5:00 PM Meeting called to order on November 4, 2010 at Board Room, Board Room, Viera, FL.

 

Attendee Name	Title	Status	Arrived
Robin Fisher	Vice Chairman/ Commissioner District 1	Present
Chuck Nelson	Commissioner District 2	Present
Trudie Infantini	Commissioner District 3	Present
Mary Bolin	Chairman / Commissioner District 4	Present
Andy Anderson	Commissioner District 5	Present

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ZONING STATEMENT

 

The Board of County Commissioners acts as a Quasi Judicial body when it hears requests for rezonings and Conditional Use Permits.  Applicants must provide competent substantial evidence establishing facts, or expert witness testimony showing that the request meets the Zoning Code and the Comprehensive Plan criteria.  Opponents must also testify as to facts, or provide expert testimony; whether they like, or dislike, a request is not competent evidence.  The Board must then decide whether the evidence demonstrates consistency and compatibility with the Comprehensive Plan and the existing rules in the Zoning Ordinance, property adjacent to the property to be rezoned, and the actual development of the surrounding area.  The Board cannot consider speculation, non-expert opinion testimony, or poll the audience by asking those in favor or opposed to stand up or raise their hands.  If a Commissioner has had communications regarding a rezoning or Conditional Use Permit request before the Board, the Commissioner must disclose the subject of the communication and the identity of the person, group, or entity, with whom the communication took place before the Board takes action on the request.  Likewise, if a Commissioner has made a site visit, inspection, or investigation, the Commissioner must disclose that fact before the Board takes action on the request.  Each applicant is allowed a total of 15 minutes to present their request unless the time is extended by a majority vote of the Board.  The applicant may reserve any portion of the 15 minutes for rebuttal.  Other speakers are allowed five minutes to speak.  Speakers may not pass their time to someone else in order to give that person more time to speak. 

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The invocation was given by Dave Dingley, Special Assistant to District 4 Commissioner Mary Bolin

 

Commissioner Robin Fisher led the assembly in the Pledge of Allegiance

 

 

RESOLUTION, RE:  RECOGNIZING AND COMMENDING BILLY MOSEBACH

 

Commissioner Nelson read aloud a resolution recognizing and commending Billy Mosebach for attaining the rank of Eagle Scout.

 

The Board adopted Resolution No. 10-231, recognizing and commending Billy Mosebach for attaining the rank of Eagle Scout; and offered congratulations and best wishes for a successful future.

 

Billy Mosebach expressed appreciation to the Board for the Resolution; attaining the rank of Eagle Scout is something he wanted to do to give back an organization that has been there for his family since he was a boy; and being an Eagle Scout has always been a lifelong dream.  He noted he came to the Board for help in waiving the fees on his permit; after that, everything fell into place; and the pavilion went together in 10 days.  He stated had it not been for Commissioner Nelson, he does not know what he would have done.

 

Commissioner Nelson stated the pavilion is extremely well used by the Sheriff's Office, as well as other employees; and it was even used for the unveiling of the Island of Champions sign for Merritt Island High School.  He noted Billy had a serious injury at camp over the summer in which he broke his neck in a swimming accident; and he is very fortunate that Billy is here today.

 

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REPORT, RE:  2011 LEGISLATIVE PACKAGE

 

Commissioner Nelson stated he had an opportunity today to meet with the ACDC, the Aerospace group that is dealing with jobs; the space agenda that will be given to the legislature was discussed; and it occurred to him that the Board is going to be meeting with its own legislative package, but it will not be done until after the Legislative Delegation has met, which will be in late November, but the package will not be done until sometime in January.  He stated he would like to meet with County Manager Howard Tipton to see if the timeline of the legislative package can be adjusted because he really thinks the Board should have a package to its delegation when they meet.  He noted the date of the legislative meeting is November 29th; and the package would need to be together and approved by the Board before that date.

 

PUBLIC HEARING, RE:  PLANNING AND ZONING RECOMMENDATIONS OF SEPTEMBER 2, AND OCTOBER 4, 2010; NORTH MERRITT ISLAND DEPENDENT SPECIAL DISTRICT BOARD OF OCTOBER 7, 2010; AND THE LPA RECOMMENDATION OF OCTOBER 18, 2010

 

Chairman Bolin called for a public hearing to consider Planning and Zoning Board Recommendations of September 2, and October 4, 2010; North Merritt Island Dependent Special District Board of October 7, 2010; and the LPA Recommendation of October 18, 2010.        

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V.B.1. (Z1008501) - ROY WAYNE YATES’ request for a CUP for Land Alteration in AGR and AU zoning classifications on 130 acres, +/-.  Located on the west side of Babcock St., approx. 0.5 miles south of Micco Rd. (9400 Babcock St., Fellsmere)

Cindy Fox, Planning and Zoning Enforcement Manager, stated Item V.A.1. was tabled by the Board on September 2nd; staff has received a request from the applicant to table the item; the tabling would not be automatic, so the Board would need to vote on that issue; also, the requested tabling is for a date that is not a regular Zoning meeting, so an alternate date would be needed; and the applicant's choice would be December 2nd or February 3rd, which are the next Zoning meetings.

 

Commissioner Anderson stated the item has been tabled a couple of times; for this meeting, there was not enough time to notify any residents; he knows the residents want to put some closure to the issue, one way or the other; and inquired if the reason for the request to table is because Mr. Yates is seeking to annex his property into the City of Palm Bay.  He stated tabling the items is unfair to the residents who have been here three or four times on the issue.

 

Ms. Fox advised the applicant has requested the tabling, so it is up to the Board; but the Board does not have to honor the request.  Commissioner Anderson stated either the Board has to table it, or it can go through the public hearing and then make a decision in order to put finality to the issue.  He stated his suggestion would be for the applicant to withdraw his application; but if the applicant does not want to withdraw, then the Board can proceed with the public hearing and end it one way or the other.  He inquired if Mr. Yates would be willing to withdraw his request for rezoning; with Mr. Yates responding no. 

 

Commissioner Fisher inquired if the annexation into Palm Bay looks like something that might happen.  Commissioner Anderson replied he does not know, but Mr. Yates is working with the City. 

