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Video-1: youtube.com/watch?v=CmPbfQIMXFo

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Good morning everyone and welcome to the August 4, 2026 board of county commission meeting. >> It's on my technology. put it up upstairs. >> We will have the invocation by Reverend

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Tim as well as the pledge of allegiance by Vice Chair Moss. And we will continue. Please rise. [clears throat] >> Thank you for the opportunity to join in prayer today. Let us pray. We come before you,

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Almighty God, with grateful hearts, acknowledging that all good gifts come from you. Thank you for the privilege and the blessing of being able to be a part of this wonderful community. We pray this day for all of our families, our neighborhoods, our businesses,

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farms, for our waterways, beaches, and all our community, and particularly for our family and children as they begin school this coming week. We ask for their safety, wellness, and growth. We ask for your presence in this meeting.

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Grant our commissioners wisdom in their discernment as to what is right, as to what is just, and allow us all to know that the greatest among us are those who are humble enough to serve. We thank you

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for our commissioners who are willing to serve, willing to care for our community, and we ask that as they make good decisions that we would follow and continue to grow our community in strength and stature. We pray particularly for our first responders,

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law enforcement officers, firefighters, healthcare workers, teachers, military personnel, and all of those who serve this community. Grant them peace, grant them protection, and grant them your grace. All this we pray in your

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name. Amen. >> Amen. Thank you, Re. >> Beautifully said. Uh this Friday, August 7th, is National Purple Heart Day, which in which we give special recognition to troops that were wounded or killed in combat. So I'm going to take this

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opportunity to acknowledge that and to thank all of our veterans and active military. So God bless and please join me in the pledge. I aliance to the flag of the United States of America and to the republic for which it stands. One

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nation under God, indivisible, with liberty and justice for all. [clears throat] >> Thank you, Reverend. Thank you, Commissioner Moss. Uh just so everyone knows, we will be taking a pause at 10:30 if the meeting

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goes that long to attend the funeral of one of our fallen [clears throat] firefighters. God bless him and his family for sure. That brings us next to uh any additions or deletions commissioners of today's agenda. >> Mr. Chair, move approval.

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>> Mr. Chairman, uh 5B, the proclamation for the dogs for life. They would like to do that next meeting. Right. They have canceled that and the dogs for life proclamation will in fact be next week. Thank you, Mr. Administrator. [clears throat] We have a motion. >> So amended.

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>> We have an amended and we have a second. All in favor? The motion carries. >> Next commissioners is a proclamation uh recognizing 50year anniversary of the Treasure Coast Regional Planning Council. And just so you know, the

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Treasure Coast Regional Planning Council is utilized by uh virtually every municipality in the Treasure on the Treasure Coast to include Palm Beach and the counties. And Commissioner Adams has that honor of reading the proclamation.

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>> It is an honor. Tom, you want to come on up >> while I read the proclamation? [clears throat] This is a proclamation celebrating the 50th anniversary of the Treasure Coast Regional Planning Council. Whereas the Treasure Coast Regional Planning Council, TCRPC,

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was established on August 19th, 1976 through an interlocal agreement among Indian River County, Martin County, Palm Beach County, and St. Lucy County to address issues of regional importance. And whereas Indian River County is a proud member of the Treasure Coast

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Regional Planning Council and has benefited from its leadership in fostering regional collaboration and coordination. And whereas for 50 years, TCRPC has brought together elected officials and regional leaders to address complex challenges affecting the Treasure Coast

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region and to promote cooperation across jurisdictional boundaries. And whereas TCRPC provides valuable programs and services including urban design and town planning, economic development, transportation and land use planning,

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emergency preparedness, natural resources planning, and administration of the brownfields revolving loan fund program. And whereas through these efforts, TCRPC has supported substantial growth, environmental, I'm sorry, sustainable growth, environmental

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stewardship, economic vitality, and regional resilience for the benefit of its member counties and municipalities. And whereas TCRPC has served as a trusted partner to Indian River County, providing technical assistance, planning expertise, and a forum for addressing

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regional issues and opportunities. And whereas the year 2026 marks the 50th anniversary of the Treasure Coast Regional Planning Council representing five decades of dedicated service to the region. Now therefore, be it proclaimed by the Board of County Commissioners of

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Indian County, Florida, that the Board of County Commissioners hereby congratulates the Treasure Coast Regional Planning Council on the occasion of its 50th anniversary and commends its long-standing service to the Treasure Coast region. adopted this fourth day of August, 2026 and signed by

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all five county commissioners. And um Tom has been with the planning council for ever. [laughter] >> Not the 10 years, >> 10 years, but um many of us up here have had the pleasure of either holding a

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seat on the planning council either through our city work or county work or participating in any of the numerous educational opportunities and sharetses um that the planning council has done in the community. and we just want to thank you guys for your continued support of

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um you know communities and sustainable growth and helping us get educated on what's going on regionally. We appreciate >> Thank you. And I and I appreciate it very much. Uh um I'm I'm happy to represent uh your regional planning council here today. Uh and uh it's [clears throat] been a wonderful

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partnership with Indian River County over the years. All the different opportunities you've given us to help uh the community and uh interact with you all. So really appreciate it and uh we're happy uh keep on going. Right. So >> thank you. >> 50 more. >> Thank you. >> 50 more to go.

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>> Yes. Yes sir. Mr. >> Chair [applause] and >> did you want to [applause] >> What do I do? >> Come on up and we'll take a picture [clears throat] >> here. >> Y in front there used to be [cough]

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>> We need to put a star. Yeahollywood little closer >> so this is for our 50th anniversary. >> Thank you. >> [snorts] >> Thank you. >> Gonna say that when I was Liberty County attorney

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was >> Yeah. [clears throat] >> Thank you, Tom. >> Commissioners, moving on. We have the approval of the minutes since uh we last met. We have a a volume of minutes. I

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will entertain motions to >> Mr. Chair. >> Commissioner >> move approval for the minutes uh reflected in item 6 A, 68 B, 6 C, and 6 D. >> Second. >> We have a motion. We have a second. We

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have any further discussion hearing? None. All in favor? I. Commissioners, next items areformational items that hopefully you've received electronically and you've had an opportunity to read them at your leisure. Any discussions on any of theformational items?

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Hearing none, that brings us to the public comment. Uh agenda related matters. Anyone in the public that would like to speak to anything that is agenda related? If not, you will have the opportunity to speak about anything at all at the end of the meeting.

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Seeing none and hearing none >> commissioners that moves us to the consent agenda >> I will yes ma'am >> speak >> on what matter >> on community >> that would be at the end

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>> thank you commissioners we have the consent agenda in front of you what is your pleasure Mr. Chair, move approval. >> Have a motion to approve by Commissioner Flesher and a second by Commissioner Adams. Any further discussion? Hearing

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none, all in favor? >> I >> I and the matter passes unanimously. >> That's quite a bit. Commissioners, next up is constitutional officers and governmental agencies. The capital improvement budget amendments for the new sheriff's office administrative

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building and jail pipe project. Mr. Tatanic. >> Sir, I'm going to turn it over to Amy Cooper, the CFO for the Indian River County Sheriff's Office. >> Good morning, administrator. Good morning, chair. Good morning, commissioners. Pleasure to see you. I

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wanted to start off by clarifying that in the memo that we presented, there is no financial impact to fiscal year 26, there are no budget amendments that are being asked for for fisc school year 26. What we were trying to do is be proactive for fiscal year 27 with, as

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you know, the standard process of the CIE submissions. We submit in October, it's reviewed and approved in January. That's the standard process with our new building administration and the jailpipe um project. We're expecting those to be

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substantially if not fully completed prior to your all's review of this and approval of the CIE in January of 27. So we're attempting to be proactive by coming to you for the budget amendment for the two projects to for the increased costs. Um I am here from the

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agency. Deputy Chief Kent Campbell was supposed to be here as well. Uh, I do have with me uh Angie Vidder with M MBV um and Nick Ends with Wharton Smith. Should you have any questions related to

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the new administration building project, specifically the drainage um the drainage pipe increase that that we've submitted. And then I have William Downey with Florida Plumbing and Todd Thompson with Thompson's Remodeling. if you have any questions about the jail

