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 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 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 is 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. I'd like to first call on pastor Jeremy Kopek, Faith Baptist Church to lead us in the invocation.

Thank you. Thank you. It's a privilege to be here. Let's bow our heads, please. Dear God in heaven and father, we thank you so much for calling us together this evening. We ask your blessings upon this meeting. I pray that you'd bless these men and these women, Lord, who have come to do your business. We pray that you will help us this evening that will be a blessing to this to this town to this this county. We thank you for Brevard County. Father, we pray that you'll help us to do good work here that will resonate in this place that our children and grandchildren will come behind us and declare that we did good things here that we did hard things here.

May we have courage to do right things. I pray that your fear would be in our minds and your wisdom would be in our hearts. Lord, give us mercy and grace this evening so that we can work together. More than anything, Lord, it's on our minds and our hearts right now what Jesus has done as he came to be our savior and we thank you for him. We thank you for the cross. We thank you for the hope of eternal life and the resurrection of Jesus Christ. So please turn all of our hearts to yourself. I pray, dear father, and to your son, Jesus. It's in his name we pray. Amen. Amen.

Amen. Thank you.

K. Please stand for the pledge. Okay. Miss mister chair? Yes. I I didn't wanna forget. I'd like to make a motion to allow commissioner Goodson to participate by phone.

I'd like to second second the motion.

A motion and a second to allow commissioner Goodson to attend by phone and he's on the phone with us. All in favor say aye. Aye. Motion carries unanimously. Okay.

First item on the agenda is the consent agenda. The entire consent agenda will be passed in one motion to include anything under section f. Are there any items to be removed from the consent or any cards that we have on the consent?

We have no cards.

No cards. Okay. A motion would be in order.

So moved.

I'll second. Motion second on the consent agenda. All in favor, aye. Aye. Motion carries. Motion carries unanimous unanimously. Okay. The next part of our agenda is the public comment portion of the the agenda. Now members can only speak we have two public agenda sections. Members cannot speak on under both. One or the other. Do we have

any cards?

No No cards for this section of public agenda. Item h one, I'd like to have the staff read that into the record. Item. Before we do that, I'm sorry. I think we do have an item that that has a lot of people here that may be tabled. Do you wanna speak to that first?

Mister chairman, we received a request from Kim Rozenka who represents Merit Bidco. That's under item h three application 25 Z00054. She requested on behalf of her client for continuance. The next meeting would be May 7. She's she's requested the continuance to to potentially amend look at amendments to the application to include more area and other potential amendments.

So Okay. Bill Billy? Yes. I have a question. Matter of fact, two of them. One one would be does it go back to planning and zoning?

Commissioner, not necessarily. Right we would the the answer to that would generally depend on what the amendments would be that come back from the applicant. I will just note that in this case, the statutory timelines for the six month, a hundred and eighty day timeline from when the application was complete would run-in mid May. So absent a waiver from the applicant, the board is required to take action on this item at its May 7 meeting, which is his last zoning meeting before those timelines expire.

Okay. Alright.

Is that for the reason that you probably have familiar Yes.

I have

a question.

Okay. Commission. Commission.

Thank you. I just for the sake of the public, can you explain, Billy, a little bit about if if the area got expanded, that could trigger this to all restart again. So either if we take up this item today and say the board decides to deny it, the applicant can come forward with a new plan with

substantial amendment, and it really just depends on what the the applicant changes with it, they would be able to make a new application immediately, I believe.

The the board could waive the six month period depending upon consideration of certain factors, and those factors include whether the new application constitutes a proposed zoning classification or conditional use of a different character. I mean, frankly, if the applicant was considering bringing in another property or doing question. Good think that's miss Rozanka, but I'm sure they would agree to a waiver of the one hundred and eighty day time limit if the request was granted.

Okay. Miss Rozanke.

Didn't know if mister. So I had a second.

I'd like to make a motion for for continuance.

And I will waive the hundred and eighty days. And I'll second it.

Okay. There's a motion in the second. Alright, commissioner Atkinson. Any discussion? All those in favor of the motion, signify by saying aye. Aye. Opposed? Aye. Motion carries unanimously. Okay.

If I could I'm sorry, mister chair. If I could just clarify for the record, so we don't have to re advertise, that was to the May 7 BOCC zoning meeting, 5PM.

Okay. We didn't want a note. Yes, Billy.

Yeah. K. Okay.

We wanted to get that And And And

slide. The applicant for that is looking we'll at maybe making some changes involving the acquisition of a property there at the corner. So they have asked for additional time to see if they're going to bring that property in or not. If they do, they may have to go through the whole application process and planning and zoning and back here again. They may not.

