The legislative intent for that would be to require the removal of all targeted, invasive, noxious plants in Brevard County, but designate a list of targeted plants and title them non-native, noxious plants; prohibit the importation, transportation, sale, propagation, and planting of non-native, noxious, invasive plants; require the removal of all the invasive plants at the time of development; prohibit the growth of any invasive plants on any lot or parcel; establish standards for the removal of invasive plants to protect native plants and natural resources; provide for a phased approach for implementation; provide for enforcement; and establish that fines shall be placed in the trust fund to be used for environmental restoration." Mr. Peffer stated even with that language, staff tried to take an intent and give the Board further ideas of what such an ordinance would entail. He stated further on in the Agenda Report, there are many options on how that could be implemented; and as the Board goes through additional discussion on this item, he would be happy to go through those or handle them however the Board wishes. He stated the fundamental thing is that in August, 2001, all agreed to why this is necessary; however, as staff drafts an ordinance, they need to know additional things, such as where it will apply, what properties the Board would like to have affected, when it should take effect, does the Board wish it phased or occur all at once, how it would be enforced, how they would educate the public, and who will be involved in doing that; so there are many questions to address as they try to clarify the legislative intent.

Natural Resources Management Director Chris White advised staff has a map and additional information that would frame the problem; and distributed those to the Commissioners.

Charles Moehle, President of Modern, Inc., advised Modern, Inc. owns directly or manages approximately 5,000 acres of property in Brevard County, ranging from one end of the County to the other, and for all types of land uses, zoning classifications, and Future Land Use Map classifications. He stated he does not disagree with removal of some of the invasive plants that are harmful to everybody, notably about five primary ones; and his concern is there should be a concentration on the important ones such as Brazilian pepper, Melaleuca, hyacinths, and hydrilla, because those cause a massive problem in the County. He stated it will be expensive and take several years to remove, so there should be a program; and Option 3 and Action 1 are preferable. He stated Brazilian pepper is the most invasive and fastest growing plant; it takes over disturbed lands; most of the disturbed lands are in public ownership, including the County, Water Management Districts, some cities, and Fish and Wildlife Service; and they have not done a good job, and in some instances no job, in removing those plants. Mr. Moehle stated they have property that borders public lands; the agricultural community does not want those plants, but does not have money to take them all out at one time; they manage and try to deal with them; but those trees grow on their borders and the seeds are carried by the wind, so they have massive seeds that blow onto their properties. He stated the Florida Department of Transportation has most of the invasive plants on its properties; the County property, conservation areas of the Fish and Wildlife Service, and the St. Johns River Water Management District have a lot of invasive plants on their properties; and if they take care of those first and develop a program, they will develop experience on how to do it and establish a cost. He stated before the County gets into the plant police business with Code Enforcement and place an inordinate burden on a number of people, it should require all public lands be cleared of noxious, invasive plants that are the five or ten highest priority species, in such a manner that they cannot regenerate. Mr. Moehle suggested offering incentives to private landowners to remove those plants by not requiring clearing permits and issuing exceptions upon request, and giving landscaping credits that can be banked and used in the future when property is developed; and that could be a way to get landowners to do it now even though they are not going to use the property immediately. He stated the Board should get rid of those plants as fast as possible without being an inordinate burden on anybody.

B. B. Nelson, President of Citizens for Constitutional Property Rights, stated if the proposed ordinance is passed, it would be an invasion of private property rights. He stated there are 41 plants listed to get rid of; since government owns 65 to 70% of all the lands in Brevard County, the County should demonstrate what it wants the public to do, and correct its own problems first instead of putting in a law and forcing people to do something as the ordinance would do if passed. He stated he does not object to Florida holly and planted it in his backyard in 1957; his children played in it all their lives; it makes a good buffer; and it could be an ideal buffer for the center of I-95 and all the interstates because it would not require much maintenance. He stated it would prevent cars from crossing over to the oncoming traffic and could absorb high-speed traffic without causing major injuries; however, he does not think that would happen because too many people do not like that plant and it creates allergies for some people, but it did not bother him or his children. He stated from the list of 41 plants, there are some he likes; and inquired if the County is going to tell him to remove all the plants the Board and its staff do not like. He suggested the Board restrict the list to a smaller number of plants, demonstrate on its properties what it wants the people to do, see how much it costs, and correct its own problems first.

Chairman Scarborough stated the list he received has 25 plants, but he does not see the Florida holly on it; with Mr. White responding the Florida holly is another name for Brazilian pepper. Mr. Peffer advised in the Agenda Report is the list of plants proposed to be considered; and those are the 25 Chairman Scarborough referred to.

Robert Seyfarth of Suntree advised he spent two hours working at the Zoo removing Brazilian pepper trees today; he started a year ago for something to do and for exercise; and he was invited to remove the peppers from the Zoo property. He stated he worked last year and this year; the areas he cleared last year have no Brazilian peppers now; he cleared around all the exhibits and is now working on the fringe areas; and he goes alone with his shears, saw, and chemical to spray the stumps, which completely wipes out the pepper trees. He stated he hates the thought of those trees around the perimeter of the Zoo generating seeds that the birds can spread in the areas he already cleared. Mr. Seyfarth stated people laugh at him and say it is an exercise in futility, but somebody said every little bit helps; and that is the attitude he has. He stated he enjoys doing it; the Zoo is a unique piece of property where the wildlife is set in native Florida areas like their natural habitats; and because of that wonderful treasure, he has gotten a tremendous amount of satisfaction from clearing those trees. He stated it is not a big deal to do it; there is no need for bull dozers or expensive equipment; and with his two tools, he cleared about ten acres of peppers by going to the Zoo a couple hours a day, a few days a week. Mr. Seyfarth advised the perimeter of the site of the Viera Library has been left intact and is solid Brazilian peppers; and he does not know if they plan to take those out in the final landscaping or not, but they cannot have it both ways.

Mary Sphar of Cocoa advised invasive non-native plants adversely affect natural areas and detract from the beauty of Brevard County; and she would recommend Option 4, develop an ordinance requiring removal of Brevard County targeted, invasive, non-native plants on public and private lands, with Action 2, draft an ordinance for removal of all targeted, invasive, noxious plants. She stated under Action 2, the Board may want to consider exceptions for properties with existing NNIP removal programs that are working properly, subject to approval by the County; and requested the Board not exempt small lots. She stated she has owned a house on Merritt Island for 30 years and it is in a subdivision where the lots are a sixth of an acre; the tree row was planted with Melaleucas in the 1960's, and some are still around; in the back of her house is a Brazilian pepper tree with branches hanging over her fence; she would like to get rid of that tree; and most small lot owners would want an ordinance that covers their lots as well as the larger lots. Ms. Sphar stated on the potential implementation schedule, she would suggest a phased approach starting with properties near conservation areas and significant environmental areas, waterways, and shorelines, and eventually all areas of the County; and under the potential assistance programs, she would suggest mangrove plantings along the Indian River Lagoon shoreline and partnering with the Marine Resources Council to achieve that goal. She stated some type of assistance for property owners who are unable to remove noxious plants should be given, otherwise the ordinance will not work. She advised the options for Action 2 should include municipalities in the ordinance; getting rid of invasive plants is a positive goal for Brevard County; and the County should make every effort to achieve that goal even though it will not be easy. She stated the results would be so beneficial; and requested the Board support an ordinance providing for removal of all targeted, invasive, noxious plants.