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repipe chase project. But we're happy to answer any questions you may have. >> Commissioners, any questions on the CIE of the sheriff's office? >> I don't know if this is a question for Amy or for staff, but

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I'm confused. You're asking for a budget amendment for the budget that hasn't been passed yet >> for this for the CIE for fiscal year 27 and in discussions with um the budget director and uh the budget I'm sorry I

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don't know Lisa's full title the budget uh specialist or assistant they thought it would be best to come before you all again because of the timing of when we'll run out of funding during fiscal year 27 in comparison to when you all would be reviewing and improving the CIE

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schedule. >> Okay. I mean that's that just that doesn't seem to make sense, >> right? What I understand, Commissioner Adams, is uh certain dollars of the CIE weren't moved forward. So now we are going back to

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make sure that those are accomplished. separate and distinct is the improvements in the jail. Uh which we have documentation in fact >> that uh they discovered more u issues

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>> whatever needed help rot if you will in the pipes and and whatnot. I think the primary concern today is the is the CIE and I've spoken with administrator on that. He would like to offer some clearer light on that. I think what they're seeking to accomplish is just

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advise the board and we will make the appropriate adjustments in the upcoming CIE. But there was some u inadvertent emission on the carryover. And it looks like if you in the backup documentation

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that the jail or excuse me that the administration building was uh is 12.7 million. But in actuality uh when you do the carry forward that was um inadvertently omitted it really

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is actually 20.4 million. not including the additional 2.2 million related to the drainage improvements that were a condition of the Indian River Farms water district permit that uh that needed to be completed. And then as it

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relates to the to the jail pipe chase project from my reading of this is well there was funds allocated to this project it's in the CIE that and you can correct me if I'm wrong there was another emission in the the budget of

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$400,000 that wasn't included. Uh but since then with having engineering go out and look at and do what they had to do because they they were advised by the farms that certain culverts and the drainage systems were not operating

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properly. But they issued them a permit to move forward with their admin building. They subsequently worked on the project from an engineering standpoint and once they got the engineering design and everything approved the amount came in in to the

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tune of about $2.2 $2 million. And so they are advising us and we will I think to her point is that prior to the CIE approval. So maybe it's really amending the current CIE if you will versus next

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year's CIE because this we won't be taking up next year's CIE until like December, January. Um, so the point being is that she's just trying to advise us and we can amend the current CIE which reflects these expenses in for

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October of beginning on October 1st. Would that be correct? >> Yes, sir. >> Does that better make it I mean I'm not sure makes it more palatable for the board, but I'm saying >> I mean >> understandable. It makes more procedural sense because you can't amend something that hasn't been approved otherwise you

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just >> so my recommendation would be >> different amend the sorry about that to amend short enough uh the amend the current CIE to reflect these expenditures appropriately in the uh

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future years which would be for next year >> Mr. Yeah. >> Yes, sir. Which by the way, I don't know that has ever been done, but Yes, sir. >> No, no. And and it is unique uh but uh once again uh at at this project uh uh

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just to give the uh uh analogy that uh where do we change the line at the 50 yard line? So, uh, once again, uh, to get the the sheriff, uh, to be able to complete this

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project. And, uh, listening to the county administrator as well, I think it's most appropriate to approve as requested so that we can move this forward and have the placeholder for the funding.

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>> I have a motion. I'll second that. discussion is also that keep in mind that uh that facility as well as the jail belong to the county belong to the taxpayers. So we may not be having as extensive

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discussion if this was a library or a swimming pool. So I'm proud to second that. We have a motion. We have a second. Do we have any further discussion? >> Hearing none. All in favor? I >> I motion passes unanimously. Thank you

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for your time. >> Thank you all. >> Measures, that brings us to the first of four public hearings. Uh this involves housing services and this is legislative in nature.

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Uh so let's keep that in mind and we will begin with the presentation by staff. Good morning. Welcome. >> Good morning chairman Lure and commissioners. For the record, Stacy Bush, housing services manager for the housing choice voucher programs. Today's item relates to housing choice voucher

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programs annual public housing agency plan requirements through US Department of Housing and Urban Development commonly referred to as HUD. Any River County Housing Services is classified by HUD as a qualified public housing agency

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because we administer fewer than 550 combined vouchers and maintain a high performer designation under HUD's Section 8 Management Assessment Program or Cap. Our most recent CAP score was 96%.

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Currently, our agency administers 421 federally funded rental assistance vouchers, including 351 housing choice vouchers, 64 HUD VASH vouchers serving our nation's veterans, and six emergency housing vouchers. We are especially

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proud that HUD recently awarded Indian River County five additional HUD vouchers, HUD VASH vouchers, allowing us to expand housing assistance for veterans experiencing or at risk of homelessness. As a qualified PHA, our

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county is exempt from submitting a full annual PHA plan. However, HUD still requires the agency to complete the annual public participation process, including a 45day public review period, a public hearing, and submission of the

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civil rights certification form, HUD 500077CR. There are no proposed changes this year in or to the Housing Choice Voucher Program's goals, objectives, or policies associated with this submission. The

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required public notice was properly advertised and the HUD 500077CR certification documents were made available for public review in accordance with HUD requirements. At this time, staff requests that the board

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open the public hearing and receive any public comments. >> Thank you very much, commissioners. As this is a public hearing, I will now open the public hearing. Any comments regarding HUD? This is an annual exercise and we are very proud that we're greater than 90%.

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As Miss Bush has mentioned any public comment hearing none and seeing none, I will now close the public comment opportunity. Commissioners, what's your >> move approval? >> Second. >> Have a motion by Commissioner Adams and

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a second by Commissioner Flesher. Any further discussions? Hearing none. All in favor? I. And the motion passes unanimously. Good job. >> Thank you. [clears throat] >> Commissioner's next public hearing

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involves uh our SHIP program, our state housing initiative program, consideration of the New River County Attainable Housing Trust ordinance. This again is also uh a public hearing and we will start YC Mississippi. Welcome and good morning.

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>> Good morning, commissioners. Thank you. So, we have a presentation that we're going to have. It's a short presentation to explain what the attainable housing trust is that we hoping the ordinance will be approved today. Okay. So, we're going to look at the legal framework, the ordinance overview

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and the implementation process of the affordable housing trust. So, the ordinance establishes a locally controlled attainable housing trust for fund focused on land acquisition, land banking, and partnerships with for-profit and nonprofit organizations.

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It supports affordable and attainable housing development. Okay, thank you. Uh, so the legal authority is through the Florida Constitution, article 8, the home rule, chapter 125 of the Florida statutes and authority to create special revenue

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funds and support housing initiatives. the relationship to ship. So this is a separate uh fund from the ship local housing assistance program but it aligns with ship best practices. It will be administered by the ship administrator but will maintain independent accounting

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and compliance. So while the ship program operates under local housing assistance plan, the trust fund would maintain separate accounting compliance and reporting requirements. The public purpose of this fund is to have affordable housing is recognized as

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public uh purpose authorized under section 125.379 of Florida statutes which encourages counties to identify and use surplus county owned lands for affordable housing purposes and it supports workforce housing and economic

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stabil stability. So what are the revenue sources for this fund? Uh we're hoping for voluntary developer contributions for incentives, board designated proceeds from the sale or disposition of county owned properties, grants, donations, interlocal contributions, interest

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earnings on the trust fund balances as well as private philanthropy donations. The permitted uses. So the permitted uses for this uh trust fund will be land acquisition and land banking. Property conveyance for pro uh for profofit and nonprofit organizations. Administrative

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costs will be kept at 10%. The governance structure. So at the top of the uh trust fund will be the board of county commissioners. They will have the final authority. The community services department through ship administrator will administer the program and coordinate any events. The

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AHACK will provide an advisory role. Planning and development will review and assess uh review and assessment of properties to be acquired. Finance, county administration and county attorney will have over oversight and compliance. So we will have an RFQ process. Uh so

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this will be done through the community services by the ship administrator. We'll develop and publish an RFQ to create a register of development partners. They can be for-profit or nonprofit organizations. The AHACK will review the RFQ and make recommendations

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for eligible development partners to the BOCC and then the BOCC will approve eligible development partners to be added to the register. So this will be done on an annual basis but once you've registered you can be on the register I think it was for 5 years.

