September 1, 2005

The Board of County Commissioners of Brevard County, Florida, met in regular session on September 1, 2005, at 5:30 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Ron Pritchard, D.P.A., Commissioners Truman Scarborough, Helen Voltz, and Jackie Colon, County Manager Peggy Busacca, and Assistant County Attorney Eden Bentley. Absent was: Commissioner Susan Carlson.

The Invocation was given by Pastor Ken Hitte of East Coast Revival Center in Melbourne, Florida.

Commissioner Truman Scarborough led the assembly in the Pledge of Allegiance.

REPORT, RE: HURRICANE KATRINA ASSISTANCE

County Manager Peggy Busacca advised there have been a number of questions about what Brevard County is doing to assist the victims of Hurricane Katrina; so far four firefighters and an urban search and rescue team have gone out to assist; and there is a number of other staff on standby ready to be called in the event they are needed.

REPORT, RE: FUEL SUPPLY

County Manager Peggy Busacca advised staff is monitoring the fuel supply closely and has taken several proactive steps to reduce the amount of fuel it is utilizing. She stated Code Enforcement is not going to respond to non-health and safety cases immediately; they may take a day or two and put several together before they go out and drive around; and they are considering four ten-hour work days to reduce private travel by staff. She stated it will not diminish the time offices are open; staff will be scheduled so offices will be open during normal hours; and she wanted everyone to know the County is responding to the situation.

Commissioner Voltz inquired if staff heard from the Governor’s office regarding the fuel situation; with Ms. Busacca responding staff has been told the State is putting staging areas out; the problem is they apparently cannot get them out of the ports right now and are working to do that; and they have asked the County’s suppliers, but there are priorities being given to certain areas. She stated some stations have run out of fuel; at the County level, they assume fire, emergency services, and the Sheriff would be the priorities; so other areas such as Code Enforcement are not priority areas. She stated she will send a memo to the Commissioners to let them know what other steps are being taken.

Chairman Pritchard stated there is no reason to hoard fuel; people are filling up everything from wash tubs to five gallon cans; they have no idea how extremely dangerous gasoline is if not properly containerized; so people need to give serious thought about filling up containers and storing them in their garages. He stated the explosive capacity of that fuel could wipe out a house and part of a neighborhood; a lot of gas stations were open today; and there is no reason to panic and decide to hoard gas for some unforeseen reason. He stated the federal government is taking action to release barrels of oil to insure they do not have a problem; and he would hate to lose anyone’s life because of an unnecessary circumstance. He inquired if the Budget Office made adjustments to reflect the additional fuel cost; with Ms. Busacca responding they will get through the end of the year and may have to allocate additional money for the next budget year. She stated the Board has not allowed the $166,000 in recurring costs and $1 million in non-recurring costs; and she does not think the County will meet the escalating fuel prices if it lasts for any length of time. Chairman Pritchard stated the Board may wish to curtail the use of energy by going to four days and save one day’s energy until it gets back in the swing of things. Ms. Busacca stated she asked for the amount of money that would be saved so that they can make a decision based on some information; their theory on the four ten-hour days is that it will save 20% of the gas costs that staff members have to pay to get to and from work; but she is not sure it is something the Board wants to do.

Commissioner Scarborough stated when he was with the City of Titusville, they did a four-day work week and it was horrific having nobody there for three days; and they had a collapse of government and had people begging to reverse that. He stated people are willing to wait two days to talk to somebody, but waiting three days created some turmoil. Chairman Pritchard stated they could close on Wednesdays; people should realize they are in a very unusual situation and if there is something they can do, they should do it. He stated Macy’s at Merritt Square Mall closed at 2:00 p.m. last week to shift its energy to the grid to send to Louisiana.

REPORT, RE: FIRE DEPARTMENT BOOT DRIVE FOR MUSCULAR DYSTROPHY

County Manager Peggy Busacca advised the Board permitted Fire Rescue to do a boot drive this weekend for muscular dystrophy; the Fire Department has requested that those funds go to the Red Cross instead of muscular dystrophy; and they have gotten $1,700 in additional funds that have already been donated to muscular dystrophy this year; and requested the Board allow the boot drive for the Red Cross to help Katrina victims.

Motion by Commissioner Voltz, seconded by Commissioner Colon, to authorize the Fire Department’s boot drive funds to be donated to the Red Cross for Katrina victims. Motion carried and ordered unanimously.

