MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

November 6, 2008

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on November 6, 2008 at 5:12 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairman Truman Scarborough, Commissioners Chuck Nelson, Helen Voltz, Jackie Colon, Mary Bolin, Assistant County Manager Mel Scott, and Assistant County Attorney Christine Lepore.

 

The Invocation was given by Pastor Mark Truitt, Faith Baptist Church, Titusville, Florida.

 

Commissioner Chuck Nelson led the assembly in the Pledge of Allegiance.

 

 

Commissioner Colon read aloud a resolution declaring October 28, 2008 as Gryphon Group Security Solutions Day.

 

Motion by Commissioner Colon, seconded by Commissioner Voltz, to adopt Resolution declaring October 28, 2008 as Gryphon Group Security Solutions Day.  Motion carried and ordered unanimously. 

 

Mr. Vatum stated his thanks to all Commissioners; it is an honor and privilege just to work at his job everyday; and he is surrounded by people who are willing to go into harms way, it is like being in church.  He stated it is such an inspiring job; and the men and women of Gryphon Group thank the Board for the recognition, but the real thanks should be given to the men and women from Brevard County tonight on patrol in Afghanistan and Iraq, and other places around the world who my not come home to their families this year.

 

Commissioner Colon stated when companies come to the community, one of the things that she has such admiration for this company is because they did not come into the community, they were extremely involved; because of them a lot of our veterans have a place to live; and people who have been at risk are able to go ahead and get a second chance with the Marine Institute, with Crosswinds, with runaway kids in our faith base community;  and she believes that is what is so admirable and that is why today is recognized as Gryphon Group Day. She noted it is not something the Board of County Commissions does very day; it is very well deserved when there are men and women that work for a company that is about integrity and love of Country; and every person is a role model to the rest of the community and that is why it is so important for the Board to have that kind of recognition. 

 

Commissioner Nelson stated his trip to Washington was just for the day, as Frank DiBello and Lynda Weatherman had busy schedules; they met with Patty Link, who is with Wexler Walker;
and they went over a variety of topics and where the Board is currently related to it.  He advised one of the things the Board is going to set up is a standard briefing on a monthly basis; and that

will be in addition to the other calls that occur in the course of the month.  Commissioner Nelson stated the big news at the Space Center is that they are creating what is called Federal City; Federal City is similar to what Stennis has done, which is expand their interest in the business world through Rolls Royce and some of the other Corporations that are now housed at the NASA facilities because there is a synergy between the testing that Brevard is doing for the Space Program, as well as the testing of some of the commercial products; and they are looking to focus in the area of alternative energy sources.  He stated he also met with Christopher Chappell, who is the Director of Governor of Affairs for Florida Power & Light; the Washington representative met with him and talked about alternative energy sources; and they are very interested in participating and having a demonstration project starting at the Space Center which will generate 1.3 mega watts from solar.  He noted it was a natural addition to that discussion because they had talked about whether it was Seimens Corporation with turbines, which is one of the limiting factors in terms of production of energy, as well as other types of centers; so Brevard County is looking to become the Silicon Valley of alternative energies; and that also fits in with the Economic Development Commission.  He stated he had the good fortune to fly to Ohio months ago to talk to a manufacturer about fin cell solar technology and bringing that company to Brevard County; and there are lot of things moving in that direction of alternative energies.  He stated that he met with Brendon Curry who is with the Space Foundation; Brendon was an Aide to Congressman Weldon for some years; they talked about where Brevard was going; stated in talking with people in Washington D.C. on Monday, they already knew who was going to be the new President; everyone else had to go vote, but they had already decided it was going to be Barack Obama; and as it turns out, they were absolutely correct.  He stated staff had a discussion about how Brevard County gets involved in the transition of that process and having a voice at the table; and there are going to be efforts made to get someone from Brevard County on the transition team as it relates to the NASA future.  Commissioner Nelson stated that he went to NASA himself and met with Ducky Hemmingway, who is the Deputy Assistant Administrator for Strategy and Planning of NASA’s office of Legislative Intergovernmental Affairs; it was a good follow up and good way to wrap up the day because there was talk about the Federal City concept and NASA willingness to do that; there was also talk about the potential transition relating to the two candidates; He stated if one recalls, Mr. Obama reduced NASA to fund education; and in the last two weeks of the campaign what was seen on television where shots of the space shuttle and him talking about how the Apollo experience actually had an impact on his life, so that is a long way from cutting NASA for education purposes.  He stated staff is looking to being more involved in those discussions; it was a very fruitful and trying day in Washington, but he believes those trips are vital and make faces known; and it is probably the best way to Brevard County having an impact.  He stated the first time he was in Washington D.C. in April, staff had a presentation from Shannon Dale, who is the Assistant Administrator for NASA; they gave a dog and pony about how there was going to be gap, and how they were going to deal with it; and when leaving there he realized they really do not know what is happening locally.  He advised on Friday, November 14^th NASA is putting on a Workforce Leadership summit; Brevard County has come so far as to bring down different agencies including its own Workforce Development Board, Workforce Florida, Small Business Administration, Department of Labor, Department of Commerce, and General
Services Administration; so different agencies will be involved that are necessary to make the
transition; and he would like to thank all the Board members because they have all been involved in this and it is having an impact.