Jim Egan, Executive Director of Marine Resources Council (MRC), advised the Council has had a pepper-busting program for almost a decade; they work primarily on County-owned lands and the County assists in removing the materials on the site, but most of the work is done by the MRC using volunteers or people power. He stated the idea is positive; it is possible to tackle a large-scale activity and not necessarily cause an undue hardship on the homeowners; and there is a version of Action 2 that could be done in such a way as to not take the whole thing at once. He stated anybody who thinks it can be done in any other way but a phased approach is insane; they would need a space-age degree of funding to try and remove all the invasive species in a short time; but in terms of a phased approach, if they had a time of sale and specific zones, a category of the second choice under potential implementation schedules, implement in phases beginning with areas close to conservation areas and significant environmental areas, waterways, etc., they could combine that with an incentive program. He stated the County could establish areas of significant concern; Florida Department of Transportation is working along I-95; Department of Environmental Protection monies are available to do conservation areas, which are currently underway in the vicinity of the Archie Carr; and if the County puts a zone around those areas it is targeting, it could say to the property owners they have five years to remove the Brazilian peppers from their properties, but if they do it in the next two years, the County would make it not arduous in terms of the activity. Mr. Egan stated the MRC would like to make that possible; right now in the vicinity of the Archie Carr, Brevard County homeowners are having their Brazilian peppers removed for free through a partnership between Brevard County and MRC as well as State grant funding. He stated they also have federal funding to do the same thing; they are removing Brazilian peppers from private lands for free through federal funding as well; but they will only bite off as much as they can chew and would not say they are going to arbitrarily take all of Merritt Island and run into a problem. He stated they would be strategic about it and would have an ordinance in place that would give them the ability to create those areas of special concern; and in creating them, they would only create an area of special concern that they could effectively address or provide the resources so the homeowners are not given an inordinate burden. He stated big landowners may be scared of the idea of removal at time of sale, but there are techniques in which those trees can be sprayed and left standing dead; and they do not have to do intensive programs; so they would like to see something along the lines of the second item done with the understanding they would not want to take on an approach that was not practical. He stated they are looking for within those options things that are doable in terms of the real world and not imaginary; and urged the Board to consider moving forward with the second action with the idea of assisting landowners so they are not asking them to have an inordinate burden in terms of removing invasive species. He stated it will be an expensive process in the long run, but if it is taken on in a phased approach, it will end up saving money. Mr. Egan stated it already costs the agricultural community about $2.8 million in terms of lost productivity because of invasive species; if the Florida holly burns, it could kill people; and if the toxins in those leaves get in the lungs, it will cause a rash similar to poison ivy, and could be fatal; so the Board needs to protect the human health as well as the eco-system.

Dolores Kane stated she likes Option 1 because the County should do what it can do; and she is concerned about having an inordinate burden for absentee owners and fines to pay for the clean-up, which would give a lot of motivation for fining people. She stated people who have property that will cost them a lot to take the trees out is prohibitive; something should be done to encourage people to have the plants removed; and suggested a land bank credit for when they do develop. She stated she is curious about the list of Florida Exotic Pest Plants; she has Asparagus fern and Surinam cherry on her property, which are not on the short list but are on the long list; and she wonders how they got the mother-in-law's tongue, camphor tree, guava, and mimosa, which are not poisonous, allergens, or invasive. She suggested the County take five or six of the most invasive species, see what it can do, and encourage private property owners to remove those, but not place a burden on them because some people cannot handle it.

Chairman Scarborough stated there are all kinds of plant books with specific information on plants; and he asked staff to provide that information to the Board so they would know more. He stated even the 25 species fall into different categories and classifications by different groups.

Commissioner Carlson inquired what does "prohibited by Department of Environmental Protection" mean; with Mr. White responding they cannot be transported or sold. Commissioner Carlson inquired if they are covered by the State; with Mr. White responding yes, and the staff's action is a reiteration of the State requirement.

Commissioner Colon inquired if there is an Ordinance in place that would require developers to get rid of the trees when they come in for permits; with Mr. White responding not that he is aware of. Commissioner Colon stated she was interested in having an ordinance that would encourage developers to get rid of those plants when they get ready to develop, but she is not comfortable creating an ordinance that is not practical. She stated it is hard for some folks to keep their grass cut; there are Code Enforcement issues about that; an ordinance like this would require more Code Enforcement officers to give out more fines; and it can take on a life of its own, so she wants the Board to be careful. She stated she has a small lot and it was a huge task to get rid of the Brazilian pepper trees; they had to rent equipment to do it; so she is not comfortable doing something that is not realistic. Commissioner Colon stated there are a lot of people who do not live in the area but own property; and inquired what would happen with those lots, will the County send out notices, who will pay for it, and how expensive is it going to be. She stated the Board needs to be careful with what it is trying to do; no one likes pepper trees because they are a nuisance and dangerous; but absentee owners and Code Enforcement are her concerns. She suggested incentives and different organizations working on it on a voluntary basis; and stated she cannot see the municipalities supporting this program because of the expense. She stated the Board needs to be careful; with all the budget cuts, she does not want to allocate money to get rid of pepper trees; the County is doing it on its properties; and she wants an estimate of how much that would cost for all the public parks and County properties.

Mr. White advised this is a two-part Agenda Item; the first is a request for clarification of the Board's intent regarding the changes it asked for to the landscaping and land clearing Ordinance; and that was to remove exotics at the time of development; and the second issue is development of a full ordinance.

Commissioner Higgs stated the Board made a statement that it wanted all County lands that are not in a specific use maintained for the purpose of preserving native species; and she hopes that Board action is being implemented. She stated if it is not being done, the Board needs a reason why it is not being done and the cost to implement it. She stated speakers who said the County needs to demonstrate by action are correct; the Board should be doing that, which she assumes is being done; and the Board's discussion on where to go with the ordinance started with removal at the time of development of non-native species; so today the Board should direct staff to develop that separate from any other landscaping changes that may be coming to implement that change. Commissioner Higgs stated if the Board needs to specify what particular plants it wants to see removed, it needs to do that; it should target the worst offenders if it wants to narrow the list down to one or two, such as the Brazilian pepper, Melaleuca, and air potato vine. She recommended targeting five species and get it at the time of development to get the ordinance underway, and that it be done in such a way that the municipalities may choose to opt in if they want to and not be required to do so. She noted it would be a doable deal and target specific plant species; and it was close to unanimous support to do it that way.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to direct staff to prepare an ordinance providing for removal of non-native, noxious, invasive plants at the time of development, whether single-family subdivision or commercial, and provide for municipalities to opt out if they want to. Motion carried and ordered unanimously.