 

Commissioner Fisher inquired, out of respect for the people that continue to come out to hear the issue, is Mr. Yates trying to annex his property into the City of Palm Bay.  Mr. Yates replied no, not yet; and it would be an option if the Board does not give him approval.  He stated the item was tabled on September 2nd, and there was supposed to be a series of meetings with the residents of Deer Run and Commissioner Anderson; but there was no meetings; and he called staff to request tabling the item again until there could be a meeting with the residents.  He stated all he is asking to do is dig a hole; every concern the Deer Run residents have mentioned have been about MSHA, OSHA, Brevard County, and the Department of Natural Resources, which covers all the concerns.  He stated he has had four or five meetings with Deer Run residents to try to fix their issues, but he does not know if that can be done; and he is not in favor of withdrawing his request, but he would like it tabled for the simple reason that he would like to stay in Brevard County.  He stated if approved, his borrow pit would be the eighth one in the area; if there is already seven pits operating, number eight would not be any different than the rest of them; he does not understand what the big concern is; anything the Deer Run residents have brought up in the past has no bearing on what the criteria is that the County gave him to do mining, which will be zoning and whatever else he had to go through; and stated he did everything the County wanted him to do.  He stated he did not know he had to get a permit from Deer Run; he did not know Deer Run was a permitting agency; there are probably five or 10 residents in Deer Run that do not agree with his request; but there are probably two million residents that can enjoy the cheap product that he is going to produce in Brevard County; and that is what he does not understand. 

 

Commissioner Anderson stated he met with Mr. Yates and Mr. Nohr, and at that time he told Mr. Yates that he was meeting with the Deer Run residents; and he thought Mr. Yates would have a representative there, but he did not.  Mr. Yates stated he never got that message or the invitation.  Commissioner Anderson stated he thought it was clear in the meeting held in his office when he told Mr. Yates when the meeting was; and stated he attended that meeting at which there were far more than 10 residents against it.  Mr. Yates stated there are seven borrow pits around the Deer Run subdivision.  Commissioner Anderson noted most of those are sand pits; with Mr. Yates stating his will be a sand pit also.

 

Commissioner Nelson inquired what Mr. Yates hopes to accomplish in the period of the requested tabling.  Mr. Yates replied he would like to have a meeting with the Deer Run residents to possibly address some of their issues.  Commissioner Nelson inquired if the purpose of tabling was for annexation.  Mr. Yates replied he does not know what else he can do; the only criteria he has not done is satisfy Deer Run; and he does not know how to do that.  Commissioner Anderson stated he was told by the City of Palm Bay that Mr. Yates is on an upcoming City Agenda to discuss annexation.    Mr. Yates stated it is an option; and if the Board denies him, he would like to know why.  Commissioner Anderson stated the Board has to hear the fact that come before it and then it will make a decision; but if it is denied the County Attorney will provide a Findings of Fact, along with the County staff to tell Mr. Yates why he was denied.

 

Commissioner Fisher stated he would think that if the Board is going to hear the item again, that Mr. Yates' representative, Philip Nohr would be present to make the case of the applicant; and inquired if the Board is legally going down a slope that it should not be.  Christine Lepore, Assistant County Attorney, replied it is her recollection from the September hearing that there was a full public hearing; and the Board allowed a tabling because it seemed there was some issues between the residents and how the proposed pit was going to operate; but that meeting did not happen.  She noted Mr. Yates has not made any request that he would like to have his attorney present if the Board continues with the public hearing; and she is sure Mr. Yates was advised by Zoning staff that the Board would have to vote on whether to table the item, and it could possibly choose not to.

 

Commissioner Infantini stated she feels the Board pretty much heard all of the testimony during the previous public hearing; and she feels there was sufficient information provided on both sides, as to whether the Board accepts or denies the application.

 

Commissioner Fisher inquired if there is the loss of fees if Mr. Yates withdraws his application; and inquired if Mr. Yates can come back and submit an application at a later date.  Mel Scott, Assistant County Manager, advised if the applicant chooses to withdraw and all the fees have been expended, the General Fund is supporting the application at this point, as the fee has long since been expended.  He noted if Mr. Yates wants to apply again in the future he can do that.

 

Mr. Yates stated he does not know what he, or anyone else could do to satisfy the Deer Run residents.  He advised OSHA will be at his pit starting on day one; when he applied for his permit, he met all the criteria Brevard County has; if he was going to harm anybody he would be shut down; and the Board has to make a decision one way or the other.

 

Chairman Bolin stated it is the consensus of the Board to continue with the public hearing.

 

Cindy Fox, Planning and Zoning Enforcement Manager, advised the application is the expansion of an already approved five-acre borrow pit to a 25-acre pit; the property is zoned AU; and the application was withdrawn in 2006 after similar issues arose from the Deer Run neighborhood; but since that time the application differs in that the distance is further away.

 

Tim Williams stated he is speaking on behalf of the Deer Run Community Association, which opposes the application for a Conditional Use Permit for Land Alteration.  He stated the Deer Run residents do not believe the applicant has met his burden of showing that all applicable standards and criteria have been met; the applicant falls short of his burdens under Section 62-1901(c)(1), which sets out the general standard for review; subsection c(1)(a) provides that proposed Conditional Use will not result in a substantial and adverse impact on adjacent nearby properties to due to (1) noise, odor, particularly smoke, fumes, and other omissions or other nuisance activities generated by the Conditional Use, or (2) the increase of traffic in the vicinity caused by proposed Conditional Use; and the residents are prepared to present testimony from neighboring property owners as to the increase in traffic and the impact the traffic created by the prior borrow pit operations.  He noted the application states that the proposed land alteration will be compatible with the current agricultural use to the south and west of the subject property; and the applicant does not even try to claim that it is compatible with the current residential uses immediately to his north. He advised testimony will be presented that will show that the applicant has not met all criteria; the proposed use must not materially and adversely affect an established residential neighborhood by introducing types or intensity of traffic; and there will be testimony from the neighboring property owners. 

 

Tammie Rutkowski stated Deer Run is the only deed-restricted equestrian subdivision in the County; the subdivision is one of the dwindling supply of places in the County that can hold equestrian events; and it is not only Deer Run that stands to lose but the south County as well.  She stated the last time Mr. Yates began his borrow pit operation, the riding trails went unused because of the danger posed by the noise and unpredictability of the activity; handling a horse on property next to a borrow pit is a nerve wracking prospect; and expert testimony has been provided in the past by an equestrian veterinarian and by a horse trainer as to the effect of a horse that is startled either by sudden noises or movements and reverberations in the ground.  She stated the riding trails have already been affected by the five-acre borrow pit; and she cannot imagine what will happen with a 25 or 30-acre borrow pit.   She stated a borrow pit is not compatible with an equestrian, residential community, nor is it compatible with the community riding facility, the arena, and club house; it is also not compatible with the new elementary school; it is not compatible with Waterstone; and it is not compatible with the recently annexed property of the Green Developments.  She stated Mr. Yates has a history of not following the rules; in 2000, Mr. Yates made alterations to his property in the following ways:  He filled an acre of surface water with fill; an acre of wetlands adverse hydrologic impacted 24 acres; he had treated sewage sludge on his property; he was reported for spreading sludge too close to his own well and ignoring guidelines; he started de-watering in the spring of 2006; and by early August, he was found not in compliance with his permit with the St. Johns River Water Management District. 

