The Board of County Commissioners of Brevard County, Florida, met in regular session on September 29, 1998, at 9:03 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Helen Voltz, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs, and Mark Cook, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Dr. Richard Chandler, First United Methodist Church of Port St. John.

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

REPORT, RE: MOSQUITO CONTROL

Mosquito Control Director Jim Hunt stated with the increased rains in the month of September and the inclement weather due to Hurricane George which hampered control activities, the County is experiencing the largest influx of adult mosquitoes it has seen this year; on Sunday they were able to resume control activities; and they will continue until the problem is under control. He stated all areas of the County will be sprayed before the end of the week; it is anticipated it will take eight to ten days to bring the problem under control; and the mosquitoes everyone is experiencing do not carry encephalitis.

Chairman Voltz inquired will the County be spraying Keenansville; with Mr. Hunt responding Keenansville is in Osceola County, but Fellsmere was done this morning.

Commissioner Scarborough inquired after it is brought under control, what is the prognosis for the fall months. Mr. Hunt responded it will be an active fall; mosquito population will stay high; but the type of mosquito will change, going from the aggressive flood water mosquito to the fresh water mosquito that only comes out at night. Commissioner Scarborough advised of a newspaper article explaining the mosquito situation; and inquired if there is a particular time of year when people are more likely to run into encephalitis mosquitos. Mr. Hunt responded that time is now; the population will start building within ten days, and continue until the first frost; and it is an evening mosquito.

Commissioner O'Brien inquired if the encephalitis mosquitos are also called tiger mosquitos; with Mr. Hunt advising the tiger mosquito has the potential to carry eastern equine encephalitis instead of St. Louis encephalitis, and is a domestic mosquito. Commissioner O'Brien advised of mosquito problems in Snug Harbor; and stated the problem is Countywide.

Commissioner Scarborough inquired how many different varieties of mosquitos are there in Brevard County; with Mr. Hunt responding there are over 73 varieties, and the County has over half of them. County Manager Tom Jenkins advised Brevard County used to be named Mosquito County.

REPORT, RE: FIRE STORM

Commissioner Scarborough stated the Commissioners got the staff report on the fire storm; and he echoes the comments put forth in the Florida TODAY editorial.

REPORT, RE: SPORTS SCORES

Commissioner O'Brien stated the Cocoa Tigers played Astronaut High School last night, and continued its winning streak; and if the team continues to play this way, it will be another championship team from Cocoa. He stated Coach Cunningham is doing a fabulous job.

REPORT, RE: REQUEST TO DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR DEPURATION OF OUT-OF-STATE CLAMS

Commissioner Higgs stated she had a call from a constituent who was concerned about a proposal before the Department of Environmental Protection to allow clams from out-of-state to be brought to the County to be depurated; and expressed concern because the law right now does not allow that. She stated it would require either a change of law or an exemption; and because of potential pollution and transfer of microorganisms, the Board would be well served to ask staff to report on what is pending. She advised they confirmed with DEP that this is pending; and a report is needed to tell exactly what is pending and possible consequences.

Chairman Voltz inquired if this was going to be done without telling the County; with Commissioner Higgs responding DEP is not going to tell the County. Commissioner Higgs distributed paperwork; and requested a staff report so the Board, if it wishes, can take action within the next 30 days.

Discussion ensued on meaning of depuration, current procedures, State permit, effect on Indian River Lagoon, need for information, and clam leases for out-of-work net fishermen.

CLARIFICATION, RE: FUNDING FOR CHILD CARE ASSOCIATION

Commissioner Cook stated at the last meeting, he mentioned that the Child Care Association received General Fund money, but it does not.

ANNOUNCEMENT, RE: COMMISSIONER O'BRIEN'S BIRTHDAY

Chairman Voltz announced September 30, 1998 is Commissioner O'Brien's birthday, and wished him a happy birthday. Commissioner O'Brien thanked the Board.

UNPAVED ROAD AGREEMENT WITH VIKTOR RUDNIZKI, RE: TREASURE LANE

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Unpaved Road Agreement with Viktor Rudnizki for a building permit off an existing County right-of-way constructed to the standards of the Unpaved Road Ordinance 97-02. Motion carried and ordered unanimously.

FINAL ENGINEERING APPROVAL, RE: VIERA, TRACT L, PHASE 2, UNITS 3 AND 4

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant final engineering approval for Viera, Tract L, Phase 2, Units 3 and 4, subject to minor engineering changes as applicable, and developer responsible for obtaining all necessary permits. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: REPORT ON NON-CONFORMING USE STATUS OF TITUSVILLE AUTO SALVAGE

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to acknowledge receipt of report pertaining to the non-conforming use status of Titusville Auto Salvage. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: CITY OF COCOA ANNEXATION ORDINANCE NO. 23-98

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to acknowledge receipt of City of Cocoa Ordinance No. 23-98 regarding voluntary annexation of real property. Motion carried and ordered unanimously.

APPROVAL, RE: CORRECTIONAL FACILITIES IMPACT FEE PROJECT FUNDING RECOMMENDATIONS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve the Correctional Impact Fee Technical Advisory Committee's project funding recommendations, and authorize increasing the borrowing limit from $322,580 to $340,000 from Solid Waste Management Department Reserve Fund. Motion carried and ordered unanimously.

CONTRACT MODIFICATION NO. 3 WITH RANGER CONSTRUCTION INDUSTRIES, INC., RE: DAIRY ROAD SOUTH WIDENING PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Contract Modification No. 3 with Ranger Construction Industries, Inc. increasing contract price by $194,219.43 with no reduction or addition in contract time for Dairy Road South widening project. Motion carried and ordered unanimously. (See page for Contract Modification No. 3.)

AMENDMENT NO. 2 TO AGREEMENT WITH FLORIDA OFFICE OF TOURISM, RE: ECONOMIC DEVELOPMENT GRANT FOR TICO ROAD IMPROVEMENTS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Amendment No. 2 to Grant Agreement with Florida Office of Tourism, Trade and Economic Development extending project initiation and completion date for reconstruction of a portion of TICO Road. Motion carried and ordered unanimously.

AGREEMENT WITH FLORIDA EAST COAST RAILWAY COMPANY, RE: RE-USE WATER LINE TO GOVERNMENT CENTER NORTH

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with Florida East Coast Railway Company for use of property to install a re-use water line to the Government Center North. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH MACH III DESIGN/BUILD, INC., RE: JUVENILE ASSESSMENT CENTER

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Change Order No. 1 to Agreement with Mach III Design/Build, Inc. decreasing contract price by $24,365.16 for construction of a Juvenile Assessment Center. Motion carried and ordered unanimously.

CHANGE ORDER NO. 1 WITH TUSCANY, INC., RE: SPESSARD HOLLAND GOLF COURSE RESTROOM RENOVATIONS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Change Order No. 1 to Agreement with Tuscany, Inc. increasing the contract price by $738.67 for construction of restroom renovations at the Spessard Holland Golf Course. Motion carried and ordered unanimously.

PERMISSION TO BID AND EXECUTE CONTRACT, RE: RODES PARK WATERLINE AND SANITARY SYSTEM INSTALLATION

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant permission to bid for the Rodes Park Water Line and Sanitary System installation project, award to lowest qualified bidder, and authorize the Chairman to execute the Contract. Motion carried and ordered unanimously.

APPROVAL OF FY 1998-99 OPEN PURCHASE ORDER WITH BREVARD CULTURAL ALLIANCE, RE: EXPENDITURES OF OFFICE OF TOURISM/TOURIST DEVELOPMENT COUNCIL CULTURAL EVENTS FUND

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve an Open Purchase Order with Brevard Cultural Alliance in the amount of $93,041 for expenditures of Office of Tourism/Tourist Development Council Cultural Events Fund. Motion carried and ordered unanimously.

APPROVAL, RE: TDC 1999 CATEGORY A PROMOTION AND ADVERTISING GRANT PROGRAM HANDBOOK

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve the proposed 1999 Category A Promotion and Advertising Grant Program Handbook. Motion carried and ordered unanimously.

AGREEMENTS WITH BREVARD COUNTY ALTERNATIVE COMMUNITY SERVICES DEPARTMENT AND KEEP BREVARD BEAUTIFUL, AND APPROVAL OF BUDGET CHANGE REQUEST, RE: TDC CATEGORY B, BEACH CLEAN-UP GRANTS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with Keep Brevard Beautiful and authorize the TDC Director to execute the Agreement with Alternative Community Services for Beach Clean Up Grants of $20,000 and $92,625 respectively; and approve Budget Change Request for funding. Motion carried and ordered unanimously.

CONTRACT WITH FLORIDA DEPARTMENT OF HEALTH, RE: PUBLIC HEALTH SERVICES FUNDS FOR FY 1998-99

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Contract with Florida Department of Health for public health services funds for FY 1998-99. Motion carried and ordered unanimously.

AGREEMENT WITH NATIONAL TECHNICAL ASSOCIATION, INC., RE: FUNDS FOR PROJECT STAR, WEST COCOA AREA FOR TECHNICAL AND EDUCATIONAL ACTIVITIES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with National Technical Association, Inc. to provide technical and other educational activities for Project STAR at the Cocoa West Community Center from October 1, 1998 to September 30, 1999, in the amount of $60,000. Motion carried and ordered unanimously.

AGREEMENT WITH CHILD CARE ASSOCIATION OF BREVARD COUNTY, INC., RE: SUBSIDIZED CHILD CARE SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with Child Care Association of Brevard County, Inc. to subsidize child day care services from October 1, 1998 to September 30, 1999, in the amount of $57,000. Motion carried and ordered unanimously.