Commissioner Higgs recommended the Board make it clear to staff which species it wants to target. Chairman Scarborough stated he wants to see additional descriptions of plant species from plant books and have an opportunity for people to comment on them; guava is a problem, but they can go to Rockledge Gardens and buy guava plants; so the Board needs to get into the specific plants, because if people do not see the problem, they are not going to accept the ordinance. Commissioner Higgs stated most people understand the problems with Brazilian peppers, Melaleucas, and old world climbing ferns. Chairman Scarborough stated even with those, it would be advantageous to get a full description of the plant, which deals with why people determined it is a problem; so if someone calls his office and ask why the plant is not good, he would be able to tell that person. Mr. White stated they can provide that information. Chairman Scarborough stated the Board can come back and do the list when it has the information. Mr. Peffer stated they will bring back staff's recommendation of the highest priorities with explanations and the full list as well. Commissioner Carlson suggested a target of five and why. Chairman Scarborough stated it would take a great deal of effort to go through a plant book and go to the agricultural center that has information printed and provide to Commissioners on all 25 plant species because in discussion, the Board may want to have people comment and those comments may come up. Commissioner Higgs stated her suggestion is to get it done, then get educated on the plants and maybe go beyond that.

Chairman Scarborough stated there were a couple of other things that came up and that is certain public lands; and it would be advantageous to have staff come back to the Board and advise if there are certain properties that are going to need special efforts. He stated if the County bought property with EEL's funds that have plants which would harm the plants the property was purchased for, it would not want that to continue; and maybe the Board needs to go through prioritization of where it wants to go with public lands, like taking certain species and moving them into priority status. He stated the Board needs to take the public lands and have prioritization of them; and since it cannot do everything, it should start with a list of where to begin.

Mr. White advised the current Board Policy is that non-conservation lands would be maintained in their natural state, which would include removal of exotics. Chairman Scarborough stated he understands that, but there is a gap in what it wants to do and what it can buy; and the Board may need to address it in a practical sense and set out a schedule to accomplish certain areas this year and other areas next year, etc.

Mr. Peffer requested clarification of whether the Board will be looking at trying to do the entire property or just the area that is subject to land clearing permit for properties coming in for development; with Chairman Scarborough responding the Board needs to address that as part of public discussion because there could be a lot of issues there. Mr. Peffer stated staff will advertise it in a broader sense that may be narrowed at the time of the public hearing.

Commissioner Carlson stated the motion was to do Action 1, develop an ordinance for targeted invasive species specified in the ordinance to be removed at the time of development; it also says draft an ordinance for removal of all targeted invasive noxious plants, which she does not think was part of the motion; and inquired if the Board can identify and make sure Option 3 is being carried out or does it need another motion to amend the current landscaping ordinance and implement an invasive non-native plant control program on County-managed public lands. Commissioner Higgs stated the Board has a policy for that. Mr. Peffer stated the Board expressed its desire to do that, but it is an unfunded mandate; and they have not been able to implement it to the extent the Board would wish.

Chairman Scarborough stated that is why the Board needs to prioritize what it thinks it needs, just like starting with certain species, it needs to start with certain properties with a matrix of what the values are, and go to the ones that are most valuable and get rid of those plants. He stated the Board cannot say it wants staff to do it and not give them the money to do it. Commissioner Higgs stated it would not require a Code change; with County Manager Tom Jenkins advising that is a Board Policy; of all the properties, EEL's is best managed and aggressive, and is further along than the rest. Mr. Jenkins stated the parks, Public Works, etc., because of limited funding, asked Natural Resources to develop a best practices to distribute to Public Works, Fire Rescue, and anybody else who owns property, so they could try to incorporate that, to the extent resources are available, in their normal management of the properties. He stated the first step is to get a best practices to be used by other Departments that do not have that level of expertise, then see if they can work on making improvements on phased approaches. Chairman Scarborough stated some of those things are going to be of a magnitude that Departments, such as public libraries, may not be capable of handling them; and the Board has to give the staff more than that if it wants staff to give it something in return. Commissioner Higgs stated she is ready to go further with removal of non-native plants, but wants to accomplish this within minimum time and make it clear to the public what the Board is doing, then she is ready to consider other things.

Commissioner Carlson stated this is the first legislative intent, and staff did a good job providing options and action items. She requested Mr. Jenkins add to Policy BCC-45 on amending ordinances to list not only a definition concerning land development but develop a definition section that makes it clear that the statement of legislative intent applies to all new ordinances and major revisions and bring it back to the Board so it is real clear.

PERSONAL APPEARANCE - MALCOLM KIRSCHENBAUM, RE: WAIVER OF BUFFER
FOR CYPRESS WOODS, PHASES II THROUGH IV

Richard E. Beyer, Jr., representing Malcolm Kirschenbaum, advised they are partners on this project, which began in 1989. He stated they are finished with Phase I, and engineering plans are 90% done for Phases II through IV. He advised his original partner passed away and his family requested he find another partner to finish the project; and in the process of doing that, he found Mr. Kirschenbaum. He stated he kept the St. Johns River Water Management District permit active; they have reached the final stages of satisfying the Water Management District; and now it is a matter of the Board's approval. Mr. Beyer advised they did not realize there was an Ordinance for a buffer and found out after the fact; and requested the Board consider vesting Cypress Woods based on longevity, preapplication in April 1990, and the ongoing permit with the St. Johns River Water Management District. He explained drawings of the proposed development, depicting Phase I, Grissom Parkway, Ranch Road, and Orlando Utilities' easement to the north, noting the easement will never be a subdivided piece of property.

Chairman Scarborough inquired how wide is the utility easement; with Mr. Beyer responding probably over 1,000 feet. Chairman Scarborough inquired if it is for high-powered lines. Land Development Director Bruce Moia stated he does not believe it is 1,000 feet, and is probably 100 feet wide. Mr. Beyer stated he has an aerial and it is larger than 100 feet; and Orlando Utilities owns property well past Kings Highway. Chairman Scarborough stated it is not a normal utility easement in a backyard; it is a major transmission line easement from the power plant to users to the west. Mr. Beyer stated it runs from the plant on the river to Orlando, so it is at least 100 feet.

Mr. Beyer stated on the south side of the property is Ranch Road, which is a County-maintained right-of-way; along Ranch Road is a major drainage ditch or canal that runs from Port St. John under I-95 to the St. Johns River; and their south property line actually falls in the center of the drainage canal, which is where the property line of Phase 1 fell. He stated on the west end of the property there are wetlands, which they would not pick up and do not think anyone would develop because the St. Johns River Water Management District has already put its fingers on that. He stated because of the need to maintain the drainage canal, staff suggested they provide a 15-foot utility easement instead of a buffer, so the homeowners cannot do any construction in that area; and they will accommodate anything they can. He noted at this stage of the game, the property to the north has no impact and there is no impact to the west that would justify a buffer.