 

Jim Murray stated one thing that would knock out a neighborhood is the contamination of water; there is no one, single organization within the State of Florida that oversees all of the permits for mining operations; stated Mr. Nohr wanted the Board to believe that each organization will oversee each step; but that does not happen.  He stated Deer Run began its existence in 1980; the subdivision has no public water; and everyone in Deer Run has wells.  He advised the State of Florida Water Law 101 states that there is a prior appropriation, meaning new users cannot interfere with existing legal users; the water in the wells comes from the aquifer; if water is pumped from a well faster than it is replenished, the water tabled is lowered, or may go dry; and groundwater flows into an aquifer at different rates depending on permeability. He stated a piezometer is used to observe the behavior of groundwater and aquifers; a test is performed which measures the ability of an aquifer to locate water, how fast water will be removed, how fast it will take, and how fast it will recharge.  He advised Mr. Yates has not proved with scientific evidence that he will not impact the water in Deer Run; and if a drought situation is added to the de-watering, the water table will drop below existing wells and dry them up.

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Teresa Torsiello inquired about overflow; and stated Mr. Yates' plan is to have the overflow of the recharge basin going into an area that is designated as a flood zone.  She stated the County installed a pump on the southwest corner of Deer Run; the water from the pump flows into the Mary A; Mr. Satori has a 400-acre pond that drains into it the Mary A; when the level of the Mary A hits 25.5 feet, Mr. Satori must stop pumping, but his pond continues to overflow into the Mary A; and at that same time, Deer Run's pump has to stop, so it all backs up into Deer Run.  She advised the Mary A is also extremely blocked with overgrowth; the County has told the residents it will be expensive to clean out; and so there is a flooding issue that is without the de-watering.  She stated Mr. Yates' property is divided from Deer Run by the southern canal; the southern canal happens to be in her backyard; when Mr. Yates has the overflow, it is going to take gravity to move the water; when the water goes into the southern canal it has to use gravity to go west and then north into the satilly; and if Deer Run's pumps are turned off, the water is not able to move.  She stated the last time Mr. Yates de-watered, SJRWMD sent three letters stating he was not complying with the permit; when she asked Mr. Yates what he knew about mining, he told her he had no idea about coquina mining; and inquired who will be responsible when the mining operations adversely impact the water supply to the Deer Run residents.  She stated the American Groundwater Trust has stated that wells become infected when groundwater levels rise above normal and extend up to soil levels where bacteria is present; pumping into a recharge ditch can cause this; when the recharge overflows, additional bacteria can contaminate the groundwater; using a large recharge ditch attempts to force water faster into the aquifer, and the aquifer become vulnerable to bacteria; and some types of  bacteria can cause a nasty taste and odor, or cloudiness in the water.  She noted Mr. Yates is licensed to accept 52 million pounds of sludge per year; the DEP reportedly found that Mr. Yates was spreading the sludge too close to the well and was ignoring the setback guidelines; the type of sludge dumped was considered Class B sludge; and the State does not allow unrestricted access to a site where the sludge is applied; and it cannot be used on unrestricted public access, only restricted areas.  She inquired if there have been tests to ensure contamination will not occur from recharge in areas where sludge was dumped and is sitting in the soil; and inquired what type of bacteria is in the soil now that can affect the aquifer.  She stated the subject property is also used as a cattle ranch; inquired what contaminates can be present from the ranch activities; and inquired if anyone knows how it will affect her water, as there are no scientific tests telling her she is not affected. She stated iron bacteria causes staining of plumbing fittings and laundry; iron bacteria provides a place in wells for other bacteria to live; it can increase corrosion and cause encrustation of wells, screens, and pumps; and she had no issues with iron in her water until Mr. Yates began his de-watering.  She stated Mr. Yates' de-watering affected her water before; and it will again if the Board approves the application.

 

Theresa Bracken stated one critical factor to keep in mind is the effect a neighboring mine will have on Deer Run in terms of the homeowners insurance policies; and insurance companies can easily cancel a homeowners policy, refuse to insure, or refuse to pay a claim.  She stated an insurance agent referred to the Peril section of her homeowners policy, which is where exclusions state that they will not insure for loss caused directly or indirectly by any of the following: earth movement, waves of tremors, mine subsidence, and earth sinking, rising or shifting.  She stated it is essential that Yates and Company be mandated to annually provide adequate insurance coverage to all Deer Run residents against, but not limited to, any possible home fractures, property destruction, and sink holes or water loss; and that insurance must also cover any and all subsequent repairs required to restore the property, as well as provide living expenses while necessary repairs are made to the properties.  She added, a significant escrow account, along with bonds, will be essential to ensure Deer Run is protected when these issues occur.  She stated disclosure of the full essential facts and details regarding the Yates operation has not been existent; and in order for the Board to thoroughly and fairly evaluate his request for a CUP, a full and complete disclosure of all facts and facets relating to the proposed mine must be revealed.  She stated during the previous Board meeting, the Yates team attempted to dissuade the Board's concerns by stating they would use electric motors, since they are quieter than diesel motors; what was not disclosed is the exact method in which they plan to free the coquina from the earth; and the exact mining method is unknown; but there are a variety of methods that could be used.  She noted it is important to remember that all methods of mining coquina will have a direct and adverse impact on Deer Run; and possible methods include blasting and the wrecking ball technique.  She advised there is one additional method of mining the residents certainly hope Mr. Yates does not do, which is the environmentally insensitive hydrofacing, which involves an injection of a toxic chemical cocktail into the porous, open coquina system; few, if any, of the toxic chemicals are recoverable, which means they are free to flow throughout the entire earthen subsurface; and those chemicals will go into the groundwater.   She stated Mr. Yates and his attorney have repeatedly stated they are trying to be good neighbors; however, they fail to provide answers to many important questions and issues.

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Dr. Bob Allen stated he would like to address the dust hazards, of which crystalline silica is prominent; and it is likely to be released from coquina mining operations.  He stated silica dust is readily blown off in gentle winds and can be transported for several miles before settling; inhalation of coquina-laden air inevitably leads to the embedding of silica dust particles in the lung tissue and depending on the density of the particles in the air that one is exposed to, there are three classifications of the seriousness of silicosis, the most severe form of which can result in death.  He stated dust clouds that are laden with silica are visible when aggregate road building materials, such as crushed coquina, is poured into the new projected lanes for the widening of I-95; and if one inhales particles, he or she may carry them for the rest of their lives.  He noted the winds along the east coast of Central Florida are from the southeast; this means that most often, the silica particles rising from the Yates mine will be blown northeast, ultimately settling on Deer Run, or even the Sunrise Elementary School, which is only two miles north of the proposed coquina mine; there  are 80 students at the school who suffer from asthma; and at least one Deer Run resident has a serious pulmonary condition that could be aggravated by dust from the coquina mine.  He commented on court cases involving the Barefoot Bay Community and American Land Lease, and DC Moxley Contracting.  He stated the Board must decide whether the continued development of the south end of the County is going to focus on planned residential communities while allowing the concurrent development of adjacent environment threatening mining operations; and he does not believe the two can coexist.