Ms. Busacca stated the County Manager has a trust fund and will be donating $2,000 of that trust fund to the Red Cross; and should anyone wish to participate in giving money to the trust fund, they can give it to her office or directly to the Red Cross. She stated they plan to do that through next week then give the money from the trust fund to the Red Cross.

Commissioner Colon inquired if SCGTV could post the phone numbers they can call if they have a credit card and the address of the American Red Cross so folks know where to send their donations.

Chairman Pritchard stated if an employee has a unique apparatus that would be of benefit in the New Orleans area, they should not have to take leave time to go and help. Ms. Busacca stated it can be done administratively.

REPORT, RE: FLORIDA TODAY ARTICLE ON BEACH RESTORATION SYSTEM

Commissioner Voltz described the discrepancies in the Florida TODAY newspaper article point-by-point regarding installation of groynes as a beach restoration system and contradicting a number of issues contained in the article.

REPORT, RE: FLORIDA RETIREMENT SYSTEM

Chairman Pritchard stated the Florida Retirement System rate increase starts July 1, and has to be incorporated in the budget; with County Manager Peggy Busacca responding staff is aware of that and it has been done.

REPORT, RE: FROG STORY

Chairman Pritchard described his efforts to save a frog that had gotten into his pool skimmer basket by giving it CPR.

REPORT, RE: FISH CAMP AT LOUGHMAN LAKE

Commissioner Scarborough explained the situation with the fish camp at Loughman Lake and restoration of a restaurant facility.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct staff to return with legislative intent for an ordinance that would allow the owners of the fish camp to operate a restaurant. Motion carried and ordered unanimously.

RESOLUTION, RE: SUPPORTING SHORE PROTECTION PROJECT AND REQUESTING
STATE COST-SHARE FUNDING

Motion by Commissioner Voltz, seconded by Commissioner Colon, to table the resolution supporting a shore protection project and request State cost-share funding until September 13, 2005. Motion carried and ordered unanimously.

RESOLUTION, RE: PROCLAIMING FAMILY DAY – A DAY TO EAT DINNER WITH
YOUR CHILDREN

Commissioner Voltz read aloud a resolution proclaiming the fourth Monday in September as Family Day – A Day to Eat Dinner With Your Children.

Motion by Commissioner Voltz, seconded by Commissioner Colon, to adopt Resolution proclaiming the fourth Monday in September as Family Day – A Day to Eat Dinner With Your Children. Motion carried and ordered unanimously. (See page for Resolution No. 05-209.)

Commissioner Voltz presented the Resolution to Jenna Mullines and PREVENT of Brevard who thanked the Board for the Resolution.

ACCEPTANCE OF CONTRIBUTION FROM HOME DEPOT, RE: CAPACITY
IMPROVEMENTS TO WICKHAM ROAD

Motion by Commissioner Voltz, seconded by Commissioner Colon, to accept contribution of $93,500 from Home Depot for capacity improvements to Wickham Road to pay for a study to provide for installation of an intelligent traffic system and intersection improvements on the Wickham Road corridor. Motion carried and ordered unanimously.

TABLED OR WITHDRAWN ITEMS, RE: PLANNING AND ZONING RECOMMENDATIONS

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to take action on the Planning and Zoning recommendations of February 7, 2005 and August 8, 2005 as follows::

Item V.A.1. (Z0502101) Mary E. Hutcheson’s request for change from GU to AU on 18.80 acres located on the northwest corner of Parrish Road and North Singleton Avenue, which was recommended for approval by the P&Z Board. Withdrawn by the applicant.

Item V.A.2. (Z0507106) D & E Pump Sales & Service, Inc.’s request for Small Scale Plan Amendment 05S.7 that proposes to change the Future Land Use Map designation from Residential 4 to Community Commercial; and change zoning from RU-1-13 and BU-1 to all BU-1 on 2.75 acres located on the west side of U.S. 1, south side of Dunn Street, and having frontage on the north side of Roberts Street, which was recommended for approval by the LPA and P&Z Board. Tabled to September 13, 2005.