Chairman Scarborough stated it has been amazing what some Commissioners have done; stated Commissioner Helen Voltz had a wonderful workshop for the Board; stated Commissioner Chuck Nelson was in Washington D.C. on Monday and on Tuesday on the Canvassing Board, which lasted into the wee hours, then back for the Workshop on Health Issues, and now at this meeting; and some people wonder what a commissioner does, and it is more than what is imagined.  He stated he has been really impressed both Commissioner Nelson and Commissioner Voltz; they have made many trips to Washington D.C. on various issues; stated Commissioner Voltz has been to Chicago to meet with Barack Obama’s people; and a number of Commissioners went to the largest and most important symposium in Colorado.  He stated when this Commission personally involving yourself it sends a message to the community; being there personally means a whole lot; and he thanked Commissioners Mary Bolin, Chuck Nelson, Helen Voltz, and Jackie Colon.

 

 

Commissioner Colon stated whether anyone was for or against the New President of the United States, as a nation people have to keep the Country in prayer; one thing that was fascinating about the evening, was that it showed the character of Senator McCain and how he reminded the people that they are Americans first; and it is wonderful to hear that people are just back to being Americans.  She stated she would also like to thank the Commissioners who were very active in that and knew how critical is was to play a role in making sure that the Presidential candidates where aware of how important the Space Coast and Kennedy Space Center is; it was worth every bit of tireless hours; and stated she is a republican, but it says a lot about the nation and how historic this is.

 

Chairman Scarborough stated he would like a motion to allow Commissioner-Elect Robin Fisher to start planning a trip to Washington D.C.; if the Board authorizes it tonight it will jump start those plans; not that he goes in place of anyone, because everyone needs to go; but he believes Mr. Fisher may be playing some unique rolls as a Democrat and with some of the contacts that he already has with the Obama folks.

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to grant permission for Commissioner-Elect Robin Fisher to travel to Washington, D.C., to begin discussions with President-Elect Barack Obama’s representatives.  Motion carried and ordered unanimously.

 

 

Commissioner Jackie Colon stated is very important to know that Senator Bill Nelson is from Brevard County; in regards to the retirement of the Space Shuttle, he has been a key player; the Boards focus is what is in it for Brevard County, and that is going to be a critical roll because of the retirement of the Space Shuttle; and the Board is going to fight to make sure that every little

bit that belongs to Brevard County is coming back.  She stated Chairman Scarborough stated
he would credit Bill Nelson with taking Senator Obama’s position that money is needed for
education; and in bringing him to Brevard County to make that commitment to Space; and Chairman Scarborough agrees with her that Senator Bill Nelson is still in that key role of defining that, so the Board recognizes him regardless of party lines.

