The Board of County Commissioners of Brevard County, Florida, met in regular session on July 31, 1995, at 5:30 p.m. in the Government Center Board Room, Building C, 2725 St. Johns Street, Melbourne, Florida. Present were: Chairman Nancy Higgs, Commissioners Truman Scarborough, Randy O'Brien, Mark Cook, and Scott Ellis, Assistant County Manager Stephen Peffer, and Assistant County Attorney Eden Bentley. Absent were: County Manager Tom Jenkins and County Attorney Scott Knox.

APPROVAL OF REFUND, RE: CHRIST AID, INC. ZONING APPLICATION FEE

Commissioner Scarborough advised Christ Aid, Inc., a ministry for women and children, applied for rezoning and found there was opposition in the neighborhood to multifamily zoning; and being a good neighbor, it withdrew the application. He stated the group does not use money for any private benefit, and has difficulty raising funds for a worthy cause; and recommended refund of the application fee.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to refund the zoning application fee to Christ Aid, Inc. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ADMINISTRATIVE REZONING RECOMMENDATION OF MAY 1, 1995 PLANNING AND ZONING MEETING - ITEM 14

Chairman Higgs called for the public hearing to consider administrative rezoning of Item 14 of the Planning and Zoning (P&Z) Board's recommendations of May 1, 1995, which was tabled by the Board of County Commissioners on May 22, 1995, as follows:

Item 14. Brevard County Board of County Commissioners, on its own motion, authorized administrative rezoning of 3.12 ? acres located east of Grissom Road, north of Kings Highway, from GU and PUD to IU, which was approved by the P&Z Board.

Commissioner Scarborough advised the property is on Grissom Road and Chairman Higgs inquired whether it could go to PIP rather than IU; and he was advised it would be difficult to use the property in PIP zoning.

Daniel Hronec, 700 Universe Boulevard, Juno Beach, representing Florida Power & Light Company, advised PIP requires 50-foot setback on both sides of the property; they propose to use the property for an electrical substation; and as the property is configured, applying the 50-foot wide setbacks would not leave enough buildable space.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 14 as recommended by the P&Z Board. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ZONING RECOMMENDATIONS OF JULY 3, 1995

Chairman Higgs called for the public hearing to consider the recommendations of the Planning and Zoning (P&Z) Board, made at its public hearing on July 3, 1995, as follows:

Item 1. Kohlin and Sharen Curtis' request for CUP for temporary living quarters during construction of a residence in GU zoning classification on 1.74? acres located on the southwest corner of Palm Avenue and George Street, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 1 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 2. Richard and Lillie Mitchell's request for CUP for security trailer in BU-1 zoning classification on .9 acre located on the west side of North Courtenay Parkway and north of Church Road, which was approved for one year with no administrative renewals by the P&Z Board.

Richard Mitchell, 4075 Seville Avenue, Cocoa, advised he intended to put retail sales for plants and nursery items on SR 3; he has seven acres of plants now and they are running over; so he needs the trailer, but one year is not adequate. He stated the life of the trailer is probably only another three or four years and it could be used for storage or other useful purposes; it is not visible from the road and is unobtrusive; it is behind another building; and requested two more years administrative renewals.

Commissioner O'Brien advised the trailer is not conducive to the Land Use Map, so he will follow the recommendation of the P&Z Board.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to approve Item 2 as recommended by the P&Z Board.

Commissioner Ellis inquired if Mr. Mitchell can come back next year to renew the CUP for the trailer; with Commissioner O'Brien responding yes, but the trailer is almost shot and does not go well with the neighborhood.

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

Item 3. Mt. Carmel Baptist Church, Inc.'s request for CUP for security trailer in AU zoning classification on 10.12 acres located on the north side of Lake Drive, west of Gray Road and on the southwest side of Gray Road north of Lake Drive, which was tabled by the P&Z Board to its August 7, 1995 meeting with no reprocessing fee required.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to table Item 3 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 4. Glenn and Betty Carter's request for change from GU and SR to AU on 1.90 acres located on the west side of Simon Road, south of U.S. 192, which was tabled by the P&Z Board to its August 7, 1995 meeting with reprocessing fee required.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to table Item 4 as recommended by the P&Z Board. Motion carried and ordered unanimously.

NOTE: Fee waived later in the meeting.

Item 5. Petro Management, Inc.'s request for CUP for gasoline service station in TU-2 zoning classification on 1.136 acres located on the southwest corner of Sarno Road and I-95, which was approved by the P&Z Board.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to approve Item 5 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 4 (continued)

Betty Carter, 2630 Simon Road, advised she does not understand why it was tabled because it went through the P&Z Board with no problem.

Zoning Official Rick Enos advised the applicants for Item 4 and three other items failed to appear at the P&Z Board hearing; and typically the Board will table the request for failure to appear. Ms. Carter stated she was told she did not have to go to the P&Z meeting but had to come to the Board of County Commissioners meeting. Mr. Enos stated it is the other way around, but there was an error in one of the notifications staff sent out; therefore, he would recommend when Items 4, 22, 25 and 28 are tabled, they not require reprocessing fee.

Commissioner Cook inquired why the Board cannot pass it without a recommendation from the P&Z Board; with Assistant County Attorney Eden Bentley responding the Florida Statutes require that the Local Planning Agency have a certain period of time to review it; and the Board cannot meet that time frame today, but could probably meet it at the August meeting.

Commissioner Ellis stated they had their chance to look at it; and inquired why the applicant has to be there, and if the P&Z Board cannot approve something unless the applicant is there; with Ms. Bentley responding no, but the Florida Statutes require that the P&Z Board make a recommendation to this Board, and has a certain amount of days to make that recommendation; and it has not made a recommendation, except to table the item.

Ms. Carter stated they sent her a resolution stating it was approved, then they sent her a letter telling her she had to be at this hearing on July 31, 1995. Chairman Higgs stated it is the Board of Adjustment Resolution and not the Zoning Board's resolution. Assistant Growth Management Director Peggy Busacca advised the letter should have read July 3, instead of July 31, 1995. Commissioner Cook stated the Board needs to find out why the P&Z Board requires people to be there before they pass or reject the rezoning; but according to the County Attorney, there is nothing the Board can do for Ms. Carter today.