AGREEMENT WITH ALCO-REST, INC., RE: CDBG FUNDING FOR ALCOHOL/SUBSTANCE ABUSE RECOVERY SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with Alco-Rest, Inc. for CDBG funding for an alcohol/substance abuse recovery program for low and moderate income persons from October 1, 1998 to September 30, 1999, in the amount of $53,000. Motion carried and ordered unanimously.

AGREEMENT WITH ALCO-REST, INC., RE: COMMUNITY BASED ORGANIZATION FUNDING FOR HOMELESS SHELTERING AND SUBSTANCE ABUSE SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with Alco-Rest, Inc. for homeless sheltering and substance abuse services from October 1, 1998 to September 30, 1999, for a total amount of $37,500. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH CHILD CARE ASSOCIATION, RE: HARRY T. MOORE CENTER RENOVATIONS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Amendment to Agreement with Child Care Association extending the existing contract to October 30, 1998, and providing additional funding in the amount of $64,690 for renovations to the Harry T. Moore Center in Cocoa. Motion carried and ordered unanimously.

AGREEMENT WITH NORTH BREVARD OFFICIALS ASSOCIATION, INC., RE: OFFICIATING SERVICES FOR ATHLETIC ACTIVITIES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement with North Brevard Officials Association, Inc. to provide services of referees, umpires, and score keepers for various recreational activities in North Brevard from October 1, 1998 to September 30, 1999. Motion carried and ordered unanimously.

RESOLUTION AND LEASE AGREEMENT WITH SPACE COAST CHAPTER OF THE NATIONAL TECHNICAL ASSOCIATION, INC., RE: USE OF ISAAC CAMPBELL, SR. COMMUNITY CENTER

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution and execute Lease Agreement with Space Coast Chapter of the National Technical Association, Inc. for use of Isaac Campbell, Sr. Community Center in Titusville from October 1, 1998 to September 30, 1999. Motion carried and ordered unanimously.

RESOLUTION AND LEASE AGREEMENT CHILD CARE ASSOCIATION OF BREVARD COUNTY, INC., RE: USE OF CUYLER COMMUNITY CENTER

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution and execute Lease Agreement with Child Care Association of Brevard County, Inc. for use of Cuyler Community Center in Mims from October 1, 1998 to September 30, 1999. Motion carried and ordered unanimously.

AMENDMENT TO AGREEMENT WITH FLORIDA INLAND NAVIGATION DISTRICT AND APPROVAL OF TEMPORARY LOAN, RE: KENNEDY POINT PARK PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Amendment to Agreement with Florida Inland Navigation District extending the Kennedy Point Park Project No. BV-96-37 until September 1, 1999; and approve temporary loan from the General Fund in the amount of $372,610. Motion carried and ordered unanimously.

AGREEMENTS WITH ARTHRITIS FOUNDATION CENTRAL BRANCH, RE: GOLF CARDS FOR USE AT SPESSARD HOLLAND, HABITAT AND SAVANNAHS GOLF COURSES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreements with Arthritis Foundation Central Branch for golf cards for use at Spessard Holland, Habitat and Savannahs Golf Courses effective April 15, 1999 to November 30, 1999. Motion carried and ordered unanimously.

CHANGE ORDER TO PURCHASE ORDER NO. 426291 WITH INTERNATIONAL GOLF MANAGEMENT, RE: MAINTENANCE OF HABITAT, SAVANNAHS, AND SPESSARD HOLLAND GOLF COURSES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Change Order to Purchase Order No. 426291 with International Golf Management for repairs and improvements at Habitat, Savannahs, and Spessard Holland Golf Courses, increasing it by $8,100. Motion carried and ordered unanimously.

PERMISSION TO SUBMIT GRANT PROPOSAL TO FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, BUREAU OF INVASIVE PLANT MANAGEMENT, RE: REMOVAL OF BRAZILIAN PEPPER TREES ON COUNTY LANDS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to granted permission to submit grant proposal to Florida Department of Environmental Protection, Bureau of Invasive Plant Management, for funds to remove Brazilian pepper trees on County lands. Motion carried and ordered unanimously.

WAIVER OF BOUNDARY SURVEYS, RE: ACQUISITION OF LOTS IN VALKARIA SCRUB CORE AREA OF THE COASTAL SCRUB ECOSYSTEM CARL PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to waive boundary surveys for acquisition of lots in Valkaria scrub core area of the Coastal Scrub Ecosystem CARL Project. Motion carried and ordered unanimously.

RESOLUTION AND GRANT APPLICATION, RE: HRS TRUST/GRANT AWARD FOR EMERGENCY MEDICAL SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution and execute Grant Application for HRS Trust/Grant Award for Emergency Medical Services in the amount of $112,183.06. Motion carried and ordered unanimously.

PURCHASE OF SERVICE AGREEMENT WITH EASTER SEALS SOCIETY OF EAST CENTRAL FLORIDA, INC., RE: SCAT TRANSPORTATION SERVICES FOR VENTURES IN LIVING PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Purchase of Service Agreement with Easter Seals Society of East Central Florida, Inc. for SCAT to provide transportation services for Ventures in Living clients from October 1, 1998 to September 30, 1999, in the amount of $57,360. Motion carried and ordered unanimously.

AMENDMENT NO. 1 TO AGREEMENT WITH BAREFOOT BAY HOMEOWNERS ASSOCIATION, RE: TRANSPORTATION SERVICES FOR BREVARD SENIOR NUTRITIONAL AID PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Amendment No. 1 to Agreement with Barefoot Bay Homeowners Association for transportation services for Brevard Senior Nutritional Aid Program, extending the current Agreement until September 30, 1999. Motion carried and ordered unanimously.

CONTRACT WITH DEPARTMENT OF ENVIRONMENTAL PROTECTION, RE: FY 1998-99 COOPERATIVE AQUATIC PLANT CONTROL PROGRAM FUNDS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Contract with Department of Environmental Protection for FY 1998-99 Cooperative Aquatic Plant Control Program funds of $168,441. Motion carried and ordered unanimously.

RENEWAL AGREEMENT NO. 3 WITH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, RE: ARTESIAN WELL PLUGGING PROGRAM FUNDS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Renewal Agreement No. 3 with St. Johns River Water Management District for Artesian Well Plugging Program funds of $15,000 for the Office of Natural Resources Management and $5,000 for the Mosquito Control Department. Motion carried and ordered unanimously.

MEMORANDUM OF UNDERSTANDING WITH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, RE: REMOVAL OF EXOTIC VEGETATION IN KING'S PARK

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Memorandum of Understanding with St. Johns River Water Management District for $14,100 to remove exotic vegetation in King's Park. Motion carried and ordered unanimously.

PERMISSION TO SUBMIT GRANT PROPOSAL TO FLORIDA COASTAL ZONE MANAGEMENT PROGRAM, RE: FUNDS FOR CONSTRUCTION OF DUNE CROSSOVER AND RESTORATION OF NATIVE HABITAT IN SOUTH BEACHES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant permission to submit Grant proposal to Florida Coastal Zone Management Program for $30,000 to construct a dune crossover and restore native habitat in the South Beaches. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: REVISIONS TO ARTICLE XIII, DIVISION 5, SECTION 62-4456, PRIVATE LAKE ORDINANCE

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant permission to advertise a public hearing to consider an ordinance amending the Private Lakes Ordinance. Motion carried and ordered unanimously.

WAIVER OF BID AND APPROVAL TO REBUILD, RE: CATERPILLAR 826C LANDFILL COMPACTOR BY RINGHAVER EQUIPMENT COMPANY

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to waive bid requirements and authorize Ringhaver Equipment Company to rebuild the Caterpillar 826C landfill compactor to the original equipment manufacturer's specifications at $177,500 plus freight charges. Motion carried and ordered unanimously.

ADDENDUM NO. 4 WITH WESTERN WASTE INDUSTRIES (USA WASTE SERVICES, INC.) AND HARRIS SANITATION, INC., RE: SOLID WASTE COLLECTION

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Addenda No. 4 to Agreements with Western Waste Industries (USA Waste Services, Inc.) and Harris Sanitation, Inc. for solid waste collection, incorporating service level enhancements resulting from the survey of the collectors' customers. Motion carried and ordered. Commissioners Scarborough, O'Brien, Higgs, and Voltz voted aye; Commissioner Cook voted nay.

APPROVAL OF LINE OF CREDIT FOR BREVARD COUNTY HISTORICAL COMMISSION, RE: PREPARATION AND PUBLISHING OF VOLUME III, HISTORY OF BREVARD COUNTY

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve a $20,000 loan in the form of a line of credit to be used by the Brevard County Historical Commission to initiate the preparation and publication of Volume III of the History of Brevard County. Motion carried and ordered unanimously.

CONFIRMATION OF APPOINTMENT, RE: JOSEPH WARD, PH.D., DIRECTOR OF ANIMAL SERVICES AND ENFORCEMENT DEPARTMENT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to confirm appointment of Joseph Ward, Ph.D., to the position of Director of Animal Services and Enforcement Department. Motion carried and ordered unanimously.

INTERLOCAL AGREEMENT WITH BREVARD COUNTY, BREVARD COUNTY SHERIFF'S OFFICE, AND THE CLOISTER'S HOMEOWNERS ASSOCIATION, RE: TRAFFIC CONTROL IN THE CLOISTER'S SUBDIVISION BY SHERIFF'S DEPARTMENT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Interlocal Agreement with the Sheriff's Office and The Cloister's Homeowners Association to provide traffic control in The Cloisters. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: CHANGES TO MERIT SYSTEM PAY PLAN AND HOLIDAYS POLICIES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant permission to advertise a public hearing to consider amendments to the Merit System Policies regarding the pay plan and holidays. Motion carried and ordered unanimously.

