Brevard County Board of County Commissioners  
2725 Judge Fran Jamieson Way  
Viera, FL 32940  
Minutes  
Thursday, May 5, 2022  
5:00 PM  
Zoning  
Commission Chambers  
A.  
CALL TO ORDER 5:03 PM  
Rollcall  
Commissioner District 1 Rita Pritchett, Commissioner District 3  
John Tobia, Commissioner District 4 Curt Smith, and  
Commissioner District 5 Kristine Zonka  
Present:  
ZONING STATEMENT  
The 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 15 minutes to present their request  
unless the time is extended by a 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.  
C.  
D.  
PLEDGE OF ALLEGIANCE - Commissioner Rita Pritchett, Vice Chair, District 1  
Commissioner Pritchett led the assembly in the Pledge of Allegiance.  
MINUTES FOR APPROVAL: February 3, 2022, Zoning Meeting Minutes  
The Board approved the February 3, 2022 Zoning Meeting Minutes.  
Result: APPROVED  
Mover: Curt Smith  
Seconder: Rita Pritchett  
Ayes: Pritchett, Tobia, Smith, and Zonka  
H.  
PUBLIC HEARINGS  
Abigail Jorandby, County Attorney, advised the Chair that the emails that are usually sent for  
disclosures were not received by staff; she noted at this time if anyone has any disclosures with  
any applicants regarding these applications, if the Board members would declare them at this  
time, as best it can, she understands there are emails, but apparently they have not been  
uploaded to the system; and they just need to be on the record.  
Chair Zonka responded she will start with the first one; she stated there was an email from Ed  
Johnson that was up here; she has given a copy to the clerk; it is basically a letter of support  
after some modifications to the BDP were made; and they live in the neighborhood and just  
wanted to inform the Board of that information.  
Commissioner Pritchett advised her office also received one from Mr. Byrd; she was just  
informed by her staff that they emailed that to the clerk for her; she had received a call from Mr.  
Oliver and he just asked that the Board really pay attention to District 2 Items because he lives  
in that area and we wanted the Board to pay extra careful attention to that since they no longer  
have a Commissioner; and that is all she has.  
Commissioner Smith noted he has one from Ed Johnson.  
Chair Zonka announced she believes all of the Commissioners have received the copy of the  
email.  
Commissioner Tobia noted he believes the entire Commission received an email on May 4,  
from Fritz VanVolkenburgh in regards to Items H.1.; no opposition to H.2., suggests regarding  
the Binding Development Plan (BDP); and H.6. no opposition.  
H.1. Storsafe of Rockledge, LLC (Nathan Lee) requests a Small Scale Comprehensive  
Plan Amendment (21S.03) to change the Future Land Use designation from RES  
4, NC, and CC, to all CC. (21PZ00083) (Tax Accounts 2511096, 2511103, 2511119)  
(District 2)  
Chair Zonka called for a public hearing on a request by Storsafe of Rockledge, LLC (Nathan  
Lee) for a Small Scale Comprehensive Plan Amendment (21S.03) to change the Future Land  
Use designation from RES 4, NC, and CC, to all CC.  
James Sayagh stated he is the Principal and the Chief Development Officer at Elmdale  
Partners which owns Storsafe; and the address is 5301 Dempster, Suite 300 in Skokie Illinois.  
Ryan Clark stated he is with Kimley-Horn, the civil engineers; and the address is 1115 East  
Twigg Street, Tampa, Florida.  
Mr. Sayagh thanked the Board for hearing the petition; he mentioned he thinks one of the  
reasons they have prevailed unanimously at Planning and Zoning is because they came with  
their ears opened and listened to their neighbors; entered into evidence is the letter of support;  
he remarked to Ed Johnson that he greatly appreciates that; he has been doing this for 25  
years and a letter of support from your neighbor is about as good as it gets in this business; he  
noted underlying that support is they immediately removed from their plan the notion of any  
outdoor parking whatsoever; therefore, they will not have any outdoor buildings. He continued  
by saying they were thoughtful with Kimley-Horn from the onset about using the rear of the site  
as an appropriate buffer from those beautiful homes along the Indian River; they think taking  
the Agricultural parcel and the natural topography of the land and putting the storm retention  
where it is, with a nice vegetative buffer really makes for an ideal buffer used from the highway;  
and their goals as they have said, and storage, having built one or two of these in his time, is  
really an ideal buffer used in residential, particularly with a highway. He added it is a low  
intensity use; it is not used nearly as intensely as any other commercial use that he can think  
of; it does not require much in the way of operations, such as scavenger service; and there is  
not a big amount of garbage that is created or trash pickups, so it is a pretty peaceful use. He  
went on to say they tried as best they could to listen to all the very specific granular concerns  
they had, like lighting; the Board will see in the Binding Development Plan (BDP) that they  
agreed to things like having down lighting that lights the aisle as opposed to things that shine  
right at people is memorialized; there were some conversations back and forth with staff about  
the fence or the you know, masonry barrier; even walking in here, he is going to go ahead and  
agree to it and not ask for any relief from what is drafted; it is important to our neighbors, they  
made it clear it is important to them, it is probably the most sustainable thing, it is not going to  
get blown over like a vinyl fence would, and so they are agreeable to everything as drafted; one  
way or the other the portion of the site they would like to immediately develop is all BU-1 now  
anyhow; and some version of this can be developed by right, but he is left with the problem of  
this bizarre patchwork of zoning that is on this site, that does not really make any sense. He  
stated a lot of this is cleaning up kind of what is a little bit of a mess; they feel that BU-2 made  
sense with conditions and the Planning and Zoning advisory body resoundingly agreed; and he  
is in hopes that the Board will as well.  