 

 

Chairman Scarborough stated he and John Denninghoff met with the people from the Great Outdoors and a representative from the Department of Transportation; years ago when there were fires in Brevard County, the Great Outdoors was cut off from anything out of their community; FDOT and all the agencies came to the Sherriff’s blocked lane, and they were able to get out on the highway; however, these folks have very expensive RV’s and they have to have a firmer surface to move across the FDOT right-of-way; and staff felt it would be beneficial for the Board to make a request that staff look into it.  He stated it is unusual because it is not an access unless all of the agencies agree; but it would allow them to leave with there half million dollars vehicles and it would allow them to drive it out with some preparation.

 

Motion by Commission Voltz, seconded by Commissioner Nelson to authorize Chairman Scarborough to write a letter to the Florida Department of Transportation seeking FHWA approval to establish a stable emergency egress for the Great Outdoors community allowing passenger vehicles to evacuate to southbound I-95 during emergency situations.  Motion carried and ordered unanimously. 

 

 

Chairman Scarborough called for a public hearing to consider tabled items as follows.

 

Item Vl.A.1. S.Y. & Sandy Y.H. Ll request a Small Scale Plan Amendment to change the Future Land Use designation from Res. 15 to CC, and change PUD to BU-1 on 2.44 acres.  Located on the east side of S. Courtenay Pkwy.,just north of Live Oak Blvd.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to table Item VI.A.1. to the February 5, 2009 Commission meeting.  Motion carried and ordered unanimously. 

 

 

Item Vl.B.3. The B.D.M Financial Corporation; Jacob Aaron Corporation; Michael P. & Lori L. Melzer; Richard & Patricia Melzer request a Small Scale Plan Amendment to change the Future Land Use designation from Res. 4 & NC to CC on 8.46 acres; AND a change from GU & RU-1-11 to TU-2, with BDP on 22.98 acres; AND a change from RU-1-11 to BU on 15.33 acres.  Total acreage for rezoning – 38.31 acres.  Located on both sides of Port St. John Pkwy., between l-95 and Grissom Parkway.  This Item was automatically tabled to the December 4, 2008 Commission meeting.

Item Vl.B.6. The Bluffs Development Corporation requests a change from GU to RR-1 on 30 acres.  Located on the south side of Pine Island Rd., approx. 0.14 mile west of Preserve Pointe

Drive.  Motion by Commissioner Voltz, seconded by Commissioner Bolin, to table Item VI.B.6 to the December 4, 2008 Commission meeting.  Motion carried and ordered unanimously. 

Item Vl.B.7.  MMJC Realty, Inc. requests a CUP for a Commercial/Recreational Marina in a BU-1 classification on 4.1730 acres, +/-.  Located on the southeast corner of Coquina Ridge Drive., and N. U.S. 1. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to table Item VI.B.7 to the December 4, 2008 Commission meeting.  Motion carried and ordered unanimously. 

 

 

Chairman Scarborough called for the public hearing to consider recommendation of the Planning and Zoning Board of October 9, 2008 as follows.

 

Item Vl.B.1. (Z0810501)  Deborah J. Harrison (Troy W. Smith) requests a Small Scale Plan Amendment to change the Future Land Use designation from NC to CC and a change from BU-1-A to BU-1; and removal of existing BSP on 0.42 acre.  Located on the west side of S. Wickham Rd., approx. 200 ft. north of Livingston Ln.

 

There being no objections heard, motion was made by Commissioner Bolin, seconded by Commissioner Voltz to adopt an Ordinance amending Article III, Chapter 62, of the Cod of Ordinance of Brevard County, entitled “The 1988 Comprehensive Plan”, setting forth the Fifteenth Small Scale Plan Amendment of 2008, 08S.15, to the Future Land Use Map of the Comprehensive Plan; Amending Section 62-501 entitled contents of the Plan; specifically amending Section 62-501, Part XVI (E), entitled the Future Land Use Map Appendix; and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date.  Motion carried and ordered unanimously.   