APPROVAL, RE: FY 1999 AVIATION INSURANCE COVERAGES FOR MOSQUITO CONTROL AND VALKARIA AIRPORT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve purchase of Mosquito Control Aircraft Hull, Liability and Chemical Insurance at premium cost of $93,269, and Valkaria Airport Liability Insurance at $2,500, from U.S. Speciality Insurance Company, effective October 1, 1998 as obtained by Aviation Insurance Agency, Inc.; and authorize the Chairman to sign any necessary applications. Motion carried and ordered unanimously.

ADDENDUM E TO CONTRACT WITH ALEXSIS, RE: EXTENDING CLAIMS SERVICES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Addendum E to Contract with Alexsis, extending claims service from October 1, 1998 through December 31, 1998; authorize the Office of Human Resources to publish an RFP for replacement services effective January 1, 1999, if negotiations with Alexsis do not prove successful; and authorize appointment of a selection committee to recommend a vendor to the Board. Motion carried and ordered unanimously.

AGREEMENT TO EXTEND EXISTING CONTRACT WITH JOHN W. FLAHERTY, RE: NORTH/CENTRAL AREA FIRE FIGHTERS ASBESTOS AND RESPIRATORY PHYSICALS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Agreement to extend existing Contract with John W. Flaherty, M.D. to provide North/Central area fire fighters with asbestos and respiratory physicals. Motion carried and ordered unanimously.

PERMISSION TO SELL, RE: SURPLUS COUNTY EQUIPMENT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to grant permission to sell a 1995 loader wheel Kawasaki with depreciated value of $49,214.70. Motion carried and ordered unanimously.

RENEWAL OF CONTRACT #970001 WITH COMMUNICATIONS INTERNATIONAL, INC., AND AUTHORIZE COUNTY MANAGER TO PROCESS SUBSEQUENT RENEWALS, RE: MAINTENANCE OF 800 MHZ RADIO EQUIPMENT

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to execute Written Notification of Contract Renewal and the Contract Renewal with Communications International, Inc. to maintain the 800 MHZ radio equipment from October 1, 1998 through September 30, 1999; and authorize the County Manager to process subsequent contract renewals. Motion carried and ordered unanimously.

INTERAGENCY AGREEMENT WITH BREVARD COUNTY JUVENILE ASSESSMENT CENTER, RE: OPERATION OF JUVENILE ASSESSMENT CENTER

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to authorize the Chairman to execute an Interagency Agreement with the Brevard County Juvenile Assessment Center for operation of the Center. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: UNCLAIMED FUNDS FROM CLERK OF THE CIRCUIT AND COUNTY COURTS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to acknowledge receipt of $20,554.29 of unclaimed funds from the Clerk's Office pursuant to Section 116.21, Florida Statutes. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: CANAVERAL PORT AUTHORITY PROPOSED BUDGET FOR FY 1998-99

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to acknowledge receipt of the Canaveral Port Authority's proposed budget for FY 1998-99 pursuant to Section 218.34, Florida Statutes. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: ST. JOHNS RIVER WATER MANAGEMENT DISTRICT TENTATIVE BUDGET FOR FY 1998-99

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to acknowledge the St. Johns River Water Management District FY 1999 tentative budget. Motion carried and ordered unanimously.

APPROVAL, RE: BAD DEBT WRITE-OFFS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve write-off of various uncollectible receivables identified by Board Departments totaling $331,140.11. Motion carried and ordered unanimously.

APPROVAL, RE: AMBULANCE BAD DEBT WRITE-OFFS

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve write-off of uncollectible ambulance accounts receivable as identified by Emergency Medical Services totaling $694,783.26. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Bills and Budget Changes as submitted. Motion carried and ordered unanimously. (See pages

for List of Bills and Budget Changes.) RESOLUTION, RE: ENCOURAGING RECYCLING OF TONER CARTRIDGES

Chairman Voltz read aloud resolution encouraging recycling of toner cartridges.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to adopt Resolution encouraging recycling of toner cartridges. Motion carried and ordered unanimously.

Chairman Voltz presented the Resolution to Joe Hurston. Mr. Hurston thanked the County for its consideration, particularly the County Manager and Purchasing Section. He stated when he first approached the County, there were misconceptions; and advised of progress in the industry. He stated this will be a win/win situation; the cartridges perform well when properly done; it saves a significant amount of money; it brings jobs to the County; and it keeps a lot of pollution out of the landfill. He expressed appreciation to the Board for the Resolution.

Commissioner Cook inquired how many toner cartridge recyclers are in the County; with Mr. Hurston responding in the State of Florida there are just over 400, but he does not have the current number for Brevard County.

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE EASEMENTS IN BAYTREE CORPORATE PARK - JOSEPH DIPRIMA

Chairman Voltz called for the public hearing to consider a resolution vacating public utility and drainage easements in Baytree Corporate Park as petitioned by Joseph DiPrima.

Commissioner Cook inquired if staff received any objections; with Assistant Public Works Director Ed Washburn responding no, and everything is in order.

There being no further comments or objections heard, motion was made by Commissioner Cook, seconded by Commissioner Scarborough, to adopt Resolution vacating public utility and drainage easements in Baytree Corporate Park as petitioned by Joseph DiPrima. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: TEMPORARY USE AGREEMENT WITH SPRINT PCS, RE: TEMPORARY PORTABLE TOWER (COW) ON ORLANDO UTILITIES COMMISSION'S PROPERTY ADJACENT TO GRISSOM PARKWAY

Chairman Voltz called for the public hearing to consider a temporary use agreement with Sprint PCS for temporary portable tower (COW) on Orlando Utilities Commission's property adjacent to Grissom Parkway.

Commissioner Scarborough stated the Board is aware of the facts; and inquired if there is anything the Board has to find to proceed; with County Attorney Scott Knox responding that the criteria of the Ordinance be met. Commissioner Scarborough stated it is a matter of meeting the legal requirements.

Commissioner O'Brien stated the Board has heard all the evidence, and it is time to move on.

Commissioner Scarborough inquired if the Board needs to put something in the record before making the motion; with Mr. Knox responding no.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Temporary Use Agreement with Sprint PCS for temporary portable tower (COW) on Orlando Utilities Commission's property adjacent to Grissom Parkway for a maximum period of one year.

Commissioner Higgs inquired if the motion is for a one-year period; and stated it was envisioned that six months would be enough. Jack Kirschenbaum, representing the applicant, advised six months would be more than enough.

Motion restated by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Temporary Use Agreement with Sprint PCS for temporary portable tower (COW) on Orlando Utilities Commission's property adjacent to Grissom Parkway for a maximum period of six months. Motion carried and ordered unanimously.

Mr. Kirschenbaum advised he submitted a draft agreement to the County Attorney as required.

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING SECTION 210-1, LIGHTING ON TOWERS AND ANTENNAS

Community Development Administrator Peggy Busacca stated the Code currently requires that all structures which are greater than 60 feet in height be equipped with some lighting as approved by the Mosquito Control Director, but there is no need to have all structures lit; and the recommendation is to only address towers and antennas which are between 60 feet and 200 feet. She stated the purpose of lighting the towers is because Mosquito Control flies very low and does not always see the structures that are not lit; and ten towers have been identified which would be required, under the current wording of the Ordinance, to be retrofit and lit. She stated as towers are requested in the future, Mosquito Control will review them; and suggested that towers from 60 feet to 100 feet be equipped with a single red light on the top of the structure, and towers between 100 feet and 199 feet be lit with dual red lights, one at mid-height and one at the top.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to grant permission to advertise an ordinance amending Section 210-1 of the Code of Ordinances relating to lighting on towers and antennas.

Commissioner O'Brien recommended staff look at the reasoning behind having two lights for anything over 100 feet; 100 feet is not very tall; and this would double the expense. He stated most towers that are 300 feet tall only have one light; and if the County requires two it may be overkill. He suggested a white strobe or blinker during daylight hours for towers over 100 feet, or if there is failure of the red light. Ms. Busacca stated staff will report when it brings the ordinance back.

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

DISCUSSION, RE: ESTABLISHMENT OF MINIMUM MAJORITY LEVEL FOR MIMS WATER CUSTOMER POLL ON WATER FLUORIDATION

Commissioner Scarborough polled the Board regarding the minimum majority level of residents who want fluoridation in their water; with Commissioners Higgs and O'Brien responding 50% plus 1, and Commissioner Cook and Chairman Voltz responding 75%.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to establish a 60% minimum majority approval level from the mail-in survey to Mims water customers to proceed with the concept of fluoridating the Mims Water System. Motion carried and ordered unanimously.

APPOINTMENTS, RE: LOCAL HEALTH COUNCIL OF EAST CENTRAL FLORIDA

Chairman Voltz stated there were good applicants whose applications came in late, such as Thomas Shipley and Mary Ann Feldheim.

APPOINTMENTS, RE: LOCAL HEALTH COUNCIL OF EAST CENTRAL FLORIDA (CONTINUED)

Commissioner Higgs inquired if there was a cut-off date; with Housing and Human Services Director Bernice Jackson responding yes. Ms. Jackson advised the two before the Board were on time, and two additional ones did not make the deadline. Commissioner Higgs stated the three individuals who have served have done so well, attending meetings regularly, and contributing to the function of the Council; and while there are two fine applicants, she is satisfied with the service from the current appointees.

Chairman Voltz stated she has not heard any complaints, but it is nice to get new people involved in the community.

Commissioner Scarborough recommended keeping the existing appointees.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to appoint Arthur Lamar, Lotte Lopez and James B. Whitaker to the Local Health Council of East Central Florida for a two-year term expiring October 1, 2000. Motion carried and ordered unanimously.