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the disposition process. So we do have a workflow for the disposition process where the property becomes available through either foreclosure, code enforcement, donation or purchase. The disposition process, the county attorney's office will verify title

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status. They will draft acquisition and conveyance language, planning and development. Will evaluate location, zoning, infrastructure viability, assess development feibility. The county attorney's office will secure BOCC authorization to purchase or accept property and will record county

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ownership. Uh planning and development will then classify property as surplus and designate for attainable housing. The ship administrator and community services will schedule to meet to present available properties to the AHACK. The Ahack will offer available

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properties to partners on the register of uh ranking by uh highest scoring agency. Procurement and ship administrator will then coordinate the property conveyance through the uh following BOCC approval affordability controls. So there will be

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recorded affordability convenience income limits and compliance requirements long-term affordability protections. So this will be a 50-year lean so that it remains affordable for the 50 years. The developers will be responsible for ongoing compliance following conveyance

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risk mitigation. So this helps the county avoid construction and lending risks. It limits county exposure to land transactions, uses established governmental functions and ensures legal and financial safeguards. We also have financial controls through

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a special revenue fund and compliance with Florida statutes. What are the safeguards? The BOCC retains final authority recorded affordability convenence, annual compliance reporting, limited county

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financial exposure. In conclusion, so this will minimize county risk while maximizing attainable housing impact. It will support long-term affordability goals. It will encourage private uh public private partnerships. At its regular meeting on

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May 27th, the AHACK voted unanimously unanimously to recommend that the board of county commissioners approve the draft ordinance to establish an attain attainable housing trust and that's all we have. >> Thank you, Cippy. So, commissioners,

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this is actually another tool if you will for our toolbox. It is a trust that allows us like other counties and municipalities to have a mechanism in place. For example, if someone uh would would

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like to like Commissioner Man when he retires donate $100,000 for affordable housing, we will certainly accept it >> everything >> and we will put it in the trust and it will be policed as if we do the current ship program. Um, so we're very proud of

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that. Commissioner Adams, I know you have experience in this as well. >> With that, we will now open the public comment for this matter as it is legislative in [laughter] nature. Any comments about

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this fantastic program that previously did not exist in the county? Hearing none and seeing none, I will now close public comment. Commissioner Flesher. Uh, I I just want to say that Commissioner Herman just said that I was retiring before him, so I might want to

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set up my commitment as well. >> Uh, and uh, we'll take a look at that. Motion to approve. >> We have a motion by Commissioner Flesher, a second by Commissioner Adams. We thank you for all your hard work, Cy and Cindy and the others.

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>> Any further comment for discussion? >> Hearing none. All in favor? >> I. And the motion carries. Thank you. >> Thank you. [applause] That's huge. That's very much of an achievement. >> Commissioners, next before you is legislative in nature as well. This is

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the final assessment resolution for Rainree Corner Subdivision Colbert Placement Project. Uh before us, I see Assistant General Counsel Chris Hicks. Good morning. Welcome. >> Good morning, chairman. Good morning, commissioners. We are here for the final

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resolution hearing on Rainree as you stated. If you recall, we've been here a couple other times setting some rates, setting the project, and happy to say the project is almost done. It looked completed, but then when we went out and looked at the roadway, the final finish, it wasn't acceptable to the county. So, they're having them redo it and make

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sure that it's actually done to the same standard that we would have all of our roads done to. And according to Ron, that should be done in the next few weeks. They're working on it now. But, we are here to set the rate to have the final resolution. and it's staying the same as it was last time we were here. We're asking the board to open up for

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public comment and then approve it afterwards. >> Thank you. Anyone? We'll now open the meeting for public comment with respect to Rain Tree. Anybody has any questions, concern, please state your name and address for the record. Good morning. >> Good morning and thank you all very much

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for your service. I'm pleased to be here and I appreciate the opportunity to address you all. I have given a written copy um and asked for it to be record. Um, I'm here. My name is Sheri Epstein. I'm a resident of Ra Rainree Corners and

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I reside at 11:06 54th Avenue in Vero Beach and thrilled to be a member of our community. The Rainree Corner subdivision property owners are here today to make public record and communicate to the board uh that it is

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our desire to challenge and dispute the phys fiscal responsibility of the replacement and enlargement of the Culvert infrastructure. And the dispute is basically regarding enlargement at the intersection of 12th Street and 54th Avenue. And I'll give you four pointers

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as to what we're disputing, if you will. The property owners of Raintree Corners are requesting to establish a mutual drain doctrine and a public purpose. Under Florida's common law doctrine of mutual drains if the public infrastructure relies on this covert to

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prevent localized road flooding, the county cannot shift 100% of the financial burden to private land owners. We challenge the right of way and demand a review of what, if any, of the original 34 feet of covert pipe sits on

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the public versus private land. In addition to that, we are requesting a cost sharing agreement where the county absorbs a percentage of construction cost and materials matching the public water volume that is managed down 12th

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Street in Indian River County. In addition, the cost of the larger size of the culvert is a clear benefit to the county, which also increased the scope and the cost of the project. We request that Indian River County ensure the culvert against future

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accident, damage, liability, and destruction. And we are asking that Indian River County take into consideration full responsibility of maintaining the culvert, something that has never been discussed and is of concern to the residents. In addition,

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we are requesting Indian River County to ensure the remaining items on the punch list are completed and held to the highest standards. Let the record reflect, as this gentleman noted, the roadway entrance [clears throat] is not completed. It is less wide. It is not to

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code. Currently, the road surface collects puddles of water. It's not draining properly. There is leftover debris and unfinished work to be repaired along 12th Street where the contractor vehicles and mechanical equipment damage the road surface and

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the and the surrounding areas. I will not bore you all with more verbiage. I have a a closing statement that I just want you to be aware of. It's all in written form and as I mentioned filed. In conclusion, as residents of Indian River County, we wish to give the board

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of directors and their representation every opportunity to rectify the lack of communication and ownership of the issue they work to resolve. We want to clearly state the residents of Rainray Corners have come here in the spirit of

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compromise. We await to hear the percentage of responsibility that the county agrees falls under Florida's common law doctrine of mutual drains, acknowledging and assigning a percentage of public water volume that is managed

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down 12th Street, therefore benefiting the control of water flow in Indian River County. Thank you for including this into the meetings and I greatly appreciate your consideration. I am a full-time employed employee and I had to take time away from a brand new job. So,

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I really appreciate it. >> Well, we thank you for your time. Any further discussions from the public? This is a public hearing. Hearing none and seeing none, I will now close the public hearing. Commissioners,

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before you is the final hearing, I believe specific uh general counsel to the uh taxing issues, not specifically to the outstanding construction. >> Correct.

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>> We the project is not closed out until that construction is repaired and done to the standard that we require all construction to be done to. >> Correct. Uh and I also believe, Mr. administrator and general counsel that uh the assessments have been made

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and are currently being processed for the tax bills. >> Well, this would set those assessments. The initial ones were made and we sent the projected if the board approves it as it is. They have been sent to the tax collector and the property appraisers, but they're not final until they're approved today. Those have been sent and

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that is with the cap of $300,000 that the board approved at the last hearing. Correct. >> Which was because of some of the 12th Street issues. they were we were able to do that. I will point out that the covert sizing is completely up to river farms as is ownership and control of all of the canals in in our county that

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we're dealing with. This is not county property. The county is not responsible for it. I understand the concerns, but we have our own culverts that we have to do. They're all through a rightway permit with the farms, not with the county. And so the county is by their determination, by the farms determination what the size pipes are,

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and they know what they're doing. That's not our lane to get into what's necessary. Correct. And it's not our practice to maintain private covers after the construction as uh the kind lady mentioned. >> Yes, sir. We have we have more than we

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can handle just about for our own that we own. >> Correct. Yes, ma'am. >> I would just like to let the record reflect that there was never a meeting held or a vote held and our community was never involved or engaged. >> Can you come up to the We have to have this.

