February 17, 2004

The Board of County Commissioners of Brevard County, Florida, met in regular session on February 17, 2004, at 5:30 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chair Nancy Higgs, Commissioners Truman Scarborough, Ron Pritchard, Susan Carlson, and Jackie Colon, County Manager Tom Jenkins, and County Attorney Scott Knox.

Commissioner Pritchard requested Pastor Inman include Thomas Howes, who is being held hostage in Colombia, and Senator Posey, who was in an automobile accident, in his prayers. The Invocation was given by Pastor Inman, Orsino Baptist Church, Merritt Island, Florida.

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

REPORT, RE: WITHDRAWN ITEM FROM AGENDA

County Manager Tom Jenkins requested Item III.B.1, Subordination Agreement For Space Coast Marine Institute of Brevard County, Re: New Mortgage To Construct Student Center/Counseling/Administration Building be withdrawn as additional legal work is required. The Board acknowledged the withdrawal of Item III.B.1.

REPORT, RE: TREE ORDINANCE AND ORANGE TREES

Commissioner Pritchard stated it has been brought to his attention that orange trees fall under the Tree Ordinance, and landowners who own groves are being penalized and threatened with violations for removing orange trees. He stated a constituent with over 300 orange trees wanted to remove five or six of the sour orange variety; this is not an active grove; they are invariably nonproductive trees; and the constituent wanted to create a turnaround drive on the property that he is going to build a house on. He stated the constituent does not need a land clearing permit; at this point it is just a matter of removing a few trees to build the turnaround; but he has been told he cannot remove the trees because they are considered canopy. He stated he would like to bring this back as an agenda item for discussion so the Board can look at the Ordinance and see what it can do to amend it with exemptions for certain fruit trees.

Chair Higgs stated the Board will get a report and bring the issue back for discussion.

REPORT, RE: FIREWORKS

Commissioner Pritchard stated the Board is currently working on a final draft of a Countywide ordinance prohibiting the sale and use of illegal fireworks; late last week he was notified that the fireworks industry has proposed amendments to Florida Statutes, Chapter 791 through the Department of Agriculture; and those amendments, if passed by the Legislature, would do nothing to close the loopholes nor limit tent sales of illegal fireworks. He stated it actually moves toward the legalization of all fireworks in the State; and requested the Board oppose any legislation that continues to allow the sale and use of illegal fireworks through a perjurious waiver and moves toward the legalization of all fireworks. He requested the County Attorney prepare a letter of opposition to be signed by the Chair; direct the Legislative Delegation Coordinator to distribute the letter to the Delegation including lobbyist Guy Spearman and the Florida Association of Counties; and request the lobbyist actively lobby in opposition to the proposed legislation. He noted he provided a copy of the proposed legislation, which starts off by saying it is an exemption for personal non-commercial use of fireworks; in essence it makes everything legal; and that flies in the face of what the Board has been trying to do.

Chair Higgs stated nothing is going to happen with the Legislature until March; and she would like to have this come back on Tuesday unless there is some reason it has to be done tonight.

Commissioner Pritchard responded the Board does not have to do it tonight. Chair Higgs stated she would like a chance to read the proposed statute.

REPORT, RE: SAMPLE OF THE ARTS

Commissioner Carlson introduced Nolan Masters with the Space Coast Pops.

Nolan Masters stated they appreciate the Board and all that it does; they are in their 18th year; and they perform live classical and popular music. He stated one of the greatest concerns is the cost of operation; orchestras of their type struggle and several have fallen by the wayside throughout the State; and they appreciate the support that the Board has always given in grants that it has made available. He stated they perform two free concerts a year; one is on the Fourth of July and the other is in their regular concert hall at the First Baptist Church of Merritt Island; and the County has generously allowed buses to pick up senior citizens and disabled people and bring them free of charge to the concert. He stated there are several youth programs; they have the burden of keeping the live music operation alive to provide a stage for young musicians; and they offer cash bonuses for their participation. He thanked the County for its support of the arts.

Commissioner Carlson thanked Mr. Nolan and Vera Walker who brought snacks for the Board.

REPORT, RE: MEETING IN VALKARIA

Chair Higgs stated tomorrow at 4:00 and 6:00 p.m. she and staff will be meeting in Valkaria to talk to the citizens about the Open Space Ordinance and the zoning issue the Board had before it a week or so ago. She stated they will meet at the Clubhouse at the Habitat Golf Course; they sent out notices to everybody who was present at the previous meeting; and she is providing notice to the public as well.

RESOLUTION, RE: RECOGNIZING JUANITA BARTON

Chair Higgs stated Commissioner Scarborough has asked that the resolution for Juanita Barton be delayed to a later date.

RESOLUTION, RE: RELEASING CONTRACT WITH THE VIERA COMPANY FOR SONOMA
SOUTH SUBDIVISION, PHASE 3

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution releasing Contract with The Viera Company dated November 18, 2003, for improvements in Sonoma South Subdivision, Phase 3. Motion carried and ordered unanimously. (See page for Resolution No. 04-033.)

PERMISSION TO PURCHASE, RE: FIBER OPTIC CABLE AND MATERIALS FROM
TRAFFIC CONTROL DEVICES UTILIZING SEMINOLE COUNTY CONTRACT

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the purchase of fiber optic cable and materials from Traffic Control Devices, Inc. utilizing Contract No. A/B-3021-01/GG awarded by Seminole County. Motion carried and ordered unanimously.

EIGHTH RENEWAL TO AGREEMENT WITH ST. JOHNS RIVER WATER MANAGEMENT
DISTRICT, RE: ARTESIAN WELL PLUGGING PROGRAM
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Eighth Renewal to Agreement with the St. Johns River Water Management District for controlling abandoned artesian wells, from October 1, 2003 through September 30, 2004, with each party contributing $15,000. Motion carried and ordered unanimously. (See page for Eighth Renewal to Agreement.)

MEMORANDUM OF AGREEMENT WITH 45TH SPACE WING AND NASA-KSC, RE:
FORMATION OF JOINT TOXIC HAZARD CONTROL TEAM

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve Memorandum of Agreement for the formation of a joint Toxic Hazard Control Team and authorize the County Manager to designate Robert Lay, Emergency Management Director as signatory authority for the Memorandum of Agreement with NASA-Kennedy Space Center and 45th Space Wing. Motion carried and ordered unanimously. (See page for Memorandum of Agreement.)

AGREEMENT IN PRINCIPLE WITH NASA-KSC, RE: MEDICAL CARE SUPPORT DURING
SHUTTLE CONTINGENCIES

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Agreement in Principle with NASA-Kennedy Space Center for medical care support during Shuttle contingencies. Motion carried and ordered unanimously. (See page for Agreement.)

