MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

 

May 24, 2006

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on May 24, 2006 at 5:02 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chair Helen Voltz, Commissioners Truman Scarborough, Ron Pritchard, Susan Carlson, and Jackie Colon, Assistant County Manager Ed Washburn, and Assistant County Attorney Morris Richardson.

 

 

The Invocation was given by Reverend Jonathon Andrew, First Baptist Church, Barefoot Bay, Florida.

 

 

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

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Contract with State of Florida Department of Revenue for reimbursement to the Board of the cost of service of process for Title IV-D child support enforcement cases from July 1, 2006 through June 30, 2009.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to award Contract to Tech Systems, Inc. for roof replacements at Fire Station #62 in Satellite Beach and Fire Station #63 in Indialantic Beach; and authorize the Chair to execute the Contracts.  Motion carried and ordered unanimously.       

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Amendment to Binding Development Plan Agreement #10097 with Veronica Estates, Inc. for property located 1,700 feet east of Grissom Parkway and 340 feet north of Canaveral Groves Boulevard.  Motion carried and ordered unanimously.

 

Central Services Director Steve Stultz stated each Commissioner should have received a memorandum regarding an opportunity for a grant through the US Department of Energy for development of an alternative fuel infrastructure; apologized for getting the information to the Board on a short timeframe; but advised the grant was issued on April 19, 2006 with a June 8, 2006 application deadline.  He advised the grant was brought to staff’s attention through the Technological Research and Development Authority (TRDA); and TRDA has offered, as a cooperative effort, to assist staff with the application and oversight of the grant.  He stated the grant is a one-to-one match; and the Board previously approved a set-aside of funds for matching grant opportunities.  He advised it will cost approximately $84,000 investment for a fuel site; matching funds of approximately $42,000 will be required; and there is $32,000 left in the set-aside fund.  He stated Budget Director Dennis Rogero indicated there may be an opportunity to take the remaining $10,000 out of the Contingency Fund.  He stated it would provide a facility for B100 Fuel, which is 100% non-petroleum fuel.  He advised a representative from the TRDA Office is present if the Board has any technical questions.  He stated the intent would be to set another fuel site at one of the County’s existing sites where it could be either utilized directly as a fuel for the diesel vehicles or could be blended in various percentages at the pump.

 

Chair Voltz inquired what is the cost of the upkeep; with Mr. Stultz responding there would not be any costs outside of the actual fuel costs.  Chair Voltz inquired if the bio-fuel is cheaper than what the County buys now; with Mr. Stultz responding the research indicates the bio-fuel is approximately 13¢ a gallon cheaper than diesel.  Chair Voltz inquired how much money is in the Contingency Fund.  Assistant County Manager Ed Washburn responded approximately $55,000. 

 

Commissioner Pritchard inquired if the County is trying to become less dependent on gasoline and oil products; with Mr. Stultz responding it would initiate an effort to go in that direction.  Mr. Stultz stated the grant will be for B100 Fuel, which is 100% either soybean oil or vegetable oil based fuel.  Commissioner Pritchard inquired if it requires modification to the vehicles in order to burn the bio-fuel.  Mr. Stultz responded it requires no changes in the engine components, but the fuel filter must be replaced after a few tanks as it scours all of the fuel system.  Commissioner Pritchard inquired if the vehicles can go from bio-fuel back to gasoline or diesel; with Mr. Stultz responding it can go back and forth or the bio-fuel can be blended with gasoline or diesel at the pump. 

 

Commissioner Carlson stated a lot of dollars have opened up for incentives to go to other alternative fuel sources to try to get off 100% petroleum-based products; and it is a good step in the right direction.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to authorize application for a U.S. Department of Energy Grant through Technological Research and Development Authority (TRDA) for development of alternative fuel infrastructure with matching funds estimated at $42,000, $32,000 available as previously approved by the Board, and $10,000 coming from Contingency Fund.  Motion carried and ordered unanimously.    

Commissioner Pritchard stated he wants to schedule a Solid Waste Workshop for 1:00 p.m. on August 17, 2006; and a TiCo Airport Authority Workshop is scheduled for 6:00 p.m. on that day.  He advised he has spoken with the people who run the landfill in Osceola County; there is a lot of information the Board needs to hear; and it needs to be discussed in a workshop format.  Commissioner Carlson stated at the last Solid Waste Workshop there were outstanding questions not answered; and this workshop will be a follow-up.  She stated she prefers to have the Solid Waste Workshop beginning at 3:00 p.m., have a dinner break at 5:00 p.m., and then begin the TiCo Airport Authority Workshop at 6:00 p.m.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve scheduling a Solid Waste Workshop on August 17, 2006 at 3:00 p.m.  Motion carried and ordered unanimously.      