Chairman Scarborough stated when the Board proceeded with the 15-foot buffer, it had people in the Suntree community who raised the issue because of a residential area abutting a residential area; but he does not think it was the Board's intent to have a buffer from a road or utility easement. He stated Mary Tees and Maureen Rupe wrote a letter not to approve the waiver; however, if the buffer is put next to the road, it will not allow road development; they are saying the road may be a significant element of developing an alternate route to the west; and inquired if the buffer is really needed. He stated there is a potential for a high school in that area; the Board's intentions regarding the 15-foot buffer need to be re-analyzed to determine whether it was intended to buffer from major utilities and roads; and Ms. Tees said the buffer is not what they are interested in, but they want the capacity to have the road next to the buffer. He stated the buffer could be a detriment, because once it is created, nothing can be done in the buffer. Mr. Moia indicated he believes the Board's intent was to buffer development from development.

Commissioner Colon stated the letter from the folks in Port St. John says, "This was previously discussed by County Commissioners at the time Phases II and III were approved. The paving of Ranch Road was part of that approval. Waiving the 15-foot buffer will remove the natural vegetative buffer for the current residents of the south side of Ranch Road. This action will effectually destroy the lifestyle of the area residents. These residents were assured by previous County Commissioners' actions that their lifestyle would not be disturbed by the development of Cypress Woods." She noted she was just looking at the history.

Chairman Scarborough stated when he discussed it with Mary Tees, she seemed more concerned about the viability of a road than the buffer; and if they are going to sell a home there, they want to make sure the homeowner buys a lot by not having it so much on a road; but that is internal to the value of the lot as opposed to protecting the property that may be abutting where they have a deterioration value because what is going in next door is not really good quality. Commissioner Carlson stated she has copy of the Minutes and tried to progress through the four or five times it came before the Board; the intention has been to try and keep subdivision development in terms of the problems it creates with dust, etc. down to basically a non-issue for neighboring communities; and the 15-foot buffer was an attempt to keep that down. She stated it may or may not do the trick, but it was the Board's attempt to try and find some solution for the folks who were having problems throughout the Suntree community. Chairman Scarborough stated the residents were told the Board would come back and look at it further and have an opportunity to get into the merits of it. County Manager Tom Jenkins advised staff will be bringing the land clearing ordinance back; and that might be an alternative to the buffer. He stated the Board authorized staff to advertise the ordinance for a public hearing; and it is going through the LPA process now. Commissioner Carlson stated she questioned whether the 15-foot buffer should be an ordinance by itself and why it was not included in the land clearing Ordinance; and that is what should be coming back. Chairman Scarborough stated with this item, he is of the opinion the 15-foot buffer should not apply to a major utility easement or a road; but the Board needs to maintain the viability of the road. Commissioner Higgs inquired if the developer is giving the County an easement; with Chairman Scarborough responding they are going to give the County the right to build a road on the 15 feet where the ditch is.

Mr. Beyer advised the property line runs from the center of the ditch on both sides; half of the ditch belongs to the right-of-way and the other half is the property line; and what they proposed is a 15-foot easement across the back of all the lots that will border Ranch Road.

Public Works Director Henry Minneboo recommended it be a fee simple title rather than an easement because they would not be able to build a road in the easement. Mr. Beyer inquired if it would be a separate piece of deeded land; with Chairman Scarborough responding it would be a strip that would allow the County to widen the road extension. Mr. Beyer indicated it would be doable. Mr. Minneboo advised some concerns have been expressed that if the County gets fee simple title, they would not be able to build on those lots; but he does not think the County can accept an easement because it is not easy to build in.

Chairman Scarborough recommended tabling the item to allow staff and the developer to work out the road issue. He stated he wants to be assured they can build a road; if they gave the County an easement, they could not do anything on that easement, so basically they are giving up the right to use it; and it will facilitate the quality of their development if the road is built right. County Attorney Scott Knox indicated it would probably require review of some Ordinances, so it is a good idea to table the item.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to table request to waive the 15-foot buffer requirement for Cypress Woods, Phases II through IV, to allow staff and the developer to work out the road issue and bring it back to the Board. Motion carried and ordered unanimously.

REVISED POLICY BCC-80, RE: TRAFFIC CONTROL REGULATION ON PARKING

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve revised Policy BCC-80, Traffic Control Regulations, Section III, Part A, Parking Regulations and Restrictions. Motion carried and ordered unanimously. (See page for Policy BCC-80.)

PERSONAL APPEARANCE - DESIREE M. WEBBER, A NEW LEASH ON LIFE, RE:
WAIVER OF APPLICATION FEE FOR REZONING

Planning and Zoning Director Mel Scott advised this is a request for a fee waiver to apply for BU-2 zoning classification; the recently adopted Fee Waiver Policy does allow for consideration of the waiver request; and it is at the Board's discretion.

Chairman Scarborough advised he was told there could be some discussion when the item comes up for consideration; with Mr. Scott responding the property has a pending Code Enforcement action that is pending resolution for the need to be rezoned. Chairman Scarborough inquired who may have concerns that may come forward; with Mr. Scott responding he would anticipate concerns would come from the Suntree community, which has its closest resident about 350 feet to the west of the property. Chairman Scarborough advised the Board could waive the fee conditioned upon the approval of BU-2; with Commissioner Carlson responding she would agree to that. Commissioner O'Brien stated if it is not approved, they would have to pay the fee; and that is like saying because you lose, you have to pay, but if you win, you do not have to pay. Commissioner O'Brien stated the Board should waive it completely or not waive it at all.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to waive the rezoning application fee for Desiree M. Webber, representing A New Leash on Life, to apply for BU-2 zoning classification, based on the condition that the rezoning is approved.

Chairman Scarborough inquired if they pay and get a refund or pay if they do not get approval. He stated they should pay first and get a refund, otherwise the County will be in the collection business. County Manager Tom Jenkins suggested waiving the fee whether they win or lose or not waive the fee at all.

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to waive the rezoning application fee for Desiree M. Webber, representing A New Leash on Life, to apply for BU-2 zoning classification.

Chairman Scarborough stated he cannot support it because there is potential controversy and it would not look proper. He called for a vote on the motion. Motion did not carry; Commissioners O'Brien and Colon voted aye; and Commissioners Scarborough, Higgs, and Carlson voted nay.

Motion by Commissioner Colon, to waive the rezoning application fee for Desiree M. Webber, representing A New Leash on Life, to apply for BU-2 zoning classification, based on the condition the rezoning is approved.

Desiree Webber with A New Leash on Life, advised they are asking for the waiver because they are a not-for-profit animal rescue group; they are trying to rezoning the property to allow their group on the property that is currently zoned GU; and the amount of money involved significantly impacts their ability to help save animals in the County, She stated that is why they asked for a policy to be developed and have the fees waived.