Right now, they're scheduled to come back. It was continued to this board's meeting on Tuesday, May 7. If they do something substantially different that makes it a new application, they won't be advertised for a meeting on May 7. It'll be at some time in the future, but that's that's not going to be heard

what the 10 say that when I spoke with

You you can. You can. It won't be considered part of the record for any appeal or any consideration of the item in the future, but absolutely you can talk for I mean, technically in public comments, because it's on the agenda, you're only supposed to speak to things that aren't on the agenda on public comment, but I'm sure since you're here, the board will hear you, but it won't be part of the official record on the item.

Yeah. We don't have any card under public appearance. May I, mister chair, respond to this?

I believe it's the medical building, but you'd have to ask ask the applicant. I believe it's the property at the North East Corner, but you'd have to speak to the applicant. I have a question

about that. If they acquire that property, are they going to be putting more units in?

I can't speak to that. We have no idea. Don't know. We won't know.

If they change it that substantially, would that still be allowed? I mean

If they did that, they'd have to start with the process all over. Okay.

So what is the

May 7 meeting for them?

That is just to say that they're getting the property

If if they don't change anything substantial, they'll come forward at May 7 with the application pretty much as it exists now. If they make any major changes, it will probably have to go through additional process, but we won't know that until they go back and and tell us what they're going to do. So right now, it's on the calendar for May 7 if nothing changes. If they make changes to what's substantial changes to what's

before substantial.

Yeah. What I'm my question.

Because this is our second

time I I

Mister chairman, yes. Yeah. Let's let him

answer that. Understand, folks. Obviously, anything that involves more units, for example, would be substantial.

Yeah. We'll just have to wait and see. Now I think this is the last time they would be able to have a continuance. Is that true? I mean Under

the statute. So the board can grant additional continuances. We have a time limitation, but as long as they're willing to waive it, it would be within the board's discretion. But because the public hearing is open, they're not automatically entitled to future tabling or continuances. But given the nature of the request this time, it's it's pretty significant because of the potential acquisition of that other property, and I think they wanna have meetings with the neighbors, and maybe there's some things they can do to make it more palatable. But

Okay. Okay.

Alright, folks. Alright. That's it. Understand. Thank you for coming out.

I appreciate the time you've come out, and hopefully, we'll see you on May 7. Okay. Alright. Let's move to

Just say one

Yes.

One Rakuten. If anybody does want to say anything, you just have to fill out a new card for general public comment. Okay.

Technically, it's not it's an item on the agenda that's been tabled. So alright. Let's go to h two. Actually, h one.

Item h one is s f t four LLC and mosque eighteen LLC being represented by Stephanie Harris. Request a CUP for alcoholic beverages for on premises consumption in conjunction with a tiki bar in SR zoning classification under application 25Z00060 located in District 3.

Mister chair, I make a motion to approve. I'll second.

There's a motion to approve and a second. All in favor say aye. Aye. Motion carries. Aye. Motion carries unanimous unanimously. H three. Mister chair. I mean,

h two. Mister chair, I'm sorry. I I I forgot to say that planning and zoning board recommended a condition for approval. That condition was hours of operation from one to 6PM for serving alcohol. So that should be considered with your with your motion.

I would like to not have it part of my motion. Thank you.

That's on the agenda.

Still second that? Yes. Okay.

Alright. So it's not a part of the motion and the second there of that motion concurs with that as well. So

Yep. Alright.

We're good. H two.

H two. Ambiwith LLC being represented by mister Yvette Roll, Everett Roll, request a change in zoning classification from AU to RU dash one dash 11 under application 25Z00063. This is located in District 1. They also wanted to say for the record that the staff report said that miss Rowe need to get a variance to make this work. The the the division of three.

That is not true. There is a survey in the packet that shows the division of the into three so it will fit and meet the RU one eleven.

Were there oh, sorry.

Go ahead.

Go ahead. Were there any recommendations from PNC?

No. They recommend an approval. Okay.

With that, I'd like to make a motion to approve.

I'll second.

Motion and second. We do have a card for Everett Roll. All those in favor, aye. Aye. Opposed? Carriage unanimous. Thank you, Everett.

Thank you.

Okay. That's the last item.

Mister chairman? Yes. Would you mind if I address quickly the the folks who seem to stay for Merritt Island Bidco to talk about it? Because so we have a quasi judicial hearing process. In that process, both sides are involved.

The applicant is no longer here. There's a public hearing that was advertised. If you speak on that item that's on the agenda, which our public comment is supposed to be for items that are not on the agenda, I'm gonna have to caution the board that they can't consider that in any future actions on the property. If they ever deny an application associated with the property and there's an appeal by the other side, they may very well use the participation tonight during public comment as a grounds to try to challenge any action the board takes. So I would strongly caution against speaking to that item, come back and speak during a public hearing on the item.