Discussion ensued on the policy of the P&Z Board not to take action on applications where the applicants are not present.

Ms. Carter inquired if she has to return for the next meeting; with Chairman Higgs responding she does not have to attend this Board's hearing, and could send a letter requesting approval if she does not wish to be here. Commissioner O'Brien stated she has to attend the P&Z Board hearing. Chairman Higgs stated she is not required by law to attend the meeting. Commissioner Ellis stated that is not what he just heard. Ms. Carter stated that is where the confusion comes in; she was told she did not have to go to the other meeting but had to be at this one. Commissioner Ellis inquired if the reason for denial is because Ms. Carter was not present; with Mr. Enos responding the P&Z Board did not deny it, it tabled it which is typically its policy; he does not know if there is a law governing that; but it is the policy of the P&Z Board to hear the applicants at least the first hearing, and to table it the first time if an applicant is not present. Ms. Carter stated she spoke the first time about her pot belly pig. Mr. Enos inquired if it was at the July 3, 1995 P&Z Board hearing; with Ms. Carter responding no, it was on May 17, 1995. Chairman Higgs inquired what happened in May, and if it was the Board of Adjustment. Mr. Enos stated no one was present at the P&Z Board hearing on July 3, 1995, and she must be thinking about the Board of Adjustment hearing.

Chairman Higgs advised Ms. Carter that the Board cannot take action on her application tonight and will ask staff to look into the policy that the P&Z Board uses. Ms. Carter inquired if she has to pay the $500 again; with Chairman Higgs responding no, it was just tabled. Mr. Enos requested a motion to waive the fees on the four items.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to waive reprocessing fee for Items 4, 22, 25 and 28. Motion carried and ordered unanimously.

Item 6. Daniel and Lenora Kippeny's request for CUP for a guest house in RR-1 zoning classification on 1.534? acres located on the west side of Turtle Mound Road, south of Conners Cove, which was approved by the P&Z Board.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to approve Item 6 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 7. Florida Memorial Cemetery, Inc.'s request for change from BU-1 to AU and CUP for mausoleum on 0.78? acre located on the west side of U.S. 1, north of Compass Drive, which was approved by the P&Z Board. Motion by Commissioner Cook, seconded by Commissioner O'Brien, to approve Item 7 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 8. Space Coast Credit Union's request for CUP for additional building height in BU-1 zoning classification on 7.358? acres located on the southwest corner of Wickham Road and Baytree Drive, which was tabled by the P&Z Board to its August 7, 1995 meeting with no reprocessing fee required.

Motion by Commissioner Cook, seconded by Commissioner O'Brien, to table Item 8 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 9. Michael and Rosalie Michaels' request for change from BU-1 to BU-1-A on 1.17 acres located on the west side of SR A1A, south of Sea Dunes Drive, which was approved as RP by the P&Z Board.

Anita Cragg, 145 Hidden Cove Drive, Melbourne Beach, representing Hidden Cove and Lighthouse Cove Homeowners Associations, advised Hidden Cove is south of the property and Lighthouse Cove is contiguous to the property on the west; both communities authorized her to express their objections to BU-1-A zoning; Hidden Cove has 23 single-family lots; and Lighthouse Cove has 60 townhomes with 20 more under construction. She stated the parcel was part of the original development of Lighthouse Cove and was cut out; the original developer went under; then the bank took over and went under; so RTC took over, and her company purchased the condo property from RTC in 1992, but did not purchase the outparcel. She stated they have some legal issues to look at, when it comes to development of that property, as to supplying water and sewer to it, but that does not affect zoning. She stated the Association of Lighthouse Cove has written a letter; and presented copies to the Commissioners, and read it as follows: "Dear County Commissioners, The Board of Lighthouse Cove Condominium Association met and voted to take exception to Mr. and Mrs. Michael Michaels' request for zoning classification change. We wish to go on record by endorsing the Planning and Zoning staff's recommendation. We raise the following issues: In Michaels' letter dated June 13, 1995, paragraph 3, he states, 'The proposed use of the site would be compatible as a commercial use already exists in the form of the Olde English Pub located approximately 200 feet south of the property. This in effect would be a commercial cluster area. The mixed use that is there would meet the criteria as a cluster area.' This board feels an assumption has been made on the part of Mr. and Mrs. Michaels when they say that the New England Eatery is in an existing commercial cluster. We feel that the property was grandfathered in and should not have any effect on the current Land Use Comp Plan. If building a house requires one acre, how can a commercial building be allowed on anything less than an acre? And if the zoning for .71 acre is anything but RP, it could present undue hardship for Lighthouse Cove to provide water and sewer for an unknown commercial building. Our plans are designed for 80 townhomes and 60 are complete with the balance to be completed in 1996. Should the zoning request change to BU-1-A be approved, it would set a dangerous precedent relative to the future land use program. And Mr. Michaels claimed in his letter of July 13, 1995 that he heard no negative responses from any of my neighbors. Mr. Michaels did not discuss this issue with Lighthouse Cove, and we do object." Commissioner Cook inquired if Ms. Cragg has a problem with RP; with Ms. Cragg responding no.

Commissioner Ellis stated Ms. Cragg has been at meetings on both sides of issues in the South Beaches; and he does not think the townhouses are one to an acre; with Ms. Cragg responding they are not. Commissioner Ellis stated the objection of something being on .71 acre seems hollow given where it is coming from. Ms. Cragg stated she represents a group of homeowners; she is a developer, but has to do what the Board of Directors directed her to do; so she has two hats. Commissioner Ellis stated Mr. Michaels' rezoning is a down zoning from BU-1 to BU-1-A; with Ms. Cragg inquiring if it is consistent with the Comprehensive Land Use Plan. Commissioner Ellis inquired what is consistent in the South Beaches; and stated it is very confusing; a strip of parcels down there are all BU-1 and BU-1-A; the commercial cluster theory is there will be a certain amount of acreage every so many miles where commercial has to be; but is it fair for someone who has had commercially-zoned property for a long period of time to be down zoned to RP. He stated he does not understand what the tie in is with the water and sewer; and that is not an issue for zoning, but an issue between the Associations and parcel owner. Ms. Cragg advised it is a land development issue because there are legal problems with it; so when it comes to development time, it will be a problem, but it is not a problem for zoning. Commissioner Ellis stated it will not be a land use problem, it will be a land development problem; with Ms. Cragg responding that is why she prefaced her statement when she read the letter.