Commissioner Carlson stated she does not know if Ms. Webber heard from the folks who live around the property, but the area off Waelti Drive has been an area of discussion at several Board meetings in the past; so she would be hesitant waiving anything until the Board at least got to the zoning meeting to find out what folks are thinking and what the issues are. She stated there is nothing lost if Ms. Webber cuts a check for $1,100 to do it, and the County returns it to her if the rezoning is approved. Ms. Webber inquired if the County is going to hold the check; with Commissioner Carlson responding it can do that. Commissioner Colon stated the Board denied waiving the entire fee; and the Policy is not to waive fees.

County Manager Tom Jenkins advised because the item has the potential of being controversial with the surrounding neighbors, the Board is reluctant to waive the fee should the entire neighborhood come out in opposition; and if the neighborhood does not come out in opposition and the rezoning is approved, the Board is willing to waive the fee. He stated if the rezoning is denied and the neighbors object strenuously, and the Board votes no for the rezoning, then Ms. Webber will pay the fee. Ms. Webber thank the Board for its consideration. Chairman Scarborough inquired if they pay and get a refund, how will that be handled; with Mr. Jenkins responding staff could hold the check if the Board directs them to, or they can give a refund. Chairman Scarborough stated he wants to know what he is voting for. Commissioner Carlson stated the Board already voted; with Chairman Scarborough responding it voted on a motion for straight waiver that failed, and Commissioner Colon proposed a second motion with condition. Chairman Scarborough requested Commissioner Colon repeat the motion.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to waive the rezoning application fee for Desiree M. Webber with A New Leash on Life, to apply for BU-2 zoning classification on the condition the rezoning is approved; and authorize staff to hold the check until the application is acted on. Motion carried and ordered; Commissioner O'Brien voted nay.

PERSONAL APPEARANCE - KATHLEEN HARER, SPACE COAST FELINE NETWORK,
RE: WAIVER OF APPLICATION FEE FOR REZONING

Kathleen Harer, President of Space Coast Feline Network, formerly known as Space Cats Club and Feral Cat Network, advised it is a 501(c)3 Not-for-profit organization; they purchased property in Mims to use as a shelter for feral cats that do not have a colony to be returned to, specifically cats from Kennedy Space Center, and from other areas in the County. She stated they want to build as soon a they can to start relocation of the cats; meanwhile, they are doing fundraising to get funds for a permanent shelter; and $914 for an application fee is a significant impact on their budget. She requested waiver of the fee; stated they do not have neighbors; most of the land is undeveloped; there is an orange grove on the east side; and other volunteers in the organization purchased property to the west and are in the process of purchasing property to the north, so it is not going to be an impact to adjacent property.

Commissioner Colon advised Space Coast Feline Network partners with the County on the spay and neutering program, which has been a cost saving to the taxpayers. Ms. Harer advised they subscribe to trap, neuter, and return, which means the cats go back to their colonies and caregivers take care of them; but because they are spayed or neutered, they are not reproducing, so the problem with the expanding population has been significantly reduced. Ms. Harer advised there are some cases where the cats cannot go back to their locations; the prime example is Kennedy Space Center where the cats are trapped and taken to an abandoned building that was given to them to use; it is an old building, and the roof leaks every time it rains; and it presents a hazard to the cats and the caregivers because of the slippery floors. She stated Kennedy Space Center wants to use that area, so they are in a push to build something; and they have obtained the property to build a shelter and move the cats.

Commissioner Higgs stated this request should be treated the same as the previous request; and the Board should be careful when explaining to the applicant it may be because of the reaction of neighbors. She stated that is not a criteria the Board should be using in its evaluation of zoning applications. Chairman Scarborough stated it is generally because of the issues being raised. Commissioner Higgs stated they do not do a poll to see how people feel.

Chairman Scarborough advised Ms. Harer if the Board acts in the same manner as it did on the previous request, she would give the County a check; the County would hold the check; and if the rezoning is approved, she would get the check back, but if not, the County would deposit the check. He noted the precedent has been set.

Motion by Commissioner Colon, seconded by Commissioner Carlson, to waive application fee for Kathleen Harer with Space Coast Feline Network, to apply for a conditional use permit for a pet kennel and/or vet clinic in AU zoning classification, based on the condition the permit is approved; and authorize staff to hold the check until the item is completed. Motion carried and ordered; Commissioner O'Brien voted nay.

RESOLUTION, RE: QUALIFYING ECONOMIC DEVELOPMENT PROJECT NO. 02-00145
AS A TARGETED INDUSTRY

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to adopt Resolution qualifying Economic Development Project No. 02-00145 as a targeted industry and recommending the commitment of local financial support to the Qualified Targeted Industry Tax Refund Program be waived and matched with Brevard County's Ad Valorem Tax Abatement Program. Motion carried and ordered; Commissioner Higgs voted nay. (See page for Resolution No. 02-018.)

RESOLUTION, RE: CONSIDER TAX ABATEMENT APPLICATION FROM MAGNETIC
AUTOMATION CORPORATION AS ELIGIBLE BUSINESS UNDER THE COUNTY'S
TAX ABATEMENT PROGRAM

Motion by Commissioner O'Brien, seconded by Commissioner Colon, to adopt Resolution qualifying Magnetic Automation Corporation as an eligible business under the County's Tax Abatement Program; and authorize advertising a public hearing to consider an ordinance exempting the Corporation from select County ad valorem taxes. Motion carried and ordered; Commissioner Higgs voted nay. (See page for Resolution No. 02-019.)

APPEAL OF WILLIAM SHANDOR, RE: DECISION OF ONSITE SEWAGE DISPOSAL
VARIANCE BOARD

William Shandor, representing his son William Shandor, presented information to the Board, but not the Clerk; and stated the information may have had an impact on the decision of the Variance Board. He stated the roadway fronting the property is considerably off center which was not known at the time of the Variance Board hearing; the end of the pavement to the lot across the street is 20 feet and to his son's lot is only 10 feet; and if the roadway had been centered correctly, they would have met the lot size requirement, according to their builder, Wayne Tozzolo. He stated he understands it would not change the size of the lot, but it would have increased the square footage of non-compacted space, which would have added to the size of the lot to reach the half-acre requirement. Mr. Shandor advised the reason for the appeal is monetary hardship, as his son is out of work, he is involved financially, and he is on a fixed income. He stated his son's present home has a mandatory aerobic treatment system; it was built in 2000 and the performance has been unsatisfactory and a big problem; and it was a maintenance nightmare and nuisance; and for that reason only he purchased the lot on River Oaks Road, which was represented as a half acre. He stated if it is a half-acre or more, there is no requirement for an aerobic system and he can put in a regular septic system; however, they found, after the fact, they were a whisker short and appealed to the Board. He stated the only reason his son purchased the lot was to avoid putting in an aerobic system, which has not performed satisfactorily at his present address.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to extend time for William Shandor to complete his presentation. Motion carried and ordered unanimously.

Mr. Shandor pleaded for the Board's favorable consideration, first because of monetary hardship, and second because the lot was represented as a half-acre and was purchased to avoid installation of an aerobic system, which performed miserably at the current residence.