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>> Certainly. Apologies. I would just like to make the let the record reflect there was a meeting that was to be held in May and it was cancelled. We were never invited to a meeting where there was a vote. We were never involved in the discussion. As a matter of fact, a

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follow-up meeting took place and we we um communicated our concern and requested specific line item budgets so we can review the proposals. We did not receive them. There has been a lack of clear communication and involvement with

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us, the property owners, to vote on this. It is law. We have to there has to be a public vote. And there is not there there was a time that you went to the Vero Beach newspaper um communicating your intent to put a lean on each

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property for x amount of dollars, 21,000 something, without consent, without a vote, without anything. It was to our surprise that we stumbled upon it reading it in the local print. >> I believe early on there was a consensus

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by the residents. In fact, I think Mr. Hicks has documentation where the residents I believe signed off. >> No, there's no signature by any resident. >> The the resident that you're referring to that was kind of took lead on

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communication, his name is Joel Malinari. He's been traveling, so he's delayed this morning. His flight was delayed. Joel Molinari at no point at every point communicated our community was not in alignment and requested a

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meeting and specifically a vote and at no point did any person sign off or agree to the project. Just for >> just here just here to back it up. We have no >> If you'd like to speak name and address for the record, please. Mary Walinowski

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100006 54th Avenue and and all of us we never made con a contract the county and Shannidoa contracted alone didn't tell us anything we we were out of it now we're supposed to pay

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twothirds of the project and they pay onethird and they went into it with Shannondoa who ne has never done this kind of work before and we weren't told. This was this was we had no idea how you know

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what the deal was with the company that they picked. Nothing was said to us. And so now we're responsible for twothirds of the project with I think we should have to pay onethird of the project. They should eat twothirds. They should eat eat a third. Then that's being

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generous. And then we split the other third between us between the 16 houses. Besides the fact that if the county takes over that, if they're responsible for that, the way it sits now is we are

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responsible for twothirds. Not fair. We didn't go into contract. We were blind to everything. >> Okay. Our recent practice has not been to take over private property. Mr. Hicks, >> just for clarity, this started with the resident's request with a signed

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document from every owner that was provided by Mr. Molinari, but they actually we had a hearing last August where multiple people excuse me >> where multiple residents came and said asked the county to perform this. That was the only reason the the commission decided to do it. I understand there's

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been some concern and some they didn't some of the process seemed vague but when the county does a project we don't contract through third or fourth persons. We have to make that contract for legal purposes with the contractor who's doing the work because we are paying for it and then they are paying us back for that's what's going on and

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that is by law that's how it has to be done and that we've done everything we could do. We had a meeting in May with the residents and I understand that there still have concerns and I understand that we've done our best to keep costs affordable but unfortunately they were quoted a price originally that was far too low that did not include all

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the work that was necessary that was required by permits with the farms. >> Yes ma'am. Final comment. >> Thank you. >> In in respect of all of your time, final comment. Let it be known that our community solved for the issue of the

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collapse covert after obtaining bids and seeing how expensive it would be by um renting um industrial uh thick metal plates. That solved the issue for us. We need to

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tr traverse in and out of our street safely as well as provide that um ability for public use garbage trucks and everything. We were paying a monthly rental fee for the plate and the plates work just fine. What he referenced was

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never consent to move forward. It was consent for assistance [snorts] to to oversee what the situation was. You had a problem. We had a problem as a community due to negligence by the farm and water district. There was deferred

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maintenance, whether it was age or deferred maintenance. We had a storm come in. The water levels raised too high. And so we solved for it with rental metal plates and it it solved the problem beautifully. It could have stayed in existence. We paid $100 a month as residents. We would have made a

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decision and purchased the metal plates and put them in place to solve for it. If there was a water flow issue, that is for Indian River Water Farm District to solve for in my humble opinion. Thank you. >> Thank you. And understand that Indian

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River Farms is a regulatory district and they decide which culverts are in need of replacement, not Indian River County. Mr. Hicks, >> I have nothing further. >> Commissioners, before us, we have a legislative matter. We have a gentleman

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here. Name and address for the record. Good morning. Ward Gunner, Indian River Farms Water Control District Superintendent. I live at 2449 Fairway Drive in Beer Beach. >> Welcome. So, just to comment on a few of the items

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that have been uh spoke about this morning as far as the pipe sizing goes. In the late 80s, we had a stormwater model developed by Williams Hatfield and Stoner and Carter Associates, Inc. And

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in that storm water model, the the rainfall was monitored over several storm seasons and the stages in the canal were monitored as part of that project. And as a result of that work, the pipe sizing policies were

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established. Rainree corner exists in the first half a mile uh between lateral B and east of 12th Street and in that case it required 84 inch pipe. The previous pipe that was installed was unders undersiz and having an undersized

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pipe in the canal crosssection reduces the performance of the of the drainage and affects customers that are east of Rainree Corner. Mhm. >> Now, pipe materials. The second uh thing I'd like to address.

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The policy of the district is all pipes going into subdivisions need to be reinforced concrete pipe. We also have another policy that any pipe where impervious material such as concrete, asphalt, pavers or millings are going to be placed over top of the pipe has to be

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reinforced concrete pipe. We have this policy because in a storm event, if we have a pipe failure and there's concrete or there's asphalt over top of the pipe, then we have to remove the impervious surface prior to removing the culvert from the ditch. This takes

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precious time and it could lead to flooding, property damage, loss of life. These are policies of the district. Uh for additional background, if the roads are a county road, a public road,

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then the responsibility of the pipe replacement is on the county. In the case that it's a private road, the responsibility lies on the land owner or HOA. Um are there any additional things you'd like me to address?

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>> No, we don't own the land that the pipe sits on. Just so you know, you do know it is on that was confirmed [snorts] by the water district. >> In the in the case of 12th Street, the young lady has said that they don't own the land where the culvert exists. In

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the case of 12th Street, Iner Farms does not own that property. 12 Street is a reservation. Per platbook 2, page 25, St. Lucy County Records, 12 Street's a reservation. The farms was was given a 60-foot reservation.

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a reservation. >> Sure. >> We don't own the property. There's 30 feet there for a canal and 30 foot foot there for the county to have a roadway. So, in that case, we do not own the vegetation that exists on a canal bank.

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We do not own the property. We just have a reservation in there for our canal to exist anywhere in that 30 ft. >> Understood. And also know that as Mr. Gunther mentioned closer you are to the relief the larger the diameter of the

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pipe and as it goes east it gets smaller and and that as indicated by his statement that in fact was not the case when it was put in decades ago. So, commissioners, what we have today is to decide uh something that is is separate

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from the issue that the kind lady has brought up that uh will be handled uh directly with uh Miss Schuler and Mr. Hicks. But today's uh objective is to uh approve what has been discussed at least

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three other meetings. Commissioner Flusher, >> Mr. Chairman, um I I I realize that this is a tremendous u financial imposition, but looking at the facts and knowing uh

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how much time council is uh spent on this uh in different arenas. Um and the fact that uh again during the presentation we

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heard that the the metal plates were a fix. The metal plates are a temporary fix. They're never intended to be a permanent fix. So we have to take that out of the equation.

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And if the piping on private property was um improper or in failure, we have an obligation to move forward according to the water control districts assessment.

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Um I appreciate the uh presentation by Mr. Ker. um because it clarified uh why we're here and we have openly discussed this uh before the commission

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in a previous matter with that uh Mr. Chair. >> Yes. >> Motion to move. >> Second. >> We have a motion. We have a second. Motion by Commissioner Flesher. Second by Commissioner Man. Any further discussion on this topic?

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>> Yes, sir. name and address for the record, please. >> Yes. My name is Richard. Can you hear me? My name is Richard Manetti. I'm at 11:26 54th Avenue. I live in this air in the in the development.

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My question is kind of basic. My understanding is that the there were two bids that were made on this contra on this uh visit on this development and the one that came in lowest was so Shenandoa. All right. I don't remember what the

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other bid was but it was higher. However, in the contract that the county let for Shenandoa, it was open-ended. There was nothing in there that said that anything that was uh not counted for or some some anomaly. Uh there's no

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limit on what the uh contractor can come in and say they need more money. Normally contracts have a 10% maximum on a situation like that. And it to me it seems like Shannondoa now would

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have been the highest bidder. So, how do how do you guys uh reconcile the fact that you leave the contract open-ended? I mean, there was nothing in the contract that said any any anomalies

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that come up can be agreed to on both people, but the maximum amount of increase is no more than 10%. Which is the normal that's done in a lot of contracting that I've been account involved with. Understand that, sir.