 

Gilbert Werner stated his concern is less about the mining operation and more about how the material will be moved out of the mine to go to market; Babcock Street is the primary vein for that to happen, which is a two-lane road; and the road is already strained under normal conditions and is in constant repair.  He inquired how Babcock Street will be maintained under the strain of an additional 250 trucks, which equals 500 round trips; and the trucks are substantially heavier than the traffic that is there currently. He stated school buses pick up in the mornings and afternoons, so there is a gathering of children at various stages; when it rains, the children walk along the side of the road; and he does not believe there is a safe way to move the material in and out of the mine.  He concluded, the safety of the children and the residents has to be number one; and Babcock Road cannot maintain that type of traffic.

 

Nancy Allen stated the Malabar Scrub Jay Sanctuary and the St. Sebastian River Preserve are areas where endangered species live; and any thought of a mine in conjunction with such green areas would be absolutely incompatible in her view.

 

Helen Rodel stated the Planning and Zoning Board has denied Mr. Yates' application twice; Mr. Yates cannot be trusted; the Deer Run residents want to maintain their peace and quiet; and she respectfully requests that the Board deny Mr. Yates.

 

Len Becker stated the residents of Deer Run cannot wait for untreatable diseases and invisible problems to appear; the serious concerns by the residents and the many arguments against Mr. Yates have been presented; however, what has not been addressed to the Board is the fate and very existence of Deer Run, which is a deed restricted government within government with rules and obligations; and the Deer Run charter allows the community to charge homeowners annual dues, establish and maintain landscaping standards, provides a uniform covenant for the protection and welfare of the community, and issues warnings that refer to the arbitration in cases of significant violations. He stated Deer Run residents are not permitted to openly operate a commercial business, much less operate any business or endeavor creating air and water pollution, water depletion, and disturbing noise; and a vital objective of Deer Run's sovereignty is to uphold property values in the overall value of Deer Run.  He requested the Board deny the application.

 

Mr. Yates stated he rode cutting horses for 15 years and showed them all over the United States; it was called World Cutting; the horses were unloaded in the parking lot of Augusta, Georgia and ridden in front of bands; and if the Deer Run residents have horses that run off, then they do not have control of their horses.  He stated he had an administrative hearing with the St. Johns River Water Management District and Deer Run; an agreement was reached; SJRWMD supports him in that there would be no draw down from what he was doing, to Deer Run; and the agreement was signed by Deer Run.  He stated as for the yellow water that was mentioned, the water is laying on a bed of rock that has iron in it; and nearly all water in Florida has iron in it.  He stated he spoke to the Board 10 years ago on behalf of Deer Run and helped the community get the pump that is now in the southeast corner, which the residents are complaining about doing to the Mary A flow-way; the residents had to cut a deal with Mr. Satori to get that pump put in; there is a well for irrigation and a well for drinking; and 200 wells in that small of an area causes a well-pointing effect, which dries it up.  He stated the residents pump their water out of the aquifer either by the pumps they drill or the pump in the back of the subdivision; there is no way Deer Run will not have yellow water whether he is there or not; and SJRWMD is in full agreement with him as far as the draw down on the water he puts in.  He stated he will use piezometers to monitor the water; if the water level drops he will have to shut down; and he has designed the mine so that water would come around to his north and Deer Run's south, which would hydrate more than it ever has.  He stated there is no silica dust associated with the construction on I-95; he is sure there is dust that his harmful, but it is not coquina rock dust; and due to the winds, no dust of any kind would ever reach Deer Run.  He stated the south ditch is maintained by the County's Road and Bridge department, which uses a trackhoe that is exactly like what he will be using; and stated the trackhoe does not cause any tremors. 

 

Commissioner Anderson inquired what method Mr. Yates will use to withdraw the rock; with Mr. Yates responding he is going to dig the rock with a same trackhoe that is used by the County to maintain the ditch.  Commissioner Anderson stated when the County does ditch maintenance, it is mowing and not dipping into a vein of rock.  Mr. Yates stated the County scrapes rock as it cleans ditches.  Commissioner Anderson inquired how deep rock veins usually go; with Mr. Yates responding his go down 30 feet, which is what he is permitted for.  Commissioner Anderson inquired how far from the surface is the first piece of rock. 

 

Mr. Yates replied, on average, eight to 10 feet; and some places are shallower, and some are deeper; but most of it is eight to 10 feet.  He stated three years ago there was somewhere between 700 and 1,000 trucks on Babcock Road every day; and as far as he knows, there was not an accident resulting in a death.   Commissioner Anderson inquired how many trucks Mr. Yates anticipates; and stated if the Board was included to approve the request, it would have to limit the number of trucks that run daily.  Mr. Yates stated 250 trucks would be the maximum; in the current economy he might only be able to have 50 trucks; but if the economy gets better, he may be able to have 75.  Commissioner Anderson inquired if Mr. Yates would agree to 75 trucks; with Mr. Yates responding he would agree to 100 trucks. 

 

Commissioner Anderson stated roads are important to all the Commissioners; Babcock Street is deteriorating; and for any major contractor who comes before the Board, he is going to ask if they would be willing to put up a bond to secure any damage that may be caused by the traffic in and out of the mine to repair the road; and stated the taxpayers cannot afford to continually fix the roads in Brevard County.  He stated the danger is that if trucks continue to drive that road, then the base will fail; if the base fails it becomes a very expensive repair; it is not proper to ask the taxpayers to pave the road; and at some point there has to be a limit to the damage done to the road.  Mr. Yates advised he is willing to carry a bond to protect the citizens; and he will look at the road and assess the situation.  He stated there will not be tremors or vibrations; he will be digging at the same level that is dug at for fill dirt; and he is not going to use a wrecking ball, as has been mentioned by some of the residents. 

Commissioner Anderson stated according to the County's guidelines, a mining operation is not compatible with Deer Run.  Mr. Yates stated he is compatible with Deer Run.  He stated the residents mentioned the sludge and wastewater that was highly contaminated, which was close to nine years ago; the sludge he used was 98.6 percent pure water, except it is brown; Deer Run complained and it was moved to Barefoot Bay; and it was dumped into the Indian River Lagoon. 