Jeffrey Ball, Planning and Development Manager, asked the Chair if he could read the two  
Items into the record.  
Chair Zonka responded affirmatively.  
Mr. Ball stated Items H.1. and H.2. are companion applications. He will read them into the  
record together but they will have to have a separate vote; item H.1. is Storsafe of Rockledge,  
LLC requests a Small Scale Comprehensive Plan Amendment, 21S.03 to change the Future  
Land Use designation from RES-4, NC, and CC to all CC; application number 21PZ00083; and  
it is located in District 2. He continued on by saying Item H.2. is Storsafe of Rockledge, LLC  
requests a change of Zoning classification from AU and BU1 to BU2; application number  
22Z00004; it is located in District 2; the Planning and Zoning Board recommended approval for  
both of these applications; and with the rezoning application it recommended a BDP with eight  
conditions which are identified in the Agenda Report.  
Chair Zonka inquired if anyone has any questions for the applicant.  
Commissioner Smith responded he does. He commented there was something he did not ask  
staff during his briefing; he inquired what kind of retention is there for stormwater runoff: and he  
inquired if there is a swale or something there.  
Mr. Ball responded the Item of drainage will be addressed at the site planning stage where the  
engineers will all get with staff and design an appropriate stormwater management system;  
whether that is a wet retention pond in a swell, he does not know, that is beyond his expertise;  
but they will have to meet the County’s land development regulations in the Code.  
Tad Calkins, Planning and Development Director stated to add to that, the Code requires that  
they outfall into a legal positive outfall discharge area so they will not be able to put water on an  
adjacent property owner unless there is that legal positive outfall there.  
Chair Zonka advised she has one card and she will call the applicant back up if there are  
additional questions or if he wants to respond.  
Ed Johnson stated he lives directly behind the old Harvey’s Grove; he is representing eight of  
his neighbors, so there is eight residences that are all abutted, bordering this property; they  
went to the advisory board meeting and there was a little bit of back and forth but those guys  
did a wonderful job working out something for all of them; they had a two hour and three minute  
meeting, and 55 minutes was spent on getting this worked out; he is there to say that he, his  
wife, and his seven other neighbors, as long as the things in the BDP, the property will be used  
for self-storage only, outdoor storage prohibited, buildings limited to one story, lighting shall not  
face the residential properties, a 20-foot landscape buffer, and he thinks those last two are  
required anyway, and then a finished eight–foot masonry wall, which he talked with the  
applicant about earlier and he believes he has agreed to, they are all in agreement with the way  
it is written. He mentioned the BDP says shall enter to the benefit of successors or signers, and  
he asked if the BDP goes with the property, and does not change with ownership.  
Chair Zonka responded affirmatively.  
There being no other comments or objections, the Board adopted Ordinance No. 22-14,  
amending Article III, Chapter 62, of the Code of Ordinances of Brevard County, entitled “The  
1988 Comprehensive Plan”, setting forth the eighth Small Scale Comprehensive Plan  
Amendment of 2022 (22S.03), to the Future Land Use Map of the Comprehensive Plan;  
amending Section 62-501 entitled, Contents of the Plan; specifically amending Section 62-501,  
Part XVI€, entitled, The Future Land Use Map Appendix; provisions which require amendment  
to maintain internal consistency with these amendments; providing legal status; providing a  
severability clause; providing for an effective date.  
Result: ADOPTED  
Mover: Curt Smith  
Seconder: John Tobia  
Ayes: Pritchett, Tobia, Smith, and Zonka  
H.2. Storsafe of Rockledge, LLC (Nathan Lee) requests a change of zoning  
classification from AU and BU-1 to BU-2. (22Z00004) (Tax Accounts 2511096,  
2511103, 2511119) (District 2)  
Chair Zonka called for public Hearing on a request by Storsafe of Rockledge, LLC, for a  
change of zoning classification from AU and BU-1 to BU-2.  
Commissioner Pritchett commented she is really glad Mr. Johnson showed up and said that  
because she was really struggling with doing anything in District 2 and it is good to hear the  
neighbors are at a place where they are comfortable.  
Chair Zonka thanked the applicant for working with the neighbors; and she stated it does not  
ever go quite this smoothly, so she appreciates it.  
There being no other comments or objections, the Board approved a request by Storsafe of  
Rockledge, LLC for a change of zoning classification from AU and BU-1 to BU-2 with the BDP  
containing the following conditions: the use of the property shall be for self-storage only;  
outdoor storage shall be prohibited; any buildings on the property shall be limited to  
single-story; no lighting elements shall face the residential properties; a 20-foot landscape  
buffer shall be required in accordance with the code requirement; and a finished eight-foot  
masonry wall shall be required along the edge of the improvements in accordance with code  
requirements.  
Result: APPROVED  
Mover: Curt Smith  
Seconder: Rita Pritchett  
Ayes: Pritchett, Tobia, Smith, and Zonka  
H.3. Rotation Holdings, LLC, requests an amendment to an existing BDP in a BU-2  
zoning classification. (3640 N. U.S. Hwy 1, Cocoa) (22Z00007) (Tax Account  
2411214) (District 1)  
Chair Zonka called for a public hearing on a request by Rotation Holdings, LLC, for an  
amendment to an existing Binding Development Plan (BDP) in a BU-2 zoning classification at  
3640 N. U.S. Highway 1, Cocoa.  
Jeffrey Ball, Planning and Zoning Manager, stated Rotation Holdings, LLC request an  
amendment to an existing BDP in a BU-2 zoning classification; the application number is  
22Z0007; and it is located in District 1.  