Michael Michaels, 2000 W. VanBeck Way, Milwaukee, Wisconsin, advised the parcel he purchased is north of a parcel that had concrete put up and pilings, but they stopped development and went bankrupt; the man who bought it owns St. Andrews Subdivision; he said he would bull-doze it and put in homes; but he understands they are going to be zero lot line homes. He stated he is asking for a home on one acre and .71 acre be zoned BU-1-A; and he is not planning to put multiple uses on the property, and is not requesting anything that is not already going on in the area.

Chairman Higgs advised the P&Z Board recommended RP which is consistent with the Comprehensive Plan and locational criteria for commercial clusters; and she will support a motion to approve that recommendation.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 9 as recommended by the P&Z Board.

Commissioner Cook inquired, since the property is not in compliance, would it require a zoning change; with Ms. Busacca responding yes. Commissioner Cook inquired if Mr. Michaels could not used the parcel as BU-1 today; with Ms. Busacca responding no, he could not.

Commissioner Ellis stated the request is to change from BU-1 to BU-1-A, and had it been in a cluster he could use it; the clusters defined on the map are arbitrary; if the properties are in the clusters they are salvaged, and if not, they are out; and it is not fair to all the property owners. He stated he did not vote for clustering when it was done a year ago, and he does not think it is fair to down zone people's properties to RP.

Chairman Higgs advised the clustering was done as part of the Comp Plan changes proposed in 1992 and approved by the Board in 1993, not a year ago; the Board talked about the issues then; the man who purchased the property has not had it long-term; and there needs to be some clarification. She stated the RP is consistent and should be approved.

Commissioner Cook inquired if Mr. Michaels purchased the property with the understanding it was BU-1, or was he aware it was out of compliance; with Mr. Michaels responding he asked the Zoning Board what it was zoned and was told it was BU-1. He stated he understood there was going to be a change, and they told him the County has not gotten down that far yet, and it will not be for a month or two, so if he hurried and got his application in, he could possibly get BU-1-A; but if he waited too long he would get whatever the Board gives him. Mr. Michaels stated he went to the Tax Department and asked what the property was being taxed as, and was told commercial property; so as far as he understood, it was still commercial property until it got to this point where it would be changed to BU-1-A or RP. Chairman Higgs inquired how long has Mr. Michaels owned the property; with Mr. Michaels responding the closing was on March 7, 1995.

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

Item 10. Marian Iris Locke's request for change from RU-2-8 and TU-1 to AU on 2.68? acres located on the west side of SR A1A, north of Turtle Bay Subdivision, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 10 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 11. Donald Klar's request for substantial expansion of pre-existing use for alcoholic beverages in TU-1 zoning classification on 1.96 acres located on the west side of U.S. 1, north of Grant Road, which was approved by the P&Z Board.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve Item 11 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 12. Jacqueline Senne Newman and Dolly Newman Edwards' request for change from RR-1 to SR and four flag lots on 11.77 acres located east and west of U.S. 1, north of Ambersand Place, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 12 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 13. Sung Wuk and Hyun Sook Chung's request for CUP for child care center in BU-1-A zoning classification on 4.39 acres located on the west side of Dairy Road, north of Eber Road, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 13 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 14. Robin Squires' request for Small Scale Plan Amendment, change from BU-1-A to BU-2 and CUP for marina on .68 acre located on the northwest corner of South Banana River Drive and Worley Avenue, which was approved by the P&Z Board with BDP limiting uses to marina related activities and no mechanical or fiberglass repairs and no outside rack storage.

Mr. Robin Squires, 582 S. Banana River Drive, Merritt Island, advised he bought the property to store boats on it; the lot is only for boat storage with no work or fiberglass repairs; they will have a six-foot fence around it; only marina personnel will be allowed in the area; the boats are cleaned before taken into the storage area so they will not have gas residue leaking into the ground; the lot is always mowed and kept clean and neat; and they are putting a barrier of trees and palms around the lot. He stated Merritt Island and Cocoa are boating communities; if marina use and activities are restricted, boaters will go elsewhere; and they do not want that, they want them to stay here. He stated there was a lot of drug deals, drinking, and undesirable activities on the property; and when he took it over, he did a lot to maintain it and make it better for the community.

Chairman Higgs inquired, in the item it talked about no mechanical and fiberglass repairs and no outside storage racks, so how will the boats be stored; with Mr. Squires responding they are stored on trailers. He stated when he has money available he would like to put in a building and put rack storage in it; but with the binding development plan, he agreed to no outside storage racks because they are gaudy. Chairman Higgs inquired if the DBP says only for storage; with Mr. Squires responding if he puts a building on there, he would like capacity at the front for a canvas shop, ships store, or marine-related activity inside a building.

Gene McCoy, 523 Bahama Drive, Indian Harbour Beach, advised he is a strong supporter of the change; the property is in Angel City; he has known it since the 1960's when it was very rough country; the Company he represents, Missileland Development Corporation, purchased the property across from the subject property in 1974; since that time they have owned six lots as a marina. He stated in the 21 years they have owned the property, they had a lot of trouble in Angel City; they had numerous problems with drugs, crime, violence, vandalism; about ten or twelve different tenants were driven out of Angel City by a combination of those things; it has always been a rough area; and it is now being upgraded significantly. He stated about a year ago the Corporation found Robin and Wendy Squires who moved onto the property, made it their home, got with the neighborhood, and proceeded to upgrade the property tremendously. He stated the upgrading has been tremendous and ongoing; and Angel City is on its way up as a community; the property has been used as a junk yard, storage yard, weed growing farm, and so forth for the 25 or so years he has known it; one of the first things the Squires did was to clean it up, put a fence around it, and began landscaping around the outside of the fence; and it has been significantly upgraded. Mr. McCoy advised what they are asking for will be a tremendous improvement to the neighborhood and overall community; there is no reason to oppose it; there was opposition on July 3, 1995; however, they talked to the people, and the specific oppositions were addressed and corrected by Mr. Squires. He stated the change is the best thing that has happened to Angel City in 30 years.