 

Commissioner Anderson stated he is familiar with the pump that is in the Deer Run community; the pump does not come on automatically; there has to be a certain level of rainfall before the pump kicks on; and that is one of his complaints, that the water table rises quite high before the pump comes on.  He stated well-pointing would not be a factor, as Mr. Yates mentioned, because that water is perking down for a considerable period of time until the pump kicks on.  Assistant County Manager Mel Scott stated the pump kicks on in fairly dramatic events and does not account for what would be a typical rainfall in a typical recharge event. 

 

Commissioner Anderson stated he does not think any of the County's ditch cleaning equipment digs down 10 feet; and one of the concerns of the residents had was that the County did not have a ditch deep enough for capacity.  Mr. Scott stated one of the challenges that Road and Bridge crews face is not whether or not the County actually makes a ditch deeper or wider, but that over time it silts; and every so often the County has to go in with heavier equipment and apply additional effort to those ditches to get them back to a more historic depth and width that over time has been eroded because of silting and sloughing that occurs naturally in the ditch systems all throughout the County.  Commissioner Anderson noted it is highly unlikely the County is hitting the coquina level, unless it is just occasionally. 

 

Commissioner Nelson inquired how close the City of Palm Bay is, for annexation purposes.  Commissioner Anderson replied, the property to the south of the subject property is in the process of being annexed currently. 

 

Commissioner Anderson stated the number one issue for him is the compatibility; property rights only extend so far until someone starts violating the property rights of adjacent neighbors; and he does not feel that a mine is compatible with residential adjacent to it.  He stated the Board has not received any expert testimony from Mr. Yates as to how the rock veins run in the area; he is concerned that if the rock veins run underneath adjacent houses vibrations will occur when the rock is dug; if the Board approves the Conditional Use Permit, the County and the taxpayers will be on the hook for anything that may occur to the foundations of the adjacent neighbors; and he is not willing to pass that risk on to the rest of the taxpayers of Brevard County. 

 

There being no further comments or objections, the Board denied the request by Roy Wayne Yates, as recommended by the Planning and Zoning Board; and directed staff to prepare of Findings of Fact.

 

MOVER:             Andy Anderson, Commissioner District 5

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

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V.B.1. (NMI10101) - BRYAN F. & ROBIN D. DOUBEK's request for a Small Scale Plan Amendment to change the Future Land Use Designation from Neighborhood Commercial to Community Commercial, and a change from AU to BU-1 on 2.5 acres.  Located at the northeast corner of Chase Hammock Rd. & North Courtenay Pkwy.  (500 Chase Hammock Rd., Merritt Island)

 

Cindy Fox, Planning and Zoning Enforcement Manager, stated the item is a request for rezoning and a Small Scale Plan Amendment to change the zoning from AU to BU-1 for the purposes of a motorcycle repair shop; currently, the property is developed with a single-family residents with an almost 2,000 square-foot accessory building; and the applicant would like to use the building for his business, while keeping the house on the property as his primary residence.

 

Bryan Doubek stated he is proposing to open a motorcycle repair shop, utilizing the 925 square-foot building located on the northwest corner of his property; the building is adjacent to S.R. 3 (Courtenay Parkway), and not adjacent to Chase Hammock Road; and the building is not visible from Chase Hammock Road, as it is blocked by vegetation.  He advised he would be the owner and operator of the business; in the beginning there would be no employees; and he would grow the business based on what the economy does in Brevard County.  He noted all work would be done indoors, in order to stay out of the heat; he currently works on the motorcycles of his friends and family; and he has never had anybody complain that there has been noise coming from his building.  He stated he understands he would have to put in 10 parking spaces, along with access to Courtenay Parkway; he has discussed those issues with Crisafulli Enterprises, who will be using Bussen Engineering to come up with an actual site plan that would have to be approved in order for him to move forward with the business.  He advised he would like to keep the landscaping as it currently is on the property, because at this time his property is not visible from Courtenay Parkway due to the heavy vegetation; and he would like to keep as much privacy as possible, because he is going to stay in the house.   He noted 24 properties along Courtenay Parkway near his are commercial; 80 to 85 percent of the acreage in the area is commercial along Courtenay Parkway.  He stated Sean Campbell, one of his neighbors on Lovett Drive, has a concern about the noise; he realized his property was on S.R. 3 when he bought it; S.R. 3 is a busy highway, as it is the gateway to the Space Center; and he hears traffic 24 hours per day; and people need to understand that if buy near Courtenay Parkway, there is going to be noise.  He stated he would predict that he would be working on six to eight motorcycles, given the current economy; six to eight motorcycles is not a drastic impact to S.R. 3; his access will be to S.R. 3, not Chase Hammock Road; and there would be no reason for him to use his dirt driveway to Chase Hammock Road.  He noted there is already BU-1 directly across Chase Hammock Road from his property; there is BU-1 on the whole other side of the street; and his neighbors on Chase Hammock already have BU-1 abutting their properties.  He stated one of his neighbors, Bill Purdue, has commented that there will be test rides at 2:00 a.m.; stated he is not going to work on motorcycles at 2:00 a.m.; and that can also be controlled by having set hours as part of the zoning approval; but it still does not stop the fact that motorcycles and other vehicles are heard on S.R. 3 all hours of the day and night.  He stated Mr. Purdue has a fake fire station and a fire truck on his property that is labeled BPFD, Bill Purdue Fire Department; when fire trucks go down the road, Mr. Purdue gets in his own fire truck and races down Chase Hammock Road chasing the fire trucks with his light on; there are no sidewalks on Chase Hammock Road; and it is very unsafe for the neighborhood.  He noted stated Mr. Purdue is not on the Merritt Island Volunteer Fire Department's active roster anymore; and Mr. Purdue has his own zoning issue because he is running a pseudo fire department out of his yard. He noted a Merritt Island Advisory Board member stated it would be too expensive for him to put in a driveway, therefore his request should not be approved; he is aware of the cost; and he does not think an advisory board should try to figure out what he is worth or what he can afford to do.  He stated there have been some comments about a neighbor who used to live behind him and had large motorcycle parties that disturbed the other neighbors; he did not attend those parties; and he is not sure how parties affect zoning, but he could throw a party whether he is commercial or residential.  He stated the Board needs to decide if Courtenay is residential or if it is commercial; and his compatibility is with Courtenay Parkway at this time, which is commercial.

 

James Plummer stated he is Mr. Doubek's closest neighbor; he has no problem with what Mr. Doubek is trying to do, as he is just trying to make a living; and stated Courtenay is a constantly noisy street.  He noted there used to be parties on a nearby property, but all the neighbors knew about them; and the parties started early in the morning and were over by evening.

 

Allen Helton stated he lives due east of Mr. Doubek; the only objection he has is the noise; once Mr. Doubek is given permission to open a motorcycle shop, he can run it 24 hours a day, seven days a week; and motorcycles are very noisy.  He stated having a motorcycle repair shop next door to him will not increase the value of his property. 