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Also, also understand that um [clears throat] the county has skin in this particular game in the form of public benefit. Uh the the prices were discussed and have been discussed for at least 6 months. Uh and now that the

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project is complete, we're hearing that again. Today's item uh is to move forward administratively. the items that the kind lady brought will be handled in a separate venue with our attorneys. And if Yes, sir.

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>> And just for clarity, because that came up that the bid did go up because of some unknown conditions on the bids. Um Ronnie Jones went out and went to the other biders, including the original bidder who they came to us with. >> We know >> and all of them would have been higher than what the ended price ended up

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being. He went and checked because if there was somehow we could work the price, he did everything he could do and they were 20 to $30,000 at minimum higher than what Shannonoa was even with the added cost. So it didn't matter. I understand the concerns and I know how that doesn't you know feel good to know

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that the cost goes up but unfortunately based upon the bids we're not taking into consideration some of the requirements. Well, it still seems to me that any contract should include a maximum amount that can be changed after the bid is

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made >> unforeseen. >> I mean, because this smacks to me when I look at this information, it smacks to me as a Shannondoa low bid with the idea that come they'd come in later and get more money because it was open-ended. >> Mr. Minister,

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>> I don't believe it was open-ended. I think as the uh assistant county attorney mentioned, we even went back to the bid that was originally secured by the neighborhood and they left off certain items and

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their amount would have increased as well. So I mean >> not my point is that the that there was no limit on what they could have come back with. They could have come back with $400,000. >> Well, but they didn't. And our public

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works director, you know, worked with them to make sure it accounted for just what was required. >> As mentioned earlier, sir, the the purpose of today's meeting is to move forward uh with the administrative areas. If if you and other homeowners

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have a dispute, we'll certainly take that up in another venue. We have a motion and we have a second. All in favor? I. And the motion carries. Thank you, Mr. Hunter. And thank you, residents of Rainree Commissioners. The next item is Quasi

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Judicial dealing with Westside Racket Club LLC request for special exception use and site plan approval to construct and operate a racket club facility. This in fact is quasi judicial. The parties of this proceeding are

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Indian River County, I see Mr. Stole present, and Westside Racket Club, which is in fact the applicant. Commissioners, at this time, I will ask each of you if you have any exparte communication, site visits, or independent investigations. And we'll

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start with Vice Chair Mos. >> Um, thank you. If it counts as an independent investigation, I watch the videos of the planning and zoning meetings. There were two regarding this matter. The first being on May 14th,

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which went for 32 minutes, and the second meeting was uh June 11th, which went for 46 minutes. And I watched both videos in their entirety, and I have nothing else to declare. >> Commissioner Adams? >> No.

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Myself is known. Commissioner Flesher, >> none that I'm aware of. >> None that I'm aware of. Sir, >> this time we will confirm the commissioners have an open mind or able to base their decision on the evidence presented by applicable law.

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>> Can and will. >> Can and will. >> Can and will. >> Can and will. Can and will. This time we will [clears throat] open the public hearing and we will ask our clerk to swear in any witnesses that may testify in this

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matter. >> Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth? [sighs] >> That's first. Do we have an applicant here? >> We do not commission. >> Okay. Welcome. Welcome staff and

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proceed. Good morning, commissioners. I'm Kelly McKinley, senior planner for the project. Before you today is Westside Racket Club special exception use requests and site plan approval request to expand the existing facility with the intent of

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restoring it as well as providing additional enhancements. The special exception use will cover all four phases. However, only phase one is in for a site plan approval at this time. The additional phases will then subsequently be approved at various

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meetings. The subject parcel is 6.9 acres. It's located east of 43rd Avenue Southwest, north of Sixth Lane Southwest, and it is located south of Fifth Place Southwest.

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Currently, the property is developed with a small um existing bracket court building and four eight tennis courts. This is an aerial site showing with all the proposed phases what the site will

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look like. This is the phasing plan. The white indicates that it is going to restore the existing eight tennis courts, construct the two the four new paddle courts, associated site improvements,

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utility, storm water, parking and landscaping. >> The green will store restore the existing roughly 2500 square foot clubhouse and construct two additional paddle courts. Phase three, the pink, will include the pool house as a

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clubhouse amenity and construct four pickle ball courts. In phase four, the blue, we'll construct two additional tennis courts. Again, this is showing the overall site layout once all four phases are completed.

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>> There is going to be a full access driveway that connects directly to Fifth Place Southwest. The storm water is mostly located along the southern part of the project. It does wrap around between the um asphalt

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parking and the proposed stabilized parking with a swell to aid in the drainage. >> It's pretty impressive. >> The landscaping plan requires a 20 foot thoroughfare plan buffer along 43rd Avenue Southwest.

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A 20 a 30- foot wide typeB landscape buffer is required around the other three perimeters. There are additional foundation plantings that are required around the pool and the existing clubhouse building

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improvements and other conditions. Tennis clubs in the RS3 zoning district must adhere to the specific land use criteria in section 97140 subsection 9 of the county land development regulations. The proposed plan complies with all five of the major

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criteria listed in this code section for such items as site selection, increased building setbacks, lighting, landscape buffers, and parking. Staff was required to publish a legal advertisement in the paper. We sent out notifications by mail

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to the property owners within 300 ft of the site and we also posted a sign at the project site. Again, there was a 30-foot type B buffer that was required to be along installed along the north, east, and southern perimeters of the project pursuant to

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section 97140 subsection 9C of the county's LDRs. A 20 foot wide thoroughfare buffer road was required to be installed around the western perimeter of the property pursuant to section 97140 subsection 9C of the county land development

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regulations. It is important to note that in the staff report, I incorrectly referenced that the land special exception use criteria cited for land development section 97105

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subsection A through D when it should have been land development section 971.05 subsection 7 A through G. So the correction is from A to D to A through G.

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At the PCC meeting, the planning and zoning commission at the regular meeting on June 11th, 2026 voted unanimously to record approval of the special exception use in phase one site plan approval for racket Westside Rocket Club with the

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conditions recommended by staff with one additional condition. The additional condition required that the applicant implement additional noise and light mitigation measures as reviewed by staff for each additional phase as it comes in for approval. Staff recommendation. Staff recommends

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that the BCC accept the findings of facts outlined in chapter 971 and grant special exception use along with phase one site plan approval for Westside Rocket Club with the conditions listed in the staff report. Ensure that all buffers and landscape pro improvements

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are installed. Install all lighting. Install the site infrastructure improvements. And then the additional noise and lighting mitigation measures. Thank you, Steph. >> Commissioners, you've had an opportunity to to view that. Hopefully read the

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backup that we received last week. Keep in mind this is phase one. I will make one comment that looks like the the storm water is adequate. Of course, P&Z agreed and that's one of the hurdles that we typically find in these in these situations. So, any comments

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for staff? >> Vice Chair Moss. >> Um, thank you. With regard to uh the special exception, the special exception is required for what reason? And I know they're adding I'm just confirming what they're adding that they're not and by

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this I mean they're not re it's not just being restored it's an addition to the property. So it's four paddle courts, a pool and four pickle ball courts. So is that the reason why this is a special exception? >> The special exception is the use within

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the zoning criteria. So the site is zoned RS3 but within that zoning district the use itself is the special exception. And I'm sorry, could you repeat that? The what? >> The use itself is a special exception.

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And I think it's also because you're going over a threshold. You're expanding the existing use by more than 10%. >> Yes, sir. >> Yeah. >> Okay. So, so expanding by more than 10%. >> [clears throat] >> So, well, my concern is uh we asked the

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noise, lighting, but also traffic because we're being asked once we if should we approve the special exception and phase one, uh there's phase two, three, and four, which it's my understanding do not come back to us

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>> and also do not come back to the planning and zoning commission. So, you know, I think to vote on this, we're in effect being asked operationally to vote in the blind because I don't know what it's going to be in totality. And once

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we grant the special exception, basically anything goes. Um, we, you know, we we lose control of it. And on top of that, my understanding is it stays with the land. you know that that

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if we change it that land uh remains uh or maintains I guess I should say the special exception uh designation no matter who owns it and I guess that the applicant's not even present uh currently so you know we can't can't

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talk to the applicant but um you know I think very serious concerns were raised and having watched the planning and zoning meetings it was you know I'm Sorry to say, but there just wasn't the technical expertise

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there. I mean, things were mentioned like acoustic uh panels. Pickle ball is is very loud. Nothing is pickle ball. I know everybody loves it, but it's very loud. And they were talking about, well, you know, we have the noise ordinance.