That's the only way anything you say can be considered with regard to the application on the item. And those those are the rules of the hearing. I I can't tell you what you say during your public comment, but there are there are problems associated with it if you do it outside of our public hearing process. But it's been continued to May 7. That is the public hearing right now. That was where the board continued it to and there'll be an if that's changed, there will be an advertisement. Absolutely. Absolutely. Yes.

For the folks that have the card, if we have their cards, if they write their email address, we can get with with Billy and and we can have him reach out to you if there's any notice of change and also identify when the planning meeting would be the planning and zoning board, LPA, if that would be necessary as well and when that would occur.

Do we have the

email addresses on this?

They're not on these cards, but they could give it as they leave. Yeah.

If you could if Do you all get do you all get emails from the North Merritt Island Homeowners Association? Or

Well, that's just not the information.

Can we get our card back? Okay.

Okay.

That, I believe.

Okay. Let's hear the one public comment that we have that's not a part of the zoning, and we'll have staff get these cards back so we can keep you informed. We don't want you to speak and kind of Jeopardize. Jeopardize your position. Okay. Sorry. Excuse me. Gerhard class Klassen? Good

evening, commissioners. How much time do I get? Three minutes. Good evening. I have to say I was a little surprised tonight. You guys really impressed me. Mister Morrison Morris, you you miss sorry. Mister Richardson, you you did a great job. I mean, I I know you don't need my validation, but really great job explaining to the people the the the the legal the legal thing behind the whole the the whole action. So well done. And and missus missus Adkins miss Adkinson, great job on on the on the alcohol application. Nothing to do with me, but great job on that. I may have to speak about the budget. You guys have a tough job standing up against bureaucracy. It's very, very hard.

It's nearly impossible because it's like fighting dough. It just keeps coming. Okay? Now I I looked at I looked at the budget for last year and I looked at the reason given for one of the biggest I think the biggest department one of the biggest departments we have other than a capital expenditure is is the sheriff department because they had a big department, very important department. So last year, they were arguing that you guys need to give them more money because their their their payers stayed back, stayed behind the rest of the people.

And they used interesting, very convincing figures for that. They started off by saying that in 2024, you know, they were at a certain place, and then in 2025, they ended up at another place. But basically, what the senate department should say, they moved from being up here to, like, way down here in the rankings. And because of that, they needed to get an increase. But that rankings are only the starting pay.

Now the starting pay is one thing. What you have to look at is what what are people actually getting because it's when you look at the starting pay it's like 50,000. Wow, that's not lot of money. I paid myself last year 5,000 $59,208. It's not lot of money. You can't I live on savings. So 50,000 is not a lot of money. I understand that. You feel sorry for the guy. But guys, after when everything was said and done, the budget but but we passed allotted a $112,000 per person in that department.

A $112,000 for compensation. Now that's a lot of money. That's not a poor person anymore. And then we gave them a 9% increase. If you guys need help, guys I'm not I'm not an expert. I'm just a small businessman, but I've run businesses most of my life and looking at the numbers and so it's really important. If you guys need help, there's people that can help you to just look at what they say because they use statistics to make their point and any lawyer can do that. But that's not the real reality. Sorry. I'm over the time.

Thank you for your time. I really appreciate you guys, and I mean it. I I I want us to be successful. And to be successful, we've gotta stop spending money just because they say we should. Thank you. Thank you.

Thank you for your for your input. Okay. We will go to board reports. County manager.

Tad's in back the room.

Maybe we'll to Morris and

come back

Tad, did you have a report tonight?

No report.

Report. Thank you. County attorney?

I have no report, mister chair. District one?

I didn't have anything prepared, but I I did stop by the zoo this week, and they have a pretty incredible new thing that's going on, and it's it is magical. It's they've got all of these light up beautiful things to walk through through the through the zoo, and I just really wanted to just give them a shout out and everybody should go by there and participate because it's only open for a couple months and it's it's a new cool thing in the area. And if you've got kids or really all ages, I think would enjoy it. It's it's pretty cool. So definitely check out the new things that are going on at the zoo.

So you're there at night? Yes. So I was there in the day, but I haven't seen it lit up. Okay.

Oh, yeah.

It's good to know. Thank you. District 2?

Nothing, sir.

Thank you, commissioner. District 3? No report. District 4. Last

night, I was out of dinner and we all stopped to go outside to watch the rocket takeoff. It was it was a proud moment to be a commissioner in Brevard County and a resident of Brevard County. So we wish them godspeed.

Ditto. Ditto. Well said. And I have no pin add to that, but I support that. And I have no report, and I'll adjourn the

meeting. The

opinions expressed by any member of the public during any period of public comment do not necessarily reflect the views or opinions of the board of county commissioners of Brevard County, Florida, Space Coast Government Television, or the program sponsor and are solely those of the presenter.