SUB-GRANT APPLICATION TO FLORIDA DIVISION OF EMERGENCY
MANAGEMENT/DEPARTMENT OF HOMELAND SECURITY, RE: COMMUNITY
EMERGENCY RESPONSE TEAM FUNDING

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve submittal of a subgrant application to Florida Division of Emergency Management/Department of Homeland Security for community emergency response team funding. Motion carried and ordered unanimously.

ACCEPT ATTORNEY’S FEES AND COST PROPOSAL AND AUTHORIZE COUNTY
ATTORNEY’S OFFICE TO EXECUTE SETTLEMENT AGREEMENT, RE: BREVARD
COUNTY V. BUTLER ET AL (SHORE PROTECTION PROJECT)

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to accept attorney’s fees and cost proposal submitted by two property owners, James and Carole Pope and Lilia Cordones, Trustee, in the case of Brevard County v. Butler et al (Shore Protection Project); and authorize the County Attorney to execute a Settlement Agreement. Motion carried and ordered unanimously.

ACCEPT PARTIAL COST PROPOSAL AND AUTHORIZE COUNTY ATTORNEY’S OFFICE
TO EXECUTE AGREEMENT, RE: BREVARD COUNTY V. BUTLER ET AL (SHORE
PROTECTION PROJECT)

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to accept partial cost proposal submitted by Richard and Irene Jones and Melinda Millsap in the case of Brevard County v. Butler et al (Shore Protection project); and authorize the County Attorney to execute a Settlement Agreement. Motion carried and ordered unanimously.

APPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to appoint Marilyn Washburn to the Brevard Commission on Aging with term expiring December 31, 2004; and Ken Bohlman to the Marine Advisory Council with term expiring December 31, 2004. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, SECTIONS 62-1102,
62-1482, 62-1483, 62-1511, AND 62-1512 FOR OUTDOOR MUSIC ACCESSORY TO
OUTDOOR RESTAURANT SEATING

Chair Higgs called for the public hearing to consider an ordinance amending Chapter 62, Sections 62-1102, 62-1482, 62-1483, 62-1511, and 62-1512 for outdoor music accessory to outdoor restaurant seating. She advised of the procedure and time limits to address the Board.

Assistant County Manager Peggy Busacca stated on December 16, 2003 the Board granted permission to advertise an outdoor music ordinance; currently outdoor music is prohibited under the County’s Code; and the Board wanted to make that a permitted use and put conditions into the ordinance. She stated all music would remain an accessory use and not be a main attraction or concert except as permitted under the Special Events Ordinance; the ordinance would permit taped or solo acoustic non-amplified music to accompany all outdoor restaurant seating areas consistent with the County’s noise performance standards; it prohibits live amplified music from occurring on properties that abut residential uses or are within 250 feet of residentially-zoned property; it allows restaurants that are outside of the 250-foot radius to provide live amplified or non-amplified music performed by two or more persons; it requires that the newly constructed areas for the music be site planned; and it requires that all music adhere to the County’s noise performance standards. She stated the proposed ordinance also requires that all live amplified or non-amplified music cease at 10:00 p.m., which coincides with the termination of the outdoor food service; and the Local Planning Agency has heard the ordinance and recommended that 10:00 p.m. be extended to 11:00 p.m.

Commissioner Colon stated based on some of the emails they have received and what has been in the newspaper, there is a lack of communication and someone has started rumors in the community; she wants to make sure folks are listening to what is being said right now because when they come up to speak, they will want to make sure they are not contradicting what is being explained; and inquired how long has the Ordinance been in existence; with Ms. Busacca responding since the zoning regulations have been in effect since 1958. Commissioner Colon stated since 1958 outdoor music has been prohibited; but folks are under the impression this is a new ordinance coming to the Board to prohibit this, which is not the case. She stated County staff suggested the Board loosen the Ordinance so that people would be able to perform outside; but based on the emails she received, that is not what was being said. She stated she was asked not to pass this ordinance because it would stop people from performing outside; but if anything, the Board and staff want to be able to loosen the law to allow people to perform. She recommended people tailor their comments to what is being discussed.

Helen Collura stated she lives two houses away from the place; and it is very noisy. Commissioner Scarborough inquired what place; with Ms. Collura responding the bar that is in question that wants to play outside music. Commissioner Scarborough stated this applies to the entire County; and it is not place specific. Ms. Collura inquired who is trying to change this. Commissioner Scarborough stated there was a State law that came into effect that prohibited smoking in establishments; more activity was moving outside, which raised the question whether there should be music outside; therefore, the Board decided to consider liberalizing the current Ordinances to provide more entertainment outside, which is where it started. He stated it did not start with a particular place or a particular Code enforcement; and it started with the smoking ban in restaurants at the State level. Ms. Collura inquired if the public has nothing to say about it; with Commissioner Scarborough responding they do, but it is not just one place. He stated if they liberalize it there may be more music, more hours, etc.; and they will be talking about everything. Ms. Collura submitted a tape demonstrating how loud the music is at the bar near her home.

Commissioner Scarborough inquired which property is Ms. Collura referring to; with Mr. Busacca responding she does not know. Commissioner Pritchard inquired if Ms. Collura is talking about the property on North U.S. 1; with Ms. Collura responding she lives on Edgewater Court approximately 1,000 feet from the establishment. Commissioner Pritchard inquired if Ms. Collura lives north of the power plants; with Ms. Collura responding no, south of the power plants. Commissioner Pritchard inquired when was the tape made; with Ms. Collura responding in December.

Chair Higgs stated she will share the tape with the other Commissioners so everyone can see it.

Doris McMahon stated she cannot believe this goes on; the neighborhood was quiet until they came along with outside music; and she hears shouting and screaming that sounds like it is right outside her window. She stated she cannot believe they are breaking all kinds of Ordinances, and nothing is being done. She stated on December 23, she had guests for Christmas; they could hardly talk outside; and she was angry and ashamed to have this sort of thing going on in her neighborhood. She stated this should not be allowed.

Bob Rish stated the proposed outdoor music ordinance has more flaws than he could discuss in five minutes, but he will try to address the most objectionable parts of it. He stated the special master’s judgment included that existing sound control Ordinances and special events permits were sufficient for the County’s needs, and that incidental music does not require a special events permit; incidental music is music without fee to the consumer that does not change the business operations or the source of revenue for the host; and it excludes concerts for which there is an admission fee. He stated all currently offered outdoor music is incidental music; customers are not charged to hear the music; restaurants operate the same way and generate the same revenue regardless of whether music is performed or not; and the fact that a restaurant might publicize that it is providing music does not change the incidental nature of that music. He stated special events are supposed to be once a year concerts, special fundraisers, carnivals, and other events that charge admission; music that is provided for free day after day is not special; special event permits would limit music to one day a week; and inquired what is the justification for dictating such a limit on what citizens choose for entertainment. He stated the ordinance would allow taped and unamplified live music; if the public wanted taped music, vendors would not provide live entertainment or live performers, not even so called acoustic performers who use microphones and amplifiers to carry their voices and music; and a ban on amplified music would curtail all live outdoor music. He stated the ordinance includes restrictions based on proximity to a residential neighborhood, but no consideration of how loud the music might actually be at the property line; noise level monitoring is not rocket science; but nowhere in the ordinance are there any measurable standards for volume that a venue or band could conform to. He stated this may be because concerns about noise complaints are already addressed by existing noise control Ordinances; the proposed ordinance seems tailored to permit some kinds of music while discouraging other types; and they do not accept a government right to make that choice for the people. He stated regardless of the intent, the proposed ordinance as presented will prevent live outdoor music in unincorporated Brevard County. He stated it will not help it at a time when even the County has sought additional tax revenue to fund projects; tourists will have fewer reasons to visit the County; businesses will make less profit and pay fewer taxes; musicians will earn less money to spend in the community; and residents who enjoy live music will be denied their entertainment for no reason that could not have been addressed in a more forthright manner. He requested the Board not approve the flawed ordinance.