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And then somebody made a really good point. The noise ordinance only applies when it's a sustained level of sound. So pickle ball is not a sustained level of sound. That's blaring music and that kind of thing. So they really don't have protection that way in terms of the

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noise. Um the lighting, it was mentioned that um the lighting will end up being in people's backyards. A privacy fence uh was suggested. Uh that could be more costly than adding bushes. Um, I just think I I I'm not

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comfortable that this was uh thoroughly addressed and it will not adversely affect the public interest. And that's our job as I understand it is to determine that this will not adversely affect the public interest. And I'm I am

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not convinced by what I heard and watched that that that that's not the case. And I I guess I I would ask maybe you know the applicants not here, but is this being built just for the people who are living there currently? Like who who

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who are the members of Westside Raet Club or are they is this for the uh are they looking to attract new [clears throat] membership? I'm thinking about traffic now. It makes a difference. You know, if if you're if you're doing this, you know, the restoration sounds great because there

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were complaints that it had become dilapidated. Uh the canal nearby was never cleared. Uh the road already is in poor repair. And guess what? There's a failing covert. We just got done talking about failing coverts. We really want to

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go there again. So, you know, there are just there are a lot of concerns. Uh maybe you can address some of them. I really think the applicant should have been here today. And by the way, I'm going to take this opportunity to thank the community because God bless. I mean in that initial meeting, the meeting of

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May 14th, it was during public comment that it came out that that company that was requant was out of business. They hadn't renewed their license to be in business. They weren't even an LLC. So that meeting

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never should have happened in the first place, the meeting of uh May 14th. And it was only as a result of public comment that that we learned that. So thank you to the community. That was that was uh you know it was incredible. It was really was astounding. Um I thought but anyway I think there are a

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number of issues and I hope you can address some of them. I wish the applicant were here. >> Thank you Commissioner Moss. And keep in mind this is phase one and also keep in mind that we have a professional staff and I think any comment about losing

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control is not an exact uh description of our professional staff. If I miss Prada, >> thank you. I just wanted to at least address one of the legal questions I think that was brought up was what exactly you all are approving. So I pointed this out back at the PNZ, sorry.

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And for the record, Susan Praau, deputy county attorney. Um, what you are approving today is phase one and the actual special exception use itself. So, for this particular property, um, as was stated, none of the other phases will come back, but whatever conditions are

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placed today, um, if you're wanting to place conditions on the other phases, that would be something that would need to be placed today as well for all for all phases. Um, so from a legal standpoint, there's that. Um and as far

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as uh evidence and stuff presented um affected persons can come forward and they can present their evidence as to um the issues. I think one of them was I think Commissioner Moss you addressed was pickle ball and noise and that there were no um uh professionals there to

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testify as to that. It's actually if there is that concern there is case law that says that you know both sides have to bring their own professionals. That would also include the people impacted. So if they have a concern about that, they would have to bring that forward as well through their own professionals to

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address that as well. Um, but I just wanted to let you know as far as from a legal and evidentary standpoint, those are the two things to kind of look at, but the rest of it I think is planning they can answer unless you have any other questions. >> Thank you, Miss Prada, and thanks for clarifying that it's phase one that

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we're discussing today and we have the opportunity to address the other phases as we go forward. Commissioners, any questions of staff? I do. >> Yes, sir. Might want to turn >> Susan can answer this or John can answer this. Why would it

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>> This was developed in the 70s for the exact same purpose that we're talking about today. It was developed with a you tennis courts, had a pool, had a clubhouse. It was used for many years. It survived probably until the 90s. Uh and then, you

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know, then it kind of took a downturn. I think it got sold, took a downturn. Why is there Did the special exception go away or where there never was one? It was just allowed back in the 70s. Do we do we know any history of the zoning part of it? >> So, none of that changed, Commissioner.

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The difference is now they're coming in to expand and the expansion is what requires it to bring it back before the board. Anything over that 10% threshold, which is what they are proposing, is what triggers that. >> Okay, that that that's a good point. But

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commissioners do understand this has always been what it's always been. It's nothing different. It just went silent because it had no ownership. Apparently, this group who I I'm not familiar, but I've heard from a few of the residents

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out there that are behind this think it's great because it'll add value to the to their property and and to the everything as a whole because it is run down right now. The grass needs to be mowed. Other various things need to be done but understand this was created in

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the se probably mid70s for exactly what it's talking about being today. So that's all I have. I just wanted to know about this about perception why it went away. >> Commissioner Moss, >> do you do you know um I know we're talking about an expansion. I understand

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that. And so it's going to expand by at least 10%. Um do you know what the the plan is in terms of of membership? What are we talking about? Because that well that that affects traffic. That's what you know. So I'm trying to find out.

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>> And you have to remember too that Dick Bird Park is only two miles away and you got 12 pickle ball courts there. >> So it's not it's not like it's an underserved uh area recreationally. >> Correct. >> Bird himself lives in that area right now.

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>> He does. And we all received an email from him as well. I don't think we can speculate about the future of the park. What we can speculate about is what's before us today. >> Yeah. >> Either to approve the expansion of phase one >> or not. >> So, >> it's not it's not phase one that

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concerns me. It's the special exception because that stays for all phases and that does not come back to us. We will not be discussing it again and planning and zoning will not be discussing it again. >> Correct. But it already has it >> the special exception use. We're just

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letting >> And that's what I mean by losing control. we lose control. It doesn't come back to us, >> but it already has a special exception use on it. >> All we're doing is is approving an expansion of that special exception to

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the entirety of the of the property where they want to put the additional courts. >> I think this is this is already an area to my knowledge where there's a concern about traffic. Correct. And so there's no discussion of traffic. I guess you'll get to that, you know, eventually, >> Mr. Administrator.

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>> Yeah. So I had a conversation with you with John Stole regarding because essentially if a project doesn't generate more than the 400 daily average daily trips then there's no requirement for a traffic impact study. I understand

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phase one doesn't do that. Uh my comment was him was recognizing it does not come back. maybe we look at it cumulatively and that we do require at some point in the future a traffic study since because otherwise you're practically evading the

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traffic study provision if each phase oh no we're under 400 oh we're under 400 so maybe that would be something and maybe John can comment on that that would be because you are allowed to you know as the the agenda item noted the board of county commissioners may recommend

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reasonable conditions and safeguards necessary to implement to to safeguards to mitigate impacts and ensure compatibility of the use with surrounding areas. That might be a reasonable one to to say yes, we want a traffic study that that accounts for all

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phases. >> Yeah, thank you, John. Um or county administrator. Um John Soulplay, development services director. Uh so we the traffic studies will be cumulative. I did confirm that yesterday. So as soon as they have a use that trick kicks them over the 400, we'll require a traffic

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study. So phase two will likely kick into a traffic study at that point. So we'll have one to evaluate and that'll go over to public works and the traffic specialist over there will evaluate that with us. >> Okay. Okay. And then the other thing I would just add as they're approving each uh subsequent phase, if there's a party

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that feels agrieved, they have the right to appeal that >> first to the PNZ. If they don't get what they want at a PNZ, they can bring that appeal appeal right to the board of county commissioners. Is that not correct? >> That's correct.

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>> Yeah. And to address your other concern about noise, we do have the condition that we're going to evaluate that um phase by phase as staff. We have a number of u noise mitigation measures that we've found um including up to requiring a new noise study specifically to pickle ball which we can always do.