RESOLUTION, RE: REVISING ROADWAY AND EASEMENT IMPROVEMENT PERMIT APPLICATION FEES

Assistant Public Works Director Ed Washburn stated the roadway and easement improvement permit application fees have not been updated since 1990.

Chairman Voltz inquired if the Board has gone through the budget process with the proposed fees; with Mr. Washburn responding affirmatively.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to adopt Resolution revising fees for roadway and easement improvement permit applications.

Commissioner Cook stated although he agrees with most of the fees some seem excessive.

Chairman Voltz called for a vote on the motion. Motion carried and ordered; Commissioners Scarborough, O'Brien, Higgs, and Voltz voted aye; Commissioner Cook voted nay.

RESOLUTION, RE: CONSIDERATION OF TAX ABATEMENT APPLICATION FROM IMAGE- GUIDED NEUROLOGICS, INC.

Chairman Voltz stated Image-Guided Neurologics, Inc. is currently in St. Paul, Minnesota; it is considering relocation to Melbourne; and it plans to hire 34 employees averaging between $45,000 and $55,000 when fully operational.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to adopt Resolution stating Image-Guided Neurologics, Inc. is a qualified new business; requesting the Property Appraiser provide the Board with a report; requesting the Economic Development Council conduct an economic analysis and provide the Board with a recommendation; and authorize publication of a public hearing to consider adopting the exemption ordinance.

Commissioner O'Brien stated economic development is becoming the economic engine for the County; and reiterated the statistics for Image-Guided Neurologics, Inc. He advised of other firms approved last week totaling over 127 jobs; and stated at the rate it is going, it may be possible to sustain the diversity of the County's economy. Commissioner Cook stated the key is creating an atmosphere where people want to move to the County.

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

DISCUSSION, RE: ECONOMIC DEVELOPMENT TAX ABATEMENT PROGRAM GUIDELINES

Commissioner Higgs stated this issue was supposed to come up at the next meeting. Economic Development Director Greg Lugar advised it will be done at the October 6, 1998 meeting.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to postpone consideration of changes to the current Tax Abatement Program Guidelines to October 6, 1998.

Commissioner Scarborough spoke in support of an additional increment and rating for higher wages than 15%; and advised of the advantages to the County.

Commissioner Higgs stated if a corporation has ten employees at an average wage investing $249,000, it will qualify for 75% exemption for five years; she is not sure that is the reward system the Board wants; and the Board should give incentives to above-average wages. She noted a building will cost over $250,000 in almost every case.

Commissioner Cook stated the County runs the risk of becoming elitist; and advised of the need for $25,000 a year jobs. He stated there are small manufacturing businesses that may have to start out paying lower wages, but which could grow; the intent is to create an atmosphere where high-paying jobs will come to the community; but he does not want to penalize the small business.

Chairman Voltz stated a lot of people will never go on to higher salaried jobs; it is necessary to keep them employed; and the low and medium-paying jobs are just as important.

Discussion ensued on only rewarding manufacturing businesses with above average wages, being fair to all businesses, the wording of the referendum, incentives for small manufacturers, service sector jobs, technology jobs, reputation of County, going back to referendum to redefine the program, number of employees and length of exemption, actions limited by referendum, disincentives to small companies, need to look at the numbers, and abatements for other than manufacturing businesses.

County Manager Tom Jenkins stated this issue will come before the Board on October 6, 1998; the EDC will provide recommendations; and there will be opportunity for discussion at that time.

The Board reached consensus to postpone consideration of the Economic Development Tax Abatement Program Guidelines to October 6, 1998.

RESOLUTION, GRANT APPLICATION, ASSURANCE FORM, FUNDS FROM LOCAL OPTION GAS TAX, AND AMENDMENT TO BUDGET, RE: TRANSPORTATION DISADVANTAGED PROGRAM FUNDS

Motion by Commissioner Cook, seconded by Commissioner Higgs, to adopt Resolution and execute Trip & Equipment Grant Application and Standard Assurance Form with Florida Commission for the Transportation Disadvantaged in order to receive $817,750 to fund the County's Transportation Disadvantaged Program; and authorize the Chairman to execute the standard follow-up grant agreement upon approval by the County Attorney and Risk Management. Motion carried and ordered unanimously.

RESOLUTION, RE: ESTABLISHING MINIMUM SPECIAL TRIP RATE FOR SCAT

Chairman Voltz stated this will set the Space Coast Area Transit's Special Trip Rate at $25 per hour and $0.70 per mile which is a 6.9% increase over the existing rate.

Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to adopt Resolution establishing the minimum Special Trip Rate for Space Coast Area Transit effective October 1, 1998. Motion carried and ordered unanimously.

APPROVE TRANSFER OF FUNDS, RE: DR. MARTIN LUTHER KING, JR. LIBRARY

Facilities Construction Director Samuel Stanton explained why the project came in higher than what was budgeted, primarily due to the increased workload of contractors at this time.

Commissioner Cook inquired how many bids were received for the project; with Mr. Stanton responding seven.

Chairman Voltz stated when the Board approved the library, she questioned why the number was so much lower than the other two libraries.

Commissioner Cook inquired if Tuscany was the low bidder; with Mr. Stanton responding yes, and the company has done other work for the County. Mr. Stanton noted three bids were very close.

Chairman Voltz inquired about change orders increasing the bottom line of the bid; and stated she would like to see the other bids because she does not want someone to artificially bid low and make money on the change orders. Mr. Stanton stated staff looks for things like that, but so far it has not had that situation. Commissioner Cook stated the Board does not want to see a lot of change orders. Chairman Voltz requested a comparison with the other bidders.

Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve transfer of an additional $210,976 to the Dr. Martin Luther King, Jr. Library construction project as follows: $147,043 from Martin Luther King, Jr. Capital Reserve, $42,578 from the South Mainland/Micco Capital Reserve, and $21,355 from Library Services Contingency. Motion carried and ordered unanimously.

Commissioner Scarborough stated except for the top bid, the bid field was tight; and the bid package was good.

Chairman Voltz inquired if any of the others had gotten the bid, would it have been necessary to come up with the additional $200,000. Mr. Stanton advised it would have been more.

RESOLUTION, RE: APPROVING TRANSFER OF SOLID WASTE DISPOSAL ASSESSMENT FUNDS TO GENERAL FUND FOR LANDS PURCHASED FOR CENTRAL DISPOSAL FACILITY AND SARNO ROAD LANDFILL

County Manager Tom Jenkins advised the Board, based on a recommendation of Financial Advisor Tom Holley, directed staff to get an appraisal; the firm of Callaway & Price, Inc. gave an appraisal of $5.2 million; and that is the number, divided by five years, that is included in the budget. He stated the County Attorney has written a legal opinion advising this is acceptable.

Commissioner Cook inquired if there were any comments from County Finance; with Mr. Jenkins responding those were faxed to the Commissioners. Commissioner Cook inquired if they were in concurrence; with Mr. Jenkins responding County Finance indicated originally Post Buckley Schuh & Jernigan gave an estimate that was less than the Callaway & Price, Inc. estimate; but staff believes Callaway & Price, Inc. is more qualified to give the estimate. Commissioner Cook inquired where is Callaway & Price, Inc. from; with Solid Waste Management Director Richard Rabon responding Vero Beach. Commissioner Cook inquired how big was the difference in the two appraisals; with Mr. Rabon explaining the reason for the difference in the appraisals. Mr. Rabon stated the addendum to the appraisal is a more accurate reflection of the capacity. Commissioner Cook inquired if the County Attorney has any problem with this; with County Attorney Scott Knox responding no.

Motion by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution approving purchase by the Solid Waste Department of lands originally purchased from General Fund revenues for Solid Waste disposal at the Central Disposal Facility and Sarno Road Landfill. Motion carried and ordered. Commissioners O'Brien, Higgs, and Voltz voted aye; Commissioners Scarborough and Cook voted nay.

PERMISSION TO ISSUE OPEN PURCHASE ORDERS, RE: APPROVED VENDORS OF RECORD FOR FY 1999

Purchasing Manager Joellen Moore stated this will save staff from coming back to the Board over the year to ask for permission to purchase from the approved vendors. Commissioner Cook inquired if there is a cap; with Ms. Moore responding no, but the estimated amounts are given. Commissioner Cook recommended the estimated amounts be caps. Ms. Moore stated if it exceeds the estimated amount, staff can come back to the Board. Chairman Voltz suggested the items be put on the Consent Agenda. County Manager Tom Jenkins stated if the estimated amounts are exceeded, staff will come to the Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve the use of listed vendors of record; authorize issuance of blanket purchase orders, or in lieu of purchase orders, authorize the Chairman to execute contracts exceeding $35,000 with those vendors; approve competitive action in the event of unforeseen changes to the approved vendors and/or cooperative purchasing programs; and stipulate that listed estimates will serve as caps, and staff will be required to come back to the Board if purchases exceed those amounts. Motion carried and ordered unanimously.

APPROVAL, RE: EXPENDITURES FOR FLORIDA PETROLEUM REPROCESSORS SITE

Commissioner Cook inquired if the County Attorney recommends the requested action to approve up to $100,000 for Board participation in PRP group for Florida Petroleum Reprocessors Site. Commissioner Higgs inquired if the Board needs to approve the full $100,000 or could it approve up to $50,000 and have staff come back when it gets close to that. County Attorney Scott Knox responded the reason it was up to $100,000 was to allow the flexibility not to come back to the Board for repeated requests; and $50,000 is okay, but the expenditure will be close to $100,000.