 

 

Commissioner Carlson read a letter into the record from Nancy Bruder, who was one of the people impacted by Pulte Development, thanking the Board of County Commissioners for its assistance in resolving the issues at Carriage Park.

 

 

Commissioner Carlson introduced the President of the Melbourne Municipal Band Association to talk about what is going on with the band.

 

President of the Melbourne Municipal Band Association stated on July 22, 2006 the Melbourne Municipal Band Association, with the support from the Board of County Commissioners, local businesses, and other donors, will have served the East Central Florida area for 41 years.  He advised the purpose of the Association is to promote band music, maintain a municipal band, encourage participation in municipal band activities, foster and encourage social and cultural relationships related to its musical endeavors, advance the musical and cultural appreciation of society, and function as a charitable organization.  He noted there are several spin-off groups including Dixieland Band, German Band, Brass Choir, Woodwind Choir, Camarata Winds, Melbourne Youth Band, Brass Alive, and Central Florida Winds.  He stated there are several upcoming events in May, June, and July; and expressed his appreciation to the Board for its continued support of the Cultural Arts in Brevard County.

 

 

Commissioner Colon stated the Support Our Troops Rally in Palm Bay has been scheduled for June 3, 2006 at 3:30 p.m. at Veterans Park; the community is invited to attend to show support; and the City of Palm Bay officially holds this event the first weekend in June every year.

Commissioner Colon stated she had asked the Board to consider funding a portion of the Vietnam Wall Project during the budget process; and introduced Director for All Brevard Veterans Ralph Earusso to speak to the Board about this project.

 

Director for All Brevard Veterans Ralph Earusso expressed his appreciation to the Board for its support of what All Brevard Veterans has accomplished over the past 20 years; stated a Vietnam Wall for Brevard County was needed; and it has been constructed and all materials purchased within the County.  He stated there is a shortfall of approximately $74,000; they have raised $150,000 so far; and requested any help from the Board that it could give to complete the project.

 

Commissioner Colon advised it will be included in the budget discussions; and she wanted the Board to have the opportunity to hear from Mr. Earusso.

 

  

Commissioner Pritchard read aloud a resolution commemorating May 29, 2006 as Memorial Day.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution commemorating May 29, 2006 as Memorial Day remembering the departed service men and women.  Motion carried and ordered unanimously. 

 

 

Commissioner Pritchard presented the Resolution to Maurice Meisner with the Brevard Veterans Council.

 

Mr. Meisner expressed appreciation to the Board for the Resolution.

 

 

Chairman of the Volunteer Management Team Paulette Davidson stated there are some special awards to present to those County volunteers who exemplified outstanding public services; and presented the Jefferson Award to five individuals as follows:  EMS Reservist Sally Larson, and Animal Guardians of Brevard County Susan Goodman, Dan Goodman, Mary Peer, and Dennis Peer.  She advised those individuals names will be submitted to the Central Florida Awards Program to be considered for the Central Florida Award and the National Jefferson Award.

 

   

Commissioner Carlson read aloud a resolution recognizing Coastal Health Systems of Brevard, Inc. for exceptional achievement in being one of the first three agencies within the State of Florida to receive accreditation through the Commission on Accreditation of Ambulance
Services.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to recognize Coastal Health Systems of Brevard, Inc. for the achievement of receiving accreditation through the Commission on Accreditation of Ambulance Services.  Motion carried and ordered unanimously. 

 

 

Commissioner Carlson presented the Resolution to President/CEO of Coastal Health Systems of Brevard, Inc. Bill McCarthy, along with Director of Paramedics Joe Goodman, expressed their appreciation to the Board for the Resolution.

 

 

Executive Director of Keep Brevard Beautiful Larry Weber stated it is the 23^rd Annual Trash Bash; there were 1,158 volunteers who removed 120 tons of litter; and he appreciates the Board’s support.

 

Chairman of the Board of Keep Brevard Beautiful Michael Hazlett stated the winner of the District Competition for the most volunteers and litter collected is District 5 for 194 volunteers that removed 94,440 pounds of litter.  He awarded Commissioner Colon with the stained glass pelican to display in the District 5 Office for one year.  He advised the District Competition winner for the most improved is District 3 for 140% increase in volunteers and litter removed; and a $500 donation will be made on behalf of Chair Voltz to the Cystic Fibrosis Foundation.