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Um we can limit nighttime lighting and operational hours. We can require special paddles and balls. Uh we can increase the separation from the neighbors if we need to. We can create an acoustic barrier um which will quiet it down. So, there are a number of things we can do that can adjust that if we feel as though it's going to

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negatively impact the neighbors. >> Well, we we can do it, but are we going to do it? >> We will because it's a condition of approval already. Well, as long as you all uphold the planning and zoning commission's recommendation for that condition of approval. >> Well, I'm not in favor of it unless we do all the things you just mentioned. >> Okay. >> So, we love your can do spirit, but you

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got to actually do it. >> But it's part of the staff recommendation. >> Yeah. And we can put additional conditions on it, Commissioner Moss, if there's something that's not included that you want to see included. >> Yes, this has to be >> Yes. >> We just have to bring it up and

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>> that's what the process is. >> So would the would number four under staff recommendations a cumulative traffic study be conducted, you know, after a phase two to identify potential impacts to the system and whatever the

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recommendations may be. something to that effect. >> Yes, I I would agree to that. Um I have another question though. Is that road because I I I have not been out there to look, but that I I heard that that road is in poor condition and that the culvert is failing. Is that correct to

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your knowledge or anybody's knowledge? >> Knowledge. >> I don't think I've ever heard where's your [clears throat] gun. >> We we're not we're not here to discuss any culverts with this. Well, if there's extra traffic, then there's going to be

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extra usage. So, it is it it is related if if if we find if there if they're successful, I guess they want to expand. So, if they have extra traffic, that road's going to get extra usage. >> And uh and as we learned in the lasting, then whoever's owns the property on

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which the covert sits will be responsible for fixing the covert. >> Yes. So, do we know who owns it? It's not pertinent to >> that's not to be discussed today. >> Commissioners, any questions for county staff hearing? None. Any questions for

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the applicant? Applicant, please state your name and address for the record, sir. Good morning. >> Uh, good morning, uh, commission. Apologize about my tardiness. My name is Ryan McLean with MBV Engineering. Representation for the applicant. I haven't been sworn in, just FYI, in case we've already This is quasi judicial.

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>> Madam clerk, I do. Um yeah, any specific questions you guys have, I can easily address um at this time, whatever seems fit. >> Commissioner Moss, do you have any questions for the >> um well, if you were here, you heard what I said. And if you have any

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comments, so I'm happy to hear them. >> Uh I if if echoing of what I just heard, um obviously planning and zoning brought forth the norms noise and lighting considerations and put them in conditions of the recommendation for approval. Um this was an existing facility from the 70s. Like obviously we're just bringing forth a special exception approval to maintain that. Um

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the site carries pre the facility just FYI facility predates the subdivision not to say necessarily but just from the big picture of things um the roads are county owned and uh and ultimately culprits etc are county maintained.

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>> Thank you. >> Fellow commissioners any questions for the applicant? Any further questions? Any feedback from the public? Anyone from the public would like to speak about Westside Rocket? >> Good morning. Name and address for the

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record. >> My name is Mark Jaffy. I live at 11:09 Fourth Lane Southwest. I travel on Fifth Street Southwest. Every single day, many times a day, I pass this neighborhood. Uh, I have lived on Fifth Street

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Southwest since 1996. When I moved here, Westside Neighborhood was there. There was a racket club there. I drive past that dilapidated racket club almost every single day. And I would like to see this move forward. >> Thank you. Any further questions or

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concerns from public hearing? None. Any final presentation by staff? We have none. >> Any final presentation by the applicant? Madame clerk, do we have all documents

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and tangible evidence have been admitted to evidence and are in the hands of yourself? At this point, we will close the public hearing. Commissioners, what's your favor? >> Mr. Chairman, >> Commissioner Flesh.

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>> And inclusive of hearing staff's assertions of the commitment that the county, the administration, the professionals will have towards the future in development in phase one,

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phase two, uh any any other future endeavor and I do believe that if there is any challenge as indicated by staff, uh it may be triggered to go back to PNZ. today. It

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also may be and will be triggered to come back to this board. Hearing the level of commitment and understanding, I make motion to approve. >> We have a motion by Commissioner Flesher, a second by Commissioner Man.

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Any further discussion by any members of the board? >> Um, does does that include what was discussed today with the traffic study? >> That's part of the revised staff recommendation, the traffic study. as pointed out >> relative reflecting all phase >> number in the motion and uh number four

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on the uh presentation. >> So it does include that. >> Okay. >> There is a commitment. >> Thank you. >> Thank you. We have a motion. We have a second. All in favor? I. And the motion passes [snorts] >> unanimously. Commissioners, as noted

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earlier, we have a time certain uh pause at 10:15. >> 10:30. 10:30. I believe we have time to >> do one more. >> The next quasi >> give it a shot. We could always be late, sir.

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>> Yes, we can always be a few minutes late >> or we can be >> correct. >> This is the county's business. Measures before you now is another quasi judicial hearing involving the reszone

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of approximately 10.4 4 acres from RS3 single family to RM3 multiple family residential. This is a quasi predition judicial proceeding. All parties proceeding here are Indian River County and Miss Valerie

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and William Wagner. The applicant commissioners please disclose any exparte communication site visit or independent investigation that you may have had. U >> none of which I'm aware. >> None. >> None. None that I'm aware.

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>> At this point, we will confirm that each commissioner has an open mind and able to base their decision on the evidence presented by applicable law. Commissioner >> Can and Will. >> Canon will. >> Canon will. >> I can and will. Can and will. >> This time we will open the public

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meeting and we will ask our clerk to swear in any witnesses. Please ride. [cough] >> [clears throat] >> Good morning, Mr. Stole again for your presentation. >> Good morning, commissioners. Uh, for the benefit of the public, my name is

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Patrick Murphy. I'm the chief of long-range planning. I'll be presenting this case today. Uh, before you have a resoning request, uh, the subject of properties comprising the approximately 10.4 4 acres are located on the east side of US Highway 1. South of and adjacent to 61st Street. In the inset to

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the right, the map, everything orients to the top is north and [clears throat] inside red are the properties that are actually being reszoned. The properties are split zone with RM3 multiple family residential along US1 on the west side of the parcels and RS3 single family residential district on the east side of

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the parcels. The applicant proposes to reszone the property to RM3 multiple family residential to eliminate the split zoning. [clears throat] The surrounding area is largely undeveloped. Therefore, the existing land use pattern is best understood through the area's zoning history and current zoning configuration described

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below. The original zoning map that the county had from 75 to 85 placed commercial zoning along US1 and the eastern part was RS3. The west side of US1 was industrially zoned. In 1985, the former C1A frontage, the commercial I

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just referred to, was then converted to RM3, while the eastern portions remained RS3. To the east, the Spoonville Preserve reszoned a little over 413 acres, which was all previously RS3 to PD plan development. And that's why you see this yellow kind of goes down in an

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upside down triangle. It's got a really weird configuration. That's why it looks that shape. Similar RM3 R3 split zoning remains north and south of the site. The property is to the south. That is the very little small yellow portion. Uh the applicant tried to seek approval from

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those owners to include their property in the resoning to clean it up, but they they denied the authorization to do so. So that will remain. The proposed zoning is compatible with the surrounding zoning pattern and is consistent with the future land use policy 1.43 as the property has already contained RM3

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zoning along the O Highway 1. It fronts a major arterial corridor and is located east of commercial industrial node. The resoning would eliminate the split zoning of the property and would not create ARM, excuse me, and would create RM3 zoning surrounded by single family zoning on all sides.

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Uh, current zoning of RM3 and the proposed zoning of RM3 both allow a maximum of three units per acre. So, there no there's no increase in commercial density or excuse me, residential density. uh per the table 2.14 of the county's comprehensive plan, both districts are

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consistent with the uh property's L1 future land use designation. So there's no need to change the land use on this. You have a table here that compares them. All the setbacks are the same. The height, open space, it's all the same. The only thing that's different is the actual use from single to multif family.

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The analysis per chapter 902.123 which is required for all reszoning request item A staff found there are no conflicts with the applicable land development regulations for the requested RM3 zoning. RM3 is an appropriate district for the parcels L1 future land use designation. Item B

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deals with various comp plan elements that are used to evaluate resoning. The proposed resoning is consistent with all elements of the comprehensive plan in align with policies 4.1 2.2 2, 1.11, 1.12, and 1.43.

