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Board of County Commissioners acts as a quasi judicial body when it hears requests for resoning 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 reszoned and the actual development of the surrounding area. The board cannot consider speculation, non-expert opinion testimony, or pull the audience by asking those in favor or opposed to
stand up or raise their hands. If a commissioner has had communications regarding a resoning 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 15 minutes to present their request unless time is extended by majority vote of the
board. The applicant may reserve any portion of the 15 minutes for rebuttal. Other speakers are allowed 5 minutes to speak. Speakers may not pass their time to someone else in order to give that person more time to speak. Good evening and welcome to the
September 4th planning and zoning meeting for the board of county commissioners. We have a quorum. I'll call the meeting to order. We'll start tonight with imitation by Pastor Kevin Radlin of Lighthouse Christian Church. Sir, you're
recognized. Just want to say it's privilege to be here in front of you all and to open this meeting with prayer um from Lighthouse Christian Church in Merid Island, Florida and just really glad to be here. So, let's pray. Heavenly Father, we come before you
today with thankful hearts, thankful for the gift of a community and and the blessing of the leadership that's here before us. Lord, we lift up in prayer each of these county commissioners and all those serving in positions of authority here in Bvard
County. Your word tells us in James 1:5 that if any of you lacks wisdom, let him ask of God, who gives it to all liberally and without reproach, and it will be given to him. So, we're asking you for wisdom,
and uh we ask that you would grant these leaders clear minds, discerning hearts, and that they would make decisions that uh affect the lives of so many well. May they seek not just what is popular, but what is right in your sight. God, guide
their steps with integrity. Cover their words with grace and let their actions bring peace, prosperity, and justice for our community. We pray for unity in their decisions, protection over their families, and
courage to stand for the truth. Let your direction lead their steps. And we ask that you be with us in this meeting in Jesus name. Amen. Thank you. Thank you very much for being here tonight. Commissioner Alman for the
pledge. Sir, please stand along nation indivisible with liberty and justice for all. Okay, commissioners, we have meeting
minutes to approve for the August 7th, 2025 zoning meeting. Is there a motion? Second. Okay. Have a motion by Commissioner Alman. Have a second by Commissioner Delaney. Clerk will call the role. Commissioner Delaney? Yes. Vice Chair Goodson.
Commissioner Atinson? Yes. Commissioner Alman? Yes. Chairman Felner? Yes. and we will show that passes 40. Thank you. Commissioners, we have uh one item on consent.
Is there any discussion on consent? Any Is there a motion for the consent item? Move to approve. Okay. Have a motion by Commissioner Delaney. Is there a second? Second.
Okay. I think uh Commissioner Atinson beat you there. Uh, so we have a second by Commissioner Atinson. Clerk will call the role. Yes. Yes. Yes. Yes. And we'll show that one. Passes 40. Also, thank you, commissioners. I don't
think we have any cards for the G section of public comment. We will move into H1. and um Trina H1 is 5125 South LLC being represented
by Mr. How do I say this name Mr. Casiati and Mr. Wasserman request a CUP for alcoholic beverages for on premises consumption accessory to a bar and game hall in suite 3 in BU1 zoning
classification under application 25Z 000021 located in district 2. We are asking that this item be continued until the October 2nd BOCC meeting. Okay. I don't have any cards on this
commissioner. Um and they do have a request to table this to October 2nd uh zoning meeting. So moved. Okay. I have a motion by Commissioner Delaney to continue the item. Second. I have a second by Commissioner Atinson. Clerk will call the role. Commissioner Delaney? Yes. Commissioner Atinson?
Yes. Commissioner Alman? Yes. Chairman Felner. Yes. We'll show that passes 40. Thank you, commissioners. And we'll go to H2. Billy, you're recognized, sir. Good evening, Mr. Chairman. The applicant withdrew application 25Z00008
by NWD Consultants LLC for reszoning from AU to RR1 today via email. I did want to raise the issue an issue to the board's attention. After the last zoning meeting, a resolution was executed under a different application number for an item that was approved by the board. But
due to a scrivener's error, it appears to indicate that this application was approved. Staff is implementing procedures to ensure this error does not recur. But we wanted to clarify for the record that application 25Z 00008 has not been approved and was withdrawn.