Greg Caputo, representing the band Pinch, stated they are a part-time local band; they play local bars and establishments around the County; and they do some free benefit gigs at some of the hotels. He stated they play outside and inside, and pretty much the whole gamut of the music field. He stated a lot of people were not sure what was going to happen; they were not sure about what the law was; and they did not realize there was an old regulation from 1958. He stated sound is something that can be enforced; but the Board is just generalizing about music, saying people cannot do it after a certain time. He stated he can hear the train from across the river; and inquired if they are going to ban the train. He stated the Board should look at the sound implications of the whole live music scene; he understands the neighbors concerns about the bands being too loud; and he would have no problem with decibel readings. He stated he does not like to have the whole scope of amplified music being banned throughout the whole unincorporated areas; he does not know if the towns will try to adopt the amendment; and that might make it difficult for towns.

Ron Murphy stated he runs Ron Allen Entertainment as a DJ and karaoke business; at this point the Board is talking about live music and taped music if it is not amplified; but anything that is played like a tape recorder CD player, etc. needs to be amplified in order to be heard, whether it is a small five-watt amplifier or his DJ system, which runs up to 1,000 watts. He stated if the Board limits everything, it is going to curtail a lot of bands from enjoying what they do; eventually it will affect his business because he does a lot of restaurants, bars, lounges, and weddings; they require either karaoke or regular CD music; and he wonders where it is going to stop. He stated he understands some of the neighbors concerns; but there are a lot of people who complain about the noise just like people who move in next to an airport and then complain about the noise. He stated in that situation the airport was there before the house so there is not much they can do about it; a lot of the bars have been around a long time; there have been a lot of new housing developments that have started getting closer to the lounges; and inquired where does that leave the bars and lounges in order to make their income so the County can continue to have its tax base and consumers can continue to enjoy what they like in this County.

Amy Alderman stated she works on tips; she bartends; and the outdoor music helps her. She stated she has to support her child; one lady says she lives 1,000 feet from the bar; but the Board said it was 250 feet for outdoor music. She stated tourists come to the County; and that is what Florida is, bringing tourists in. She inquired why would the Board just cancel it; and requested the Board not take this action because it affects everybody.

Martin Henderson declined to speak.

Charles Watzke stated his name and Commissioner Pritchard’s name have come up quite a bit with the ordinance; it is definitely not targeted at any one person; but regulating outdoor music in some of the fashions proposed may be bad for tourism and businesses, including his business. He stated he is not happy with the proposal concerning zoning abutting a residentially-zoned piece of property; one or two pieces of residential property in a commercial area should not regulate what they can do; but it might be different if it was a residential subdivision; and it could be worded to address upsetting a community. He stated they are trying to regulate how loud they play their music; non-amplified sound could be horns playing Tijuana Brass or Tijuana Taxi; that would be louder than amplified music if it is turned down and kept below 65 decibels. He stated the noise Ordinance is efficient in regulating noise; and the Board should try to regulate so everybody is happy.

Don Mackenzie, Vice President of Abate of Brevard County, stated he lives less than 1,000 feet from the bar being discussed; he also hangs out there; he is an outdoor person who is often in his yard; and he wants his entertainment outside. He stated Brevard County is where one should live outside; and inquired why would anyone want to be inside when there is a beautiful place to be outside. He reiterated he lives less than 1,000 feet from the bar and cannot hear it when they are playing.

Dean Pettit stated Florida receives 42 million visitors a year; many of them go out to enjoy the nightlife while they are here; and Florida is one of the few states where someone can sit outside in the wintertime and be somewhat comfortable. He stated one can sit outside to listen to a band on a deck overlooking a body of water like the Indian River Lagoon; and one cannot do that on Lake Michigan in the wintertime. He stated he talked to one club owner who estimated that tourists make up approximately 25% of his clientele; this is a waterfront property, which is extremely expensive; he is putting in a considerable amount of money into his venue; and the ordinance is going to ask him to take a 25% pay cut. He stated there may be a problem with excessive noise in some situations where there are condos close to a bar; but by establishing a verifiable standard and proper enforcement of the standard, the problem can easily be solved. He stated he has a brother, Austin Pettit, who has been a musician in this area for 30 years in bands like Grinders Swith, the Groove Monsters, and presently the Austin Pettit Band; at one point he was playing at the Pineda Inn; the Sheriff’s Department showed up advising they had a
noise complaint; and the Deputy advised that standing on the person’s property he could not even tell there was a band playing. He stated there are some people who have a negative view of musicians; if they know there is a band, they will complain just for the sake of complaining; and this complaint came from across the river on Merritt Island. He stated the man was complaining about noise from a bar he could barely see; and there is a need to get beyond stereotypes that may exist, make an ordinance that is reasonable, and set and enforce standards. He stated someone playing an acoustic guitar on a deck at night is not going to be heard; it would be necessary to mike the guitar; and they would have to sing into the microphone to be heard. He stated right now there is a big to-do being made over not much; and with proper standards they can overcome this.

Bobbi Lustic, representing the Wacky Hut on Merritt Island, stated they are located in Merritt Park Place; there are no homes within their jurisdiction; it is merely small shops; and they have a boutique gift shop. She stated they have a large backyard and enjoy music on a Saturday night; they hurt no one; and they would wish that the Board would take into consideration some of the smaller businesses. She stated they are not a bar or a restaurant; they are just a small business that likes to have a bit of fun on a Saturday night with a live band; and they have a following. She requested the Board reconsider the noted amendment; and submitted 22 petitions representing 300 signatures.

Chair Higgs stated they will put the petitions in the record; and she also received a large number of petitions from others that she will put into the record as well.