 

Sean Campbell stated he has been in business in Brevard County for 18 years; he has seen similar situations with other neighborhoods; he has tried to be a good neighbor by adjusting his business accordingly; and he has sought out areas that are already zoned for a specific business.  He stated the proposed business is going to be a Harley Davidson repair shop, which lends itself to some extremely loud machines; and there will be a lot of traffic.  He noted he is a very strong advocate for small business; however, the proposed use is not compatible with the area; and the only ingress/egress is a dirt road going to Chase Hammock.  He stated as far as the ingress/egress to Courtenay, he is not sure that will satisfy the problem because Mr. Doubek is still going to have that access to Chase Hammock, which lends itself to test riding motorcycles after they are repaired; and they have to be test driven somewhere.  He stated his main concern is that the proposed motorcycle repair shop is not compatible; it backs up to AU on both sides; the Board will be setting a precedent if it approves the request; and what really concerns him are the long-term prospects.  He stated he used to sit on the North Merritt Island Dependent Special District Board; he personally oversaw many zoning changes, land use changes, and special use changes that were for the betterment of the community; and this would not serve for the betterment of the community. 

 

William Purdue stated when he moved to Chase Hammock Road 30 years ago it was a dirt road; most of the property was agricultural; and the residents got together years ago and got the County to force the issue that most of the area stay agricultural because they wanted that type of neighborhood.  He stated in order to get to Mr. Doubek's proposed business, one would have to pass his house, as there is no exit to S.R. 3; and there is no way Mr. Doubek can get onto S.R. 3 without putting in culverts, because there is a drainage ditch there.  He stated he owns the antique fire truck; it is a hobby; and nobody has ever said anything to him about it.  He noted if the property is changed to BU-1, that means anything in that designation can go in there, such as a 7-Eleven, or a restaurant with bright lights.

 

Commissioner Nelson inquired what is on the property that is adjacent to Mr. Purdue, on the corner of Chase Hammock.  Mr. Purdue replied half of it is a forest, and the other half is a warehouse; AT&T is renting it as a warehouse; and no one even knows anyone is there. 

 

Earl Whitcomb stated he has lived on North Merritt Island since 1960; he has seen a lot of changes; and there have been motorcycles in the area for years. He stated he has a motorcycle himself; it is great that there will be a place where people can take their motorcycles; if he were to take his motorcycle to Mr. Doubek's shop, he would trailer it in; and Mr. Doubek will be working on several different kinds of bikes, not just Harley's.  He stated he understands there are a lot of nice houses in the area; but there are also other businesses; Mr. Campbell built most of the houses on Lovett Drive; and the building Commissioner Nelson was referring to was used for contractors.  True Flow Plumbing was located there for quite a while; and now it is kind of subdued, but so is every other business in the County right now.  He stated limiting the hours of operation could be one solution that helps the neighbors; and most repair shops operate between the hours of 8:00 a.m. and 5:00 p.m.

 

Mr. Doubek stated he has heard several times that his access will be off of Chase Hammock Road; he has a dirt lane on Chase Hammock Road; his plan is not to have motorcycles coming in and out on the dirt lane; it also winds through trees, and it is very long; it would not be cost effective to pave out to Chase Hammock; and that is why he would spend the money to put the access in to Courtenay Parkway, instead of Chase Hammock.  He stated he would not have a problem with restricting his hours of operation; it was mentioned that motorcycles race down Chase Hammock; and inquired why anyone would want to race down Chase Hammock when they can race down the four-laned Courtenay Parkway, which is one of the biggest loop rides for motorcycles in Brevard County.  He commented on counting at least 48 motorcycles driving up and down Courtenay Parkway on a Sunday.   He concluded, he does not think his six or eight motorcycles that he would work on in one week would make much of a difference in traffic or sound on Courtenay Parkway. 

 

Commissioner Anderson inquired if Mr. Doubek would be doing exhaust work, and if he would be tuning bikes in his shop.  Mr. Doubek stated no, he cannot afford a $30,000 Dyna; and currently, King Performance is already on Courtenay and they do that.

 

Commissioner Nelson inquired if Mr. Doubek bought the property for the purpose of a motorcycle repair shop; and stated if he was going to buy a property for a business, he would want to carefully select where it is to try to minimize the objections. 

 

Mr. Doubek stated he leased the property for a year to be sure that is where he wanted to live; he had certain criteria for looking for property; he owns a boat, motorcycles, and dirt bikes; he needed a place that was big enough for everything; and he wanted a pool for his kids. He stated when he went through the criteria, one property showed up on Merritt Island, which is the property he bought; and he fought like crazy to get the property because it was the only one that fit the criteria he needed for his own personal use.  He noted he put a 30-year roof on the house the first week he was there; he bought the house as a residential property; he did not buy the house for the business; the property was a mess because it had been in foreclosure for a long time; and he has been trying to clean up the vegetation because it is overgrown.

 

Commissioner Nelson stated he drove Chase Hammock Road and Courtenay Parkway just to re-familiarize himself with the area; and Mr. Doubek is correct, he has a beautiful piece of property, and those adjacent to him are also very nice.  Mr. Doubek stated his property lines up on Courtenay with all the commercial property; across the street is the AT&T property which has 30 trucks parked there that come in and out all day long; and that is a high-traffic area.  Commissioner Nelson stated there is also a slew that goes between AT&T and the next residential property; each property is unique to itself; across the street, the Crisafulli property has the same slew that runs all north and south on Merritt Island; it is a natural buffer; and there is no residential there.  Mr. Doubek noted he has a large pond between him and all his neighbors.  Commissioner Nelson stated ponds actually transmit sound better; but what he is referring to is the bay head that runs there that insulates from the rest of the residential; and that does not occur on Mr. Doubek's property.  He added, Mr. Doubek has some scattered trees, but not like the impenetrable waterway effect.

 

Commissioner Fisher inquired if Mr. Doubek has a site plan in order to get an idea of where his access to Courtenay would go; and inquired about the visibility of the outbuilding at that point in time.  Mr. Doubek replied no, he does not have a site plat yet; Planning and Zoning staff told him he needed to go through the public hearing process first before he could do any type of site planning, as the cost would be an additional $2,800. 

 

Commissioner Fisher stated if the Board zones the property commercial, then Mr. Doubek will still have to work with the State or County to get access to Courtenay Parkway; and inquired if that is a condition of the occupational license business permit if the Board grants the zoning change.  Ms. Fox stated when Mr. Doubek pulls a Business Tax Receipt, he would come up for a Change of Use, or a site plan requirement; stated she advised Mr. Doubek when he first made application that he needed to run the property through the gamut to check through the site plan process to know what is really expected of him before he goes through the zoning process; and Mr. Doubek is fully aware of what he has to do on the property. 