H. L. Clark, 3700 N. Riverside Drive, Indialantic, co-owner of Missileland Development Corporation, advised they owned the property which Robin Squires now occupies; and he heartily supports what Mr. McCoy said because the property is in the best shape it has ever been in 21 years. He stated Mr. Squires is a fine asset to the community, and is doing everything he can to upgrade it.

Shirley A. Squires and Thurston Squires, 2924 Marathon Avenue, Orlando, supported the request.

Commissioner O'Brien advised the Local Planning Agency recommendation was unanimous; and the P&Z recommendation was to approve with limited uses for marina-related activities and no mechanical or fiberglass repairs and no outside rack storage; and Mr. Squires has agreed to that. He stated Mr. Squires has cleaned the place up; it was an absolute junk yard before; a lot of people buy boats and cannot store them in the driveways and need a place to put them; so he will vote to approve the Local Planning Agency recommendation.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to approve Item 14 as recommended by the P&Z Board, adopt Ordinance approving Small Scale Plan Amendment 95S.7, and approve change of classification from BU-1-A to BU-2 with CUP for marina.

Chairman Higgs advised several months ago there were qualifiers associated with a marina use; and inquired if clarifying outside use would be for boat storage only and not get into mechanical or fiberglass repairs which may give the idea there will be other uses permitted would be better.

Commissioner O'Brien amended the motion to provide use of boat storage only on the property.

Chairman Higgs inquired if that can be done; with Ms. Bentley responding the binding development agreement has to be voluntarily agreed to by the applicant; so whatever he is willing to voluntarily agree to, can be incorporated in the agreement. Chairman Higgs advised Mr. Squires said no mechanical or fiberglass repairs and no outside rack storage; and by saying no to certain things, it leaves open other things that are not conceived of at this moment. Mr. Squires inquired what other things; with Chairman Higgs responding she does not know.

Commissioner O'Brien inquired if Mr. Squires agrees to outside storage of boats only; with Mr. Squires responding that is fine until he builds a building. Commissioner O'Brien stated if he builds a building, it would be different. Chairman Higgs inquired if Mr. Squires is willing to have the binding development plan say for outside storage of boats only; with Commissioner O'Brien responding until he constructs a building then he would have the freedom to have rack storage inside and perform repairs. Commissioner Ellis stated he cannot build a building if he commits to boat storage only. Chairman Higgs stated it could be for outside storage of boats only until he builds a building. Mr. Squires stated T. J. Wagner Trucking hauls boats for a living and has an 18-wheeler that he parks there whenever he is not on the road such as Saturdays and Sundays. Chairman Higgs stated that is a marine-related storage; with Mr. Squires responding yes, but if he is locked in to boat storage only, it would preclude the storage of the truck.

Commissioner Cook inquired about painting of boats; with Mr. Squires responding he is not going to paint any boats; and would say no marine construction, but he does not want to get stuck in a mindset and create something for people who do not like him to use against him, because he will be back. Commissioner Cook inquired if the CRG approved the Local Planning Agency recommendation which had no restrictions; with Mr. Squires responding yes; and the only reason he gave those concessions was because there was some opposition and he wanted to satisfy the neighbors across the canal who were worried about toxic fumes, etc. He stated if he were to get into that situation, he would do it across the street; but he does not want to restrict himself from building on that lot. Chairman Higgs stated she is not trying to do that, and is just trying to clarify that it would be marine-related storage. Mr. Squires stated he could deal with marina-related storage. Commissioner Ellis stated there are already restrictions on there, so why should there be more; with Mr. Squires responding that was the best they could come up with--no mechanical and fiberglass repairs and no outside rack storage; and he would agree to putting in no painting of boats. Mr. Squires stated there is no running water or sewer on the property.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to amend the motion to include marina-related storage. Motion carried and ordered unanimously.

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

Item 15. David and Wendy Arteaga's request for CUP for horses in SEU zoning classification on 10.82 acres located on the south side of Sanderling Road, west of South Tropical Trail, which was approved by the P&Z Board.

Motion by Commissioner O'Brien, seconded by Commissioner Cook, to approve Item 15 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 16. Sykes Creek Properties of Merritt Island, Inc.'s request for CUP for additional building height in BU-1 and BU-2 zoning classifications on 4.55? acres located on the east side of Sykes Creek Parkway and north of Merritt Island Causeway, which was withdrawn by the applicant.

The Board accepted withdrawal of Item 16.

Item 17. Harold and Emma Beard's request for change from AU to RRMH-1 on 1.10 acres located east side of Cody Place, south of Breckinridge Avenue, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 17 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 18. Harold and Phyllis Harris' request for change from GU to RRMH-1 on 2 acres located on the south side of Outback Road, east of Satellite Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 18 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 19. William W. Jones' request for change from GU to RRMH-1 on 1.26 acres located on the north side of Suntee Avenue, east of Satellite Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 19 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 20. Stewart and Joanna Roland's request for change from GU to RRMH-1 on 1.26 acres located on the south side of Keydeer Avenue, east of Satellite Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 20 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 21. Bill and Lorraine Johnson's request for change from GU to RRMH-1 on 1 acre located on the south side of Burning Tree Avenue, east of Satellite Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Item 21 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 22. Joseph Nelan's request for change from GU to RRMH-1 on 1.23 acres located on the south side of Eureka Avenue, east of Lindsay Way, which was tabled by the P&Z Board to its August 7, 1995 meeting with reprocessing fee required.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to table Item 22 as recommended by the P&Z Board, with no reprocessing fee required. Motion carried and ordered unanimously.

Item 23. James Smith and Peggy Nichols' request for change from GU to RRMH-1 on 2.28 acres located on the west side of Satellite Boulevard, north of Desert Sands Avenue, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Item 23 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 24. Charles E. Martin's request for change from GU to RRMH-1 on 1.15 acres located on the south side of Desert Sands Avenue, west of Giessen Avenue, which was withdrawn by the applicant.

The Board accepted withdrawal of Item 24.