Eamon Wright stated he lives a short distance from the bar being talked about; he represents Sounds Wright Productions as well as a singer who plays at this particular venue. He stated the ordinance is going to put some people out of business; and it will affect the revenue the County needs to build roads, schools, and things like that for the children. He stated the decibel limit science is the way to go with this issue; and further research is needed. He stated there is going to be a lot of things affected such as church music and church fairs; he ran the church fair at Blessed Sacrament Church; they had outdoor live Christian music; and the property itself was surrounded by residential area. He stated he was at the P&Z meeting where they said if the property is within 250 feet of a residential area, then no music could be played at all. He stated if people have property touching residential, they are done; if they have a business on that property, they will be out of business; and inquired what do they do for their families. He stated the business down the street from him has a PA system; when the wind is out of the north, he can hear it; and even though he has never been to the business, he knows all the workers and their phone numbers. He stated if it is windy; he hears it once every two or three weeks; advised on December 23, 2003 the wind was very strong out of the east; his children were visiting; and they could hear music because the winds were 20 to 40 miles per hour. He stated a sound study was done by someone in the County; they found that the dB level of traffic was louder than the band that was playing at a bar at that time; but he has no idea what direction the wind was coming from that day. He requested the Board not adopt the ordinance until more research is done and the decibel limit science of this issue is known; stated it will help a lot of businesses; he lives in Cocoa Beach where there is a lot of outdoor venues with live music; and those venues are surrounded by condos, which are residential. He stated this is a huge source of revenue for the County; it brings all kinds of tourists in; and inquired if the Board wants to stop that and put people out of business. He stated the person who brought this up by calling the County was told to call every day and complain to the police about the particular venue on U.S. 1; she has since moved and sold her property for a very large profit to a man who bought the property because he knew that the business was there and thought it would help his bed and breakfast inn. He stated they are affecting a lot of businesses; and requested the Board take time to think about this, and table it until some science is done.

Joel Pitts stated he is a registered voter and taxpayer in Brevard County; and this affects him because he is a musician and represents a band as well as doing solo gigs. He stated a lot of great points have been brought up; and he hopes the Board was attentive because the proposed ordinance is not a very good one. He stated it seems like everything hinges on complaints about particular bars; if enforcement was done by the decibel level, there would not be these problems because if a police officer was standing at the property line and the sound level was within the specifications set by local government, there should not be any issues. He stated a lot of things have been going on around the County because enforcement is not being done by decibel level; enforcement is being done because there is a complaint 2,000 feet from the property; that is not a good way to do this because it is catering to the person complaining and not the people who are in the establishment enjoying the music; and that does not seem right. He stated the dB level and standards should be set to curtail everyone. He stated the County is advertised as the Space Coast; there are rockets and cruise ships, wonderful beaches and great atmosphere; and the little venues that are all over in incorporated as well as unincorporated areas are the driving force behind night entertainment. He stated people do not want to have to stand wall-to-wall because there are only five or six bars that can offer outside entertainment because the rest do not come under the restrictions set by local government; and this should be considered because it is an issue that not only affects him and his family but it affects a lot of other musicians, bar owners, bartenders, cooks, etc. He stated they are all registered voters; every one of them has a fan base; and recommended the Board think about what it is doing here because it does affect the revenue of the County, his personal revenue, and the revenue of everyone in the room.

Janet Reedy stated she is a local musician; she did not want to come tonight, but her husband reminded her that this is how they feed their children by her working in bars and restaurants singing; it is her main source of income; and she is very concerned about this. She stated she has a couple of problems with the ordinance being proposed; and commented on the time constraints. She inquired if the current time is 2:00 a.m. in bars. She stated 10:00 p.m. seems a little strict; but the main issue is not being amplified. She stated the Board room is an acoustically sound room, yet microphones are needed to be heard; and if the Commissioners did not have microphones to help them be heard, their voices would give out. She stated the Commissioners speak for a living; and people need to hear them. She advised of playing in a small tearoom without a microphone, the customers’ inability to hear her, and the manager admitting she made a mistake and for her to get her microphone. She stated this will not work outside; it would mean having to sing over the wind, cars, birds squawking, and polite conversation; and it will not work because a microphone is needed at the very least. She stated she is a soloist; it is just her and her guitar; and nobody would pay her if only six to ten people could hear her.

Chair Higgs inquired currently if someone wants to entertain outside, would that require a special use permit; with Ms. Busacca responding yes, it is prohibited unless a special events permit has been granted. Chair Higgs inquired does the special events permit give the time frame they are allowed to provide music; with Ms. Busacca responding yes, it does. Ms. Busacca advised there is an exemption to the noise standards under the special events permit; the Code says it can go from 8 a.m. to 10 p.m. on Sunday through Thursday and from 8 p.m. to midnight on Friday and Saturday; but each special events permit is issued differently and the hours may be different. Chair Higgs inquired if the current proposal before the Board does not affect the special use permit; with Ms. Busacca advising that is correct.

Commissioner Colon stated there is an Ordinance in place right now that makes playing music outside illegal; the Board is trying to help make it legal, which she does not agree with; and what the speakers need to do is support the ordinance that is going to help them. She stated by coming up and saying they are against the ordinance, the speakers are not helping themselves; and what they should do is work closely with County staff to put an ordinance in place that is fair and will allow them to be able to play music outside. She stated for those who came in late and did not hear the first time she spoke, it is illegal right now to play music outside; and when this conversation first came up, staff and Commissioner Pritchard brought up the same arguments the speakers are bringing up. She stated the speakers were not sitting here when those meetings were taking place, but these were the same things that were coming up; and they are trying to make it so people are able to play music outside, especially since there is a ban on smoking indoors and more folks are going to be outside now. She stated she is trying to make it clear so the speakers can say they want to work closely with County staff to try to accommodate the things that the speakers are trying to do; and if an ordinance is not put in place, then outside music is illegal. She stated she is trying to put it in plain language because sometimes dealing with things in the ordinances is very complicated; coming before the Board is sometimes a little intimidating; and she is trying to make the people focus on what they want to come forward with.

Chair Higgs stated it would be illegal unless they had a special use permit; with Ms. Busacca responding it is a special events permit. Chair Higgs inquired how many times can a particular venue obtain a special events permit; with Ms. Busacca responding 30 times within six months. Chair Higgs stated the specifics of that are outlined in the particular use permit someone gets.

Herschel Brothers stated he is a long way from being a lawyer; he lives in Cocoa along I-95; when it gets too noisy, he turns on the radio to music he likes; he has his choice; and he is happy with that. He stated there is more than one way to skin an armadillo; and these things can be handled without stepping on each others toes. Mr. Brothers commented on his time in the military and why he did not reenlist. He stated there are a couple of instances where people have abused this situation; consequently the citizens get a net thrown over everything because some people have been doing things they should not have been doing. He stated he is calling upon the Board as his representative in America to do what it can for him to return some of the freedoms that have been taken away little by little all these years. He stated the Board knows the law; he does not; and he is not trying to tell the Board what to do, but he wants the Commissioners to bear in mind that the people want their freedoms back as much as the Commissioners can give it without stepping on someone else’s toes.