 

Commissioner Colon read aloud a resolution proclaiming May 14 through 20, 2006 as Emergency Medical Services Week.

 

Motion by Commissioner Colon, seconded by Commissioner Pritchard, to adopt Resolution proclaiming May 14 through 20, 2006 as Emergency Medical Services Week.  Motion carried and ordered unanimously.

 

 

Commissioner Colon presented the Resolution to Fire Rescue District Chief Orlando Dominguez, who expressed his appreciation to the Board. 

 

 

Chair Voltz read aloud a resolution proclaiming May 17, 2006 as Emergency Medical Services for Children’s Day.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution proclaiming May 17, 2006 as Emergency Medical Services for Children’s Day.  Motion carried and ordered unanimously. 

 

 

Chair Voltz presented the Resolution to Fire Rescue District Chief Orlando Dominguez, who expressed his appreciation to the Board.

 

 

Mary Hillberg expressed her appreciation to the Board for implementation of 100% of the transportation impact fees; she requested it consider a 2006 update for the impact fee study; and in the last six years the cost of everything has increased.

 

Commissioner Scarborough advised an updated impact fee study was discussed, but the price to do it was too expensive; and staff will come back to the Board with some new numbers to be discussed. 

 

Commissioner Pritchard stated Palm Bay has a plan to use the taxes generated by new property as it comes online for infrastructure needs; it is a concept that is unique to government as it tends to use taxes for everything but infrastructure needs; and money that is generated by new property taxes goes into cost of living adjustments necessary throughout government.

 

 

Insurance Director Gerard Visco stated it is that time of year again to discuss the property insurance crisis; last year staff was successful in moving the property insurance renewal from October to June 1 in an effort to get access to the insurance marketplace;  he needs the Board’s authority to bind property insurance coverage for the County’s assets before June 1, 2006; and staff is not being given the opportunity to purchase significant amounts of coverage.  He stated the carriers are willing to offer the County at most $40,000,000 worth of windstorm coverage for all of its assets; it is down from the $450,000,000 of coverage currently enjoyed; and he has the opportunity to purchase ample amounts of limits to cover all other risks.  He requested the authority to bind coverage of an amount not to exceed the money for which his department has already budgeted in the current proposals; and it is approximately $3,000,000 needed to spend in premium to secure between $15,000,000 and $20,000,000 worth of windstorm coverage and $100,000,000 worth of all-risk coverage. 

 

Chair Voltz inquired about the $40,000,000 he spoke of earlier; with Mr. Visco responding it would cost $4,000,000; he does not have the budget for that; and it would cost an additional $200,000 for $100,000,000 of all-risk coverage.  Discussion ensued on how much property insurance the County needs to purchase.

 

Commissioner Scarborough stated the Board could authorize a transfer of the additional money needed from one of the Enterprise Funds so Mr. Visco could negotiate the $40,000,000 if possible.  Mr. Visco stated the premiums are more expensive buying at the lower levels; the higher it goes the less expensive it is; but within the range of $20,000,000 to $40,000,000 of coverage the difference of premium cost to the County is not that significant. 

 

Commissioner Carlson stated since all structures need to be covered in the County, possibly the School Board could join with the Board, work together, and reduce the payment.  Mr. Visco advised the School Board and the County are on different cycles, and with the current marketplace combining resources there is no assistance; the underwriters are only willing to sell “x” amount of coverage regardless to the number of assets brought to them; and partnering with the School Board will hinder the County and School Board.  

 

Assistant County Manager Ed Washburn stated there is approximately $13,000,000 in the Reserve Fund; and the Board needs to authorize Mr. Visco to negotiate to utilize either the Reserve Fund or borrow from the Enterprise Fund. 

 

Commissioner Pritchard requested Mr. Visco formulate a report of what the experience with the property insurance has been for the last five years, what was the premium, what the coverage has been, and the number of named storms as well as the storms that have hit Brevard County.  Commissioner Carlson stated the report should include the history of Hurricane Katrina, as a devastating hurricane could hit Brevard County in future years.

 

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to grant permission to Insurance Director Gerard Visco to negotiate with the insurance carriers for all-risk and windstorm property insurance for Brevard County, with $3,000,000 coming from the Insurance Department’s budget, and the remainder of approximately $1,000,000 coming from either Reserve Funds or to borrow from Enterprise Funds. 