Chairman Scarborough inquired if any of the information changes how the Board should look at this issue; with Cheryl Dunn responding even if the road had been centered, Mr. Shandor would still be just shy of the half-acre; the lot would have been 215 x 100, which would have given him 21,500 square feet and would have been 280 square feet short of the requirement.

Commissioner Higgs advised the Variance Board approved an aerobic system; in the past aerobic systems were monitored regularly by Environmental Health Department; and requested an explanation of the recent change in what staff will be doing with aerobic systems. Ms. Dunn advised since the changes in State laws, they have gone from a one-year permit to a two-year permit and inspection frequency decreased from two a year to one a year. She stated it is primarily a paper trail to insure maintenance entities are doing what they are supposed to be doing; prior to the changes, they were sampling once a year; and now they do not do samplings unless called for. Commissioner Higgs advised Ms. Dunn suggested because of the closeness of the lot to the required size, the Board could require an increase in the size of the tank and a larger drainfield. Ms. Dunn stated if the sewage is retained longer in the receptacle, it will get more treatment; the capacity of a standard tank is two days holding; so if the holding time is increased, it would increase the treatment. She stated it is still not equal to the aerobic treatment unit, if properly operating, but it offers a higher level of treatment by increasing the tank size and/or drainfield.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve an onsite sewage disposal system for William Shandor due to the closeness in size of the property to meeting the half-acre requirement, with additional treatment achieved by upsizing the tank by two categories and the drainfield size by one category.

Chairman Scarborough stated he will vote in opposition after talking with Howard Wolf and Mary Tees who felt strongly about this issue. Commissioner Higgs stated she talked to Mr. Wolf and his belief was it would be 100 x 200 and not a larger size. Chairman Scarborough inquired if staff talked to Ms. Tees; with Ms. Dunn responding no.

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

APPEAL OF THOMAS KELLER AND SUSAN GRAHAM, RE: DECISION OF BREVARD
COUNTY ONSITE SEWAGE DISPOSAL VARIANCE BOARD

Susan Graham advised she is part owner of Lot 5A on Vacation Island Playground, which is governed under the County Codes that restrict the type of buildings they can have to temporary vacation houses of 500 square feet. She stated there is also another requirement for the County to test the waters surrounding the Island to meet certain water standards; and as part of their building permit, they were required to ask for a variance from the Septic Board because they have an undersized lot and private well and exceed the buildout density for that area. She stated when they went to the Variance Board they were denied any permit because the County was not testing the waters around the Island; so there are two issues before the Board: (1) whether or not it will overturn the Variance Board's ruling, and (2) if they are granted a variance, what type of system will they need to install. Ms. Graham stated although the County is not testing the water, the State is and has been as part of the aquaculture operations; and they have a report that is in the package given to the Board showing that the State has been testing the waters and it meets the criteria under the Ordinance. She stated historically the precedent has been for the Variance Board to issue aerobic treatment systems for the subdivision; theirs is the first new structure on the Island that has been required to get a waiver to the road Ordinance from the County Manager; that was part of their request for a building permit; and they were granted the waiver with one condition that they install an advanced secondary treatment system with nutrient reducing drainfield, based on information provided by the Health Department. Ms. Graham advised they asked for an amendment to use a composting toilet with a standard septic system; but when they went before the Variance Board, the Health Department chose not to support their request. She stated they looked into advanced treatment systems, and they are very expensive; the cost of that system for a small vacation house is about $20,000; and it needs to be engineered, is maintenance oriented and very complex, and needs continuous use to function correctly. She stated since it is a vacation house, it will be empty several months at a time; they are willing to install an aerobic system if that is the precedent that has been set; the Health Department indicated it would consider that a minimum system that needs to be installed; and they hope the Board overturns the ruling so they can have a septic permit and aerobic system to meet their septic requirements.

Bernard Mann, representing VIP Homeowners Association, advised at their last meeting, they had a petition that was presented to Commissioner Higgs where everyone signed in favor of the parties receiving their permit for an aerobic septic system, the same as everyone else on the Island has. He stated VIP Island is very special; the home next to him had someone there on three weekends in the last year, the house behind had someone four weekends the last year, and the house cattycorner to his has people once a month to fish; so they are very low maintenance regarding septic systems. He stated every other island in the Lagoon is receiving more defecation and urination on raw land than their Island does going through septic systems; and if the Board is going to use them as a testing ground for new septic systems, they would request it put port-a-potties on every island in the Lagoon. Mr. Mann stated there are 50 homes on the Island; they are small and inconspicuous; the homeowners do not understand why, when the Island was platted in 1965, there is a question about having a road and not having a road; they do not have a road and never had a road; and a lot of them have lived there quite a while. He stated he has three properties in Brevard County, one on Merritt Island, one in Grant, and one on the Island; they do not understand the difference in a 3,000-square foot home going up on the river with an aerobic system 50 feet from the river and their Island; and requested the Board allow the parties to have their septic system. He stated nobody wants to be a testing ground for a septic system that does not have an installer or service agency; he understands the new system requires an inspection every week for 30 weeks after it is installed; and that is a lot of maintenance for something that is going to be used very infrequently; therefore the VIP Homeowners Association would request the Board allow the parties to do what they requested and put in a septic system for their home.

Commissioner Higgs inquired if the information on the water quality standards Ms. Graham referenced was given to the Variance Board; with Ms. Dunn responding it was not available at the time the Variance Board heard the case. Commissioner Higgs stated the waters around VIP Island meet the Code; although the County is not doing the testing, it is being done by the State; so they qualify for a septic system. She stated there is a lot of information regarding what is possible to do; Mr. Jenkins is correct in requiring an advanced secondary treatment system that would reduce pollutants; and one has now been permitted or is ready to be permitted in the County. Ms. Dunn stated one has been approved for Lot 1 of Grant Farm Island, which has larger lots on the south end.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to overturn the Onsite Sewage Disposal Variance Board's decision and uphold the County Manager's requirement for an advanced secondary treatment system for Thomas Keller and Susan Graham's vacation house on VIP Island. Motion carried and ordered unanimously.