Item V.B.4. (Z0508104) David and Barbara Wardle’s request for change from AU and BU-1 to EU-2 on 3.822 acres located on the west side of U.S. 1, south of Brockett Road, which was recommended for tabling by the P&Z Board to September 12, 2005 P&Z Board meeting and October 6, 2005 Board of County Commissioners meeting at request of applicant with reprocessing fee required and amended to RU-1-13. Tabled as recommended by the P&Z Board.

Item V.B.9. (Z0508109) Forest Village Florida Group, L.C.’s request for change from TR-3 to RU-2-15 on 32.75 acres located on the west side of Tucker Lane, south of SR 520, which was recommended for approval by the P&Z Board with Binding Development Plan limiting density to 266 units. Tabled to November 3, 2005 with no fee required as requested by the applicant.

Item V.B.11. (Z0508111) Forrest Lakes Partners, LLC’s request for change from GU to TR-3 on 76 acres located on the north side of Pluckebaum Road, west of I-95, which was recommended for approval by the P&Z Board with Binding Development Plan limiting density to less than 80 units and applicant agreeing to share in the cost to maintain existing road and gated entry in perpetuity. Tabled to October 6, 2005.

Motion carried and ordered unanimously.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF
AUGUST 8, 2005

Chairman Pritchard called for the public hearing to consider the recommendations of the Planning and Zoning (P&Z) Board made at its public hearing on August 8, 2005, as follows:

Item V.B.1. (Z0508101) James P. Niehoff, Jr.’s request for change from GU to AU on 1.07 acres located on the southeast corner of Dalhi Street and Knoxville Avenue, which was recommended for approval by the P&Z Board.

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

Item V.B.2. (Z0508102) Sue D. Bradin’s request for Small Scale Plan Amendment 05S.10 that proposes to change the Future Land Use Map designation from Residential 1:2.5 to Residential 1; and change zoning from AU to RR-1 on 2.36 acres located on the northwest corner of Detroit Street and Alan Shepard Avenue, which was approved by the LPA and the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item V.B.2. as recommended by the LPA and P&Z Board; and adopt an Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County, entitled the 1988 Comprehensive Plan, setting forth the tenth Small Scale Plan Amendment of 2005, 05S.10, to the Future Land Use Map of the Comprehensive Plan; 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. (See page
for Ordinance No. 05-42.)

Item V.B.3. (Z0508103) AG Ventures, LLC’s request for change from AU to SR with Binding Development Plan on 3.25 acres located north of Jay Jay Road and east of U.S. 1, which was recommended for approval by the P&Z Board with a Binding Development Plan.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item V.B.3. as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item V.B.5. (Z0508105) Don Myers and Jacqueline Poiret’s request for change from GU and AU to RRMH-2.5 on 2.94? acres located west of Blounts Ridge Road and north of Aurantia Road, which was recommended for approval by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item V.B.5. as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item V.B.6. (Z0508106) Maria A. Watts’ request for change from GU to AU on one acre located on the south side of Areca Palm Street, east of Fishtail Palm Avenue, which was recommended for approval by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item V.B.6. as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item V.B.7. (Z0508107) St. Mary Missionary Baptist Church’s request for change from RU-1-7 to IN(L) on 4.17 acres located on the southeast corner of Wiley Road and Myrtle Avenue, also fronting the west side of Orange Avenue, which was recommended for approval by the P&Z Board with Binding Development Plan for church and school and other related accessory uses.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item V.B.7. as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item V.B.8. (Z0508108) William (Jr.) and Sherri H. Yehnert’s request for change from GU and RR-1 to AU on 20.11 acres located on the west side of Windover Way, south of SR 50, which was recommended for approval as REU by the P&Z Board. Applicant requested tabling to October 6, 2005, but it was not automatic.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item V.B.8. as REU with 2.5 acre lots and horses. Motion carried and ordered unanimously.

Item V.B.10. Withdrawn.

Item V.B.12. (Z0508112) D.J.G.L.P.W., L.C.; EKS, Inc.; and The Great Outdoors Premier RV/Golf Resort, Inc.’s request for change from RVP to BU-2 with Binding Development Plan limiting use to mini-warehouse facility and RV storage only on 2.24? acres located on the east side of Plantation Drive, northwest of its intersection with Grand Haven Drive, which was recommended for approval by the P&Z Board with a Binding Development Plan as submitted.

