Board of County Commissioners - Regular Meeting

Board of County Commissioners acts as a quasi judicial body when it hears requests for rezoning and conditional use permits. Applicants must provide competent, substantial evidence establishing facts or expert witness opinion testimony showing that the request meets the zoning code and 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 commission er 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 identity 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 fifteen minutes to present their request unless time extended by majority vote of the board. The applicant may reserve any portion of the fifteen 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.

Okay. Thank you. Our invocation today will be delivered by the reverend David Young from Saint Paul's Lutheran Church.

Good evening. Heavenly father, we gather today as leaders of Brevard County seeking guidance and wisdom. Grant us open minds willing to listen and consider diverse perspectives. May our discussions be productive, respectful, and focused on the well-being of our community. Help us prioritize the needs of sure we committed do ir to

lives.

And we

And have to to

Amen. Amen. Thank you, that. Reverend Young. The

And

pledge allegiance today will be led by

commissioner Feltner. Please join me in the pledge.

Okay. We have no minutes and no resolutions. The first item on the agenda is the consent agenda. Is there anything that anyone wishes to remove from consent? Do we have cards?

We do have one card.

And

then we have the

applicant card. Okay. Gregory McCluskey has a card. Do you wish to speak?

Courtney and Pioneer or is this the one that will buy them off? The request.

Commission Feltner.

Sir, I I I think Morris could probably better answer that, but this is the findings of fact on the

sent it back

to the zone.

When I say the zoning meeting, mean the commission zoning meeting, not the one that was sent back. This is not related to the one that was sent back that's a pioneer and Courtney. This is the other one in North Merritt Island. Actually, there are two findings of facts on the agenda, but the North Merritt Island one is the one that was heard by the board of county commissioners last month and denied. Okay.

Can you tell me when the other one is supposed to be scheduled to get set back?

Sure. Sure. It's the the next the next time that is heard is at the planning and zoning board, which is an advisory board, and that is going to be on March 16 at 3PM, and then it will come back to the expected to come back to the board of county commissioners at its April 2 meeting at 5PM. So those are the two public hearings.

And

I I do just wanna point out for the board and the clerk that it was brought to my attention by attorney Rizenko who's coming up now that on the strata item item f two, the resolution findings of fact that there is a record submitted that apparently was cut off in the agenda packet. The record consists of an excess of 300 pages. Unfortunately, the the portion attached to the agenda looks like it cut off at pay at page a 126 or r 126, I believe. So we're gonna provide the full version for the record for the clerk and we'll transmit that to attorney Rizenka as well. I'm not sure what happened with the upload there.

Can can I ask a technical question real quick? Do we need to do the company's and

company's to participate by phone. All in favor, aye. Aye. Motion carries.

I did submit a card for f two.

Yes. You did. Okay. Thanks.

Kim Rozanka, Lacey Rozenka, Melbourne, Florida here on behalf of Strata Development and Miranda, the contract purchaser. I don't have any comments regarding the statement of the case on the facts actual final order, but I would like to ask you to postpone this until I can get a hold of the entire record. As mentioned, it I saw it cut off at page one twenty four or one twenty five, and it goes in excess of 300 pages. Additionally, I would ask that you put the adopted board of directors. And of of and instead of draft minutes. Thank you.

I have some concern about extending it because of our timeline in which to finally take action on a development permit application, but if attorney Rizenko would state for the

that's good point.

I

typical for what we do

with findings of fact just because that's those tend to trail but

Well, it's been a month. I would think they'd be adopted if if they haven't already, at least the other two ones, at least North Merritt Island, PNC, I would think. But if not, I guess, I I would waive any requirement of adoption of a development or within a certain statutory time frame or ordinance time frame. Thank you.

Maybe we could get clarity from the clerk. Sorry. Typically, the the minutes are what? Two months? I think we're talking about the planning and zoning for the board of county.

Sets. Yeah.

There are three sets. The North Merritt Island board and the planning and zoning board, which staff handles, and then the board zoning meeting minutes, which court Yeah.

Realize the board of adjustment minutes.

Not board of I know. Right. But I just for you, just the board of county commissioner zoning meeting, our staff does the planning and zoning in North Merritt Island Board minutes.