DISCUSSION, RE: MILITARY SERVICES SPECIALTY LICENSE PLATES

Lou Rossi, representing the Brevard Veterans Council, presented a copy of the proposed license plate for the U.S. Air Force, and noted there is one for each of the services except the Marine Corps which has a specialty plate already. He stated there is a discrepancy in funding for veterans; the District of Columbia has 48,133 veterans and gets $1,271,233,000 or $26,411 per veteran for medical services in Washington, D.C.; and Florida has 1,771,178 veterans and gets $650 per veteran for medial services. He stated when a person enrolls in the veterans clinic, it takes between seven months and a year to get the first appointment to see a doctor; due to State revenue shortfalls, the Legislature reduced appropriations to the Veterans Home Program by 20% or $6.5 million; so what the Council is proposing is important. He requested the Board ask the Brevard Legislative Delegation to sponsor a bill authorizing four new license plates to honor the veterans of the Air Force, Army, Coast Guard, and Navy; it will allow citizens an opportunity to display their support for veterans of the uniformed services; and more importantly, it will provide needed funding for services. He stated there are 1.8 million veterans living in Florida; if only 35% purchased the specialty plates, over $12.5 million could be generated; and if citizens purchased plates to honor a family member or friend in the service or just to show their support, the Council believes the revenue that could be raised from the program would be substantial and would help needy veterans' programs. He stated the initiative was proposed last year to the Delegation but ran into obstacles; they required the proposing identity to submit $60,000 for each plate; and although it is a Veterans Council initiative, the effort has not been proposed for the Council or any specific veterans organization, but to give the Department of Veterans Affairs a better financial platform on which to fund nursing homes, homeless veterans programs, veterans memorials, libraries, and museums on a Statewide basis. He stated since the effort would benefit the State as a whole and help reinstate much of the funding lost to budget cuts, the Council requests the Board to ask the Brevard Legislative Delegation to submit a bill to authorize the new license plates and provide waiver of all requirements of Chapter 302.08053, which includes a requirement for an extensive Statewide survey and $60,000 application fee for each plate proposal. He stated the Council feels it is a win/win proposal; it will provide a unique way to help the aging and homeless veteran population and preserve their history so that the future generations will always be reminded of the cost of freedom.

Motion by Commissioner Carlson, seconded by Commissioner Colon, to authorize the Chairman to send a letter to the Brevard Legislative Delegation requesting its support of a bill to offer four additional specialty license plates honoring each of the military services and waive the application fee and survey requirements. Motion carried and ordered unanimously.

APPLICATION AND ACCEPTANCE, RE: VICTIMS OF CRIME ACT ATTORNEY
GENERAL'S OFFICE GRANT

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve continuation of the Victim Advocate Program by the application and acceptance of the Victims of Crime Act, Office of the Attorney General's grant of $79,098, from October 1, 2002 through September 30, 2003, with a cash match of $10,000 from the General Fund of the County during FY 2002-03 and in-kind match of $9,775. Motion carried and ordered unanimously.

PERSONAL APPEARANCE - MARY SCATTERGOOD AND DON LEVINE, RE:
CENTER FOR DRUG FREE LIVING

Mary Scattergood, Chairman of the Board for the Center for Drug Free Living of Brevard County, advised Dick Jacobs from the Center's staff is also here this evening; and the purpose of their appearance is to update the Board on the development of the Center for Drug Free Living's property on Grissom Parkway. She stated there has been a slight schedule change in the program development due to an unforeseen cancellation of one of their leases; in January she learned that Circles of Care accepted a lease agreement with Devereux to occupy the facility they are currently renting for the Brevard Group Treatment Home; and without discussions or previous notification, they were given 60 days to vacate the property and relocate the boys. She stated over the past month they have scoured Orange, Osceola, Seminole, and Brevard Counties to relocate the program; and after combing those communities without success, their board of directors has been faced with two options: (1) close the program and lay off 27 Brevard County residents and return the boys to State Custody; or (2) delay the opening of the women's program and move the boys and staff to the property the Center owns on Grissom Parkway. She stated after much discussion among the Board and staff members, the board recommended keeping the program and moving the boys. Ms. Scattergood stated the Pastor of the First Christian Church and elders of the church have been active at the boys program and have participated in meetings about the relocation of the program; it is her understanding they are not opposed to the change; and while she understands they do not need an approval of the change, she wanted to keep the Board informed and share this change with the public as a representative of the Center.

Chairman Scarborough stated he spoke with the Pastor, and to say he approved it may not be a correct expression; disappointment may be more in line; but it is not a violation of anything the Board approved previously and no action is required, so he will leave it at that.

Commissioner Colon thanked Ms. Scattergood for attempting to save the little lives because it is very important; even though it is only 15 boys, those are 15 lives they would be able to change; and she appreciates Ms. Scattergood sharing the information with the public. Ms. Scattergood stated she appreciates the Board's continuous support.

Commissioner Higgs advised a presentation at a Board meeting by a representative from Coastal Technology Corporation of Vero Beach will cost about $2,500; and that will include a site visit, review, a report for the Board, and presentation at a meeting.

Motion by Commissioner Higgs, seconded by Commissioner Carlson, to authorize hiring Coastal Technology Corporation to make a presentation at a Board meeting regarding the Villagers Condominium project, at a cost of $2,500, at the time the Villagers Project is heard by the Board.

Natural Resources Management Director Conrad White inquired if the Board wishes to sole source with Coastal Technology, as staff thought about a purchase order and asking for three bids or request for proposals.

County Manager Tom Jenkins advised from a time standpoint, there is no choice but to sole source. Commissioner Higgs stated time necessitates a sole source in this case; she is familiar with the corporation that has been involved in a number of coastal issues; and the responsible thing to do is have someone review the project from the County's perspective. Commissioner Carlson stated the Board needs an expert who can talk on its behalf.

Mr. White requested the Board identify the funding source; with Commissioner Higgs responding the Contingency Fund.

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

APPROVAL OF POSITION, RE: CLERK TO SPECIAL MASTER

Commissioner Carlson stated the position to serve as clerk to the special master came about from discussions on the implementation of policies and procedures, Code Enforcement, etc.; and the amount being considered for that position is $25,200. County Manager Tom Jenkins advised that is for a portion of the year and not a full year, but includes salary, benefits, and start-up costs. Commissioner Carlson inquired if it is more than $30,000 a year; with Assistant County Manager Stockton Whitten responding it is $36,300 a year.

Commissioner Carlson inquired how long has the current system been in place; with Code Enforcement Director Bobby Bowen responding the special master process has been in existence since 1993; the Contractor's Licensing was the first to utilize the process instead of the Code Board; and in 1996, on a one-year trial basis, Code Enforcement cases were heard exclusively by the special master. He stated in 1997, the special master replaced the Code Board pursuant to Florida Statutes, Chapter 162. Commissioner Carlson inquired how many complaints has staff received about the system the Board is considering replacing; with Mr. Bowen responding one recent complaint. Commissioner Carlson inquired if that complaint came from an individual who was a subject of a special master hearing for Code violations at the time the complaint was made; with Mr. Bowen responding that is correct. Commissioner Carlson stated if she understands it correctly, the Board is going to spend over $30,000 per year to fix a system that has served well for many years because of the complaint of one individual who was the subject of a special master hearing; and inquired if that is correct; with Mr. Bowen responding yes. Commissioner Carlson stated she offered to put a staff member in the special master hearing for the particular issue; it lasted over three hours; and it was the third appearance by that individual. She inquired if there are criteria on how long something is allowed to go on, how often a special master sees an issue, or anything that governs that; with Mr. Jenkins responding because the special master is equivalent to a judge that is holding a proceeding, it is up to the special master to ensure that due process occurs, so the Board leaves it up to the judgment of that special master as to how much time is required. Commissioner Carlson inquired if an individual can come back a hundred times and debate the same issue over and over again; with Mr. Jenkins responding the special master is basically in control of the hearings, so it is up to the special master to make those determinations. Commissioner Carlson inquired if there is a way to set time limits on resolving issues; with Chairman Scarborough responding the Board better not do that if it wants to keep the process in a judicial capacity. He stated there is a legislative branch and a judicial branch; and those lines should not be crossed.

