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 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 five 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 invocation by Pastor Kevin Radlin of Lighthouse Christian Church. Sir, you're recognized. I want to say it's a privilege to be here in front of you all and to open this meeting with prayer from Lighthouse Christian Church in Merritt 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 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 Brevard 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 we ask that you would grant these leaders clear minds, discerning hearts, and that they would make decisions that 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 Altman for the pledge, sir. Okay, commissioners, we have meeting minutes to approve for the August 7th, 2025 zoning meeting. Is there a motion? Second. Okay, I have a motion by Commissioner Altman. I have a second by Commissioner Delaney. Clerk will call the roll. Commissioner Delaney? Yes. Vice Chair Goodson? Commissioner Atkinson? Yes. Commissioner Altman? Yes. Chairman Feltner? Yes. And we will show that passes 4-0. Thank you, commissioners. We have one item on consent. Is there any discussion on consent? Any, is there a motion for the consent item? Move to approve. Okay, I have a motion by Commissioner Delaney. Is there a second? Second. I think Commissioner Atkinson beat you there. So we have a second by Commissioner Atkinson. Clerk will call the roll. Yes. Yes. Yes. Yes. Yes. And we'll show that one passes 4-0. 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 Trina. H1 is 5125 South LLC being represented by Mr. How do I say this name? Mr. Cassiati and Mr. Wasserman. Request a CUP for alcoholic beverages for on-premises consumption accessory to a bar and game hall in suite 3 in B1 zoning classification under application 25Z00021 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, and they do have a request to table this to October 2nd zoning meeting. So moved. Okay, I have a motion by Commissioner Delaney to continue the item. Second. I have a second by Commissioner Atkinson. Clerk will call the roll. Commissioner Delaney? Yes. Commissioner Atkinson? Yes. Commissioner Altman? Yes. Chairman Feltner? Yes. We'll show that passes 4-0. Thank you, commissioners. And we'll go to H2. Billy, you recognize, sir? Good evening, Mr. Chairman. The applicant withdrew application 25Z0008 by NWD Consultants LLC for rezoning 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 that this error does not recur, but we wanted to clarify for the record that application 25Z0008 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 are companion applications. I'm going to read them into the record together. However, they will need separate approvals. Topplestone 2, RVG LLC, being represented by D. Scott Baker, requests a small-scale comprehensive plan amendment under 25S.12 to change the future land use map. Designation from Res 1, Res 2, CC, CC, and NC to Res 6 under application 25SS0006, located in District 3. And Cobblestone 2, RVG LLC, being represented by D. Scott Baker, requests a zoning classification change from TR3 and RU-1-9 to all TR-3 with ABDP under application 23Z00038, located in District 3. Okay. On 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. Any discussion on the item? Okay. Is there a motion for H3? I'll make a motion to approve H3. Second. Okay. I have a motion by Commissioner Atkinson. I have a second by Commissioner Delaney. Clerk will call the roll on H3. Commissioner Delaney? Yes. Commissioner Atkinson? Yes. Commissioner Altman? Yes. Chairman Feltner? Yes. And we'll show that passes 4-0. Thank you, Commissioners. On H4, and there is a BDP, right? So 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. Clerk will call the roll. Commissioner Delaney? Yes. Commissioner Atkinson? Yes. Commissioner Altman? Yes. Chairman Feltner? Yes. And we'll show that passes 4-0. Sir, you did a great job tonight. We appreciate it very much. Okay. Trina on H5. Item H5 and H6. I'm going to read into the record together. There are companion applications. City Point Landfall LLC being represented, this is actually by Kim Rezinka, 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 24SS-00009, located in District 1. And City Point Landfall LLC being represented by Kim Rezinka, 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 PUD-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. Commissioner Delaney, your district on H5. 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 roll. Commissioner Delaney. Yes. Commissioner Atkinson. Yes. Commissioner Altman. Yes. Chairman Feltner. Yes. We'll show that. Passes 4-0. Commissioners on H6. I'd like to make a motion to continue H6 on October 2nd, 2025. Okay. We have a motion to continue to October 2nd meeting by Commissioner Delaney. We have a second by Commissioner Atkinson. Clerk will call the roll. Commissioner Delaney. Yes. Commissioner Atkinson. Yes. Commissioner Altman. Yes. Chairman Feltner. Yes. We'll show that. Passes 4-0. Okay. Thank you, Commissioners. Trina on H7. Commissioner, may I ask if we could move H9 up. Oh, okay. The applicant for H7 and H8, she's actually stuck on 95. She'll be here in approximately 13 minutes. Sure. Okay. You know what? We, that's okay. We've got a couple of housekeeping issues that we can go to, so we'll skip. We'll go ahead to H9 then, Trina. Thank you so much. Thomas Doherty. I think we have an applicant here, too. Sorry. That's good. Go ahead. I'm sorry. Thomas Doherty requests a change of zoning classification from GU to RU-1-7 under Application 