Solid Waste Management Director Richard Rabon stated a number of entities, including the County, transported used oil to the facility for recycling; there was contamination; the site was designated by the EPA for clean-up; and a group has been formed with those entities that also carried oil there to clean up the site. He stated most of the negotiations with the EPA have gone forward, and they know what they need to do; the money is for the actual clean-up; and the County's share will approach $100,000. He stated after the clean-up the group will seek, through its common counsel, reimbursement of the clean-up cost from those who were not part of the group; and while up to $100,000 may be expended now, a significant portion will be recouped.

Commissioner Cook stated years ago the County contracted with this particular firm which was licensed and had all the certifications; the County sent waste there; later it was determined to be a toxic waste area; and it comes back to the County. He stated a number of counties are affected by this; and they end up with the liability because it was not operated correctly. Mr. Rabon stated there were numerous counties in Florida and large companies involved. Commissioner Cook inquired if this will save the County money, and it will be able to recoup its expenditures; with Mr. Rabon responding hopefully.

Commissioner Higgs recommended a $50,000 cap.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve up to $50,000 for Board participation in the PRP group for Florida Petroleum Reprocessors Site; and direct staff to come back to the Board if additional funds are needed. Motion carried and ordered unanimously.

STAFF REPORT AND DIRECTION, RE: SIGN REGULATIONS

Chairman Voltz stated she hopes the Board's direction will be to put this to bed.

Commissioner Scarborough stated this evolved from the County Attorney's office trying to respond to political signs; staff had input from the sign companies; and the Board did not comment. He stated a committee worked reconciling what staff put together in the original Ordinance; what the Board has today is not like the original; and it is a model ordinance to make sure Brevard County is not an eyesore when other counties go in the other direction. He noted there are 60 new ordinances being promulgated by different areas; and there is aggressive action in the State.

Commissioner Cook stated the County has a good Ordinance, but there is always room for improvement. Commissioner Scarborough stated the County does not have a good Ordinance. Commissioner Cook stated the proposed ordinance from staff increased the size of billboards, and the Board rejected that proposal; and the intent is to make the Sign Ordinance better and stop the proliferation of signs that create an eyesore in the community.

Chairman Voltz inquired what happens to billboard businesses when all of the municipalities and counties outlaw billboards; and stated this will put an entire industry out of business. Mr. Knox stated when he represented sign companies, they were litigious. Chairman Voltz stated amortizing is saying that ten years down the road the companies will be out of business. Mr. Knox noted sometimes the companies will live with that until time to remove the billboards, and then will sue; and they will fight to keep the billboards. Commissioner Higgs inquired who has won; with Mr. Knox responding it depends on how it is done.

Commissioner Cook stated it is legal to have areas set aside where there are no billboards, but in order to get rid of them completely, it would be necessary to amortize over ten years. Mr. Knox responded it is necessary to give some time to recoup their investment.

Chairman Voltz stated there are places, such as I-95, for billboards; and the Board needs to recognize that there are legitimate places for the billboards.

Commissioner O'Brien advised of signage on SR 528 for the new terminal at Port Canaveral; and stated there was no coordination with other governmental entities. He stated there are many illegal billboards on SR 528 that the County is trying to take down to make it look better for tourists; now the Port has put up signs that are bigger than the billboards; and it is almost a losing battle. He advised he wrote a letter to the Port requesting it take some of the signs down or reduce the size; but he has not received a response.

Commissioner Scarborough stated the Board is not opposed to signage; areas where the property values are higher have lower scale signage; and legitimate businessmen need signage, but they do not want signage that becomes visual blight. He commented on proliferation of signage, the Board's need to create a positive business sense in the community, and working with the Chambers of Commerce.

Chairman Voltz stated Commissioner Scarborough stated there are too many signs in one area, but businesses are all in one area; and inquired if there is more than just a signage problem. Commissioner Scarborough stated it is the size of the signage which is overwhelming; certain signage is reasonable and works; and businesses want to have reasonable signage. He inquired if staff was going to make a presentation today; with Bruce Moia responding no. Commissioner Scarborough recommended staff take this to the various clubs and Chambers of Commerce to get a consensus in the business community about signage; and stated the Board has only been responding to the sign companies as opposed to the legitimate business community. He advised of the work of the Titusville Visioning Committee; and stated this is an opportunity to see if it works in the greater Brevard County community. Chairman Voltz requested staff give each Commissioner the presentation before going to the local groups. Commissioner Scarborough stated the issue can come back for discussion on how to proceed to take this to the community.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to direct staff to make slide presentations on sign regulations to all Commissioners, and bring the issue back to the Board to determine how it will present the proposed ordinance to community groups.

Commissioner O'Brien stated this is a money driven issue; and research may reveal that some billboards pay more rent than the stores the billboards are on. He stated the County has been inundated by billboards and signs because of the amount of money involved. Chairman Voltz stated the Board should not be considering how much money someone makes on a sign. Commissioner O'Brien stated the Board cannot forget that it is a money driven issue by the sign companies. Chairman Voltz stated all business is money driven. Commissioner O'Brien stated the hotel business does not put itself in people's faces on the roads every day; and his company does not put up billboards because it does not want nor need that type of advertising. Chairman Voltz stated she agrees there are far too many billboards; but the Board needs to look at what the billboards are doing for the people they are targeted toward. Commissioner O'Brien stated billboards affect the quality of life, and it is incumbent on the Board to take a serious look at what it can do to resolve the needs of the community; and the community is asking for a substantial reduction in sight pollution.

Sondra Ball, representing Transformation Titusville, advised of the County lands abutting the City of Titusville; and explained the efforts of Transformation Titusville, the City and the Chamber of Commerce to address the visual pollution problem. She advised of the impact of visual pollution on tourism and economic development; and encouraged the Board to proceed.

Commissioner Scarborough restated his motion to direct staff to make slide presentations on sign regulations to all Commissioners, and bring the issue back to the Board to determine how it will present the proposed ordinance to community groups.

Commissioner Higgs agreed the Board needs to meet with the community and take the lead in getting some resolution of the sign issues. She stated the community will be supportive; most people believe it is possible to make a more attractive community through better use of signs; and the big questions will be the cost and whether the County can come up with a mechanism that is fair. Commissioner Cook noted the need for cooperation of the municipalities.

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

The meeting recessed at 10:20 a.m. and reconvened at 10:30 a.m.

Commissioner O'Brien stated the motion was to send this forward to the public for discussion; and inquired what the Board did about the ordinance.

Commissioner Cook noted that was not the motion; the motion was for each Commissioner to be briefed, and then it will come back to the Board for a decision on how to disseminate. Commissioner Scarborough stated everyone did not have an opportunity to see the slide show; and when it comes back the Board will coordinate where it will go and how. He advised of the need for community involvement and acceptance. Commissioner O'Brien advised of the importance of the issue; and stated his office has gotten very little feedback from the public. Chairman Voltz stated she has not received any complaints.

PERSONAL APPEARANCE - LEONARD SPIELVOGEL, ESQUIRE, RE: CONDITIONAL USE PERMIT FOR INDEPENDENT LIVING FACILITIES

Leonard Spielvogel stated the County has regulations concerning adult congregate living facilities; that nomenclature has been changed by the State to assisted living facilities (ALF); and his client wants to bring an independent living facility (ILF) to the County. He stated an assisted living facility means the residents require assistance; an independent living facility means the residents must be ambulatory; and someone seeking to move into his client's facility would need a doctor's certification that the person is independent and could function without medical assistance. He stated ALF is governed by State regulation; ILF is not; and requested a regulation or conditional use be developed which would allow the construction and operation of an ILF in much the same zoning categories as an ALF is permitted. He displayed a drawing of the proposed facility; and stated they propose to put the facility on property on U.S. 1 opposite Barefoot Bay. He stated their request will allow a higher density just as an ALF would have a higher density; controls and regulations are required so this is not a method of getting more density than zoning laws permit; and in the conditional use permit they are looking for regulation for such a facility. He advised of meetings with Community Services Administrator Don Lusk, Community Development Administrator Peggy Busacca, Zoning Official Rick Enos and a representative of the Florida Division of Elder Affairs; stated they hoped they might come under the jurisdiction of an ALF, but were told they would not; and the representative of the Division of Elder Affairs opined that this is something the County needs.

Chairman Voltz inquired why is it not the same as an ALF; with Mr. Spielvogel explaining the differences. Mr. Spielvogel noted the facility would be built to ALF specifications, and could be converted to that type of facility. He advised of the differences in services between assisted and independent living facilities. He advised of a meeting with various homeowner groups and staff; and there was a good response. He stated the rates would be approximately $1,400 per month, which would be fixed for five years so the residents would be secure knowing their rent would be stable for a considerable period of time. He stated the construction will exceed County specifications so that residents will not have to be evacuated; and outlined the advantages of the facility. He requested the Board consider drafting a conditional use permit if it thinks this is something that should be in the County.

Commissioner Scarborough inquired if Mr. Spielvogel envisions supervision of the facility through the County doing inspections. Mr. Spielvogel stated the ordinance should have Countywide applications; supervision is important; and it is important to assure that occupants are not abused. Commissioner Scarborough inquired if there is an agency within the County to do the supervision, or will it be necessary to create a new supervisory agency. County Manager Tom Jenkins stated several agencies could do it.

Commissioner Higgs stated she met with Mr. Spielvogel and his clients as well as attended the meeting in Grant, and has an interest in what is going on; before the Board today is a request to direct staff to develop a conditional use permit for the Board's consideration; and it is a Countywide issue. She stated the Board needs to be sure there are clear criteria for an independent living facility and that it is defined carefully; it will be an issue where such facilities will be acceptable; and it is important to move forward with development of the ordinance.

Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to direct staff to draft an ordinance to regulate independent living facilities, and return to the Board with criteria prior to advertising a public hearing to consider the ordinance.

Commissioner O'Brien recommended staff get input from AARP and other senior groups so it will have full comprehension of the needs of the senior citizens. Mr. Spielvogel stated that is why he invited representatives of various homeowners associations to attend the meeting; and advised of future meetings to get input.