Staff will be bringing an item for a future board meeting to correct the record and indicate that the proper item was approved. Okay, so we're clear on that one. We'll go on to H3. Item H3 and H4, companion applications.
I'm going to read them into the record together. However, they will need it separate uh approvals. Cobblestone 2 RVG LLC being represented by D. Scott Baker requests a smallcale comprehensive plan amendment under 25S.12
to change the future land use map designation from res 1, res 2, CC, and NC to res 6 under application 25SS00006 located in district 3 and Cobblestone 2
RVG LLC being represented by D. Scott Baker request a zoning classification change from TR3 and RU-1-9 to all TR-3 with a BDP under application 23Z
00038 located in district 3. Okay. On uh H3 and we have the applicant here if there are any questions. Are there any questions on H3? Sir, this might be quick for you. Uh, any discussion on the item? Okay. Is there a
motion for H3? Make a motion to approve H3. Second. Okay. I have a motion by Commissioner Atinson. Have a second by Commissioner Delaney. Clerk will call the role on H3. Commissioner Delaney? Yes. Commissioner Atinson? Yes. Commissioner Alman? Yes. Chairman Felner.
Yes. We'll show that passes 40. Thank you. Commissioners on H4. And there is a BDP, right? So, we're we're good with that, sir. Okay. All right. Any discussion on the item? Any questions? No. Okay. Motion to approve H4. Second.
We have a motion to approve H4 with the BDP. With the BDP. And we have a second by Commissioner Delaney. Um clerk will call the role. Commissioner Delaney? Yes. Commissioner Atinson? Yes. Commissioner Alman? Yes. Chairman Felner? Yes. And we'll show that passes 40. Sir,
you did a great job tonight. We we appreciate it very much. Okay. Trina, on H5, item H5 and H6, I'm going to read into the record together. They're companion applications. City Point Land Landfall LLC being
represented. This is actually by uh Kim Rosena. request a small-scale comprehensive plan amendment under 24S.11 to change the future land use designation from res 1, res 2, res 4, and NC to CC to all res 4 under
application 24 SS00009 located in district 1 and cityoint Landfall LLC being represented by Kim Rosena request a change in zoning classification from EU and RP with an
existing BDP to PUD with removal of an existing BDP under application 24 PUB 00003 located in district 1. At this time, we are asking that this item be continued
until the October 2nd BOCC meeting. Okay. And we need separate motions for that one on H5 and H6. Yes, sir. Okay. U Okay. Commissioner Delaney, uh, your your district on on H5.
Um, I'd like to make a motion to continue H5 to the October 2nd meeting. Okay, very good. Second. Okay. Have a motion by Commissioner Delaney. Have a second by Commissioner Altman on H5. Clerk will call the role. Commissioner Delaney? Yes.
Commissioner Atinson? Yes. Commissioner Altman? Yes. Chairman Felner? Yes. We'll show that passes 40. Commissioners on H6. I'd like to make a motion to um
continue H6 on October 2nd, 2025. Okay, we have a motion to continue to October 2nd uh meeting by Commissioner Delaney. We have a second by Commissioner Atinson. Clerk will call the role. Commissioner Delaney, yes. Commissioner Atinson, yes. Commissioner Alman, yes. Chairman Felner,
yes. We'll show that passes 40. Okay. Thank you, commissioners. Uh Trina on H7. Commissioner, may I ask if we could move um H9 up? Um Oh, okay. The applicant for H7 and H8, she's
actually stuck on 95. She'll be here in approximately 13 minutes. Sure. You know what? We That's okay. We got a couple housekeeping issues that we can go to. So, uh we'll skip we'll go ahead to H9 then. Katrina, thank you so much.
Thomas here too. Sorry. That's good. Go ahead. I'm sorry. Thomas Dohy requests a change of zoning classification from GU to RU-1-7 under application 25Z00007 located in district 1.