Item 25. 4 G's of Brevard County, Inc.'s request for change from GU to RRMH-1 on 1 acre located on the north side of Terri Lee Avenue, east of Satellite Boulevard, which was tabled by the P&Z Board until its August 7, 1995 meeting, with reprocessing fee required.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to table Item 25 as recommended by the P&Z Board with no reprocessing fee required. Motion carried and ordered unanimously.

Item 26. Thelma Tanner and Marshall Drawdy, Sr.'s request for change from GU to RRMH-1 on 1 acre located on the north side of Olkowski Avenue, east of Satellite Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner O'Brien, to approve Item 26 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 27. Johnny and Cathy Grant's request for change from GU to RRMH-1 on 2.4 acres located on the northeast corner of Outback Road and Satellite Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to approve Item 27 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 28. 4 G's of Brevard County, Inc.'s request for change from GU to RRMH-1 on 1 acre located on the south side of Harley Avenue, east of Satellite Boulevard, which was tabled by the P&Z Board to its August 7, 1995 meeting with reprocessing fee required.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to table Item 28 as recommended by the P&Z Board with no reprocessing fee required. Motion carried and ordered unanimously.

Item 29. Roy and Linda Shapley's request for change from GU to RRMH-1 on 2 acres located on the south side of Olkowski Avenue, east of Satellite Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve Item 29 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 30. Audrey Kretzer's request for change from GU to RRMH-1 on 2.08 acres located on the northwest corner of Bear Trail and Satellite Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 30 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 31. Shirley Pedersen's request for change from GU to RRMH-1 on 1 acre located on the south side of Burning Tree Avenue, east of Satellite Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve Item 31 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 32. David Eitel's request for change from GU to RRMH-1 on 1? acre located on the north side of Burning Tree Avenue, east of Satellite Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 32 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 33. Danny and Linda Thurman's request for change from GU to RRMH-1 on 1.07 acres located on the south side of Missile Avenue, east of Satellite Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve Item 33 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 34. Bradford Gregory's request for change from GU to RRMH-1 on 1 acre located on the north side of Bear Trail, east of Satellite Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 34 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 35. Robert Ellsworth's request for change from GU to RRMH-1 on 2 acres located on the west side of Blounts Ridge Road, north of Aurantia Road, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 35 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 36. Nathaniel and Bernice Pilate's request for change from TR-1 to RRMH-1 on 1.15? acres located on the north side of Cuyler Street, east of Harry T. Moore Avenue, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 36 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 37. B.D.M. Financial Corporation's request for change from GU to RRMH-1 on 1 acre located on the north side of Pine Needle Road, west of Meadow Green Road, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 37 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 38. Jacob Aaron Corporation and Cape Canaveral Heights Properties, Inc.'s request for change from AU to RVP on 42 acres located north of SR 524 and SR 520, on the northwest end of the road split, which was denied by the P&Z Board.

Doug Robertson, Robertson & Associates, 100 Parnell Street, Merritt Island, advised Ron Schwartz is here also representing the property owners in this request for rezoning; and in almost 20 years of doing this, he has never come to the Board with a unanimous denial from the P&Z Board, so he is fighting an uphill battle and thinks he knows where they made mistakes. He stated they corrected the mistakes, and would like to have a fair day in court to go through them. He advised the request is for an RV park on 42 acres located at the intersection of SR 524 and SR 520; and the concept is to utilize the natural characteristics of the property to create rustic RV sites similar to Manatee Hammock. Mr. Robertson advised staff's report reflected some concerns with density; they resolved the problem by submitting a letter agreeing to bind themselves to no more than two units per acre; and that made it consistent with the Comprehensive Plan and density guidelines. He stated the issue of compatibility needs to be discussed in detail; it is important that the site be looked at from a larger perspective; staff normally looks at compatibility issues on abutting property basis; and in this case they need to see the bigger picture. He advised to the west of the site is Satellite Boulevard where the Board passed an Ordinance addressing planning issues and bringing some order to the area of haphazard mobile homes, tent sites, campers, etc.; closer to the site is a sludge disposal site which is used to dispose of septic waste; to the north is the Brevard County landfill which has been recently expanded significantly southward; and to the east are several existing mobile home developments and mobile home zoning. Mr. Robertson advised David Smith is a significant property owner in the immediate area identified on Exhibit 1 in yellow; he has provided a letter endorsing the project; Jacob Aaron Corporation and Cape Canaveral Heights Properties, Inc. own about 80% of the area identified in blue; and there are several outparcels that are not in their control. He stated the surrounding area is difficult to define and difficult to say an RV park is incompatible with surrounding uses; the Comprehensive Plan Policy indicates RV parks should be in the proximity of certain things; one is mobile homes; and they have that all around the property. He noted another is recreational areas; to the west is Burton Smith Regional Park, and to the east is Cocoa Expo Sports Complex and Brevard County Fairgrounds; and they have to be close to tourist-related facilities; I-95, SR 524 and SR 520 are tourist/commercial zoned areas, and SR 524 has an existing hotel; so from a locational criteria standpoint, they meet the criteria. Mr. Robertson stated staff pointed out they had outparcels to deal with; most of the area in the request is wetlands; of 42 acres, about 20 acres are usable; one or two outparcels will need to be acquired or provided access as part of the site plan approval process; and they understand they have to do that and will do that. He indicated it would probably be the only chance those parcels will have to get access by working with his clients. He advised at the last meeting they had opposition which hurt the project; in the immediate vicinity of the site are three single-family homes; two homeowners were in opposition; they met with those homeowners and worked on a buffering plan; and they are now here in support of the request. Mr. Robertson summarized the major issues of compatibility, locational criteria, resolving problems with property owners, and resolving the density issue through a binding agreement; and reiterated the support of property owners in the area.

Ronald Schwartz, P. O. Box 536452, Orlando, advised County staff has been cooperative in working with them and discussing areas they need to work on even though they did not support the project; Mr. Robertson summed up their position; and they have the support of adjacent property owners. He noted staff examined the locational criteria in Policy 4.1.1 and could not support the project based on a strict interpretation of that regulation, and defining "surrounding" to mean abutting or adjacent to; if reviewed in that light, they do not comply; but if the intent was to mean abutting and adjacent to, then the Plan would have used "abutting" or "adjacent to" and not surrounding. He stated if surrounding means a square mile or mile and a half, they do comply with that.