Teresa Burkett stated as a parent, she watches TV with her children; she saw something last week that said there is a law in America in some state that says it is illegal to die in that city; there are laws that need to be changed; and the outdoor music law is a law that needs to be changed. She stated the Board gives grants and stuff to hear opera and music; this is not a cause that there is no support for; and recommended look at the signatures that have been collected. She stated clearly in the County, there is support to have outdoor music; her children have never heard a concert until they went to Captain Garo’s where they got to hear country and solo guitarists; and her son, who saw a drummer for the first time, wants to be a drummer. She stated if this is taken away from them, it cannot be given back; and children will be 21 years old in a smoky bar before they will ever hear live music, which is a shame. She requested the Board think about that before changing the law.

Chair Higgs inquired if the Board adopts the ordinance and it is filed, will a venue be able to get a special use permit to have outdoor music; with Ms. Busacca responding they will be able to apply for one; in some instances those permits have not been issued, for instance if there have been previous violations on the site; but in general most of them are approved. Chair Higgs stated if the Board adopts the ordinance as it is drafted tonight, it will not change the ability of a venue to apply for a special use permit to have outside music; with Ms. Busacca responding that is correct.

Commissioner Scarborough inquired if this is the first or second hearing; with Ms. Busacca responding it is the first reading. Commissioner Scarborough stated the Board cannot adopt the ordinance this evening; with Ms. Busacca advising this is not the adoption hearing.

Chair Higgs stated once the ordinance is passed, if it is passed, she would be able to go to a restaurant that potentially would have outdoor seating and they could have taped or non-amplified music; and another restaurant could get a special use permit for outside music the same way they could get today; so the difference after the ordinance is adopted is simply that taped or non-amplified music could be played as an accompaniment to an outdoor seating arrangement. Ms. Busacca stated that is true; if it is within 250 feet of a residentially-zoned property, then non-amplified music is permitted; but if it outside of that 250 feet, amplified music would be permitted under the ordinance.

Commissioner Pritchard inquired how much does a special events permit cost; with Ms. Busacca responding she does not know. Commissioner Pritchard stated it is good for 30 times in six months; and inquired if the issuance of a permit is for a single event; with Ms. Busacca responding it can be for a group of events; and one can get up to a month’s worth of events at one time. County Manager Tom Jenkins clarified that is discretionary; but he has been issuing them for 30 days at a time. Commissioner Pritchard inquired if a venue such as a bar with outside entertainment can get a blanket six-month special events permit; with Mr. Jenkins responding legally they could, but he has been limiting it to approximately 30-day intervals incase there are complications. He noted in years gone by they were granted for several months at a time. Commissioner Pritchard inquired how much does a permit cost; with Mr. Jenkins responding he thinks it is approximately $40.

Steve Burchfield stated he voted for some of the Board because he made the prudent decision that they represented him with the government; that is the way the system works; and it is all well and good to say the Board is trying to make it legal for him to be a musician; but he read the proposed guidelines, and as they stand now, they would keep him from making a living because he relies on amplification. He stated he takes pride in not using amplification too much; volume is a tool to be used by a professional; and less is sometimes more. He stated his cousin who plays the bagpipes could come down under the proposed guidelines and play, and he is not affected by this at all; but his friend who plays a steel guitar, which requires an amplifier, would be totally blown out of the water. He stated the proposal as it stands now is unenforceable; and it is going to tie up the Board with a lot of lawsuits. He stated he is sorry he had to come down today and make his opinions known; but down the road in a few years, if enough people decide that they can make a case that their constitutional right to make living has been violated by the Commissioners, each of the Commissioners will be able to be named in lawsuits; and this is a serious thing that the Board needs to consider. He stated he lives in Cocoa Beach because he considers it the finest place in the world to live; he loves the weather and the people; he loves the government; but the practical application of the guidelines would make it illegal for him to play music for a living. He stated there is no change; it is illegal now; under the guidelines, it would still be illegal; and it would cut them out and have disastrous effects on some people’s lives. He stated he finds it offensive that they have to have this conversation in America; there is a long tradition in this area of live music; the level of musicianship is something he takes great pride in; there are some good players in the area who contribute to the world around them through their art; and under the proposed guidelines, that is going to end. He stated he does not see who is going to be profiting from it.

Michael McMullan stated he is an educated man with a college degree in business; he considers himself an entrepreneur as well as a musician; he fought for his country in the first Gulf War because he believes in the constitutional freedoms to pursue expression for himself within proper guidelines; and he has been a performing musician for far longer than he has done anything else. He stated it is a passion that he thought he had the right to pursue; the reality is it is ludicrous that a permit has to be granted in the first place; it is nonsense that this has come to pass; and as a performing musician, he had the opportunity to perform in other states and municipalities that have successful government regulation of the problem. He stated Lyons, Georgia, which is a little town outside of Vidalia, has an Ordinance that requires a business to regulate the band or face fines; but they do not need an event permit. Mr. McMullan stated he is a professional musician; he knows how to make sound joyously without offending someone else; as a U.S. Marine Corps veteran he understands the beauty of procedure and law; but there should be no ordinance because there has not been enough scientific study performed. He stated any ordinance to govern his freedom of expression as a musician better take into consideration that there are guidelines he can work within; as the ordinance stands, it is a violation of his constitutional rights; and there are a lot of problems with the proposed amendment. He thanked Commissioner Colon for her clarification; but advised as a Cum Laude graduate, he understood it before he got to the meeting. He stated as a businessman, this is income to him that his family relies on; and he pays his taxes with that money. He stated he is a voter; and inquired what does the Board expect him to do if it limits his ability and he no longer has a constitutional right to make a living in this country that he fought for. He stated the Board has a historic moment in front of it; it bears further consideration other than a simple hearing tonight and another hearing; and it needs more significant investigation for constitutionality and more scientific study. He stated he cannot emphasize enough the ridiculousness of having to have a permit in the first place; and if the Board sets a guideline, the musicians will work within it. He stated he represents the band Ozone; they know how to achieve a good sound at a low level; and what he sees, whether in its current form or an amended form, is selective enforcement. He commented on the Brevard Zoo’s Summer Nights program; stated last year he had the honor of participating in that at the height of the argument with Captain Garo’s; and the Zoo’s marketing director had no idea she was in violation of the law as it stands now. He stated if the Board passes an amended form that requires an institution to draw a permit, it better enforce it across all forms of industry and not just selectively enforce it because that stinks of special interests. He stated the County wants the money; it wants the tax base; and that is one of his perceptions. He stated he sees a lot of things happening; and inquired if the Board takes away a fundraising arm from the Brevard Zoo, what kind of backlash will it have.

Terra O’Zoe stated she is a 23-year resident of the County, a taxpayer, and a voter; she found Commissioner Colon’s remarks to be derogatory and sanctimonious; she knows most of the people present; and it is obvious that they are not stupid and they get it.