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

Item V.B.13. (Z0508201) Walter A. Ingham’s request for Small Scale Plan Amendment 05S.9 that proposes to change the Future Land Use Map designation from Residential 15 and Neighborhood Commercial to Community Commercial; and change zoning from AU to BU-2 with Binding Development Plan limiting use to warehouse facility and one single-family residence on 0.56 acre located on the west side of Mimosa Avenue, south of Pioneer Road, which was recommended for denial by the LPA and P&Z Board.

William Langston, representing the applicant, requested withdrawal of BU-2 and approval of BU-1-A and a residence.

Chris Buffkin, Robert Buffkin, Sandee Natowich, and Sandi Fahey expressed their concerns, primarily because it is a dirt road; and Mr. Langston rebutted their concerns.

Motion by Commissioner Voltz, seconded by Commissioner Colon, to deny Item V.B.13. as recommended by the LPA and P&Z Board. Motion carried and ordered unanimously.

Item V.B.14. (Z0508202) Sherry L. Dittmer and Christopher L. Peluso’s request for change from AU to RR-1 on 1.16 acres located on the west side of Range Road, north of Lake Drive, which was recommended for approval by the P&Z Board.

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

Item V.B.15. (Z0508203) Country Oaks Phase II LLC’s request for change from AU to RU-1-9 on nine acres located on the south side of Fenner Road, west of North Burnett Road, which was amended by the applicant for EU-2 and RR-1, and recommended for approval of all RR-1 by the P&Z Board.

Dennis Chambers, representing the applicant, explained development in the area, and stated their request is compatible.

Lola Corbett addressed the Board with her concerns.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item V.B.15, as all RR-1 with Binding Development Plan providing for no access on Carly Road. Motion carried and ordered unanimously.

Item V.B.16. (Not used.)

Item V.B.17. (Z0508301) Margaret and John Boystak’s request for change from AU to RR-1 on five acres located on the south side of Micco Road, east of Dottie Drive, which was recommended for approval by the P&Z Board.

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

Item V.B.18. (Z0508302) Carol Lee Tinkler and Paula Ann Lear’s request for change from BU-1 to BU-2 on 0.63 acre located on the west side of U.S. 1, north of Micco Road, which was recommended for approval with a Binding Development Plan limiting BU-2 uses to outside sale of mobile homes and all BU-1 uses.

Mike Cunningham, James Young, and Daniel Rop addressed the Board regarding the rezoning request.

Motion by Commissioner Voltz, seconded by Commissioner Colon, to deny Item V.B.18. Motion carried and ordered unanimously. (See pages for Zoning Resolutions.)

RESOLUTION OF NECESSITY, RE: OUTPARCELS AT RODES PARK

Commissioner Colon inquired if Mr. Hazelet could give a little history of what has taken place. She stated the Referendum was approved in 2000; they are hearing the possible bids going out in 2007; and the community is not accepting that.

Michael Hazelet advised of athletic events at Rodes Park, the work the community has done, acquisition of lands to expand and relocate the park, authorized eminent domain proceedings, appraisals, growth requiring more park facilities, etc.; and inquired why was a quick take not done.

Commissioner Colon reiterated 2007 being unacceptable, reasons for delays are not acceptable, Board responsible for permitting, and the community needing to be a part of the process.

Commissioner Voltz stated South Beach Community Center was built from Referendum funds and a lot of people asked a lot of questions so it is not only Rodes Park but a lot of parks. She stated it is not right to collect their money and do nothing; there has been a lot of money collected, but no end product yet; and the problem needs to be resolved.

County Manager Peggy Busacca stated it was overwhelming to expect all those parks would come online five years ago; they should have identified a better schedule so people would have understood things take time; and it takes a substantial amount of time to negotiate and acquire property. She stated some reorganization has taken place; staff has not been good in describing to the Board and the public things that have been done; and they could do a better job in moving those along.

Commissioner Voltz requested a time line on the beach community center. Parks and Recreation Director Chuck Nelson stated they will go out to bid on September 15, 2005. Commissioner Voltz inquired why it has taken so long; with Mr. Nelson responding the community center was redesigned for sheltering purposes and had to be upgraded and part of the five years involved hurricanes.

Commissioner Pritchard requested a deadline and status of where they might be next year because the longer they wait the more they will pay in construction cost; and stated he is trying to change business as usual.