Harry Perrette, 5850 SR 524, Cocoa, advised his property is located on one side of the project; and he was very opposed to it and did not want to see it along the side of his property, but the applicants guaranteed him a larger buffer zone. He stated he has a nice home and does not want to mess it up; he has a nice property and pond; but since the project will not be next to his property, and he has a written guarantee for the buffer zone, he does not object any longer.

Chairman Higgs inquired what was guaranteed; with Mr. Perrette responding the acre along his property will have nothing on it and he will not see the project from his property.

Commissioner Ellis inquired if it is true that a one-acre buffer will be provided; with Mr. Robertson responding Jacob Aaron controls most of the property; and it is giving them additional property as a buffer to the project which they agreed is sufficient.

Chairman Higgs inquired what was given to the property owners; with Mr. Robertson responding land. Chairman Higgs inquired if it will be one acre; with Mr. Robertson responding approximately.

Commissioner Cook inquired if they also agreed to provide a natural vegetative buffer along the north boundary off SR 520 as requested by David Smith; with Mr. Robertson responding they agreed with Mr. Smith that they will work with him during his design process; and since they share some of the frontage, they would share the theme he is trying to achieve which is a vegetative buffer and fence. He noted Mr. Smith has been his client for many years.

Commissioner Scarborough inquired if an acre of land was deeded to Mr. Perrette; with Mr. Robertson responding there is an agreement to do that upon approval of the project; it is a private arrangement between the landowners and has nothing to do with the Board; but it took their concerns away, and that was important.

Commissioner Cook advised Mr. Smith's letter says he was assured by the applicant that, "the applicant agreed to provide a natural vegetative buffer along the north boundary of SR 520 across from my property; therefore, I would like to offer my support for the rezoning request."

Chairman Higgs advised the Board has no control over the personal agreements made with Jacob Aaron, and it has no authority to enforce those agreements. Commissioner Scarborough stated if they have a problem with noncompliance, their recourse is to the courts and not to the Board. Mr. Perrette stated he understands that and has no problem. Commissioner Scarborough stated the Board can stop the project if things incorporated in a binding development agreement do not occur; but since the agreements are private, they are beyond the Board's control.

Brenda Raver, 750 Adamson Road, Cocoa, advised she supports the project, and has been guaranteed a buffer zone by Mr. Robertson. She stated her father-in-law owns an RV which was in a Rockledge RV park; that park is full and the RV park in Titusville is full; so this is a perfect area to have an RV park. She stated it is at the interchange of I-95; and she is happy with her guaranteed buffer which her attorney approved.

Chairman Higgs inquired if Ms. Raver understands the Board's inability to enforce the private agreement; with Ms. Raver responding yes, her attorney clarified that.

Mr. Robertson stated their mistake was not defining "surrounding" in the terms staff did; staff looked at it as adjacent, and his client looked at it as surrounding; and the presentation was to give the Board a bigger picture. Commissioner Ellis stated it should not be relevant; anyone familiar with the area knows what is out there; it makes sense to assemble all the lots into one piece in an RV park; and the density is two units to an acre, so he will move to approve it. Motion by Commissioner Ellis, seconded by Commissioner Cook, to overrule the P&Z Board and approve Item 38, subject to a binding development plan limiting density to two units per acre.

Commissioner Scarborough inquired what was the purpose of Exhibit 2; with Mr. Robertson responding it is a site specific areawide plan that Jacob Aaron would like to actualize; the request is for the RV park, so he did not mention Exhibit 2; however, they will be back in several months to request a mobile home park further west from the site. He stated they agreed to keep all the properties along the frontage of SR 524 and Adamson Road as single-family in character; so they are only proposing changes close to SR 520. Commissioner Scarborough inquired if Mr. Enos has questions about Exhibit 2; with Zoning Official Rick Enos responding he understands it is an exhibit to present to the Board and has no binding effect. Mr. Robertson stated it is to let the Board know what they are trying to accomplish. Mr. Enos stated they have a binding development plan on the density of two units per acre, and that is their only commitment.

Chairman Higgs asked staff to read the language in the Comprehensive Plan on location. Mr. Enos read Policy 4.1.1.(b) as follows: "Recreational vehicle park should be located within mixed use districts with access to interstate interchanges and major through County transportation corridors; however, locations outside mixed use districts may be considered in existing or planned recreational areas, or where surrounding land uses are existing or planned recreational areas, mobile homes, and tourist-related uses where the density is consistent with the service sector and where compatible with the surrounding residential area." Mr. Robertson stated the site is across the street from a mixed use district and does not have to be in the mixed use district under the criteria. Mr. Enos stated because it is not in a mixed use district, the second portion of the Policy applies.

Commissioner Scarborough inquired if the owners of the outparcels were contacted; with Mr. Enos responding they received some objections, but he is not sure if they came from the owners of the outparcels; and he received letters from Mr. Robertson that included approvals from some if not all the outparcel owners. Mr. Robertson stated he retrieved the letters submitted in opposition; there were two letters from the same person in Bridgeport, Connecticut; and that is the only person who submitted letters in opposition. Commissioner Scarborough inquired if they contacted the outparcel owners; with Mr. Robertson responding they were contacted through the advertisement. Mr. Schwartz advised he personally contacted every outparcel owner, and Mr. Marowitz is the only one who submitted a letter in opposition because he attempted to buy the parcel and Mr. Marowitz wanted two or three times more than they felt it was worth. He stated when he talked to Mr. Marowitz, he did not oppose the project in their conversation.

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

Item 39. Jacob Aaron Corporation and Cape Canaveral Heights Properties, Inc.'s request for change from AU to TR-3 on 53 acres located west of Adamson Road, north of SR 524, which was tabled by the P&Z Board to its September 5, 1995 meeting with reprocessing fee required.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to table Item 39 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 40. Brevard County Board of County Commissioners, on its own motion, authorized administrative rezoning of 9.042? acres located on the north side of Brookhaven Street, south side of Fresno Street, and east of Calusa Avenue, from RU-1-9 to RU-1-11, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve Item 40 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 41. J. C. and Rosemary Carder's request for change from RU-1-11 to BU-1 on .70 acre located on the southeast corner of U.S. 1 and Secluded Way, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 41 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 42. Omitted from Agenda.