Commissioner Cook stated he would like to know what agencies would perform the inspections; it will be a profit-making facility; and requested the County Attorney provide an opinion on the County's liability if the County is involved in the regulation or permitting of such facilities. He stated the ALF's are State regulated; and he wants to know the implications. Chairman Voltz stated this may be something the State needs to regulate. Commissioner O'Brien suggested putting it in the legislative package, if the Board decides to go through with this.

Discussion ensued on protection of senior citizens, inspections, impact on the County, contacting State Legislators about regulation at State level, the zoning issue, where such facilities can be located, and conversion into apartments.

Mr. Spielvogel stated one assurance that could be built into the CUP is that the facility will not become apartments.

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

PERSONAL APPEARANCE - IRVIN CHOPE AND MOLLY ZUDELL, RE: PARTIAL RELEASE OF LIEN ON PROPERTY AT 3045 SIR HAMILTON CIRCLE, TITUSVILLE

Irvin Chope stated he and Molly Zudell purchased property at 3045 Sir Hamilton Circle through the County Court auction; he did a search, but there was no time for a title search through the proper process; and they later discovered quite a few liens against the property. He stated they knew about most of the liens, but did not realize that the law stated if there was a lien against a person on a different property, they would be responsible for it, even though they had no ability to correct the Code Enforcement infractions. He stated they took care of the County taxes and water easement; they have restored the home, put it on the market to sell, and have a buyer; and the lien is encumbering the process of the buyer being able to take title to the property, although the buyer is living in the home at this time. He stated the Code Enforcement action is on a separate property at 1790 Hallum Avenue; the debt was put on B. E. Pirtle who did not pay; there are other properties which are encumbered; and Mr. Pirtle died in 1996. He stated the fine of $50 a day was put on the assessment, totaling $13,500; the property at 1790 Hallum Avenue has also been sold for taxes; and distributed photographs showing the Code infraction has been corrected by the new owner. He requested partial release of lien on the property; advised he knew of Mr. Pirtle's death; the debt could be paid from the proceeds of the sale of Pirtle Plaza; and all he is asking for is that the proper person pay the debt.

Commissioner Cook inquired if Mr. Chope and Ms. Zudell are requesting a reconsideration of the Special Master's recommendation. Mr. Chope responded the Special Master's recommendation was to accept it, and he was not aware there would be another meeting. County Manager Tom Jenkins stated staff failed to notify the individuals the Board would be discussing this; the Board discussed it, and Mr. Chope and Ms. Zudell were not present; and staff felt an obligation to put it on the Agenda again. Mr. Chope advised of lack of notice for the meetings and release provided so they could get a loan; and stated a year ago, they were under the assumption this was taken care of, and did not know there was a problem until they had buyers.

Commissioner Scarborough inquired if the lien is only being released on the particular parcel, and there are other ways to collect the lien. Code Compliance Director Billy Osborne responded that was the recommendation of the Special Master. Commissioner Scarborough inquired if there is likelihood that it will be collected; with Mr. Chope responding Mr. Pirtle owned numerous properties, and named several which have been sold. Commissioner Scarborough inquired if staff disputes any of the facts that there are other assets the lien is attached to; with Mr. Osborne responding no. Commissioner Scarborough stated if the County is not denied the compensation, he does not see how the taxpayer will be harmed; multiple errors occurred; and he would like to approve the release of lien. He noted the purpose of Code Enforcement is to bring the property into compliance; and it is in compliance.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to grant the request of Irvin Chope and Molly Zudell for partial release of lien as recommended by the Special Master, specifically the portion of the lien that encumbers the property at 3045 Sir Hamilton Circle, Titusville.

Commissioner Higgs inquired how will the County collect the $13,048 if the individual properties are allowed to be released; with Mr. Osborne responding the particular property recommended for release today is in the City of Titusville, and all the other properties are located within the County. Commissioner Higgs inquired how will the County get its money; and stated there should be some equitable distribution of the $13,048 fine. Staff advised when a lien is put against one piece of property, if there are other properties, they are attached as well; and this will be a partial release on the particular property. Commissioner Cook stated the other properties still have liens. Commissioner Higgs noted if the other owners come in individually for partial release, then the liens will all be gone, and the County will not get its money. Commissioner Cook stated there are numerous properties, and the Board would have to approve releasing all of them. Commissioner Scarborough stated the motion is not to release all of the properties, only one; and suggested dealing with the property before the Board now, and direct staff to report on a methodology to seek collection on the other properties. He stated his motion is the recommendation of the Special Master who spent time studying the issue; he has no reason to believe that the series of events did not lead to some confusion for Mr. Chope and Ms. Zudell; and under the circumstances the lien is protected. He noted this can be tabled if the Board desires to get the report; but it appears the money could easily be collected from multiple other properties. Commissioner Higgs stated she cannot support releasing the lien until she understands how the County will collect its money.

Mr. Chope stated Mr. Jones is the attorney for the estate of Mr. Pirtle; the estate has the funds to pay off the debts; and the County only has to request the funds.

Commissioner Higgs stated if staff will verify that is how the County will get its funds, she will be happy to deal with Mr. Chope's situation.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to amend the motion to direct the County Attorney to report to the Board on methodology to collect outstanding liens; and to grant the request of Irvin Chope and Molly Zudell for partial release of lien as recommended by the Special Master, specifically the portion of the lien that encumbers the property at 3045 Sir Hamilton Circle in Titusville.

Chairman Voltz stated the applicants have cleaned up the property which is the result the County wants. Commissioner Cook noted the Special Master spent a significant amount of time looking at all the issues; it is a $13,000 lien on a property that is appraised at $25,000; and the property has been cleaned up. Commissioner O'Brien stated he is not sure this is the property that was being fined by Code Enforcement; and a lien was put on all of the properties, hoping that when one was sold, the County would receive its fine. Commissioner Cook stated this is not the property with the violation. Commissioner O'Brien stated if Mr. Chope and Ms. Zudell had enough money to buy the property, they should have enough to pay the fine; with Chairman Voltz disagreeing. Commissioner Cook reiterated this is not the property with the violation; Mr. Pirtle owned numerous properties valued significantly higher than Mr. Chope's property; there has been a lot of confusion; and the property has been brought up to standards and improved the neighborhood. Commissioner O'Brien advised this is not the property that was being fined; with Commissioner Cook stating that property has been cleaned up.

Mr. Chope explained the picture of the property is the one that has the Code infraction, but he does not own that property; and he purchased a separate property.

Commissioner Cook withdrew his second.

Commissioner Scarborough stated all the property is liened; Mr. Chope and Ms. Zudell did not get the advice they needed to fully check this out; and the Special Master recommended partial release of the lien. He stated there has been confusion; the Board is trying to correct things; and everyone is going to come out okay.

Commissioner Cook seconded the motion.

Discussion ensued on the original property that was fined, property owned by Mr. Chope, value of the properties, waiving fines, collection of fines, reason for Special Master, fairness to Mr. Chope and Ms. Zudell, and need for understanding of tax sale process.

Chairman Voltz called for a vote on the motion. Motion carried and ordered. Commissioners Scarborough, Cook, and Voltz voted aye; Commissioners O'Brien and Higgs voted nay.

PERSONAL APPEARANCE OF RICHARD TORPY, RE: SIGNAGE PROBLEM

Richard Torpy, representing Maria Armanno, stated Mrs. Armanno owns commercial property at 158 East Merritt Island Causeway; he has spoken with the County Attorney concerning interpretation of the Sign Ordinance; there is agreement on the interpretation; but staff requested he appear before the Board to get its concurrence. He stated Mrs. Armanno has owned the property in excess of 40 years; and it has been used as a commercial rental property; and for 40 years there has been a billboard on the property, although 25 to 30 years ago, the billboard was moved from one side of the property to the other. He stated the property has signs which are not in compliance with the current Sign Ordinance; there is a pole sign that is too close to the curb; and there are signs on the building which are in compliance. He stated the building was rented until recently when it was vacated; Mr. and Mrs. Capritta rented the property from Mrs. Armanno for a new business; and as part of the process they applied to bring the signs into compliance, but were denied the permit for the signs because of the billboard. He stated the issue raised by the County was that because the billboard could not be a shared use, it is a non-conforming structure; and the complication is that the County will not issue a sign permit until all signs are brought into compliance with the current Ordinance. He stated the billboard is technically under the Sign Ordinance, but it is fine except that it has been on a property where it should not be for many years and is a classic non-conforming use. He requested a permit to bring the other signs into compliance so the building can be used; and stated they cannot even put signs on the building right now because of the change of tenant.

Commissioner Cook inquired if the pole sign in front will come down; with Mr. Torpy responding it will, but a new one will be put in its place in accordance with Code.

Commissioner Scarborough inquired what will the new pole sign look like; with Tom Capritta responding it will be like the Maytag store on U.S. 192. Mr. Capritta advised it is a single pole sign that will be approximately 64 square feet. Commissioner Scarborough inquired how large is the current pole sign; with Mr. Capritta responding 64 square feet, but the dimensions are different, and it will be closer to the building.

Mr. Torpy requested concurrence of the Board to allow the signs to be put on the building. Commissioner Scarborough inquired what action needs to be taken; with Mr. Torpy responding he is not sure because he believes the permit can be issued. County Attorney Scott Knox stated there is a committee that discusses interpretations of the Zoning Code; this interpretation was based on Section 62-3304.2; and while he agreed with Mr. Torpy, he was overruled 3-1. He stated the Ordinance says no conforming sign or advertising structure shall be permitted to be erected on the same place of business with an existing non-conforming sign until the non-conforming sign has been removed or made conforming; he read that as being a one-for-one exchange; if someone had two non-conforming signs, they could replace one with a conforming sign while still maintaining the other; but the others on the committee believed it was all non-conforming signs.

