MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA


October 1, 2009


The Board of County Commissioners of Brevard County, Florida met in regular session on October 1, 2009, at 5:03 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Chuck Nelson, Commissioners Robin Fisher, Trudie Infantini, Mary Bolin, and Andy Anderson, Assistant County Manager Mel Scott, and Assistant County Attorney Morris Richardson.


INTRODUCTION TO ZONING PROCEDURE

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

The invocation was given by Commissioner Infantini.

Commissioner Mary Bolin led the assembly in the Pledge of Allegiance.


REPORT, RE: CANCELLATION OF CRIME PREVENTION WORKSHOP

Commissioner Fisher stated on October 8, 2008 the Crime Prevention Workshop is scheduled; some of the Police Chiefs have a conflict, because they will be attending a Police Chief Conference that same day; and inquired if the Crime Prevention Workshop date could be moved to October 27, 2009 at 9:00 a.m., because they want to participate.

Motion by Commissioner Bolin, seconded by Commissioner Infantini, to approve cancellation of the October 8, 2009 Crime Prevention Workshop; and approve rescheduling the workshop to October 27, 2009 at 9:00 a.m. Motion carried and ordered unanimously.


REPORT, RE: “SAVE SPACE” LETTER CAMPAIGN

Commissioner Fisher stated the Space Forum went really well and the “Save Space” letter writing campaign is also going well; and he heard there are over 20,000 hits on the web site. He stated he is not a Facebook guy, but he understands there are 310 new Facebook fans to “Save Space” and that is reaching out to all those members there are some Tweeters that are out there; and he is trying to get his daughter to teach him how that all works. He stated the community is starting to rally behind the campaign and are marching towards the goal.


REPORT, RE: PARKS AND RECREATION STAFF

Commissioner Infantini thanked the Parks and Recreation staff, especially Brandy Dingley, for doing an excellent job with the ribbon cutting ceremony for the Community Center in South Brevard Beach.


REPORT, RE: WEST MELBOURNE POST OFFICE

Commissioner Infantini stated she attended, along with Vice Mayor John D’Amico of the City of West Melbourne, the unveiling of a new Breast Cancer Awareness Stamp at the West Melbourne Post Office; and $2 from every sheet of stamps purchased go towards research.


REPORT, RE: YOUNG-CRIPPEN FIRING ROOM

Commissioner Infantini stated she was present at the Launch Control Center last Friday, for the Young-Crippen Firing Room Constellation ribbon cutting ceremony; and she thought it was a very exciting experience, because she had never been in a firing room before.


REPORT, RE: FLORIDA INSTITUTE OF TECHNOLOGY FUNDRAISER

Commissioner Infantini stated congratulations to the Florida Institute of Technology (FIT), for meeting their fundraising goals that were set at $50 million; and they actually exceeded their $50 million goal by $9 million.


REPORT, RE: MELBOURNE/PALM BAY CHAMBER OF COMMERCE EVENT

Commissioner Bolin stated she and Commissioner Anderson attended a Melbourne/Palm Bay Chamber of Commerce event this morning; there was a tremendous speaker, Howard Tipton, who kept them mesmerized for two hours. She mentioned also at the event each person had a letter in their chair and had to sign the letter for “Saving Space” that had to be turned in before leaving the room, so there were many more letters that will be going out for the campaign.


REPORT, RE: FRIDAY’S IN THE FIELD

Commissioner Anderson stated he is back to his Friday’s in the Field; now that he has gone through the trauma of budget he can get back to his Friday’s; he visited golf course Spessard Holland in Commissioner Infantini’s District that was well maintained; and it is amazing the different demographics of the people at that golf course compared to the Habitat Golf Course.


PUBLIC HEARING, RE: PLANNING AND ZONING RECOMMENDATIONS OF
AUGUST 17 AND SEPTEMBER 14, 2009

Chairman Nelson called for the public hearing to consider Planning and Zoning recommendations of August 17 and September 14, 2009.

Item V.B.10 (Z0907105) – Peppercorn & Peppercorn, Inc.; Travis and Gail Giffey; Keith Marlin Skalet and Brenda C. Skalet; and John W. Moorer, as parterns in the Mims property Joint Venture Partnership requests a change from AU, RRMH-1 and RRMH-2.5 to RU-1-11 on 84.72 acres; and a change from AU to RR-1 on 35.60 acres. (Total Acreage = 120.32) located on the south side of Irwin Avenue, east of U.S.1, which was recommended for denial by the Planning and Zoning Board.

Rick Enos, Zoning Manager, advised the applicant requests to table the Item and return it to the Planning and Zoning Board, for reconsideration; it has been indicated to him that the density needs to be reduced to try to make it more compatible with the neighborhood; and tends to work with the neighborhood. He stated the request would be to table it for reconsideration by the Planning and Zoning Board on November 9, 2009; and then bring it back to the Zoning meeting on December 3, 2009.

There being no objections heard, motion was made by Commissioner Fisher, seconded by Commission Bolin, to table Item for reconsideration to the Planning and Zoning Board on November 9, 2009, and to December 3, 2009 Board of County Commissioners meeting. Motion carried and ordered unanimously.


PUBLIC HEARING, RE: CONTINUATION OF DENIED REQUEST FROM AUGUST 7,
2008

Chairman Nelson called for a public hearing to consider a continuation of denied request of Rishi Real Estate Properties, LLC from August 7, 2008.

Item V.C.1. (NM180701) – Rishi Real Estate Properties, LLC – requests CUP for Alcoholic Beverages for On-Premises Consumption, with a Binding Development Plan, in a PIP zoning classification on 0.37 acre located on the southwest corner of Duval Street and North Courtenay Parkway.

Chairman Nelson stated he had the opportunity to talk to the applicant, as well as the community; and the applicant has agreed that tabling would be appropriate to allow him an opportunity to meet with the community.

Chairman Nelson passed the gavel to Vice Chairman Bolin.


There being no objections heard, motion was made by Commissioner Nelson, seconded by Commissioner Anderson, to table Item V.C.1 to the November 5, 2009 Board meeting. Motion carried and ordered unanimously.


Vice Chairman Bolin passed the gavel back to Chairman Nelson.


Item V.B.1 (Z0909201) – Michael F. & Sandra L. Fahey requests a change from AU to SEU on property described on 1.94 acres, located south of Pioneer Road, west of North Courtenay Parkway, and north of Butler Avenue, which was recommended for approval, with a Binding Development Plan, by the Planning and Zoning Board.

There being no objections heard, motion was made by Commissioner Infantini, seconded by Commissioner Bolin, to approve Item V.B.1 as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.


Item V.B.2 (Z0909202) – Kevin Londo, Personally, and as Personal Representative of the Estate of Elaine F. Londo requests a change from RU-1-11 to BU-1-A on property described on .039 acre, +/- located on the south side of Merritt Avenue, west of Plumosa Street (355 Merritt Avenue, Merritt Island), which was recommended for approval by the Planning and Zoning Board.

Chairman Nelson passed the gavel to Vice Chairman Bolin.

There being no objections heard, motion was made by Commissioner Nelson, seconded by Commissioner Anderson, to approve Item V.B.2 as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.


Vice Chairman Bolin passed the gavel back to Chairman Nelson.


Item V.B.3 (Z0909401) – Damron Auto Parts East, Inc. requests a change from GU to PIP on property described on 0.694 acre, located at the north end of Waelti Drive, north of Wickham Road (7299 Waelti Drive, Melbourne), which was recommended for approval by the Planning and Zoning Board.

There being no objections heard, motion was made by Commissioner Bolin, seconded by Commissioner Anderson, to approve Item V.B.3 as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.


Item V.B.4 (Z0909402) – Happy Landings Homes, Inc. requests a Small Scale Plan Amendment (09S.04) to change the FLU Designation from NC to CC; and a change from IN(L), with an existing BDP, to IN(H), with removal of the existing BDP, and with a new BDP. The property is described on 5.33 acres, located on the east side of Old Dixie Highway, south of Otter Creek Lane (5925 Old Dixie Highway, Melbourne), which was approved by the Local Planning Agency; and approved by the Planning and Zoning Board, with addition to Binding Development Plan to limit the residents to women and children, and recommendation that the institution work with the neighbors to place someone on the board.

Commissioner Infantini stated she needs to disclose that she has met with the parties present for the public record.

Commissioner Bolin stated she has met with everyone also.

Commissioner Anderson stated he had met with the applicant, the representative, and Jinger Knox.

Commissioner Fisher stated he had a phone conversation with Jinger Knox in opposition of this item; and she is not present today.

Chairman Nelson stated he had a conversation with Mark Leslie who is in favor of the item.

Mark Leslie, Happy Landings Homes, Inc., inquired if a member of the neighborhood should be on their Board. He stated there was a meeting on September 8, 2009, with the neighborhood, Jinger Knox, and several other neighbors were in attendance at that meeting; in the course of that evening, several members gave ideas like establishing a committee or putting someone on the Board; somehow that got back to the Planning and Zoning Board; and they were very concerned that Happy Landings Homes, Inc. have someone on their Board, because Ms. Knox represented herself as the neighborhood representative. He stated since then, neighbors have been polled and he has statements from them in support of this, without a Board recommendation, which he can leave here today and it gives a couple of options, because there were concerns to make sure they had a voice if something happened in the neighborhood in relation to the women’s center. He mentioned when looking at all of the suggestions, a charter committee came about that Happy Landings Homes, Inc. would charter and give an option for them to have community representation on that committee; after talking with several of the neighbors, it was presented to them if they would like to either volunteer for a committee, or to have semi-annual meetings with the neighborhood; and there are 15 families and one business that will be close to Happy Landings Homes, Inc. He noted there were some residents that were not able to be contacted, but he did attempt to contact everyone; with all that were contacted, they were in favor of the rezoning; what he would propose in lieu of the Planning and Zoning Board’s recommendation of having a Board member, which for him a Board members sole purpose is to look at being of service and having a charitable motivation to be on the committee with ones purpose who perhaps is looking at property values; and Happy Landings Homes, Inc. would do nothing to diminish the property values in the neighborhood. He stated Happy Landings Homes Inc. is proposing they have a semi-annual meeting with the neighborhood, so that they all have a forum to present their concerns to the Board members.
Chairman Nelson stated in farness of Ms. Knox’s request, because she was unable to attend, he asks the Board if there is any interest in tabling; and no interest was heard.

There being no further comments or objections heard, motion was made by Commissioner Infantini, seconded by Commissioner Bolin, to approve Item V.B.4 to remove placing a member on the board, adding semi-annual meetings for the community, and adopted Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County, Entitled “The 1988 Comprehensive Plan”, setting forth the Fourth Small Scale Plan Amendment of 2009, 09S.04, 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

Chairman Nelson will read aloud, for the record, all of the names on speaker cards, as they chose not speak.


Item V.B.5 (Z0909101) – Amalgamated Armadillo Holdings, LLC requests a change from BU-1 and BU-2 to all BU-2, with a CUP for a Flea Market. The property is described on 9.43 acres, located on the west side of U.S. 1, north of Spring Street (5601 N. Highway 1 and 5795 N. Highway 1, Cocoa), which was recommended for approval by the Planning and Zoning Board.

There being no objections heard, motion was made by Commissioner Fisher, seconded by Commissioner Bolin, to approve Item V.B.5 with reference to the parking requirements map. Motion carried and ordered unanimously.


COMPLETION OF INFRASTRUCTURE PURSUANT TO CLAIM FOR PAYMENT OF
WATERS MARK SUBDIVISION

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to approve an additional 90-day time extension for the completion of the Waters Mark Plantation Subdivision infrastructure. Motion carried and ordered unanimously.



Upon motion and vote, the meeting adjourned at 5:22 p.m.





ATTEST:

                                                                                                                 _______________________________
                                                                                                                 CHUCK NELSON, CHAIRMAN
                                                                                                                 BOARD OF COUNTY COMMISSIONERS
                                                                                                                 BREVARD COUNTY, FLORIDA
_________________
SCOTT ELLIS, CLERK