Item 43. Layton Conaway's request for change from GU to TR-1 on 0.241 acre located on the north side of Dunbar Street, west of Capron Road, which was approved by the P&Z Board as RU-1-11.

Mr. Enos advised the applicant withdrew the request.

The Board accepted withdrawal of Item 43.

Item 44. James and Lisa Burnett's request for change from GU to AU on 3.69 acres located on the north side of Date Palm Street and the west side of I-95, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 44 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 45. Edwin Gayle Kennedy's request for change from GU to AU on 2.07 acres located on the east side of Fan Palm Avenue, north of Areca Palm, and south of Cabbage Palm, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve Item 45 as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item 46. Zoning Official's Report. None.

Item 47. Thomas Price and Anthony Dale Price's request for change from GU to RRMH-1 on 1 acre located on the north side of Soggy Bottom Avenue, east of Satellite Boulevard, which was approved by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Ellis, to approve Item 47 as recommended by the P&Z Board. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ADMINISTRATIVE REZONING RECOMMENDATIONS OF JUNE 12, 1995 PLANNING AND ZONING BOARD MEETING

Chairman Higgs called for the public hearing to consider the Planning and Zoning (P&Z) Board's recommendations of June 12, 1995, on administrative rezonings as follows:

Assistant Growth Management Director Peggy Busacca advised the public hearing is to consider administrative rezonings that were tabled from June 12, 1995; they are all on the South Beaches; and staff recommends the item be tabled to give them an opportunity to put together language as directed by the Board last week, dealing with existing land use. She stated they would like to stop the administrative rezonings and not go forward until they have a handle on what that might mean. She stated they probably will need until January, 1996, because they will have to come back to the Board several times to get those policies worked out.

Chairman Higgs advised she has cards from Mr. Hathaway, Mr. Echols, and Mr. Coppola on this item; the request is to table until January, 1996; and it will not be discussed if that motion is made. She stated the Board discussed the essence of this and wanted to proceed to a solution of having a land use map that dealt with existing properties. Ms. Busacca advised the existing uses will be made consistent with the Future Land Use Map, but staff does not have any suggestions at this time to bring to the Board on vacant land; and they would like to have the opportunity to generate that.

Motion by Commissioner Cook, seconded by Commissioner Scarborough, to table the administrative rezoning recommendations of June 12, 1995 Planning and Zoning meeting until January 22, 1996. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to approve appointments/reappointments, as follows:

Planning and Zoning Board

Jack Wingo, 431 Arrowhead Lane, Melbourne Beach 32951, replacing Peter Kostrzewa, with term expiring July 31, 1996.

Building and Construction Advisory Committee

Ed Fleis, 280 Sea Dunes Drive, Melbourne Beach 32951, replacing Jack Wingo, with term expiring July 31, 1996.

Land Use Citizen Resource Group

Martin Lamb, 3535 N. Cocoa Boulevard, Cocoa 32926, with term expiring July 31, 1996.

Motion carried and ordered; Commissioner O'Brien voted nay.

APPOINTMENTS, RE: SEPTIC TANK TASK FORCE

Motion by Commissioner Scarborough, seconded by Commissioner Cook, to appoint the following:

District 1: Homeowner: Donald Garretson, 4975 Citrus Boulevard, Cocoa 32926-2210

Homeowner: Mary Tees, 5115 Fay Boulevard, Cocoa 32926

District 3 BCAC: Ed Fleis, 280 Sea Dunes Drive, Melbourne Beach 32951

Homeowner: Hugh (Pat) Kelly, Lot 32B, Grant Farm Island 32949

District 4 Installer: Robert Baker, P. O. Box 441, Grant 32949-0441

Soil Scientist: Robert Bolton, 3875 Toby Avenue, Valkaria 32950

District 5 Installer: Roy Pence, 3115 Dixie Highway NE, Palm Bay 32905

Builder: Richard Hawkes, 3809 Peacock Drive, Melbourne 32904

Motion carried and ordered unanimously.

APPROVAL, RE: SHERIFF'S OFFICE COPS UNIVERSAL GRANT APPLICATION

Joan Heller, representing the Sheriff's Department, advised the grant is for a program that is part of the President's Crime Bill which attempts to put more police officers on the streets; they had a July 31, 1995 deadline; the application had to go in with the post mark at or before 5:00 p.m.; and they are looking for a commitment from the Board for the 1998-1999 budget year to pick up five deputies. She stated the first year match is $25,000 out of $175,000, and the federal government will pay $150,000; in the second year, the Sheriff's share would go to $55,290, and to $85,700 the following year; and after that, Brevard County would be expected to pick up the five community policing officers. She stated they are okay with this fiscal year, but after that, they are looking for the Board's support so the Sheriff can commit to it, because he wants the officers for community policing.

Commissioner Cook inquired when will they be on board; with Ms. Heller responding right after October 1, 1995. Commissioner Cook inquired if they could reduce those positions from the Sheriff's budget request; with Ms. Heller responding the Sheriff said he wants the five in addition to the 24 deputies. Commissioner Cook inquired why would that be; with Ms. Heller responding because they are trying to get into community-oriented policing in certain high-crime areas where all five deputies will be assigned to the same geographical area to provide 24-hour day/ 7-day a week coverage. She stated it is the beat cop idea; and they are already doing some of it in Merritt Island, East Mims, and West Cocoa. Commissioner Cook inquired if this will keep the five deputies forever; with Ms. Heller responding yes. Commissioner Ellis stated five officers for seven days a week will cover only one area. Ms. Heller responded that is correct; they will cover one area; and that is their beat.

Chairman Higgs inquired if five deputies will be in one area; with Ms. Heller responding yes, and by the time they factor in vacations, sick leave, training, etc., it takes five officers to cover one geographic area. Chairman Higgs inquired what is the area; with Ms. Heller responding they have not decided yet, and it will be wherever they are having the biggest problem at the time. She stated it is intensive policing and follows the model the Justice Department is trying to get for them.