 

Commissioner Fisher stated BU-1 entails a broad range of commercial zoning; and inquired if Mr. Doubek is willing to put conditions on the property that will guarantee it will stay a motorcycle shop.  Mr. Doubek replied yes, he is willing to put conditions on his zoning, if approved.  Commissioner Fisher inquired if Mr. Doubek will just be doing repairs, or is he doing sales; and inquired if someday, the property could look like a commercial lot with motorcycles for sale outside.  Mr. Doubek replied currently, he is looking at doing service, such as oil changes, tune-ups, and general bolt-on accessories. 

 

Commissioner Infantini stated she has a few reservations because on one hand it appears Mr. Doubek's building is very isolated; but once the zoning is changed, Chase Hammock Road is the only border that separates the commercial side from the residential side; and once one property is changed, then the owner next door will want to change to commercial because it would appear to be compatible, and then the whole neighborhood would be encroached upon.  She stated Chase Hammock Road is the only buffer that separates the commercial area from the residential area; she does not like to be against somebody doing a business out of his or her home; she would think that a certain amount of due diligence would have gone into the acquisition; and she has not heard overwhelming information to encourage the Board to change it to commercial zoning because then that would be the change for the whole neighborhood; and she is worried about the compatibility.  She stated Chase Hammock Road is the buffer between commercial and residential; there is commercial on the other side; the opposite side of the road from Mr. Doubek is commercial; his side is all residential; and once that side of the road is changed it starts a domino effect.  Mr. Doubek inquired why his property would be any different than the AT&T building, as they are both splitting the highway of S.R. 3 from the neighborhood of Chase Hammock; and he is in line with that BU-1 buffering the same way.  Commissioner Infantini stated just because previous Commissioners have made choices, it does not compel her as a current Commissioner to make those same choices; she looked at similar neighborhoods; and she does not know that she would want that type of business next door to her.

 

Commissioner Bolin stated she is concerned that if the Board changes the zoning to BU-1 it opens up a whole variety of different types of businesses that could go onto that property long after Mr. Doubek has gone away; and the Board has to look at what the actual long-range effect will be if the property is rezoned.  She stated she is also concerned with the hours of operation; if he is going to be repairing the motorcycles for people who work, and they get off work at 5:00 p.m. or 6:00 p.m.; and inquired if the motorcycles will be test ridden when the owners pick them up.  Mr. Doubek replied the other five mechanic-type buildings that are within a mile and a half of his property all close at 6:00 p.m.; if someone is not there to pick up his or her bike and leave by 6:00 p.m., then they have to come back at 8:00 a.m. to get it; and stated he is willing to limit the hours. 

 

Chairman Bolin inquired what other types of businesses are allowed in BU-1.  Ms. Fox advised the Board is also changing the Comp Plan from Neighborhood Commercial to Community Commercial; other BU-1 compatible uses would be automobile repairs, tires, mufflers, automobile sales and storage, banks, grocery stores, Publix, lawn mower sales, and motorcycle sales. 

 

Commissioner Anderson stated he has three years experience working in a Harley dealership; there were 30 bikes being worked on at the same time; it is a very quiet operation; and he can vouch that 80 percent of the people trailer their bikes in because there is no other way to get to work after they drop it off.  He stated several people in the neighborhood have Harley's; and he thinks general recreation riding would probably lend itself to be more intrusive than what Mr. Doubek is asking to do.

 

Commissioner Nelson stated the area is residential; it was intended to be residential; it was built as residential; and one of the tragedies of Courtenay, north of the barge canal is that there was a time when Commissioners decided they wanted it a certain way; a future land use was created that was almost commercial all the way up; and now it is known that that kind of development does not work, and it never should have been that way.  He stated Mr. Doubek has purchased a property that has some rights in terms of its future land use, but it is a very low-intensity land use; what Mr. Doubek is asking for is to increase it to a very high-intensity land use; and that is a concern to him.  He stated today, Mr. Doubek wants to repair six or seven motorcycles, but in the future he could sell the property and it could become a dealership; and that is a different animal than what is being discussed today.  He stated the Board has to look at it from the perspective of what are all those other things that can happen on the property; Commissioner Infantini is correct in that Chase Hammock Road is that transition between probably what was not the best land use decision across the street, but one that was made; stated Mr. Doubek is asking the Board to approve a much more intense use; and that is what he really has an issue with.  He advised there are still other uses Mr. Doubek could use the property for, but they are much less intensive than a motorcycle repair shop; and he does not want to see him limit himself to be successful, which is what will happen if the Board puts limits on his business.

 

There being no further comments or objections, the Board denied the request by Bryan F. and Robin D. Doubek, as recommended by the Planning and Zoning Board; and directed staff to prepare of Findings of Fact.

 

 

 

V.B.2. (Z1010301) - PATRICK LIVEZEY AND LESLIE LARUE’s request for a change from RR-1 to AU on 2.5 acres.  Located on the north side of Fleming Grant Rd., approx. 300 ft. east of the northern terminus of Mockingbird Lane (9629 Fleming Grant Rd., Micco)

 

Cindy Fox, Planning and Zoning Enforcement Manager, advised the item is a request for a change from RR-1 to AU on 2.5 acres; and the applicant is requesting the change in order to do aquaculture on the property.

 

Patrick Livezey, applicant, stated he would like to raise blue talapia for breed stock; and it is going to subsidize his retirement in the future. 

 

Motion by Commissioner Infantini, seconded by Commissioner Anderson, to approve the request by Patrick Livezey and Leslie Larue, as recommended by the Planning and Zoning Board.

 

 

Chairman Bolin inquired if Mr. Livezey would need to bring trucks to and from the property for the farming of the fish.  Mr. Livezey replied it is a freshwater farm; he would not need any trucks; the fish are very easy to raise, as they survive low temperatures; and he is just looking to make a little bit of money off the property. 

 

Chairman Bolin inquired if approval of the request opens the property up to other uses that the Board would need to consider.  Ms. Fox replied the surrounding properties are RR-1, which is limited to horses, horticulture, and barns only; and the AU use would open it up to full agricultural pursuits. Chairman Bolin stated she is uncomfortable opening up the property to the full use of agricultural pursuits; and inquired if the applicant would consider restricting his use to aquaculture.  Mr. Livezey replied the Planning and Zoning Board wanted to restrict him also; there are other properties around him that are AU, and they are not restricted to anything; he likes miniature farm animals; and he would like to have some miniature sheep or goats in the future; but he is not looking to raise a big farm. 

 

Commissioner Anderson stated he knows of areas in his District that have goats next to residential areas; and based on the fact that no one is present to oppose the request by Mr. Livezey, he does not have a problem. 