 

Chair Voltz called for the public hearing to consider the recommendations of the Planning and Zoning Board made at its meeting of May 8, 2006 as follows:

 

Item VI.B.1.     (Z0605401)  Item withdrawn from the agenda.

 

Item VI.B.2.     (Z0605402)  Sun Harbor Investment Group, LLC’s request for a Small Scale Plan Amendment (06S.14) to change the Future Land Use Designation from Neighborhood Commercial to Commercial and a change of classification from GU to BU-2 on 2 acres located on the south side of Freeman Lane, east of Waelti Drive, which was recommended for approval by the P&Z Board.

 

Commissioner Carlson stated the property is where the previous New Leash on Life was located; it is where there were 75 dogs living in a small home; it has been evacuated; and Sun Harbor Investment Group, LLC wants to change the zoning to BU-2.  She stated her only issue is there are residents across the street from the property who have been before the Board time and time again; it would be more appropriate to zone 100 feet back as BU-1 then zone the remainder of the property BU-2; the BU-2 uses will be in the back of the property; and it would not be so visible from the road.  Chair Voltz inquired if she means back from Freeman Lane; with Commissioner Carlson responding yes.  Commissioner Carlson inquired how deep is the lot; with Zoning Official Rick Enos responding approximately 400 feet. 

 

Tony Camara stated his plan for the property is store boats and recreational vehicles, to do some indoor repairs, and most likely used boat sales.

 

Kim Sisko requested the Board look at the map that was distributed earlier; stated the purple sections are all Industrial zoning and the gray is Commercial zoning; and the little house is the property being discussed.  She advised 75% of the surrounding properties is already Commercial/Industrial; there is a letter attached from the people who abut the property who are 100% for it and a letter from people on the right side of the property;  and the red section is property that the government took over as a water drainage area.  She stated Mr. Camara is giving the Suntree area a place to park the boats and recreational vehicles; it is a dead-end street; there is not much traffic; the building is already removed; the property will be improved 100%; and the Board should let Mr. Camara move forward.

 

Laura Wheeler stated she is concerned about consistency and compatibility; she does not believe it is consistent and compatible; boat sales were not mentioned at the last meeting; to get this kind of zoning there should not be more than 20% increase in the traffic; and with boat sales it will increase the traffic by more than that.  She stated the road is not paved; the building that is on the property is not taken down; and the trees were removed without permits.  She advised there is a history with this property and it sets the tone of non-compliance; all of the commercial properties are all accessed via Waelti Drive; none of the commercial is accessed via Freeman Lane; it should continue to be that way; and all of Freeman Lane is residential access.

 

Chair Voltz inquired if Freeman Lane dead-ends into Waelti Drive, but there is no access from Waelti Drive onto Freeman Lane; with Ms. Wheeler responding yes.  Ms. Wheeler advised the commercial property is accessed through Waelti Drive.  Commissioner Carlson inquired if there is any access to the back of the property; with Ms. Wheeler responding not currently.  Commissioner Carlson stated the item is a deep piece of property; there are residences up and

 

down the north side of the property; she has not met with the applicant or any of the residents; and she is going to request it be tabled to the August 3, 2006 meeting. 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Colon, to table Item IV.B.2. to the August 3, 2006 Board of County Commissioners meeting. Motion carried and ordered unanimously.        

 

 

Item VI.B.3.     (Z0605501)  Sylvia Properties, Inc.’s request for a change from BU-1 to BU-2 on 2.66 acres located on the west side of Columbia Lane, north of US 192, which was recommended for approval by the P&Z Board.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve Item VI.B.3. as recommended by the P&Z Board.  Motion carried and ordered unanimously.          

 

 

Item VI.B.4.     (Z0605101)  Kevan Richard Donewald’s request for a change from RU-1-9 to TR-2 on .59 acre located on the east side of Turnbull Road, north of Irwin Avenue, which was recommended for approval by the P&Z Board.

 

Richard St. Germain stated he and some of the neighbors do not think the plan is a good one; it is different than the rest of the neighborhood; and there have consistently been homes in this area. 

 

Commissioner Scarborough stated if the Board looks at the map that shows the zoning classifications, it would be easier for it to follow what Mr. St. Germain is speaking about.

 

Mr. Germain stated everything to the north of Irwin Avenue has been homes; people built houses in the neighborhood to be amongst homes; it is a better investment; people’s biggest investment is normally a home; and it would set a precedent to allow a mobile home into the neighborhood.