Case. Case. And

transcript. It doesn't have to be adopted minutes per se. Se. Often Often minutes minutes aren't even verbatim, they're speaking minutes, so actually a transcript is generally preferable for something like finding a fact, but Okay. But I would stipulate to bringing this back next month based on the applicant's applicant's statement that they waive any time frames just so that the entire record can be in the agenda packet. Not sure what happened there again.

So just to clarify what we're talking. I'm sorry, mister chair. So for consent, we have f one. We could adopt that. And then for f two that we table that to the next month's zoning hearing. Is that is that what I'm

talking about? April 2. Yeah.

April 2. Mister

chair, how how would you like how would you like to do that? First of

let's go and pass the one item, the f one since there's no opposition. All those in favor well, let's remove f two off. Remove f one. There's a motion for approval. Is there a second? Second. All in favor signify by saying aye. Aye. K. We moved up to why are we tabling them? Just want us

to clarify that. Because the record that was attached to the agenda somehow in the electronic upload apparently got cut off at page one twenty six and there are a couple 100 more pages. We didn't realize it didn't make it into the packet. So the attorney Rizenka has requested. She stated that she has no issue with the form of the findings of factor order, but she would like to see the rest of the record prior to our adoption. That seems fair, especially since she, again, has waived her out on behalf of the applicant. Any challenge based on timelines to

Makes makes sense. Is that we need a motion to table? Please. And thank

you, sir, to the April 2 meeting.

I'll second. Motion to second the table to the April 2 meeting. All in favor, say aye. Aye. Motion carries unanimously. Aye. Thank you. Okay. Public comments. Do we have any public comment cards? We have no cards. New business. Excuse

me, sir. Did call in. Is

there a

public comment? We just

had public comments.

Comments. I put my card in. I said number t. This is my number g.

We have them on the second

Item g, public comments. There are two public comments. You can only speak at one. Mhmm. Maybe you filled out for the second one.

Okay. I think you wrote K, but I think you meant to say G. So you can speak now if you like.

My writing is a little not very good, sir. I'm sorry.

That's a really neat looking k.

It's a G, sir.

You can look at it if you like.

I think the the main

Excuse me, sir. You can

look at if you like.

I III

It looks like it it's a k. It's a very good right.

Person in the back there?

Well, let me let me see.

Scratched out my g. As you can see, I put the k there. Do not know why it looks like

We were looking here. Look at here.

Excuse me, sir?

See, we were looking at the k there. I was

but even my my g was scratched out by that person in

the back, and he know

k. Okay.

That is arrogant. But but

Well, probably saw the k in the last problem, not my problem. Yeah. Okay.

But it is different because

that's right.

Hear you. We hear you. Okey dokey.

As I wrote on there, I'm here to speak about the budget. I am very concerned about the ballooning budget of our county. It seemed it does not just it didn't start today. It started a long time ago, or maybe it's been going on forever. But I I stated at previous meetings the numbers.

So this week or last week, I was watching your YouTube channel and I saw a video about the traffic management center groundbreaking ceremony. There were a few people. There was a lady, I didn't write down her name, tall lady blonde hair, and some I don't know long acronym, the organization that she represented. Then there was mister mister Reelfield. I think you were reading a a speech from mister Altman who wasn't there, and then there was mister Mark who basically said what this building was for, and the building is so there's a central located place where data, people there's a lot of corporate talk, but basically all the video cameras that's all over our county will lead to this central place and that's why this is there.

And I was thinking, wow, it's the CIA of this county and that chilled my spine, to be honest. But any case, then mister John Denninghof came up. I believe he's the retired assistant county manager for a historical perspective, and he said it started in 2003. So 2003, the county was looking at the expansion of people moving into the county and more cars and stuff. And,

you know, you would think

that you would buy build more roads and bridges, and the county said, no, we're not gonna do that because that's too expensive. What we're going to

do is we're going to make a make a what do you call it? They said it the intelligent traffic system.

There's been there's been fiber optic cables laid and cameras obviously put all over on the buses like I said last time and all that stuff.