Item Vl.B.5. (NM181001) C. Fischer, as Trustee of the 4805 N. Courtenay Parkway Trust (James Emory) requests a Small Scale Plan Amendment to change the Future Land Use designation from NC to CC, and a change from SR to BU-1 on 0.51 acre.  Located on the west side of N. Coiurtenay Pkwyt., approx. 0.28 mile south of Porcher Rd.

 

There being no objections heard, motion was made by Commissioner Bolin, seconded by Commissioner Voltz, to adopt an Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County, entitled “The 1988 Comprehensive Plan”, setting forth the
Sixteenth Small Scale Plan Amendment of 2008, 08S.16, to the Future Land Use Map of the
Comprehensive Plan; amending section 62-501 entitled contents of the Plan; specifically amending Section 62-501, Part XVI (E), entitled the Future Land Use Map Appendix; and provisions which require amendment to maintain internal consistency with these amendments; providing a severability clause; and providing an effective date.  Motion carried and ordered unanimously.

 

 

Item Vl.B.4. (Z081020) River Bend, A Condominium requests a CUP for a Residential/Recreational Marina in an RU—2-30 classification on 2.19 acres.  Located on the west side of Hwy. A1A, approx., 128 ft. south of 33^rd St.    

There being no objections heard, motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve Item Vl.B.4, as recommended by Planning and Zoning Board.  Motion Carried and ordered unanimously.

 

 

Item VI.B.2. (Z0810101) Christopher Bigos requests a change from RR-1 to AU on 3.09 acres.  Located on southeast side of Turkey Point Dr., approx. 0.18 mile south of Long Lake Dr.

 

Sandra Clinger inquired if she should skip the Power Point Presentation; and stated she wanted to be sure the record was in tact in the event that it had to be pursued at a later date; with Commissioner Scarborough responding yes, skip the Power Point.  Ms. Clinger stated she lives at 2680 Bobcat Trail, in Windover Farms in Titusville; and she is here today with a variety of neighbors that are extremely concerned about this re-zoning request within the community. She stated she and the neighbors are there to object to the change of zoning from RR-1 to AU; she believes AU zoning is not consistent with our community; and the subject property is in Unit 3A of Windover Farms, lot 360.  Chairman Scarborough inquired if November 17^th is too soon to come back with Finding of Fact if the Board moves to denial; with Assistant County Attorney Christine Lepore responding, yes if Assistant County Manager Mel Scott will allow since the deadline has passed.

 

Chairman Scarborough stated the Board will take a motion that the County Attorney’s authorized to have the Finding of Facts submitted late; and if the Board takes the Finding of Fact, then it becomes something that can be worked with.  Ms. Clinger stated what she has done is already part of the record, but if the Board wants a Finding of Fact utilizing this, that is fine; with Chairman Scarborough responding then the Board can say this is  what has been found from this documentation; and if it does come back up, then it is already part of the record Ms. Clinger stated everyone is extremely concerned this would insert an inconsistent zoning within the community; there is no AU zoning in the community; they have been a community for 32 years; and it continues to be an extremely desirable place to build a home. She stated she and the neighbors really want to protect their community, quality of life, and property values; and they ask that the Board keep the R-R-1 zoning.

Chairman Scarborough stated there is an internal integrity in having compatible zoning in a community like this what Ms.Clinger has shown is that rather than a trend downward, or any deviations, it has actually progressed to more and more expensive homes over time; and one of the things the Board considers is not only the zoning but the build out of it and what is occurring.  He stated the idea that people would take a community that has this overall integrity of a singular zoning that has been constant over a number of years, and has only improved in value, and put something in that is not appropriate, breaks up that context; a lot of people say it is less intense; however, one can do agriculture pursuits there and put farm animals there; and that too, would be a deviation from the type of community they have.  He advised the Board can have the County Attorney’s Office put together some more from this and with Ms. Clinger to put together a Finding of Fact; and therefore, based on those reasons, he will move for denial for this request.