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Item C deals with compatibility. The proposed reszoning is consistent with existing and planned land uses in the area. The subject property has a future linguist designation of L1, which allows residential development of up to three units per acre and RM3 is an implementing zoning district under this

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designation. Request does not change the the use or density of the property, but allows for different housing type. Item D through K. Uh staff found no inconsistencies with these standards of review specifically as it relates to the county's Therapare plan, roadway level

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of service, environmental conditions, public services, natural resources compatibility or compliance with county plans. Therefore, all the resoning review criteria of A through K have been satisfied. In conclusion, the requested RM3 zoning district is compatible with the

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surrounding area, consistent with the goals, objectives, policies of the county's adopted comprehensive plan, consistent with the county's land development regulations, is deemed suitable for the subject property, and is supported by staff. The planning and zoning board recommended unanimous approval at its meeting on June 25th and

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therefore staff in the planning and zoning commission recommend that the board of county commissioners approve this request to reszone the subject property from RS3 to RM3. That concludes my presentation. Be happy to answer any questions. The applicant's representative is also in attendance. >> Commissioner, do we have any questions

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of staff >> hearing? None. Is the applicant present? applicant, please state your name and address for the record. >> Thank you, Mr. Chair. Pete Sweeney, on behalf of the firm MTC Law, on behalf of the applicants, I just want to thank staff, thank the planning and zoning board, and recommend approval by this

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board. Uh hopefully now it'll be a nice cohesive and developable parcel. Thank you. >> Thank you, Mr. Sweeney. Any questions for the applicant? Hearing none. Any questions or concerns by the public? Good morning. Name and address for the record.

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>> Good morning. Um Lisa Surski. Um I'm a South Ver resident um district 4. Um does somebody mind saying the location one more time? We're talking about 10 acres

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US1 63rd 61st. Um, I'm just going to say for one, I strongly oppose any uh reasonzoning at this point. Anything that's going to bring more residents and more people.

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I am a small business owner. I live in South Bureau. I have a small business in Sebastian. I drive US1 every single day. I have personally moved wildlife out of our roadways. I have called FWC. I have had our road and

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bridge department help. I have seen wildlife that I have not seen alive. I am a fifth generation native of Florida and Indian River County. And the wildlife that I see on that stretch that is deceased, I have not seen with my eyes alive.

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Otter, coyote, a bobcat I thought was a young panther. wasn't ever confirmed by FWC, but I'm talking wildlife that we shouldn't see because they belong in the woods.

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They're elusive. They're not animals that we just see like that. So, I'm just going to say I strongly oppose any reasonzoning at this point. We need to slow the development, the growth, and if that means slowing down the uh the

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reszoning, then that's that's what I'm my opinion. Thank you. Um, [clears throat] but if you would just please clarify the location. Um, I believe it was US1. >> Yeah, US1 and 61st >> south of Antellles. >> Just south of the Antillies neighborhood.

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>> Okay. Well, slightly north of that. So, 10 acres is is a lot of land. I don't know what exactly uh is currently there, but if there's if there's space in between any of the houses that are currently there, there's animals living in that space. So, if we're going to put more homes, more

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uh more population there, it's going to be very hard for our wildlife that is already suffering. So, >> thank you very much. >> Y >> Mr. Chairman, I just like to point out that >> we have another gentleman that wants to speak. >> Oh, I'm sorry.

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>> Name and address for the record. [clears throat] >> My name is Mark Jaffy. I live at 11:09 Fourth Lane Southwest. I am also a resident of South Vero District 4. Um I'm in agreement with the young lady that just spoke. Um I don't agree that

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more rooftops bring value to this community. I don't measure the success of this community by the number of new rooftops, but by the value that each rooftop brings. And in this particular location, just east of this location, there is a public access, a boat ramp to

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the lagoon. There also appears to be a water management area right there, a mangrove restoration area, it appears. Uh, it looks like a park according to Google Maps. And I wonder how a project like this might impact that site.

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Do we have any environmental studies or impact studies about how this would impact that area? >> Thank you for your comment, sir. Uh commissioners at this time we have any final questions of our staff or applicant.

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Hearing none or seeing none. Madame clerk make sure all evidence and documents or tangible evidence have been admitted to evidence and are in the hands of the clerk. Are they in your hands? They are. County staff agenda materials are automatically admitted at evidence.

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There is any objection. >> No sir. >> Thank you Mr. Murphy. At this point, we will close public hearing. Commissioners, what's your pleasure? >> Everybody's got their own mic. >> Mr. Chairman, I'll make a motion to

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approve. >> Second. >> We have a motion by Commissioner Irvin. We have a second by Commissioner Flesher. Any further discussions on this topic? Hearing none, all in favor? I >> I and the motion carries. Commissioners, the time now is 10:30. We'll be

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adjourning this meeting to attend a funeral of one of our firefighters. We will resume at 100 p.m. Uh we concluded with public items and public hearings before our break. We are now at item 12, county administrator

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matters. Mr. Administrator. >> Yes, Mr. Chairman, members of the board. Uh in this past legislative session, the Senate uh passed or the legislature passed Senate Bill 488. And this law is going to require the county to modify uh our current code,

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specifically section 20 of the the bill makes changes to local government's rightway permitting and use regulations. So for for local government the major impact pertains to regulation and permitting of fiber optic and other communication facilities and public

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rights away. Additionally uh local governments may not require a provider to locate uh or uh perform a survey for of any facility except its own or in any rightway b orbit rightway boundary. uh

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that's been an issue that we have faced as I think the the city of fel working with the city of Felsmere related to the uh the broadband project. So the amendment you know really you know limits the ability of local governments to as it relates to permits and then the

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associated security bond requirements rather than having to get an individual permit. If you pass, say you do a segment and it contains 25, you know, properties, you right right now, you would be able you'd be required to get a permit and then get a bond for each one

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of those. So what this does is it it's going to enable uh well it requires but the communities to allow for bundling if you will of permits and only having one uh security

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uh a bond rather a single security bond. Uh so I will tell you that the commun company communication companies including like Comcast uh Tilman Fiber of which we do have a representative here and FPL have you know they did request authorization to bundle

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rightaway permits under a single security bond and this is a consistent practice with many other jurisdictions. So this proposal we have to basically uh they're working with the county attorney's office. They're going to have to rewrite you know our current uh code.

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So, what we're looking to do in the interim is for you to authorize and delegate the authority for me to uh approve applications from utility companies installing fiber optics on public rights away to bundle the permits

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uh with a maximum of 25 permits and then it would be all under one security bond. So, we would be coming in compliance with the law, you know, on an interim basis until we until we adopt the new code that addresses the compliance issues. And uh and I I think that's it.

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You know, in a nutshell, it's >> Thank you, Mr. Administrator, fellow commissioners. Hopefully, you've had an opportunity to speak with Mr. Administrator about this. I did yesterday in length and am extremely comfortable with it. I believe it's going to expedite the process and benefit our residents. Any questions or

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comments? Motion to approve. >> Have a motion by Commissioner Urban. Second, second by Commissioner Adams. Any further discussion? >> Hearing none. All in favor? >> I >> I >> Mr. The next item on the agenda

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is our human resour departmental matters with human resources. I see our administrator of human resources here, Miss Suzanne Bole. Welcome. Good afternoon, commissioners. And uh the item before you is a memorandum of

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understanding that is modifying the current agreement with the International Association of Firefighters and articles 28 and 31. Um what happened was there were some anomalies that uh were in existence under the current agreement and they needed to tweak the language a

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little bit to fit their needs. Um, some simple changes are there's an increase in the notification that's required to cancel the annual leave that's approved outside of the seniority month selection process. Currently, it's 24 hours notice. They need 48 hours notice and

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the parties have agreed to that. And then the second change is to the employee finding coverage for mandatory status. Um, instead of both people moving to the bottom of the list, now only one person's going to move to the bottom of the list.

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>> Yes. Yes. And that's the uh there's no cost. >> Thank you commissioners. Hopefully have an opportunity to review this. I did speak with some associated members about this. It's something that does not cost us anything and certainly it helps this mysterious thing called morale. >> Yes.

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>> Motion approved. >> Second. >> I'll give it to the captain. >> Yeah, please give it to the captain. >> The motion to Commissioner Man, a second by Commissioner Flesher. Any further discussion? >> Hearing none. All in favor? I And finally, commissioners, after a long

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day, this opportunity for public comment on any non-aggenda related matters. Hearing none and seeing none, this meeting is adjourned.