Okay. Uh commissioners, we have the applicant here. If we have any questions, do you have any questions on on H9? Any discussion on H9? Okay. Um, might be another easy one. Uh, is there a motion on H9? Then
I'd like to make a motion to change the zoning classification from GU to RU1-7. Okay. Have a motion by Commissioner Delaney. Is there a second? Second. I have a second by Commissioner Atinson. Clerk will call the role. Commissioner Delaney? Yes. Commissioner Atinson? Yes. Commissioner Alman?
Yes. Chairman Felner? Yes. And we'll show that passes 40. Okay, that took us about 30 seconds. So, we're we're only 12 and a half minutes away from the applicant being here. She's um seven minutes away now. Okay. All right. Tell her not to speed.
Okay. Um let's do this. I don't think we have any public comments, but um Alex, is it okay if we do board reports and come back to the items? Okay. So, let's let's um do that. Is there anyone saying anything for Jim tonight? Tad, do you have anything for the board?
Uh no report. Okay, Mr. Chair. Alex, do you want to say anything tonight? No report, Mr. Chair. Okay. Um, very good. Commissioner Delaney, I did have one thing that I was hoping to bring up. Um, I
uh and it was about the county manager um salary contract. And I had asked Morris some questions about like what how we're going to go about doing this
and whatnot. I just um will there be a time before it comes to the board that like you guys will get some input from all of us or how how is that going to be working? Well, we met today uh the committee being me and Morris as the board
designated and um so we have to take the item up. We'll certainly discuss it and then we'll vote on it. Um, is is that sufficient in the meeting? I mean, you'll be able to ask as many questions and and and make necessary. My concern is is the cake going to be
baked at that point? I it's not baked until we I I can tell you this. I you know, I was looking at it today and um uh I don't sign anything until after that meeting until we we vote as a board. Okay. So,
do you mind if I share just a couple of my things? Absolutely. Go ahead. Um, I I'm wondering about um how the salary will be determined, the possibility of annual evaluations
um and also a possible fixedterm contract with 6 months prior uh review. And that way um it's it's con basically you got we're constantly coming up for a checkup like is this working well for
everybody that type of thing. And so those were just some of my thoughts um to possibly be put into the contract. Well we can commissioner you can certainly amend it um in in the meeting. Like I said I I don't think there's another opportunity. I mean, we have the
the budget meeting coming up, but I don't I don't think we'd have that item on there for the for the budget hearing. Um, but certainly when we're on the item, it that this this board can amend as necessary. Sure. Thank you. I just um kind of wanted to share my thoughts. So, I appreciate that because it was kind of
all um at the time when that all happened, it kind of, you know, uh was very fast-paced and so I didn't quite have all my thoughts together at that point. So, I appreciate that. Okay. Anything else you want to say before our applicant comes? No.
Okay. Uh, Commissioner Atinson, you have anything tonight? Okay. Uh, okay. We'll see if we we'll see if we give give me uh I got a couple things and then uh we'll we'll see how much time's left. Um, Commissioner Alman,
sir, do you have anything tonight? Okay. Uh, just a couple of things. Um, we needed to clarify something I think from the last meeting. So, I think we saw a memo about um what it meant to continue
to the next meeting for the SEIR item. So, we we voted on that. And um so I want to be clear that we were saying continue to the next county commission meeting, the regular commission meeting, not not the the budget hearing. Okay.