 

Commissioner Nelson noted there is no AU adjacent to Mr. Livezey's property; and he is surrounded by RR-1 on all sides.  Mr. Livezey stated the property behind him is 30 acres; but he is not sure if it is residential or not.   Commissioner Nelson stated he does not have a problem with aquaculture, but AU offers many different uses; and Mr. Livezey's property is 2.5 acres and is surrounded by residential. 

 

Chairman Bolin inquired if Mr. Livezey's neighbors are aware of the fact that if the request is approved he can bring in a complete chicken farm.  Mr. Livezey replied yes, his neighbors are aware. He stated he has no intention of raising a chicken farm; but he does not want to be restricted to anything because the people that have agricultural around him have no restrictions.  Commissioner Anderson stated what Mr. Livezey is trying to say is that there are people in the area that treat their properties as agricultural.

 

Commissioner Infantini stated she would like to amend her previous motion to permit aquaculture only; and at some time Mr. Livezey decides he wants to have miniature goats, then he can come back before the Board.  Mr. Livezey stated he is fine with that.  Commissioner Anderson amended his second to the motion.

 

There being no further comments or objections, the Board approved the request by Patrick Livezey and Leslie Larue, limited to Aquaculture only.

 

 

 

V.B.3. (Z1010401) ICV VIERA, LLC - (Christopher Pascale) - requests a CUP for Alcoholic Beverages for On-Premises Consumption (Beer & Wine only) in a PUD (Planned Unit Development) zoning classification on 0.06 acre.  Located on the north side of Viera Blvd., approx 560 ft. west of Murrell Rd. (1970 Viera Blvd., Rockledge)

 

Cindy Fox, Planning and Zoning Enforcement Manager, stated the item is a request for alcoholic beverages for on-premises consumption of beer and wine only; and the location is currently commercial, establishing a new business that has not previously had a Conditional Use Permit for alcohol.  She noted there is a property adjacent to the subject property, which is the Beef 'O Brady's restaurant that currently has a CUP.

 

There being no objections, the Board approved the request by ICV Viera, LLC, as approved by the Planning and Zoning Board. 

 

V.B.4. (Z1010501) - ACORN MINISTORAGE OF BREVARD, INC. - (Richard J. Kern) - requests removal of an existing Binding Development Plan in a BU-2 zoning classification on 3.34 acres.  Located on the north side of S.R. 192, approx. 0.57 mile west of Wickham Rd.

 

Cindy Fox, Planning and Zoning Enforcement Manager, stated the item is an application to amend a Binding Development Plan that was previously approved on the property; and the applicant would like to expand the uses that are allowed.

 

Rick Kern, representing the applicant, advised the applicant is seeking to modify the Binding Development Plan that was put on the property in 2005; the applicant currently owns and operates Acorn Mini-storage, which is five-acre mini-storage complex on the west side of the subject property; and the intended purpose for the property was to annex the site into the existing mini-storage complex.  He stated unfortunately, with the massive downturn in the economy, the mini-storage business is drying up; there is a high vacancy; and the applicant is seeking to add three additional uses to the Binding Development Plan.  He stated the applicant wants to add contractor offices, with plants and storage; the second use he wants to add is warehouses; and the third use is indoor/outdoor storage of boats and recreational vehicle, with electrical and lighting service allowed.  He noted the applicant wants to keep the existing mini-storage use that is currently allowed on the property.  He stated contractor offices is allowed in BU-1 zoning, but the storage yard would be required to be screened with a six-foot high fence; and it is not intended to be a large warehouse terminal.

 

There being no further comments or objections, the Board approved the request by Acorn Ministorage of Brevard, Inc., as recommended by the Planning and Zoning Board. 

 

 

 

PUBLIC HEARING, RE:  AMENDMENTS TO CHAPTER 62, ARTICLE IX, SIGNS AS THEY RELATE TO BILLBOARDS AFFECTED BY SETTLEMENT AGREEMENTS WITH THE COUNTY (1ST READING)

 

Chairman Bolin called for the public hearing to consider amendments to Chapter 62, Article IX, Signs as they Relate to Billboards Affected by Settlement Agreements with the County.

 

There being no objections, the Board conducted the first of two required public hearings to consider approval of proposed changes to Chapter 62, Article IX, Brevard County Code, as they relate to billboard regulations affected by Settlement Agreements with the County.

 

 

 

PUBLIC HEARING, RE:  AMENDMENTS TO TOWER AND ANTENNA REGULATIONS IN CHAPTER 62 AND CHAPTER 210, BREVARD COUNTY CODE (1st READING)

 

Chairman Bolin called for the public hearing to consider amendments to Tower and Antenna Regulations in Chapter 62 and Chapter 210, Brevard County Code.

 

There being no objections, the Board conducted the first of two public hearings to consider approval of the proposed changes to Section 62-1953 and Section 210-1, and repeal of Section 62-2129, Brevard County Code.

 

 

 

ASSIGNMENT OF CONTRACT FOR SALE AND PURCHASE, RE:  NEWFOUND LAND AND PROPERTY MANAGEMENT

 

Christine Lepore, Assistant County Attorney, advised a few weeks ago the Board approved the purchase of a property owned by Newfound Land Property Management Company to settle some lawsuits; it has been determined that Mosquito Control will provide the purchase money for the property, and manage it; and since it is a Dependent Special District, the contract needs to be signed to that entity first, and then she will request the Chairman adjourn the Board of County Commissioner meeting, and re-adjourn as the Mosquito Control Board District.

 

The Board assigned the Contract for Sale and Purchase with Newfound Land and Property Management Company to the Brevard Mosquito Control District. 

 

 

 

ACCEPT ASSIGNMENT OF CONTRACT FOR SALE AND PURCHASE, RE:  NEWFOUND LAND AND PROPERTY MANAGEMENT

 

The Board adjourned as the Board of County Commissioners, and reconvened as the Governing Board of the Brevard County Mosquito Control District.

 

The Board, acting as the Governing Board of the Brevard County Mosquito Control District, accepted Assignment of the Contract for Sale and Purchase with Newfound Land and Property Management Company; and authorized any necessary budgetary changes allocated from Mosquito Control reserves for the use of District funds to pay for the purchase price and closing costs. 

 

The Board adjourned as the Governing Board of the Brevard County Mosquito Control District, and reconvened as the Board of County Commissioners.

 

 

 

.AJDOURNMENT

 

Upon motion and vote, the meeting was adjourned at 7:32 p.m.

 

 

 

 

ATTEST:                                                                                                                                

                                                                        MARY BOLIN, CHAIRMAN

                                                                        BOARD OF COUNTY COMMISSIONERS

                                    _                                  BREVARD COUNTY, FLORIDA

SCOTT ELLIS, CLERK