Commissioner Colon repeated the work the community did on Rodes Park. Mr. Nelson stated they concluded negotiations with Post Buckley and have it on contract to do the next stage of design; and they will call committee members to see what a good night is for them to get together to begin the design process for permitting. He stated they waited until after Labor Day because a lot of people are on holiday that week; and hopefully they will meet the second week in September.

Mr. Hazelet stated the people of the County do not use fire and police every day but they use the parks; and there are a lot of people coming in with children who will be using the parks.

Commissioner Scarborough advised of the projects in District 1 and how they are staggered to avoid displacing people who needed the parks.

Motion by Commissioner Colon, seconded by Commissioner Voltz, to adopt a Resolution of Necessity to commence condemnation proceedings for acquisition of outparcels within the new boundary of Rodes Park. Motion carried and ordered unanimously. (See page
for Resolution No. 05-210.)

Chairman Pritchard advised the County Manager that there is a problem; they have had the problem for a long time; and they need to address the problem.

PUBLIC HEARING, RE: PLANNING AND ZONING BOARD RECOMMENDATIONS OF
AUGUST 8, 2005 (CONTINUED)

*Commissioner Carlson’s presence was noted at this time.

Item V.B.19. (Z0508302) Randall and Rebecca Salveson’s request for change from AU to SR on 1.22 acres located on the north side of Parker Drive, west of Riverview Drive, which was recommended for approval by the P&Z Board.

Rebecca Salveson advised she wants to build a house on the property.

Mike Cunningham stated the rezoning would change the character of the area.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve Item V.B.19. as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item V.B.20. (Z0508304) George O. and Mary Ann Gent’s request for change from AU to RU-1-11 on 1.33 acres located on both sides of U.S. 1, north of Ambersand Place, which was recommended for approval by the P&Z Board.

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

Item V.B.21. (Z0508305) Brevard County Parks and Recreation’s request for change from AU, RU-1-7, and GML to GML-P on 9.53 acres located on the west side of Riverview Drive, north of its intersection with Holley Street, which was recommended for approval by the P&Z Board.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve Item V.B.21. as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item V.B.22. (Z0508401) Frederick O. and Lois H. Verney’s request for change from AU to RR-1 on 10.94 acres located on the northwest corner of Lake Washington Road and Washingtonia Drive, which was recommended for approval by the P&Z Board.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve Item V.B.22. as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item V.B.23. (Z0508402) Diamonte Sands, LLC’s request for change from BU-1 to RU-2-15 on 0.362 acre located on the east side of Highway A1A at the eastern terminus of Berkeley Street, which was recommended for approval by the P&Z Board.

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to table V.B.23. to the October 6, 2005 Board of County Commissioners meeting. Motion carried and ordered unanimously.

Item V.B.24. (Z0507108) Billy and Dawn Nobles’ request for change from GU to AU on 1.65 acres located on the southwest corner of Citrus Boulevard and Osprey Avenue, which was recommended for approval by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item V.B.24. as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item V.B.25. (Z0507107) William R. and Barbara B. Johnson’s request for change from GU to AU on 2.02 acres located on the southwest corner of Caraway Street and Cherokee Avenue, which was recommended for approval by the P&Z Board.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item V.B.25. as recommended by the P&Z Board. Motion carried and ordered unanimously.

Item V.B.26. (Z0507304) Harborview Motel and Efficiencies, Inc.’s request for change from TU-1(25) to BU-1 and TU-1, removing existing density cap of 25 units per acre on 0.89 acre located on the west side of U.S. 1 between 13th Street on the south and 14th Street on the north, which was recommended for denial by the P&Z Board.

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to deny Item V.B.26. as recommended by the P&Z Board. Motion carried and ordered unanimously. (See pages
for Zoning Resolutions.)

PUBLIC HEARING, RE: ADMINISTRATIVE REZONINGS

Chairman Pritchard called for the public hearing to consider recommendations of the Planning and Zoning (P&Z) Board made at its public hearings on May 2, 2005, and July 11, 2005 as follows:

Item V.C.1. Section 19, Township 26, Range 37, Sub. DS, Lot 14.01 on 5.33 acres owned by Happy Landings Homes, Inc. to change from AU with CUP Z-7430 for ACLF and school, to IN(L) with Binding Development Plan and removal of CUP Z-7430, which was recommended for approval by the P&Z Board with Binding Development Plan as amended to provide for yearly inspections by the Permitting and Enforcement Department, Planning and Zoning Office, and Environmental Health Services.