There being no other comments or objections, the Board approved a request by Rotation  
Holdings, LLC, for an amendment to and existing BDP in a BU-2 zoning classification for  
application number 22Z0007, located at 3640 N. U.S. Highway 1, Cocoa; and the BDP will  
contain the following conditions: developer/owner will provide a 50-foot buffer on the east  
property line and increase vegetation by adding Bald Cypress trees every 25 feet, Wax Myrtle  
every five feet, and Muhly grass every three feet; developer/owner shall construct an eight-foot  
tall concrete masonry unit (CMU) wall along the east property line; and automobile repair on the  
property shall be limited to minor automotive repair only, as defined in 62-1102.  
Result: APPROVED  
Mover: Rita Pritchett  
Seconder: John Tobia  
Ayes: Pritchett, Tobia, Smith, and Zonka  
H.4. Michael P. Buono and Charles T. Calhoun request a change of zoning  
classification from GU to RR-1. (21Z00051) (Tax Accounts 2000791 & 2000796)  
(District 1)  
Chair Zonka called for a public hearing on a request by Michael P. Buono and Charles T.  
Calhoun for a change of zoning classification from GU to RR-1.  
Jeffrey Ball, Planning and Zoning Manager, stated this is Michael P. Buono and Charles T.  
Calhoun request to change a zoning classification from GU to RR-1; the application number is  
21Z00051; and it is located in District 1.  
There being no other comments or objections, the Board approved the request by Michael P.  
Buono and Charles T. Calhoun for a change of zoning classification from GU to RR-1.  
Result: APPROVED  
Mover: Rita Pritchett  
Seconder: John Tobia  
Ayes: Pritchett, Tobia, Smith, and Zonka  
H.5. Robert F. Erario and Jeremy Sothea Sun request a change of zoning  
classification from BU-1 and AU to all AU. (22Z00008) (Tax Account 2001826)  
(District 1)  
Chair Zonka called for a public hearing on a request by Robert F. Erario and Jeremy Sothea  
Sun for a change of zoning classification from BU-1 and AU to all AU.  
Jeffrey Ball, Planning and Zoning Manager, stated Robert F. Erario and Jeremy Sothea Sun  
request a change of zoning classification from BU-1 and AU to all AU; the application number is  
22Z00008; and it is located in District 1.  
There being no other comments or objections, the Board approved the request by Robert F.  
Erario and Jeremy Sothea Sun for a change of zoning classification from BU-1 and AU to all  
AU.  
Result: APPROVED  
Mover: Rita Pritchett  
Seconder: John Tobia  
Ayes: Pritchett, Tobia, Smith, and Zonka  
H.6. Tyler M. and Cristina N. Boucher request a change of zoning classification from  
AU to RR-1. (22Z00009) (Tax Account 2316242) (District 2)  
Chair Zonka called for public hearing on a request by Tyler M. and Cristina N. Boucher for a  
change of zoning classification from AU to RR-1.  
Jeffrey Ball, Planning and Zoning Manager, stated Tyler M. and Cristina N. Boucher requests a  
change of zoning classification from AU to RR-1; the application number is 22Z00009; and it is  
located in District 2.  
There being no further comments or objections, the Board approved the request by Tyler M.  
and Cristina N. Boucher for a change of zoning classification from AU to RR-1.  
Result: APPROVED  
Mover: Rita Pritchett  
Seconder: John Tobia  
Ayes: Pritchett, Tobia, Smith, and Zonka  
H.7. Rushing Wind, LLC (Steven Austin) requests a Small Scale Comprehensive Plan  
Amendment (22S.02) to change the Future Land Use designation from RES 1 to  
RES 4. (22PZ00003) (Tax Account 3008616) (District 3)  
Chair Zonka called for public hearing on a request by Rushing Wind, LLC, (Steven Austin) for a  
Small Scale Comprehensive Plan Amendment (22S.02) to change future land use designation  
from RES 1 to RES 4.  
Jeffrey Ball, Planning and Zoning Manager, stated Items H.7. and H.8. are companion  
applications; they will be read into the record but you will need to have a separate vote for each  
of them; Item H.7., is Rushing Wind, LLC request a Small Scale Comprehensive Plan  
Amendment 22S.02 to change the future land use designation from RES 1 to RES 4; the  
application number is 22PZ00003, located in District 3; Item H.8., is Rushing Wind, LLC,  
request a change of zoning classification from RR-1 and IN(L) to RU-1-11; the application  
number is 22Z00001; and it is located in District 3.  
Commissioner Smith stated he has a question; he was looking at this and the way the waters  
would flow down to basically Sebastian River and then out into the Indian River, he inquired if  
the Board is comfortable with the septic systems that would have to be in place in this particular  
instance with the density.  
Commissioner Tobia advised he will explain why he is comfortable with going from RES 1 to  
RES 4; it is because the neighbors immediately to the north are RES 6, so they have adjacent  
neighbors that have a higher density than what they are currently asking for; as a quasi-judicial  
body, he thinks that it is important that the Board offer some level of consistency; and they  
have gone for less than whatever a neighboring property is, so for that reason he is  
comfortable.  