 

Commissioner Scarborough stated this item was a split vote at the Planning and Zoning Board meeting; it is going beyond what is reasonable by putting a trailer in a single-family neighborhood; and he wants to request the Board to deny the item.    

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to deny Item VI.B.4.  Motion carried and ordered unanimously.     

 

 

Item VI.B.5.     (Z0605102)  William M. (Sr.) and Nancy J. Dontigney’s request for a Small Scale Plan Amendment (06S.15) that proposes to change the Future Land Use Designation

 

from Neighborhood Commercial to Community Commercial; and change from AU and BU-1 to BU-2 on 1.97 acres located on the east side of US 1, north of Brockett Road, and frontage on the west side of Old Dixie Highway, north of Oxyoke Road, which was recommended for approval by the Local Planning Agency and P&Z Board.

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve Item VI.B.5. as recommended by the Local Planning Agency 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 Fifteenth Small Scale Plan Amendment of 2006, 06S.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 VI.B.6.     (Z0605103)  Ervin Szoke’s request for a Small Scale Plan Amendment (06S.12) that proposes to change the Future Land Use designation from Neighborhood Commercial to Community Commercial; and change from AU to BU-1 on 1.12 acres located on the northeast corner of US Highway 1 and Flounder Creek Road, which was recommended for approval by the Local Planning Agency and P&Z Board.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve Item VI.B.6. as recommended by the Local Planning Agency 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 Twelfth Small Scale Plan Amendment of 2006, 06S12, 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 VI.B.7.     (Z0605104)  Richard W. and Hazel M. Fosters, Trustees’ request for a change from AU to SR on 8.22 acres located on the northwest corner of Lion Lane and Turpentine Road, which was recommended for approval as RR-1 by the P&Z Board.

 

Steve Hemmerle stated he agrees to ask for a zoning classification of RR-1 on one-acre lots on the parcel of land; the intention is to have one-acre plus lots, 3,000 square feet or above country style homes, minimal tree removal, and leave the property as natural as possible. 

 

Diana Coffin stated by looking at the map distributed to the Board, her home is located in the green section, and the section being presented is in the brown.  She stated the zoning request was originally SR; it was refused by the P&Z Board; and then the request was changed to RR-1.

She stated during the P&Z Board meeting it was stated by Mr. Hemmerle that the property had been surveyed; there is no evidence of a survey marker; she was raised by a land surveyor and trained as such; she does have a credible background; and she spent hours in the registry of deeds learning how to do this.  She stated if the survey is not complete, Mr. Hemmerle does not meet the criteria to ask for a change in zoning; and she has copies of all deeds referencing the title research on the property.  She advised the applicant has not contacted people in the affected area; he has not once tried to contact herself; at the P&Z Board meeting on May 8, 2006 it was requested that he call; he has changed his story several times as to what he wants to do with the property; and inquired why would the applicant ask for SR zoning if all he wanted to do originally was build seven or eight houses. 

 

President of the Citrus Point Homeowners Association William Powell, Jr. stated he resides west of the property; he has several objections to the rezoning; the applicant has not met with anyone in the neighborhood to discuss the plan; there is nothing that makes the applicant bound to do what he says he is going to do; and there is a concern with that.  He stated there was no Binding Development Plan that was approved with the RR-1 Zoning at the P&Z Board meeting.  He stated the notice was posted on Lion Lane; Lion Lane is used by a small portion of the residents who live there; the majority of the traffic is on Turpentine Road; there is a reason why the people on Turpentine Road are not here; and those people did not see the rezoning notice.

 

Commissioner Scarborough stated he would not be opposed to a Binding Development Plan; and inquired if Mr. Powell and the neighbors have gone over the elements or does each one have his or her own thoughts as to what should be in a Binding Development Plan.  Mr. Powell responded there has been no real meeting; and he is trying to run with consistency.  Commissioner Scarborough advised he wants to give the applicant a copy of Mr. Powell’s letter; there will be a potential of a Binding Development Plan; his problem with moving forward tonight is the neighbors are not up to speed as much as Mr. Powell is; and once everything is said the neighbors should meet with the applicants. 

 

Mr. Powell stated the property has front footage on both Turpentine Road and Lion Lane; Lion Lane is a lane; there will be an increased amount of traffic; there will be many curb cuts into Lion Lane; and all the property should be exited out onto Turpentine Road. 