Commissioner O'Brien advised there have been several drive-by shootings on Merritt Island; and if they have the program in place, even if it is only for one year, they could turn that neighborhood right. He stated it has been a good neighborhood, but the people are living in fear of their lives now; people come from other neighborhoods and are shooting them; and drug deals are going down that were not occurring.

Commissioner Cook stated the Board does not know what area it will be; with Commissioner O'Brien responding he has a good idea what area it is going to be. Commissioner Cook inquired how does he know that; with Ms. Heller responding she cannot promise where the problem areas are going to be and cannot predict future crimes or whether crack cocaine will be a bigger problem in District 2 or not. Commissioner Cook stated he cannot support this and the additional 24 officers; considering the financial constraints the County is under, this does not make sense to him; and he has repeatedly said he is tired of getting things at the last minute to either vote for it or lose the money. He stated he thought the Board made a decision never to do that. Ms. Heller stated there are other deadlines in October, 1995 and March, 1996. Commissioner Cook stated nobody contacted him on this issue.

Commissioner Ellis stated if this is approved, he does not see the need for 24 additional deputies because the 24 is to cover the entire County, and if five people are put in one area, they do not need MSTU deputies in that area also. Ms. Heller stated the Sheriff does not want those officers to take the place of any of the 24 officers he is working on. Commissioner Ellis stated the 24 officers have not been approved and may be zero; and if the Board votes for five, there will definitely not be 24 more. Ms. Heller stated in that case, she was told by Chief Clark to withdraw the application. She stated the federal government is very adamant that they cannot supplant hiring they would have done otherwise; and whatever they get from the COPS grant has to be in addition to what they would have planned for. Commissioner Cook stated there is no guarantee the Sheriff will get 24 deputies.

Chairman Higgs stated there is no reason not to submit the application; and the Board could say to the Sheriff that it will not fund all 24 deputies, but this would not have an effect. Ms. Heller stated the Sheriff wants this to be a separate issue; with Commissioner Ellis responding that may be, but the 24 deputies were based on six patrol districts. Ms. Heller stated these are not five deputies intended to be spread around and doing regular patrols. Chairman Higgs inquired if this will be one patrol district; with Commissioner Cook responding yes, and they would have to stay in that area and be funded forever; and the Board has to commit to keeping them. He inquired if they have to stay in that one geographic area forever; with Ms. Heller responding no. She stated they are doing that to a limited degree on a federal grant through the Housing Authority; but it has not had the consistency that they are looking to do with this grant. Commissioner O'Brien stated the program is very good; it is effective; the Board would be wrong in turning it down; so he will make a motion to approve it.

Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to approve application for grant under the U.S. Justice Department's COPS Universal Program for the Sheriff's Department.

Commissioner Ellis stated he will support this with the understanding he will not put five deputies in one area and put four more in the same area under the MSTU, because that is not reasonable. Commissioner Cook stated he will go along with this, but will not support 24 additional officers. He stated it is a tax burden; law enforcement is mom and apple pie, but there is only so much of a burden the taxpayers can bear; and this is for five deputies to go in one area. Ms. Heller stated what they are attempting to do is recapture $375,000 of the federal dollars the people have already paid; and it is going somewhere else if not here. Commissioner Cook stated it stays on forever, and the taxpayers will have to pay for it. Commissioner Ellis inquired if it is an MSTU funded program to match the funds; with Ms. Heller responding the funding mechanism is up to the Board; and all they are asking for is a letter saying it plans to retain those people after five years.

Chairman Higgs inquired if those officers will be outside the normal area that deputies patrol, and if they are in the unincorporated area of the County and not in the cities; with Ms. Heller responding yes. Commissioner Ellis stated it has to be funded from the MSTU. Ms. Heller stated it dictates that they must use community policing principles, which is the beat cop, but it does not say how wide the area has to be; and they plan to have the deputies on foot and bicycles.

Commissioner Cook stated they do not know where the area is; with Ms. Heller responding it depends on where the crime is heaviest; and if it changes, they will change with it, but it will be in the unincorporated area. She stated they need a letter of support from the Board to fed-ex to the federal government and hope it accepts it. Commissioner O'Brien inquired why was it delayed; with Ms. Heller responding she received the application two weeks ago from one of the County offices; they were told they had two weeks to do it; they did all the research and filled it out in two weeks; and it was sent out at 5:00 p.m. today.

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

APPROVAL, RE: PAYMENT OF COURT ORDER IN BREVARD COUNTY vs. HARRIS

Assistant County Attorney Eden Bentley advised the Board authorized the appeal of a circuit court order awarding attorney's fees to an attorney who was court appointed to represent an indigent woman, or so it was believed at the time; the County Attorney's Office recommended an appeal of that order because it opened a new door for the Board to pay attorney's fees and costs; but the Fifth DCA did not agree with the Board's position, and the appeal was denied. She stated the Board needs to authorize Finance to pay the bill as soon as possible to avoid further interest accrual.

Commissioner Cook inquired what is the re-authorization of payment; with Ms. Bentley responding when the item first came to the Board, they obtained authorization to appeal; the Board was notified that if the appeal was not successful, the $3,000 would be owed and interest would accrue until that date; so the day they received the denial from the Fifth DCA, that fee was due with interest. She stated they think it was previously authorized for payment by the Board when it authorized the appeal with the knowledge that 12% interest would be accruing if they lost.

Motion by Commissioner Ellis, seconded by Commissioner Cook, to approve payment of attorney's fees including interest in the case of Brevard County v. Harris appeal. Motion carried and ordered unanimously.

REPORT, RE: UPDATE OF TROPICAL STORM

Assistant County Manager for Environmental Services Stephen Peffer advised the tropical storm appears to be headed south of Miami; from the advisory he has, it looks like it is headed towards Key Largo; it currently has sustained winds of 70 m.p.h. and is expected to reach Category 1 strength by tomorrow. Commissioner O'Brien inquired if 70 m.p.h. winds is a hurricane; with Mr. Peffer responding 75 m.p.h. winds would make it a Category 1 hurricane.

Upon motion and vote, the meeting adjourned at 7:15 p.m.

ATTEST:

SANDY CRAWFORD, CLERK

(S E A L)

NANCY N. HIGGS, CHAIRMAN

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA