MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

September 6, 2007

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on September 6, 2007, at 5:04 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Vice Chairperson Truman Scarborough, Commissioners Chuck Nelson, and Mary Bolin, County Manager Peggy Busacca, and Assistant County Attorney County Attorney Christine Lepore.  Absent were:  *Commissioner Colon and Commissioner Voltz.

 

 

The Invocation was given by Reverend Edward Buckner, Primitive Rob Medina, Commissioner’s Aide to Chairperson Colon.

 

 

Vice Chairperson Truman Scarborough led the assembly in the Pledge of Allegiance.

 

 

 

Commissioner Bolin recognized Harriett Raymond of Transportation Engineering; and stated Ms. Raymond is being applauded for her above and beyond service to the County.  She expressed appreciation to Ms. Raymond for her coordination with FDOT for much needed repairs and roadway improvements in the County; and stated when she asked people about Ms. Raymond, they said “a more diligent and fair Brevard County employee cannot be found.”  She stated one co-worker said, “Harriett is one of the hardest working employees I have ever met.”  She stated co-workers are astounded by Ms. Raymond’s knowledge and understanding of road building, intersection improvements, sidewalk construction, and her commitment to saving taxpayers’ money by keeping projects on track, on time, and on budget.  She stated one co-worker said, “we would all be better if we had just a little bit of Harriett’s knowledge, perseverance, and most of all her common sense.”  She thanked Ms. Raymond for her outstanding dedication to the success of the transportation projects, especially those in District 4.  She stated she also hears Ms. Raymond can carry a tune. 

 

Harriett Raymond stated she was totally caught by surprise; and thanked the Board for the recognition. 

 

Transportation Engineering Director John Denninghoff stated he echoes the comments of Ms. Raymond’s co-workers; and commented on Ms. Raymond’s dependability and efficiency.  He stated he has come to rely on Ms. Raymond in many ways; and she is the glue that binds and helps keep the Department on course.  He stated Ms. Raymond does not know how much he appreciates her efforts. 

 

Commissioner Nelson stated his experience has been that Ms. Raymond tells him he cannot do things; and her standard answer has been, “No, Chuck, you don’t have the money.” 

 

 

 

Zoning Manager Rick Enos stated three items have been withdrawn prior to this evening; and those include Items VI.A.1, Hilltop Holdings, LLC and Mohan and Shereen Ramkissoon; VI.A.2, Andre K. Dubinski; and VI.B.7, Arthur E. Crowley. 

 

VI.A.1.  (Z0604104) Hilltop Holdings, LLC And Mohan And Shereen Ramkissoon’s request for change from AU to RU-1-11 on 19.5 acres, located on the north side of Main Street, east of US 1, which was recommended for approval by the Planning and Zoning Board, with the recommendation that the applicant meet with the East Mims Progressive Civic League and the Mims Community Group before the August 3, 2006 meeting.  Withdrawn.

 

 

VI.A.2.  (NMI70401)  Andre K. Dubinski’s request for change from AU to RR-1 on 19.68 acres, located on the east side of Judson Road, north of Chase Hammock Road, which was recommended for denial by North Merritt Island Dependent Special District Board.  Withdrawn by applicant.

 

 

VI.B.7.  (PSJ70701)  Arthur E. Crowley’s request for a Small Scale Plan Amendment (07S.13) to change the Future Land Use designation from Residential 8 directive to Community Commercial, and change from GU to BU-1 on 0.26 acre, located on the south side of Kings Highway, west of U.S. 1, which was recommended for denial of Small Scale Plan Amendment and approval as RP by the Port St. John Dependent Special District Board, and tabled to August 20, 2007 by the Local Planning Agency.  Withdrawn by applicant.

 

 

Mr. Enos stated there are three items for which requests have been received from applicants or surrounding neighborhood representatives to table; all are requested to be tabled to October 4, 2007; and those include VI.B.6, Parrish Holder Land Corporation; VI.B.12, Linda K. Reel and Steven G. Anderson; and VI.B.15, Ronald D. and Norma D. Levy and Casabella Development, LLC.   

 

Commissioner Nelson advised it has been requested that Item VI.B.12 be tabled to November 1, 2007.   

 

Vice Chairperson Scarborough stated there are some people interested in the items; and inquired if there are any comments regarding tabling of the items; and no response was heard. 

 

Item VI.B.6.  (Z0707101)  Parrish Holder Land Corporation’s request for change from GU to RU-1-9 on 40 acres, located on the north side of Parrish Road, east of Holder Road, which was recommended for approval by the Planning and Zoning Board as RU-1-13, as amended by the applicant, with a Binding Development Plan that limits the overall density to 2.89 units per acre, and a maximum of 120 lots and recommendation for the applicants to meet with the residents in the area prior to the Board of County Commissioners meeting. 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to table Item VI.B.6 to the October 4, 2007 Board of County Commissioners meeting.  Motion carried and ordered unanimously. 

 

 

Item VI.B.12.  (NMI70801)  Linda K. Reel and Steven G. Anderson’s request for change from AU to RR-1 on 13.52 acres, located on the east side of North Tropical Trail, north of Grant Road, which was recommended by the North Merritt Island Dependent Special District Board for denial. 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to table Item VI.B.12 to the November 1, 2007 Board of County Commissioners meeting.  Motion carried and ordered unanimously. 

 

 

Item VI.B.15.  (Z0708403)  Ronald D. and Norma D. Levy and Casabella Development, LLC’s request for a Small Scale Plan Amendment (07S.15) to change the Future Land Use designation from Neighborhood Commercial to Community Commercial and from BU-1-A and RU-1-11 to BU-1 on 6.35 acres, located on the west side of Wickham Road, north of Casabella Place, which was recommended by the LPA and the Planning and Zoning Board for denial. 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to table Item VI.B.15 to the October 4, 2007 Board of County Commissioners meeting.  Motion carried and ordered unanimously. 

 

 

*Commissioner Voltz’s and Commissioner Colon’s presence were noted at this time. 

 

 

 

Item VI.B.1. (Z0706201)  Friendship Primitive Baptist Church, Inc.’s request for change from TR-1, AU, and RR-1 to IN(L) on 5.0 acres, located on the north side of Pluckebaum Road, east of Burnett Road, which was recommended for approval by the Planning and Zoning Board. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve Item VI.B.1 as recommended.  Motion carried and ordered unanimously. 

 

VI.B.3. (Z0705204) – William P. Taylor’s request for change from GU to AU, on 5 acres, located on the west side of Friday Road, south of Rector Road, which was recommended for approval by the Planning and Zoning Board. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve Item VI.B.3 as recommended.  Motion carried and ordered unanimously.

 

 

Item VI.B.4.  (Z0705205)  William P. Taylor’s request for change from GU to RR-1 on 1.35 acres, located on the west side of Friday Road, south of Rector Road, which was recommended for approval by the Planning and Zoning Board. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve Item VI.B.4 as recommended.  Motion carried and ordered unanimously.

 

 

Item VI.B.5. (Z0705206)  William P. Taylor’s request for change from GU to RR-1, on 1.37 acres, located on the west side of Friday Road, south of Rector Road, which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve Item VI.B.5 as recommended.  Motion carried and ordered unanimously.

 

 

Item VI.B.8. (Z0707501)  Stephen R. & Rosann E. Meyer’s request for change from TR-1 to RR-1, on 1.02 acres, located on the south side of Henry Avenue, west of Minton Road, which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve Item VI.B.8 as recommended.  Motion carried and ordered unanimously.

 

 

Item VI.B.9.  (Z0705203)  Cocoa Free Will Baptist Church, Inc.’s requests for a Small Scale Plan Amendment (07S.10) to change the Future Land Use designation from Residential 1 to Residential 4, and change from RR-1 to IN-L, on 4.49 acres, located on the northwest side of State Road 524, east of Friday Road, which was recommended for approval by the LPA and the Planning and Zoning Board.

 

Vice Chairperson Scarborough stated he had a question concerning the Comprehensive Plan.  Mr. Enos advised there was a Comprehensive Plan density increase from Residential 1 to Residential 4; and although there was no public objection at the Planning and Zoning Board meeting, the P&Z Board discussed it.  Commissioner Nelson inquired if it is conditional to the use as a church; with Mr. Enos responding the institutional use zoning classification would be just for a church.   

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve Item VI.B.9 as recommended 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 2007, 07S.10, to the Future Land Use Map of the Comprehensive Plan; amending Section 62-501 entitled Contents of the Plan; specifically amending Section 62-501 entitled, 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.10. (Z0708201)  Harbortown Marina-Canaveral, LTD.’s request for a Conditional Use Permit for Alcoholic Beverages for On-Premises Consumption in a PIP zoning classification on 22.73 acres, located on the north side of Harbortown Drive, west of Banana River Drive, which was recommended for approval by the Planning and Zoning Board. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve Item VI.B.10 as recommended.  Motion carried and ordered unanimously.

VI.B.11. (Z0708202) Merritt Island Associates’ request for Conditional Use Permit for Alcoholic Beverages for On-Premises Consumption in a BU-2 zoning classification on 3.0 acres, located on the south side of Merritt Island Causeway, west of Plumosa Street, which was recommended for approval by the Planning and Zoning Board. 

 

Commissioner Nelson stated he would like it to be conditional for restaurant use only.  Vice Chairperson Scarborough stated that can be included as part of the motion. 

 

Discussion ensued on imposing a BDP limiting the use to a restaurant or adding a condition to the CUP without a BDP. 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve Item VI.B.11 limited to restaurant use only.  Motion carried and ordered unanimously.    

 

 

Item VI.B.13. (Z0708401)  Charles Boyd Developers, Inc.’s request for a Small Scale Plan Amendment (07S.14) to change the Future Land Use designation from Residential 6 to Community Commercial, and change from RU-2-6 to BU-1 with a Conditional Use Permit for a Commercial/Recreational Marina on 3.01 acres +/-, located on the east side of U.S. 1, south of Allen Hill Avenue, which was recommended for approval by the Planning and Zoning Board and the LPA. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve Item VI.B.13 as recommended 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 Fourteenth Small Scale Plan Amendment of 2007, 07S.14, to the Future Land Use Map of the Comprehensive Plan; amending Section 62-501 entitled Contents of the Plan; specifically amending Section 62-501 entitled, 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.14. (Z0708402) Warren C. & Judith R. Edwards’ request for change from EA to RP, on 0.646 acre, located on east side of U.S. 1, south of Ansin Road, which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve Item VI.B.14 as recommended.  Motion carried and ordered unanimously.

 

 

Item VI.B.16. (Z0708101) Vincent & Emelia Napoli’s request for change from GU to AU, on 1.04 acres, located on the east side of Knoxville Avenue, south of Chica Street, which was recommended for approval by the Planning and Zoning Board. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve Item VI.B.16 as recommended.  Motion carried and ordered unanimously.

Item VI.B.17. (Z0708102) Burnie E. & Lorella S. Whitten’s request for change from BU-1 to BU-2, on 0.67 acre, located on the west side of U.S. 1, south of Kelly Road, which was recommended for approval by the Planning and Zoning Board. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve Item VI.B.17 as recommended.  Motion carried and ordered unanimously.

 

 

Item VI.B.18. (Z0708103) Dale & Susan M. Landfried’s request for change from GU to AU, on 2.0 acres, located on the south side of JD’s Place, east of SR 528, which was recommended for approval by the Planning and Zoning Board. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve Item VI.B.18 as recommended.  Motion carried and ordered unanimously.

 

 

Item VI.B.19. (Z0708104) Jessenia Reyes’ request for change from GU to AU, on 1.02 acres, located on the northeast corner of Canaveral Groves Boulevard and Alan Shepard Avenue, which was recommended for approval by the Planning and Zoning Board. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve Item VI.B.19 as recommended.  Motion carried and ordered unanimously.

 

 

Item VI.B.20.  (Z0705103) Robert and Paula Lounsbury; Blaine Lounsbury and Megan Lounsbury’s request for change from AU to SR, on 20 acres, located on the northwest corner of Wild Turkey Road and Ford Road, which was recommended for approval as RR-1 by the Planning and Zoning Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve Item VI.B.20 as recommended.  Motion carried and ordered unanimously.

Item VI.B.21. (SPE70801) McNab & McNab of Viera, Inc.’s request for Conditional Use Permit for Alcoholic Beverages for On-Premises Consumption in a TU-2  zone (1.46 acres), located at the southern terminus of Sheriff Drive, south of Wickham Road, which was recommended for approval by the Planning and Zoning Board. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve Item VI.B.21 as recommended.  Motion carried and ordered unanimously.

 

 

Item VI.B.2.  (Z0703102)  Jesse A. Atkins And Frances T. Atkins’ request for Small Scale Plan Amendment (07S.6) to change the Future Land Use from Residential 4 to Community Commercial, and change from GU to BU-1, on 0.43 acre, located on the east side of Grissom Parkway, opposite and north of Port St. John Road, which was recommended by the LPA and Planning and Zoning Board for denial.

 

Jay Jasperson stated he is the applicant; and submitted information to the Board.  He stated he submitted a picture of a unit he has in Cape Canaveral so the Board can get a visual of the building he wants to do.  He stated the business is an ice vending business; it is open 24 hours a day, seven days a week; and it sells 20 pounds of ice for $1.50, so it is a great value for the consumers.  He stated the building is pre-manufactured, State approved, and built to withstand a 150 mph wind load; there are additions that he made to make the appearance better; and he is looking to put this on a property on the east side of Grissom Parkway.  He stated it is a small parcel; a portion of the property was taken when Grissom Parkway was built; it is at the intersection of Port St. John Parkway and Grissom Parkway; and he understands that the P&Z Board did not want to introduce commercial zonings to the east side of Grissom Parkway.  He stated the surrounding property is State-owned property; the frontage on Grissom Parkway is State and Brevard County-owned properties; there are a few parcels further to the east that are owned by individuals, but they are landlocked, with the only access being platted roads that are too small to be developed; and he does not see this zoning creating a floodgate of applications for rezoning.  He stated the use is of very low intensity; it averages 100 vends per day; a lot of those are multiples, so there may only be an average of 50 customers a day; and it will not have a high traffic count.  He stated it is designed to be clean; it is maintained regularly; and it will be an attractive building, and attractively landscaped. 

 

Maureen Rupe stated the property is opposite Port St. John Parkway; on the east side the properties that are State and County-owned are conservation areas; and the sporadic pieces that are in between are being looked at by the EEL Program.  She stated they do not want BU-1 in the middle of conservation areas; BU-1 is not compatible with this area; and it will set a bad precedent.  She stated Parrish Medical Center has paid $27 million for its new facility; this comes right up to Grissom Parkway; and the Small Area Plan that is not finished yet looks for quality commercial down Port St. John Parkway.  She stated the LPA unanimously recommended denial; and requested the Board deny this item. 

 

Mr. Jasperson stated this property is not owned by the State; the owners have paid taxes on this property; and there is no other use for it.  He stated his desire is to put a 200 square-foot
building on the property; he already has variances for the size of the building; it is a low intense use; it is a quality machine; and it will service two communities, Port St. John and Canaveral Groves.  Mr. Jasperson stated it will be retail sales; and he cannot believe there will not be retail sales in this area. 

 

Commissioner Scarborough stated the maps do not show the new Parrish Medical Center there; but it is a beautiful facility that sits directly there.  He stated the whole idea of Grissom is not to have it become clogged with a lot of commercial where people have to get on and off the road; curb cuts create turbulence in traffic, slowing it down; and if this is to be built in that area, he would suggest as different commercial properties come into fruition, that it not be a stand alone on one of the major roads to move traffic.  He stated when he was elected to the Board, the idea was that U.S. 1 was going to be six-laned; Grissom Parkway was built to carry some of that traffic; this is right where there is an interchange with I-95; it is a critical point; and if it starts to be fragmented with small type commercial, it will set  a precedent that will destroy the capacity of the road to carry traffic and the capacity to congregate the commercial in clusters where there can be one curb cut. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Bolin, to deny Item VI.B.2 as recommended.

 

 

Commissioner Voltz stated she is looking at the map; there is a small piece that is less than half an acre; and if the Board does not do something that allows the owner to do something with it, then someone needs to purchase the property.  She stated this is a low intensity use; it is better than putting a gas station or 7-Eleven there; the State of Florida owns the majority of the land to the north, south, and east of the property; and they certainly cannot put residential there, which is what it is zoned for now.  She stated it is nonconforming so the owner is not going to be able to do anything with the property; and if the Board does not let him do something on the property, the County or somebody needs to buy the property.  She inquired if they want to have a gas station there. 

 

Commissioner Scarborough stated maybe they do not want to have a gas station or a recycling facility; there are a lot of things people may not want to have there; but the idea is whether to put small retail components along a major corridor that was built to alleviate the cost of constructing roads, and if they do, would it create a precedent.  He stated there are two things that could happen; one is the clustering of purchases either by the EEL acquisitions or by private developers; either way there will be clustering, an ability to have singular curb cuts, and ability to put units like this into it.  He advised of the opening of Home Depot, Target, Marshalls, and whole litany of things in Titusville; and stated the whole thing was structured as a whole component part.  He stated further north on Grissom Parkway, the Board just recently approved the transportation plan; how people got in and out of parcels was critical; and if they do not preserve the major arterials, they will end up with slower traffic and will not have the development that could occur.  He stated what is proposed is probably very much needed and can be used by the communities, but it needs to be a component part in a gas station location or

shopping center.  He stated this is not the right place to put a marginal operation at the intersection where people are coming on and off of I-95.

 

Commissioner Voltz stated she is wondering if the Board wants to have a gas station there.  Commissioner Scarborough responded no, but the only other alternative is not a gas station, but everything else; and how it occurs needs to be the clustering design.  Commissioner Voltz stated there would be one curb cut for whatever goes in there.  Commissioner Scarborough stated he goes back to the whole litany of stores in Titusville; they have just certain key intersections where they come in; they did the same thing on Grissom Parkway to the north of Port St. John; and there was a lot of discussion on how to get in and out.  He stated there are places where one goes from one curb cut to the next; and it destroys it.  He stated there is a small area plan going on right now; this is exactly what is not wanted; and there are multiple discussions and multiple projects going on there.  He stated there are prior small area plans, new small area plans, and a unanimous vote by the P&Z Board to recommend denial, so he is failing to see any logic in breaking with everything that has been done in all those years.  Commissioner Voltz stated she understands what Commissioner Scarborough is saying; but inquired what can be done with this property.  She stated if the State of Florida owns all that property, there are not going to be any more curb cuts in the area; and commented on the roads and access to the applicant’s property from Grissom Parkway.  She stated she understands where Commissioner Scarborough is coming from, but she is also thinking of the applicant’s property rights and what he can do with the property if the Board is not going to let him do anything.  She advised he certainly will not want to build a home on the property.

 

Commissioner Scarborough stated what Commissioner Voltz is giving him are things that are not acceptable; everybody else has had to do certain work to cluster; and he is not saying it was easy to purchase all the property that made some of the other things work; these things do not necessarily work in an easy manner; and just because it is not easy for the developer, if the Board says okay, it has basically gone against years of thought on how Grissom Parkway should be developed.  Commissioner Voltz stated she is not concerned about the developer; but in looking at this parcel, there is no way to cluster with anybody else anywhere around him under any circumstances because the State owns the majority of the property; and she is going to vote against the motion because something has to happen with the property.  She stated it is not up to the Board to decide what the owner can do; it is not up to the Board to make sure that the owner makes a good deal on the property; however, as government, the Board needs to be sure that someone has use of their property for something. 

 

Commissioner Bolin seconded the motion. 

 

 

Commissioner Scarborough stated when somebody buys a piece of property, it does not necessarily mean they can use that piece of property; there are certain properties that are so marginal that they cannot be used; and the idea that every piece of property has to be made to be usable would allow s a piece of property ten feet by ten feet to be utilized.  He stated the Board has a responsibility to the property owner; but it also has a responsibility to keep the roadways from deteriorating; and once they go to Grissom and break with this, they have set something that is contrary to years of discussion and they will have to have an entirely new
Comprehensive Plan discussion.  Commissioner Scarborough stated they have opened the West Connector, and all those same issues will move over there; and they can do it, but he does not think that is the direction they should go. 

 

Commissioner Voltz stated she is not saying the Board should support this going in; and inquired if she heard that Mr. Jasperson is not the owner of the property; with Mr. Jasperson responding that is correct. 

 

Commissioner Nelson stated the Board does not know how this property transferred or if the owner owned the property next to it, sold it, and hung onto a piece of it; and the owner is in an enviable position in that there is a market if he wants to sell the property to the State.  He noted he is sure the State would buy the property because it is trying to acquire it; but Commissioner Scarborough’s argument is very strong in that the curb cuts are going to impact the flow of traffic.  He stated he would love to see Mr. Jasperson get what he wants, but he does not think this is the place for it, and he will not support. 

 

Chairperson Colon stated it is really hard when the Board denies something; and she wants to put on the record and explain to folks what the alternatives are if they disagree with the decision of the Board such as vested rights or something along those lines.  She commented on arrogance of government and zoning meetings being difficult.  She stated she totally supports the motion; but the people at home are wondering what the applicant can do with the property.  She stated the Board is not in the business of making anybody money; the Board is to protect folks; and inquired if it is almost like an eminent domain situation.  She stated it is very uncomfortable when somebody has a piece of property and the Board goes, who cares, it is just going to keep going ahead.  She stated she is not saying that is the case; but those are some of the questions that people are asking in terms of what happens with a case like that. 

 

Assistant County Attorney Christine Lepore stated she wants to address that in two ways; in general if an applicant is not satisfied with the decision of the Board, it is a quasi-judicial proceeding, so they can seek a writ of certiorari through the Circuit Court to challenge whether the Board’s decision was based on competent and substantial evidence.  She stated what the Board is trying to determine in this proceeding is whether the request is consistent with the Comprehensive Plan and compatible with the surrounding area; it had some of that discussion; and some questions that come to her mind about this particular property are whether it was part of the land acquisition process for Grissom Parkway.  She stated Mr. Jasperson may have a contract on the property, but he is not the owner; it may have been that these issues were already addressed in the acquisition process with a prior owner; if it was taken, it would have been a partial take; and damages would have been paid for the remainder.  She stated because of the small size of the remainder and the impact on the usability of the remainder because of the taking, if that is the case, somebody would have already been paid damages for the fact that they were left with an undersized piece of property, so she has some questions along those lines that address what happens now when they have a small piece and whether it is fair to grant them some usability.     

 

Chairperson Colon stated in that case it sounds like it goes back to being a civil issue where if someone was not fair to the applicant, it is between them.  Ms. Lepore stated a prior owner may have already been compensated for the fact that the remainder was left undersized; and in that case, if it is not compatible with the surrounding area, it is just not compatible with the surrounding area.  Chairperson Colon stated she wanted to make sure that was a bit more clear because people watching on television will be asking why the Board is doing this; and there is more to it than what they are watching. 

 

Commissioner Voltz stated after Mr. Jasperson’s statement that he does not own the property and after what Ms. Lepore said, she will support the motion. 

 

Chairperson Colon called for a vote on the motion to deny Item VI.B.2.  Motion carried and ordered unanimously.    

 

 

 

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

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution proclaiming the fourth Monday in September as National Family Day – A Day to Eat Dinner with Your Children.  Motion carried and ordered unanimously. 

 

 

 

Commissioner Bolin stated there was a very nice unveiling of the mural in the building.  Commissioner Nelson stated the mural is about sixteen feet long; it was used for land sales from the 1920’s; and it shows Cocoa Beach, looking across two rivers.  He stated it was a great job of restoration by the Historical Commission.

 

 

 

 

 

 

 

 

 

 

 

 

 

Upon motion and vote, the meeting was adjourned at 5:50 p.m.

 

 

                                                                        _____________________________________

JACKIE COLON, CHAIRPERSON

                                                                        BOARD OF COUNTY COMMISSIONERS

ATTEST:                                                         BREVARD COUNTY, FLORIDA

 

 

 

_____________________

SCOTT ELLIS, CLERK

   

          (S E A L)