Commissioner Smith noted he was just a little uncomfortable.  
Commissioner Tobia advised he understands Commissioner Smith’s concerns.  
Chair Zonka noted they are going to have to be compliant with the County Ordinances and  
Rules.  
Commissioner Smith responded okay.  
Chair Zonka inquired if Commissioner Smith was comfortable.  
Commissioner Smith noted he is.  
There being no further comments or objections, the Board adopted Ordinance No. 22-15,  
amending Article III, Chapter 62, of the Code of Ordinances or Brevard County, entitled, “The  
1988 Comprehensive Plan”, setting forth the seventh Small Scale Plan Amendment of 2022,  
22S.02, to the future land use map of the Comprehensive Plan; amending Section 62-501  
entitled, Contents of the Plan; specifically amending Section 62-501, 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.  
Result: ADOPTED  
Mover: John Tobia  
Seconder: Curt Smith  
Ayes: Pritchett, Tobia, Smith, and Zonka  
H.8. Rushing Wind, LLC (Steven Austin) requests a change of zoning classification  
from RR-1 and IN(L) to RU-1-11. (22Z00001) (Tax Account 3008616) (District 3)  
Chair Zonka called for public hearing on a request by Rushing Wind, LLC (Steven Austin) for a  
change of zoning classification from RR-1 and IN(L) to RU-1-11.  
There being no further Comments or objections, the Board approved the request by Rushing  
Wind, LLC for a change of zoning classification from RR-1 and IN(L) to RU-1-11.  
Result: APPROVED  
Mover: John Tobia  
Seconder: Rita Pritchett  
Ayes: Pritchett, Tobia, Smith, and Zonka  
L.2. Abigail Jorandby, County Attorney  
Abigail Jorandby, County Attorney, stated she has a brief report; at the meeting on Tuesday,  
the Board had directed her to seek an Attorney General Opinion (AGO); she realized once she  
got out of the meeting the Board did not actually take an affirmative vote and the Attorney  
General will require minutes from this meeting directing her to do so; therefore she needs a  
motion and vote on that item to include in the packet so she has the minutes.  
Commissioner Smith made a motion.  
Chair Zonka asked if it needs to be more specific.  
Attorney Jorandby responded she just wants to make sure that she is seeking the correct  
information for the Board.  
Commissioner Tobia interjected stating he has a quick question for Attorney Jorandby, he  
commented maybe she can answer it altogether; and he asked if she is concerned there is any  
way the Board potentially may not get an answer back.  
Attorney Jorandby advised she did review the Attorney General’s website and the  
requirements; she has to do a certification; they basically say they will not answer questions for  
local Codes or Charters, they are not; they are supposed to apply state law to the local charter  
and the codes, so typically they will not answer that, therefore, there is a possibility that they will  
decline to actually answer this Attorney General’s request; and she would like clarification that  
the question is: what does the term supermajority mean as far as the County charter and  
County code. She reiterated typically, they will not answer if it is a local Code; it is actually a  
part of their packet online; it just essentially says they do not typically enter interpretations of  
local codes, ordinances, or charters; and without really a State connection that could be a  
problem.  
Chair Zonka inquired who the Board would turn to, to ask that.  
Attorney Jorandby responded essentially, it would be her as the County Attorney; if they decline  
it would be up to her to make that determination; she knows the Board was seeking that, but  
there is really no entity; she explained typically if there was an issue between another  
municipality the County could do a declaratory action, but it does not have anything to take to  
court, so the avenue would be the AGO; and her understanding is they will most likely decline  
it, because it does not involve a State issue.  
Commissioner Pritchett stated the question would be what if the Board interprets it in a way that  
is not the same as maybe how it is written or whatever; she provided an example, if the Board  
was doing something and maybe that is not what the Board should be doing; and if the Board  
does not go to the Attorney General, she asked, who is ever going to say what is being done is  
not correct with how it is interpreted.  
Attorney Jorandby explained if the Board took action that, and it would be up to an individual  
public member, so if for some reason the Board took a vote and it was an individual who  
disagreed with what the Board has done, they could file a lawsuit; and that would be up to a  
court to decide whether it followed the County Code or Charter, and whether the interpretation  
the County took was reasonable under those definitions.  
Commissioner Pritchett questioned what if the Board already moved forward.  
Attorney Jorandby noted that is the issue; it could jeopardize the results; and for some reason,  
like a couple of the issues that one was putting something on a referendum for a charter  
amendment, if the Board took a different position and said three members was a supermajority  
so we can do this and it went to a referendum, if someone challenged that, a court could  
reverse the referendum and the Board would have to redo that.  
Chari Zonka asked if the County Charter clearly states four members.  
Attorney Jorandby responded affirmatively. She commented she was just providing an  
example.  
Chair Zonka mentioned she thinks her concern was more of what is considered a supermajority  
when there is a vacancy.  
Attorney Jorandby responded she thinks the one provision she is thinking of is like the Charter  
cap; that says supermajority of the Board, so she thinks a reasonable interpretation is to start  
with what the definition of the Board is and that is a five-member board; even with a vacancy, at  
that point it does not change the fact that the Board is a composition of five members; and so a  
super majority would still be four.  
Chair Zonka noted the Board is not five members when there is not a fifth member.  
Commissioner Smith interjected that he thinks the County could argue that the supermajority  
then is the remaining Board; and if there are four members then three is a supermajority.  