Commissioner Scarborough inquired which is the non-conforming sign; with Mr. Knox responding they are both non-conforming. Commissioner Cook stated the front sign will come down; and it could be argued that the billboard is not attached to the building although it is part of the same property. Mr. Knox agreed it could be argued to be a separate structure and separate location.

Mr. Torpy stated it is not a sign, but a structure; and if there was an out-building on the same parcel that was non-conforming, it would be the same problem. He stated Mrs. Armanno cannot rent her property because if someone wants to put signs up for their business, they cannot do it under a strict interpretation of the Ordinance; and she has a lease with the billboard company.

Commissioner O'Brien stated this structure is on SR 520; that community has spent millions of dollars in redevelopment trying to remove blight from the highway; it is a main corridor through Merritt Island to the beaches; and the billboard should not be able to share use. He noted a similar problem at Ray's Tires and Triangle Auto; it is 40% damaged at this time; and if it becomes 51% damaged, it will come down and stay down. He stated the Ordinance was written to bring signs into conformity throughout the County; and he cannot see why the Board should allow this to be non-conforming. He advised of community efforts to remove unsightly things on that corridor.

Mr. Torpy stated the same argument could be made about the building itself; there are situations where something was allowed 40 years ago, but now the rules have changed; and that is what non-conforming uses and grandfathering provisions are all about. He stated Mrs. Armanno has changed nothing; there was a tenant, and now she wants to put another tenant in; and the problem under the interpretation is that Ms. Armanno would be required to either stop renting the building because no one would rent it if they could not put a sign up, or breach a lease and take down a billboard. He noted Mrs. Armanno does not have a lot of control over either situation; some day the building will be sold; the County is getting what it wants in terms of the signs being fixed; but it is more difficult to remove a structure. He stated he appreciates the desire to upgrade the corridor as attrition occurs, but Ms. Armanno has relied on this as part of her livelihood for many years; and she is one of those residents who has put time and money into the community. He stated Mrs. Armanno should be allowed to continue the use until she decides to change the use.

Chairman Voltz stated she does not want to see anyone stopped from renting their property because of something the Board is doing.

Commissioner Cook inquired how long has the pole sign been there; with Mr. Torpy responding as long as the building has been there. Commissioner Cook stated that would not have to come down; with Mr. Torpy responding the Ordinance says before a permit can be issued, non-conforming signs must come down; that sign, under the Ordinance, must be moved and made in conformance; and they are going to make it conforming. Commissioner Cook inquired what permit is needed since the sign has been there for 40 years. Mr. Torpy stated if the sign was acceptable to paint, it could stay; with Commissioner Cook advising it is not the sign they want. Commissioner O'Brien stated they have the signage if they want it; it will have to come into conformance; and if a motion is required, he will make one.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to direct that all signs be brought into conformity with the Sign Ordinance.

Chairman Voltz inquired if the sign will come down, and a conforming sign will be put there; with Mr. Torpy responding yes, but the billboard is going to remain.

Commissioner Cook stated under the Ordinance the sign may not have to come down because it is a non-conforming use. Mr. Torpy responded it does not, but they are willing to do it anyway.

Discussion ensued on clarification of the motion, inability to compel the owner to tear down the signs, separate contract for the billboard, commercial property with different contracts viewed as a whole, and conflict with intent to improve the appearance of Brevard County.

Commissioner Scarborough stated he has to take the recommendation of staff. Mr. Torpy advised the staff recommendation is to allow the new signs to be put up. Mr. Knox noted that was his recommendation, not staff's; and the 3-1 vote was to remove both signs.

Commissioner Cook requested a legal opinion. Mr. Knox stated the Ordinance says no conforming sign is permitted unless the non-conforming sign is removed; and he takes that to be singular, a one-for-one exchange. He stated the interpretation that has been given to it for years, which the majority agreed should stay in effect, is that all non-conforming signs have to come down in order to get the conforming sign permit. Commissioner Cook reiterated no permit is necessary. Commissioner Cook stated he would like to have the non-conforming signs come down, but he does not know what kind of legal exposure there would be; the sign, the billboard, and building have been there 40 years with the same owner; when the ownership changes there is a legal basis to require everything to come up to standards; but inquired if this is non-conforming under the Code, can the County require them to tear down the billboard and sign. Mr. Knox stated the County can require that if the interpretation stands. Commissioner Cook stated all the Board is denying is putting up a new sign which would be more conforming, but they can use the non-conforming sign. Mr. Knox stated that was his argument, that it would be a more conforming situation. Commissioner Cook stated the old signs will stay because it is a non-conforming use; and if the Board grants the request, it will get a more conforming sign.

Chairman Voltz stated it makes sense to have part of the property more conforming. She noted the billboard is an eyesore; and that is something that will be dealt with when ownership changes hands. Commissioner O'Brien stated that could be 50 years from now. Commissioner Cook suggested checking on the contract on the billboard to see when it expires.

Mr. Torpy stated the Board cannot just say to tear down the billboard; the County could do a study, and adopt a Code requiring the removal of certain non-conforming signs within a period of time; but it has not done so. He stated things get better incrementally, not all at one time; if the County wanted to make the corridor beautiful all at one time, it could condemn the properties to make it happen, but that is not economically feasible; and so, there is a Code that will cause incremental improvement over time. He stated that is what is happening in the case before the Board; there will be more attractive signage on the building complying with the Ordinance if the request is approved; and if not, the building will have the same signage for another 40 or 50 years. He stated by approving the request, the Board is taking steps in the direction it wants, to make it better; at some time, Mrs. Armanno is going to sell the property, and then the Board will get everything it wants; but the County cannot force it now without an amortization schedule.

Commissioner Higgs stated the Code says no non-conforming sign or advertising structure shall be permitted to be erected on the same place of business with an existing non-conforming sign until the non-conforming sign has been removed or made conforming. She requested an elaboration on the interpretation of the law. Community Development Administrator Peggy Busacca stated the Ordinance definition of "sign" is any permanent or temporary device, including but not limited to, writing, pictorial representations, emblems, symbols, logos and flags which is used to inform, attract attention, or advertise, and which is readily visible off the premises upon which the structure is located; "advertising structure" includes billboards; and "billboard" is defined as meaning any off-premises sign. Ms. Busacca stated a billboard is defined as a sign; and the Ordinance says all signs have to be brought into compliance before a new sign may be erected.

Chairman Voltz stated if there is a shopping center with 15 different stores and one is non-conforming, then the Board is saying the rest of the businesses will not be able to change their signs because of the one non-conforming sign. Ms. Busacca advised staff reviewed the Board's previous action, and what the Board talked about was signs that were actually attached to the building and in strip centers; and the Board direction was to require that all signs on a particular business which are attached to the building must come into compliance all at once in a strip center; however, Mr. Torpy's situation does not fit the criteria because the sign is not attached to the building, nor is it in a strip center. Chairman Voltz stated it just makes sense; and if the goal is to bring things into conformance and it can be done incrementally, that is what the Board should head for rather than trying to blast the whole thing at one time.

Commissioner Cook stated there are legal constraints; the desire is to bring it into conformity as soon as possible; and read from the Code, "no non-conforming sign shall be permitted or erected on the same place of business with an existing non-conforming sign" and "a non-conforming permit sign shall not be modified in such a way that would increase the non-conformity of the sign." He stated what is being proposed by Mr. Torpy is not adding another non-conforming sign, but making a non-conforming sign conform to the Code; and that is positive. Ms. Busacca stated staff did not disagree that this would be positive over the existing situation; but the staff disagreed on whether the Code would permit it. Commissioner Cook stated Mr. Torpy is not proposing a non-conforming sign, but making one conforming; and he is not sure the Code applies.

Mr. Torpy stated he is not talking about another attached sign or one that advertises the business or property; the County put billboards into its Sign Ordinance, but the billboard in question is not a sign that advertises the business; and there are two uses on the property, a billboard and a commercial structure. He requested the County Attorney advise if the Board can stop the owner from a previously lawful use right now; and stated everyone knows the Board cannot do that, but it is what it is asking to do. He stated the signage on the building will be conforming; the billboard use will be non-conforming; and that is the way the Code should be interpreted, or the Board should amortize billboards out or compensate for them. Chairman Voltz advised the Board is working on that. Mr. Torpy stated that is something the Board can do, but it has not been done yet.

Commissioner Cook stated the two choices are to live with what is there and not issue any permits or accept the recommendation to allow them to change the sign out front; and inquired which option Commissioner O'Brien prefers. Commissioner O'Brien stated the Redevelopment Agency has made an effort in the last nine to ten years to remove blight and unsightliness from SR 520; millions of dollars were spent to accomplish the task; and he firmly believes the billboard should be removed. He stated the sign in front is conforming; the white sign can stay; and anyone wanting to run a good business will make the sign nice to show off the product being sold. Commissioner Cook stated what he is hearing from the attorney is that the County cannot require them to tear down the billboard from a legal standpoint. Commissioner O'Brien inquired what does the County Attorney suggest. Mr. Knox stated there are two non-conforming signs; if the Board denies the interpretation Mr. Torpy is suggesting, there will still be two non-conforming signs; if it changes the interpretation to conform to Mr. Torpy's suggestion, there will be one non-conforming sign which would be the billboard; and the Board can still pass a regulation at some time down the road when it considers amortization of billboards that could possibly eliminate the billboard. He stated the Board can adhere to the staff opinion that says having to remove the non-conforming sign means all non-conforming signs on the property; if Mr. Torpy wants to get a sign permit to put up a conforming sign, he will have to knock down all the non-conforming signs; and if he does not want to do that, the County will be stuck with two non-conforming signs.