 

Joyce Fleischmann stated there is a group present at the meeting from Mims; there is a support group; the group appreciates the Board’s help; the density needs to be kept under control; and it will affect people’s children and grandchildren if the density is not controlled. 

 

Ronald Penfold stated his property abuts Foster Trustee property on the west side; he has an existing commercial citrus grove; he is concerned the property is lower; and he is afraid it will be a more serious flooding problem.

 

Commissioner Scarborough stated he wants to work with the residents and the applicant in creating a Binding Development Agreement; and he will move to table the item.     

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to table Item VI.B.7. to the August 3, 2006 Board of County Commissioners meeting.  Motion carried and ordered unanimously.          

 

 

The meeting recessed at 7:05 p.m., and reconvened at 7:14 p.m.

 

 

Item VI.B.8.     (Z0605105)  Mims Property Development, LLC’s request for a change from AU to SR on 20 acres located on the north side of Irwin Avenue, east of Old Dixie Highway, which was recommended for approval as RR-1 by the P&Z Board.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve Item VI.B.8. as recommended by the P&Z Board.  Motion carried and ordered unanimously.          

 

 

Item VI.B.9.     (Z0605106)  Terry and Deborah Nix’s request for a change from AU to RR-1 on 2.5 acres located on the north side of Lion Lane, east of the northern terminus of Tomato Farm Road, which was recommended for approval by the P&Z Board.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve Item VI.B.9. as recommended by the P&Z Board.  Motion carried and ordered unanimously.          

 

 

Item VI.B.10.   (PSJ60501)  Robert G. Keenan’s request for a Small Scale Plan Amendment (06S.16) to change the Future Land Use Designation from Residential 8 Directive to Community Commercial; and a change of classification from GU to BU-2 on 1/3 acre ± located on the south side of Kings Highway, west of Capron Road, which was recommended for denial of the Small Scale Plan Amendment and change of zoning classification by the Port St. John Independent Special District Advisory Board, and recommended for tabling by the Local Planning Agency to its June 19, 2006 meeting.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to table Item VI. B.10. to the June 19, 2006 Local Planning Agency meeting and the August 3, 2006 Board of County Commissioners meeting as recommended.  Motion carried and ordered unanimously.   

 

 

Item VI.B.11.   (Z0605201)  Norman G. and Marie A. Boucher, Trustees’ request for a Small Scale Plan Amendment (06S.13) that proposes to change the Future Land Use Map from Residential 15 to Community Commercial; and a change from RR-1 to BU-2 on 1.1 acre located on the east side of Cox Road, north of Lake Drive, which was recommended for approval by the Local Planning Agency and P&Z Board.

 

Norm Boucher stated he purchased the subject property for an investment in March 2006; he cleaned up the property; while cleaning it, he realized there was a lot of use of the road for heavy equipment and that the best use of the property is not residential.  He stated when he put the sign out to sell it there was a tremendous amount of commercial interests in the property.

 

Commissioner Carlson stated by looking how all of the property was split up she was concerned about all of the open space in the area; and inquired if Commissioner Pritchard has talked to the people who abut the property.  Commissioner Pritchard responded he is familiar with the property; there are many commercial properties in the area; and there are other uses on the east side of the property.

 

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to approve Item VI.B.11. as recommended by the Local Planning Agency 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 Thirteenth Small Scale Plan Amendment of 2006, 06S.13, 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 VI.B.12.   (Z0605202)  Merritt Island Associates’ request for a Conditional Use Permit for Alcoholic Beverages for On-premises Consumption (beer & wine only) in a BU-2 zoning classification on 3 acres located on the south side of Merritt Island Causeway, west of Plumosa Street, which was recommended for approval by the P&Z Board.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve Item VI.B.12. as recommended by the P&Z Board.  Motion carried and ordered unanimously.         

 

 

Item VI.B.13.   (Z0605203)  Echo Trading Co., LLC.’s request for a change from RVP to RU-2-10 on 5.13 acres located on the south side of Tingley Drive, west of SR 3; and having frontage on the north side of Marine Harbor Drive, west of SR 3, which was recommended for approval by the P&Z Board.