Commissioner Pritchett commented if the Board only has three members and there are only  
two votes that would be a supermajority at that time, too.  
Attorney Jorandby stated it is her position that there is very little case law on this issue; she has  
been looking; she did find one statute that does not apply to anything that the Board would be  
doing to special districts, the State of Florida Legislature has defined supermajority is half plus  
one, so at that point its majority plus one, so majority by definition is over 50 percent.  
Chair Zonka noted majority plus one, there is not an odd number of members so that probably  
would not apply to this Board.  
Commissioner Pritchett inquired if that is in the Florida Statutes.  
Attorney Jorandby responded that was just one section, but it is about taxes, it is not even  
really relevant; she was just trying to find examples.  
Commissioner Pritchett responded she was doing some research on supermajority and she  
found some 66 percent; and she asked what if the Board went ahead and got just another  
person’s opinion that did this, so the Board would have two opinions moving forward on it.  
Attorney Jorandby responded affirmatively.  
Chair Zonka commented another expert legal opinion.  
Commissioner Pritchett stated the Board could show due diligence.  
Chair Zonka responded if anything it is going to validate attorney Jorandby’s opinion on it; and  
it is going to at least give the Board some security that it is acting appropriately and properly.  
Attorney Jorandby responded she thinks at that point there is a difficulty because the Board is  
insulated by qualified immunity as long as it is following the Board’s legal counsel’s advice; she  
thinks at some point when there is additional counsel, the Board at that point would have to  
enter into a contract with that attorney and actually hire them; she would have to look at the  
County’s Charter as far as how the County would go through that process; and at that point the  
Board has counsel, therefore, it has to be cognizant of that.  
Chair Zonka stated she thinks it is really important that the Board is absolutely 100 percent  
certain that it is doing it correctly.  
Attorney Jorandby stated she thinks she talked with Chair Zonka; and she had been down this  
road with a separate town in her past.  
Chair Zonka noted that was a little different; she believes the circumstances were slightly  
different; and she asked if that was correct.  
Attorney Jorandby explained it was a five member board and only four were able to appear for  
a meeting where a supermajority vote needed to be taken for their budget item; at that time it  
was a 3-1 vote; they moved it forward; the Department of Revenue actually kicked it back and  
said that they did not recognize that as a supermajority vote; and they actually had to redo the  
budget hearing in October. She noted it was just kind of a painful experience for attorneys to  
remember to be doing something so out of sync; and that is her personal experience that she  
can bring forward.  
Chair Zonka asked if there was an absent member or a vacancy.  
Attorney Jorandby responded it was an absent member.  
Chair Zonka noted this Board has a vacancy, it does not have somebody that is on the Board,  
there is nobody in that seat, there is no elected official in that position.  
Commissioner Pritchett mentioned she interprets that the same way.  
Chair Zonka commented to her this is a little bit different than somebody who does not come to  
a meeting because he holds that seat.  
Attorney Jorandby advised she has not found anything that is specifically about vacancies.  
Commissioner Smith remarked he agrees with Commissioner Pritchett and Chair Zonka; he  
would like to introduce another thought that comes from the former Clerk of the Court who is  
fond of saying, if someone wants three opinions ask three attorneys, so getting one more  
attorney to give an opinion or two more, if there were three, maybe two of them would be the  
same, but it could be two attorneys and both give an opposite opinion; and he asked then  
where would the Board be.  
Chair Zonka stated she wants to make sure the Board is doing the right thing.  
Commissioner Smith stated he knows and he thinks what Attorney Jorandby is saying is the  
Board is going to have to make a decision on its own and either accept or reject what she  
recommends.  
Commissioner Pritchett commented that sounds like a reasonable thing because that is what  
the Board does; the Board does its best to do what it can; it is Attorney Jorandby’s job to find a  
way to defend it or let the Board know if it has really done something; and she thinks right now  
there is an interpretation that could go both ways.  
Chair Zonka stated okay.  
Commissioner Pritchett asked for everyone’s thoughts.  
Chair Zonka noted she does not feel comfortable with any of it.  
Commissioner Pritchett replied she does not feel comfortable either; she noted this is a new  
experience for her and she does not know if the Board would go back to opinions of other  
Attorney’s that have sat in this position; maybe they could get a consensus together; and that  
might be a little bit more, at least there would be a consensus of everybody in agreement that  
might help the Board. She advised she does not want to do all that though.  
Attorney Jorandby noted she will facilitate whatever the Board wants to do; at this point to hire  
another attorney she would have to, she thinks there may be a provision in the Charter, but she  
would have to look into it to see how to do that, if the Board wanted a separate opinion.  
Chair Zonka asked if she could put somebody on some more research to see if they can find  
something that at least gives her a little more comfort; she does not want when somebody does  
not come to a meeting, it is more when the seat is vacant; and that is the prime difference.  
Commissioner Smith stated he thinks chair Zonka makes a good point with that; it is not of  
someone’s choosing that they are not there, it is the Board working with what it has, and that is  
a deficit; and the Board has no choice.  
Chair Zonka stated if the Governor would appoint the Board would not be having this  
conversation.  
Commissioner Smith agreed. He stated if the Board were in a position where it had to make a  
decision that requires a supermajority, the way he would look at it, and he does not know what  
his fellow Board members would say, but a supermajority of four is three.  
Commissioner Pritchett stated it should not be unanimous, that is too hard to ever get a  
unanimous vote.  