Commissioner Colon stated she wants to apologize if that is what Ms. O’Zoe thinks is happening; but the phone calls that have come to her office show that the folks do not understand that there is already an Ordinance in place. She stated she was asked to make sure to explain that the Ordinance is already there; and some people who are present were shaking their heads because they did not know there was an Ordinance. She stated if anything, the people should want to make sure the Ordinance is changed to make the outdoor music legal; and she did not mean to offend anyone, but to make sure that people understand that there is an Ordinance in place. She apologized if Ms. O’Zoe felt she was being condescending; but stated all she wanted to do was make sure everybody understands.

Ms. O’Zoe stated that is the way it came across; and by her statements, Commissioner Colon has already made her mind up and is not here to listen to what people have to say. She stated Commissioner Colon does not have an open mind on this; and she is misrepresenting the taxpayers by her attitude. She stated the 1958 regulations are antiquated; the revised ordinance is unacceptable as it stands; and either one has to be enforced across-the-board and not just at one bar or restaurant, but at churches, fundraisers, etc. She stated it will cause additional costs in law enforcement; it will cost legal costs because there will be legal battles; and it will cost the taxpayers and affect the tourist base. She stated she moved here because she likes being outside; tourists come here because they want to be outside; that is what attracts them to Brevard County; and the Board is taking that away. She reiterated the rewritten ordinance is unacceptable as is a special use permit at additional cost; that is not what they are looking for; and commented on the Mathers Bridge Restaurant that was closed when high dollar special interests moved into the neighborhood. She stated that is unacceptable; her heart goes out to the people that the music bothers; but this is the United States; it is the majority; and the general population has to be looked at as well as the good of the County, the employment base, and tax base. She requested the Board set aside the 1958 Ordinance as well as the one it is considering tonight and look at writing something that is acceptable to the community.

David Songer, leader of the Ozone band, stated everyone should remain objective; a lot of the fine citizens who are also taxpayer voters like himself, as well as some honorably discharged veterans like himself, have made some good points. He stated he believes an ordinance is needed, a new law, because it is illegal right now; allowing live music to be played across the board is nothing; whenever the County shuts someone down and keeps them from doing it, that is selective enforcement; and that is nothing more than discrimination. He stated there are a lot of folks right now in Iraq and Afghanistan and throughout the world fighting for freedom; they are fighting for the Constitution of the United States; he swore to uphold it; and that involves giving all folks the right to a discrimination free country with rights to express themselves. He stated they have the right to the pursuit of happiness; they have to live within guidelines; but those are basic freedoms. He stated he knows there will always be some complainers; but it seems like the enforcement has been geared toward those folks, and that is not objective. He stated there is science; these things can be measured; and there are tools to measure them. He stated music is not his only job; if he works third shift and the lady next door mows her lawn at nine in the morning, that bugs him; but he is not going to call somebody to complain. He stated he read in the minutes that there were very few complaints to the Code Enforcement folks. He advised of an endorsement with a Nashville company; stated there is a different vision there as well as in Austin, New York, and Los Angeles; they have their problems, but Brevard County has its problems. He stated there are very good musicians; they are a great resource; and what the Board is doing is bottlenecking and pushing that cultural development down. He stated the Board needs to have a larger vision; and commented about people moving next to airports and complaining about noise. He stated that has to do with zoning; there have been some zoning failures; but the Board cannot ignore the culture that was developing just because of lack of financial status. He stated people’s opinions and cultural development is being squashed out by big money; and inquired why live outdoor music was made illegal to begin with. He stated it seems like a tool to single people out and shut them down; and the new amendment will not work with the Ozone band. He stated they play all kinds of different rock music that requires amplification; but if they do not do it here, they will go somewhere else; and it that is the Board’s intent, so be it. He noted he understood the issue before he came to the meeting.

Ms. Busacca stated the last speaker assumed that music was being singled out; but what has happened in the Zoning Code is that in the BU-1 category where most of the restaurants and bars exist, no outdoor activity was permitted by the Code including outdoor seating. She stated this was not a matter of singling out music; it was a matter of no activity at all outside; and the Board has begun to address that outside activity, which started off with seating outside and has moved to the music issue.

Commissioner Pritchard stated he has some interesting email conversations with Bob Rish and David Songer; and there has been a good exchange. He stated it was never the Board’s intent to limit anything; it was the intent to allow something; and he just became aware tonight of the 1958 regulations. He stated the situation has always been that it has not been allowed; what the Board tried to do is allow something; and it was looking at the venues like Carrabbas and others that may have a clientele that would like to go outside to have a cigarette and something to eat and drink, and listen to someone play something less intense than amplified rock and roll. He stated he realizes they have to have a microphone and an amplifier; most people have a backup system that produces a bit of percussion and other accompaniments; but the idea was to have background music so people could still converse but have entertainment as they ate. He stated he came from Ft. Lauderdale; there are venues with music all over Ft. Lauderdale; and he is well used to that. He displayed a picture of himself with an electric guitar and a bunch of amplifiers; and stated he played indoors and outdoors, with and without permits. He stated he likes music; and advised of going to Captain Garo’s a couple of weeks ago for dinner inside and music outside. He stated Slick Willie played well; he was less than 20 feet from the band and was able to talk to his wife; and the music was there to be heard, but it was not to the point where he had to yell. He stated he was able to have normal conversation, so the amplification issue may not really be an issue at that venue; and commented on taking decibel readings, which show ambient traffic noise exceeds the volume of music. He stated the County could not obtain any readings to reflect the violation; the Board tried to create the ability for people to sit outside, have a cigarette, drink, and listen to music; but what they have done is open Pandora’s box. He stated they are traveling down a highway; but the only way for the Commissioners to travel down that highway is in a public forum; so when they say this is going to public hearing, that is the Board’s way of saying this is what it is thinking about. He stated it may not be good; in this case, it does not appear to be; but at least the Board is opening the forum and having input. He stated the idea of having decibel meters and having a certain sound level makes a lot of sense; having the 250-foot distance may or may not make any sense; and there are certain venues that can be next to residential neighborhoods and may not be good for the neighborhood. He stated the Board has to consider the people who live there; and by limiting the noise, it has accomplished something that is going to be a win/win for a lot of people. He stated he grew up with outdoor music; the intent for him was not to stop something, but to allow something; and that is the perspective. He stated tonight is the first meeting of two public hearings; it probably will not be a slam-dunk at the second hearing; but who knows where it is going to go. He stated they need something that allows entertainment in the unincorporated areas of the County; this is only the first step; and recommended everyone bear with the Board as it swims upstream to try to make something that will work for everyone.

Chair Higgs stated an additional card has been submitted; and the Board has consented to hear the additional speaker, Mr. McNeal.

Tod McNeal stated he is not a musician, but wanted to speak in favor. He stated the big issue seems to be a decibel reading, which he thinks is already on the books, and would be sufficient to control the loudness. He stated there are quite a few laws; the Board is talking about regulations from 1958 that seemingly nobody knew about; and that shows that there are tons of laws. He stated at the law library there are books and books of laws; and it seems like the decibel level is appropriate.