 

 

Craig Hessee stated development of the Tingley Marina is a special opportunity to create a new and exciting community on a parcel of land; this is in a state of serious decline; contrary to most developments in the County, the redevelopment plan for this property is unique; it will reinvigorate a declining property; and density requirements for redevelopment is consistent with the current density.  He stated it will reduce the amount of traffic generated; the redevelopment plan does not require a County height variance; and the current stormwater treatment system, and on site sewage treatment and disposal system will be updated so it will meet current State and County requirements.  He stated the property is 5.13 acres with a current zoning of RVP with 52 mobile home pads; the rezoning will be for RU-2-10 residential allowing a maximum of ten units per acre; the proposed redevelopment density allows 51 units; the current zoning allows for 52 mobile home units; and it will be only housing it in a different format.

 

Mary Hillberg stated Mr. Hessee called the North Merritt Island Homeowners Association to involve everyone even though he did not have to; he gave a professional presentation; and it is a beautiful plan.  She advised the only issue is when leaving the property a person cannot turn south on State Road 3.

 

Commissioner Pritchard stated the proposal is less density and less traffic; the P&Z Board approved it unanimously; and it is a good project.

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to approve Item VI.B.13. as recommended by the P&Z Board.  Motion carried and ordered unanimously.          

 

 

Item VI.B.14.   (Z0605204)  James (Jr.) and Angeles Burnham’s request for a change from RU-1-9 to RP on .64 acre located on the south side of Hatfield Avenue, east of North Courtenay Parkway, which was recommended for approval by the P&Z Board.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve Item VI.B.14. as recommended by the P&Z Board.  Motion carried and ordered unanimously.         

 

 

Item VI.B.15.   (Z0605205)  Tomas R. (Jr.) and Anna B. Santos’ request for a change from AU to RR-1 on 1.03 acres located south of Rector Road, east of Friday Road, which was recommended for approval by the P&Z Board.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve Item VI.B.15. as recommended by the P&Z Board.  Motion carried and ordered unanimously.         

 

 

Item VI.B.16.   (NMI60501)  Harvey’s Indian River Groves, Inc.’s request for a change of classification from AU to SEU on 40 acres located north of the intersection of SR 3 and Grant Road, which was recommended for approval with a Binding Development Agreement by the North Merritt Island Dependent Special District Board.

 

Mary Hillberg stated if more developers and builders would come to the community and collaborate, work together, and solve the problems and issues as this one, things would move right on through; and the North Merritt Island Homeowners Association is for the project.

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to approve Item VI.B.16. as recommended by the North Merritt Island Dependent Special District Board.  Motion carried and ordered unanimously.  

 

 

Item VI.B.17.   (Z0605301)  Patricia M. Glover’s request for a change from AU to RR-1 on 2.23 acres located on the west side of Brabrook Avenue, north of Mooney Road, which was recommended for approval by the P&Z Board.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve Item VI.B.17. as recommended by the P&Z Board.  Motion carried and ordered unanimously.         

 

 

Item VI.B.18.   (Z0605302)  Item withdrawn from the agenda.

 

 

Item VI.B.19.   (Z0605303)  San Sebastian Holding, Inc.’s request for a Conditional Use Permit for a Commercial/Recreational marina, and a Conditional Use Permit for Alcoholic Beverages for On-premises Consumption in a BU-1 zoning classification on 2.81 acres located on the south side of Main Street, west of US Highway 1, on the south side of Main Street, which was recommended by the P&Z Board for tabling of the marina portion to the August 7, 2006 P&Z Board meeting, and for approval of the CUP for Alcoholic Beverages for On-premises Consumption, limited to beer and wine only.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to table the Commercial/Recreational marina portion of Item VI.B.19. to the August 7, 2006 P&Z meeting and the September 7, 2006 Board of County Commissioners meeting.  Motion carried and ordered unanimously.          

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve a CUP for alcoholic beverages for on-premises consumption, limited to beer and wine only, as accessory to restaurant use only for Item VI.B.19. as recommended by the P&Z Board.  Motion carried and ordered unanimously.    

Item VI.B.20.   (Z0604101)  Diane Teague’s request for a change from RR-1 to RP on 2.98 acres located south of the intersection of Windover Way and Columbia Boulevard, which was recommended by the P&Z Board for tabling to the August 3, 2006 Board of County Commissioners meeting.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to table Item VI.B.20. to the August 3, 2006 Board of County Commissioners meeting.  Motion carried and ordered unanimously.          

 

 

Chair Voltz called for the public hearing to consider an ordinance amending Chapter 62, adding self storage mini-warehouses to BU-1 Zoning Classification.