Chair Zonka responded especially with Commissioner Tobia.  
Commissioner Pritchett commented well the minorities rule too.  
Chair Zonka commented she has to harass him a little bit.  
Commissioner Smith stated that is a point, it does not say anywhere that it has to be a  
unanimous decision, it says it has to be supermajority; in this case since there is not a fifth  
member, to get four has to unanimous; that is not in any statement, it says supermajority; and  
supermajority with four members as opposed to five is three.  
Attorney Jorandby commented in just the brief research she has done, there is a definition of  
majority of Commissioners is three, so to her, that is a majority, therefore, a supermajority has  
to be more than a simple majority; that is where she is looking at it from; she knows Chair  
Zonka is talking about a vacancy; however, she has not found anything in reference to  
vacancies at this point. She advised she can keep looking.  
Chair Zonka remarked she is sure it is out there.  
Commissioner Smith asked if the County could reach out to the Attorney General.  
Attorney Jorandby advised she did speak to the Attorney General briefly on it just about what  
she needed to make sure to submit with the packet, but they will not give anything official  
unless she submits something.  
Commissioner Smith commented so the Board is on its own.  
Commissioner Pritchett stated maybe reaching out to other counties to see if they have been in  
this predicament and see what they have found.  
Attorney Jorandby mentioned she knows Osceola County has, she believe pretty recently; she  
can reach out to them; she believes one of her attorneys in her office might have done some  
research on that as well; but she cannot recall how that occurred and what kind of vacancy that  
was.  
Chair Zonka added anything additionally that Attorney Jorandby can find out just to make sure  
exactly, that the Board is doing exactly the right thing.  
Attorney Jorandby responded okay.  
Commissioner Smith asked Commissioner Tobia what he is thinking.  
Commissioner Tobia mentioned he tries to stay out of these issues that are steeped in legal  
opinions as he has not attended one day in law school; he would defer to the County Attorney  
on this one and go from there; if the Board decides to send this up to the Attorney General he  
is more than willing to do that; he just thinks the County Attorney has been pretty clear that she  
will get no answer back; and he just wants the Board to be prepared for that.  
Chair Zonka noted that is the first she has heard of it, is in this public meeting; and no one has  
told her that information until Commissioner Tobia asked the question.  
Commissioner Tobia stated he did not know; he just wanted to make sure that there was not  
only the time frame and that she got that; and he just totally wanted to make sure.  
Chair Zonka commented well if they are not going to answer the question it seems like a  
wasted effort.  
Commissioner Smith stated that boggles his mind that they would not because that puts the  
Board on the hot seat; all it is looking for is some direction; and to him it should be a simple  
answer, otherwise the Board is left to make the decision.  
Chair Zonka stated it would be nice if there was some case law.  
Commissioner Pritchett commented there has to be some case law somewhere.  
Commissioner Smith responded one would think.  
Attorney Jorandby advised there is limited case law; the was one particular case that she has  
that is essentially an old case from the 50’s and it involved a statute that actually involves  
zoning, where they required three-quarters of a vote by the Board; the attorney of record at the  
time took it to mean the members present and the case law was no it has to be three-quarters  
of the actual Board as it was constituted; that was the one case; but once again it was an old  
statute that has been long overturned and they are just not clearly on point.  
Commissioner Pritchett mentioned once again that is somebody missing again and not just a  
four member Board at that time; and she asked if that is correct.  
Attorney Jorandby stated she does not honestly recall if it was a vacancy or if it just said there  
were four members present instead of the five and then they did not have the full  
three-quarters vote.  
Chair Zonka stated that she can understand because there is somebody that is filling that seat,  
like there is an elected person that is fulfilling that role; when it is vacant there is no choice in  
the matter; she thinks maybe Attorney Jorandby should just keep digging; and she would not  
recommend that she ask for an Attorney General’s Opinion if she does not believe that they will  
give a response.  
Attorney Jorandby commented they would not say one way or the other but it was indicated to  
her that it could be considered totally a local issue; and they really want to see something  
addressed with a State statute or some State-wide issue, is really what their purview is under  
their State authority.  
Chair Zonka commented there is not much the Board can do.  
L.6. Curt Smith, Commissioner District 4, Vice Chair, Re: Board Report  
Commissioner Smith stated he just wanted to report and asked if Ian Golden, Housing and  
Human Services Director, wanted to fil the Board in on the lady that was here the other night,  
Ms. Barbara Perry.  
Mr. Golden stated his department has had contact with Ms. Perry and she submitted an  
application for rental assistance program; she has been assisted as of about an hour ago they  
have gotten her into, through the program funds, into a hotel; and they will cover her for  
approximately the next month while she works through trying to get disability.  
Commissioner Smith thanked Mr. Golden for doing that for her; he noted she really seemed to  
be somebody that was desperate for an answer and a good person; she was just caught in a  
vice kind of; and Mr. Golden came to her rescue. He pointed out that there was a big thing with  
the Brevard Justice Ministry Monday night; the article wanted to throw the Board under the bus  
because the Board members each had different reasons for not being there; and he wants to  
point out in public that he made Mr. Golden available to them if they wanted answers. He went  
on to say, he will go on the record when they asked for low income housing information, what  
he knows about low income housing could fit in a thimble and there would probably be some  
room left over for the Miami Dolphins; he knew nothing so, had he been available, he might  
have gone but he would not have been any use to them because he has no knowledge; Mr.  