Commissioner O'Brien stated there is a halfway point; the contract on the billboard has a time limit; and the Board can say when the contract expires, the sign will be totally non-conforming and must be taken down. Chairman Voltz stated Commissioner O'Brien is right; but the Board needs to look at that when it does amortization of billboards. Commissioner Cook stated he would agree; Commissioner O'Brien has a good suggestion; and the Board should look at it with all non-conforming billboards. Commissioner O'Brien stated the entire County has spent a lot of money on beautification; every effort is being made to make the community look good; but the Board is trying to find a way to leave the billboard up which will add to the blight in the neighborhood; and he is trying to find a way so the Board can start approaching its next goal. Chairman Voltz stated the Board is talking about doing this a little at a time.

Mr. Torpy stated how an area appears is critical; and he understands Commissioner O'Brien's point; however anyone coming in will want to advertise their product with a nice sign, which is Mr. Capritta's intention. He stated Mr. Capritta will take down the pole sign and make it look nice as well as legal, and he is going to improve the look of the building. He advised of the appearance of Capritta Maytag on U.S. 192; and stated Merritt Island is going to get a building that is going to look much nicer from the street, a sign that will not only look prettier but be conforming; and the only thing left is the billboard. He stated if the Board does not take this position, the billboard will not be taken down; even if the contract expired tomorrow, the billboard could remain because there is no law in place to force its removal; and all that everyone will wind up with is a non-conforming sign that looks prettier. He noted Mr. Capritta can opt out if the Board does not approve; he will not take the place due to certain requirements of the franchise; and someone with less ability to fix up the commercial site may lease it.

Commissioner O'Brien inquired if Mr. Capritta is trying to buy the building; with Mr. Torpy responding no, he has an option in the lease which would allow him to get out because of the signage issue. Mr. Torpy stated the national franchise has certain requirements for the appearance of signs; and if Mr. Capritta cannot do this, he may have to find another location. Commissioner O'Brien inquired why is the billboard so important; with Mr. Torpy responding because it has been there for 40 years and is part of Mrs. Armanno's income.

Commissioner Cook stated if Commissioner O'Brien wants to get rid of non-conforming billboards, the Board should do so; but the County Attorney advises there has to be an ordinance to address it, and it has to be amortized over a certain period of time to comply with all the legal requirements. He stated he would be happy to look at non-conforming billboards and set up a schedule that could withstand a challenge in court; but it would be better to get a conforming sign at this location rather than a non-conforming sign, and then address the billboard as a separate issue to come back to the Board. Chairman Voltz stated that will accomplish what Commissioner O'Brien wants. Commissioner Cook agreed; and stated Commissioner O'Brien wants to get rid of the billboard, and he understands why.

Commissioner Higgs stated staff's interpretation was correct; she is willing to table it to see if there is some way for staff and Mr. Torpy to work this out as a package. Mr. Torpy stated he needs a yes or no because Mr. Capritta cannot wait, and his client will lose a tenant; and advised the item was rescheduled at his request. Commissioner Higgs suggested Mrs. Armanno give another seven days; with Mr. Torpy responding it is not Mrs. Armanno's issue. Mr. Torpy stated Mr. Capritta is in the process of gearing up; he agrees with Commissioner Higgs that the Ordinance is not clear, and is subject to interpretation; and there are some vague issues.

Chairman Voltz stated the Board cannot pick and choose when to take the County Attorney's opinion and when to take staff's opinion; and the County Attorney defends the Board, but staff does not. Mr. Torpy stated it is a little more than that.

Commissioner Higgs stated she can take different opinions because she has listened to attorney's opinions over the last few weeks ad nauseam about how to interpret certain things, and attorneys can be wrong. She stated in this instance, it is an interpretation she can lean on in another way, and will vote not, but if the applicant is willing to wait a week, maybe something can be worked out. Mr. Torpy stated he understands Commissioner Higgs' position; and he was not saying whose opinion to take. He stated the Ordinance is somewhat confusing; there is an opportunity to allow something good to happen for the County to improve the look of the area; and when an Ordinance is subject to interpretation, the Board has the ability to interpret it in a way that will do something good for the County. He noted interpreting it so that it does something bad is not going to force the billboard to come down; he is a City Attorney, and has been in the position of taking a hard line to force people to do things a certain way; but this is not the set of facts that is going to allow that to happen.

Commissioner Scarborough stated if someone drove along this road, this would be the place that would be an example of why the County needs an ordinance; this is a critical juncture; there are a lot of places upholding the five-year amortizations so the County can move forward without compensating anybody; and he has no problem having this fall in there. He stated in a mall it was possible to look at individual contracts separately; and it is not a great leap of faith to go there; but the problem is whether the Board is sincere about moving forward with a complete revamping of the Ordinance. Chairman Voltz stated the Board is sincere about moving forward. Commissioner Scarborough stated the Board is abandoning all the work done by MIRA in making a statement it is going to be ashamed of; and the Board can discuss legal opinions, but someone driving by will say the County really fouled up. Mr. Torpy stated the majority of the people driving by will think the building has really been fixed up, and will not know if the sign is in the right place or the wrong place. Commissioner Scarborough disagreed; and commented on the position of the billboard; with Mr. Torpy advising he was talking about the building, not the billboard. Commissioner Scarborough stated the billboard is the issue; the Board can agree with bringing the one sign into conformity and improving the building; but the question is whether the Board says it is okay for the billboard to stay. Commissioner Cook stated he is hearing from the County Attorney that this is a non-conforming use, and while he would like to see the billboard come down, the County cannot just tear it down. He stated the Board has to address it; it can deny a permit for a new sign under the staff interpretation and not allow the change in signage; but the big problem of non-conforming billboards has to be addressed Countywide; and nothing the Board does today is going to preclude that.

Commissioner Scarborough stated Mr. Torpy brought this to the Board because he has a client who wants to do something; the Ordinance is geared to bring things into conformity; and non-conforming uses become conforming uses because people want to do things. He stated he would prefer to move through with amortization; under the law it can be upheld; and if the Board was advertising an ordinance saying that, he would let this flow; but he is in a dilemma about the statement the Board is making to the community. He stated the reason for the increasing tax base is the visual image; and it is incredible how prosperous that area is.

Commissioner Cook inquired if Commissioner Scarborough is saying to just make the owner tear down the billboard; with Commissioner Scarborough responding no, but what is being done is watering down the non-conformity concept in the Ordinance. Chairman Voltz stated she does not see how that is being done. Commissioner Scarborough stated the Board is tweaking the Ordinance here and there; and if it was going to do it across the board, he would say go ahead with this one. Commissioner Cook stated he is happy to make a motion to look at all non-conforming signs and look at an amortization. Commissioner Scarborough stated that is part of the thing that is occurring. Commissioner Cook stated the County cannot tear the sign down, and Commissioner O'Brien's motion is to tear down the sign. Commissioner Scarborough stated Chairman Voltz brought up one thing he did not consider which was the concept of breaking the commercial into separate contracts; the Board discussed it in detail; and Chairman Voltz reminded him that the individual units in a strip mall could be looked at separately. Commissioner Cook agreed the billboard has to come down. Commissioner Scarborough stated the best way is to take this a step at a time.

Commissioner O'Brien stated the Board spent more time on towers than it has on this type of visual blight, and that surprises him.

Chairman Voltz stated Commissioner O'Brien is right that the billboards do not need to be there; but suggested taking things one at a time. She stated if it is possible to improve the looks of the front of the property, that may take away from the blight caused by the billboard; and there would be an understanding that down the road, the billboard would come down.

Commissioner O'Brien inquired if someone is going to open a business, does the Board think he is going to move on in five years; stated the person will give it a try for 30 or 40 years; and the person will want to rent the building. He stated 20 years from now, the person who presently owns the building may offer it for sale to the renter, and the renter could turn him down and the billboard will not be taken down.

Commissioner Cook stated what is being proposed would at least bring one of the two non-conforming signs into compliance. Chairman Voltz stated there would be an understanding that the Board is working on the other one. Commissioner Cook suggested a motion to look at a Countywide ordinance; stated it will be subject to legal challenge if it appears to be arbitrary; and the non-conforming billboards are a problem all over Brevard County. He stated the County needs to have an ordinance that will allow a certain amortization period, whatever is legally acceptable; and all billboards in the County would have to come into conformance within a certain time period. He stated he would like to see the billboard ordinance reflect that, but the Board cannot just say tear down the billboard, and Mr. Torpy advises it is not going to come down.

Commissioner O'Brien inquired if any part of the billboard looks 40 years old; with Commissioners Voltz and Cook responding they cannot tell. Commissioner O'Brien stated it is all brand new; and there is nothing old about the sign that is old.

Commissioner Cook inquired if the Board can make a motion to tear down the billboard. Commissioner O'Brien withdrew his motion; and requested the Board make a different motion. He stated by being unwilling to go forward quickly with the Sign Ordinance, the Board is betraying everyone in the County.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to accept the proposal of Richard Torpy on behalf of his client and issue permit so that the non-conforming pole sign in front of the business can be made conforming; direct the County Attorney and staff to look at that in conjunction with other issues being considered in the Sign Ordinance and come back to the Board with provisions to address all non-conforming billboards in the County, including the one on the subject property, and an amortization schedule, and whatever is necessary to remove the billboards from the communities. Motion carried and ordered. Commissioners Scarborough, O'Brien, Cook, and Voltz voted aye; Commissioner Higgs voted nay.

WARRANT LIST

Upon motion and vote, the meeting adjourned at 11:53 a.m.

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

SANDY CRAWFORD, CLERK
( S E A L )