Commissioner Colon stated that is what she was trying to say in regard to making sure the Board represents everybody. She stated when this came before the Board, she said it was opening Pandora’s box; and that is exactly what has happened. She stated a lot of folks are defensive over this issue, and rightfully so as this is their livelihood; but they were not present when she was getting emails and phone calls from people who did not have any idea what the ordinance was about because a lot of rumors were going out with information that was not accurate. She stated this is about trying to make sure that everybody is protected and allowing that freedom; one speaker felt the Board was being arrogant; but she is far from that, and what she was trying to relate was that the speakers needed to focus on saying not to pass the ordinance and that there needs to be more tweaking done. She stated this is far from perfect; Commissioner Pritchard’s intentions are genuine; and he wants to make sure the people are able to play music outdoors. She stated she and her husband love outdoor music; people talked about Florida and tourists; and that is something that is very attractive. She recommended people not try and figure her out; those who said she came with a closed mind were not here when she commented about opening Pandora’s box; this issue is so complex that the Board needs feedback from everyone; and it is not cut and dry. She stated it started with the fact that people cannot smoke indoors now so the Board allowed a certain number of seats outside at restaurants; Planning and Zoning Director Mel Scott, who is not present because his wife is having a baby, is a big rock and roller; and he is the gentleman who put the ordinance together to help others like himself who play in bands to bring this information to the Board. She stated she wishes Mr. Scott were present to explain; a lot of people think this is big government trying to put out more laws; she does not like putting more laws to prevent things; and she wants to make sure folks are clear on that. She stated she was not saying people are not educated or that they did not get it; but the fact is that the phone calls and emails came back with a lack of information; and she does not think the Board should approve this today. She stated there is a lot more tweaking that needs to be done if this is going to go forward; the people came in very defensive; but she is not impressed by threats of lawsuits. She stated she wants to make sure there is an ordinance that is fair for everybody.

Commissioner Scarborough stated if that was a motion to not move this to a second hearing until it is worked on further, he will second it.

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to not move the proposed ordinance amending Chapter 62, Sections 62-1102, 62-1482, 62-1483, 62-1511, and 62-1512 for outdoor music accessory to outdoor restaurant seating to a second public hearing.

Commissioner Pritchard stated Commissioner Colon mentioned that Mr. Scott is an accomplished musician; there are a lot of musicians who work in the County; and what is needed is a working group from that group. He suggested Bob Rish, David Songer, and Charles Watzke be three members of the group to work with staff and come up with something that is reasonable as well as responsible.

Chair Higgs stated these people want to be heard, but there are people who are not here tonight who live close to venues that sometimes cause them difficulty; any kind of effort to draft something would need to include a balanced group of people to work on it, not just those who are supportive but homeowners as well; and that would be fair. She stated everybody gets a shot at development; that is part of the good old American way; and she is not going to support the motion tonight because by going nowhere with this, there is no improvement. She stated it needs to move forward; and there are places where outdoor music of the kind they were talking about is quite acceptable to everyone.

Commissioner Carlson stated she needs a clarification; if the Board does what Commissioner Pritchard suggests, which is to gather a group and make sure it is fair with both sides of the issue represented, she has no problem with that; but if the Board moves the ordinance to the second hearing, but does not take action until the group has achieved something, it may come back with a different animal or something that is similar to what it has but just tweaked slightly. Commissioner Scarborough stated as it moves to a substantially different ordinance, it may have to be readvertised; the Board would not know to what extent it may be talking about different matters; and it could move the ordinance to the second hearing, but there would be a conflict of notifying people. He stated sometimes it is better to not try to restructure ordinances with the notice requirements.

Chair Higgs stated the motion before the Board is to not move the ordinance to the second hearing. Commissioner Scarborough stated it is also to proceed to have further discussion. Chair Higgs suggested that be a subsequent motion as to how to proceed.

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

Chair Higgs inquired if there is a subsequent motion.

Commissioner Pritchard stated he would like to make a motion to form a committee consisting of Bob Rish, David Songer, Charles Watzke, and a representative of the community, not necessarily someone who lives next to a venue, but someone with an idea how to formulate an ordinance that would make sense. Chair Higgs stated that is not a balanced group. Commissioner Pritchard stated it would not be balanced to have someone who lives next door to a venue. Chair Higgs suggested average citizens who are homeowners. Commissioner Pritchard suggested appointing Jimmy Paul who was just complaining about the music. Commissioner Scarborough stated the Board needs to be careful or it will be criticized by the other side of the community. Commissioner Pritchard suggested limiting input with the three gentlemen he mentioned and three other members of the community. Chair Higgs inquired why Commissioner Pritchard gets to pick three members and she does not get to pick three. Commissioner Pritchard stated he is not picking; but those gentlemen are present. Commissioner Carlson stated the Board represents a lot of people including homeowners; and if the Board can get their input and bring it back, it will help those who are not here to speak for themselves. Chair Higgs stated she likes the idea of a committee but each Commissioner should have an appointee to a five-member committee; that would be reasonable; and there would be a cross-section of folks; with Commissioner Pritchard agreeing.

Commissioner Scarborough stated there are five Commissioners; it would be a shame if all five Commissioner selected from one side of the spectrum or the other; and that is not going to keep it balanced. He stated if each Commissioner had two appointees, that sounds good; but there may be other options in other areas of the State; and he would like to see that before the Board gets into having staff come back with a working group. He stated there are many different options available; having the ability to track it and having a knowledgeable group representing both sides would be very beneficial; and they could have all the information as opposed to just throwing them in and not having all the options that can be used. He commented on visiting a mall where music was coming from a tree; stated the idea that there cannot be amplified music is contrary to the way society is developing; but it becomes a problem when it interferes with someone’s enjoyment of their home, for which they paid taxes and a mortgage for a number of years; so there is a need to blend.

Chair Higgs stated she does not think anybody disagrees; there is a need to blend and come up with a balance that protects the average homeowner and the right of people to enjoy outside
music; and that is what the Board needs to do. Commissioner Colon suggested it come back as a report from staff. Commissioner Scarborough stated staff can come back with a report on how to structure it. Ms. Busacca inquired if staff is to bring back a report on how to structure the committee or options; with Commissioner Scarborough responding how the Board would come back and bring multiple options to a broadbased committee.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to direct staff to return with a report with multiple options for a broadbased committee.

Commissioner Pritchard inquired if that means the committee will be determined later; with Commissioner Scarborough responding the Board does not have to appoint the committee this evening. Commissioner Pritchard stated he asked whether the Board would be forming a committee at a later date; with Commissioner Scarborough responding he has no problem with that idea. Commissioner Carlson stated the motion is asking staff to structure.