Golden had all the answers; they were not interested in answers; and it seems to him, in  
hindsight, they were looking to point fingers. He added he does not know if the media is here  
but that is a stark report on his part because he was annoyed.  
Chair Zonka commented that was the same what she felt; she had already agreed to meet with  
those folks in her office weeks earlier; the appointment was scheduled; they were meeting with  
Jordan Chandler who is her Charter appointee who is putting forth the work force housing  
initiative; but instead of working with the office they took the opportunity to say nobody came.  
She noted some of the Board has to work; some of the Board members have three kids in  
college and they want to make sure they are paying their bills as well, just like them; and the  
Board Members cannot just go to everything, but that does not mean they do not care. She  
mentioned that was not fair to the Board; if she did not care about workforce or low-income  
housing, she would have cancelled the meeting; her office had been working on it for months;  
but she would guess they were not interested in that.  
Commissioner Pritchett commented she works at a church and her church does outreach too;  
she thinks when these churches come together it is wonderful; something her church did was  
buy an apartment complex, so they are responsible for housing groups of people and if these  
churches want to help, that might be something they can do, apply funds and be directly  
housing people; this group from the emails and responses she saw, became a very big political  
thing; and if people pickup projects, she hopes they run with them and do well; personally she  
does not pick up other people’s projects, as she has enough of her own, unless people want to  
help with some of her projects, that would be good; but the overall goal is to help people and  
get them in homes. She went on to say when people start getting political and they start doing  
all of this mess then nobody’s going to get any help; and it was just so inappropriate.  
Chair Zonka responded it is inappropriate because the person that kind of went on the attack  
has never once asked for a meeting in her office, or a phone call.  
Commissioner Pritchett noted if they want to talk to us and they want the five of the Board  
Members to show up, they are at these meetings.  
Chair Zonka interjected this person never wants to talk about ideas and never wants to have a  
sit down discussion; it is sad when there are members of other political parties that are afraid to  
talk to you because they will get chastised by the so-called leaders for working with  
Republicans; the Board will get the work done in spite of the misinformation that is out there;  
and it will prove to them it can still get the work done.  
Commissioner Pritchett reiterated if churches want to do it, it is a really good idea; it is what her  
church has done; it does not take a whole lot of funds, just buy an apartment complex that is  
empty and house people; that is what they can do; and it is a good thing to do. She stated  
unless they want to bring the Board all their money and it will find places to put it, she would be  
glad to help with that administrative act too.  
Chair Zonka stated on a more positive note, she has called Mr. Golden after work hours and he  
has been helpful to her in different personal situations with people that have come into her life  
either through her other job or just members of the public; she appreciates him and she hopes  
he knows that; and she hopes that she says thank you enough.  
Commissioner Smith commented he thinks the entire Board appreciates Mr. Golden; he goes  
above and beyond; and he is a real asset to the community.  
L.5. John Tobia, Commissioner District 3, Re: Board Report  
Commissioner Tobia stated he is the only one that met with these folks; he met with them twice  
for an hour and one-half; they recognized a problem which they do not get any credit for; it is  
everywhere and none of the Board is denying this; he tasked them with looking at the County’s  
budget; he provided them with a copy of the County’s budget six weeks ago and asked them to  
please identify things in the County’s budget that they would prioritize less than affordable  
housing, because he does not think the Board is going to pass a tax increase; and he  
explained to them this is how he comes to the Board, like let’s pay the employees more money,  
but he does not say that, he says here is a way in order to do that. He went on to say he does  
not want to say just flat out raise taxes, they are more than welcome to do that, but at least they  
could come to the Board and say they want to raise taxes and this is where they want them to  
go; they said they did not want to do that; he tasked them with going through the budget and  
they came back five weeks later to my office; he was ready for how they were going to find that  
$10 million; they had a plan and it was to find a staff member and have the staff member go  
through the budget and do that; and he asked if that was the work product they had in six  
weeks. He noted he was absolutely disgusted with their lack of empathy that they claim to  
have, but they do not want to work and that is disgusting to him; then they get to this meeting  
and they claim that the Board Members do not show up; it is very easy to show up, what is hard  
is to do the work; and they just did not want to do the work. He continued by saying his office is  
open but they have to do one of two things, either say they want a tax increase, there is nothing  
wrong with that, he will not vote for it, but at least be honest; or say parks are not that  
important, he apologized to Mary Ellen Donner, Parks and Recreation Director, but they want to  
cut parks budget in order to do this; he added there will people who will come up and say parks  
are more important; he thinks the Board will agree that low-income housing is very important;  
there is an influx of more than $20 million that can help right now; and he reiterated, there is  
more than $20 million that can help right now for housing. He commented the County is not  
going to buy anyone a house; the Board has no control over the market; he will task them or  
anyone else please go through the County’s budget, it is online; he is more than willing to send  
anyone a copy and have anyone come to the Board and tell them anything, not just low-income  
housing, what they think is more important or what they would prioritize more; it may not be the  
Board’s priority but at least they would come prepared and provide a suggestion, he thinks the  
Board will listen; and what they will not listen to is, get staff to do that, because quite frankly  
that is not staff’s job, it is the Board’s job as policy makers to make those decisions. He advised  
if something is a priority to someone, then they can go through the work and do it themselves;  
he mentioned again that he was the only one who wasted an hour and one-half; and the best  
part of that time was the four minutes that they prayed, but everything else was unfortunately  
an absolute waste of time. He stated he was absolutely disgusted that they got up there and  
said the Board did not care and that it did not show up; the reality is they did not show up; he  
reiterated his office is always open if people come in with a plan; he actually told them what  
they needed to do and they neglected to do that; shame on them; and if they want to run to the  
paper instead of doing the work they are more than willing to do that but they will not get much  
sympathy the Board. He went on to say he has two things real quick and then one that may be  
a bit longer; this was dealing with the North Brevard Public Library Advisory Board and the  
South Central Brevard Public Library; these are both the ones that Commissioner Pritchett  
asked the Board to increase the membership from 10 to 12; he made a mistake and did not say  
where those extra two were coming from so he is going to make two motions to say that those  
two extra individuals go to District 1; and he motioned to amend Resolution dealing with North  
Brevard Public Library Advisory Board when it was said 10 to 12, those extra two are assigned  
to District 1. He noted there are no changes other than saying the extra two go to District 1.  