So, we're all clear on that. Okay. All right. Very good. So they asked me to to make that um to clarify that today. And then also um since we have some time here, I wanted to share with you that
we will um have flags at half staff for Jolie Smith. I'm sure um I'm sure we we all agree about honoring um Dr. Smith. Um had a few things uh
wanted to say. So funeral arrangements um will will be for him on September 13th at Zion Orthodox Primitive um Baptist Church. Um, so if you didn't have those details, um, that's when that
will be. But, uh, you know, Jolie served on Rock Lake City Council for 36 years. Um, a a a real institution. And I think for those of us lived in Bvard for a long time, it's it's it's impossible that you that you didn't know
him. He was married for 63 years. And they didn't put this in the paper, but I happen to know this little tidbit. Uh he lived in Levit Park for 56 years on Levit Parkway. Um him and his wife they
bought that house in 1969. And uh so uh he was a real institution. He was provost at all uh four uh Eastern Florida campuses um when it was BCC. Um my parents knew Jolie because they
golfed at Rock Ledge Country Club. And uh now I'm not a golfer, but if you golfed at Rocklage Country Club, you you likely uh played golf with with Joby there. Uh he got master's a bachelor's and master's degree from Florida&M
and then uh his doctoral degree in education uh at University of Florida. Uh he had numerous awards. Um, but a couple of them I I'll mention. Uh, Bvard County Space Coast Junior Achievement Business Hall of Fame. They recognized
him. And, uh, South Bard NAACP lifetime achievement living legend award. Um, I didn't know this one, but Dr. Smith um was a baseball player and he's in the Florida&M University's Sports Hall of Fame. Uh, and he's in the
Space Coast Sports Hall of Fame. um for uh his achievements in sports development. Uh as you know, the Jolie Smith Recreation Center um in uh Coco and uh if you went to school at the
Melbourne uh campus of BCC, you know that they have a building named for him there, uh the Joe Lee Smith Teaching Center. Um we'll miss him. He'll be remembered always in Bvard County. Um, and we
appreciate uh his service. So, thank you. Now, that that's tough to follow, sir. Well, I just wanted to echo thank you. Thank you so much for bringing that up. I knew Jolie well. Loved him. Very special guy. And he's one of those rare individuals that when you would be
around, you were just happy to be alive. He just imbued such positive energy and just a powerful individual who really made a huge different for Bvard County and u we're a great place to live because of people like Jolie Smith and we'll miss him greatly.
Okay, now Commissioner Delaney, you could have a few more minutes if if you like or we could take a Is she just Oh, it's Kelly. Kelly. Oh, boy. I didn't even look down to see
that it Oh, get Oh, you're not going to live this one down. Okay. All right, Trina, give her a second and we'll go to H7. Thank you, Mr. Chair. Oh, boy. H7,
H7, and H8. I'm going to read into the record together. They're companion applications. However, we will need a separate uh decision on those. H7 still Florida Properties LLC being represented by Kelly Do Monaco request a smallcale
comprehensive plan amendment under 25S.11 to change the future land use designation from NC and res 2 to CC under application 25SS 00006
located in district 1. NH8 is still Florida Properties LLC represented by Kelly De Monaco request a zoning zoning classification change from AU to BU-1 under application 25Z 000019
located in district 1. Okay. Commissioner Delaney, this is your district. Do you have questions? Go to you first. I um I don't have questions or discussion, but I did want to say for the record um I completely forgot to send in my
disclosure. So, I did meet with u Miss Del Monaco and her client at my office um for about 50 minutes um back in May 28th. So, that's part of the reason why I forgot because it was so long ago. Um but I just wanted to say that for the
record. Okay, very good. Do you have any questions for Kelly on H7? Nope. Okay. Any other discussion or questions on H7? Anybody? No. Okay. Uh, Commissioner Delaney, what do you want to do on H7?
I would like to make a motion to approve um the future land use designation from NC and RES 2 to CC. Okay. I have a motion by Commissioner Delaney. Is it? I have a second by Commissioner Atinson. Clerk will call the role. Commissioner Delaney? Yes. Commissioner Atinson?
Yes. Commissioner Altman. Yes. Chairman Felner. Yes. We'll show that one passes 40. Thank you, commissioners. And on H8, Commissioner, do you have any questions on that one? Nope. Okay. All right. I'd like to make a motion um
to have the zoning classification change from AU to BU1. Okay. Have a motion by Commissioner Delaney. Have a second by Commissioner Atinson. Clerk will call the role. Commissioner Delaney? Yes. Commissioner Atinson? Yes. Commissioner Altman. Yes. Chairman Felner.
Yes. We'll show that one passes 40. Commissioners, this may be a new record for this board. And I don't think we have any other items, right? Good night, everybody. Thank you. Thank you so much. Okay. Congratulations, Kelly. Glad you rushed.
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