25Z-00007, located in District 1. Okay. Commissioners, we have the applicant here, if we have any questions. Do you have any questions on H9? Any discussion on H9? Okay. Might be another easy one. Is there a motion on H9 then? I'd like to make a motion to change the zoning classification from GU to RU-1-7. Okay. I have a motion by Commissioner Delaney. Is there a second? Second. I have a second by Commissioner Atkinson. Clerk will call the roll. Commissioner Delaney. Yes. Commissioner Atkinson. Yes. Commissioner Altman. Yes. Chairman Feltner. Yes. And we'll show that. Passes 4-0. Okay. That took us about 30 seconds. So, we're only 12 and a half minutes away from the applicant being here. She's seven minutes away now. Okay. All right. Tell her not to speed. Okay. Let's do this. I don't think we have any public comments, but Alex, is it okay if we do board reports and come back to the items? Okay. So, let's do that. Is there anyone saying anything for Jim tonight? Tad, do you have anything for the board? No report, Mr. Chair. Alex, do you want to say anything tonight? No report, Mr. Chair. Okay. Very good. Commissioner Delaney. I did have one thing that I was hoping to bring up. I, and it was about the county manager salary contract. And I had asked Morris some questions about, like, what, how we're going to go about doing this and whatnot. And I just, 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 is that going to be working? Well, we met today, the committee being me and Morris as the board designated. And so, we have to take the item up. We'll certainly discuss it. And then we'll vote on it. Is that sufficient in the meeting? I mean, you'll be able to ask us many questions and make the necessary comments. My concern is, is the cake going to be baked at that point? It's not baked until we, I can tell you this, I, you know, was looking at it today. And I don't sign anything until after that meeting. Right. 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 fixed term contract with six months prior, uh, review. And that way, um, it's, it's, 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. We can, Commissioner, you can certainly amend it, um, in, in the meeting. Like I said, 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, um, 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 Atkinson, do you have anything tonight? Okay. Uh, okay. We'll see if we, we'll see if we, give me, uh, I got a couple of things and then, uh, we'll, we'll see how much time's left. Um, Commissioner Altman, 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 SEER 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, we're all clear on that? Yeah. 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, uh, 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, the funeral arrangements, um, will, will be for him on September 13th at Zion Orthodox Primitive 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 real institution. And I think for those of us who lived in Brevard 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 Levitt Park for 56 years on Levitt 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 Rockledge Country Club. And, uh, now I'm not a golfer, but if you golfed at Rockledge Country Club, you, you likely, uh, played golf with, with Jolie there. Uh, he got masters, a bachelor's and master's degree from Florida A&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'll mention, uh, Brevard County Space Coast Junior Achievement Business Hall of Fame, and they recognized him and, uh, South Brevard 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 A&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 Jolie Smith Teaching Center. Um, we'll miss him. He'll be remembered always in Brevard County. Um, and we appreciate, uh, his service. So thank you. Now that, that's tough to follow. Sir? Well, I just wanted to thank you. Thank you so much for bringing that up. I knew Jolie well, loved him, a 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 difference for Brevard County, and, um, we're a great place to live because of people like Jolie Smith. 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. Oh, good. Oh, you're not going to let 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 Delmonico, request a small-scale comprehensive plan amendment under 25S.11 to change the future land use designation from NC and Res.2 to CC under application 25SS00006, located in District 1. NH8 is still Florida Properties LLC, represented by Kelly Delmonico, request a zoning classification change from AU to BU-1 under application 25Z000199. 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, um, Ms. Delmonico 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 Atkinson. Clerk will call the roll. Commissioner Delaney? Yes. Commissioner Atkinson? Yes. Commissioner Altman? Yes. Chairman Feltner? Yes. We'll show that one passes 4-0. 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 BU 1. Okay. I have a motion by Commissioner Delaney. Have a second by Commissioner Atkinson. Clerk will call the roll. Commissioner Delaney? Yes. Commissioner Atkinson? Yes. Commissioner Altman? Yes. Chairman Feltner? Yes. We'll show that one passes 4-0. 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. Okay. Congratulations, Kelly. Glad you rushed. The opinions expressed by any member of the public during any period of public comment do not necessarily reflect the... No matter of view or not. ...the views expressed by any member of the public comment do not necessarily reflect the... ...the views expressed by any member of the public comment do not necessarily reflect the...