The Board adopted Resolution No. 22-043, amending Resolution No. 22-042, creating the  
North Brevard Public Library Advisory Board, consolidating the Port St. John Public Library  
Advisory Board, Mims/Scottsmoor Public Library Advisory Board, and the Catherine  
Schweinsberg Rood Central Library Advisory Board into the newly created North Brevard Public  
Library Advisory Board; rescinding Resolutions 90-081, 90-082, and 97-249; approved  
increasing the total number of members/appointees from 10 to 12; and approved assignment of  
the additional members/appointees to District 1.  
Result: APPROVED  
Mover: John Tobia  
Seconder: Rita Pritchett  
Ayes: Pritchett, Tobia, Smith, and Zonka  
John Tobia, Commissioner District 3, Re: Board Report  
Commissioner Tobia continued on by saying he is not going to ask for a motion but  
Commissioner Pritchett brought up some very worthy issues when it came to an extra board so  
he has a couple options that his office worked on so as the Board moves forward at the next  
meeting, it will go a little more smoothly; and it would not be a meeting if he did not have any  
handouts so he has some handouts with option one. He stated option one expands the number  
of seats from the 10 to 18; the reason he chose 18 is this takes everyone that is currently on  
the board and allows them to transfer directly over to that new board so no one is left out  
whatsoever; on the handout it shows the distribution of seats; he has two more options; what  
the Boards argument for that is going to be those members on the board, the Cocoa West  
Recreation Board, while they have a majority of votes on that one that would be diluted when it  
came to the larger board; and he provided another handout for option two. He went on to say  
option two says, with anything dealing with specifically the Cocoa West Recreational Complex  
requires all five Board members to come together and if they vote unanimously then it does not  
matter how the rest of the board votes; in other words, as seen in this one, if one through five  
say they want X and all the remaining 13 say they want something different, it does not matter  
that Board would get their way; therefore it does not dilute any of the members. He advised he  
even went to an option three because there are issues hitting the unanimous mark, therefore,  
he spent a little time and provided an option; this option does not need unanimous support; any  
three of those members would have the ability to enact any sort of change; this would not dilute  
the votes and would certainly, in fact for the Cocoa West Recreational Advisory Board, it would  
empower them to have more votes when it came to things dealing with, not only their individual  
complex, but those of the District 2, Merritt Island Couth Beaches, as well as the Parks and  
Recreation South Area Advisory Board; and he reiterated he is not looking for any motion he is  
just throwing out options that would consolidate all these boards but leave voting autonomy for  
those groups.  
Commissioner Smith inquired if in other words, with District 2, if it was their issue they would  
need four votes and it would not matter what the other two entities voted; and he asked if that  
was correct.  
Commissioner Tobia replied no; he explained Commissioner Pritchett was very concerned and  
rightfully so, with the Cocoa West Recreational Complex Board; when it comes to issues  
pertaining just to the Cocoa West Recreational Complex Board they would vote, everyone  
would vote, but if they got any three of the five it would not matter how everyone else voted; the  
thought is if the Board through everyone together all 18 votes together, they could vote  
unanimously and lose; and he does not want to dilute their vote, but he wanted to make sure  
that it was consolidated to save resources.  
Commissioner Smith asked if the same reasoning would go into District 2 and/or Parks and  
Recreation South area.  
Commissioner Tobia noted he is more than willing to do that.  
Commissioner Smith noted he like the thought pattern and he is just saying why not use that for  
all three groups.  
Commissioner Tobia remarked he wishes he would have thought about this before because he  
would have used that same logic and created one Parks and Recreation Board; he would have  
said they would meet 12 times per year at this office and basically like the United Nations, there  
is a council that has the ability to veto anything, and done it that way; the problem with that is  
this issue did not come up until Commissioner Pritchett mentioned it and he took it to heart  
because he thinks it is valid; he was just trying to find a way to meet the needs she enumerated  
as well as fit the goals by having a single consolidated board; and he thinks any one of the  
three will do it. He noted these are just options that he could come up with in the last 48 hours;  
he is not asking for a vote; he just wanted to throw out options and if anyone has any other  
options, he is just letting the Board know he is willing to work with any of these three; he is  
willing to work with other things as well; and this is just a starting point.  
ADJOURN  
Upon consensus of the Board, the meeting adjourned at 5:52 P.M.  
ATTEST:  
_________________________  
RACHEL M. SADOFF, CLERK  
_____________________________  
KRISTINE ZONKA, CHAIR  
BOARD OF COUNTY COMMISSIONERS  
BREVARD COUNTY, FLORIDA