Planner Ryan Rusnak stated he does not see the representative from Resurrection Ranch present. Commissioner Carlson suggested tabling the item as the applicant is not present.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to table Item V.C.1. to October 6, 2005 Board of County Commissioners meeting.

Commissioner Carlson stated after reading the Binding Development Plan she has no issues, but would like a provision that they would provide records upon request.

David Miller representing the applicant, and Jinger Knox, resident of the area commented on the rezoning.

Discussion ensued on a list of current residents, bed space, connected dining room, kitchen, monitoring, level of oversight, and inspections.

Commissioner Voltz suggested approving the item tonight and working out the details.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to withdraw the motion to table. Motion carried and ordered unanimously.

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to approve Item V.C.1. with Binding Development Plan to include language that within 30 days of recordation of the Binding Development Plan the Ranch will install a board-on-board stockade fence and provide criminal background records of all ALF residents and employees; the facilities standards with respect to the maximum number of residents shall take effect upon one year from recordation of the Binding Development Plan; and the ALF residents be capped at 47 individuals until such time as the kitchen is upgraded to the proper standards. Motion carried and ordered unanimously. (See page for Zoning Resolution.)

PUBLIC HEARING, RE: ORDINANCE AMENDING ARTICLE III, CHAPTER 42,
EMERGENCY MEDICAL SERVICES

Chairman Pritchard called for the public hearing to consider an ordinance amending Article III, Chapter 42, pertaining to Emergency Medical Services.

Assistant County Attorney Eden Bentley advised charges were changed to fees.

There being no further comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to adopt an Ordinance of the Brevard County Board of County Commissioners amending Sections 42-71, 42-83, and 42-95 of the Code of Ordinances of Brevard County, Florida, pertaining to Emergency Medical Services; amending the definitions of benefit unit(s) and EMS non-ad valorem assessment; amending Section 42-83 to clarify governmental and not-for-profit exemptions from the EMS ambulance non-ad valorem assessment; providing for refunds of erroneous assessments on exempt property; clarifying the lien status of the EMS ambulance non-ad valorem assessment; providing for contingent collection methods; amending Section 42-95 to conform language to previously adopted language in Ordinance 04-48, codified as Sections 42-71 through 42-107 of the Code of Ordinances of Brevard County, Florida; providing for the repeal of Ordinance 05-31; providing for severability; providing for an effective date. Motion carried and ordered unanimously. (See page for Ordinance No.05-43.)

Chairman Pritchard called for the public hearing to consider an ordinance regulating resort dwellings as a conditional use permit.

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to adopt an Ordinance amending Chapter 62, Land Development Regulations, Code of Ordinances of Brevard County, Florida; amending Sections 62-1336(3), 62-1337(3), 62-1338(3), 62-1339(3), 62-1340(3), 62-1341(3), and 62-1342(3) by adding resort dwellings as a conditional use in certain single-family zoning classifications; creating Section 62-1945.2 to establish location and performance standards for resort dwellings where listed as a conditional use permit in single-family classifications; amending Section 62-1841.5.5(2) performance standards for resort dwellings where permitted with conditions; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Brevard County Code of Ordinances. Motion carried and ordered unanimously. (See page for Ordinance No. 05-44.)

PERMISSION TO FILE INJUNCTION, RE: RED TOP INN

Commissioner Scarborough explained the location of the Red Top Inn and problems.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to authorize the County Attorney to file a suit for an injunction to eliminate a public nuisance at the Red Top Inn in Mims. Motion carried and ordered unanimously.

AGREEMENT WITH CITY OF MELBOURNE, RE: USE OF LIPSCOMB PARK

Motion by Commissioner Colon, seconded by Commissioner Carlson, to adopt Resolution authorizing the transfer of real property in Lipscomb Park for use by the City of Melbourne; and authorize execution of the Use Agreement, subject to final approval by the County and City Attorneys. Motion carried and ordered unanimously. (See pages for Resolution No. 05-211 and Agreement.)

Upon motion and vote, the meeting adjourned at 7:41 p.m.

ATTEST: _________________________________
RON PRITCHARD, D.P.A., CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
____________________
SCOTT ELLIS, CLERK

(S E A L)