Chair Higgs called for a vote on the motion to get the report from staff and suggestions on the formation of the committee and the laws that are being used around the State of Florida. Motion carried and ordered unanimously.

The meeting recessed at 7:04 p.m. and reconvened at 7:14 p.m.

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 14, SECTIONS 14-49 AND
14-50, CLASSIFICATIONS OF DOGS AS DANGEROUS AND ATTACK OR BITE BY A
DANGEROUS DOG

Chair Higgs called for the public hearing to consider an ordinance amending Chapter 14, Sections 14-49 and 14-50, Classifications of Dogs as Dangerous and Attack or Bite by a Dangerous Dog.

There being no comments or objections, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt an Ordinance of the Board of County Commissioners of Brevard County, Florida, amending Chapter 14 of the Brevard County Code, Animal Services and Enforcement, specifically amending Section 14-49: Classification of Dogs as Dangerous, and Section 14-50: Attack or Bite by a Dangerous Dog; severe bite by any dog; destruction; and providing an effective date. Motion carried and ordered unanimously. (See page for Ordinance No. 04-04.)

PUBLIC HEARING, RE: RESOLUTION APPROVING FIRST QUARTER SUPPLEMENTAL
BUDGET FOR FY 2003-2004

Chair Higgs called for the public hearing to consider a resolution approving first quarter supplemental budget for FY 2003-2004.

There being no comments or objections, motion was made by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution for the First Quarter Supplemental Budget for FY 2003-2004; and authorize the County Manager or designee to approve the required budget changes and take such actions as are necessary to implement the adopted changes. Motion carried and ordered unanimously. (See page for Resolution No. 04-34.)

PUBLIC HEARING, RE: ADMINISTRATIVE REZONING TO REMOVE CUP FOR HORSES
AND BARN ON PROPERTY OWNED BY JEANNE CAUDLE

Chair Higgs called for the public hearing to consider an administrative rezoning to remove CUP for Horses and Barn on property owned by Jeanne Caudle.

Commissioner Colon inquired if the item is being tabled; with Mr. Jenkins responding no, the Board got the lease tonight.

Mr. Enos advised he just placed two documents before the Board that were received today; one is the lease agreement that shows that Mr. and Mrs. Barger have a lease on the two outer properties that are in question through October 31, 2007; and there is a reference in paragraph C on the lease for “exclusive right of possession of the property to be used for pasture and grazing and riding of horses.” He stated the second set of documents is the Contract for Sale on the two parcels; there are options through October 31, 2007; so it seems that Mr. Barger does have both outer parcels under option.

Commissioner Scarborough stated he was the one who raised the issue, and asked that the documentation be provided; and it has answered his questions.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to deny removal of a CUP for Horses and Barn on property owned by Jeanne Caudle. Motion carried and ordered unanimously. (See page for Zoning Resolution.)

Commissioner Carlson inquired as far as the CUP and making sure there are the correct number of acres, how will Mr. Barger proceed once he purchases all the property; with Mr. Enos responding originally the CUP was on all the properties; then the parcels were divided; and once he acquires all the property, he will have the CUP covering seven or eight acres, so he will be okay at that point.

RESOLUTION AND QUITCLAIM DEED, RE: TRANSFERRING INTEREST IN ROAD
RIGHTS-OF-WAY TO CANAVERAL PORT AUTHORITY

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to adopt Resolution; and execute Quitclaim Deed transferring all County interest to the Canaveral Port Authority for road rights-of-way known as Old State Road 401, consisting of George J. King Boulevard, Dave Nisbet Drive, and North Atlantic Avenue within the Port boundaries. Motion carried and ordered unanimously. (See pages for Resolution No. 04-35 and Quitclaim Deed.)

APPROVE REPLACEMENT AND AUTHORIZE EXPENDITURE AND TRANSFER OF
FUNDS, RE: SOUTH BREVARD SENIOR CENTER

Motion by Commissioner Colon, seconded by Commissioner Pritchard, to approve the replacement of the South Brevard Senior Center building; and authorize expenditure of $584,860 from the interest earnings of the Parks and Recreation South Referendum Projects, transfer of $323,500 from the South County Boat Launch Facility Referendum Account to the South Brevard Senior Center Referendum Account, and transfer of $323,500 from District 3 Beach and Riverfront to reimburse the South County Boat Launch Facility Referendum Account. Motion carried and ordered unanimously.

LETTER OF SUPPORT, RE: FIT’S PROPOSAL TO NATIONAL SCIENCE FOUNDATION

Dr. Ron Bailey, Dean of Engineering at Florida Institute of Technology, stated he is here to request the Board’s support of a proposal that they are submitting to the National Science Foundation seeking funds to develop ways that information technology can help local governments. He stated the National Science Foundation has a new program titled Digital Government; it is aimed at encouraging computer scientists at universities to develop tools that are better tuned to the needs of local government; and he has provided a draft of the proposal. He stated it is really written as one computer scientist to another; and a letter of support from the Board indicating some interest in this and a willingness to look at whatever they might develop with an eye toward possibly using it would greatly help them as they compete with dozens of other universities for the competitive grants.

Chair Higgs stated the Board’s support would be support and interest and a willingness to look at the application; but if it is not appropriate, the Board would not be held to doing it.

Commissioner Pritchard thanked Dr. Bailey for offering his assistance with the outdoor music ordinance.

Dr. Bailey stated Marius Silaghi, who is one of the computer science professors is with him tonight; he is taking notes on those things the Board is dealing with; he is not sure digital technology can help with some of the issues; but the Board has plenty of input; and they may find a few tools to help the Board organize the input, quantify, and make decisions.

Commissioner Carlson stated she supports paperless government; the County Attorney is going through the process of becoming paperless, and seems to have done an effective job of it; and if Dr. Bailey taps into that office and sees some of the glitches, that would help.

Chair Higgs stated it is exciting that they are looking at local government; so often it is all about national and State government; and she happens to believe that local government is the closest to the people and the most effective. She commented on helping things to go smoother and the audience not having the information the Board has; and stated anything that can be done to improve communication would be beneficial.

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to authorize the Chair to send a letter supporting Florida Institute of Technology’s proposal to the National Science Foundation. Motion carried and ordered unanimously.

PUBLIC COMMENT, RE: OPPOSITION TO THE PROPOSED SEA ORDINANCE

Pamela Sowards stated she is a registered voter and a taxpayer living in Titusville; she is representing a number of registered voters opposed to the significant environmental areas (SEA) ordinance, which the Board has attempted to pass; and even though the issue has been dropped at this time, she wishes to submit, for the record, approximately 85 signatures that she collected in just a day and a half. She stated they will continue to fight this, gather signatures, and come to Board meetings to prevent this from ever being followed through with.

WARRANT LIST

Upon motion and vote, the meeting was adjourned at 7:23 p.m.

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ATTEST: NANCY HIGGS, CHAIR
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA

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SCOTT ELLIS, CLERK

(S E A L)