And I'm thinking, wow, Twenty three years. Twenty three years. We're wasting money on these things, and we could have built many roads and bridges. And I I I just don't get that. It's it it it it I I'm a simple man, but it makes it makes no sense to me. Why do we do these things? And every year, the budget goes up six, seven, eight, ten, 12% every year. And I've been looking at all the different departments. Everybody is as financially irresponsible as the next one. You can't even point the finger and say, this one or that one?

But I can't point a finger at you people up there up there, commissioners. You are here to represent me and all the people here. I don't know. You think they do you guys want more bridges or more cameras? I don't know. I think they would want more more bridges than roads.

But I wonder if honestly, I wonder if you guys actually care about that. I know it sounds so bad to ask you to say it, but

I don't wanna be asked. I want us to do better. I want us to be financially responsible. Like, I have to be like everybody else have to be here. I'm sure at home you guys are responsible financially. How why can't we do it just on a bigger scale? Why don't we just for a few years say no? We're not gonna increase the budget. A 140% in the last ten years. A 140. If you adjust for inflation, a 117%.

All while the population grew by one eight 18%.

I would ask you to consider, please, this year to say, let's keep the budget where it is. Let's do it for one year. Let's get

by with what we have.

That's my suggestion. I that's all I

have tonight. Thank you for your time. I appreciate it.

Thank you for your input. K. We'll move to item h, public hearings, h one.

Item h one is Princeton Technology LLC request a conditional use of CUP for a four cop full liquor beer and wine license for on premises consumption accessory to a bar in a b U 1 zoning classification under application 25Z0044 located in District 1.

Go ahead.

Hello. Thank you for listening to me. My name is Sachin Shanoi and I am the operator of this particular establishment. We are asking for a conditional permit related to our business only. We do have a full liquor license and we will comply with all regulations. The zoning and planning commission has seen our plans and appropriately has given us permission to do so. And we would like you to codify it. Thank you.

Thank you. We have no cards. Is there any discussion?

I would like to make a motion to approve with an additional condition that the CUP is acceptable only to establishments operated by CNS Restaurants Inc.

Is I'll I'll second that if that's what you're That is acceptable, docus. Okay. I'll second that.

There's a motion accepted in the applicant accepts that that contingency. All those in favor say aye.

Aye.

Opposed carries unanimously. Thank you.

Thank you so much, everyone.

Thank you for your time.

Next is Space Walk Groves Inc.

Space Walk Groves Inc. Being represented by Ken Rizenka request the CUP conditional use permit for land alteration under own.

The the slide. Then

And not if not if

if

you. Aye.

That was my card. Okay.

Okay. So we have no unfinished business, no new business. We have second public comment, item k this time. We have no cars from item k. Okay. Board reports. County manager?

No report, mister chair.

County attorney? No report, sir. Commissioner one?

Thank you. I just have a short one. About a year ago when one of our hospitals was shut down, our community had to come together and figure out how we were going to give people access to health care. And there was, the Space Coast Health Foundation pulled together a group of all the different, entities, the collaborative, and they worked together extremely well to make sure that, you know, people had access to health care. And I just wanted to mention that that today was our final meeting, And there's going to continue to be a roundtable of the CEOs of the hospitals just so that they can continue collaborating moving forward, but it it's just a good a good day to be on the other side of that.

And I just wanna say well done to

everybody. Fantastic. District 2. Commissioner Goodson.

No report. No

And

we'll slide. The slide. And

And

ago. We did meet go with officials in Washington, the US Department of Transportation, the rail depart the department of railroads, senator Scott, senator Moody, congressman Herodopoulos. Meetings were very positive. We were there with city of Coco and the Brevard County TPO. Our application, I think, is very strong.

Although at first, there was a and the big beautiful bill, I think it was on $5,000,000,000 appropriate for rail projects, and there was a shortage of applicants. Now there's more applicants for that pot of money than there is money. So it's a little more competitive, and we're just gonna wait and see, and we're hoping that we will get some news perhaps this summer, maybe June, where they'll do some initial review of the projects. So really appreciate this board and their support for Brightline. And that's the only report I have. Okay. Meeting is concluded. Meeting adjourned.

Thank you.