 

Chairman Scarborough passed the gavel to Commissioner Bolin.

 

Motion made by Commissioner Scarborough, seconded by Commissioner Voltz denied request a change from RR-1 to AU on 3.09 acres and directed the County Attorney prepare a Find of Fact.  Located on southeast side of Turkey Point Dr., approx. 0.18 mile south of Long Lake Drive.  Motion carried and ordered unanimously.

 

Commissioner Bolin passed the gavel to Chairman Scarborough.

 

Chairman Scarborough called public speaker hearing to consider Ordinance adopting Conditional Use Permit for Private Docks.

Commissioner Nelson stated that he could accelerate this by inquiring if Bill Altonaga had a chance to see what Zoning Manager Rick Enos had purposed based on their conversation today; with Mr. Altonaga responding no.  Mr. Enos stated he described it to him.  Commissioner Nelson stated the Board stated should have the results of a discussion that Mr. Enos and had today; and stated he is the one most troubled by where they are and where they are going. Commissioner Nelson stated staff came up with a workable solution in which the only change is instead of road frontage, it would be river frontage, because that gives more protection to the river, so one does not end up with narrow things coming down to the river potentially; and for now he believes this is workable.  He stated it would be a CUP to allow the placement of docks under some restrictive conditions; owners could ask for a waiver for existing docks so they would have the ability to keep their docks; and any new ones on those lots would have to meet the criteria as established. He stated that would solve the issues with the existing docks on the Indian River and the Banana River; it does not open it up to little docks everywhere, in effect it preserves their right on the river to build their dock and address the issue here;  and there is  now a solution to what they have been kicking around.  Commissioner Voltz inquired if this addresses the issue with the South Melbourne Beach docks; stated the only issue she has is  
the 30 feet; and she is not sure if that precludes a lot of people from keeping what they have.  Rick Enos responded the 30 feet can be waived on anyone who already has a dock; and most of those already have 30 feet, with a few that are slightly less; but if they have a dock they will be able to ask for a waiver as part of the conditional use permit process.  Commissioner Nelson commented that no one has to take a dock out at this time point in time.  Commissioner Voltz then inquired if Code Enforcement can be abated until the outcome of the ordinance; with Rick Enos responding yes. 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz to approve as recommended as approved by the Planning and Zoning Board and directed staff to abate Code Enforcement until Ordinance is adopted.  Motion carried and ordered unanimously.

 

 

Commissioner Voltz stated it is requested that the Board subordinate Code Enforcement liens on Byron Shafer homesteaded property which is currently in foreclosure; subordination will allow

Mr. Shafer to enter into reverse mortgage to avoid foreclosure; and it is further requested the Board authorize an escrow agreement between Brevard County and Mr. Shafer that would require him to use funds again through the reverse mortgage toward the correction of a County Ordinance violation on a separate property that he owns. She stated it is also requested that the Board authorize the Chairman to execute the appropriate subordination in escrow agreement, subject to approval of the forms by the County Attorney’s office. 

 

Chairman Scarborough stated it sounded good; and inquired if Assistant County Attorney Christine Lepore has any thoughts on it; Ms. Lepore responding if it is foreclosed it gets wiped out anyway.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin with permission to subordinate fines and enter into escrow agreement to comply.  Motion carried and ordered unanimously.

 

Upon motion and vote, the meeting adjourned at 5:56 p.m.

 

 

 

 

                                                                                    _________________________________

ATTEST:                                                                     TRUMAN SCARBOROUGH, CHAIRMAN

                                                                                    BOARD OF COUNTY COMMISSIONERS                                  

                                                                                    BREVARD COUNTY, FLORIDA

___________________

SCOTT ELLIS, CLERK  

 

         (S E A L)