Chairman Scarborough inquired if the special master, since he is the one responsible for keeping the integrity of the process, found the current process flawed; with Mr. Bowen responding not at all. Chairman Scarborough inquired if the special master supports this change; with Commissioner Higgs responding there may be a different special master, as a selection committee is looking at special masters, so it may be an entirely different person in a few months. Chairman Scarborough inquired if the special master who has been hearing this case found the process flawed in the manner in which administrative support is provided; with Mr. Bowen responding if he has, he has not expressed that any problems exist.

Commissioner Higgs stated the Board has to consider the appearance; it should appear to be very fair; and by having a separate person serving as clerk to the special master, that clearly is doing what is important, and that is to have due process by separation of functions. She stated that is all this item is doing; it is an attempt at fairness; and that is why she supports what has been proposed and regrets it costs money, but she also wants people to feel they are being provided a just and fair hearing.

Commissioner Carlson stated one issue that came up was the interface with Code Enforcement and the information getting to the special master being unbiased; that is not going to change with the clerk to the special master; he is still going to get the same information from Code Enforcement the same way; so she is not sure the Board is achieving anything by providing an additional person. Commissioner Higgs stated she assumes everything presented at the hearing by the Code Enforcement officer is a part of the public record; this is to ensure there are not ex-parte communications; so the assurance is that the special master has a clerk who takes care of the records, and the Code Enforcement officer, Code Enforcement Department, and County Attorney present the case. She noted it clarifies those functions. Commissioner Carlson stated she sees the clarification, but she does not see it solving the problem that was brought up. Commissioner Higgs stated it may not solve any one problem, but the sense that it is a fair process where the functions are separate is what the Board is trying to do.

Commissioner Colon stated she is pleased the constituents brought this issue to the Board's attention because she was not aware of the details on how the process takes place; so she is happy the Board is going to have the position available because it shows more of a sense of impartiality. She stated because the staff that assisted the special master was from Code Enforcement made it uncomfortable; and even though it may be a fair process, the perception was there, which is not good for the Board. She stated hiring a clerk shows the problem was addressed; and whether that person had an issue before Code Enforcement is a totally different subject. She stated she is pleased it was brought to the Board's attention so it could fix the problem and perception in the community. She stated it is a positive change because the Board will not have to worry about citizens having a process that is fair; so it is moving in the right direction if it approves the item.

Commissioner Carlson stated based on the efforts that come from Code Enforcement and Contractors Licensing, where will the dollars come from to fill that position; with Mr. Jenkins responding a portion will come from Contractors Licensing because it generates revenue, and the balance will come from the General Fund Contingency for this year. Commissioner Carlson stated she appreciates the separation, but it seems like a stretch to create a whole position and not really accomplish anything.

Chairman Scarborough stated he would feel strongly about it if the special master brought it up, because anytime there is a conflict situation, there is a winner and a loser; and whoever loses may say something is flawed with the system. He stated if the Board begins to respond to those, pretty soon it will not have a system at all; however, if the impartial special master makes the comment, the Board could feel strongly that there may be flaws, so Commissioner Carlson's comments were well taken, but the Board wants to answer all questions and alleviate any problems.

Commissioner O'Brien stated he cannot support the motion, because if it is not broken, it should not be fixed. He stated the complaints came from one person after all these years; that person is in violation of the Code; and it is going to cost the taxpayers about $50,000 a year because the Board wants to make it look pretty. He stated just for a façade is not good enough reason for him to replace a person who has knowledge of how the system operates and to spend $50,000 a year of taxpayers' money. He stated at some point the Board has to stop spending money; it if does not, it will be looking at another tax increase next year; so it should say no because it was working fine before the complaints.

Commissioner Colon stated to put things in perspective, the special master was hired through Code Enforcement, so even if the special master had an issue regarding impartiality, she does not think he would say anything because it would have been awkward. Chairman Scarborough stated he hopes that anyone who is serving as special master and finds any impropriety or inappropriateness with the process would bring it to the attention of staff as part of the job description. He stated it is incumbent upon that person to say something is not right; it would scare him if that did not occur; and he hopes that anybody the County hires would feel it is his/her responsibility if he or she is acting as a special master. Mr. Jenkins stated they are acting as an officer of the court more or less. Chairman Scarborough stated that is what he would think; and the judiciary branch is the most independent group of people because they feel that responsibility to protect the system; so he thinks if there was a problem, it would have been reported, but he could be wrong. Commissioner O'Brien stated Chairman Scarborough is right; therefore, there is no problem. Commissioner Colon stated it will make it easier this way.

Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve a position to act as clerk to the special master at $25,200 for salary, benefits, and operating expenses for the remainder of this fiscal year from General Fund Contingency. Motion carried and ordered; Commissioners O'Brien and Carlson voted nay.

DISCUSSION, RE: SAWGRASS DEVELOPMENT

Commissioner Carlson advised since the Board basically denied the Sawgrass request, there has been a lot of activity going on with Sawgrass III in terms of trying to find a different route for connection of St. Andrews Boulevard to the Pineda Causeway Extension; and there have been quite a few discrepancies with information that she is getting through her Office about U.S. Fish and Wildlife Service comments, U.S. Army Corps of Engineers comments, and staff comments. She requested staff provide her a time line of all communications between staff and the developer and any agencies as soon as possible because she has a large constituency that is very concerned about what is going on out there in terms of what agencies want what and in reference to environmental concerns and road connections. She stated she wants to see all the communications; she has had a difficult time collecting all the information; and a lot of it is becoming more contradictory; so she would appreciate getting a time line of any communications staff has created. She stated if an issue has any sensitivity to the Board at all, it should contact the given Agency, whether it is the St. Johns River Water Management District, Corps of Engineers, U.S. Fish and Wildlife Service, etc. and have them copy the Board on anything they create, and staff copy the Commissioner responsible for that particular item. She stated if staff could do that, she would appreciate it.

DISCUSSION, RE: CONTINUATION OF BREVARD CROSSING PROJECT

Assistant County Manager Peggy Busacca inquired if the Board is continuing the discussion on Brevard Crossing until Thursday, February 7, 2002 at 5:00 p.m.

Chairman Scarborough responded it should be advertised only to deal with the Board's comments to the St. Johns River Water Management District; and since the Board will only have a half hour, he does not want 30 merchants from Merritt Square Mall showing up who think they are going to talk about the whole gamut of issues.

WARRANT LISTS

Upon motion and vote, the meeting adjourned at 6:09 p.m.

ATTEST: _________________________________
TRUMAN SCARBOROUGH, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

___________________
SCOTT ELLIS, CLERK

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