 

Zoning Official Rick Enos stated the item appeared at the last Planning and Zoning meeting; it was tabled as there was concern expressed; the people who expressed concerns met with staff; and an amendment was agreed upon.  He advised the amendment is an alternative to Option 3 in the Agenda Package, which says to delete paragraph M that speaks to the scenic highway restrictions, and place all of the additional restrictions that were suggested in the Code to apply to all mini-warehouses everywhere in BU-1 Zoning.  He stated he highlighted pages 2 and 3 of the ordinance, and the changes at the bottom of page 2, paragraph D; he added that outside storage is not permitted if the property is adjacent to any parcel zoned residential or used for residential purposes; paragraph J in the middle of page 3 has added that additional vegetation would have to be added to the top of the berm in the front of the property to bring the total height of the berm and the vegetation up to six feet; chain link fencing is prohibited; and in paragraph K he added that metal buildings are prohibited.  He stated based upon the changes, everyone was satisfied with it; and it is ready to go as amended.

 

Commissioner Carlson stated the issue she and Mr. Enos talked about was the fact that normally when there are storage units it is supposed to be secure; having an opaque buffer does not make them secure; and walls will have to be built.  Chair Voltz advised the storage units she has seen have built either brick walls or a gate where a person has to have a key or code entry to get in.  Mr. Enos stated those are secure facilities and there will be a solid structure around the entire perimeter of the units; the idea of the vegetation is to soften the wall; and the visual barrier is in addition to what will be seen on the perimeter of the structure.  Commissioner Carlson stated that is assuming there will be a solid wall.

 

Commissioner Scarborough stated a chain link fence could be put behind the buffer.  Chair Voltz stated she does not like a chain link fence; the buffer could go away; and then there would be the ugly chain link fence.  Commissioner Scarborough stated the purpose is for security.

 

 

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Ordinance amending Chapter 62, “Land Development Regulations”, code of ordinances of Brevard County, Florida; amending section 62-1102 to provide a definition of “self storage mini-warehouse”; amending section 62-1837 to provide conditions for “self storage mini-warehouses” in the BU-1 Zoning Classification; amending section 62-1482 to add “self storage mini-warehouses” to the list of permitted uses with conditions in the BU-1 zoning classification; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusions in the Brevard County Code of Ordinances.  Motion ordered and carried unanimously. 

 

 

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to continue public hearing to consider an ordinance amending Chapter 62, “Land Development Regulations” code of ordinances of Brevard County, Florida; amending Article VI, Division 6, Subdivision I; specifically creating section 62-2117.5 “portable temporary storage units”, providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the code of ordinances of Brevard County, Florida to the August 3, 2006 Board of County Commissioners meeting.  Motion carried and ordered unanimously.     

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution supplementing and amending Resolution No. 05-297 of the Board of County Commissioners of Brevard County, Florida, pertaining to the County’s Local Option Fuel Tax Revenue Bonds, Series 2005; modifying the definition of “initial project” contained therein and providing an effective date for this supplemental Resolution.  Motion carried and ordered unanimously.  

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to execute Amendment No. 3 to Agreement with Department of Environmental Protection to reallocate funds for Brevard County Shore Protection Project tasks.  Motion carried and ordered unanimously. 

 

Commissioner Scarborough stated he has had conversations with Tourism Development Director Rob Varley on this item; Cocoa Village is a difficult place to get to for people who live in Brevard County; parking is a problem; there are better places it could be located; and he wants staff to keep trying to look for a better place.  He advised he will vote against the item.

 

 

 

Commissioner Pritchard stated the Tourism Development Office is the Office, not the Visitor Center; it does have a visitor component; there are a lot of people who go to Cocoa Village that come from Port Canaveral on tour buses; it does require effort to find parking but there is plenty of parking; and it is a good location as it is somewhat centralized.

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to execute Lease Agreement with First States Investors 4499, LLC for the proposed Tourism Development Office
and Visitor Information Center located in Cocoa Village.  Motion carried and ordered; Commissioner Scarborough voted nay. 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to grant permission to bid for the design and construction of Uninterrupted Power Supply Units for traffic signals and award bid to the lowest responsible bidder; and authorize the Chair to execute the contracts and budget change requests needed to complete the project.  Motion carried and ordered unanimously. 

             

 

 

 

 

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

 

 

 

 

ATTEST:                                                                     _________________________________

                                                                                    HELEN VOLTZ, CHAIR

                                                                                    BOARD OF COUNTY COMMISSIONERS

                                                                                    BREVARD COUNTY, FLORIDA

 

___________________

SCOTT ELLIS, CLERK

 

 

            (S E A L)